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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, May 14, 2007
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
J

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I N D E X
May 14, 2008
PAGE
--- Visitors' Input 5
--- Commissioners' Comments 10
1.1 Consider/discuss, take appropriate action to
renew cell phone contract to add additional phone
to accommodate new employee & increase usage
Consider/discuss, take appropriate action
approving two bookshelves as surplus and
authorizing the sale of such through eBay
12
14
1.3 Consider/discuss, take appropriate action
concerning annual bids for road materials 15
1.9 Consider/discuss, take appropriate action for an
extension of preliminary plat of Ranger Park 17
Consider/discuss, take appropriate action on appeal
by J. Nelson Happy of issuance of Kerr County
Floodplain Development Permit No. F07-002 to
Martin Marietta Materials Southwest, Ltd, 19
1.5 Consider/discuss, take appropriate action to
authorize inclusion of feasibility analysis for
regional water and wastewater services for Center
Point and Eastern Kerr County in application to
Texas Water Development Board for grant funding
consideration under EDAP or other grant programs
and to other agencies as may be appropriate 45
1.6 Consider/discuss, take appropriate action to adopt
a resolution requesting Texas Water Development
Board assistance through grant funding for Center
Point/Eastern Kerr County Wastewater Collection
and Transmission System 89
Roll-call vote 134
1.8 Consider/discuss, take appropriate action
establishing policy for bond and/or insurance
requirements for County elected officials,
department heads, and employees who handle or
have access to Kerr County funds 91
1.9 Consider/discuss, take appropriate action to
approve interlocal agreement with Bexar County,
as modified by Kerr County Attorney, to participate
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I N D E X
May 14, 2008
PAGE
in Bexar County Regional Public Defender's Office,
and authorize County Judge to sign same 95
1.10 Consider/discuss, take appropriate action to
approve contract with Freese and Nichols, Inc.,
to perform assessments of Flat Rock Lake Dam and
Ingram Dam; authorize County Judge to sign same
as applicable gg
l.ll Consider/discuss, take appropriate action
regarding a full-time Code Enforcement Officer
(Executive Session) 103
Consider/discuss, take appropriate action
regarding reassignment of an existing Ag Barn
employee's duties to include work schedule, work
location, and consider appropriate salary related
to new duties (Executive Session) 105
1.13 Consider/discuss, take appropriate action
regarding establishing policy and procedures
to address methods of collections, deposits,
and receipts for events held at the Ag Barn
1.14 Consider/discuss, take appropriate action to
authorize Road and Bridge Department to close
a portion of Old Camp Verde Road from SH-173 to
vicinity of Fraser property to provide parking
for persons attending the 150th Anniversary of
the Camp Verde Store on June 23, 2007
4.1 Pay Bills
9.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
--- Adjourned
106
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192,
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On Monday, May 14, 2007, at 9:00 a.m., a regular meeting
of the Kerr County Commissioners Court was held in the
JODGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regularly scheduled meeting of the
Kerr County Commissioners Court scheduled and posted for this
time and date, Monday, may 14th, 2007, at 9 a.m. It is that
time now. Commissioner Williams?
COMMISSIONER WILLIAMS: Will you please rise? And I
to deliver our opening invocation, and remain standing for the
pledge of allegiance to the flag, please.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the public that wishes to be heard on any matter
that is not a listed agenda item, feel free to come forward at
this time. If you wish to be heard on a listed agenda item,
we have some participation forms there at the back of the
room. I would ask that you fill one of those out, please.
And it's not absolutely essential that you do that, but it
helps me to be aware that there's someone that wishes to be
heard on that issue. If, for some reason, you wish to be
heard on an agenda item for which you've not filled out a
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participation form, get my attention when we get to that item,
and I'll see that you're recognized so that you have an
opportunity to be heard. But at this time, if there's any
member of the audience that wishes to be heard on any matter
that is not a listed agenda item, feel free to come forward at
MS. LUTZ: Good morning. My name is Beverly Lutz,
and I'm the Transportation Manager for Alamo Regional Transit
out of San Antonio. And this is Randy Plummer from -- also
with Regional Transit. And we're here to give you a small
presentation about a new service that we are doing here in
Kerrville, and you have some flyers there. So, good morning,
Commissioners and Judges -- Judge. This is a new service that
we're starting, and Randy's going to give you a little more
information about it.
MR. PLUMMER: Good morning, Judge, Commissioners.
What we've started recently is a bus service here in
Kerrville. I realize that we've had a bus service here.
Instead of just being in town, I've been working with
Commissioner Williams, and he discussed the desire to have
this service extending beyond the city limits of Kerrville and
actually out into the county. So, what we've developed is a
bus service that runs from the Kerrville Transportation Center
at 206 Schreiner Street, will make some stops at H.E.B., into
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Flagstaff, to Walmart, The Meadows, to Heritage Oaks
Apartments; we'll go all the way out to Wells Fargo in Ingram.
At that point, we will turn around, come back through, make a
stop at Guadalupe River R.V., again back to Walmart, into
River Oaks Shopping Center, make a stop behind H.E.B.; we'll
make a stop at the V.A. Hospital, turn around -- we'll go
through Guadalupe Heights Mini-Mart and then turn around at
the Center Point Mini-Mart, come back to the V.A. Hospital,
ii make a stop at	Schreiner	University,	and	then	back	to the
transportation	center.	We'll be able	to	make	this	route three
times a day. We've gone through and done some time schedules
on it. You may have seen us running the trolleys in town
like we can make the three different rounds a day. Notice the
different departure times and departure locations. You can
just read across from -- from the pickup locations and then
read down on the departure times. We put east and west,
depending on which direction. The cost is $1 per ride, so
every time a person gets on the vehicle, it is $l. We hope
that this will be a service that we can get the support of the
community on. As gas prices continue to increase, we're
looking for means of transportation to move people around,
maybe ease some of the congestion on our roadways, and so this
is something that we feel like may be able to help. It is a
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trial run. We're hoping to -- that it becomes a permanent
run. And we'll just see -- see where it goes from there. We
actually have had people come up and have had some ridership,
so they just see the trolley pull up, and knock on -- come up
and knock on the door and say, "Can I ride?" And so we've let
I them on, and they've been able to make a few runs without any
advertising. So, we would appreciate any support on this that
y'all can lend us, and getting the word out into the
community.
COMMISSIONER WILLIAMS: Judge, may I add a comment?
JUDGE TINLEY: Surely.
COMMISSIONER WILLIAMS: This comes become about
because the Texas Department of Transportation, which was the
owner of the trolleys, advised AACOG and ART, which is the
transportation subsidiary of AACOG, that if we didn't get
those trolleys into a greater use than they have been in the
past, they were going to go someplace else other than here.
And so the staff, working with the Executive Director of
AACOG, has worked out a potential use for a route. I believe
that an east-to-west route was good -- a good start. And if
we can get the kind of publicity we need and the ridership,
there's every chance this might be successful.
COMMISSIONER LETZ: If I -- one other just quick
comment. You might consider adding a stop at the courthouse
at some point on these, because people need to come here a
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lot.
MR. PLUMMER: We -- that's possible. Part the
issues that we run into are just locations to stop. But
that's -- that's not something that is out of the question.
We -- we were trying to find places -- I totally agree,
though. We looked at some other places. We would like to get
maybe closer to downtown as well.
COMMISSIONER WILLIAMS: Randy, you might consider
just the corner of 16 and 27. That gives people the
courthouse and the hospital.
MR. PLUMMER: We can add that in. That's not a
problem. I mean, we're right there to make an additional
stop; it won't throw our times off any.
COMMISSIONER WILLIAMS: And then, of course, you
have the mall on the other side of the river. I don't know if
you've contemplated how to work that.
MR. PLUMMER: We've thought about it. At this time,
because of the -- the time constraints, we did not put that in
yet. We were sort of hoping to see what -- what type of draw
we would have. And then -- it doesn't mean that we can't
expand into other -- the north/south at some other time. If
we can just get the east and west up and running and -- and
financially feasible. So, with --
COMMISSIONER WILLIAMS: Appreciate you coming today.
MR. PLUMMER: Well, thank you.
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JUDGE TINLEY: Thank you.
COMMISSIONER OEHLER: I've had people ask me what --
you know, what they're doing, and I don't have a clue.
MR. PLUMMER: Well, and right now they're just
checking to see if it's even possible to run with the traffic.
We've been doing time studies, just to see if they were even
able to make it through with what we wore hoping. We had
looked -- we hoped to have four runs through town, and it
just -- we couldn't do it. The time just didn't allow with
the number of hours we have available for the drivers. II
COMMISSIONER OEHLER: Maybe the newspapers will help
us out with a little advertising.
MR. PLUMMER: If possible, the newspapers, TV,
different things here in the community, as well as word of
mouth. We would like to -- like to see this happen. So --
COMMISSIONER OEHLER: Thank you.
MS. LUTZ: I've leave some extra flyers on the table
back here, if that's all right.
COMMISSIONER WILLIAMS: Be sure the press gets them
too. Here comes another member of the press; he just missed
the presentation.
COMMISSIONER BALDWIN: Is this -- is this running
today?
MR. PLUMMER: Yes, sir.
COMMISSIONER BALDWIN: Hey, Rusty, do you want to go
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for a ride?
SHERIFF HIERHOLZER:
COMMISSIONER BALDWIN
SHERIFF HIERHOLZER:
morning.
Yeah.
I've got a couple of dollars.
We can skip out of here this
COMMISSIONER BALDWIN: We can ditch this meeting.
MR. PLUMMER: That would be -- if you would like to
ride, it will be coming down the street today. So, yes, sir,
please -- please feel free to come jump on. And we -- we will
be operating a Monday through Friday schedule, and hopefully
the ridership will -- will increase.
COMMISSIONER BALDWIN: Fantastic.
COMMISSIONER WILLIAMS: Thank you, Randy.
JUDGE TINLEY: Thank you.
MR. PLUMMER: Thank you, Judge, Commissioners.
JUDGE TINLEY: Any other member of the public that
wishes to be heard on any item that is not a listed agenda
item? Seeing no one else coming forward, we'll move on.
Commissioner Williams, what do you have for us today?
COMMISSIONER WILLIAMS: We got a lot of things,
Judge, but nothing right now. We'll get into it in a few
minutes.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: I really don't have anything
special. A few comments at the end of the meeting about
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COMMISSIONER OEHLER: Well, the only comment I
really have is, I kind of want to make sure we thank our local
TexDOT office for negotiating with the Hunt citizens committee
on the Highway 39 and 1340 bridges, and working with the
County to help us upgrade seven off-system bridges. And the
people that have been mostly involved in that are -- are the
District Engineer, David Casteel, and then locally, Mike
Coward, Dan -- Don Cranford, and David Henson, and so I think
we need to -- I'd like to thank them for everything that
they've done working with us. Other than that, nothing at
this time.
JUDGE TINLEY: Commission Baldwin?
COMMISSIONER BALDWIN: Well, just one thing, Judge.
Friday, I missed the state track meet -- first time in many,
many years -- because I went to San Antonio to watch the Tivy
Antlers play baseball. And they were playing -- Tivy has one
senior on their team, just a bunch of -- and I mean little,
bitty kids. But they were playing the number six -- New
Braunfels Canyon, number six in the state, and New Braunfels
beat them -- beat us Friday night 10-to-1; it was pretty ugly.
But they came back Saturday, and Tivy won the first game, and
then the -- the third game Saturday afternoon, New Braunfels
beat us by one run. So, it was pretty exciting to see a
little young bunch of sophomores and juniors go out and really
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excel. We got a bunch of good kids in Kerrville; we can't say
that enough. I think that's about it.
JUDGE TINLEY: Okay. As you gentlemen know -- I
think I provided information or copies to you last week -- we
received the first of two checks on our E.B.A. insurance
litigation settlement, and in the sum of just under $135,000.
We've got -- we got another 50,000 net coming here fairly
quickly to wind that up, and so that we'll have that issue
behind us, but I wanted everyone to be aware that we've
received those funds. Let's move forward in our agenda.
First item on the agenda is consider, discuss, take
appropriate action to renew the cell phone contract, add an
additional phone to accommodate a new employee, and increase
the usage from 800 minutes to 1,200 per month, at a cost of an
additional 9.95 a month for the phone added and an additional
$20 a month for the increased minutes. This is for the
Maintenance Department. Mr. Bollier?
MR. BOLLIER: Well, right now we have -- we have a
-- if we add it, we'll go -- there will be a total of nine
people that are using cell phones, and right now we're only
paying for eight, and I need to add one more. Which is -- you
know, since I gained Sonny back.
JUDGE TINLEY: Okay. That's because of the new
employee that was transferred over to your department that you
need to have continuing contact with?
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	MR. BOLLIER:	Yes, sir.
	JUDGE TINLEY:	Okay. Have you routinely been
running	over your curre	nt contract minutes?
	MR. BOLLIER:	Yes, sir, we have. In the past three
months,	we have run ove	r an extra $20.
	JUDGE TINLEY:	Okay.
	COMMISSIONER	BALDWIN: And this increase of minutes
per mon	th, you think, w	ill fix that?
	MR. BOLLIER:	I believe so, sir.
	COMMISSIONER	BALDWIN: Mm-hmm.
	COMMISSIONER	LETZ: If -- if it's going to cost $20
a month	-- that was one	month you ran over was $20?
	MR. BOLLIER:	There's been a couple of months.
	COMMISSIONER	LETZ: Couple months? Okay.
	JUDGE TINLEY:	And he's adding one more user.
	COMMISSIONER	LETZ: Right. I move approval.
	COMMISSIONER	OEHLER: Second.
	JUDGE TINLEY:	Motion made and seconded for approval
of the	agenda item. An	y question or discussion? All in favor
of the	motion, signify	by raising your right hand.
	(The motion c	arried by unanimous vote.)
	JUDGE TINLEY:	All opposed, same sign.
	(No response.	)
	JUDGE TINLEY:	That motion does carry.
	COMMISSIONER	BALDWIN: Mr. Bollier, I assume that
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you have money in your	own budget to cover this?	
MR. BOLLIER:	Yes, I do.	
COMMISSIONER	BALDWIN: Thank you.	
JUDGE TINLEY:	Thank you, Mr. Bollier.	
MR. BOLLIER:	Thank you, sir.	
JUDGE TINLEY:	Let's move to the next item.	
Consider, discuss, and	take appropriate action approving	two
bookshelves surplus and	authorizing sale of same through	eBay.
These are surplus items	in your office, Ms. Pieper?	
MS. PIEPER:	Yes, sir. They have been moved	
downstairs to the commo	n area, just to get them out of my	way.
JUDGE TINLEY:	Okay. Those are the two roller	--
metal roller devices wh	ere the big index books were kept,	as I
recall?		
MS. PIEPER: That is correct.
JUDGE TINLEY: Okay. Okay.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion?
COMMISSIONER BALDWIN: Question about the eBay. Are
we being successful in selling county surplus --
MS. PIEPER: According to Tommy, yes.
COMMISSIONER BALDWIN: -- on eBay?
MS. PIEPER: I haven't looked into that, but
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according to Tommy, yes.
COMMISSIONER LETZ: I was going to bring up --
mention that. The Road and Bridge stuff, my understanding is
it's been extremely successful, far more than I ever would
have dreamt we would have got for some of that junk -- good
equipment, I'm sorry.
JUDGE TINLEY: Previous -- previously used
equipment.
COMMISSIONER BALDWIN: Yes.
MR. ODOM: Excess inventory.
COMMISSIONER BALDWIN: People are buying it.
JUDGE TINLEY: Any other question or comment? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 3. Consider, discuss, and take appropriate action
concerning annual bids for road material. Mr. Odom?
MR. ODOM: Yes, sir. Before you, we have -- we're
wishing to go out for bids -- annual bids for road base, cold
mix, black base, trap rock, emulsion oil, and corrugated metal
pipe, for the bids to be opened Tuesday at 10 a.m., May the
29th, 2007, in Commissioners Court. Ask for the Court's
permission to go out for these bids.
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COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion?
COMMISSIONER LETZ: Comment. Do we ever do -- we go
out for bid on fuel?
MR. ODOM: Well, we take bids as we need it. We
take about three bids. Truby's here; she can give you a
little --
MS. HARDIN: We do informal bidding on every order.
COMMISSIONER LETZ: Okay. So --
MS. HARDIN: We only have two suppliers in town. We
call both suppliers, and it does vary very much.
MR. ODOM: Very much. We save anywhere from 20
cents or better per gallon by giving these bids out instead of
a formal bid.
COMMISSIONER LETZ: If -- nevermind.
MR. ODOM: It's worked for 16 years that way, and
it's been very -- we've held in very well with that. If
you're hooked in, you know, it depends. Free market. And
it's --
COMMISSIONER LETZ: I agree. I just...
JUDGE TINLEY: Any other questions or comment? All
in favor of the motion, signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion does carry. Let's move to
the next item; consider, discuss, and take appropriate action
for an extension of the preliminary plat of Ranger Park.
MR. ODOM: Yes, sir. Mr. Voelkel sent us a letter;
I think it was Friday, or -- or a fax, anyway, and asked to
put it on the agenda for Mrs. Cunningham. Mrs. Cunningham is
not here. And I understand Mr. Brinkman is -- has been asked
to -- to talk for Mrs. Cunningham, but she wishes to have an
extension on this Ranger Park, which is about a year ago -- a
year ago this month. And for an extension for the preliminary
plat to be extended to build that commercial park down there.
And since Mr. Voelkel is sick today, he couldn't be here, and
asked Harvey to -- to step in. So --
COMMISSIONER BALDWIN: So Harvey has to carry the
load for everybody.
MR. ODOM: He has to carry the load.
COMMISSIONER BALDWIN: Let me ask you a question,
though, Leonard, before you leave.
MR. ODOM: Yes, sir?
COMMISSIONER BALDWIN: Talking about an extension on
the preliminary plat. So, a preliminary plat only runs for a
certain time period?
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MR. ODOM: For one year.
COMMISSIONER BALDWIN: For one year. And then --
MR. ODOM: If it's not completed, then they would
come to the Court and ask for an extension of that
preliminary.
COMMISSIONER BALDWIN: And if the Court said no on
the extension?
MR. ODOM: Then they have to go back to a new
preliminary.
COMMISSIONER BALDWIN: I see.
COMMISSIONER WILLIAMS: Might be helpful if
Mr. Brinkman explained why this extension is necessary.
MR. BRINKMAN: Well, I've been before the Court --
the Commissioners -- good morning. Harvey Brinkman, 306
Riverhill. I've been before you before on this. The
economics of it just changed considerably once we got into the
road work, et cetera. We still want to go forward. We did
purchase -- personally did purchase land adjacent to Danielle
Cunningham's property, which is the preliminary Ranger Park,
and our goal is to proceed, but because of the economics of
it, we just haven't moved forward yet. So, we ask for this
extension.
COMMISSIONER LETZ: For a one-year extension?
MR. BRINKMAN: Please, yes, sir.
COMMISSIONER LETZ: Move approval.
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COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for approval i,
of the agenda item. Any question or discussion? All in favor
of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 7; consider, discuss, and take appropriate action on
appeal by J. Nelson Happy of issuance of Kerr County
Floodplain Development Permit Number F07-002 to Martin
Marietta Materials Southwest, Limited. Commissioner Williams.
COMMISSIONER WILLIAMS: The material is in front of
you that Mr. Happy provided. He's appealing the issuance of a
floodplain order by Road and Bridge Department. In addition
to what's in your packet, there's a folder that Mr. Happy
prepared. Are you prepared to step us through this,
Mr. Happy?
MR. HAPPY: Yes, sir. Judge Tinley and members of
the Commission, my name is Nelson Happy, and I'm here today,
as Commissioner Williams said, to appeal the granting of a
permit to develop the floodplain next to my house for the use
of a haul road by Martin Marietta Corporation. The County
adopted in the year 2000 an order which covers the procedure
and factors to be considered in the -- in the determination of
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whether or not to grant such a permit. I'd like to go through
a bit of information about Martin Marietta, a bit of
information about my property, and then go into the details of
what the order provides in terms of what this Commission must
consider in determining whether or not to grant a permit, and
then, in conclusion, ask this Commission to deny the permit.
First of all, a bit about Martin Marietta Corporation.
COMMISSIONER WILLIAMS: Are we looking at the
material you gave us today? Or prior?
MR. HAPPY: This is actually the white book that I
gave you today.
COMMISSIONER WILLIAMS: Okay.
MR. HAPPY: I think that would just speed the
process to refer to that book. And I'm going to the first
section of it, which is a bit of information about Martin
Marietta. I took this information off their web site. They
employ 5,500 people. They have over 300 quarries throughout
~ the United States. Their annual sales are approximately
$2 billion. They have earnings from operations of
$388 million a year. The second page shows the states that
Martin Marietta is operating in, and the next exhibit is the
number of quarries that Martin Marietta's operating in the
state of Texas. The facility in Center Point is a very small
facility for Martin Marietta, but obviously, it's a
sophisticated company with enormous financial resources, very
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capable of complying with the law and knowing what the
photograph. And then I have copies of the salient parts of
the lease that Martin Marietta entered into. You notice that
September 5 of 2002, which is more than two years after this
Court adopted its order controlling floodplain development.
So, at the time they entered into this lease, they were very
familiar with the fact that in order to operate in the
floodplain, they would have to get permission from this Court
before any action was taken, and they've taken the risk of
being permitted or not. But the risk that they took isn't
very much, because you can see in Paragraph 12 of their lease,
they only pay $1,000 a year for the right to have this lease,
so the amount of risk taken by Martin Marietta is rather small
compared to a company that does $2 billion a year in sales.
In the -- Section Number 2, you'll see a -- on the
first page is a map of my property, which is the -- has been
named the H.M. Naylor Ranch, and I'll talk a bit about
Mr. Naylor in a minute. But if you look at this picture, you
can see at the -- on the right-hand side of the yellow
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intends to build this haul road. My property is named the
H.M. Naylor Ranch because it was developed by H.M. Naylor in
1946. At the time, Mr. Naylor was the -- said to be in the
newspaper the richest man in Houston. He was a very
successful self-made oil man who had properties all over the
world, including California and Texas. He had homes in at
least five places, including in Beverly Hills, California.
You can see a picture of Mr. Naylor on Page 11. He
particularly liked this property because it was so close to
the airport, which was developed in 1940. He owned two
Lockheed L-12's, and he could just fly in anytime he wanted
to, bring his friends from -- oftentimes from Hollywood, and
enjoy hunting and fishing in his ranch. At that time, he
owned over a section. He had about 700 acres of land. Our
property has been reduced to only 100 acres.
The area that Martin Marietta intends to mine did
belong to Mr. Naylor originally. You see a picture of Mr.
Naylor standing by his plane at Lewis Schreiner's Field in
1946. Here's a picture of Mr. Naylor and his wife, Mary Ann,
who just passed away last year. She was a Kerr County
resident until she was well up into her hundreds. They're
entertaining Wallace Beery in this picture at their home at
the ranch. Clark Gable was a frequent traveler with
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fishing that Kerr County offered. And many Hollywood
celebrities came to our house and stayed in our guest room,
enjoying the beautiful climate and nature of Kerr County.
his home here, Charles Dilbeck. The Meadows Museum at SMU
recently had a retrospective of the designs and drawings of
Mr. Dilbeck, and he is recognized in a number of properties
that are on the National Register of Historic Places. I just
put in a little -- the front two pages of the flyer that The
Meadows Museum published about Mr. Dilbeck. It gives you a
little bit of an idea of what it was like. Page 16 is a
installing the irrigation system, and you can see a truck and
other people working busily to finish it up.
When it was completed, the entire interior was done
by the interior decoration department of one of the leading
interior decorators in Los Angeles. The house and contents
appeared in Architectural Digest in 1946, and here's one of
the pictures of the living room from Architectural Digest. It
also has a lot of ironwork that was done by Kerr County's most
distinguished ironworker, Erich Riesel. His book, "From Forge
and Anvil," has given Mr. Reisel some national prominence in
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And Page 19 is a couple of illustrations of the
On Page 20, you'll see the determination of
eligibility from the Texas Historical Commission of our
property for the National Register of Historic Places. It was
designated on October 16 of 2006 as -- as being eligible for
inclusion in the National Register. It is then entitled to
the protections of Section 106 of the National Historic
Preservation Act, which includes review of projects such as
this prior to approval. On page -- on Divider Number 3,
you'll note that on December 21, Martin Marietta applied for
the permit to build a haul road through the floodplain area.
You'll note that they allude to the so-called FIRM, which is
the area that's been designated by FEMA as the floodplain. It
was effective July 19, 2000, two years before Martin Marietta
leased this property in 2002. So, at the time they leased it,
they were very familiar with the fact that they were leasing
property in the FIRM and would require a permit before they
did anything.
They also mentioned that they're planning to build
this haul road under the authority of the U.S. Army Corps of
Engineers Nationwide Permits, and case law has established
that the utilization of any permits from the U.S. Corps of
Engineers requires Section 106 review under the National
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Historic Preservation Act, so it is not ripe for this Court
to -- to grant a permit at this time, in the absence of
Section 106 review. You'll note that they also state that the
I've been forced to retain a civil engineering firm
who is -- we will -- I've already had preliminary meetings
with the T.C.E.Q., and we will be meeting with the T.C.E.Q.
We'll also be meeting with the Corps of Engineers and FEMA,
which must protect Kerr County residents from the -- the
interests of private miners against attempting to redefine
floodplain jurisdiction. Because if the floodplain is
redefined for the interests of the mining companies, it
will -- the water is going somewhere. It's either going to be
redefined as my property being in the floodplain or somebody
else's property being in the floodplain. When I bought my
property, it was known what the FIRM provided. We knew what
areas of our land were in the floodplain, and certainly we
knew the property that is being leased by Martin Marietta.
We need -- the public needs protection against the
single interests of private developers, whatever kind, and
Mr. Odom -- the County needs to be on top of what the plans
are of Martin Marietta to attempt to redefine the FIRM. I'm
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only one person. I don't have the resources of a Martin
Marietta, and yet I'm being forced to retain civil engineering
firms in order to second-guess and prevent this redefinition,
process. I do -- I did include a copy of the FIRM map, which
we all have access to and which developers in Kerr County rely
on as, in fact, the boundaries of the floodplain, and that is
on Page 25. On Page 26 is the -- is a photograph, which is
supplied by Martin Marietta, of the area that they intend to
mine, and if you can see in the upper left quadrant, they call
it the future pit area. Stormwater detained within, and that
immediately adjoins my property and my house. And in
addition, you can see the amount of -- of where the Martin
Marietta quarry is in the -- to the right of the central part
of the map.
On October 2, Martin Marietta wrote Mr. Odom and
in the confluence of Nowlin Hollow drainage and the ditch.
The area is not expected to be disturbed at this time, and
appropriate U.S. Corps of Engineers permits will be secured
prior to any disturbance of this small area. To my knowledge,
no application has been filed. It will affect the wetlands.
They are protected. Again, it requires review under 106 of
the historic -- National Historic Preservation Act. And I put
in the front of your materials an EPA publication on the
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They also point out in their letter that they've
reviewed the Texas Historical Commission regulations; no
identified historical structures located at or in the vicinity
of the site area. However, it was only two weeks later that
eligible for inclusion in the National Register. So, although
this information might have been correct on October 2, it was
not correct after the designation. But it's also recognizing
that Martin Marietta's fully familiar with the fact that there
are protections to properties eligible for the National
Register. Then, on Page 30, Mr. Garcia has stated to the --
to Mr. Odom that their existing floodplain development permit,
which has expired, they do not plan to renew until flooding
events replenish the mined area with gravel.
I'm concerned when I read this, because at the
present time, Martin Marietta has no permit to operate in the
floodplain at any point. And I'm not sure whether Mr. Odom or
anyone in the county has gone to the site to determine if
they're operating in the floodplain or not. And, in addition,
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I'm concerned by the term, "apply for a renewal." There is no
way that you can apply for a renewal of that permit. They
would have to start from scratch and reapply for a floodplain
permit in the future if they intend to do any additional
mining in that particular location. But I think it's
incumbent on the County to make sure that the floodplain
ordinance is being enforced and that Martin Marietta is, in
fact, not operating in the floodplain at all. And, in fact,
I've included some publications from the National Flood
Insurance Program, which in layman's language describes the
necessity for adopting an ordinance, and then the adverse
effects that can occur if, in the case of the County, it is
not administered and enforced properly. It means that every
single person in Kerr County could lose their flood insurance
if that order that this Court adopted in the year 2000 is not
enforced according to its terms. So, it's a very serious
matter; cannot be ignored. And the maintenance of these
permits and the granting of the permits requires expertise and
careful, detailed compliance with this Court's order.
On Section 5, I've just taken out what I think are
the key provisions of the order to help the Court. This isn't
complete. Of course, the Court has a copy of the entire one,
but I gust wanted to review these. First of all, you notice
It
included the definition of historic structures on Page 6 of
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the order, as preliminary determined -- preliminarily
determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register.
And that is what has happened with our property. The -- the
listing was -- is administered by the Texas Historical
where that designation occurred.
Then on Page 8 of the order, which is 37 in the
book, the Court orders the development permit shall be
required to insure conformance with the provisions of this
order. And that means every provision of this order must
be -- must be complied with. Section D says Compliance. No
land shall hereafter be altered without full compliance with
the terms of this order and other applicable regulations.
Now, it's easy to say they're just building a small haul road,
it's not a major impact, but the importance of it is the
procedure that has to be followed. And, in addition, the fact
that the creation of a haul road is for the purpose of
beginning mining operations. You don't need a haul road if
you're not going to haul something. So, even though it may
entail a small amount of land, the same rules apply to it and
to Martin Marietta as it does to other every other citizen of
Kerr County and every other size of land.
When I met with the T.C.E.Q. last week, the person
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can be removed from the floodplain without a permit. So, it's
important to remember that although this is a small project,
it's the camel getting his nose into the tent, and that the
provisions of the order need to be complied with, even though
it's a small thing. The -- in Paragraph 4 of Section D, the
order says that it's required prior to granting the permit.
"Review permits for proposed development to insure that all
necessary permits have been obtained from those federal,
state, or local government agencies, including Section 404 of
the Federal Water Pollution Control Amendments... from which
prior approval is required." And in a couple of minutes, I'll
get into the areas that prior approval has not been obtained
prior to the granting of this permit.
On Permit Procedures, which is on Page 11, the court
order provides that -- on Paragraph 2, approval or denial of a
development permit by Floodplain Administrator shall be based
on all of -- all of the provisions of this order and the
following relevant factors. It includes, in (d), the
compatibility of the proposed use with existing and
anticipated development. And in a minute, I'll show you
briefly how the use of this property for haul roads and mining
is not -- it is not in any sense compatible with the existing
uses in Kerr County and the city of Kerrville as they exist
today. The availability of alternative locations, not subject
to flooding or erosion damage, for the proposed use. There's
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been no investigation of alternative sites in the file, where
there's any effort to look for alternatives.
And, finally, the relationship of the proposed use
to the comprehensive plan for that area. Kerr County does not
have a comprehensive plan, but when the Court entered this
order, it was not for no reason. There is a comprehensive
plan for the airport. There is a plan for the airport
industrial park. There are comprehensive plans for the zoning
for the city of Kerrville, and this area is in the
extraterritorial jurisdiction of the City of Kerrville. And
Commissioner Williams is soon to talk about the potential of
even increasing the value of this property by bringing in
water and sewer, and a comprehensive plan is going to include
the area around Center Point in obtaining new water and sewer,
so that needs to be taken into account.
The appeal procedure as set out in Section D(2),
that this Court shall hear and render judgment on appeal only
when it is alleged there is error in any requirement,
decision, or determination made by the Floodplain
Administrator in enforcement or administration of this order.
And in my letter to you, I set out the grounds in which I
believe there was error in the requirements, decisions, and
determinations made by the Floodplain Administrator. And I
think it's important that, in my view, that permit is no
longer in effect until this Court makes a decision whether to
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give effect to it or not. And the reason is that if Martin
because Mr. Odom gave them a permit while this is on appeal,
the appeal here would mean nothing. So, it is in this Court's
-- this Court has the jurisdiction to make the decision of
until all the other agencies that are interested in this have
made their decisions, or whether -- of course, another
alternate is to go ahead and issue the permit, and then there
is a -- an appeals provision to a court of competent
jurisdiction from your ultimate decision.
Section 6 is discussing a bit about the F.A.A. At
the time that Martin Marietta leased this property, as Exhibit
B to their lease, they acknowledge an easement to the City of
Kerrville and -- and airport restrictions. Now, the easement
Marietta leased this property for $1,000 a year, and it is the
easement with respect to the overflight from the airport. In
addition, the airport restrictions are recorded. And this
property where they want to build a haul road and ultimately
mine is in the flight path and the easement of the airport.
The F.A.A. has a real interest in anything that is -- goes on
in the flight path of the airport. And Commissioner Williams
and Commissioner Letz requested the Airport Manager several
months ago to inquire with the F.A.A. about this application.
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I don't know if the airport -- I was present at the meeting.
I don't know if the Airport Manager did, in fact, inquire of
the F.A.A. or if any response has been received.
But I spoke to the F.A.A. and they told me that they
did not have any information about this; that they had
effect, a whole department in the F.A.A. that looks into the
desirability of these kinds of uses in the -- in the flight
path. And, in fact, they -- they have a division that's
involved in Section 106 of the National Historic Preservation
~i Act to make sure that cultural resources are protected in
airport flight zones. And although, again, it may seem a
small thing, on Sunday afternoon, when I returned home on
April 22 from a trip around the hill country looking at
wildflowers with my wife, I discovered that Martin Marietta
had three large pieces of equipment going as fast as they
could on Sunday afternoon at 1:30, starting to dig this road.
And the presence of that equipment, the emissions, the -- and
the metal involved in those large pieces of equipment running
back and forth can and do interfere with radio signals from
the airport.
The -- for example, the Erich Riesel-designed Lewis
to be taken down because of the potential of reflection from
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that metal into the flight path of the aircraft. Believe me,
sign, and have a lot more deleterious effect potentially on
aircraft and radio signals. I'm not an expert in what radio
signals in flight path concerns are. The F.A.A. is, and they
retain the jurisdiction to make this decision. And at the
time that Martin Marietta leased the property, they well knew
that this was subject to the airport's easement and subject to
the airport's restrictions, which need to be enforced.
Another area, Section 106 review. Mr. Odom sought
or not these permits would require Section 106 review, and a
young woman at the Commission sent him a letter saying it
wasn't necessary. They didn't send me a copy of it. Mr. Odom
never gave me a copy of it, but nor, in fact, did he ever give
me a copy of the permit or tell me that a permit was going to
be issued to Martin Marietta. Nor did Martin Marietta. But
when I did get a copy of it, I immediately called the U.S.
Department of Interior, the Advisory Council on Historic
Preservation; I sent them a file. They said that young lady
at the Texas Historical Commission was dead wrong; that one --
Section 106 did apply, and that that letter was sent in error.
I called F. Lawrence Oaks, who is the State Historic
Preservation officer. He conferred with the U.S. Department
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currently working with the Advisory Council on Historic
Preservation, the Department of Interior, and FEMA to -- in
order to determine the extent of Section 106 review. So, the
State of Texas, the Texas Historical Commission that has
jurisdiction over this project has not approved going forward
with it without Section 106 review. It is up in the air. And
there will -- there -- I'm told by the Martha Catlin at the
Advisory Council on Historic Preservation that the State of
Texas will comply with Section 106, and it will require a
review. And you'll notice that the most important part of the
order, in my opinion, require the -- the consideration of what
the uses in the area are and how it fits in with the plan.
So, I -- all of us here, I'm sure, are very familiar
with the jurisdiction and exactly where the county borders are
and where the city of Kerrville is, but I have put in a little
map that shows the City of Kerrville's interest in the
municipal airport and in the airport commerce park. And those
are two areas that adjoin this potential mining area, which
are clearly planned, and neither the airport -- the airport
commerce park zoning specifically precludes mining, and the
covenants and restrictions that every deed issued in that park
have also prohibits mining. And, in addition, mining is not
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permitted within the airport boundaries. You can see that on
Page 44. The zoning for the airport is actually light
manufacturing, not quarrying and mining. So, the areas that
On Page 50, you'll see an article by Bill Blackburn
that recently appeared talking about the enormous increase in
property values in the Center Point-Comfort area along Highway
27 because of the plans to build expensive homes and even
affordable housing along that corridor. Now, where I live, in
our area, there are four large single-family residential
developments. As you drive up Highway 27 in Kerr County,
you'll see the number of new single-family developments that
are occurring. These people do not know that Martin Marietta
plans to build a quarry on Highway 27 at the entrance road to
the airport. So, the impact that additional quarrying
activity can have can be devastating on the property values of
people already in good faith planning single-family
developments. And, in fact, Commissioner Williams' proposals
today about sewer and water are going to be severely affected
if the continued mining operations are permitted to go
forward.
This Court has the discretion to turn down this
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appropriate, and is going to have a very damaging effect on
the balance of the property owners in the county. Martin
Marietta itself has acknowledged this. On Page 51, from its
web page, it says, "Although it is better to be near urban
growth areas, increasing land values and local environmental
concerns are moving aggregates plants away from these
markets." And that's what has to happen, and that is what is
happening, and Martin Marietta knows it perfectly well, before
they entered into the $1,000-a-year lease on this property.
And another example in San Antonio is restrictions that are
being placed on the Edwards Aquifer, and I can show you the
example here, that the first use restriction --
JUDGE TINLEY: Mr. Happy, what are you asking this
Court to do today?
MR. HAPPY: Turn down the permit, just that. Very
simple, Judge. That it's in your jurisdiction, and I
believe --
JUDGE TINLEY: The permit that was issued in
February?
MR. HAPPY: Correct. That should either be turned
down flat because it's incompatible with the order, or
secondly, it should not be considered -- it should be turned
down pending the completion of the study by the F.A.A. and
under -- and the Texas Historical Commission. Until the
County has that input, it is premature to grant the order.
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And that really is, I think, very important that the cart not
be put before the horse, and that the -- the regulatory
process be allowed to continue.
COMMISSIONER LETZ: Mr. Happy, your -- seems to me
that your appeal is based on the historical designation.
MR. HAPPY: In part.
COMMISSIONER BALDWIN: I understand. I understand.
You take a deep breath and let me talk just for a minute.
MR. HAPPY: Okay.
COMMISSIONER BALDWIN: It says in here that -- or at
least I read it to say the entire 100 acres of the Naylor
Ranch has been determined to be eligible --
MR. HAPPY: Yes.
COMMISSIONER BALDWIN: -- for inclusion in the
National Register. And then in this other book you've
provided, the Texas Historical Commission says, "We currently
have no authority to comment." It -- are you designated or
are you not designated?
MR. HAPPY: The federal law and even your own order
includes properties that are eligible for inclusion in the
National Register as protected under Section 106.
COMMISSIONER BALDWIN: I see.
MR. HAPPY: So that isn't really germane.
COMMISSIONER BALDWIN: Personally, I think the least
that we need to do today is wait on those other agencies to
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see if they have any authority or if they have an answer one
way or the other.
COMMISSIONER WILLIAMS: Based on what the -- I'm
sorry, Judge. But based on what the County Attorney might
say, I -- I tend to agree with you that any -- any continuing
activity should be deferred until all this review is
completed --
COMMISSIONER BALDWIN: Correct.
COMMISSIONER WILLIAMS: -- and that information is
brought back to this Court.
JUDGE TINLEY: Okay. I was going to mention that
I -- our legal adviser is the County Attorney, and there are
obviously many legal issues involved here, both state,
federal, local. We got the whole mix of it, and we're obliged
to rely upon his guidance and his opinions. And it occurs to
me that, while an order may have been issued, because of the
section that we have here, that we need to get the County
Attorney's guidance on these items. But pending that guidance
and a decision by this Court based on that guidance, possibly
we should suspend or defer, as Commissioner Williams used, the
ability of the permittee to continue any operations under that
permit until that decision is made. Does that seem like an
appropriate --
MR. HAPPY: I think it is, and I'll be happy to sit
down with the County Attorney and go through these statutes
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and regulations, fill him in in more detail on what my --
COMMISSIONER WILLIAMS: Let me see if I can frame an
order, Judge. I would move that the permit in question, as
referenced in Mr. Happy's appeal, be suspended -- or deferred,
but "suspended" I think is a better term -- until the County
Attorney has had an opportunity to review everything and all
other agencies who have any overview have submitted their
findings in writing back to this Court.
COMMISSIONER LETZ: I'll second, but I have a
comment and a modification.
JUDGE TINLEY: Okay. We have a motion and second as
indicated. Any questions? Discussion? Comments?
COMMISSIONER LETZ: Comment. I think my preference
would be that the permit meet all requirements of our order
that was passed in 2000. That's what we're doing. I mean,
that is the -- our order refers to state and federal and
everything else. I think it just needs to be in full
compliance with the court order that we have adopted
previously, whatever the date was in 2000, as opposed to
leaving it "all other agencies" type thing. I think there
needs to be a focus on it. The other point I wanted to make
is that I want to make sure that we go through this one time.
And I think we need to look at it -- you know, and to me, the
issue is, are they going to -- and they need to comply with
our court order. Mr. Happy's also brought up a bit about the
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land use -- and that wasn't the term he used; that's how I
heard it -- and my view is that we have no authority to get
into that issue. The City of Kerrville may have some ability.
The airport may have some ability to do it; I don't know. But
we -- whether we like or don't like how property is being used
is not within our purview of making decisions. So, I just
want to make it real clear to Mr. Happy that, you know, I
agree with compliance with our court order that we've adopted,
but I can't make the jump that we have the ability to deny a
permit based on how we think the land should be used, 'cause I
don't think that we do have that authority in as broad a
range.
COMMISSIONER WILLIAMS: We maybe have some concerns
about it, but that's within the purview of the City, for
example, the ETJ and whatever their land use ordinances are.
I would -- I would alter that from all to any that have
appropriate review authority.
COMMISSIONER LETZ: Per our permit -- per our court
order?
COMMISSIONER WILLIAMS: As per our court order of
2000.
MR. SCOGLAND: Could I speak?
JUDGE TINLEY: Before we get too far, yeah, I was
going to indicate that we have a couple of participation forms
that have been filed, and I want to recognize those
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individuals and give them an opportunity to be heard. The
first one that was tendered to me was by Mr. John Scogland,
indicating he's with Martin Marietta Materials. Mr. Scogland,
is that you, sir?
MR. SCOGLAND: Yes, sir.
JUDGE TINLEY: Please feel forward to come -- feel
free to come forward, and -- and please give us your name and
address and tell us what's on your mind.
MR. SCOGLAND: My name is John Scogland. I'm with
Martin Marietta Materials. My office is in San Antonio,
IH-10. I'd just like to respond; I'll be very brief. I
understand the Commissioners Court's concerns. No one wants
to act illegally or unlawfully or in contravention to any law.
We don't, and I don't think any other large responsible
company operates that way now, either. I understand your
desire to get the opinion from the County Attorney. We
believe that everything has been done properly, that Mr. Odom
acted properly, that he followed all applicable laws and
regulations. But we're a responsible citizen, and we agree
that if there's a question, it ought to be answered, and we
agree that we will stop until that is answered. We hope that
that can be done expeditiously.
I mean, we're fully prepared to cooperate. We're
willing to let anybody come out on our site. We're willing to
do anything that we can to expedite this investigation of what
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our operation and our employees are obviously impacted by
that, and if everything has been done correctly, as we suspect
or we believe, we would like that resolved as soon as we can.
JUDGE TINLEY: Thank you, sir. Feel free to provide
wish to Mr. Emerson, our County Attorney. Certainly, I --
Mr. Happy indicated he was going to do likewise. You
certainly have that privilege to do so also, and I think that
will expedite the process by those having an interest in this
matter to provide that information to our County Attorney. I
think that will make things more helpful.
MR. SCOGLAND: We have one other person who -- the
it's at ground level, so it won't impact the flow of water or
anything else. But that's all he will really say. If you
would like to hear that, we can call him and have him speak,
or if not, we won't take up any more of your time.
JUDGE TINLEY: That's Mr. Motheral?
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MR. SCOGLAND: Yes, sir.
JUDGE TINLEY: Okay. Well, he also has filed a
participation form, and if you're through with your remarks,
I'm going to give him the opportunity to be heard, if he
wishes.
MR. SCOGLAND: Okay.
MR. MOTHERAL: Thank you, gentlemen. Appreciate
being here this morning. What we did out there is just -- as
you have heard, we did not want to adversely affect in any way
the -- what might be in the floodplain areas, so we designed
that haul road to have -- make no essential change to the
ground. Take out the topsoil, put in the material, end up at
the same level, so that you do not affect the floodplain, and
that's basically what we have designed.
JUDGE TINLEY: Any questions for Mr. Motheral?
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Thank you, sir. Appreciate your
input. Any other questions or discussion on the motion before
the Court? 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. Thank you,
gentlemen. We appreciate your interest. We're a little bit
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appropriate action to authorize the inclusion of the
feasibility analysis for regional water and wastewater
services for Center Point and eastern Kerr County in
application to the Texas Water Development Board for grant
funding consideration under the Economically Disadvantaged
Area Program or other grant programs, and to other agencies as
may be appropriate. Commissioner Williams.
COMMISSIONER WILLIAMS: Thank you, Judge. Just a
word of background for the benefit of those who are in the
audience, and also for the benefit of my colleague,
Commissioner Oehler, who was not on the court when this began.
We're a good 18 months deep into this project already, in that
we -- we began thinking about and planning for a grant
application to the Texas Water Development Board to do exactly
where we are -- what we're presenting to you today, which is a
preliminary engineering and feasibility of a wastewater
collection system for the Center Point area. In doing so, I
would -- I would recognize that the folks at Tetra Tech did a
good bit of that preliminary work pro Bono. And at the tail
end of that -- of that work, there ended up being an
application to the Texas Water Development Board.
I believe Commissioners Court funded up to $5,000 to
finish that work, all of which then was sent to the Texas
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the purposes of doing this wastewater feasibility study and
preliminary engineering. The Court will remember that the
Water Development Board granted our application, looked
favorably upon it, and agreed to participate with 50 percent
funding given to Kerr County for the purpose of this study.
The other 50 percent put up by -- as a match by the Upper
Guadalupe River Authority, and hence the study.
So, with that bit of background in terms of where we
are some 18 months later, we have the wastewater -- water and
wastewater study, and we're are presenting it to you today, so
that if the Court chooses and wishes and pleases, we can go
forward. And with that, we'll start with Mr. Groves, who will
of R.B.C. Finances, and Tom Spurgeon, who has been our bond
counsel for many years. Mr. Groves?
MR. GROVES: Thank you, Commissioner. Judge,
members of the Court, good morning. Beautiful morning to be
in Kerrville. I'm out of San Antonio with Tetra Tech. As a
brief aside to that, I've operated Groves and Associates for,
oh, 90 years in San Antonio; became part of Tetra Tech about
five years ago. We're not new to the area. The -- the
proposed sewer collection and treatment system for what we
said, Center Point and eastern Kerr County -- next slide
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Point, it will serve a lot of -- a lot of purposes. The
septic tanks have become a problem for groundwater. They've
also become something of a health hazard. They also have
required very light density within the city -- or within the
community. With the installation of the sewer lines, the
density	could be increased.	The	benefits to	the community
would be	significant. So --	go	to the next	slide, please.
What we've shown here is the area -- let me step over here.
The -- the area of the -- of the preliminary collection system
would be the central part of the community. But the service
area would be carried out as shown by this black line, and
I'll get into detail on that shortly. All of this --
COMMISSIONER WILLIAMS: What you have on the screen
is also the first map in your handout.
MR. GROVES: All of the flow from this area here
would come to a lift station, which would be right in this
area. Now, that lift station has the ability to either go to
Comfort, to have treatment from Comfort, or to pump from here
up to Kerrville, have treatment in Kerrville. So, we've
analyzed both situations, Kerrville or Comfort. You can go to
the next slide, please. The collections system alone within
the community is -- preliminary cost estimates, probable cost
is $5,588,000. You can go to the next slide, please. The
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The problem with this routing is that that would all be a
pressure main going from that lift station all the way back to
the airport in Kerrville. Now, a pressure main cannot be tied
into for service to other areas. So, -- go to the next slide,
please -- the	cost	estimate for that transmission	system is
$2,609,500.	Now,	-- next slide, please -- if you	combine both
of these, you	come	up with a total of $10,697,500	for the
collection sy	stem	within the community, and the pu	mping --
woops, excuse	me -	- the pumping of that back to Kerrville.
Go	to th	e next slide, please. Now, the	alternative
for that was to come from here down to Comfort with a gravity
main, which a gravity line that could be put in there would
provide the opportunity to connect all the area between Center
Point and Comfort into the system. So, it becomes more of a
regional -- regional system, which is what the Water
Development Board would prefer. Also, we talked to Comfort
about treatment. Their -- their preliminary evaluation of
treatment was much more favorable than the evaluation we got
from Kerrville. Kerrville would require a meter up where we
tied into their system, and they would charge for every --
every 1,000 gallons that went through that meter, and they
would charge at one and a half times the rate that's within
the city at the present time. Comfort has said that they will
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establish a rate based on water usage, so many dollars per
thousand gallons of water used, and that that rate would be
applied to the -- to the flow from Comfort. They've also said
that they would -- there is a -- there is a connection fee,
which both -- both areas would charge, of $750, I believe it
was. But Comfort says they would be willing to split that --
this is in council now; it's not anything firm, but they said
they would be willing to split that connection fee with the
water system that was operating -- sewer system operating in
Comfort. So, there were a couple advantages to that. The
disadvantage is, it's a lot longer line from Center Point to
Comfort. Next slide, please.
COMMISSIONER BALDWIN: Mr. Groves?
MR. GROVES: Yes?
COMMISSIONER BALDWIN: Before you get too far, I
just want to make clear what I heard you say. So, in order to
get it from Center Point to Kerrville, you use pressure?
MR. GROVES: Yes, sir, 'cause it's coming uphill.
COMMISSIONER BALDWIN: It's uphill. And because
of that pressure line, you cannot tie other homes or
businesses --
MR. GROVES: No.
COMMISSIONER BALDWIN: -- into that?
MR. GROVES: You cannot.
COMMISSIONER BALDWIN: But going to Comfort is
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gravity flow, and you can tie in?
MR. GROVES: You can tie in.
COMMISSIONER BALDWIN: Okay.
MR. GROVES: Any of the areas that will drain into
it, which is -- if you want to back up --
COMMISSIONER WILLZAMS: You threw our operator a
curveball here.
COMMISSIONER BALDWIN: That's easy to do.
MR. GROVES: If you notice the black lines which I
talked about there, -- i
COMMISSIONER BALDWIN: Yes, sir. ~
MR. GROVES: -- you can see the extent of that area
in here. It would go up to -- basically, up to where the
elevation of 1600 is in here. It could go higher for sewer.
The 1600 was based on the water, and I'll get into that in
just a moment. But, at any rate, there's a significant area
of existing homes and future homes -- future development that
~ could be served between Center Point and Comfort.
~ COMMISSIONER BALDWIN: And one other thing, if you
don't mind. The connection between this line and the city of
Kerrville requires a meter, and I understand that.
MR. GROVES: Yes, sir.
COMMISSIONER BALDWIN: But they plan on charging
time and a half?
MR. GROVES: Time and a half, and it -- it's for the
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amount of flow. And that sometimes is significant in sewer,
because you have the flow from the -- from the house or the
unit. You also have some infiltration, you have some other
things. So, if we're metered by the amount of water that goes
through there, you're picking up all of the flow. If you're
paying so much a thousand for the water that you use, it -- it
makes it easier to collect and makes it easier to bill. I
don't know exactly how we would bill people on the basis of
the flow going into Kerrville. I guess we'd have to take it
and redistribute it some way.
COMMISSIONER WILLIAMS: The -- I believe by
ordinance, the City of Kerrville charges 1.5 times the current
in-city rate for any service extended beyond their corporate
limits.
COMMISSIONER BALDWIN: Thank you very much for that
explanation.
MR. GROVES: Yes, sir. Okay. Go to the next slide,
please. The -- the Alternate B -- remember, the collection
system is the same for either -- either system. The Alternate
B was $4,348,500.
(Projector light started flickering.)
SHERIFF HIERHOLZER: Don't ask me.
COMMISSIONER BALDWIN: Rusty?
SHERIFF HIERHOLZER: I think our bulb's fixing to --
MR. GROVES: I'll hurry.
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COMMISSIONER OEHLER: Yeah.
SHERIFF HIERHOLZER: Let me reset it. It's punk
rock time, Buster.
COMMISSIONER WILLIAMS: Keep talking off your thing,
Al. Do you need one?
MR. GROVES: Yes, please.
COMMISSIONER WILLIAMS: Where's -- where's the I.T.
guy when you need him?
MR. GROVES: Okay. The -- the significance -- well,
there's one more slide that would be significant, anyway. If
you take a -- a wastewater system with the Alternate B direct
flow to Comfort, the total is 12 million, 365. The --
total -- the total -- what is that?
COMMISSIONER WILLIAMS: Total Kerrville?
MR. GROVES: Total Kerrville was --
COMMISSIONER LETZ; 10,609.
COMMISSIONER WILLIAMS: Ten, six.
COMMISSIONER OEHLER: Ten plus.
MR. GROVES: So, it's about $2 million more. But --
that's all right. I think, Sheriff, we've got -- I think
we've got enough. You have all of this in this document. You
can look at it as you desire. But our recommendation is --
and i think the Water Development Board recommendation would
be to go with the connection to Comfort, because they're --
they're real interested in something regional, and this wou]d
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make it truly a regional system.
COMMISSIONER WILLIAMS: Mr. Groves, while we're
here -- because the book contains another element, while we're
not going to be the proposer or proponent -- proposer of the
water system services, your firm did do a water analysis?
MR. GROVES: Yes, sir. I was going to go into that ~
I with --
COMMISSIONER WILLIAMS: Would you please?
MR. GROVES: And I don't know whether we've got the
I.T. back on or not. But --
SHERIFF HIERHOLZER: Not yet.
I
MR. GROVES: Not yet. The -- O.G.R.A. was desirous
of looking at making this a regional water and wastewater
program, and so we've looked at the possibility of developing
a water treatment plant in Center Point on the high bank of
the river just upstream from the dam, and this would be a
water treatment plant that would serve that whole community
and have the capacity to be extended outside. There's not a
reason to extend it outside of the community at this time, but
it would -- it could be extended to anything, you know, in the
region. The restrictions -- restriction of the forced main
going to Kerrville would not apply to the water, because the
water is a pressure, so it could go both ways. It could go to
-- towards Kerrville or towards Comfort.
The -- the distribution system -- well, T need to
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use the book. Could I borrow yours? Thank you. The -- the
The initial -- initial
The water
distribution system within the community would be $1,527,200,
so the total construction would -- with planning design and so
forth is $4,377,200. And that -- these items in here, if --
if the Water Development Board approves them, and if there`s
grant money available, would be at probably a 50 percent
grant. Planning, design, and acquisition, they'd pay 100
percent, but for construction it's 50 percent. And if you --
if you have a finding of -- of health hazard, it can go up
from there, so we don't know.
But the -- the Water Development Board is accepting
applications for the EDAP grant at this time, and they have --
they have a chunk of money, but there's a lot of people after
it. So, you have to -- but once they -- once they do put out
all of the money that they have at this time, they usually get
refunded for some more. We've just completed a big project
in -- or are completing $105 million worth of work down in
Maverick County, Eagle Pass, which has created a water and
regional wastewater program down there that serves 97 percent
of the county, so that's been a major improvement.
COMMISSIONER LETZ: Couple of other things I wanted
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I see Ray Buck, General Manager of
U.G.R.A., is here today. I don't know if he wants to say
anything or not about this, but the -- it's not a coincidence
this water thing's coming up right now. This goes right in
with the -- I think, we're all aware of the work that the
U.G.R.A. recently had a bill carried by Representative
Hilderbran which extended or removed a clause off their
permit,	which was	2,000	acre	feet,	plus or minus,	right	now.
And it'	s become -	- you	know,	it's	a -- a fact, I	think,	that
eastern	Kerr	County has	some	water	issues,	groundwater	issues.
Comfort	does.	Comfort	does.	Some	of their	wells are -	- I
forget	the --	radium?	I think there'	s radium	in some of	their
wells,	fairly	high.	That's causing a	problem.	Falling	Water
would be one of the subdivisions in line for that.
And getting a water distribution system in eastern
Kerr County, I think, is very important. Wastewater as well,
but water, being able to piggy-back the two, and they do go
hand-in-hand generally from a connection standpoint, and from
a distribution system, even though they are separate projects.
I think it's very important. And, you know, I think it'll be
-- to get that much of eastern Kerr County off of groundwater
is good for the entire county and the entire region, going
into Bandera and Kendall County as well, much as the city of
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that. So, I think that it's -- this is a -- really, a
tremendous opportunity to be looking at it, if we can figure
out how to pay the bill.
COMMISSIONER WILLIAMS: Adding on to what you said,
Commissioner, thank you. I see Ray out there, and General
Schellhase is out there. If I am correct, you're meeting on
the 21st to discuss this water part of this particular
proposal, and to discuss the participation of U.G.R.A., as it
has with the County in Kerrville South, and see how they can
move forward. So, we'll be prepared to meet with them on the
21st. I believe you have a board meeting on the 23rd. The
Authority people as well. If we don't have any other
questions for Al at this point in terms of both the wastewater
component and the water component, I think probably what we
need to hear Wert is, how do we get the money? We've got our
number-one money guru here, Mr. Henderson, and the guy who
keeps him honest, Mr. Spurgeon, so we're going to hear from
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them in terms of how we might proceed going forward with the
Texas Water Development Board.
Just one other footnote. The way I styled the
agenda item was to give the Court the latitude to go in any
direction where the pots'of money might be. Principally, I
think, and primarily, the one we would favor -- the approach
we would favor would be the Texas Water Development Board.
They have a vested interest thus far in this project. They've
expressed interest in this project, and I think that's where
we should go first. There are other funds out there in
addition to the O.S.D.A.-R.O.S. which we could also examine.
There are colonias moneys, which we have used in the past in
the Kerrville South project. There are C.D.B.G, block grant
dollars available for projects such as this, which we have
used in the past, and we would not want to not ]ook at any of
those. In fact, we would want to look at any or all of them
to help us. With that, Bob, would you pick it up at this
point?
COMMISSIONER BALDWIN: Let me ask a question while
Bob's on his way up there. Thank you. I heard that it was a
4-point-something million dollar project, and that grants
available are about 50 percent, so we're talking about coming
up with about $2 million?
COMMISSIONER WILLIAMS: I think that's a little
premature, and I think Bob's going to shed some light on that.
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course, there's the revenue side of the -- the equation. So,
I'll -- Bob's going to explain a good bit of that for us right
now, Commissioner. Hopefully.
MR. HENDERSON: I will. Commissioner, thank you.
For the record, my name is Robert Henderson. I'm manager of
R.B.G. Capital Markets, and I have had the pleasure and the
honor for almost 20 years of assisting Kerr Comity with its
capital financing needs. I've also had the honor and pleasure
of working with Mr. Tom Spurgeon of McCall, Parkhurst, and
Horton in the same vein. I like to joke that I practice law
often without a license, but as Commissioner Williams points
out, Mr. Spurgeon helps keep me honest by not being shy in
pointing out where I'm wrong. Before I get started, I would
like to take a moment to congratulate Commissioner Williams.
You know, I do a lot of work -- I've been blessed with about
95 financial advisory clients, mostly cities and schools. I
have about 15 county government clients. It's very unusual to
see a county government take on this type of project, and the
reason is that you don't have a school superintendent or a
business manager, you don't have a city manager or a director
of finance to help marshal all the work that has to be done.
So, Kerr County is blessed to have Commissioner Williams go
above and beyond the normal role of a county commissioner to
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-- to shepherd this process. So, I think it's great that this
has happened this way.
COMMISSIONER LETZ: "Blessed" might be a little bit
strong, but... (Laughter.)
MR. HENDERSON: I'll leave that to your discretion.
COMMISSIONER BALDWIN: Thank you.
MR. HENDERSON: Commissioner Williams did ask me to
provide a disk for our I,T. display. I failed to do that.
SHERIFF HIERHOLZER: Thank goodness.
MR. HENDERSON: I guarantee you, the presentation I
just handed out will not flicker on you. You'l] be able to
read it clearly. This is really just kind of a series of
bullet points to talk about some of the issues that are
pertinent to moving the process forward. On Page 1, I just
highlight the four major areas I'm going to discuss; legal
issues, financing issues, operational issues, and then a
timeline to act. Mr. Spurgeon has done a little bit of
research on these issues, and he will be tag-teaming with me
and jumping in as is required. Under the -- the subject of
legal issues, now, the first question that has to be addressed
is who has jurisdiction to act out there? We know that the
city of Center Point -- unincorporated, so there is no city
government out there. There's an existing W.C. & i.D.
However, Mr. Spurgeon, in visiting with T.C.E.Q, -- and I'll
I
let him address it if he feels the need -- has identified that
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W.C. & I.D., but understands that it's defunct.
MR. SPURGEON: That apparently seems to be the case.
T.C.E.Q. folks said they have -- they're not aware of any
activity from them at all. We did find a statute originally
passed in '61 and amended in '73.
COMMISSIONER WILLIAMS: '73, I believe. We can
either get into it now, combining with what we know, or we can
defer later, but you and I both have some information on the
topic.
~ MR. SPURGEON: Right.
~ MR. HENDERSON: We know there are existing water
systems out in that area that are providing retail water
services. I think there are five systems with three
independent owners. As Mr. Groves just addressed, though, in
his presentation, what the U.G.R.A. would be considering in i
terms of the water portion of this project is really wholesale
distribution to those -- those retail systems. We need to
talk about the authority of Kerr County to fund and operate.
Kerr County does have the authority, under Local Government
Code, to own and operate a sewer system out there. The
code -- and, again, this is where I get to practice law
without a license. The code seems to indicate that there
would be primarily authority to issue revenue bonds. There's
a specific prohibition against voter general obligation bonds.
It is unclear as to whether or not the County would have the
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authority to issue certificates of obligation.
Now, having said that -- well, I tell you what, I'm
And,
interestingly -- and the grant ratios. And, interestingly,
the decision that you make, whether or not you go the gravity
line to Comfort or forced main to -- to Kerrville, and then
the authority of U.G.R.A. also to fund and operate, and then
mainly tax issues. And the only reason I mention tax issues
is that, with respect to the U.G.R.A.'s portion of the
project, which, because they would be providing wholesale
water to privately-owned water distribution systems, there
could be an issue of Federal tax law as to whether or not any
that get issued for that purpose would be tax-exempt or would
be borrowed at taxable rates.
I've had a conversation with Luis Farias at the
that problem, Sut he confirmed what I learned just last week
with respect to another client, City of Rio Grande City, is
that under the Disadvantaged Clean Water -- I'm sorry,
Disadvantaged Drinking Water State Revolving Fund program, we
were able to get City of Rio Grande City a 4.2 percent
interest rate, even on a taxable basis. 50, Mr. Buck and I
spoke about that very briefly last week. So, even if we do
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federal government, on Clean Water Act, is subsidizing the
state's revolving fund program. So, a long, complicated
explanation, but we can still get very attractive interest
The next issue, getting to Commissioner Baldwin's
question, sources of funds. As Commissioner Williams
discussed with respect to the resolution of Texas Water
Development Board assistance, we are requesting for the
economically distressed areas a program known as EDAP. There
are other grants that could be available; O.R.C.A., C.D.B.G.,
et cetera, and then finally local debt issues. A local debt
issue could be supported, and we expect it to be supported by
system revenues and potentially local taxes. But, again, I
had a conversation with Luis Farias from Water Development
Board, and I shared with him an experience I had with Hudspeth
County W.C. & I.D. Number 1, as well as the town of Coombs.
The EDAP program is a grant-loan program, and how
they establish the value, the percentage of grant to loan, in
the examples I just cited has to do with what is called the
capital cost component of a water structure. In other words,
Water Development Board would look at what they deem to be an
appropriate sewer rate project as -- sewer rate structure as
applies to Kerr County's project, and determine from that
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cost -- say the sewer bill is $10 a month, just to give you an
example. They're going to look at that $10 a month and say,
"Okay, how much of that is for debt service, and how much of
that is for operational cost to run your system?" So, the
portion as related to debt service -- let's call it $2 --
that's called the capital cost component. The Water
Development Board would actually -- once they've approved the
overall project, would actually base the grant and loan ratios
on what debt could be serviced from that capital cost
component. We know we got 400 water connections out there.
If the number were $2 per month, looking at a composite of
comparable systems, you'd simply take 200 times 400 times 12,
and whatever debt service that figure would support would be
how much debt the Water Development Board would expect Kerr
County to incur, and they would expect to put up the balance
as grant money.
What that means, interesting]y enough -- and I hate
to get too far ahead of myself here, because we haven't made
the application to Water Development Board yet, but what that
could mean is that if the Water Development Board, as
Mr. Groves had indicated is generally their preference,
chooses to direct this project -- or to approve this project
with the gravity line to Comfort, the additional cost of about
$1,735,000 could actually be picked up by the Water
Development Board grant, because your capital cost component
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would not change. In other words, there's a very good
possibility it wouldn't cost this county a dime extra to take
the more expensive Comfort route than it would be to take the
Kerr County route. So, we like that.
Now, as we skip down to the second part, where it
talks about O.R.C.A., C.D.B.G. grants and so forth, we
certainly want to be aware of any other grant opportunities,
any other funding opportunities that you have. But, again,
because of the way the EDAP program works, which is based on
local participation through the capital cost component,
getting C.D.B.G, grants, interestingly enough, may not provide
any additional benefit to the county. In other words, your --
your cost is going to be -- or your loan amount is going to be
based on what your capital cost component is times the number
of your connections, and you cannot reduce that by going out
and getting third-party grants, or even, in fact, making a
cash contribution.
COMMISSIONER WILLIAMS: Question at this point, if
MR. HENDERSON: Yes, sir?
COMMISSIONER WILLIAMS: Assuming that -- if the
in its entirety, that would include, then, the components of
hooking up the residences and/or the business to the sewer
line?
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MR. HENDERSON: Well, no. Those -- that's a cost
outside of our -- our project here. There are going to be
some costs to hook up people. There are a number of programs
through, like you said, the Colonias program, where we could
get additional capital --
COMMISSIONER WILLIAMS: Okay.
MR. HENDERSON: -- to actually hook up the
residences to the system. But those grants and programs would
be applicable to costs that are not identified in the 12
million. I
COMMISSIONER WILLIAMS: That's what I wanted to hear
you say. Thank you.
MR. HENDERSON: Yes, sir. So, having said that,
now, we want to hold open the possibility, because there is
kind of a conflict in the water -- when the Water Development
Board acts, they prefer to have a certificate of obligation
pledged; that's kind of their default position, which would
ostensibly require the security of an ad valorem property tax.
I would not anticipate that we would need to do that. As
Mr. Spurgeon had pointed out, it's not even clear from the
statutes that the County would have the authority to issue
C.O.'s for this project. You clearly have the authority to i
issue revenue bonds. I've discussed that issue with the
finance officer at the Water Development Board, and if that's
all the County has in terms of authority, I think that's going
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to be acceptable to the Water Development Board.
COMMISSIONER BALDWIN: So, do we have the authority
to issue C.O.'s on this type of project or do we not? He said
both ways. You got -- you got -- he's practicing law now.
MR. SPURGEON: But I actually think he is sort of --
he is saying that we're not sure. And I'll tell you the
reason why we're not sure, is that the statute under which you
have the authority to have a water and sewer system and to
finance the system says that you can do so with revenue bonds,
but you can't do it with general obligation bonds. Now, the
-- of course, the other statute, when you've issued C.O.'s
before, that authorizes you to issue certificates of
obligation for essentially any -- any public work of the
county. This would be considered a public work of the county,
and you can pledge ad valorem taxes for that along with a
revenue pledge. And, typically, you'd think that would be
okay. My concern is that the A.G. -- we have not talked with
the A.G. about this yet, but the concern is, because the
statute under which your authority to have a sewer system is
very specific about not issuing revenue bonds, my concern is
the --
MR. HENDERSON: No, not revenue bonds.
MR. SPURGEON: Not -- issuinq general obligation
bonds, even with a vote -- doesn't even say you can even vote
on those things. My concern is that the A.G. may say, I'm
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sorry, that your specific statute will trump the C.O. act.
I'm not sure how it will come to that, and so his -- his
statement about we're just not sure is correct. We really
aren't. And we'll proceed to talk with the A.G.'s office
~ about that, see if we can get an answer from them pretty
quick.
JUDGE TINLEY: Essentially, C.O.'s, unless otherwise
specified, are general obligations backed by county tax
revenue.
MR. SPURGEON: That's exactly right. Exactly, they
i are.
JUDGE TINLEY: It makes sense that they wouldn't
allow that.
MR. SPURGEON: Right, exactly. You know, that's my
concern, because of this other statute.
COMMISSIONER BALDWIN: And they're approved by this
Court's vote without going to the public for approval.
MR. HENDERSON: Well, that's correct, but what you
do is you give notice of the intent to issue, and you publish
that notice of intent in the local newspaper, which gives the
public the opportunity to have input should they desire to.
But -- but we'll discuss in just a moment the timetable of
events for making all this transpire. In our initial
application, it would be my recommendation that we style it as
straight revenue bonds, and if they require a tax security,
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we're going to -- we're going to make them come back and tell
us that, all right? And then it will get them involved in the
process of convincing the Attorney General's office whether or
not there's authority to do that.
COMMISSIONER LETZ: S see representatives from
U.G.R.A. back here, and we're talking now about the County
doing it. What about U.G.R.A. doing it?
MR. HENDERSON: Doing --
MS. BUCK: That's a question for Walter.
MR. SCHELLHASE: Thanks.
COMMISSIONER LETZ: As a potential for you to
operate the system.
MR. SCHELLHASE: We have the authority to do it.
COMMISSIONER LETZ: Do you have the interest in
doing it?
MR. SCHELLHASE: We have the interest in doing it.
COMMISSIONER WILLIAMS: Well, I think the
application has to come from one group or the other. Isn't
that what we determined?
MR. HENDERSON; Well, I think we're probably
actually looking at two applications, if we're -- we're
looking at a sewer project, and this is really the
determination of the Court this morning. We're looking at a
I
sewer project which would anticipate submitting an application
on behalf of Kerr County for, and then separately, a water
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project, which we would submit under the auspices of
U.G.R.A.'s application, so you'd have two different
applications for two different projects,
COMMISSIONER LETZ: Could they -- but if Kerr County
and U.G.R.A. could come to an agreement, could that be
it switched, be all U. G.R.A. in the future? Or once the
application is in, is it --
MR. HENDERSON: Well, now we're getting into law and
politics. I think, as -- as a legal matter -- again, I like
to practice law without a license. As a legal matter,
certainly, U.G.R.A. has the authority to undertake both the
water project and the sewer project, so they could do both if
they wanted to, and we could submit a single application for
both sides of the -- of the equation. It would not involve
Kerr County at that point, because you can't have one bond
issue with two different governmental names on them.
COMMISSIONER LETZ: Okay.
MR. HENDERSON: So I think, legally, the U.G.R.A.
could do the whole thing if they wanted to. I'll let the
U.G.R.A, representatives speak to the other issue.
MR. SCHELLHASE: What was the other issue?
I
MR. HENDERSON: Political. Do you want to do that? i
MR. SCHELLHASE: Yeah. U.G.R.A. has -- part of our
strategic plan is that we're going to do water, for sure. The
County has done the sewer in Kerrville South, which we did
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jointly, and has now been turned over to U.G.R.A. for
i operational ownership purposes. We don't see any reason the
same thing could not be done on the sewer.
COMMISSIONER LETZ: And then my recollection of
Kerrville South is y'all helped fund it; y'all helped -- you
helped in the funding as well of the sewer side?
COMMISSIONER WILLIAMS: They put up some match
~ money.
MR. SCHELLHASE: There's going to be a workshop on
next Monday.
COMMISSIONER LETZ: So it's on the table. It's on
the table, hopefully, for discussion. Okay.
MR. HENDERSON: Well, let me comment, because we had
a meeting with the General and Mr. Buck and Commissioner and
myself last week. And, again, I've spoken with the Water
Development Board since then. My sense of it -- and please
don't let me put words in your mouth -- is that the concern
about having the sewer project separated from the water
project and undertaken by the County has to do with the
potentia]ity that the revenues may not be sufficient to meet
the debt service on the debt. Now, since that point in time,
in visiting with Mr. Farias at the Water Development Board and
reconfirming his position and my previous understanding that ~
the debt portion would be a function of local capital cost
component, that could eliminate the issue of whether or not
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And -- and that being the case, it may be more palatable to
the water -- I mean to the U.G.R.A. to go ahead and do both
projects, if -- if that was the collective wisdom of both
COMMISSIONER LETZ: Is there a down side for the
where the County could do it, and --
MR. HENDERSON: Well, when we get to the next page,
I talked a little bit about operational issues and interlocal
agreements; however, that's not going to answer your question
specifically. Probably what I need to do, and I will do
before the 21st, is communicate back with Water Development
Board and put the question to them, "If Kerr County were to be
the sponsor of the application for the sewer project for
purposes of our May 30th deadline, could we hand off that
application to U.G.R.A. later, or would that require a whole
new application, starting the timeline all over again?" I
need to put that question to Texas Water Development Board.
JUDGE TINLEY: Mr. Henderson, our court reporter
needs to take a break here, and we're running past time. I'm
advised that this is going to be going on for another 15
minutes or so, so I want to give her a break. So, why don't
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we take a recess for about 15 minutes, and we'll come back and
resume this matter. I hate to cut you off midstream, but --
MR. HENDERSON: Well, I talk fast, and I have that
problem with a lot of court reporters.
JUDGE TINLEY: That makes her work harder and gets
her more tired as you go. So, we'll take about a 15-minute
recess.
(Recess taken from 10:44 a.m. to 11:05 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if we
might. We took a little bit longer break than what we
anticipated. I think we had Mr. Henderson, who is
sporadically practicing law without a license.
COMMISSIONER WILLIAMS: Whenever you're ready, you
can speak to it.
JUDGE TINLEY: If you'll go ahead and resume,
Mr. Henderson?
MR. HENDERSON: Yes, sir. Thank you, Judge. We
were just beginning to talk about some of the operational
issues. We were discussing just before the break the two
aspects of the project, one being sewer, one being water, and
from a mechanical standpoint, who might be the sponsor of each
as it's currently contemplated. Based on the conversations
that I had with Commissioner Williams and representatives of
the U.G.R.A. last week, that Kerr County would undertake the
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application for the sewer project, and that U.G.R.A. would be
undertaking the application for the water project. What would
need to happen in terms of operational issues, of course,
first of all, we'd have to treat the effluent. As explained
gravity flow main to Comfort, to have those entities treat the
effluent, so we'd have to have an interlocal agreement to
treat the effluent.
There would also have to be an interlocal agreement
between U.G.R.A. -- and probably interlocal's not the correct
legal term, since U.G.R.A. would be dealing with
privately-owned water supply corporations, but they'd have to
have wholesale water supply contracts with those private
distribution systems. There would also have to be probably an
interlocal agreement to operate and maintain the system
between U.G.R.A. and Kerr County, and what I'm referring to is
if the city -- I'm sorry, if Kerr County undertakes the
application and constructs the sewer plant, I'm guessing that
you're not going to want to actually operate it. You would
enter into an interlocal agreement with U.G.R.A. for them to
operate and maintain that system. At some point in time, when
debt has been released on the sewer system, you could then
look at issues pertaining to the ownership of that system, as
you did with Kerrville South project.
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COMMISSIONER BALDWIN: I have a question, but it's
Yes, sir.
COMMISSIONER BALDWIN: Now, what is the difference
in that and what they presently have right now?
MR. HENDERSON: My understanding -- Mr. Groves is
probably a better person to answer this, but my understanding
is those privately-owned water systems are primarily getting
their water from ground sources, and there is a problem with
the quality and the quantity of groundwater being available.
So, this project on the water side would be to provide a more
consistent and higher quality level of sources of water for
those water supply companies. U.G.R.A. would own and operate
that system and sell wholesale water to those independently
owned systems.
COMMISSIONER WILLIAMS: There's another element,
is not served by a public water system right now. You have
three C.N.N.'s in the hands of two water companies, two water
purveyors, and there is a large area that still has individual
wells and are not served by either of those two, so this would
give U.G.R.A. not only an opportunity to provide surface
water -- treated surface water to the independent operators;
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it would also give U.G.R.A. an opportunity to get a C.N.N. and
supply water directly to consumers in the areas that are not
served now. It would do something else, too. It would -- if
what can ultimately happen down -- down the road a piece would
be that those systems over there could end up being
consolidated with a water supply that would then -- then --
then promote and allow fire suppression, which is always a
problem. They rely on our -- on the volunteer fire
departments, who work tremendously hard to do their job, but
the issue is, in a major fire, they always run out of water.
Always.
COMMISSIONER BALDWIN: I want to get back to the
residential usage. So, you're talking about U.G.R.A. getting
surface water out of the river, --
COMMISSIONER WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: -- treating it, and then
providing it to individual homes. What happens to the present
water companies that make a living doing that today?
COMMISSIONER WILLIAMS: Well, they're going to do
two things. They're going to provide water on a wholesale
basis to those companies who, in turn, then retail it.
COMMISSIONER BALDWIN: I see.
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COMMISSIONER WILLIAMS: And --
COMMISSIONER BALDWIN: That's where the interlocal
agreement comes in.
COMMISSIONER WILLIAMS: And underserved areas. They
can go directly -- they can do both.
COMMISSIONER BALDWIN: Sorry.
MR. HENDERSON: That's quite all right. The last
bullet point has to do with contract for billing and
collection. I'm not going to try to get into all the nuances
here, but we understand, I'm sure, that there are provisions
under state law that would prevent -- and from an engineering
perspective, some practical issues that would prevent you from
actually turning off a sewer system. The way that sewer bills
are generally enforced is that the purveyors of the water
service say, "If you don't pay your sewer bill, we're turning
off your water." You can turn off water. You can't turn off
sewer. There's going to have to be some agreement with the
wholesale -- or the retail distribution water supply companies
over there for contracts for billing, because they're really
going to be the ones that will have the authority or the
leverage to collect.
Don't have any real great insight as to how we're
going to ultimately go about that. Obviously, if U.G.R.A.
enters into wholesale water supply contracts with those retail
distribution systems, there's some leverage there to -- to
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There are a number of other
were talking about one of them briefly during the break, which
has to do with state law requirements to compel connections to
sewer systems. There's activity there. There is going to be
a number of issues in terms of T.C.E.Q. permits for the -- the
sewer services, the C.N.N., and then the C.N.N.'s or the
unserved water areas, so there are going to be a lot of
different moving parts to this. But the primary thing that we
need to do is to -- to move forward with the application so
that we can lock up our place in line, if you will, with the
Water Development Board in terms of the EDAP moneys, and as
Kerr County and U.G.R.A. move forward, we can work out the --
the details of some of these other agreements. Before I get
on the timeline, are there any further questions?
COMMISSIONER WILLIAMS: Go ahead.
MR. HENDERSON: Hearing none, I'm going to turn to
the last page, which has to do with the timeline to act.
Today's the 14th. We've got Commissioners Court meeting, and
you're hearing a briefing on the project now. There's a
resolution on your agenda that Mr. Spurgeon will address in
more detail in just a moment that authorizes the application
to the Water Development Board for financial assistance. The
U.G.R.A. has a board workshop on the 21st, and then a board
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meeting on the 23rd, and we would hope and expect, at the
meeting on the 23rd, that they will likewise pass a resolution
authorizing the application to Water Development Board. In
visiting with Luis Farias, again, at Water Development Board,
when they group these EDAP applications, the moneys available
Applications are generally due before the first day of the
month, or you end up, you know, in a completely different
cycle with respect to Water Development Board meetings.
So, our goal and expectation would be to file
applications by May the 30th for both entities, and that would
put us in line for the July 17th Finance Committee meeting at
the Texas Water Development Board, and then the full board
meeting either that same day or the following day. What's
important to note is that this application will be for what
they call PAD; Planning, Acquisition, and Design funding. And
as was mentioned earlier, once the application has been
submitted, then we can go to the Health Department and ask for
certification of nuisance, which would hopefully allow us to
get a 100 percent grant on this first phase, which, again, is
the planning, acquisition, and design phase. Once that has
been completed, then we would have to make another application
for the actual construction funds. But by having approved the
PAD plan, the money is reserved for us, so it's not like
they're going to hold out the -- the grant money or the EDAP
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cost after the design work has been done. So, we would
anticipate, if all goes according to Hoyle, Water Development
Board approval on July 17th or 18th, and PAD funding possibly
as early as September.
COMMISSIONER LETZ: The -- two things, I guess. How
-- what are the chances of getting this funded by the Water
Development Board? Is this -- I mean, you mentioned --
started out by saying there's limited funds.
MR. HENDERSON: Well, there's limited funds in the
sense that there's communities all over the state that are
applying for this. In visiting with Mr. Groves, and he can
probably address it better than I can, there's already, as a
function of the work that's been funded by the Water
Development Board, been a study of the economic levels of the
community. There's sufficient low- to moderate-income housing
in that area now that would make us, you know, eligible for
EDAP money. We go in on a first-come, first-served basis. I
expect, to try to answer your question more precisely, that
there's a very good chance of us getting the funding. And I
say that because they've already funded the study; they've
already confirmed the level of low to moderate income, and
we're anticipating being among the first to submit full-blown
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Now, I will point out that -- and this is true for
Water Development Board assistance and submitting this
application in no way obligates Kerr County or O.G.R.A. to
move forward. This just takes us to the next step. By the
time that step is completed, we will know fairly well, fairly
precisely, what the grant/loan ratios are going to be under
the EDAP program, what the capital cost components would be to
the citizens that would be utilizing the system out in Center
Point and eastern Kerr County area. And the Commissioners
Court would then take definitive action to -- if it's so
desired, to actually approve the issuance of debt to complete
the financing.
COMMISSIONER LETZ: I guess the next thing would be,
are other resolutions helpful in getting this through Water
Development Board, or is it -- as an example, Headwaters,
Kendall County, Kendall W C. & I.D. I mean, does it -- do
they care about all that stuff?
MR. HENDERSON: I don't believe that they do. And,
I mean, I will -- I will ask the question, but I will tell
you, the Water Development Board is a great state organization
to work with. They -- they are probably as nonpolitical as
they come in terms of state agencies. You submit a complete
application on the deadline, the project's going to be, you
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know, approved or disapproved based on the merits of the
project -- program, and the guidelines that Water Development
Board sets out. I don't anticipate that -- that supportive
resolutions from other governmental entities would have an
impact on that at all. But what --
MR. SPURGEON: I'd agree with that.
COMMISSIONER WILLIAMS: One other quick point, Bob,
with respect to the timeline. We talk about May 30, getting
in line. I think there's another element to that. It was
revealed in discussions, I believe, that Mr. Groves and I had
had with the Water Development Board, they have some
unexpended funds from some project or two that hadn't -- just
didn't take wings, and if we're in before June 1, that would
be an unsolicited proposal.
MR. HENDERSON: Right.
COMMISSIONER WILLIAMS: I think beginning of June
is -- or sometime early in June, they're going to then start
soliciting proposals, and so it's important to get in in
advance of that, as you say, and get our deli ticket up early.
MR. HENDERSON: Yes, sir.
COMMISSIONER WILLIAMS: I think a lot of what needs
to be discussed with Mr. Spurgeon has to do with either the
old W.C. & I.D. or the resolution. And, Judge, we haven't
called the resolution; I'm not sure exactly how to do it, but
we need to take two actions. First of all would be to -- as
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agency to go out and acquire the funding to do a sewer
project, and once constructed, we have turned that project
over to them through -- for their ownership and operation.
And I think, for purposes of wastewater, that's a preferable
approach, I believe, leaving it to their devices and their --
their approvals or desire to go forward with water, and
hopefully the two can come together at the same time. So --
and I'm hoping that the Court will see it that way and
authorize us to proceed under the agenda item as styled,
Number 5, to move forward, and I would move approval of that
agenda item as styled in front of us.
COMMISSIONER BALDWIN: Okay, boy-dummy question
here. Exactly what is -- what is the agenda item?
COMMISSIONER WILLIAMS: Take appropriate action to
authorize the inclusion of this feasibility study, which you
saw and you have in front of you, Analysis for Regional
Water/Wastewater Services for Center Point, Eastern Kerr
County, and an application which has to have all these other
elements to Texas Water Development Board for grant funding
consideration, grant funding consideration under the
Economically Disadvantaged Area Program or any other grant
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programs that might be out there that we could go after.
COMMISSIONER BALDWIN: It's not -- I mean,
obviously, you're going after grant funding. It's not the
overall -- the State approving the concept plan or the program
itself?
COMMISSIONER WILLIAMS: If they -- if they look
favorably upon us, they will be approving this. Am I correct,
Bob? So that we can move forward to the next level -- for
funding for the next level of engineering and so forth.
MR. HENDERSON: That's correct. If they approve the
application, they will be approving the project as presented
from an engineering perspective, and providing the funding to
take it to the design level.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Second. Oops, sorry.
COMMISSIONER BALDWIN: And then you -- go ahead,
Judge, I'm sorry.
JUDGE TINLEY: We have a motion and a second.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Questions or comments?
COMMISSIONER BALDWIN: And then on May 30th is the
date that you present that to -- this actual document to the
State?
MR. HENDERSON: Yes, sir. That would -- that would
be the date that we submit the application to the Texas Water
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Development Board.
COMMISSIONER WILLIAMS: Or if we have it available
on the 28th or 29th, whatever.
MR. HENDERSON: My expectation is, quite honestly,
to have it prepared by the 23rd. And once the U.G.R.A. Board
has taken action and we -- and everything is settled, Kerr
County's is probably going to be submitted as early as the
23rd, and hopefully we can have U.G.R.A.'s in by the 28th or
i so.
COMMISSIONER WILLIAMS: The 30th is kind of an
outside date. We hope to be in there before then.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Any other questions or comments? Any
-- anything you wish to offer, Mr. Spurgeon, at this time with
regard to the areas of your concern?
MR. SPURGEON: Judge, the only thing is there's a
formal resolution that's required by Water Development Board
when you are requesting their financial assistance, and that's
what's -- there's a draft that we have. I've marked it up
slightly, just to make it a little more inclusive, as either
doing revenue bonds or certificates of obligation, and the
C.O. would be secured either with ad valorem taxes and/or
revenues. We still have that open question that we talked
about before during the meeting. So, I think what you have in
front of you is just -- again, the only change I've made is
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just to make reference to the possibility of issuing revenue
bonds -- or certificates of obligation, and the C.O.'s would
be possibly being secured either with ad valorem taxes and/or
revenues.
COMMISSIONER WILLIAMS: Which paragraph are you
talking about?
MR. SPURGEON: About the third recital,
Commissioner.
COMMISSIONER WILLIAMS: Third recital, okay.
MR. SPURGEON: And then I added in a couple places
in the fourth recital, reference to revenue bonds.
COMMISSIONER WILLIAMS: Also, under title up above,
I have "depressed." It should be "disadvantaged," right?
Economically Disadvantaged Area Program.
MR. SPURGEON: Right.
COMMISSIONER WILLIAMS: Not depressed.
MR. SPURGEON: Not depressed, right.
COMMISSIONER WILLIAMS: Disadvantaged.
MR. SPURGEON: Exactly.
COMMISSIONER WILLIAMS: We'll change that. We'll
redo it. It's on the computer; I can make the changes.
MR. SPURGEON: That's fine. But other than that,
what you have in front of you is -- is the form of the
resolution.
COMMISSIONER WILLIAMS: Okay.
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JUDGE TINLEY: The third recital reads, "...be
payable from a combination of ad valorem taxes levied within
the county with the limit provided by law and from the net
revenues generated from the project."
MR. SPURGEON: Judge, let me reread that, then, the
improvements (collectively, the Project) in part through the
issuance of a series of revenue bonds or certificates of
obligation issued by the County in the approximate principal
amount of $12,365,000, which will be payable from" -- and this
gets a little longer, so I'll give this to the Commissioner --
"payable from net revenues generated from the project (in the
case of revenue bonds), or ad valorem taxes levied within the
county with the limit provided by law, and/or from the net
revenues generated from the project (in the case of
certificates of obligation)." We have just a little bit
different security between those two. And the fourth recital
would read, "The County intends to issue such series of
revenue bonds or certificates of obligation and deliver such
bonds or certificates to the Texas Water Development Board to
finance the project." And everything else is the same.
JUDGE TINLEY: Your motion, Commissioner, does it
incorporate those particular changes in the resolution that's
before the Court?
COMMISSIONER WILLIAMS: Well, Judge, my motion deals
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with Item Number 5, and then we'll come back, and the next
item is the resolution. Unless you call them both at the same
time.
JUDGE TINLEY: Okay.
MR. SPURGEON: I apologize; I came too early.
COMMISSIONER WILLIAMS: That's okay.
JUDGE TINLEY: Your motion deals with the -- with
the application as stated, then?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Any further -- any further questions
or comments on the motion that's pending? All in favor --
COMMISSIONER BALDWIN: Wait, wait.
JUDGE TINLEY: Excuse me.
COMMISSIONER BALDWIN: I'm trying to figure out how
to say it. I understand revenue bonds. Certificates of
obligation, how much -- by adopting this resolution, how firm
is this as far as committing this County? Let's say -- let's
say that revenue bonds, for one reason or another, didn't work
out. Then are we -- are we firm and concrete that we're going
to issue C.O.'s?
JUDGE TINLEY: There's no commitment on behalf of
the County by any of the actions we take with regard to this
issue today. The issue of C.O.'s, according to my
understanding from Mr. Spurgeon, is we don't know whether
those are even permissible --
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COMMISSIONER BALDWIN: I understand.
JUDGE TINLEY: -- financing methods or not.
COMMISSIONER BALDWIN: Well, my question is, let's
pretend that the A.G. comes back and say yes, they can -- they
do have that authority. Then are we locked in?
JUDGE TINLEY: No.
COMMISSIONER LETZ: This is -- this is just an
application. Once -- we have to find --
COMMISSIONER WILLIAMS: Gets us to the next step.
COMMISSIONER LETZ: Yeah, to the next step. If the
application is approved by Water Development Board --
COMMISSIONER WILLIAMS: We got a couple more cracks
at it before we get to that point.
COMMISSIONER BALDWIN: I just wanted y'all to say
that on the record.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Yes, sir.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER WILLIAMS: You're welcome.
JUDGE TINLEY: You're getting a little picky in your
older age.
COMMISSIONER BALDWIN: It's that darn sugar.
JUDGE TINLEY: Okay. Any other questions or
comments? All in favor of the motion before the Court,
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. Let me call
Item 6 now, if we might. Consider, discuss, and take
appropriate action to adopt a resolution requesting Texas
Water Development Board assistance through grant funding for
the Center Point-slash-Eastern Kerr County wastewater
collection and transmission system. Now we're to the
resolution.
COMMISSIONER WILLIAMS: We are to the resolution,
and I'm asking Tom to come back up, just so everybody
understands what the changes will be, and that we're not
making any commitment for ad valorem taxes today.
MR. SPURGEON: That's correct.
COMMISSIONER WILLIAMS: We're including it in a
recital, but there's no commitment to issue any C.O.'s.
MR. SPURGEON: That's exactly right. As I think Bob
mentioned, the application sounds like you're going to
probably submit the application as if you're going to issue
revenue bonds. But if that comes back and where the Water
Development Board is looking for more, needs more, I think
this action would allow you to change that application to do
that, clearly understanding Commissioner Baldwin's concern
about whether the County's committed or not. County's not
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committed to be issuing certificates of obligation; obviously,
that's something that will come back. But it just, I think,
would give flexibility to take some action if you had to in
between.
COMMISSIONER WILLIAMS: I would move the resolution
as amended by counsel.
COMMISSIONER LETZ: Second.
COMMISSIONER WILLIAMS: For submission with the
application to Water Development Board,
JUDGE TINLEY: Motion made and seconded. Any
question or discussion on the motion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion also carries. Thank you,
gentlemen. As always, we appreciate your assistance.
COMMISSIONER WILLIAMS: Let me have your marked up
copy, Tom.
MR, SPURGEON: You bet.
COMMISSIONER WILLIAMS: And we'll get it corrected
and back in front of the Court for signature,
COMMISSIONER BALDWIN: Bless you.
JUDGE TINLEY: Thank both of you again for your help
over the years to Kerr County. We appreciate that. You've
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been of great benefit to us.
COMMISSIONER BALDWIN: Henderson? Bless you.
COMMISSIONER WILLIAMS: A1, thank you. We'll be in
touch on -- on the next presentation to U.G.R.A. and where we
go from there.
MR. GROVES: Thank you.
JUDGE TINLEY: Let's move on with Item 8; consider,
discuss, and take appropriate action to establish policy for
bond and/or insurance requirements for County elected
officials, department heads, and employees who handle or have
access to Kerr County funds. This was an item that was placed
upon the agenda earlier, and there was some discussion, but
nothing got moved forward from it. My sense of it is -- is
that we need to take a look and see what we can obtain in
the -- in the matter of -- of blanket insurance, E & 0 type
coverage for all employees, and see what kind of coverage is
available there. And it would appear that it would be
appropriate for the H.R. Director to investigate what's
available in that respect and bring it back to the Court, and
then we'll take a look at it.
COMMISSIONER BALDWIN: I thought we had done that,
but that's a great idea.
JUDGE TINLEY: There has been some discussion about
it, but apparently it never got moved forward on this basis,
Commissioner. But try it now, I guess.
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COMMISSIONER OEHLER: We do have a lot of employees
that handle money that they're not elected officials or
department heads.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER OEHLER: I think that's a really good
idea.
COMMISSIONER BALDWIN: I do too. Do you need a
court order? Is that -- you're wanting --
JUDGE TINLEY: Direction, I would think, to the H.R.
Director at this point would be -- would be adequate, if
that's the sense of the Court. And that's what I'm hearing.
COMMISSIONER LETZ: On the issue of -- on bonds, we
did go through, and all the bonds were at the maximum level as
allowed by state law, correct? I mean, that portion of this
agenda item we did take care of.
JUDGE TINLEY: We took care of making sure that the
bonds for elected officials, as required by statute, were as
required by state law. And, as I recall, in at least three
cases we made some adjustments to make sure that we were in
conformity. I think it's mainly the -- when we get outside of
the official bonds is where we -- where we need to move
forward and take a look at it.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Judge, just sounds like what
we're doing is -- is saying we'd like to have a policy drafted
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for our consideration on this topic. Is that correct?
JUDGE TINLEY: My sense of it, Commissioner, is
that -- that we see what we can get in the way of coverage
that's available to us for employees who handle county funds,
to have one policy to cover all of those employees, as opposed
to having individual policies for individual employees,
deputies, assistants and so forth. Now, there's some
requirements under the law; for example, the County Clerk is
required to have certain bonding or insurance coverage on some
of her employees. Same is true of the District Clerk, I
believe, and of the Tax Assessor, those fee offices. But that
doesn't cover everybody who handles Kerr County funds, and I'm
trying to get coverage for everybody.
COMMISSIONER WILLIAMS: No, I understand, and I'm on
board. I guess I was misinterpreting the word "policy" there,
so I'm on -- I'm with it.
COMMISSIONER LETZ: Judge, I think Tommy has a
question.
JUDGE TINLEY: Yeah?
MR. TOMLINSON: I would like to be able to explore
through -- through an insurance provider the -- maybe the
possibility of having bonding for everybody, because there's
-- there's as much risk in employees that have access to
assets as much as there is to -- to money. So I think
there -- there might be a need to bond -- for instance,
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there's people at Road and Bridge that never handle money, but
they have access to a lot of assets, and so I think there's as
much risk with that as there is with currency, money.
JUDGE TINLEY: Regular E & 0 or fidelity coverage
generally?
MR. TOMLINSON: Yes. Just explore the possibility
and see how much it would cost.
JUDGE TINLEY: That's what -- that's all we're doing
now is gathering information, and I see -- see no harm in i
that, of course. That's outside the agenda item, but we're
taking no formal action, so it makes no difference. Anything
else by any member of the Court on this?
COMMISSIONER BALDWIN: Do you not want to -- I
thought we had done this already once, and we did not, because
we didn't do a court order. So we can't come back a month
later -- and if we do a court order today, we can't come back
a month later and say, "Well, this thing just didn't move
forward."
COMMISSIONER LETZ: Make a motion.
COMMISSIONER BALDWIN: I think that we need to have
a court order suggesting -- or I move that we direct the
County Auditor and the H.R. Department to come back to us with
a recommendation on -- what was Tommy's issue? -- folks that
just handle assets, and folks that handle county money; come
back with a recommendation to Commissioners Court at their
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earliest convenience.
JUDGE TINLEY: I think part of that is outside of
the agenda item, when you talk about the assets. No assets.
You talk about assets as opposed to funds.
COMMISSIONER BALDWIN: All right. Tommy, you don't
get to do it this time. All right, take the assets --
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: -- part out.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: We have a motion and a second. Any
question or discussion? I suppose if he wants to voluntarily
do it, he can, though, right?
COMMISSIONER BALDWIN: That's what I would think.
JUDGE TINLEY: Okay. All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move to
Item 9; consider, discuss, and take appropriate action to
approve interlocal agreement of with Bexar County, as modified
by the Kerr County Attorney, to participate in the Bexar
County Regional Public Defender's Office, and authorize the
County Judge to sign same. That is the appellate public
defender that -- and the major obstacle was the expenses that
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would be incurred.
COMMISSIONER OEHLER: They would determine how much
that would be.
JUDGE TINLEY: Costs of investigators, translators,
or any other collateral costs must be absorbed by participant.
The County Attorney suggested that we include the language,
"subject to approval of the assigning judge." That -- that
addition has been made in the contract. There were some other
concerns, I believe, that the County Attorney had, but weren't
such that there should be modifications or whatever, and those
were discussed earlier. Am I correct on that, Mr. Emerson?
MR. EMERSON: Yes.
JUDGE TINLEY: Okay. So -- so, with that one
addition, subject to the approval of the assigning judge on
additional costs, you're okay with it?
MR. EMERSON: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I'll move approval of the
interlocal agreement with Bexar County, as modified by Kerr
County Attorney, to participate in the Bexar County Regional
Public Defender's Office, and authorize County Judge to sign
same.
COMMISSIONER BALDWIN: I second it. Let me --
JUDGE TINLEY: Motion made and seconded. Questions
or discussion?
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COMMISSIONER BALDWIN: Is this -- is this like an
annual contract, or what is the time frame on this?
MR. EMERSON: This is an initial grant program.
That's -- I think the initial time frame is a year and a half,
where they receive grant funding to regionalize the appellate
process in order to, A, save money for all -- all of the
cooperating counties, and B, provide a better appellate
procedure to indigent defendants. The only continuing
obligation of the County is the County's obligated for one
year beyond the end of that grant period to finish up the
projects that are already started.
COMMISSIONER BALDWIN: I see. It just seems like a
great project. I mean, I think it's a super idea. But, you
know, I don't want to get locked into it forever and ever, and
the State of Texas gets involved in it, and it turns into
maybe something we would put in your sewer pipe heading down
to Comfort.
MR. EMERSON: The only cases that would be brought
into this grant program would be the ones assigned by the
judge.
COMMISSIONER BALDWIN: This judge?
MR. EMERSON: No, the assigning District Judges or
County Court at Law Judge.
COMMISSIONER BALDWIN: And when they talk about
"assigning judge," you're talking about on our end? Or in
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Bexar County?
MR. EMERSON: Our end. Judge Ables, Judge Prohl,
Judge Brown.
JUDGE TINLEY: Judge Prohl's are actually through
the -- through the Midland --
MR. EMERSON: Judge Prohl's other four counties are
through Midland.
JUDGE TINLEY: Okay. Okay.
MR. EMERSON: Kerr County would be part of the
Region 4 program.
JUDGE TINLEY: Okay. That's right, this is Fourth
Court. Okay. Any other questions or comments? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move to
Item 10; consider, discuss, and take appropriate action to
approve contract with Freese-Nichols, Inc., to perform
assessments of Flat Rock Lake Dam and Ingram Dam, and
authorize County Judge to sign same as applicable. Do we have
the problems resolved, Mr. County Attorney?
MR. EMERSON: The answer would be I don't know.
They -- they corrected the initial contract, or they made some
adjustments. It came down. I scribbled a couple post-its, I
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think mostly relative to the indemnity clauses, and kicked it
back upstairs two or three weeks ago. So --
COMMISSIONER WILLIAMS: Judge, Mr. Schuster's here.
COMMISSIONER BALDWIN: Refresh my memory on what the
problem was. There was a time frame. We pay "X" amount of
dollars for a couple of days, and after that, they're going to
charge us more or something?
COMMISSIONER WILLIAMS: Yeah, there was -- in the
event it went over the time frame, there might be some
additional charges, and we wanted it to be a fixed contract
that was less than the $25,000 state law threshold, period.
And --
COMMISSIONER BALDWIN: Did they agree to that or
I not?
COMMISSIONER WILLIAMS: Do we have an agreement,
Mr. Schuster?
MR. SCHUSTER: Yes, sir, we sure do. The -- the
contract included a provision from the subcontractor that in
the event that they went over three days with the assessment
on the cap, that there would be a $4,000 charge per day for
that additional charge. We kicked the contract out for the
same reason once we saw the subcontract. We obviously didn't
want to cover that liability. When you guys rejected the
contract for the reasons that the Commissioners stated, we
went back and talked to the vendor and made them sign a
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lump-sum contract for the agreement to only do the three days
worth of work. We'll make sure that the schedule's assessed
to where they are able to do that assessment. We talked to
them on several occasions that they can do that in three days.
We're confident that we can do it, so we resubmitted the
contract without the $4,000 per day. They will do that in
three days.
COMMISSIONER WILLIAMS: And the total amount of the
contract?
MR. SCHUSTER: Is 24,600.
JUDGE TINLEY: And I think the only other issues
were with the indemnity provisions, being the standard
qua]ifying language, "to the extent provided by law." And
we're obliged under all circumstances to do that, and I
assume --
MR. SCHUSTER: And I'm confident we can come to an
agreement on that. I don't see any issues with that at all.
COMMISSIONER WILLIAMS: Move approval of the
contract as submitted.
COMMISSIONER OEHLER: I second it.
JUDGE TINLEY: Motion made and seconded.
COMMISSIONER OEHLER: Once it's submitted to the
proper authority for signature.
JUDGE TINLEY: Motion made and -- I'm sorry?
COMMISSIONER OEHLER: The County Judge.
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	JUDGE TINLEY: Okay.		
	COMMISSIONER OEHLER:	For his signature.	
	JUDGE TINLEY: Motion	made and seconded as	
indicated	. Any question or disc	ussion?	
	COMMISSIONER BALDWIN:	Yeah. I wanted to ask	-- I'm I
going to	ask Number 4 down there	what he just said.	
	COMMISSIONER OEHLER:	What I just said? Once	that
contract	is submitted as amended	to the County Judge to	sign.
	COMMISSIONER BALDWIN:	So, we haven't -- we're	
voting on	a contract that we hav	en't seen. We're just -	- this
gentleman	is standing up here te	lling us what's in it.	
	JUDGE TINLEY: No, the	County Attorney's --	
	COMMISSIONER WILLIAMS:	Judge has it.	
	COMMISSIONER BALDWIN:	So, you are signing off	on
I it?
MR. EMERSON: Yes, sir.
COMMISSIONER BALDWIN: Okay, good.
MR. EMERSON: As long as we modify the indemnity
clause.
COMMISSIONER WILLIAMS: And the motion will be to
authorize County Judge to sign same.
COMMISSIONER BALDWIN: Yeah. Thank you.
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.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
MR. SCHUSTER: Thank you.
COMMISSIONER WILLIAMS: Thank you for waiting
through all the --
MR. SCHUSTER: No problem.
COMMISSIONER BALDWIN: What were you going to say,
Commissioner?
COMMISSIONER LETZ: I guess I was just -- somewhere,
we need to get the -- I guess need to make sure the copy
gets -- that we voted on gets attached to the agenda. I mean,
we need to make sure these post-its get memorialized somewhere
into a document that we have, with our agenda. I mean, what
we approved. I guess it will be known when the Judge signs
it. I doubt he's going to sign it with post-its all over it.
At the moment, I don't see a document. Somewhere, it needs to
get into the file. That's all my comment is.
COMMISSIONER WILLIAMS: You didn't see it 'cause
it's in his packet.
COMMISSIONER OEHLER: Don't look at me. I didn't
put it on the agenda.
COMMISSIONER WILLIAMS: I didn't put it on the
I agenda either.
II JUDGE TINLEY: You didn't have copies in your --
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COMMISSIONER LETZ: No. No, I didn't, nothing with
the yellow post-its all over it.
COMMISSIONER WILLIAMS: That's why the questions
were being asked, Judge. We didn't have copies of it.
JUDGE TINLEY: All right. Well, I apologize for
that.
COMMISSIONER BALDWIN: It's a little bit late for
that, pal.
JUDGE TINLEY:	Well, okay.	
COMMISSIONER	LETZ: You weren't --	
JUDGE TINLEY:	Well, then I'm not apologizing,	then.
COMMISSIONER	BALDWIN: Take it back.	
COMMISSIONER	LETZ: You weren't blessed.	
JUDGE TINLEY:	What did you vote on it for?	
COMMISSIONER	BALDWIN: 'Cause Bruce assured me	that
it was okay.		
COMMISSIONER	OEHLER: Oh.	
JUDGE TINLEY:	All right. Are we ready to move	to
Item 12? -- 11, excuse	me. Item 11; consider, discuss, t	ake
appropriate action rega	rding a full-time Code Enforcement	
officer. Commissioner	Oehler, are you ready for this?	
COMMISSIONER	OEHLER: Yeah, I believe I am,	
somewhat. This is most	ly for discussion. It's not	
necessarily to take act	ion too much, but we may need to	
discuss some of these t	hings in executive session, 'cause	it
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does involve some personnel, and maybe some things related to
personal statements being made about certain people that I
don't think are appropriate in open session.
COMMISSIONER BALDWIN: I would agree with that,
Commissioner.
COMMISSIONER WILLIAMS: Do we have other items to go
to exec later?
COMMISSIONER OEHLER: Yes, we got one other.
COMMISSIONER WILLIAMS: Can we just include it
there? Let's skip it now.
JUDGE TINLEY: Anything you want to offer in the
open or public session at this time?
COMMISSIONER OEHLER: Nothing more than what the
agenda item says. Just take appropriate action regarding
full-time Code Enforcement officer.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: And there's a lot to it, and I
think it's going to take more than one meeting, I think, to
settle on this issue.
COMMISSIONER LETZ: Is this --
COMMISSIONER OEHLER: This is --
COMMISSIONER LETZ: Is this a preliminary budget
discussion on -- I mean, on the personnel side of it?
COMMISSIONER OEHLER: Yes.
COMMISSIONER LETZ: Okay.
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COMMISSIONER OEHLER: It will be some -- some
discussion.
COMMISSIONER LETZ: And some personnel?
COMMISSIONER OEHLER: Some personnel. And that's
just about all I'm going to say about it right now.
COMMISSIONER LETZ: That's -- I just wanted to make
sure we weren't trying to -- thinking of changing personnel
mid-budget. As long as we're talking about next year's budget
primarily.
COMMISSIONER OEHLER: We can be talking about
both --
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: -- of those issues.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: But as far as -- far as we
have a part-time person now, if we wanted to move to a
full-time person, that would be a budgeting -- I
COMMISSIONER OEHLER: Exactly.
COMMISSIONER BALDWIN: -- issue.
COMMISSIONER LETZ: Right. ICI
JUDGE TINLEY: Okay. Anything further to offer with
regard to that particular item? Let me go ahead and call Item
12; consider, discuss, and take appropriate action regarding
reassignment of an existing Ag Barn employee's duties to
include work schedule, work location, and consider appropriate
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salary related to new duties, with a notation, "Executive
Session."
COMMISSIONER OEHLER: Yes.
JUDGE TINLEY: Anything you wish to offer with
respect to that item in open session, Mr. Oehler?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: All right. Anybody else have
anything to offer? All right, we'll move forward to Item 13.
Consider, discuss, and take appropriate action regarding
establishing policy and procedures to address methods of
collections, deposits, and receipts for events held at the Ag
Barn. Commissioner Oehler?
COMMISSIONER OEHLER: Yes, sir. Ms. Hyde has been
working on this. She and I have worked together. She put
together several things which I think she would have to pass
out to us regarding one of our many problems of handling money
and collecting money and making sure it gets deposited in the
proper place. And I'll let her pass out her stuff, and we'll
discuss it. This basically is going to -- this is all up for
discussion, and if you have some better ideas on it, we'd like
to hear them. But this is kind of a preliminary of -- let's
get some real procedures in place of how things are done at
the Ag Barn.
COMMISSIONER WILLIAMS: Is there any -- any
preliminary we need to know about as to why we're at this
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point?
COMMISSIONER OEHLER: Well, mainly because we're --
everything seems to be fairly loose. And even the forms that
they're using to book the events and then make reports and
turn in moneys to the appropriate place, which would be the
County Treasurer, are kind of antiquated. And it's just -- it
never has really been a policy.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER OEHLER: And --
COMMISSIONER WILLIAMS: That's a good enough answer
right there.
COMMISSIONER OEHLER: With the recent passel of
problems that we've had, it's time, I think, to establish some
policy.
COMMISSIONER LETZ: And just to add a little bit, I
think this -- it's just our continued looking right now at all
departments into handling money, and this is just another part
of it. And there are definitely some -- the money was not
being tracked as it should have been. And there's also a
possibility of -- I mean, there's no ideas of anything that
has been done wrong, other than -- you know, from what I -- a
stealing standpoint. No indication of any of that, but it's
just that it wasn't being deposited necessarily timely, and it
wasn't -- just -- there were no procedures.
j COMMISSIONER OEHLER: Just no procedures.
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108
COMMISSIONER LETZ: Just needs to be tightened up.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: Bruce, are you going to
address also the fees?
COMMISSIONER OEHLER: Yes, we're going to do that
next meeting.
COMMISSIONER BALDWIN: How much we're going to
charge for a chair and arenas and -- okay.
COMMISSIONER OEHLER: That's going to come on the
next meeting. This is kind of the first step in getting --
COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: -- getting started with the
procedures that need to be followed, and then all that I think
will come back with a recommendation next meeting.
JUDGE TINLEY: The -- the issues you're addressing
would also include the Union Church, I assume?
COMMISSIONER OEHLER: Yes.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: Does both. Correct, Ms. Hyde?
MS. HYDE: We just -- we just started with the Ag
Barn itself, because we figured there would be discussion.
And we worked with Mindy, our Treasurer, as well, because she
needs something that she can cross-validate. So these forms,
the two forms that are attached, are both in Excel. We can
lock the cells. It makes it real simple; you just key entry
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109
on the computer the information, and then it can be sent over
electronically to Mindy, and she can put it in a logbook so
that we can begin logging some of the events. And then it
will also help with budgeting in the future, so that we know
how many events we're having, how much we receive, and how
much it costs.
COMMISSIONER BALDWIN: Were you going to go down --
MS. HYDE: You want me to read it? Sorry.
COMMISSIONER WILLIAMS: Your numbers are off.
MS. HYDE: They are off?
COMMISSIONER BALDWIN: Where?
MS. HYDE: You would find that one.
COMMISSIONER WILLIAMS: Yeah. Well, when you get to
Number 9, you'll see it.
MS. HYDE: The customer -- the customer would call
and book the facility. The booking agent utilizes the event
information form to capture event information requirements.
The booking agent completes the HCYEC reservation form to
calculate costs. The booking agent reviews with the customer
that the intent to reserve form must be signed within five
working days or the date will not be held. And there's where
the numbers start ganging up, so I apologize. Booking agent
then reviews with the customer that 50 percent of the balance
must be paid within five days of the receipt of the contract
or the date will not be held.
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JUDGE TINLEY: Question. We're not talking about
just the use of the facility form; this is also all of the
other additional costs for additional items needed and so
forth, a 50 percent deposit of everything that's calculated on
that information form?
MS. HYDE: Right.
JUDGE TINLEY: Okay, thank you.
MS. HYDE: So, do I need to include --
JUDGE TINLEY: No.
MS. HYDE: Okay.
COMMISSIONER BALDWIN: All right, question. Form
must be signed within five working days of the date or the
date will not be held. Is this brand-new?
MS. HYDE: No, sir, this is coming -- this is coming
out of our leasing agreement.
COMMISSIONER BALDWIN: Okay.
MS. HYDE: And the County Attorney is also working
on updating our leasing agreement for presenting to you all --
COMMISSIONER BALDWIN: Okay.
MS. HYDE: -- at the next meeting.
COMMISSIONER BALDWIN: If I went out to rent the
thing today, it would say that?
(Ms. Hyde nodded.)
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: Eva, before you move too far
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ahead, Number 3, we're talking about the booking agent
completes the form to calculate costs. My question goes to
costs. I don't see it in the sheet. That's the reason I'm
asking.
MS. HYDE: On the reservation form?
COMMISSIONER WILLIAMS: The next page, yeah, on
costs. What I don't see is how the booking agent would
calculate, for example, costs to set up the arena, the use of
the Bobcat, moving dirt in and out, cost of the machinery,
cost of the operator, blab, blab, blah, blab, blab.
MS. HYDE: That's right. That's part of this.
That's what we're talking about. We don't have --
COMMISSIONER OEHLER: We don't have it.
MS. HYDE: -- numbers for that, so all we're showing
at this point, this is what we have. This is what our
contract says.
COMMISSIONER LETZ: This is the existing form?
MS. HYDE: It's very similar. I've just put it into
Excel. And so --
COMMISSIONER WILLIAMS: So, Paae 12, then, is what
we do now?
MS. HYDE: Right.
COMMISSIONER WILLIAMS: Okay. Let's move on.
COMMISSIONER BALDWIN: Can I ask my dumb question?
MS. HYDE: You have no dumb questions.
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COMMISSIONER BALDWIN: I do too. This form is what
we have now?
MS. HYDE: Currently.
COMMISSIONER BALDWIN: Do these 10 items -- are they
what we have now?
MS. HYDE: Sort of.
COMMISSIONER BALDWIN: I see. Okay, that explains
it all. I'm very clear.
MS. HYDE: We're not to the part where it changes.
COMMISSIONER BALDWIN: Okay. You're going to let us
I know?
MS. HYDE: I'm going to tell you exactly where it
changes.
COMMISSIONER BALDWIN: That's what I'm looking for.
MR. EMERSON: If I'm not mistaken, I think the
Court, about a year and a half, maybe two years ago, when
Glenn was still here, instructed Glenn and Alyce to make these
procedural changes as far as having to respond within a
certain number of days.
COMMISSIONER LETZ: Right.
MR. EMERSON: I don't remember the exact date, but I
know it was about a year and a half, two years ago.
COMMISSIONER WILLIAMS: You're right.
JUDGE TINLEY: Our current policy that we -- that we
adopted here a couple or so years ago.
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MR. EMERSON: Correct.
The booking agent reviews
signed within five days. The next one, where they get the
50 percent of the balance due within five days, that would be
the same date. By the time they come in and sign the form,
then they also need to pay 50 percent of what they're signing
for, and I don't think that's really what we've been doing. I
think it kind of has been, you know, you come in and sign it
within five, and then within five you pay -- you pay
50 percent, and then within -- within 20, you do something
else. So, I think it -- it's a little bit confusing, so we
wanted to write them down and make sure what everyone
understood. And if there are changes, then this is a living
document; we can keep changing it to modify it, to meet what
the expectations are. The booking agent then reviews with the
customer that the balance must be paid 20 working days before
the event. This is where I think it gets real convoluted.
You're supposed to book it at least 20 days prior, but then we
go back and say that within five days you can sign the form,
and five days you pay, which is kind of different.
COMMISSIONER WILLIAMS: You're at 30 days now.
MS. HYDE: Right.			
COMMISSIONER WILLIAMS:	So you're	adding	another 20,
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making 50 days?
MS. HYDE: It depends on how you perceive the --
what it says. Which is why I got him to reread it and tell me
what it is that we said.
COMMISSIONER LETZ: Wouldn't it be easier to --
before we start doing the work, do an actual line, start
counting the days? A timeline? 'Cause, I mean, I'm getting
confused if we're counting -- on the five days, if we're
starting on the day it's signed, or --
MS. HYDE: Mm-hmm.
COMMISSIONER LETZ: I mean, are we --
MS. HYDE: It depends on which -- if you read the
lease or you read the contract or you read the letter that's
sent back to the customer, it's very confusing.
COMMISSIONER WILLIAMS: Would it be inappropriate
for us to consider -- maybe this is for a later discussion;
I'm not sure -- that a 50 percent deposit accompanies the
application for the event?
COMMISSIONER OEHLER: There you go.
COMMISSIONER BALDWIN: I think that's it right
there. That's what you do.
COMMISSIONER WILLIAMS: You want it? Put your bucks
up.
COMMISSIONER BALDWIN: And then when do you pay the
remaining?
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COMMISSIONER WILLIAMS: We can set that -- you can
have some time to do the rest. But, you know, you don't go
out and rent an apartment without putting some money up.
COMMISSIONER LETZ: And you pay the rest of it 30
days or 20 days or something like that.
COMMISSIONER OEHLER: I think you ought to pay it
prior to use.
COMMISSIONER LETZ: Yeah, prior to use.
COMMISSIONER WILLIAMS: Yeah, sure.
COMMISSIONER OEHLER: If you don't get it prior to
use, you may have a hard time tracking them down.
COMMISSIONER WILLIAMS: Exactly, yeah.
COMMISSIONER OEHLER: It needs to be paid before
it's used.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER OEHLER: That's just one other little
thing, but that's why we're having this discussion.
COMMISSIONER LETZ: Either 10 days, 15 days, 20
days, something. Reasonable amount of time, so that if they
don't pay that second fee, it's open for us to rent again.
COMMISSIONER OEHLER: That's right.
MS. HYDE: So, we want the deposit at the time of
signing, and then we want 50 percent deposit of total funds,
or do we want 50 percent of the total? 'Cause there's a
deposit that they're supposed to put in as well.
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COMMISSIONER LETZ: I'd say 50 percent of --
COMMISSIONER WILLIAMS: Total funds.
MS. HYDE: Okay.
COMMISSIONER LETZ: Which includes the deposit.
COMMISSIONER WILLIAMS: Yeah, I agree. Yeah.
COMMISSIONER BALDWIN: And then you want to require
the balance far enough out to where you can re-rent it.
COMMISSIONER LETZ: Yeah, at least have a little bit
of a shot at renting it.
MS. HYDE: Balance due 20 -- 20 days prior to the
event date?
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: 20.
JUDGE TINLEY: Specifying here 20 working days?
Business days? You want to leave it at that, or calendar
days?
COMMISSIONER LETZ: Calendar days. It's easier for
people.
COMMISSIONER WILLIAMS: 21 calendar days.
MS. HYDE: 21.
COMMISSIONER WILLIAMS: 20 working days is a month.
21 calendar days is three weeks.
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COMMISSIONER LETZ: If you do the working days, then
you have holidays, and all that mess comes up.
COMMISSIONER WILLIAMS: Yeah.
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MS. HYDE: Okay. So, balance is due 21 calendar
days prior to the event.
COMMISSIONER LETZ: Now, on -- have we got to the
reoccurring?
MS. HYDE: No, that's the next one. Reoccurring --
regular reoccurring events may be paid for on a monthly basis.
Here's a change, Commissioner Baldwin. It just -- that's all
it said in everything that I could find. It just says they
can be paid for on a monthly basis. It doesn't say when, it
doesn't say how much, it doesn't say current, past, doesn't
say anything. So I added within the first five working days
of the month to maintain a current payment schedule. For
example, if I use it in January, it's due February 5th. Now,
if we're saying that this is -- you know, if it's every single
month, they can use it and they're paying -- they're paying
afterwards? Or do you want it prior to? Do you want full
payment prior to utilizing the barn?
COMMISSIONER LETZ: Prior to using it.
COMMISSIONER OEHLER: I think it's full payment
prior to use. I just don't think we're running a credit here.
COMMISSIONER BALDWIN: Yeah, I don't either.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER OEHLER: You know, if you want to use
it, you got to pay for it, and you need to pay for it before
you use it.
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COMMISSIONER WILLIAMS: Yeah, I agree.
MS. HYDE: Okay. So, January -- if they're going to
use it in January, it's due by December 5th of the prior
month.
COMMISSIONER WILLIAMS: If they want to renew it,
then they got to put the money up for the next month.
MS. HYDE: That still gives you three weeks to try
to re-rent it if they decide they're not going to do it.
COMMISSIONER OEHLER: That's right.
COMMISSIONER LETZ: Why wouldn't you say the same 20
days prior to the -- they always have to be paid in full 20 --
21 days before they use it.
MS. HYDE: Okay.
COMMISSIONER BALDWIN: Maybe I'm not understanding
"reoccurring."
COMMISSIONER LETZ: They use it the 15th of every
month. Just --
COMMISSIONER WILLIAMS: Like --
COMMISSIONER BALDWIN: A roping?
COMMISSIONER WILLIAMS: Or cutting or something like
that.
COMMISSIONER OEHLER: Could be a roping.
MS. HYDE: There's no language that specifies what
"reoccurring" is.
COMMISSIONER BALDWIN: Well, I mean, our history
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shows that ropings are reoccurring.
MS. HYDE: Okay.
COMMISSIONER BALDWIN: Certain months of the year.
Is there other things? Would the -- would the wild game
dinner -- that's a reoccurring event, but it's just annually.
But the word "reoccurring" --
MS. HYDE: I think you take the "reoccurring" out,
just put everything to be paid prior to usage, 21 days.
COMMISSIONER BALDWIN: Everybody plays under the
same --
COMMISSIONER OEHLER: Everybody plays. You don't
complicate it --
COMMISSIONER BALDWIN: You know what --
COMMISSIONER OEHLER: -- by throwing some other
terminology in it.
COMMISSIONER LETZ: The problem with that was that
if you take something like some of the ropings, you're asking
them -- they have to -- they're paying all of it way up front.
And, I mean, like, maybe six months before they do their first
event, and we're looking at a year or two years in advance.
And, I mean, be an lawful lot of money. We're trying to leave
it so the deposit would roll over. Long as they're staying
current, they should be able to, you know, have kind of a
floating deposit with them, you know.
COMMISSIONER OEHLER: I believe 21 days prior to the
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event, no matter if they're going to have it on the 15th or,
say, the 21st of February, they ought to have a payment in on
the 20th. And if they're going to have another roping the
next month, then they pay for it 21 days ahead of the roping.
COMMISSIONER LETZ: Whether they do -- if they
reserve it six times during the year, how much deposit do they
put up? How much 50 percent do they put up day one? That's
the question. That was why the reoccurring --
COMMISSIONER OEHLER: If they don't pay, they don't
get to use it.
COMMISSIONER LETZ: But say they put -- they're
going to use it six months, and that it's going to be $1,000
each time. Do they put up $500 and reserve it for all six
times, or do they need to put up -- you knew where I was
going -- $2,500?
COMMISSIONER WILLIAMS: Well, you came up with the
answer a second ago. A rolling deposit. I've got it booked
here for January, and, you know, I've got my date I'm going to
have it, and my money's down. At that point, my deposit -- if
they're going to pay for the whole thing, my deposit rolls to
the next one on things that are reoccurring, like a roping or
cutting or whatever.
JUDGE TINLEY: Deposit is -- 21 days prior to the
event, they pay the entire amount that's due for that event.
COMMISSIONER LETZ: For that event. So, it's -- one
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deposit can hold six events, but 21 days prior, they pay 100
percent of the next 21 days.
MR. EMERSON: I would recommend you insert the
language, "may." One deposit may roll.
COMMISSIONER LETZ: Okay.
MR. EMERSON: Because if you get some turkey that
uses it, you don't want to do that.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: We had this discussion one
other time, and it centered around the booking. "Well, I want
to be able to book it, blab, blah, blab, blah."
COMMISSIONER LETZ: I -- I think that's fair. I
think they need -- it needs to be paid 21 days in advance, but
I think one deposit can hold multiple dates. I have no
problem with that, as long as they're staying in good
standing.
COMMISSIONER OEHLER: And if they don't -- if the
time comes when they don't pay for an event, the event's not
held.
COMMISSIONER WILLIAMS: For example, --
COMMISSIONER LETZ: And all --
COMMISSIONER WILLIAMS: -- if I'm -- if I'm leasing
it for $1,000, and I'm going to -- I'm having several events,
my rental's going to be 1,000 bucks, so I put up my 500. When
it comes time to pay, I'm going to write a check for 1,000,
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and my 500 rolls.
COMMISSIONER OEHLER: That's right.
COMMISSIONER LETZ: Right, exactly.
COMMISSIONER OEHLER: I like that.
COMMISSIONER BALDWIN: Okay. What do you do --
COMMISSIONER WILLIAMS: You're smiling, Judge.
JUDGE TINLEY: No, I'm with you.
COMMISSIONER BALDWIN: What about -- what about the
issue of the agility dogs that like certain dates? They want
to reserve two days in March every year. Can we do that?
What about the wild game dinner? When do they pay -- or they
don't pay. Something like -- some kind of annual event.
COMMISSIONER LETZ: The homeowners -- home builders
~ show.
COMMISSIONER BALDWIN: Home builders show.
COMMISSIONER WILLIAMS: I thought we lost that.
COMMISSIONER BALDWIN: It doesn't matter. Okay,
scratch home builders. Any event that uses the facility on an
annual basis, that -- that pays. How do we -- how do we book
them and collect their money?
COMMISSIONER LETZ: Can -- are you -- can they book
multiple years?
COMMISSIONER BALDWIN: Correct.
COMMISSIONER LETZ: That's -- can they -- can the
agility dog folks book it three years?
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COMMISSIONER BALDWIN: That's also correct.
COMMISSIONER LETZ: One deposit holds it all.
Can't --
MR. EMERSON: I would say then you have -- you have
one deposit for each year of bookings or something like that.
COMMISSIONER BALDWIN: Yeah. You got to start over
annually. But can you reserve those dates three years out?
COMMISSIONER LETZ: Well, but under what Bill --
JUDGE TINLEY: Current policy, I think, is two.
MR. EMERSON: Y'all have that in our order, and I
can't remember exactly what --
COMMISSIONER LETZ: They can reserve all three -- or
all the dates, and they can deposit on one, but as soon as
they pay 21 days prior to that first one that year, they've
got to write a check for the full amount. Then that deposit
rolls over for the next year.
COMMISSIONER BALDWIN: Just like everybody else.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: I think that's a good idea. I
think it's fair, too.
COMMISSIONER LETZ: That way they never have more
than one deposit out, and we're getting money up front. I
think there's a limit to it, 'cause I remember there was an
issue at one point as to -- I think it was Sudie came before
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us and said we have to allow for people to book years out,
because people plan years out.
COMMISSIONER BALDWIN: I think our policy says two
years.
COMMISSIONER LETZ: Two years?
COMMISSIONER BALDWIN: I think.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: That should be long enough.
COMMISSIONER LETZ: For our facility.
JUDGE TINLEY: Well, at this point, we're just
working on a draft anyway.
COMMISSIONER BALDWIN: Right.
COMMISSIONER WILLIAMS: Yeah.
JUDGE TINLEY: So --
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: This was the main thing, is
let's get a good draft, and then we'll bring it back next
meeting and we'll -- she can present it, or we will, and make
other modifications if necessary. But we got to start
somewhere. I think this is a good spot.
MS. HYDE: The booking agent e-mails the reservation
form and event information form to County Treasurer within 24
hours of the initial call from the customer. That way she can
start a logbook, and she's got one of each booking. That's
new.
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COMMISSIONER OEHLER: We haven't been getting much
of a rundown on what has been rented and when and by who and
for how much.
COMMISSIONER LETZ: I think --
COMMISSIONER OEHLER: Been very limited on what
documentation has been on that.
COMMISSIONER LETZ: I think it -- I would add form
to County Treasurer, Maintenance, and Commissioners Court. I
think all three -- Maintenance needs to get one of those early
on so they can have a file on it. I think we need to have a
file here so we know what's going on. Just tell Jody to
create a file; when these forms come in, just put a copy in
the file.
COMMISSIONER OEHLER: They can be transferred over
computer.
COMMISSIONER WILLIAMS: I like that idea. I think
it's important that we start establishing a file here so we
know who's in that place and when they're in there.
COMMISSIONER LETZ: And we just have a file; we can
look it up and say, "These are the applications we received."
And then Maintenance clearly needs to be involved in that
loop, 'cause they need to start being able to plan pretty far
in advance.
MS. HYDE: What we can do -- it's not in here, but
one of the sidebars was that we all have Outlook. And --
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COMMISSIONER LETZ: I don't have Outlook.
MS. HYDE: We all have Outlook in the courthouse.
And Jody could put it in her Outlook. She could put this in
her Outlook, or we could have the booking agent put it in
Outlook where we could share it and see it, so that it would
be a running record of what we've got. Or we can just get a
calendar, and we can make that calendar and fill it in as we
go.
COMMISSIONER WILLIAMS: I don't think the Court
needs a calendar. We just need to keep the file of who's been
in it, what's the rental rate, whatever, whatever. And by
sharing e-mails, we can do that.
MS. HYDE: Right.
COMMISSIONER WILLIAMS: We don't have to generate
another piece of paper, except on the receiving end.
MS. HYDE: Okay.
COMMISSIONER BALDWIN: And who did you add -- you
added Treasurer, Commissioners Court, and --
COMMISSIONER LETZ: Maintenance.
MS. HYDE: Maintenance. Booking agent maintains
logbook with current forms and is responsible for collecting
revenues within the procedural and leasing agreement
guidelines. I left that one wide open, 'cause I knew that
they would change. Booking agent will take any revenue
collected in the county to the Treasurer within 24 hours to
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help insure timely receipt and deposit of funds.
COMMISSIONER LETZ: We need to allow for weekends.
I don't know -- actually, we never receive funds on the
weekend.
COMMISSIONER WILLIAMS: Yeah, some provision that
the Monday following the Friday.
MS. HYDE: Okay.
COMMISSIONER WILLIAMS: If they receive funds at
3:30 in the afternoon or 5 o'clock in the afternoon, then it
needs to be in by Monday morning.
MR. EMERSON: How about next business day?
COMMISSIONER OEHLER: Next business day.
COMMISSIONER WILLIAMS: Next business day, whatever.
COMMISSIONER LETZ: Thank you.
MS. HYDE: Except in the case of weekend.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: Well, it'll still be next
business day, even on a weekend.
MS. HYDE: Take revenue to the County Treasurer by
end of next business day.
COMMISSIONER WILLIAMS: That'll do it.
MS. HYDE: Booking agent will reconcile monthly
booking with monthly receipts, and present completed report to
the County Treasurer -- and I'm going to assume you're going
to want County Commissioners and Maintenance -- during the
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first five days of the month; i.e., January report due by
February 5th.
COMMISSIONER LETZ: I don't know that Maintenance
needs that one, but certainly the Commissioners Court does.
COMMISSIONER WILLIAMS: Yeah, I agree.
JUDGE TINLEY: What about the Auditor?
COMMISSIONER WILLIAMS: Yep, Auditor too.
COMMISSIONER OEHLER: Auditor and Treasurer.
COMMISSIONER WILLIAMS: Treasurer, Auditor,
Commissioners Court. Maintenance doesn't have to be in there.
MS. HYDE: Would the Auditor need one back up at the
top? Or no?
COMMISSIONER WILLIAMS: Probably.
JUDGE TINLEY: No, I wouldn't think so.
COMMISSIONER LETZ: I wouldn't think so.
COMMISSIONER WILLIAMS: No?
COMMISSIONER LETZ: I think they won't. Once the
money's coming in, that's when they need to be involved on the
reconciliation.
COMMISSIONER OEHLER: But if he knows --
MR. TOMLINSON: The same with the Treasurer.
COMMISSIONER OEHLER: If there's a breakdown, he has
a copy.
JUDGE TINLEY: Even on the individual ones, you
prefer a copy of that, Tommy?
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MR. TOMLINSON: Just a monthly one.
MS. HYDE: Just the monthly one.
JUDGE TINLEY: Just the monthly, okay. That's where
we got you.
COMMISSIONER BALDWIN: Let me ask you a question.
Are you going to generate the report form?
MS. HYDE: Who?
COMMISSIONER BALDWIN: You.
MS. HYDE: Me?
COMMISSIONER WILLIAMS: No, booking agent.
MS. HYDE: The booking agent.
COMMISSIONER LETZ: He means the original one, I
I think.
COMMISSIONER BALDWIN: Yeah, the one that -- the
form that the booking agent will reconcile and present a
completed report to the County.
MS. HYDE: You're talking about the outline of the
report?
COMMISSIONER BALDWIN: Yeah.
MS. HYDE: I was going to present something to
y'all, let y'all tweak it.
COMMISSIONER BALDWIN: So, the answer is yes.
MS. HYDE: Maybe.
COMMISSIONER BALDWIN: Thank you. I just think it
needs to be done from this side.
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MS. HYDE: Okay.
COMMISSIONER BALDWIN: Of what kind of report, what
we want the report to look like.
COMMISSIONER LETZ: I agree.
MS. HYDE: I'll check -- on this last one here in
the current agreement that's signed, it says that we only take
checks and money orders. I added bank drafts. But it --
somehow, maybe it's changed and I just haven't found it, but
we also take cash?
COMMISSIONER WILLIAMS: Do we have the ability to
take a debit card?
(Ms. Hyde shook her head negatively.)
COMMISSIONER WILLIAMS: No? Okay.
MR. EMERSON: Just from an operational security
standpoint, cash is a problem. You're at a remote location;
you're likely to take in a large amount of cash on a Friday.
It wouldn't be deposited till Monday.
COMMISSIONER WILLIAMS: Okay.
MS. HYDE: I'd be worried about someone coming in
and robbing.
COMMISSIONER LETZ: No cash.
MS. HYDE: So, do we want do keep it just checks and
money orders and bank drafts?
COMMISSIONER WILLIAMS: Yeah, I'm all right.
MS. HYDE: Okay.
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COMMISSIONER LETZ: Can you -- when you say "bank
I drafts" --
MS. HYDE: Well, you know, some people that are --
COMMISSIONER WILLIAMS: Cashier's check or something
like that.
MS. HYDE: Some people from out of town bring in
cashier's checks.
COMMISSIONER LETZ: That's a bank draft?
MS. HYDE: I just wanted to make sure we were
~ covered.
COMMISSIONER LETZ: I didn't know what a bank draft
I was.
COMMISSIONER WILLIAMS: Why don't we say "cashier's
I check"?
COMMISSIONER LETZ: Bank draft, I'm not --
MS. HYDE: Okay.
COMMISSIONER OEHLER: I believe this is a good start
to getting a handle on the problem.
COMMISSIONER BALDWIN: Sure.
COMMISSIONER WILLIAMS: Bank cashier's check.
COMMISSIONER OEHLER: Right now, there -- I don't
think anybody knows in this Commissioners Court what days that
thing is rented, what the revenues have been. There just
hasn't been much documentation generated from anything that
goes on out there. It's been that way for a long time. I
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believe it's time to --
COMMISSIONER LETZ: This -- this exact thing was
done a year and a half ago. It was done.
COMMISSIONER BALDWIN: So, Bruce, what I'm hearing
you say is Ms. Hyde's going to take over the booking at the
facility?
MS. HYDE: No, sir.
COMMISSIONER OEHLER: I don't believe that's the
case.
COMMISSIONER BALDWIN: That's not what you're
saying?
COMMISSIONER WILLIAMS: Ms. Hyde said, "No, sir."
MS. HYDE: No, sir.
COMMISSIONER BALDWIN: Nice try.
JUDGE TINLEY: Okay, gentlemen. It's -- it's
approaching quarter after. We've got a ways to go with what
we've got left to do today. So, I know Commissioner Baldwin
is anxious to get down to Buzzie's.
COMMISSIONER BALDWIN: It's just because of
fellowship; that's the only reason.
JUDGE TINLEY: I see. So, why don't we go ahead and
recess --
COMMISSIONER WILLIAMS: Before you do, one quickie.
The resolution needed a roll call vote. Can we do that?
JUDGE TINLEY: Okay. So that we --
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133
COMMISSIONER WILLIAMS: County Clerk says to
certify --
COMMISSIONER BALDWIN: What resolution?
COMMISSIONER WILLIAMS: The one we passed that
requires a roll call vote.
JUDGE TINLEY: Let me quickly go back to Item 1. 6,
recall that item; consider, discuss, take appropriate action
to adopt resolution requesting Texas Water Development Board
assistance through grant funding for the Center Point/Eastern
Kerr County wastewater collection and transmission system.
There was a motion made and seconded in support of that agenda
item. Let me call roll call on the vote on that item.
Commissioner Baldwin?
COMMISSIONER BALDWIN: Aye.
JUDGE TINLEY: Commissioner Williams? '~.
COMMISSIONER WILLIAMS: Aye.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Aye.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Aye.
JUDGE TINLEY: All right, that solves that problem.
COMMISSIONER WILLIAMS: Okay. And I'll have the
resolution cleaned up for the Court after break.
JUDGE TINLEY: Okay. So, we'll stand in recess
until 1:45.
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(Recess taken from 12:13 p.m. to 1:45 p.m.)
JUDGE TINLEY: Okay. Why don't we come back to
order? We were in recess for lunch, and did we get everything
squared away, at least for the time being, on Item 13,
gentlemen?
COMMISSIONER OEHLER: I believe we could revisit
that, if you'd like to.
JUDGE TINLEY: All right. Well, let's -- let's
continue on Item 13, then.
COMMISSIONER OEHLER: Mrs. Hyde has, during her
I lunch hour --
COMMISSIONER WILLIAMS: Ms. Hyde got married again?
COMMISSIONER OEHLER: Ms. Hyde -- I'm sorry -- has
redone, as per our request, the procedures for the Ag Barn,
and she'll present those to you and we can go over them. And
if they are satisfactory, we can do something with them, I
would think, rather than just prolong it.
JUDGE TINLEY: I see.
COMMISSIONER WILLIAMS: I see Ms. Hyde took the
numbers off this time.
MS. HYDE: I took the numbers off. I just took from
my notes, so I wanted -- I request that y'all just kind of --
let's look over it one more time and make sure that I've got
your base like you wanted it. What are you laughing at,
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Commissioner Letz?
COMMISSIONER LETZ: Just looking at the "to capture
event information". Such an active word you used there.
That's okay. I would -- as I'm reading, I have a question.
We have an event information form and a reservation -- two
different forms?
MS. HYDE: They're two different forms right now.
COMMISSIONER LETZ: Can't we have one?
MS. HYDE: Sorry?
COMMISSIONER LETZ: There's no way -- I mean --
MS. HYDE: They currently have two. They have this
one that I gave you this morning, and all I did was staple
this on top. They have the back page. And then they have the
actual fee schedule, the reservation form where she can
capture fees.
COMMISSIONER LETZ: Can we have one form? Just --
only fill part of it out, and then -- so you don't have
multiple documents?
MS. HYDE: I agree. I'd like to make the
reservation form be all-inclusive.
COMMISSIONER LETZ: Right. And you may have -- Part
A is completed initially, then Part B when you get more
information. But that way, you're not looking at different...
MS. HYDE: Okay.
COMMISSIONER WILLIAMS: On that one, Eva, --
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MS. HYDE: Yes, sir?
COMMISSIONER WILLIAMS: -- we're talking about
recurring payments and so forth, and we're rolling --
MS. HYDE: I was worried about that one.
COMMISSIONER WILLIAMS: We're rolling forward the
deposit. We're talking about 1,000 due 21 days prior to the
event. 1,000 "due and payable." It must be paid. We have to
say it has to be paid, 'cause that's the only way the deposit
rolls forward, if the event is paid in full at that time.
MS. HYDE: Okay, "and payable" -- "and paid."
COMMISSIONER OEHLER: And paid.
COMMISSIONER WILLIAMS: Paid.
COMMISSIONER LETZ: And I think on the third bullet,
the Intent to Reserve form. It's the reservation. I think we
still -- they have to sign the reservation form. Or is there
another form they sign when they want to reserve it?
(Ms. Hyde nodded.)
COMMISSIONER LETZ: Can't we have them sign the
reservation form -- or Page 1 of the reservation form?
MS. HYDE: Okay. So, I take can take out the Intent
to Reserve form, and they sign the reservation form.
COMMISSIONER LETZ: Be easier if we have one form.
COMMISSIONER OEHLER: Mm-hmm.
MR. EMERSON: If I'm not mistaken, y'all were using
the Intent to Reserve form, because if I call and I want to
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book the Ag Barn and I live in Tuscaloosa, Oklahoma, you send
me the Intent to Reserve; I send it back, and my booking's
good for five days until you receive the money. And if you
don't, then it's gone.
COMMISSIONER LETZ: I would -- I mean, I can see
that, but I'm -- to me, you could have one form. And they --
I mean, they'll have the information all at one time. You may
have multiple parts to that form, as opposed to different
forms.
COMMISSIONER BALDWIN: I still think this one here
can be cleaned up.
COMMISSIONER WILLIAMS: Yeah, I'm kind of struggling
with that one too. I think you're right.
COMMISSIONER BALDWIN: Don't tell her.
MS. HYDE: Which one?
COMMISSIONER BALDWIN: Big one.
COMMISSIONER WILLIAMS: Reoccurring. We're playing
with the reoccurring events.
MS. HYDE: Okay.
COMMISSIONER BALDWIN: $500 is due at the time of
booking, with the remainder of the $1,000 due 21 days prior to
the event.
JUDGE TINLEY: Wouldn't be the remainder then, would
it?
COMMISSIONER WILLIAMS: No.
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MS. HYDE: What do you call it?
COMMISSIONER BALDWIN: Due at the time of booking.
COMMISSIONER WILLIAMS: Period.
COMMISSIONER BALDWIN: At time of booking, period.
MS. HYDE: Which one, period?
COMMISSIONER OEHLER: And the balance due.
COMMISSIONER WILLIAMS: Period after "time of
booking." The remainder due will be paid 21 days prior to the
event. That's not exactly the way we want to say it.
MS. WILLIAMS: Remaining balance.
JUDGE TINLEY: Do we want to do this as we sit here
today?
MR. EMERSON: How about the balance due shall be
paid no later than?
COMMISSIONER OEHLER: We can --
COMMISSIONER WILLIAMS: Let's play with it. Let's
think about it.
COMMISSIONER OEHLER: We can do this, and also I
think we need to have a proposed fee schedule for the next
meeting.
COMMISSIONER WILLIAMS: Yeah. Let's play with this.
COMMISSIONER OEHLER: Okay.
MS. HYDE: And then you want the fee schedules.
COMMISSIONER OEHLER: I think you and I and Jonathan
will work on it, what we think may be a proposed fee schedule
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to be for next meeting.
JUDGE TINLEY: I think that's a real good idea.
COMMISSIONER WILLIAMS: Let me particularly play
around with that reoccurring one.
COMMISSIONER LETZ: Bruce and Eva or somebody.
COMMISSIONER WILLIAMS: Eva, I'll try to rework that
reoccurring events one.
MS. HYDE: Thank you. That one was a tough one.
JUDGE TINLEY: I think that would be better than
trying to force something here today.
COMMISSIONER WILLIAMS: I agree.
JUDGE TINLEY: Okay. Are we through, then, with 13?
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: Let's move to 14, then, if we might.
Consider, discuss, and take appropriate action to authorize
Road and Bridge Department to close a portion of Old Camp
Verde Road from State Highway 173 to vicinity of Fraser
property to provide parking for persons attending the 150th
anniversary of the Camp Verde Store on June the 23rd, 2007.
Commissioner Williams.
COMMISSIONER WILLIAMS: Commissioner Letz has
advised me of this. He knows a little bit more about the
details, but obviously, they're having a 150th anniversary,
and they'd like to have some parking, and they can do that on
Old Camp Verde Road. Move approval.
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COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
~ indicated.
	COMMISSIONER	LETZ: That's about it.
	JUDGE TINLEY:	Any question or discussion?
	COMMISSIONER	BALDWIN: Yeah, question. How far is
Fraser	Road down there?	
	COMMISSIONER	WILLIAMS: Fraser's property.
	COMMISSIONER	BALDWIN: Fraser's property.
	COMMISSIONER	WILLIAMS: Probably 1,000 yards.
	COMMISSIONER	BALDWIN: Is it that old -- that old
loop t	hing?	
	COMMISSIONER	LETZ: Yeah, it's that first -- as
you're	coming off 173,	going back to 480 --
	COMMISSIONER	WILLIAMS: Goinq back to 480 towards
Center	Point.	
	COMMISSIONER	LETZ: First house you come to on the
left,	I believe.	
	COMMISSIONER	WILLIAMS: That's Fraser, yes. So,
about	1,000 yards, no m	ore than that.
	COMMISSIONER	LETZ: Yeah. Before you get to the
creek	crossing.	
	COMMISSIONER	WILLIAMS: Yeah. Oh, yeah, long
before.
COMMISSIONER BALDWIN: We're just closing that
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little portion for that one -- that time frame?
COMMISSIONER LETZ: Right, that day.
COMMISSIONER BALDWIN: 8:00 to something. I can't
remember what --
COMMISSIONER LETZ: That day, so they can have it
for parking. They're planning to have a pretty big
celebration.
COMMISSIONER WILLIAMS: I assume Commissioners
Court's going to get invited?
COMMISSIONER LETZ: I believe so. I'll see to it.
Or you can see to it.
JUDGE TINLEY: What precinct is that in?
COMMISSIONER LETZ: Two.
COMMISSIONER WILLIAMS: Mine.
JUDGE TINLEY: That's what I was thinking. They
keep looking at you.
COMMISSIONER WILLIAMS: Well, he keeps going down
there. You getting free lunches down there or something? Is
that the deal?
COMMISSIONER LETZ: I know some of the principals
down there.
JUDGE TINLEY: All right. All right, any further
question or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move to
Item 15; consider, discuss, and take appropriate action
regarding janitorial service agreements. This shows that I
put it on the agenda, and I'm -- I think this was added after
I left town.
COMMISSIONER BALDWIN: Well, we don't --
JUDGE TINLEY: Am I correct in that?
MS. HYDE: I'm supposed to wing it until he gets
I back.
JUDGE TINLEY: I see, okay.
COMMISSIONER WILLIAMS: Well, dance, then.
JUDGE TINLEY: This issue arose -- we have two
contract situations regarding custodial services, one here at
the courthouse, one out at the jail.
MS. HYDE: Adult Probation.
JUDGE TINLEY: Adult Probation, with two different
contractors. And in looking more closely at those issues,
there was no agreement evidencing what that was supposed to
be. It was a deal that Glenn cut a few years ago. Seems to
be working okay, and far as I know, everything's getting done
under it. But an issue came up when there was an issue about
additional services over and above that which was ordinarily
contemplated under the original contract, so at that point, it
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was suggested that we do a contract, have these people sign,
so that everybody knew where everybody else was and we're all
on the same page. And the last contact I had with the issue
was sometime late week before last, or early last week, and
the County Attorney was working on a very elementary skeletal
agreement for that purpose.
MS. HYDE: He's printing them as we speak. And the
skeletory agreement is completed, one for each, 'cause they're
doing great. And the bottom line is that we pulled them out
of the Tax Assessor's office and the County Clerk's office,
and Mando and Olivia and Maria will take care of that, and
then they'll take care of other areas that don't have
sensitive material in them, so that way everyone's covered.
JUDGE TINLEY: These services are essentially
provided after normal business hours, and one of the concerns
was these contract personnel having access to areas where
there was sensitive information, and so they were going to be
reworked so that the duties would be in areas where those
concerns didn't exist. And now I'm given to understand that
got worked out.
MS. HYDE: It protects them.
JUDGE TINLEY: Yeah, protects everybody.
MS. HYDE: It protects them, protects us. That way
no one can come back and say, "So-and-so was in here and stuff
is missing." You know, it -- it just makes it a lot cleaner,
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and it helps them.
COMMISSIONER BALDWIN: Wouldn't we have the same
concern at Adult Probation, though?
MS. HYDE: They didn't seem to have any concern
whatsoever, so we said okey-dokey.
COMMISSIONER BALDWIN: Now, who are these people? I
don't necessarily need to know names, but --
JUDGE TINLEY: Luis Venegas. No, it's contract, so
you're entitled to the information. Everybody is.
COMMISSIONER BALDWIN: But they work here in this
building?
MS. HYDE: After hours.
COMMISSIONER BALDWIN: That's Maria's husband?
JUDGE TINLEY: Yes. And the other is Yolanda
Cervantes, which is Maria's sister-in-law, I believe.
MS. WILLIAMS: Sister.
JUDGE TINLEY: Sister? Okay. And our relationship
with them goes back --
MS. HYDE: Three to five years.
JUDGE TINLEY: Yeah.
MS. HYDE: And they show up -- I think the problem
was that we couldn't get people to -- that the cleaning
service was sending different people in all the time. No one
knew who was coming. You didn't know who was supposed to be
there, so there was a lot of concern with that. And these
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folks have done a good job. There's been no complaints. They
show up to work. So, they just needed some additional -- if
their services were needed outside of cleaning at night. You
know, let's say we had something special where they had to
come in and help with carpet cleaning or something like that,
where there was additional time needed. There was nothing in
there for how to pay it, or from where to pay it.
COMMISSIONER BALDWIN: And Rex's document's going to
fix all that?
MS. HYDE: Yes, sir.
COMMISSIONER BALDWIN: Do you think we can get this
done today?
MS. HYDE: Yes, sir.
COMMISSIONER LETZ: Is -- I want to bring up -- a
question that comes to mind is that, who do they work for?
Who do they take their orders from?
JUDGE TINLEY: They're independent contractors.
COMMISSIONER LETZ: But who oversees the contract?
I guess the Court? My concern is -- is that we're not getting
ourselves in a bad situation if Maria's head of custodial
services and --
MS. HYDE: They don't work for Maria. They would
not work for Maria; they work for -- they work for the
Commissioners Court.
COMMISSIONER WILLIAMS: Who do they take their
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directions from?
MS. HYDE: Their directions are within the contract.
COMMISSIONER LETZ: Okay. I just want to make sure
that we're -- both parties, the County and them, are protected
because of the family relationship between Maria and these two
contractors.
COMMISSIONER WILLIAMS: The contract is explicit;
they will do this, this, this and this and this.
MS. HYDE: Right.
JUDGE TINLEY: I think the last discussion that I
was in on, the issue of additional services outside of their
normal duties was to be cleared with either you or myself?
Oh, you dropped it in my lap?
MS. HYDE: I believe the County Attorney revised
I that.
JUDGE TINLEY: I see.
COMMISSIONER OEHLER: You're the Maintenance guy.
COMMISSIONER LETZ: You're the Maintenance; you
wanted that one.
COMMISSIONER WILLIAMS: That means he monitors the
performance under these contracts, right?
COMMISSIONER OEHLER: Could be construed that way.
JUDGE TINLEY: Yeah. (Laughter.) That means that
one should not leave town.
MS. HYDE: Everything is paid for. Like, all their
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supplies come from us, so they don't have to bring anything
in, and everything is outlined in the contract. It's a pretty
thick contract for it being simple.
JUDGE TINLEY: I've not seen it.
MS. HYDE: It's pretty --
JUDGE TINLEY: Okay. You're dancing, okay.
MS. HYDE: I'm dancing just as fast as I can.
COMMISSIONER LETZ: Want to pay bills?
JUDGE TINLEY: Yeah, that's exactly -- you're
reading my mind, Commissioner. Why don't we come back to that
one. In the meantime, we will go to Section 9 of the agenda.
Okay. First item, payment of the bills.
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Any question or discussion?
COMMISSIONER BALDWIN: I have a few questions. On
Page 8, County Court, mental health hearings.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: Who is this person?
JUDGE TINLEY: Bob Weber? He's a local lawyer.
COMMISSIONER BALDWIN: Oh. Oh, I see why the prices
are different, then. Okay. Then on Page 23 and 25, Human
Resources and County Treasurer. I just see that they look
almost the same. Skip that; I see the difference. On Page
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31, the very last one down there, Bill Smallwood, building
repair, mixer installed. I happen to know Bill Smallwood from
Fredericksburg, and I'm assuming that this is some kind of
musical instrument?
JUDGE TINLEY: Sound equipment, I imagine.
COMMISSIONER WILLIAMS: Sound equipment at Union
Church was disabled by a lightning strike, I understand.
That's what this repaired.
COMMISSIONER BALDWIN: I see. Okay. That's the
Union Church, okay.
JUDGE TINLEY: On that same page, just above there,
you'll notice two different elevator companies for --
COMMISSIONER BALDWIN: Yeah, I saw that.
JUDGE TINLEY: -- maintenance, and I asked
Mr. Bollier what that was about, and he said, "Well, you got
one for the elevator here in this building and one for the old
elevator that went up to the jail, and never the twain shall
meet."
COMMISSIONER WILLIAMS: I didn't realize that.
COMMISSIONER BALDWIN: Elevator going to the old
jail?
COMMISSIONER OEHLER: The old jail. That goes to
District Court now.
COMMISSIONER LETZ: Their private entrance.
COMMISSIONER OEHLER: That's the prisoner entrance.
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149
COMMISSIONER BALDWIN: Steve's private entrance. I
COMMISSIONER LETZ: Private judge entrance.
COMMISSIONER OEHLER: And also for judges. ~~
COMMISSIONER BALDWIN: And then on Page 42, the very
last one, it looks like something to do with EMS, First
Responder. I just can't tell what that is.
JUDGE TINLEY: Renewal of EMS continuing education,
12 employees.
COMMISSIONER BALDWIN: Renewal of EMS continuing
education, 12 employees. Employees?
MR. TOMLINSON: Well, it's for First Responders.
COMMISSIONER BALDWIN: First Responders are not
employees. But we call them --
MR. TOMLINSON: Well, that's --
COMMISSIONER BALDWIN: We call them employees here?
MR. TOMLINSON: That's just their abbreviation for
what it is. It's for employees or volunteers, or --
they're First Responder people.
JUDGE TINLEY: If your question is, does that go to
Eric Maloney's private company, I suspect it does.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Was that your question?
COMMISSIONER BALDWIN: Yes.
COMMISSIONER WILLIAMS: E-Genesis is his private
company?
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COMMISSIONER BALDWIN: I don't know. I think he's
got it, though.
COMMISSIONER LETZ: Yeah, I think you're probably
right.
COMMISSIONER BALDWIN: That would be all my
questions today, Mr. Auditor. Thank you so much for your
time.
MR. TOMLINSON: Yeah. We do have an office; you can
~ come by.
COMMISSIONER BALDWIN: I know. But sometimes I work
for a living and I don't have time to get down there.
Historically, I have been by your office, and sometimes I
prefer to do it in this room for education purposes.
JUDGE TINLEY: Page 47.
COMMISSIONER BALDWIN: Why didn't you go down to
Tommy's office? Jump on him.
JUDGE TINLEY: 'Cause he wasn't here yesterday while
you and I were.
COMMISSIONER BALDWIN: You and I were here, that's
right. Yeah, he and I were here yesterday.
JUDGE TINLEY: Yes. And we checked your office, and
you weren't there.
MR. TOMLINSON: Okay, I'll admit I wasn't there
yesterday.
JUDGE TINLEY: Hill Country Pest Control, the first
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two entries. Termites at the Ag Barn?
COMMISSIONER OEHLER: Yeah, I know about that.
Termites were discovered in the office area, eating up all --
a bunch of 2-by-4's, floor -- floor plates around some of the
wood framing on the underside of the upstairs part.
COMMISSIONER WILLIAMS: Really?
COMMISSIONER OEHLER: And so Alyce found them, and I
told her that maybe she ought to call and get them taken care
of before they ate more than they should.
JUDGE TINLEY: I see. Okay, that's all the
questions I got.
COMMISSIONER WILLIAMS: What a great way to get a
new building.
MR. TOMLINSON: Let the termites eat it.
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: That motion does carry. Budget
amendments.
COMMISSIONER OEHLER: This was a test to see if I
knew what you were talking about. You were talking about the
Ag Barn. Just a test. I know what it was.
JUDGE TINLEY: I didn't know we had termites.
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152
Budget Amendment Request Number 1.
MR. TOMLINSON: Number 1 is for the Treasurer to pay
for her bond. So, we're asking for a transfer of funds from
what was Worker's Comp line item to Bonds and Insurance.
COMMISSIONER BALDWIN: That's on the County
Treasurer's bond?
MR. TOMLINSON: Yes.
COMMISSIONER BALDWIN: Does she not have an
employee?
JUDGE TINLEY: That's what it's for.
MS. WILLIAMS: $400 of that is for the official's
bond. $100 of it is for the part-time temp employee that I
have right now.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: So moved.
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 carries. Budget Amendment
Request Number 2.
MR. TOMLINSON: Number 2 is for Commissioners Court
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and County-Sponsored Activities. We're paying the deductible
to Texas Association of Counties for a lawsuit of Mr. Kenneth
Wardlaw, so I'm asking for a transfer of $5,000 from Trapper
Contract to Professional Services.
COMMISSIONER LETZ: Why do we have excess in
~ Trapper?
MR. TOMLINSON: I don't know, but if you annualize
their -- their monthly fee, we'll have that much left.
COMMISSIONER LETZ: $5,000 goes to Kendall County on
interlocal agreement.
MR. TOMLINSON: I wasn't aware of that. Well, we'll
just -- can we do that?
COMMISSIONER LETZ: Can we do it out of Worker's
Comp?
MR. TOMLINSON: We can, yes.
COMMISSIONER LETZ: Switch it to come out of
Worker's Comp. Now, Kendall County may never request their
money, which is okay.
MR. TOMLINSON: Well, they haven't so far.
JUDGE TINLEY: But we're obligated to pay them if
they ask for it. Good thinking, Jonathan.
COMMISSIONER BALDWIN: What's the professional
service? Wardlaw? What is that?
COMMISSIONER LETZ: Deductible on a lawsuit. It was
a lawsuit.
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COMMISSIONER WILLIAMS: Oh, Wardlaw sued?
COMMISSIONER LETZ: Yeah.
JUDGE TINLEY: For the lady that drowned going
underneath the bridge down there.
COMMISSIONER BALDWIN: Oh.
COMMISSIONER WILLIAMS: That's right, we were a part
I of this.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: What's the status of that?
COMMISSIONER LETZ: We got it dismissed, I thought.
I thought we were dismissed from that lawsuit.
COMMISSIONER WILLIAMS: I haven't heard.
MR. TOMLINSON: I think we were, but this is -- this
is attorney's fees.
COMMISSIONER LETZ: To get us dismissed.
COMMISSIONER WILLIAMS: Oh, okay. This got us
dismissed.
MR. TOMLINSON: Yes.
COMMISSIONER OEHLER: Cheap.
COMMISSIONER BALDWIN: And this is to TAC?
MR. TOMLINSON: Yes.
JUDGE TINLEY: It's our deductible for -- under our
policy, which includes defense coverage.
THE CLERK: I need a motion.
COMMISSIONER WILLIAMS: Got any other place to take
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it?
COMMISSIONER LETZ: Yeah, we're going to take it out
of Worker's Comp.
JUDGE TINLEY: Worker's Comp, 10-409-204.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: 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: Motion carries. Budget Amendment
Request 3.
MR. TOMLINSON: Number 3 is for Road and Bridge.
This is to budget -- well, to budget some unbudgeted revenues
for Road and Bridge, so they can use this for -- I guess it's
for paving, because it's for asphalt, culvert pipe, and signs
and traffic control. We have $14,080 in sales, and 1,359.40
in culvert pipe sales, and $419 for street signs.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any questions or discussion?
COMMISSIONER LETZ: This is part of that -- your
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question from this morning about our eBay.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: They got 14,080 for that
wonderful equipment we surplussed already.
MR. TOMLINSON: It's more than that.
COMMISSIONER OEHLER: More than that.
COMMISSIONER LETZ: I know, a lot more coming in.
But they've --
MR. TOMLINSON: I think it's right at 30 right now.
COMMISSIONER LETZ: About 30,000 we got in.
COMMISSIONER WILLIAMS: That's a lot more than we
get through all that computer stuff.
COMMISSIONER LETZ: Well, it's more than -- all that
stuff that they've sold wasn't worth 35,000.
JUDGE TINLEY: Any further question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: Motion carries. Budget Amendment
Request Number 4.
MR. TOMLINSON: Okay. Number 4 is for Constable,
Precinct 1. This is to increase his budget by $50.05 for a
donation, to put that donation into Miscellaneous for him to
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be able to expend those funds.
COMMISSIONER LETZ: People are always giving him
money. So moved.
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.)
JODGE TINLEY: Motion carried. Budget Amendment
Request Number 5.
MR. TOMLINSON: Five is for the 198th District Court
and the Jury department. This request is to transfer $12,000
from Court-Appointed Services, $2,000 from Special District
Judge line item, $639.76 from Telephone line item, and $7,500
from Juror Fees. $14,644 goes to Court-Appointed Attorneys,
$2,825.73 to Civil Court-Appointed Attorney line item, and
$4,670.03 into Court-Appointed Services.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion?
COMMISSIONER BALDWIN: Yeah. I want to restate that
last -- that 4,670.03, where does it go?
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MR. TOMLINSON: Court Transcripts.
COMMISSIONER BALDWIN: You said Court-Appointed --
MR. TOMLINSON: Yeah, I was flying off. It's Court
Transcripts.
COMMISSIONER BALDWIN: Court Transcripts, thank you.
JUDGE TINLEY: That's what you pay twice for.
COMMISSIONER BALDWIN: That's right.
JUDGE TINLEY: People that don't reimburse you.
COMMISSIONER BALDWIN: Exactly right.
JUDGE TINLEY: Does that help you understand that?
COMMISSIONER BALDWIN: I got it clear as a bell.
JUDGE TINLEY: Okay.
MR. TOMLINSON: The next go-round of this is going
to be to increase the budget, 'cause this is about --
COMMISSIONER BALDWIN: About it.
MR. TOMLINSON: -- all I could find.
COMMISSIONER BALDWIN: Got a long way to go.
JUDGE TINLEY: Mr. Auditor, would it be possible for
you to prepare, prior to the next meeting, an estimate of what
it's going to take to finish out the year in Court-Appointed
Attorney, Criminal and Civil Court-Appointed Attorney,
Court-Appointed Services in all the courts?
MR. TOMLINSON: Sure.
JUDGE TINLEY: I think it would be helpful for us to
have that, number one, to know what we're going to be looking
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at for the rest of the year, and number two, for budgeting
purposes. Any other question or discussion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. Budget Amendment
Request Number 6.
MR. TOMLINSON: Six is for Environmental Health, and
this is -- this is to move some money for conferences for the
-- for this department, with $478 from Site Cleanup line item,
$432 from Vehicle Insurance line item.
COMMISSIONER LETZ: This for the new employee?
MR. TOMLINSON: Yes.
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: Motion carries. Budget Amendment
Request Number 7.
MR. TOMLINSON: Okay. Seven is for the Jury
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Department to pay some -- for an interpreter, to transfer $243
from Operating Supplies to Interpreter line item.
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: Motion carries. Budget Amendment
Request Number 8.
MR. TOMLINSON: Number 8 is for the 216th District
Court. This is to pay a court reporter and -- and for a court
transcript. We're transferring $2,192.92 from Court-Appointed
Attorney line item, $47.92 to Court Transcripts and $2,195 to
Special Court Reporter.
COMMISSIONER WILLIAMS: So moved.
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.)
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JUDGE TINLEY: Motion carries. Budget Amendment
Request Number 9.
COMMISSIONER BALDWIN: Ha, ha, ha.
MR. TOMLINSON: Number 9 is for the County Judge for
Out-of-County Mileage. We're transferring $56.87 from
Conferences to Out-of-County Mileage.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? More coming,
gentlemen. 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: Motion does carry. Budget Amendment
Request Number 10.
MR. TOMLINSON: Ten is for Commissioners Court,
for -- to pay the remainder of the year for the Center Point
utilities bills. So, we're asking to transfer $235 from
Notices and $200 from Telephone line item, for a total of $435
for those utilities.
COMMISSIONER WILLIAMS: The rest of the year.
COMMISSIONER OEHLER: Center Point? What are we
paying down in Center Point?
COMMISSIONER LETZ: Since you were up here, he has
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an office down there.
COMMISSIONER OEHLER: We don't have an outlying
office.
COMMISSIONER WILLIAMS: You could have.
COMMISSIONER OEHLER: I guess we have to break the
budget in order to have one of those.
COMMISSIONER WILLIAMS: Guess you do. Move
~ approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion?
COMMISSIONER BALDWIN: Boys.
JUDGE TINLEY: All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER WILLIAMS: I can see the headline now.
"Court shuts down Center Point office."
COMMISSIONER OEHLER: We shut the lights off one
time.
JUDGE TINLEY: Budget Amendment Request Number 11.
MR. TOMLINSON: Number 11 is for the County Jail for
medical expenses -- prisoner medical expenses. We're ',
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proposing a transfer of $4,269.97 from Jailer Salaries to
Prisoner Medical. I have two bills -- two late bills payable
to Dr. Parvin totaling $3,000.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to include
late bill hand check to Dr. Parvin for $3,000.
COMMISSIONER OEHLER: I think this is an area we can
take some funds out of to pay Court-appointed attorneys in the
future.
JUDGE TINLEY: Good observation, Commissioner.
That's probably one of two hidey-holes that the Sheriff
maintains.
COMMISSIONER OEHLER: I understand that, but this
looks like a really good spot.
JUDGE TINLEY: Yeah, okay. Any other questions or
comments? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(NO response.)
JUDGE TINLEY: The motion carries. Budget Amendment
Request Number 12.
MR. TOMLINSON: Number 12 is for the Sheriff's
Department to pay for an installation of a camera in a
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vehicle. We're asking for a transfer of $580 from Dispatcher
Salaries to Vehicle Equipment.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Another one of those places to
I hunt.
COMMISSIONER BALDWIN: Did we just find the other
hidey-hole?
COMMISSIONER OEHLER: I think we found one of maybe
two more. Did somebody second the motion?
JUDGE TINLEY: No.
COMMISSIONER OEHLER: I'll second it.
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: The motion carries. Budget Amendment
Request 13.
MR. TOMLINSON: 13 is for Human Resources. This is
to pay -- reimburse Eva Hyde $250 for -- to the Walker's
Consulting Group. We're transferring $250 from Group
Insurance to Books, Publications, and Dues.
COMMISSIONER BALDWIN: What's it for?
MR. TOMLINSON: It's for a subscription to
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165
participate in the Texas County Salaries Survey.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: My god.
COMMISSIONER OEHLER: 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: Motion does carry. Do we have any
more budget amendments?
MR. TOMLINSON: No.
JUDGE TINLEY: Any late bills?
MR. TOMLINSON: No.
JUDGE TINLEY: I've been presented with monthly
reports from Justice of the Peace, Precinct 2, Justice of the
Peace, Precinct 3, and Justice of the Peace, Precinct 4. Do I
hear a motion that these reports be approved as presented?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's get
back to Item 14 -- 15 on the agenda, if we might. We'll
recall that item; consider, discuss, take appropriate action
regarding janitorial service agreements. You need some more
sugar to keep you awake.
COMMISSIONER BALDWIN: I guess so. Then she hands
it to me upside down. Golly.
JUDGE TINLEY: Im surprised you can recognize it.
COMMISSIONER WILLIAMS: She's just checking to see
if you could read it.
(Discussion off the record.)
JUDGE TINLEY: It sure does seem like a whole lot
more than what we talked about.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: She can have mine.
MS. HYDE: They throw them away.
COMMISSIONER OEHLER: You can have two.
MS. HYDE: The other one, Judge, we just changed the
name and the amount. It would be the same thing; just change
the name and the amount. Commissioner Letz, the back is what
you were asking about. It tells everything that they're
supposed to do and when.
JUDGE TINLEY: I notice this is a one-year contract.
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It doesn't appear to have an automatic renewal.
MR. EMERSON: I didn't put one in there.
JUDGE TINLEY: Pardon?
MR. EMERSON: I didn't put one in there. It's easy
enough to add, if that's what you desire.
MS. HYDE: We can make it an evergreen, right. Just
make it an evergreen, and they could sign it every year.
JUDGE TINLEY: I'm going to rely upon you to make
sure that we address that issue every year. That's what I see
the issue is.
MS. HYDE: Remembering.
JUDGE TINLEY: Fall through the cracks and failing
to address it. Is there a holdover provision?
(Mr. Emerson shook his head negatively.) ~
COMMISSIONER LETZ: I think we ought to make the
term of this one expire September 30th, and get it on a cycle
where we're more inclined to do it 'cause it coincides with
our budget. And then the next one -- do this one starting --
the next one will start October 1 through September 30th the
following year. Then do annual after that, with probably
renewal --
JUDGE TINLEY: Automatic renewal on the same terms
and conditions, or such other terms and conditions --
COMMISSIONER LETZ: But the first one --
JUDGE TINLEY: -- mutually agreed upon. And at
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consideration as may be mutually agreed upon, but otherwise to
remain the same? If there's no new agreement --
COMMISSIONER LETZ: I think it's better to get it on
our budget cycle to start with. Otherwise, we're really going
to have to figure out where we are.
COMMISSIONER BALDWIN: And this is the kind of
contract that Commissioner Letz and I have been begging our
administrative assistant for about 15 years to keep an eye on
and help us remember and all that.
COMMISSIONER LETZ: I don't think it's H.R. I think
it should be Jody's responsibility to keep track of it.
MS. HYDE: Thank you.
COMMISSIONER BALDWIN: We haven't been able to
accomplish that yet, but we're working on it even as we speak
with Jody. We're going to get her cell phone this afternoon
and call her in Alaska. Is she in Alaska?
MS. HYDE: I've been given direct orders not to give
you her cell phone number.
COMMISSIONER BALDWIN: Canada?
MS. HYDE: She's still in Canada.
COMMISSIONER BALDWIN: Canada, okay. We can call
her in Canada.
MR. EMERSON: She's not on the ship that ran
aground, so that's good.
MS. HYDE: Right. She's fine.
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COMMISSIONER LETZ: Okay.
JUDGE TINLEY: The good news is, her mother-in-law
is on that ship. (Laughter.)
COMMISSIONER BALDWIN: I move to strike that. Can
we send a copy to Alaska?
JUDGE TINLEY: Just seemed opportune.
COMMISSIONER BALDWIN: With your permission, Letz,
you take this and see if you can get our administrative
assistant -- that would be a good one to start.
COMMISSIONER LETZ: Start on. If she hasn't thrown
the rest of them away, we've .., okay. Do we need -- we can
go ahead, and I'll make a motion to approve the janitorial
services -- janitorial services agreement as modified today,
and authorize the Judge to sign same.
COMMISSIONER WILLIAMS: The expiration date of?
COMMISSIONER BALDWIN: September.
COMMISSIONER LETZ: Well, the future ones. This one
will be September 30th, 2007, and future ones will start
October 1st. But why don't we just do this one, just right to
this date, then add the automatic renewal and all that stuff?
JUDGE TINLEY: It's your call.
COMMISSIONER LETZ: Motion is just to have this one
for the period of five months. Then we'll do the new one with
the renewal provision in our -- in our next one starting
October 1.
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COMMISSIONER BALDWIN: How are you going to remember
to --
MR. EMERSON: So, you're going to run with this
contract. I just need to fix the other one for
September 30th; is that correct?
COMMISSIONER LETZ: But isn't this annual? So we
need to have one with a fixed expiration date of
September 30th. What's the termination date of this one? Oh,
yeah. Yeah, we need to fill in the blanks. This one's fine
the way it is.
COMMISSIONER OEHLER: You wore me out.
MR. EMERSON: That's what I thought you said.
COMMISSIONER BALDWIN: And then what would you do
~ October 1?
COMMISSIONER LETZ: Start -- do a new one. Jody's
going to remember.
COMMISSIONER WILLIAMS: It's already in here till
September 31st (sic) in the second -- in the second paragraph.
MS. HYDE: But you do want a line for evergreen,
right?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Can we change September 31 to
September 30?
MS. HYDE: 30th?
JUDGE TINLEY: It's not like leap year.
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COMMISSIONER LETZ: I move approval of the
agreement.
COMMISSIONER BALDWIN: Second.
COMMISSIONER LETZ: As presented.
JUDGE TINLEY: Motion made and seconded for approval
of the agreement as presented, for the remainder of this
current fiscal year.
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: All right. Any question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Okay, looks like
we are to a couple of closed or executive session items. Is
anybody not on that same page with me? Okay. At this time,
it is 2:31, and we will go out of open or public session to go
into closed or executive session to consider the two items for
executive session.
(The open session was r_losed at 2:31 p.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay, we're now back in open or
public session. Does any member of the Court have anything to
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offer on anything that was considered in closed or executive
session?
COMMISSIONER BALDWIN: Absolutely not.
COMMISSIONER LETZ: What was the first item? Oh,
we're not doing anything on either one of them.
JUDGE TINLEY: Okay. Hearing nothing, let's go to
item --
COMMISSIONER LETZ: Commissioners' reports.
JUDGE TINLEY': Yes. Item 5 on the agenda. Does any
member of the Court have any reports to render in connection
with their committee or liaison assignments? Commissioner
Baldwin?
COMMISSIONER BALDWIN: We had a -- we had the Kerr
County side of the joint dispatch meeting last week, and we
have a joint meeting with the City tomorrow at 2 o'clock. And
we'll report more later.
JUDGE TINLEY: Excellent. Anything else?
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: The Criminal Justice
Advisory Committee recommended, and the AACOG Board approved
Kids Advocacy Place Victim Trauma Program for 57,452, and that
moves on down the conduit for somebody else to make a decision
on, as well as the Hi11 Country Crisis Council, the VOCA,
Victim Assistance project, 108,723 was approved by the Board.
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has 47,020 people here. But the Water Development Board says
that we have 46,452, so you figure. By 2010 of the census,
the Texas Data Center says we will be at 50,457, and the Water
Development Board says we'1] be at 49,250. So, somewhere in
between those two numbers is probably where we'll be.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Last week -- last Thursday,
make that meeting. I think we've got all but basically two
items worked out on how to do subdivision platting in the ETJ.
Those issues are street lights and -- something else.
COMMISSIONER BALDWIN: Curbs? Gutters?
COMMISSIONER LETZ: No, street lights and parks --
mark on both of those, and we would discuss it at the county
level. And Mr. Hoffmann said no, the County was not required,
under where we are in our agreement, to review this again;
that it -- and I said yes, the County was going to review it
~i again, and we would decide at that point if we were going to
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continue with the City under the current arrangement, which I
think we probably will. They are willing to accept a lot of
the -- county drainage rules are -- they're going to use
instead of the City. I think our rules are better than
theirs. I'm not sure they fully understand ours, but --
and --
COMMISSIONER BALDWIN: Street width?
COMMISSIONER LETZ: Street width, pretty much
they're going with our specs for streets and roads over there,
so -- ours are better. So, anyway, it's give and take.
They're pretty adamant on street lights; they want street
lights, cul-de-sacs, and intersections. I told them -- but
there is a variance way to do it. And on the park land
dedication, because of a loophole in the current city system, i
it really never applies to the County, even though it would be
in the rules.
COMMISSIONER WILLIAMS: Are you pretty certain we're
going to continue this harmonious relationship?
COMMISSIONER LETZ: I think we will. The biggest
problem is -- and it's a city problem -- has been, in this
whole process, their rules are horrible.
COMMISSIONER BALDWIN: That says it all.
JODGE TINLEY: The relationship you were talking
~ about.
COMMISSIONER BALDWIN: Lasted four seconds. Four
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seconds.
JUDGE TINLEY: That's a record.
(Laughter.)
COMMISSIONER LETZ: I wasn't trying to be funny.
And they acknowledge this same thing. They acknowledge their
rules are bad. Their subdivision rules have not been
written -- or rewritten and revised in a long, long time. It
is a very big process for them to do it. Ours are much more
concise and are given to us under one set of Local Government
Codes. Theirs come from lots of different angles, evidently.
And there are -- I mean, there's lots of language -- they
refer to -- as an example, O.S.S.F., they refer to everything
needs to be referred in the ETJ to U.G.R.A. It doesn't say
Designated Representative; doesn't say, you know, Kerr
County -- U.G.R.A. working for them. It says U.G.R.A. Well,
that's never been right. I mean, so they just have a lot of i
problems like that. They acknowledge that. They're going to
-- I think Mr. Hoffmann's going to get the City Council to do
a rewrite of their rules for subdivisions. And this is a --
works pretty well in the interim.
Another thing, Airport Board. Most of you are aware
that the constituent representatives, which are Bill and
myself from the County and Mayor Smith and Chuck Coleman from
the City, voted to nominate Fred Vogt, who lives in Tierra
Linda, to fill the vacancy of Dr. John Davis on the Airport
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Board. Very well-qualified individual. I don't know him very
well. I've only met him one time briefly at a meeting. I
think Bill's met him twice at meetings. Bill and I are going
to meet with him later this week and really try to get to know
him a little bit better before we bring him to the Court for
approval of that nomination. Very long, drawn-out process of
discussions with our City counterparts on arriving at a single
representative. But I will say, a lot of knowledge by a lot
of nominees. I think there were seven or eight nominees.
Almost all of them -- which all of them were very well
qualified. And we were able to settle on --
COMMISSIONER WILLIAMS: I'd say four of them were
really top-drawer.
COMMISSIONER LETZ: But it was very -- I know
there's been a lot of interest in the airport, but Mr. Vogt
brings a wealth of information.
COMMISSIONER WILLIAMS: And experience.
COMMISSIONER LETZ: And experience. Former Top Gun
pilot, commanded the -- the naval airports worldwide,
including all the aircraft carriers. So --
COMMISSIONER WILLIAMS: And was the Director of
Aviation for the state of Tennessee.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Before moving to Kerr
County.
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COMMISSIONER LETZ: Life-long bureaucrat.
I
JUDGE TINLEY: That'll be on the agenda for Friday.
COMMISSIONER LETZ: Okay, that's fine.
COMMISSIONER WILLIAMS: Jon and I have having lunch
with him tomorrow.
COMMISSIONER BALDWIN: Is he the guy that owns the
fighter jet, that old jet?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Barnett.
COMMISSIONER LETZ: That was John Barnett, his
brother, and he was not selected.
COMMISSIONER WILLIAMS: But he was one of the four
top candidates.
COMMISSIONER LETZ: One of the two top candidates.
COMMISSIONER WILLIAMS: Yeah. Yeah, right.
JUDGE TINLEY: Anything else?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Do you have anything?
COMMISSIONER OEHLER: Very little. I'll cut it
short, because I know you're in a hurry to get to juveniles.
Animal Control, I think they adopted out over 40 animals this
last month. The place is cleaned up; it's looking good. The
web site's up and running, dah, dah, dah, dah. I can tell you
a lot more about it, but we're -- anyway, Highway 1340 and 39
bridge projects, Phase 1 is a go, after our public meeting
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that was held with TexDOT last Thursday. Ag Barn we've been
discussing today quite a bit. Environmental Health is doing
well. Roy is in full swing, working, getting his feet on the
ground. And I talked to him the other day; he's doing pretty
good. That's all I have.
JUDGE TINLEY: Have any reports from elected
officials? No?
MR. EMERSON: Very quickly, one comment, and that's
it. I talked to Mr. Walraven, who has subsequently called me
back and said that there is a software litigation specialist
in San Antonio that would be willing to come up here and talk
to the County about a contingency Odyssey case issue if
there's any interest on behalf of the County. But I know the
Odyssey problems are still ongoing, on a daily basis, so just
throwing that out for y'all's consideration.
COMMISSIONER BALDWIN: Is there a -- the guy's a
consultant, so he'd charge us $200 or $300 a day to come up
here and visit with us?
MR. EMERSON: No. No, this guy is a -- is a
computer software litigation attorney.
COMMISSIONER BALDWIN: Attorney, okay.
MR. EMERSON: Who, in the interest of a contingency
case -- obviously, any attorney is not going to take it and
run with it without having some background and being sure they
actually have a case. And he would be willing to come up here
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with Mr. Walraven and talk to members of the County to
determine if that's even a feasibility. You know, do we have
a case or not?
COMMISSIONER BALDWIN: Do you think we have a case
or not?
MR. EMERSON: I think we have some significant
I issues.
COMMISSIONER BALDWIN: I think they need to be
talked about.
MR. EMERSON: I don't know enough about that area of
the law to be able to comment on whether we have a case or
not.
COMMISSIONER BALDWIN: Well, I know the guy stood in
this room and made some statements that are flat not true.
One was that they're going to fix all of our problems before
they go out and sell any more, and if you look on the back of
the -- the entire back page of the County Progress magazine is
their ad selling their products. And they have fixed
basically nothing here. And we've spent how much?
JUDGE TINLEY: Close to a million dollars.
COMMISSIONER BALDWIN: A million dollars. I just
think we need to hold them accountable.
COMMISSIONER LETZ: I agree.
JUDGE TINLEY: Okay. Anything else? We'll be
adjourned.
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(Commissioners Court adjourned at 3:45 p.m.)
STATE OF TEXAS
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 20th day of
May, 2007.
JANNETT PIE PER, Kerr County Clerk
BY: ___ _ __ _ C~ ___ _ _ _
Kathy ik, Deputy County Clerk
Certified Shorthand Reporter
5-14 07
ORDER NO.30257
MAINTENANCE DEPARTMENT CELL PHONE CONTRACT
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve adding an additional cell phone to accommodate a new employee at an
additional $9.95 per month, and increase the usage from 800 minutes to 1200
minutes per month at an additional $20.00 per month.
ORDER NO. 30258
DECLARE TWO BOOKSHELVES SURPLUS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve declaring two bookshelves surplus, and authorize the selling of same
through Ebay.
ORDER NO. 30259
ANNUAL BIDS FOR ROAD MATERIALS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioners Letz/Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve Maintenance Department going out for annual bids for road materials:
Road Base
Cold Mix
Black Base
Trap Rock
Emulsion Oil
Corrugated Metal Pipe
with Sealed Bids to accepted until Friday, May 25, 2007 at 5:00 p.m.
Bids to be opened Tuesday, May 29, 2007 at 10:00 a.m.
ORDER NO. 30260
EXTENSION OF PRELIMINARY PLAT OF RANGER PARK
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the extension, for 1 year, of the Preliminary Plat of Ranger
Park.
ORDER NO. 30261
APPEAL BY J. NELSON HAPPY TO PERMIT FOR MARTIN MARRIETTA
MATERIALS SOUTHWEST, LTD.
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Move that the Kerr County Floodplain Development Permit #F07-002 to Martin
Marietta Materials Southwest, Limited, as referenced in Mr. Happy's appeal, be
suspended until the County Attorney has had an opportunity to review everything
and all other agencies who have any overview have submitted their findings, in
writing, back to this Court, to meet all requirements of our Court Order that was
passed in 2000.
ORDER NO. 30262
FEASIBILITY ANALYSIS FOR REGIONAL WATER AND WASTEWATER
SERVICES FOR CENTER POINT AND EASTERN KERB COUNTY
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Authorize inclusion of the Feasibility Analysis for Regional Water and Wastewater
Services for Center Point and Eastern Kerr County in application to Texas Water
Development Board for grant funding consideration under the Economically
Disadvantaged Area Program, or other grant programs; and to other agencies as
may be appropriate.
ORDER NO. 30263
RESOLUTION REQUESTING TEXAS WATER DEVELOPMENT BOARD
ASSISTANCE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Adopt the Resolution, as amended by Counsel to show "Disadvantaged" not
"Depressed" in the Title, requesting Texas Water Development Board assistance
through grant funding for the Center Point/Eastern Kerr County Wastewater
Collection and Transmission System, for submission with the Application to the
Water Development Board. Roll call for vote:
Commissioner Baldwin	aye
Commissioner Williams	aye
Commissioner Letz	aye
Commissioner Oehler	aye
zero noes
zero abstentions
ORDER NO. 30264
ESTABLISH POLICY FOR BOND/INSURANCE REQUIREMENTS FOR
KERR COUNTY EMPLOYEES WHO HANDLE COUNTY FUNDS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the Human Resources Department to come back to the Court with a
recommendation for bonds and/or insurance requirements for County Elected
Officials, Department Heads and employees that handle, or have access to, County
funds.
ORDER NO. 3 0265
INTERLOCAL AGREEMENT WITH BEXAR COUNTY REGIONAL PUBLIC
DEFENDER'S OFFICE
Came to be heard this the 14th day of May, 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 Interlocal Agreement with Bexar County, as modified by the Kerr
County Attorney to include the language with regard to costs of investigators,
translators, or any other collateral costs which must be absorbed by the participant,
"subject to approval of the Assigning Judge", to participate in the Bexar County
Regional Public Defender's Office, and authorize County Judge to sign same.
ORDER NO. 30266
CONTRACT WITH FREESE AND NICHOLS, INC. REGARDING DAM
ASSESSMENTS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Contract with Freese and Nichols, Inc. to perform assessments of Flat
Rock Lake Dam and Ingram Dam, as submitted, and authorize County Judge to
sign same.
ORDER NO. 30267
OLD CAMP VERDE ROAD CLOSURE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the Road and Bridge Department to close a portion of Old Camp Verde
Road from SH 173 to vicinity of Frazar property, to provide parking for persons
attending the 150th Anniversary of the Camp Verde Store on June 23, 2007.
ORDER NO. 30268
CLAIMS AND ACCOUNTS
Came to be heard this the 14th day of May, 2007, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	139,139.69
14-Fire Protection	$	11,965.75
15-Road & Bridge	$	27,998.44
18-County Law Library	$	4,303.12
19-Public Library	$	36,972.25
28-Records Mgmt & Preservation	$	13,236.30
31-Parks	$	1,110.00
50-Indigent Health Care	$	41,704.32
76-Juv Detention Facility	$	7,994 30
80-Historical Commission	$	167.75
82-So Law Enforcement	$	374.32
TOTAL
$ 284,966.24
Upon motion made by Commissioner Williams, seconded by Commissioner
Baldwin, the Court unanimously approved by vote of 4-0-0 to pay the claims and
accounts.
ORDER NO. 30269
BUDGET AMENDMENT # 1
COUNTY TREASURER
NON-DEPARTMENTAL
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-497-206 Bonds & Insurance
Amendment
Increase/()Decrease
+ $500.00
10-409-204 Workers' Compensation - ($500.00)
ORDER NO.30270
BUDGET AMENDMENT #2
COMMISSIONERS' COURT
COUNTY SPONSORED ACTIVITY
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-401-486 Professional Services
Amendment
Increase/()Decrease
+ $5,000.00
10-409-204 Workers Compensation - ($5,000.00)
ORDER NO. 30271
BUDGET AMENDMENT #3
ROAD & BRIDGE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Description Increase/QDecrease
15-350-500 Surplus Sales + $14,080.00'
15-350-520 Culvert Pipe Proceeds + $1,359.40*
15-350-540 Street Signs Proceeds + $419.50*
15-611-552 Asphalts, Oils, Emulsion $14,080 00
15-611-554 Culvert Pipe & Bridges + $1,359.40
15-611-457 Signs/Traffic Control + $419.50
*-Unbudgeted Road & Bridge revenues received for period: 01/24/07-04/30/07
ORDER NO. 30272
BUDGET AMENDMENT #4
GENERAL FUND
CONSTABLE PRECINCT # 1
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-370-300 Various Refunds
10-551-499 Miscellaneous
Amendment
Increase/()Decrease
+ $50.05*
+ $50.05*
*-To recognize donation funds received to be utilized by Constable Pct 1 in his
budget.
ORDER NO. 30273
BUDGET AMENDMENT #5
198TH DISTRICT COURT
JURY
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by CommissionerOehler, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-436-402	Court Appointed Attorney
10-436-403	Civil Court Appointed Atty
10-436-497	Court Transcripts
10-436-401	Court Appointed Services
10-436-415	Special District Judge
10-436-420	Telephone
10-434-492	Juror Fees
Amendment
Increase/QDecrease
+ $14,644.00
+ $2,825.731
+ $4,670.03
- ($12,000.00)
- ($2,000.00)
- ($639.76)
- ($7,500.00)
ORDER NO. 30274
BUDGET AMENDMENT #6
ENVIRONMENTAL HEALTH
Came to be heard this the 14th day of May, 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
10-640-485	Conferences
10-640-480	Vehicle Insurance
10-640-486	Site Cleanup
Amendment
Increase/()Decrease
+ $910.00
- ($432.00)
- ($478.00)
ORDER NO. 3 0275
BUDGET AMENDMENT #7
JURY
Came to be heard this the 14th day of May, 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
10-434-331 Operating Supplies
Amendment
Increase/()Decrease
+ $223.00
- ($223.00)
ORDER NO.30276
BUDGET AMENDMENT #8
216TH DISTRICT COURT
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-435-494 Special Court Reporters
10-435-497 Court Transcripts
10-435-402 Court Appointed Attorney
Amendment
Increase/()Decrease
+ $2,145.00
+ $47.92
- ($2,192.92)
ORDER NO. 30277
BUDGET AMENDMENT #9
COUNTY JUDGE
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-400-486 Out of County Mileage
10-400-485 Conference Dues & Subs
Amendment
Increase/QDecrease
+ $56.87
- ($56.87)
ORDER NO. 30278
BUDGET AMENDMENT #10
COMMISSIONERS' COURT
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-401-441 CP Utilities/Telephone
10-401-420 Telephone
10-401-430 Notice
Amendment
Increase/()Decrease
+ $435.00
- ($200.00)
- ($235.00)
ORDER NO. 30279
BUDGET AMENDMENT # 11
LATE BILL/HAND CHECK
COUNTY JAIL
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 4-0-0 to issue a hand check in the amount of $3,000.00 to
Terry L. Parvin, D.O. for reimbursement for Prisoner Medical Expense 3/07 and
4/07, and transfer the following expense codes:
Expense Code Description
10-512-333 Prisoner Medical
Amendment
Increase/QDecrease
+ $4,269.97
10-512-104 Jailer Salaries - ($4,269.97)
ORDER NO. 30280
BUDGET AMENDMENT # 12
SHERIFF'S DEPARTMENT
Came to be heard this the 14th day of May, 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
10-560-455 Vehicle Equipment
10-560-107 Dispatcher Salaries
Amendment
Increase/QDecrease
+ $580.00
- ($580.00)
ORDER NO. 30281
BUDGET AMENDMENT #13
IIIJMAN RESOURCES
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Amendment
Expense Code Description Increase/QDecrease
10-493-315 Books, Subscriptions, Dues + $250.00
10-493-202 Grouplnsurance - ($250.00)
ORDER NO.30282
MONTHLY REPORTS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 the following monthly reports:
JP #2
JP #4
JP #3
ORDER NO.30283
JANITORIAL SERVICE AGREEMENTS
Came to be heard this the 14th day of May, 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 Janitorial Services Agreement, as modified today, for the remainder
of this fiscal year through September 30, 2007, and authorize County Judge to sign
same.