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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, July 23, 2007
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
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I N D E X
July 23, 2007
		PAGE
---	Visitors' Input	6
---	Commissioners' Comments	11
1.5	Consider/discuss, take appropriate action	
	regarding extension of Kerr County teen curfew	
	for another year	13
1.6	Consider/discuss Kerr County Rabies and Animal	
	Control Order adopted by Commissioners Court	
	August 11, 1997, and its intent and application to	
	owners of unleashed animals in Flat Rock Lake Park	15
1.9	Public Hearing for Revision of Plat for Lots 109,	
	110, 118, 119, Y.O. Ranchlands, Precinct 4	41
1.11	Public Hearing for road changes in various locations	42
1.13	Public Hearing for revision of plat for Lots 2-11	
	of Privilege Creek Ranches (a/k/a Boerne Falls Ranch)	
	to include road name change from Privilege Lane to	
	Turkey Knob, Precinct 3	43
1.10	Consider/discuss, take appropriate action for	
	revision of plat for Lots 109, 110, 118, 119,	
	Y.O. Ranchlands, Precinct 4	44
1.12	Consider/discuss, take appropriate action for	
	regulatory road changes	45
1.14	Consider/discuss, take appropriate action for	
	final revision of plat for Lots 2-11 of Privilege	
	Creek Ranches, (a/k/a Boerne Falls Ranch) to include	
	road name change from Privilege Lane to Turkey Knob	46
1.16	Consider/discuss, take appropriate action to	
	authorize GrantWorks to file application with	
	Office of Rural Community Affairs for 2007 Texas	
	Community Development Block Grant under the Colonia	
	Planning Fund in the amount of $30,000, for a study	
	of Center Point, Westwood Park, and Hill River	
	Country Estates	49
1.1	Consider/discuss, take appropriate action	
	regarding agreement to commit to a one-year	
	contract with Direct TV for access to viewing	
	of satellite TV for juvenile detention facility	51
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I N D E X (Continued)
July 23, 2007
PAGE
1.2 Consider/discuss, take appropriate action
regarding Juvenile Detention revenue for current
budget year 55
1.3 Consider/discuss, take appropriate action on
approving contracts for nursing services between
C. Burkett and W. Brown with Kerr County Juvenile
Detention Center 62
Consider/discuss, take appropriate action on
salary/status adjustment for OSSF Inspector,
since he has acquired training, passed examination,
and received Designated Representative license
effective 6/27/07 65
1.7 Consider/discuss, take appropriate action to
change private road name from Louise Ehler to
Barbary Way, Precinct 3
1.8 Consider/discuss, take appropriate action to accept
a new Letter of Credit for Vistas Escondidas de
Cypress Springs Estates, Precinct 4
1.15 Consider/discuss, take appropriate action to adopt
a policy for adding items to Kerr County website
to inform employees of non-official information
1.17 Consider/discuss, take appropriate action to
approve 2005/2006 Management Discussion and
Analysis as part of outside independent audit
1.18 Consider/discuss, take appropriate action
regarding 2006/2007 outside independent auditor
and authorize RFP or RFQ as required
1.19 Consider/discuss, take appropriate action to adopt
new policy and fee schedule for the Kerr County
Exhibition Center & rescind all previous orders
pertaining to such
1.20 Consider/discuss, take appropriate action
regarding conveyance of Mountain Home TxDOT
property to Mountain Home Fire Department with
reverter, if property ceases to be used for Fire
Department purposes, and long-term lease back by
Kerr County of such property by Kerr County for
Road and Bridge or other purposes
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I N D E X (Continued)
July 23, 2007
1.21 Consider/discuss, take appropriate action to
establish a fund to provide condolences or get-well
remembrances for Kerr County employees and their
immediate family members
1.22 Consider/discuss, take appropriate action to
declare 40 horse stalls surplus & set date to
put them up for auction
1.23 Consider/discuss, take appropriate action on
proposal from Carolina Biological Supply Company
to purchase from Kerr County remains of euthanized
animals for scientific, research, educational and/
or other similar purposes
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
--- Adjourned
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On Monday, July 23, 2007, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regular meeting of the Kerr County
Commissioners Court scheduled and posted for this time and
date, July the 23rd, 2007, at 9 a.m. It is that time now.
Commissioner Williams?
COMMISSIONER WILLIAMS: Will you please rise and
join me in prayer, followed by the pledge of allegiance?
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there`s
any member of the public or the audience that wishes to be
heard on any item that is not an agenda item, we'd be happy to
hear what you have to say on your mind. Now, if you have --
if you have something to say or you want input on a listed
agenda item, we'd ask that you fill out a participation form
at the back of the room. It's not absolutely essential that
you do that, but it does help me to make sure that when we get
to that item, that I don't miss you. However, if we do have a
-- you do want to participate in a listed agenda item, if
you've not filled out a participation form, when we get to
that item, you get my attention in some way, shape, form, or
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fashion, and I'll see that you have the opportunity to be
heard. But right now, if there's any member of the public or
the audience that wishes to be heard on any items that are not
listed on the agenda, feel free to come forward at this time.
Mr. Warren, if you'll give us your name and address, please,
sir? Tell us what's on your mind.
MR. WARREN: My name is -- excuse me. My name is
R.E. Warren, and I'm at P.O. Box 690, Ingram, Texas. I live
on Johnson Creek at Bluff Trails Ranch, and I appreciate the
Commissioners allowing us to have time to present the items
that we have today. On July the 17th, a group of landowners
of Johnson Creek met to see if we couldn't arrive at something
to do on the expeditious repair of floodplain damage -- of
flood damage. We'd gotten so many rumors, we didn't know
which end was up. Let me give you some of these rumors. The
first one was the landowner had to get an inspector out there
to look at the land, say, "Yes, you need a permit," file for a
permit, pay your fee, and that the -- that the permit time
would take roughly 45 days. Well, when you got -- when you
got land at risk and you got low-water bridges and roads at
risk, 45 days is a century. The next one we heard was that
the landowner and the contractor himself had to file for a
permit to get the work done. The next one we heard was that
the permit must be obtained for work in the creek or out of
the creek before you could get anything done. The next one we
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heard is the permit is for each event, one flood. Well, we've
had roughly four floods since May, at least on my place we
have. And then we -- getting towards the last, we had a
permit lasted one year. Subsequent to that, permit lasts
three years. So, you can imagine the confusion that reigned
in that group of landowners, most of which are here today to
help present our program.
We met with Mr. Oehler -- Commissioner Oehler on
July the 18th, explained our problem to him, presented him
with Texas Park and Wildlife Rule 86.007, which says you can
do the work. Mr. Oehler immediately called Bob Sweeney with
Texas Park and Wildlife and explained the landowners' problem.
Mr. Sweeney agreed with our interpretation that we could
expeditiously move in and do repair work. And the last caveat
to his talk with -- with Bruce was, you may need a permit if
you do work in the creek. And I might add right now that none
of this is new work. We're not doing any new construction.
All we're doing is -- is repairing flood erosion and damage.
And we agree with Texas Park and Wildlife, and none of us want
to break any rules or any laws that pertain to the creek, the
use of it or anything like that. We're trying to get to the
bottom of what we can do and can't do.
Mr. Oehler has also set up with Parks and Wildlife a
workshop, and as I understand it, I was just told that it`s to
be held on the 26th at Mountain Home Fire Department at
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between 2:00 and 3 o'clock. And that just came in. I don't
know whether you were aware of that or not. So, in this
workshop, Commissioner Oehler and -- and/or whom, and Bob
Sweeney with the Texas Park and Wildlife, and there's three of
us that are representing the Johnson Creek landowners people,
John Whitley and Bernard Syfan -- excuse me, there you are --
to see if we can participate, add to, give some of our
problems. And, again, I want to thank the Commissioners for
allowing us to present our program -- our problems, and hope
within this workshop we can get our -- our interpretation and
rules defined and what we can do and what we can't do down
pat. Thank you. And I thank the landowners for of Johnson
Creek for coming.
JUDGE TINLEY: Thank you, Mr. Warren.
COMMISSIONER OEHLER: Could I make one comment?
JUDGE TINLEY: Go ahead.
COMMISSIONER OEHLER: I did set up the meeting with
Mr. Sweeney on the 26th; it will just be he and I touring the
creek properties, and after that time, within 10 days or so,
he will tell me when I can set up a public meeting for all the
landowners on Johnson Creek and on the Guadalupe River that
would like to attend. I do not know that date yet, but he has
agreed to come back and hold a workshop with everybody to
explain, you know, what you have to do and what you can't do
and what you can do. But that's all I can really say at this
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point. But I am meeting with him on Thursday, the 26th, to
take him on a short tour so he can see what the area looks
like. Some of it's been repaired, some of it has not. So
that he'll get a better understanding of the problems out
after a flood.
MR. WARREN: Thank you, Bruce.
JUDGE TINLEY: Is there any other member of the
public or the audience that wishes to be heard on any matter
that is not a listed agenda item? Yes, ma'am? Ms. Woods, if
you'll give us your name and address, please?
MS. WOODS: Thank you. I'm Tina Woods, Executive
Director at the Dietert Senior Center, and my address is 205
Loma Vista here in Kerrville. I'm just here to say thank you
this morning to the Court for all of the support that you have
given to our center in this past year, and to give you just a
quick update on where we are and what's happening with the new
building. We moved in in March. We had our official
dedication on April 4th, and thanks to the support of this
Court and the community and several foundations, we are
operating our new center debt-free. We do not have a
mortgage. We were able to furnish it and raise enough money
to move into our place. We've only been in there four months.
It's wonderful to be there. We have more people coming in
every single day. I think for the first time, they're finally
seeing the center. We were a little tucked away over on
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Jefferson Street, and now it's kind of hard to miss us when
you drive down Guadalupe.
One of the things that we're now getting a handle on
is what our operating expenses are going to be. It looks like
they're going to be about 45 percent more than when we were in
the old space, which would make sense, 'cause we've about
doubled our size. We still do operate all of our programs,
and we have added as many opportunities as we can to raise
additional revenue with our new building. We have three
tenants who are on our second floor; the Senior Games, Hill
Country State Bank's Wealth Management Group, and Home Health
Services. We've also opened a restaurant as part of our
nutrition program. Basically, in the morning, when we finish
with our Meals on Wheels and our senior lunch service, we have
a commercial kitchen that sits empty, so we have now opened a
restaurant on Thursday, Friday, Saturday nights, and we do
Sunday brunch there. It's open to the public. So, we are
also renting out space for special events, private meetings,
you name it. So, we really do appreciate the support of the
County for our programs.
Obviously, you know that food costs are rising. You
feed three meals a day in the jail. When you get to your
budget deliberations this year, we hope you will continue to
fund the center. Your money goes to buy food for our senior
nutrition programs. We did about 70,000 meals last year. We
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expect to increase that significantly this year. So, I know
you have a full agenda, but I just wanted the opportunity to
thank you so very much for the support of our elderly in this
community. We really rely on you to assist us, and we hope
that you will continue to do so. Thank you so much.
JUDGE TINLEY: Thank you, Ms. Woods. We appreciate
your being here. Is there anyone else, any other member of
the audience or the public that wishes to be heard on any
matter that's not a listed agenda item? Seeing no one else
coming forward, we'll move on with our agenda. Commissioner
Williams? What do you have for us this morning?
COMMISSIONER WILLIAMS: Nothing, Judge. We've got a
full agenda. I'll yield.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Another round of rain; we had
anywhere from 4 and a half to 5 inches in the eastern part of
the precinct, but it came relatively slow, and didn't have
~ much damage.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: I don't have a whole lot to
report, other than the river's coming down. The people were
here this morning. Lots of damage needs to be repaired.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: Thank you, Judge. I do have
one item, and that is I wanted to talk for a moment about
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J.P. 1, Vance Elliott's resignation and leaving the employment
of Kerr County. I have not received, and I don't think any of
us have received the actual resignation, but the plan is -- is
that sometime at the end -- near the end of August will be his
last day, and because of that, I wanted to -- hopefully the
press will pick up and talk about this a little bit; that we
wanted to open it up for anyone interested in being a
candidate for Justice of the Peace in Precinct 1 to turn in a
resume to either myself or the Human Resources office. We
have a file going down there with several names already in the
pot. So, if anybody in the -- that lives in Precinct 1 would
like to be Justice of the Peace, we would ask you to put
together a resume and turn it in to either myself or
Ms. Hyde -- Ms. Hyde's office. Along with that, with Judge
Elliott leaving Kerr County, we want to have a -- we're
planning a going-away party for him in this courtroom on
August the 22nd. That would be Wednesday, August 22, from
10 a.m. to noon. It'll just be coffee, cake, come and go type
thing, just to come by and show your appreciation to Judge
Elliott and his service to the -- to our great community.
Judge, that's all I have to say.
JUDGE TINLEY: Thank you, sir. We appreciate that.
I want to thank Commissioner Oehler for his efforts on
immediately grabbing the bull by the horns, so to speak, on
this Johnson Creek issue and seeing what he can do to get some
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guidance for those landowners out there. There are a myriad
of regulations and rules and statutes that govern what you can
do in state stream beds, and sometimes it gets a little
confusing, and I appreciate his efforts to get the right kind
of guidance for those folks, because there was quite an
amazing amount of damage out there as a result of these recent
heavy rains and flooding that occurred out there. So, I
appreciate his efforts. Let's move on with our agenda. In
order to accommodate most of the folks here today, I'm going
to start getting a little bit out of order. I'm going to
begin with Item 5; consider, discuss, and take appropriate
action regarding extension of the Kerr County teen curfew for
another year. Chief Deputy Barton? Thank you, sir.
MR. BARYON: Yes, sir. Sheriff Hierholzer asked me
to speak on behalf of him and request the Court to go ahead
and continue the curfew as we've had it now for a number of
years. We don't necessarily do a whole lot of citations for
the violation, but one of the best tools it gives us is a good
reason to approach kids when they're in areas after hours to
find out what they're up to, and so we use it for a tool along
those lines more than we do trying to punish them because of
that. Anyway, he would request that the Court continue the
curfew as -- as they have in the past.
COMMISSIONER BALDWIN: Clay, I have one question.
Under the General Provisions, Section 1, --
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MR. BARYON: Yes, sir?
COMMISSIONER BALDWIN: -- you have 11 p.m. to 6 a.m.
And then down in the curfew hours, under Section 2, is 12:01
to 6 a.m. Is there -- are those two different functions, or
is this a typo? Or --
MR. BARYON: I believe in Section 1, Commissioner,
that was just -- the statistics that were put forth in that
were between 11 p.m. and 6 a.m., is the way I understand that.
COMMISSIONER BALDWIN: Okay. But the actual curfew
is 12:01?
MR. BARYON: Yes, sir.
COMMISSIONER BALDWIN: Okay, thank you.
COMMISSIONER LETZ: The city does not have a curfew;
is that correct?
MR. BARYON: No, sir. To my knowledge at this time,
they do not.
COMMISSIONER LETZ: Never have, I don`t believe.
COMMISSIONER BALDWIN: Judge, I move for approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion and second as indicated. 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.)
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JUDGE TINLEY: That motion does carry. We'll move
to Item 6; consider/discuss Kerr County Rabies and Animal
Control order adopted by Commissioners Court August 11, 1997,
and its intent and application to owners of unleashed animals
in Flat Rock Lake Park. Commissioner Williams.
COMMISSIONER WILLIAMS: Thank you, Judge. As a
result of a discussion we've had in the past, I placed this
back on the agenda for the Court to discuss. I didn't style
I'I the agenda item as an action item, but I wanted the Court to
clearly understand that in place there is a Kerr County Rabies
and Animal Control order that deals with the topic of
restraint. On Friday, while we were in budget meetings,
somebody arrived in Commissioners Court offices and dropped in
my box a packet that looked like this, and I assume it was
dropped in everybody else's box at the same time. And what I
find kind of curious about this is that the person -- I'm not
certain that the person who delivered it is the person who
wrote it, but if the person who wrote this cover letter is in
~ the audience, would you please stand u and identif ourself?
p Y Y
AUDIENCE: The lady who wrote that document is not
present. Her letter is just behind that document.
COMMISSIONER WILLIAMS: Thank you. But what I find
interesting is that there are some aspersions cast in this,
and some tests of one's veracity, and the writer of this
letter failed to sign the letter identifying who was making
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these innuendoes and so forth. Be that as it may, before we
start, since the question of the complaint -- the legitimacy
of the complaint is registered in this letter as being
suspect, I'd like, Judge, to go to your call list there and
invite Ms. Linda Corder -- Mrs. Corder to come to the podium
and tell us what happened on the day in question which
prompted me to put this topic on the agenda to begin with.
Ms. Corder?
MS. CORDER: Hi. Thank you for letting me speak. I
appreciate the time. On May 31st of this year, I took my dog
for a walk at the park. We arrived around 7 p.m. and looked
around to see who was there, and there were only three young
boys playing in the water and a couple fishing. No dogs that
we could see were loose, and we proceeded on our walk. And
the reason we looked for loose dogs, in the past -- and I have
walked at this park numerous occasions, you know, four to five
times a week, different times of the day. There are always
dogs that are loose, and not always being watched by their
owners. There's a lot of dogs that are under control by their
owners. And on two past occasions, two dogs came running up
to my dog, and one tried to attack, and the owners got to him
before it could happen. So, every other time since then, we
look to see if there's loose dogs. There were no loose dogs
that we could see this particular evening. And I took my dog
on his leash around the park.
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Halfway around the park, this dog came out of
nowhere who was -- who was with these three boys, and came
growling and barking at us. And I didn't know who he was
going to come after, me or my dog, but -- well, he went after
my dog. I have a standard longhair dachshund who weighs
32 pounds. The dog that attacked him was the size of a German
shepherd. It was a mixed breed, but that's the size of the
dog. He kept flipping my dog on his back and kept trying to
bite at his -- at his stomach, which is normal in a dog
attack. And it took me several seconds to get to a point
where I could get my foot in there and kick this dog in the
snout, and I kicked him hard enough to stun him so that I
could pick my dog up and take him to safety. I had to take
him to the vet. He had several puncture wounds on his side.
Thank God, none in his stomach, and he was bruised from head
to toe. His back was bruised badly. It was a really hard
thing for me to have to deal with with my dog.
And I also want to say, I am not the cause of this
-- of us meeting here today, or the problem. This is a
problem that has happened before. I have talked to other
people that have had this same problem at this park. I know
there's a morning group that walks that are very much in
control of their dogs and take very good care of their dogs,
but I don't go in the morning 'cause I'm at work. I go in the
late afternoons and the early evenings. I enjoy this park
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because I feel safe there. It's very comfortable there, and
there's a nice breeze in the summertime. And it's a -- you
know, when you have a dog low to the ground, you want to take
him to a place where it's comfortable for him as well. When I
spoke to the police to find out what I could do to protect my
dog and myself, I was told pepper spray, and areas to stay out
of if I wanted to walk my dog by myself. So, I'm limited as
to where I can go in this town. There are leash laws in place
for a reason, and you can't have them for some and not for the
others. If you want to designate this park a dog park, then
it needs to have a fence around it and be labeled a dog park.
If you want this to be open to the public, then the dogs need
to be restrained, because someday a child may be bitten, and
then what are we going to do? So, maybe we can find some land
to put a fence around to be called a dog park, or make Flat
Rock Lake the dog park and find another area to be a public
park. But something needs to be done. And, again, I thank
you for your time.
COMMISSIONER WILLIAMS: Thank you, Ms. Corder. I
gave the Court a copy of the current Rabies and Animal Control
order. I gave you a supplement this morning because in my
packet a couple of the pages were missing. And I direct your
attention specifically to Section 4, which deals with
restraint, impoundment, and disposition of stray dogs and
cats. And it talks about that this is the order the Court
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adopted back in, I believe, 1997. And that was -- that was an
amended order which amended the previous order, which was
adopted 10 years previously. All I want to do this morning,
while I recognize there are a lot of folks here in support,
and I'm sure the Judge will give anybody who wishes an
opportunity to speak, there are a lot of letters in this
packet of support. I want to make certain that you understand
that Ms. Corder's complaint is not the only complaint that I
personally have received. I've received others. I've been
notified of persons who have been knocked down, and one had to
go to the hospital with a broken ankle. I've been notified of
others who have been attacked. I've been notified of others
who had to fend off animals with pepper spray. I've been
notified by others who've talked about animals running --
running free and doing all sorts of things on their car,
lifting their legs and doing what dogs typically do on
automobile tires and so forth, while people were there. So,
it's not a new issue; it's not a single issue, and
nonetheless, it needs to be talked about.
My purpose in bringing it this morning was because
Mr. Palmer and others of you are very interested in this in
terms of what we do with that park, and the Court's going to
have to come to a decision as to what we do with that park.
Right now it's a public park, and right now, as we speak this
morning, the animal control -- Rabies and Animal Control order
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has a restraint provision in it. If the Court wishes to take
that out, then the Court will do so. Anybody that wants to
speak as far as --
COMMISSIONER LETZ: I have a question. I support ',
the current order, and every instance that you've talked about
is, by our order, a public nuisance. The problem seems to be
in enforcement of our court order, not our court order.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER LETZ: I mean --
COMMISSIONER WILLIAMS: Or irresponsible dog owners.
COMMISSIONER LETZ: Well, but that's -- they're --
that's creating a public nuisance, by the definition in here.
I mean, it's very clear. And it's not a leash law, you know.
I'll -- just for the benefit of the public, there's a -- for
the purposes of this section, "restraint" shall mean that the
dog or cat is physically restrained by leash, fence, pen, or
other device, or 2, physically located on the property of the
owner or custodian or supervised by and under the direct
control of the owner or custodian. So, I mean, the way I'm
reading that, I mean, if you can -- the people that do walk
with, you know, dogs similar to mine that are -- you know, and
Commissioner Oehler, I think we -- both our dogs are labs, and
under pretty much direct control of us all the time, but not
on a leash. And I think that's in compliance with the law --
or our ordinance. And, clearly, anytime you have a dog that's
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running loose and attacks another dog, that dog is a public
nuisance by definition of our order. You know, so I don't
think the order needs to be changed. I think maybe the
enforcement mechanism needs to be improved, but that gets into
an issue with Janie's department primarily, I guess, about
having the staff to enforce it. That's just kind of how I see
it. I don't think the law -- I mean, I don't -- changing the I
law, making it stricter, isn't going to solve the problem.
COMMISSIONER WILLIAMS: I understand that.
COMMISSIONER LETZ: It's how we enforce it.
JUDGE TINLEY: Mr. Palmer, did you wish to be heard
on this item? You filed a participation form.
MR. PALMER: Yes, sir. My name is Bob Palmer; I
live at 410 Josephine, and I'm one of those dog owners who
walks their dog in the morning, and we're aware of this -- the
problem. And I support, and I'm sure the others here who have
dogs also support this Rabies and Animal Control order. We
feel like that if there are stray dogs that are attacking
other dogs in the park, that these dogs should be removed from
the park, or in some cases, taken in by Animal Control, so
there's no conflict here with -- with this order and the group
of people who walk in the morning. What I would like to do,
and what one or two others have done, is actually propose a
leash law for -- this is -- the County Attorney's office told
me there was no leash law in the county, so I just made up a
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copy of a simple leash law that would be in effect for -- for
Flat Rock Park, and it's very simple. But it, I think, needs
to be put in effect. And some others in the group -- Bill,
one of the other persons, also has sent y'all a letter. But
the proposal is that all dogs must be kept on a leash or under
verbal control in Flat Rock Park. And that's just a proposal
for y'all's consideration.
Now, regarding the Rabies and Animal Control order,
where it says that animals should be physically restrained by
leash, fence, pen, or other device, we agree with this if the
word "device" could also mean verbal control, so that we would
be following this order. Also, this refers to stray dogs in
the park, this animal control order, and we do not consider
our dogs stray dogs, because they are under our verbal control
or they are on a leash. So, we would like to support this
order, and also a leash law in the dog park, and we would like
to work with the County in helping, if we could, to, if not
enforce, support it by letting the police or Animal Control
know if there is a stray dog in the park. Part of the problem
is there are dogs coming in off the street from people in the
area and causing problems, and we've had problems with those
dogs, too. So, one of the things that we could also do, and
some of our people do, we pick up litter in the park. We've
got members who help keep this park cleaner, and not only in
the park, but in the water. And we also -- as has been stated
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before, the more we're there, the more -- the safer the park
is. So, I just wanted to go on record as saying that we
support this -- or I support it. Maybe I'm not talking for
everybody, but we support this control order, and any way we
can work together, we would like to do so.
COMMISSIONER WILLIAMS: While you make reference to
Kerr County Rabies and Animal Control -- both of us have in
this discussion thus far -- there is another element of law
that exists, and that's Texas statute, the Texas Health and
Safety Code, Chapter 822.031, which deals with unregistered
dogs. And they are prohibited from running large -- at large.
The owner or person having control of a dog at least six
months of age and in a county which adopts this as a
subchapter may not allow a dog to run large -- run at large
unless the dog is registered under this subchapter, so forth,
and has a tag on his neck. Are you going to certify for us
that all the dogs in Flat Rock Lake Park that run loose right
now, whether they are or are not under the control of the
owner, are registered and have a tag on their neck?
MR. PALMER: Well, how could I do that?
COMMISSIONER WILLIAMS: I'm just asking you a
question, because that's state law.
MR. PALMER: I feel that all the people that I know
that have dogs and walk dogs have them certified, have them
vaccinated. I could -- I would go so far as to certify that.
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1 COMMISSIONER WILLIAMS: I appreciate I put you on
2 the spot, Mr. Palmer, but the point is that while you are a
3 responsible dog owner, and I would venture to suggest that
~ most of the people sitting in this audience today are likewise
~ responsible animal owners, there are those who mess it up for
~ everybody, and they fall into several categories. I just
wanted to remind you of that.
MR. PALMER: Well, I would agree with you. But even
in the most perfect society, there's always going to be
somebody --
COMMISSIONER WILLIAMS: You got it.
MR. PALMER: -- messing it up for somebody else.
So, what we do is try to take the -- work on the odds, that
the more of us that are there with registered dogs, the fewer
mishaps there are going to be.
JUDGE TINLEY: Mr. Palmer, you -- you're suggesting
that maybe we need to look at an off-leash provision which
requires that the animal be under the verbal control of its
owner or person there with it. Would that not be the same as
"supervised by" and "under the direct control" of the owner or
custodian?
MR. PALMER: Yes.
JUDGE TINLEY: Aren't they one and the same?
MR. PALMER: I would say so.
COMMISSIONER WILLIAMS: It's already in the order.
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1 MR. PALMER: That's true.
~ COMMISSIONER LETZ:
Question.
3 MS. CORDER: Can I add something to that real quick?
~ JUDGE TINLEY: We'll get to you in just a second,
~ ma'am. I think we're midstream here on something. You got a
~ question?
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COMMISSIONER LETZ: Question. Has this county
adopted that provision in the state law that you just read?
COMMISSIONER WILLIAMS: Janie, do you know?
(Ms. Roman nodded.}
COMMISSIONER WILLIAMS: Janie says yes, we have.
COMMISSIONER LETZ: We have. So, that's another
enforcement issue; we have another tool that Animal Control
has. It's a matter of enforcing it, that if your dog is not
registered, it cannot ever be off its leash, you know.
MR. PALMER: Whether it's in the park or not.
COMMISSIONER LETZ: Right. So, I mean, that's -- I
mean, it gives them another control. Just a matter of
enforcing it.
MR. PALMER: One thing I'd like to point out is that
sometimes we have people who come into the park with more
aggressive dogs, and these are -- you know, they're very much
into protecting their owners. And we have found that the more
they mix with our dogs, which are pretty well -- pretty
socialized, that the less aggressive they become, and the
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1 better behaved dogs. So, I think we're helping out in that
2 area, too.
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3 JUDGE TINLEY: Thank
you, Mr. Palmer.
4 MR. PALMER: Thank
you.
5 COMMISSIONER OEHLER: It would seem to me that in
6 the people that use that park and walk their dogs, whether
7 they they're on a leash or not, if you see a violation, you
3 see a dog running loose, a stray dog, you know, most people
~ have cell phones nowadays. If you would call Animal Control,
~ they know -- they could react to it in pretty fast order, I
believe, and take care of an existing problem. If they don't
know that there's a problem, they -- you know, they have other
things they have to do during the day. They're making calls
and stuff like that. And --
MR. PALMER: That's true. That's -- you know, we --
we could help out more in that area. Also, people come in
with dogs, small dogs on leashes, and a lot of times these are
the people who are the ones who are the first to complain
about their dog's under attack or something. But what happens
a lot of times, these people are already fearful for their
dogs when they come in, and the dogs sense it. And the dog's
on a leash, and the other dogs sense it too, so we try to let
them know that our dogs are not going to -- and we have some
people with small -- very small dogs who they run with the
bigger dogs, and bigger dogs are afraid of the smaller ones.
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~/
1 Because, you know, a Chihuahua, when they get -- when the
y get
2 mad, nobody wants to take them on. (Laughter.)
3 JUDGE TINLEY: Thank
you, Mr. Palmer. Ms. Corder?
4 MS. CORDER: I was
just -- I just wanted to let you
5 know that the three instances were not stray dogs with my dog.
o And also, a lot of times people -- when you say "verbal
7 command," there are people fishing and their dogs are behind
? them running loose, and they'll just yell over their shoulder.
a So, at some point you have to define "verbal command, ou
,~ y
know, "verbal control." Another time, you know, dogs are
across the park and people will be calling them. When your
dog is out of your range -- immediate range, you do not have
control on that dog. You know, that's all I wanted to add.
So, if you're going to do that, which I think is a great idea,
that's fine, but you've got to define that, you know, as to
what the verbal control is. So, if it's across the park, you
don't have control on the dog.
JUDGE TINLEY: I think the term in the existing
order says "direct control."
MS. CORDER: Well, you have to look at the fact --
I've been around dogs all my life, okay? Big dogs, little
dogs, whatever. And they're still a dog, okay? Anything can
distract them to set something off on them, and so to be out
of the control of that dog can create a problem as well.
So -- you know. Thanks.
i-zs-o~
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1 JUDGE TINLEY: Thank
you, ma'am. Someone in the
2 back of the room? If you'd come forward and give us your name
3 and address so that we might get it on the record, please,
~ ma'am?
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~ MS. SHELBY: I have a soft voice, so I'll try to
> speak up. My name is Sandra Shelby. I live at 805 Loop 534,
' Apartment 141, here in Kerrville. I have a very bad back, and
when I take my dog to the park, I can walk about 15 to 20
minutes, and then I bring her back and I sit in a chair, and
she plays around the car and in front of me, and I do have
verbal control of her. And, basically, that's all I wanted to
say, because if I just have her on the leash -- have her on a
leash and I can only walk 20 minutes, she doesn't get any
exercise. And that's the reason I take her down there,
because I live in a condo, and I have to keep her on a leash
there, so she's not allowed to run and have freedom there.
And that was my purpose to take her to the park, so she could
get some exercise. And, like I said, basically that's all I
wanted to say.
JUDGE TINLEY: Thank you, ma'am. We appreciate it.
Anyone else that wishes to be heard on this particular issue?
Yes, sir? If you'll come forward and give us your name and
address, and tell -- give us your input on this item.
MR. CHAPMAN: Good morning. My name is George
Chapman, and I live at 111 Arizona Ash. I'm 88 years old, and
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Gy
1 I've walked down at that park for years. It's the only place
2 in Kerr County that we can let our dogs run free with us. I'm
3 sure there must be incidents that happen from time to time,
4 but I've been fortunate in not seeing anything -- any vicious
5 attacks or anything like that down there. You know, dog
'o owners who are leery of that place where we can throw a ball
1 and the dog chases it, or a stick in the water and chases it,
3 they have the rest of Kerr County, including Louise Hays Park
~ and Tranquility Island there. There`s other small parks in
this county that they can go and the leash law is in force --
in force, and everyone I know -- whenever I go to Tranquility
Park, I know I always put my dog on a leash, and I never see
one running loose. So, they have the whole Kerr County to --
to walk a dog if they are leery of any free dogs at Louise --
at Flat Rock Park.
So, I don't see any reason in the world why the
group of us who let our dogs run free down there should be
deprived of the privilege of being able to play with the dogs
and let the dogs run and get exercise when they have the rest
of Kerr County to put leash -- and use the leash law for their
protection, if that's what worries them. You know, we're --
it's usually just a bunch of old folks like me that -- that
wander down there in the morning and take our dogs. And we
settle the city problems, the county problems, the state
problems, the world problems. We -- about five minutes, and
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~ v
we get everything settled that way. (Laughter.) And the rest
'. of the time, we just joke and walk and play with our dogs and
laugh and have fun, and it's a fun place for us. Only place
where we get to meet is down there, and we enjoy it. And it's
relaxed and open, and everybody seems to be jovial and happy.
That's the way I think life should be. And when they -- the
people who are worried about us and our dogs, everybody that I
-- every dog down there in any group of ours has all of its
shots and has its tags and -- and they're just family pets.
So, I don't want to see a leash law in force in Flat Rock
Park. The rest of Kerr County, great. But for that one
exception, where we can just enjoy ourselves, I would like
that freedom, and I think all of us feel the same way.
(Applause.)
JUDGE TINLEY: Thank you, sir. Would it be possible
-- would it be possible, when your group has got all these
problems worked out -- I'm not necessarily concerned about the
rest of the problems in the world -- that one of your
representatives could come by here and give us the solution to
the county problems? (Laughter.} We'd appreciate that.
MR. KELLY; We`d be obliged to.
MR. CHAPMAN: The solution is, I think, already in
place. They have the whole Kerr County to walk their dogs on
a leash, and I'm happy for them. Any dog lover, I'm for.
Anyway, so that's -- that's what it is. Just allow us one
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place where we can throw a ball and the dog can go chase it.
That's all.
JUDGE TINLEY: Thank you, sir.
MR. CHAPMAN: Thank you.
COMMISSIONER WILLIAMS: Just a comment, Judge. I
think Commissioner Letz touched on something which is really
part of the whole problem, and that is the enforcement and the
ability to enforce what's already in place. I'm going to
suggest that the Road and Bridge people put up another sign
down in that park that gives the telephone number of the
Animal Control -- Rabies and Animal Control people, and if you
folks are -- which I know you are -- responsible, then maybe
you're going to help us police the situation for those who are
irresponsible. And this is not about you. I understand your
concern, and I don't want to get characterized as anti-dog,
'cause I've had dogs all my life and I love them, but it`s
about public safety. That's what it's all about, public
safety, and the use of taxpayer-funded property, unfettered.
And so I think maybe part of the solution is that you help us
police the situation. I`m going to instruct -- or ask the
Court to give me permission to instruct the Road and Bridge
people to put up a large sign that indicates what the
telephone number of Animal Control is, and those of you who
carry cell phones, and I would venture to suggest that that`s
a preponderance of you -- if you don`t, go out and buy one --
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you call Animal Control when you see something that's
improper, that is touching on the privilege that you have.
It's not a right, it's a privilege. And we'll see where that
takes us.
COMMISSIONER LETZ: Commissioner, could we have that
section of law on the signs at the park?
COMMISSIONER WILLIAMS: I don`t know. We can
certainly arrange to put it there.
COMMISSIONER LETZ: That would be -- you know, show
what the -- our law is in the county, and then have the Animal
Control phone number right next to it. And I would suspect
that -- I mean, you could probably go a long ways to solving
the problem by a little bit of enforcement.
COMMISSIONER WILLIAMS: I'm not going to belabor
this discussion, Judge, too much longer, but this -- in this
cover letter, there were half a dozen different topics that
were covered, probably in somewhat of an effort to -- to
diffuse the focus of attention on dogs on or off leash. One
has to do with littering, a complaint about fishermen leaving
bait containers and lines, people who, by someone's
definition, loiter in the park. I -- I don't particularly
like that inference. A lot of people come down there and
enjoy the park over their lunch hour, rest, take a little nap,
eat their lunch and so forth. I don't consider people who are
doing things like that loitering. And other things, some of
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these things that we can probably correct. We'll try to put
some more trash barrels down there. But every time you put
additional trash barrels down there, what you're doing is
inviting those who don't want to take care of their trash in a
proper manner to come use it and let the County take care of
what they should take care of in the normal course of their
domestic life. So, we'll try that, but if we end up finding
we've got 2 tons of domestic trash down there that doesn't
belong in the park, that will end too. That's all I got,
Judge.
JUDGE TINLEY: The sense I have, Commissioner Letz,
is that a sign which essentially informs users of that park
that the animal must be restrained and then giving them the
definitions of what "restrained" means, and then violations
of -- of that should be reported to Kerr County Animal Control
with the phone number. Is that essentially where we're coming
from?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Okay. I'm not sure we need any
particular court action on this. I mean, it's already our
order. It's a matter of bringing it to the public's
attention. Yes, sir? You wanted to be heard?
MR. KELLY: Yes, sir.
JUDGE TINLEY: If you'll come forward and give us
your name and address?
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MR. KELLY: Morgan Kelly, 108 Mesa Del Sol,
Kerrville, Texas.
JUDGE TINLEY: All right.
MR. KELLY: All I wanted to say is, so long as
you're putting a sign up with the telephone number on it, make
sure you put a sign up that has all the telephone numbers, in
case we see anything, that we can call the police, we can call
the County or whatever is appropriate for that action. Fair
enough?
COMMISSIONER WILLIAMS: Sure. Anybody ever tell you
you look like Gene Cerna, the first man to walk on the moon?
COMMISSIONER BALDWIN: Last man.
MR. KELLY: Not yet.
COMMISSIONER WILLIAMS: Last man.
MR. KELLY: I'm 86. I could have done it.
COMMISSIONER LETZ: On the sign, the more numbers
you put up, the more options you give people to call the wrong
number. I mean, the Animal Control issue, maybe could you
have a sign that has a -- other law enforcement. I think the
Animal Control sign needs to be near this particular order,
and then other criminal acts, contact the Sheriff's
Department.
COMMISSIONER WILLIAMS: Or Animal Control will,
obviously, call the Sheriff's Department too.
AUDIENCE: 911.
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COMMISSIONER BALDWIN: Judge, there was a lady with
her hand up, third row back next to the aisle.
JUDGE TINLEY: Do you wish to be heard, ma'am?
MS. CROZIER: I think what I was going to say has
already been said.
JUDGE TINLEY: Give us your name and address,
please.
MS. CROZIER: I'm Priscilla Crozier. I live at 404
Overlook in Kerrville. And I don't think I could be any more
eloquent or repeat any better what this gentleman has already
said. My husband and I enjoy the dog park. We've been there
many times. I do respect that there are incidents that happen
that perhaps shouldn't happen. That can happen anywhere under
any circumstance, and that's what happens in a free society.
I just wanted to add that I think the park is -- we call it
the dog park -- is unique, and I appreciate the opportunity of
having that land available for our dogs to enjoy themselves
and act like dogs. You know, throw the ball, throw the stick
in the water, go swimming and all of that. I've served on the
Park Board before with the city several years ago under Dennis
Kneese, and I know that the parks in Kerrville are available
to dogs under the leash, and so I find the dog park, Flat Rock
Park, very unique and a wonderful place for those of us who
enjoy our dogs having some freedom, so to -- to be able to go
down there and do that. And so I just will reemphasize what
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he already said. Thank you.
JUDGE TINLEY: Thank you, ma'am.
(Applause.)
COMMISSIONER BALDWIN: Judge? I want to make a
comment right quick, please, before we let this label "dog
park" stick. (Laughter.) What's going to happen down there
when the County-sanctioned chili cook-off is going on? Or the
Easter egg hunt, and all of those -- whatever else goes on
down there that we authorize?
AUDIENCE: We put our dogs on a leash then.
MR. PALMER: We leash them then.
COMMISSIONER BALDWIN: I just -- there's possibly --
I foresee a problem with that, dogs running loose through
there with children, or maybe even people that have -- have
had a few beers.
JUDGE TINLEY: Commissioner, my response to that is,
the responsible pet owners are going to use good judgment, and
if -- if there's a lot of activity in that park going on, it's
not going to be conducive to them having the kind of time and
activity with their animal that -- that they really want and
would otherwise use that park for, and they're probably going
to stay away. The irresponsible pet owners, I'm not -- I'm
not sure there's anything you can do besides catch them in the
act and sack them up to solve that problem. You're going to
have that problem when there's no activity or when there's a
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lot of activity in the park. I am -- I'm confident that the
responsible pet owners will use good judgment, as -- as
they're trying to do and have tried to do up to this point.
That's my reaction to that.
COMMISSIONER BALDWIN: Well, I guess what I want to
do is just make everyone aware that there are -- it's not a
dog park, and there are other functions that go on down there.
We could call it the chili cook-off park, too. But -- but I
think -- I agree with you; I think that you're correct that
the people are courteous to one another. However, I just
wanted everybody to understand that it's not an exclusive dog
park; that there are other things happening down there.
JUDGE TINLEY: Yeah, far from it. Yeah, mm-hmm.
COMMISSIONER OEHLER: We might even post a sign that
would say, you know, during events that are -- that are
authorized by the County, the leash law will be in effect.
JUDGE TINLEY: We're going to have to amend this
order if we do that.
COMMISSIONER OEHLER: Right. That might be
something for another time. But I'm just saying, that would
be something we could do just to make that enforceable.
JUDGE TINLEY: I, frankly, am hopeful that that's
not necessary. I think -- like I say, I think irresponsible
pet owners, it's not going to make any difference what you do
or what the rules are. The responsible pet owners are going
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to use good judgment and common sense in their actions down
there. That's my thinking.
COMMISSIONER LETZ: I think --
JUDGE TINLEY: Janie, you had a comment?
MS. ROMAN: I tend to agree with Bruce. The
majority of our bites that occur during that time is because
people -- like, during the chili cook-off or the Easter egg
hunt, because people are allowing their dogs to run at large.
So, it never fails. Every year -- and I can go back and pull
records. Every year, we have, you know, anywhere from one to
two bites occur down at the park. And that's something else
that I need people to understand, that it's extremely
important if there is an animal bite, they -- it`s very
important, it's state law that they contact Animal Control.
COMMISSIONER LETZ: Janie, what's the penalty for
not following our county order, the citation?
JUDGE TINLEY: Janie, will you come to the podium so
people can hear you, please?
COMMISSIONER LETZ: Our rabies order.
COMMISSIONER BALDWIN: Class C, I think.
MS. ROMAN: Yes. The citation can run anywhere from
$100 to $500.
COMMISSIONER LETZ: I think, by what's in here -- I
mean, whenever you have a dog that's going and being a
nuisance, it is a public nuisance, it's not being properly
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supervised, what -- you know, so, I mean, I think the standard
changes some. If they're the only one in the park, it's a
broader standard than if the park's full. By our statute --
by our rules, it's a much stricter standard.
MS. ROMAN: And part of the problem is that we're
not being contacted; therefore, we can't enforce something
that we're not aware of. So, I think putting a sign up with
our phone number is -- is a really good idea, and we can -- I
mean, we can start patrolling it on a regular basis as well.
JUDGE TINLEY: Well, I think -- I think your
presence during these events should probably be a little bit
more visible. That -- that might be of some assistance.
MS. ROMAN: Right. Right. We can certainly do
that.
JUDGE TINLEY: Yes, sir? Again?
MR. KELLY: Yes, sir, I'm full of it. My bank puts
a sign on the door, closed Memorial Day, 4th of July and so
forth. And may I suggest that maybe you could make the same
kind of sign available at the park? Closed to all pets on
cook-off days.
AUDIENCE: Must be leashed.
MR. PALMER: Well, there are people in the chili
cook-off who come in who bring their own animals, so some of
these bites may be from people who are in the -- in the chili
thing.
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COMMISSIONER WILLIAMS: Yeah.
MR. PALMER: Could I get a clarification on
something? Is the park in the city limits or outside the city
limits?
COMMISSIONER WILLIAMS: Most of it's outside.
MR. PALMER: Most of it is outside the city limits?
COMMISSIONER WILLIAMS: The preponderance of it is
outside.
MR. PALMER: Is -- well, I wanted to ask you about
the celebration of the 4th of July. People are allowed to
come down there every year and shoot off fireworks, and they,
of course, leave a mess. And, so, is that -- are they in the
city limits or outside the city limits?
COMMISSIONER WILLIAMS: Mr. Palmer, I would -- I
would ask you to not go there, because that gets us into park
rules and regs, and if you want to do that, I've tried that
game one other time. I'll be happy to bring all that back one
more time.
MR. PALMER: No. No, I'm -- just for my
information.
COMMISSIONER WILLIAMS: You and I can talk
I privately.
MR. PALMER: Okay.
JUDGE TINLEY: We're getting outside the agenda
item. One last shot. Anybody else in the audience have
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anything to offer? Any member of the Court have anything they
wish to offer at this point?
COMMISSIONER BALDWIN: I love this information in
here about the dachshunds, how violent they get sometimes.
MS. CORDER: Oh, they are.
COMMISSIONER BALDWIN: It is funny. You need to
read it.
AUDIENCE: Sir, that's just one person's opinion.
That is not the rest of ours. One person wrote that letter.
She is not here. That is not our opinion. We all wrote some
other good letters in there that didn't do anything like that.
COMMISSIONER WILLIAMS: And she didn't sign the
document.
JUDGE TINLEY: Thank you, ma'am. At this time, I am
going to recess the Commissioners Court meeting, and I'm going
to convene a public hearing for the revision of plat for Lots
109, 110, 118, and 119 of the Y.O. Ranchlands as set forth in
-- of Section 3, as set forth in Volume 6, Page 17 of the Plat
Records, and located in Precinct 4.
(The regular Commissioners Court meeting was closed
at 10:00 a.m., and a public hearing was held in open
court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard -- if you wouldn't mind, please start
your conversation after you're outside the room so that we
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might continue conducting business here. Is there any member
of the public that wishes to be heard -- is there any member
of the public that wishes to be heard concerning the revision
of plat for Lots 109, 110, 118, and 119 of the Y.O. Ranchlands
in section -- Section 3, as set forth in Volume 6, Page 17,
Plat Records? If so, please come forward at this time.
(No response.)
JUDGE TINLEY: Seeing no one coming forward, I will
close the public hearing.
(The public hearing was concluded at 10:01 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I will convene a public hearing
for road changes in various locations.
(The regular Commissioners Court meeting was closed
at 10:01 a.m., and a public hearing was held in open
court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard concerning road changes in various
locations as proposed by Road and Bridge Department? If so,
please come forward at this time and be heard.
(No response.)
JUDGE TINLEY: Seeing no one coming forward, I will
close the public hearing for the road changes in various
locations as proposed by Road and Bridge.
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(The public hearing was concluded at 10:02 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I will convene a public hearing
for the revision of plat for Lots 2 through 11 of Privilege
Creek Ranches, as set forth in Volume 7, Pages 136 and 137 of
the Plat Records, to include road name changes from Privilege
Lane to Turkey Knob, and located in Precinct 3.
(The regular Commissioners Court meeting was closed
at 10:02 a.m., and a public hearing was held in open
court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard concerning the revision of plat for
Lots 2 through 11 of Privilege Creek Ranches, as set forth in
Volume 7, Page 136 and 137 of the Plat Records, including a
road name change from Privilege Lane to Turkey Knob, located
in Kerr County, Precinct 3?
(No response.)
JUDGE TINLEY: Seeing no one coming forward, I will
close the public hearing for the revision of plat for Lots 2
through 11 of Privilege Creek Ranches, as set forth in Volume
7, Pages 136 and 137 of the Plat Records, to include a road
name change from Privilege Lane to Turkey Knob, and located in
Precinct 3.
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(The public hearing was concluded at 10:03 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I will reconvene the
Commissioners Court meeting. At this time, I will call Item
10; consider, discuss, and take appropriate action for
revision of plat for Lots 109, 110, 118, and 119, Y.O.
Ranchlands, Section 3, as set forth in Volume 6, Page 17, Plat
Records, and located in Precinct 4.
MR. ODOM: Good morning, Judge.
JUDGE TINLEY: Morning.
MR. ODOM: This revision is being done under the
alternate plat process to divide four lots into one, 109R, of
262.19 acres. At this time, we ask you to approve this plat
as presented.
COMMISSIONER OEHLER: I will make the motion to
authorize the replat as submitted, Y.O. Ranchlands, four
tracts, 109, 110, 118, and 119.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion?
COMMISSIONER OEHLER: I have a comment.
JUDGE TINLEY: Yes, sir?
COMMISSIONER OEHLER: The Y.O. Landowners
Association is always interested in these things that go to
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replat, or any changes to be made in that subdivision, and I
encourage them to write a letter whenever there is -- that is
going to happen, either in support or being against it. And
they have written a letter in favor of this replat.
COMMISSIONER BALDWIN: Super.
JUDGE TINLEY: Any other question or comment on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. I will call
Item 12; consider, discuss, and take appropriate action for
regulatory road changes. Mr. Odom?
MR. ODOM: Yes, sir. I have three at this time. We
ask the Court to approve the following regulatory changes:
Speed limit, Goat Creek Cutoff from 30 miles an hour to
35 miles an hour; a yield to a stop sign on Greenwood to
Marilyn; and a name change, Staacke Ranch Road to Bear Creek
Road East, which is in uniformity with Bandera County and
Kendall County, is my understanding.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion? All in favor
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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. I will call
Item 14; consider, discuss, and take appropriate action for
final revision of plat for Lots 2 through 11 of Privilege
Creek Ranches, as set forth in Volume 7, Pages 136 and 137, to
include road name change for Privilege Lane to Turkey Knob,
and located in Precinct 3. Mr. Odom?
MR. ODOM: Yes, sir. The following items have been
completed for the revision of plat: Wayne Wells has reviewed
the plan/profile drawings, and all of his fees have been paid;
the routing slip has been completed; all county fees have been
paid; and Ken Kolacny with Matkin-Hoover has submitted the
engineered estimate for the letter of credit for roads and
drainage, and the letter of credit should be available today.
With the letter of credit in place, all subdivision
requirements have been completed. Therefore, I recommend that
the revision of plat for Lots 2 through 11 of Privilege Creek
Road -- Ranches, to include the road name change from
Privilege Creek to Turkey Knob, be approved.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded. Any
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question or discussion?
COMMISSIONER BALDWIN: Is it Privilege Lane or
Privilege Creek?
MR. ODOM: I believe it's Privilege Creek Lane.
COMMISSIONER BALDWIN: Okay.
MR. ODOM: Was the name of the road.
COMMISSIONER BALDWIN: Okay.
MR. ODOM: That's a typo, then. It's going to
Turkey Knob, and I think I explained, that carries it through.
I believe EMS and Sheriff's Department, some agreement has
II' been made, but we want to carry that through, through the
I
phase, if it's extended. And there will be a point that Lane
Valley comes into that. But for EMS purposes, we felt like it
was clearer and safer to bring that -- make that road name
change.
COMMISSIONER BALDWIN: I'm all for it. Can you tell
me exactly what is a turkey knob? (Laughter.)
MR. ODOM: Ask Kendall County. I don't know; it's
not my doing.
COMMISSIONER BALDWIN: I think maybe they're here.
Thank you.
MR. ODOM: Okay.
COMMISSIONER OEHLER: Might be kind of where the
turkeys roost.
COMMISSIONER BALDWIN: Maybe.
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COMMISSIONER OEHLER: Up on the knob, you know, of
the hill. High tree.
COMMISSIONER BALDWIN: Maybe.
JUDGE TINLEY: Mr. Jackson, do you wish to be heard
on this item?
MR. JACKSON: No, Your Honor.
JUDGE TINLEY: All right. Any other question or
comment on the motion? All in favor of the motion, signify by
raising your right hand.
(Commissioners Baldwin, Williams, and Oehler voted
in favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let the
record reflect that Commissioner Letz neither participated in
the discussion, and he abstained from voting on the matter.
Okay.
COMMISSIONER BALDWIN: Y'all have a nice trip.
JUDGE TINLEY: Let's go back to the beginning of the
JUDGE TINLEY: Yeah?
COMMISSIONER WILLIAMS: We have a guest here from
Austin on this Number 16.
JUDGE TINLEY: Okay. All right. We will move,
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then, to Item 16; consider, discuss, and take appropriate
action to authorize Grantworks to file an application with the
Office of Rural Community Affairs for 2007 Texas Community
Development Block Grant under the Colonia Planning Fund in the
amount of $30,000 for a study of Center Point, Westwood Park,
and Hill River Country Estates. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. This is
an opportunity to get some more planning funds, which we have
in the past done. And my discussion with Grantworks was to
sort of focus attention on some of the issues that are
probably important not only today, but moving forward in the
future in some of the areas that definitely can stand some
additional planning. I have a representative from Grantworks
here to assist in this discussion. Betty, would you like to
come identify yourself and give your name to the Court,
please?
MS. COLLIER: My name is Betty Collier with
Grantworks out of Austin. This plan, which we did a
county-wide plan back in 2002, where we mapped the whole
county and went in and identified some of the assisted areas
that were lower income areas, and some of the areas --
services that were provided in areas and services that weren't
provided in other areas. We're looking at doing what they
call a colonia area plan, which allows us to go back in and do
a concentrated study on just an identified target area, which
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we're looking at Hill River, Westwood Park, and Center Point,
to do a more comprehensive study on those areas to work in
conjunction with your Water Development Board, planning
activities that they're working on at this time. This plan
would consist of housing and land use conditions, and would
provide a 911 map, incorporate -- incorporation of CAD lot
line data on base maps, which have been in the past
unavailable. We would also do a study on streets and drainage
in those areas with our staff engineer doing some analysis of
your needs and some of the solutions for that process, and
then also provide mapping overlays on -- of housing, land use,
drainage, streets onto digital aerial photos, which we found
have been very helpful to be able to use in our planning
studies, because if we can't see a building out behind all the
trees, these aerial photos typically show us a roof back in
there that we can identify.
COMMISSIONER WILLIAMS: The cost of the study would
be about $30,000?
MS. COLLIER: It would be $30,000, would be all the
State would allow on that.
COMMISSIONER WILLIAMS: And that's what the
application is for, $30,000?
MS. COLLIER: $30,000.
COMMISSIONER WILLIAMS: There is no grant match
required by the county; is that correct?
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MS. COLLIER: No, sir.
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: I move approval --
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Baldwin?
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: -- of the agenda item as
JUDGE TINLEY: That was a second, Commissioner
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: All right. We have a motion and a
second. Any question or discussion on that motion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.}
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Thank you
very much.
COMMISSIONER WILLIAMS: Thank you for coming, Betty.
MS. COLLIER: Thank you. We`ll get on it.
COMMISSIONER WILLIAMS: Thank you, Judge.
JUDGE TINLEY: Okay. Now, let's go back to the
front of the agenda. Item 1, consider, discuss, and take
appropriate action regarding agreement to commit to a one-year
contract with Direct TV for access to viewing and satellite TV
for the Juvenile Detention Facility. Mr. Stanton?
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MR. STANTON: Good morning. One of the -- one of
the things that we've run into out there since -- since we
changed over -- well, it's always been that way -- is that we
haven't had access to any kind of television or local
television system, or any type of television system. We allow
educational videos and that kind of thing to be shown to the
kids, and since I've been out there, I've worked with four
different groups. I've worked with two -- two different
people from Dish Network, and also worked with Time-Warner.
And, unfortunately, those three -- the least amount that it
would cost to get everything set up and out to the facility
has been about $1,155. I was in contact with Direct TV the
other day -- about a month ago, and they've agreed to come
out, provide all the programming and the installation of
everything that we need for an initial start-up cost of about
$499. And the impact on this budget year would be about $620
total for the programming and the initial -- the receivers,
the dish, everything. Next year, the total impact on the
budget will be around $900 for programming. And I'm just
asking that the Commissioners consider allowing us to do this
out there at the facility.
COMMISSIONER WILLIAMS: Does this system have the
filters to filter out programming that you don't want in
there?
MR. STANTON: It'll have the ability to do that.
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All the receivers will be placed in the control room, so the
kids won't have access to the receivers to be able to change
the channel or anything like that. The only people that will
be able to change the channels are the control room operators.
But, yes, sir, they -- it does have filters. We are also
getting a business package, which cuts out a lot of the stuff
that -- a lot of the channels that they don't need access to
begin with.
COMMISSIONER WILLIAMS: Is this money in your
~ budget?
MR. STANTON: Yes, sir. It's -- I'm sorry. Yes,
sir.
COMMISSIONER BALDWIN: Now -- go ahead.
MR. STANTON: I was just going to say, yes, sir, it
is in the budget this year, and it's in the proposed budget.
There's actually some additional money in the proposed budget
that I thought we were going to have to go with one of these
higher-priced alternatives, where -- and it's in our proposed
budget for next year also.
COMMISSIONER WILLIAMS: You have television monitors
in each of the dorms?
COMMISSIONER BALDWIN: I get to ask that question.
Do you have televisions out there already?
MR. STANTON: Yes, sir, we have the televisions.
COMMISSIONER BALDWIN: And what have they been doing
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if you haven't had any television service?
MR. STANTON: We have DVD's that the kids -- we --
we try to go out and rent educational -- different types of
DVD's for the kids to watch. One of the really neat things
is, this is going to help us -- we're going to be able to put
the televisions actually in the -- in the different wings or
I the different dorms, so we won't have to mix the males and
females when we're viewing different videos and stuff like
that. Right now, we're having to bring them all out in the --
in a general area and show them everything at one time, where
this way we'll be able to separate the boys in one wing and
the girls in another wing, and be able to show different
videos -- or different -- different viewing choices.
COMMISSIONER BALDWIN: I see one of the -- one of
the stations here available to you is one of my favorite, and
I highly recommend it. The Military Channel.
MR. STANTON: We can definitely show a lot of that.
COMMISSIONER BALDWIN: 24.
MR. STANTON: 24 hours a day?
COMMISSIONER BALDWIN: I think it`s a great idea,
myself.
COMMISSIONER WILLIAMS: I move approval of the
proposal by Mr. Stanton to commit to a one-year contract with
Direct TV, and installation for access to viewing satellite TV
for Juvenile Detention Facility.
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COMMISSIONER BALDWIN: And, let's see. We're going
to have to have the Judge to sign an agreement?
COMMISSIONER WILLIAMS: Yes, sir, and the County
Judge sign that Direct TV agreement.
MR. STANTON: And, Judge, I have a -- they just
faxed me a new agreement. Wording changed in 2007, so -- oh,
let Mr. Emerson review it.
JUDGE TINLEY: Subject to County Attorney`s
approval, of course.
COMMISSIONER WILLIAMS: Subject to the County
Attorney's approval.
COMMISSIONER BALDWIN: There you go.
JUDGE TINLEY: You made the second, Commissioner
Baldwin?
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: That's what I thought. We have a
motion and second as indicated. 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 does carry. We'll move
to Item 2; consider, discuss, and take appropriate action
regarding revenue for the current budget year. This is the
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detention facility, Mr. Stanton?
MR. STANTON: Yes, sir. This was originally
supposed to be on the agenda -- or the Commissioners Court
agenda approximately two meetings ago, so the information that
you -- that you guys currently have is about a month old.
I've updated -- updated that information, and I'll just go
over it with you real quick. There are -- if you'd look at
the -- if you look at the very -- the second page, that's a
breakdown of the revenues and the expenditures for the
remainder of this budget year. Our -- our total expenditures
so far this year have been about $590,000. We've got an
expected expenditure total of about 131 for the remainder of
the year. Up at the top is our revenues, and that's -- the
number at the bottom of the page is our estimated revenue --
or estimated reserve balance.
JUDGE TINLEY: Essentially, what you're telling us
is that -- that based upon what was originally budgeted, both
revenue and expenditures, expenditures are a little bit below
that which were anticipated, and revenue is considerably in
excess of what was anticipated when we established this
budget?
MR. STANTON: Yes, sir.
JUDGE TINLEY: Okay. It's a good picture.
MR. STANTON: The second page -- or the third page
is basically a breakdown of the revenues for the -- this is
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actually just -- is only considering the kids or the billing
that we do per month, and that's the total of the billings.
Actually, the number that is -- that is budgeted in -- on the
official budget as the projected revenue was only $280,000,
which is significantly lower. If you look at the next page,
if you look -- there's one that has a total projected revenue
of 328,500 up in the top left-hand corner. That is what our
projected revenue would be at $90 a day, averaging 10 kids a
day out there. And that's a breakdown of that. If you flip
to the second --
COMMISSIONER WILLIAMS: What are we charging now?
MR. STANTON: We're charging $90 a day.
COMMISSIONER WILLIAMS: Okay.
MR. STANTON: What was -- what was placed in the
budget or put in the budget was the next page, which was
$280,000. So --
COMMISSIONER LETZ: Kevin, can you go back to your
first numbers page?
MR. STANTON: Yes, sir.
COMMISSIONER LETZ: You have estimated ad valorem
I taxes.
MR. STANTON: Yes, sir.
COMMISSIONER LETZ: How did -- that facility doesn't
get -- how does that -- where's that number come from? Is
that money that's coming out of the general fund to support
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the facility?
MS. WILLIAMS: Yes.
JUDGE TINLEY: That's the amount of the ad valorem
taxes allocated to --
MS. WILLIAMS: To fund that facility.
JUDGE TINLEY: -- fund the operation of this
I facility by the Auditor.
COMMISSIONER LETZ: Do we have a -- does it have a
separate small tax rate in our big tax rate?
MS. WILLIAMS: Yes.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: Is that estimate -- is that
allocation for operations, or is that operations and debt
service?
JUDGE TINLEY: Operation only.
MS. WILLIAMS: I think operations only.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Yeah, there's a separate line item
for the -- for the 2005 Certificates of Obligation. There's a
separate entry for that.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Where -- on that same page, why
don't you show the -- the last page, there's total billings of
292,759 so far.
MR. STANTON: Mm-hmm, yes, sir.
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COMMISSIONER LETZ: Why doesn't that show -- or
where is that on the revenues?
MR. STANTON: It's in the current cash account.
It's part of the current cash account, along with the
estimated revenues for July, August, and September.
COMMISSIONER LETZ: Okay. So, of that, the --
almost 200,000 of that is Kerr County funds coming from
another pot.
COMMISSIONER BALDWIN: 68 percent.
COMMISSIONER LETZ: Right. So -- but if you take
out that 200,000, we're almost at a break-even point on that
facility, which -- to the taxpayers of Kerr County as a whole.
Am I looking at that right? Well, no, 'cause we have that
revenue --
revenues.
it.
COMMISSIONER OEHLER: Actually, we're in excess of
COMMISSIONER LETZ: It's 540,000 that's going into
JUDGE TINLEY: There's two components for the
income -- for the revenue to the facility. One is the amount
of ad valorem taxes allocated based upon the budgetary
expenditures. The balance of that is the anticipated revenue.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: And --
COMMISSIONER LETZ: So, the facility's costing about
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500,000 a year, total.
JUDGE TINLEY: Yeah, little less than that.
MR. STANTON: Little less than that.
JUDGE TINLEY: Based upon these numbers.
COMMISSIONER LETZ: Which is a lot better, which is
good. And most of that -- or a good part of that money,
almost half, we're going to spend whether we have a facility
or not. We're going to spend it somewhere.
COMMISSIONER WILLIAMS: You're going to send those
kids someplace.
JUDGE TINLEY: Well, when you have additional
expenditures in the way of transportation costs, personnel
costs, and -- and those expenses would be greater --
COMMISSIONER LETZ: Right.
JUDGE TINLEY: -- if it would be expended elsewhere.
COMMISSIONER LETZ: It's a good picture.
COMMISSIONER WILLIAMS: It's a good picture.
MR. STANTON: Real quick, if you just look at the
very last page, Commissioner Letz has mentioned, that's a
breakdown of the counties that we contract with, along with
the percentages of the overall population, the billable days
and that kind of stuff, so it's real informative. Our biggest
jump, I guess, has been with Burnett County. Prior to this,
we didn't have any Burnett County kids, so we're starting to
get those kids, and so the percentages, we -- Kerr County
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still is, like Commissioner Baldwin said, about 64 percent of
our business.
COMMISSIONER BALDWIN: 68.
JUDGE TINLEY: Total revenue.
MR. STANTON: Oh, total revenue is 68, yes, sir.
Overall population is 64.
COMMISSIONER BALDWIN: I see what you're saying.
COMMISSIONER WILLIAMS: And from other counties,
these are all preadjudicated?
MR. STANTON: Yes, sir, everything is
preadjudicated.
COMMISSIONER WILLIAMS: Good picture.
JUDGE TINLEY: Thank you, Mr. Stanton. Any other
questions or comments?
COMMISSIONER BALDWIN: I want to say that we did
something right here, and this thing is a glowing report
compared to where we were at three years ago. So, I commend
you gentlemen and Mr. Stanton for coming together and making
these kind of decisions, as painful to the taxpayers that it
wasn't done prior to us receiving the facility, but
nevertheless, it's a done deal, and did some good work.
COMMISSIONER LETZ: Do we have any action to take on
this?
MR. STANTON: No, sir.
JUDGE TINLEY: No, just information. Any member of
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the Court have anything further to offer on this item? Let's
move to Item 3; consider, discuss, and take appropriate action
on approving contracts for emergency services between C.
Burkett and W. Brown with Kerr County Juvenile Detention
Facility. Mr. Stanton again.
MR. STANTON: Yes, sir. We were unfortunate that we
lost our nurse that we currently had out at the facility, but
we've been lucky enough to be able to contract with
Ms. Burkett and Ms. Brown to provide those services for us out
there at the facility at the same cost we were paying the
other nurse. And Ms. Burkett's going to be our -- our main
nurse. Ms. Brown is going to fill in for her when she can't
be there or when we can't get ahold of her. And we -- at the
current rate, we're billing out -- or they're billing us at a
rate of $35 an hour.
COMMISSIONER WILLIAMS: That's been a standard rate?
MR. STANTON: Yes, sir, that's -- no, sir, it's the
rate that we've been paying for the last couple years.
JUDGE TINLEY: Essentially, what you've got is
you've got a primary and an alternate, where before you just
had one to call on?
MR. STANTON: Right, yes, sir.
JUDGE TINLEY: And now you've got an alternate, and
the rate has not increased?
MR. STANTON: Right, yes, sir.
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COMMISSIONER LETZ: The contract's -- County
Attorney's reviewed it?
MR. EMERSON: It's the same one we used. We put it
together a couple years ago.
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any further question or discussion?
COMMISSIONER WILLIAMS: I've got a comment after we
vote, Judge.
JUDGE TINLEY: I assume that includes my authority
to sign it?
COMMISSIONER LETZ: Yes, sir.
JUDGE TINLEY: Okay. Question or comments?
COMMISSIONER WILLIAMS: I just want to -- I think
it's linked close enough that the County Attorney won't slap
~ my wrist. But --
COMMISSIONER LETZ: But he might.
COMMISSIONER WILLIAMS: But he might.
JUDGE TINLEY: I wouldn't give him a heads-up if it
~ were me .
COMMISSIONER BALDWIN: Let me move out of the way.
~ COMMISSIONER WILLIAMS: But we've had inquiries
about leasing the facility, Judge, and I've dealt with some of
those, and I just want to tell the Court that they're both
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still alive. Both -- both groups that are interested
seriously in leasing the big facility are very much still
alive. Their applications have gone through several loops at
T.Y.C., and they're just awaiting -- both groups are really
awaiting final word from T.Y.C. with respect to issuance of a
contract. Now, the single most compelling issue, other than
having to sit down and negotiate with us, is the educational
component issue, and the group out of Colorado has indicated
that they are very confident that they can fashion an
agreement with a charter school in San Antonio to provide
those educational services. I assume that the other group --
you've talked to the Eckerd group, have you not, Mr. Stanton?
MR. STANTON: Yes, sir, I have.
COMMISSIONER WILLIAMS: And they're also working to
satisfy that requirement that has to happen. So, if -- if
that takes place and if the contracts are issued, then I think
we'll find ourselves in a very good position of having two
suitors for that facility, and negotiation ought to be
interesting.
JUDGE TINLEY: Thank you. Any other question or
comments?
(Low-voice discussion off the record.)
THE CLERK: There's a motion and a second.
JUDGE TINLEY: Motion and second. 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: That motion does carry.
COMMISSIONER WILLIAMS: Thank you, Kevin.
MR. STANTON: Judge, there was just one other thing
I wanted to mention real quick on the nurse situation.
JUDGE TINLEY: Yes?
MR. STANTON: I wanted to thank Ms. Eva Hyde for
assisting us in finding our nurse. She -- I really didn't
know how to go through accessing her, trying to find a nurse,
and she found me one in about 10 minutes.
JUDGE TINLEY: Found you two, looks like.
MR. STANTON: Two, yes, sir. So I wanted to take
this time to thank her.
JUDGE TINLEY: Thank you, Ms. Hyde. We appreciate
your work. Item 4, is there any need to go into executive on
that item?
MS. HULETT: I don't think so.
JUDGE TINLEY: Okay. Let me go ahead and call Item
4; consider, discuss, and take appropriate action on a
salary/status adjustment for O.S.S.F. Inspector since he has
acquired training, passed examination, and received Designated
Representative license effective June 27, '07. This deals
with our new O.S.S.F. Inspector, who obtained his
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certification as Designated Representative. Essentially, what
you're asking for is an educational step increase under our
existing policy, which provides for step increases for
longevity and educational attainment?
MS. HULETT: That is correct.
COMMISSIONER LETZ: I don't -- personally, I don't
think it requires our action, but I'll be glad to do it. I
think it comes automatically. I mean, I know that -- I mean,
you know, Road and Bridge people do it, and the Sheriff's
people, they'll automatically get the increases when they get
the educational advancement. I think this needs to be
coordinated with the H.R. Department.
COMMISSIONER OEHLER: I wasn't sure. That's why I
put it on the agenda.
MS. HYDE: We also just wanted to make sure, because
there are several educational certifications that this office
can go through, so we want -- we discussed before, when it's
one that's required for their job.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER OEHLER: What will the new step and
I grade be?
MS. HYDE: A 17.
MS. HULETT: 17-6.
COMMISSIONER LETZ: From a 17-5. 17-5 to 17-6. We
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can certainly vote on it and do it.
COMMISSIONER OEHLER: I move that we authorize a
salary increase for educational training received by Roy
Shaver, Environmental Health Department, to go from a 17-5 to
a 17-6.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Will that be effective July 1 of this
year?
COMMISSIONER OEHLER: Yes, be effective next pay
period.
JUDGE TINLEY: We have a motion and second as
indicated. Any question or discussion on the motion?
MS. HULETT: What was the effective date again, sir?
JUDGE TINLEY: July 1.
COMMISSIONER OEHLER: Effective July 1.
JUDGE TINLEY: His certification was June 27, it
appears to me.
MS. HULETT: Yes, that is correct.
JUDGE TINLEY: We didn't get it until after the
first of the month, but there'll have to be some adjustment
made via the Treasurer, but I'm sure they can work that out.
MS. HULETT: We didn't receive it till July 5th.
That's the reason we didn't present it sooner.
JUDGE TINLEY: Any other questions or comments?
COMMISSIONER BALDWIN: I just want to make a
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comment. This is one of the best things we do, I think.
JUDGE TINLEY: Any others? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go
ahead and take about a 15-minute recess.
(Recess taken from 10:31 a.m. to 10:50 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if we
might. We'll go with Item 7; consider, discuss, and take
appropriate action to change private road name from Louise
Ehler to Barbary Way. Mr. Odom?
MR. ODOM: Yes, sir. Well, I really -- pardon me.
I just --
COMMISSIONER LETZ: I can go over it real quick.
MR. ODOM: Basically, this is in Commissioner Letz'
area, but this has been requested by the property owners
around there, is my understanding of the background on it, and
that they asked to change the name to Barbary Way from -- I
can't remember the name.
COMMISSIONER LETZ: Louise Ehler.
MR. ODOM: Louise Ehler.
COMMISSIONER LETZ: It's a situation -- this road
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was questionable whether it was County-maintained for a while.
We determined it is not a County-maintained road; it gets to
be a private road, which means the property owners can change
it. And they all have reluctantly agreed to this name.
COMMISSIONER WILLIAMS: Reluctantly?
MR. ODOM: And that road was built when we built
Lane Valley. That was a detour route at one time, so that's
how it even came about that we were involved in it.
COMMISSIONER LETZ: We have documentation that all
property owners support this.
MR. ODOM: Support that. There was -- r tr;nU ,r
your packet was a --
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the agenda item. Any question or discussion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Item 8;
consider, discuss, and take appropriate action to accept a new
letter of credit for Vistas Escondidas de Cypress Springs
Estates located in Precinct 4.
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MR. ODOM: Yes, sir. Final plat of Vistas
Escondidas de Cypress Springs Estates was approved July of
2006, with a letter of credit to cover the road and drainage
improvements. That letter expires the 24th of July of '07,
and the roads are not completed as of yet. When this plat was
approved, there was a one-year time frame for completing the
roads. The current rules allow a two-year span. The
developer is asking for an extension and is offering a new
letter of credit in the same amount, for a quarter of a
million. At this time, we ask the Court to approve the
extension and accept the letter of credit for Vistas
Escondidas de Cypress Springs Estates.
COMMISSIONER OEHLER: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
as indicated. Any question or discussion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 15; consider, discuss, and take appropriate action to
adopt a policy for adding items to the Kerr County web site to
inform employees of nonofficial information. Ms. Hyde?
MS. HYDE: Coming.
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COMMISSIONER BALDWIN: Mrs. Hyde, help me -- help me
understand completely. Why are you doing this, and the I.T.
guys is not?
COMMISSIONER LETZ: I think we asked her to.
COMMISSIONER BALDWIN: We did?
MS. HYDE: Yes, sir.
COMMISSIONER BALDWIN: Thank you.
MS. HYDE: You were just checking.
COMMISSIONER BALDWIN: Did you do a good job?
MS. HYDE: Yes, sir. This policy was approved with
the I.T. guy, and the second I.T. guy, which is Brad here in
the back. The first I.T. guy is on a mission right now, so he
couldn't be here, but it's real simple; it's just one page.
The County reserves the right to select any and all postings
that are displayed. That way, if something comes through that
we don't approve of or feel that is not part of what we
intended, then it can be said no to.
COMMISSIONER LETZ: Kerr County reserves the right
to. Who's the "Kerr County" that makes that decision? I see
different fingers pointing different ways.
MR. ALFORD: As far as I'm concerned, it'd be
Commissioners Court. If it's something real simple -- what we
talked about at the last meeting was if something's real
simple, like Market Days, 4-H, it can just go through Jody.
Something a little bit more complex than that, a church, a
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garage sale, whatever the case may be, it would go through
Commissioners Court.
MS. HYDE: Right, but Jody would put it on the
COMMISSIONER LETZ: Okay. And there's two --
there`s two pages. This is the community event calendar,
which allows for unofficial information to be posted, like a
spaghetti supper for an employee that -- that needs some help.
Maybe their house burned down, or they might be a cancer
victim or something like that. And then there's also the
community links page which you asked me to do, which has
community links. So, 4-H could put their link up, veterans --
Hill Country Veterans can put their link up, the V.A., Better
Business Bureau, whatever. And it would just be straight
links, no pictures, no information, no enforcement by the
County. It's just a straight links page like other counties
have.
COMMISSIONER WILLIAMS: Page 2 of your handout,
Ms. Hyde, is that --
MS. HYDE: Yes, sir.
COMMISSIONER WILLIAMS: That's a standard form now?
It's been developed?
MS. HYDE: Just a --
COMMISSIONER WILLIAMS: So that we're reducing the
amount of work the webmaster has to do?
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MS. HYDE: Yes, sir.
COMMISSIONER WILLIAMS: So these cases are not
creating a lot of additional work?
MS. HYDE: No, sir. That way it can be copied and
~ pasted.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: What about --
MS. HYDE: And then the calendar itself.
COMMISSIONER BALDWIN: Let me ask you my question
while you're looking for the calendar. What about J.P. 1's
retirement party that we're having? Is that the kind of thing
that you would put in here to notify --
MS. HYDE: Sure.
COMMISSIONER BALDWIN: -- employees?
MS. HYDE: Sure, if y'all feel like that -- that's
an acceptable -- yes, sir.
JUDGE TINLEY: Sure it would be.
MS. HYDE: It's unofficial. It's not --
COMMISSIONER OEHLER: Birthday party for you might
not be a...
COMMISSIONER BALDWIN: Big candles. You'd have to
get Holloway's approval.
COMMISSIONER WILLIAMS: Have to move it to a tent to
I do it.
JUDGE TINLEY: The County Attorney had a question.
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MR. EMERSON: I have a quick question. I may be
reading this too literally, but the first sentence, second
paragraph, says, "Request for posting may be sponsored by any
county official." Does that mean it has to go through a
county official?
MS. HYDE: We're requesting that if somebody has a
posting, it comes through a county official. Now, I don't
know whether it's a department head, but a county official.
Or they come in and request it.
JUDGE TINLEY: For example, if someone in your
office -- Christine, for example -- wanted to have something
posted, she would clear it through you, and then it would come
up, and same with other departments or elected officials'
offices.
MR. EMERSON: That's fine. I just wanted to make
sure I understood.
MS. HYDE: The thought process was it would reduce
some of the things that might have to come to Commissioners
Court.
COMMISSIONER LETZ: So, like, if Little League wants
to put their sign-up dates here, they have to come to someone
in the county to get that person to put it on for them? They
can't come --
MS. HYDE: They could holler at y'all, and y'all
just tell Jody, yes, they've talked to us.
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COMMISSIONER LETZ: Okay, that's good.
MS. HYDE: We're trying to make it simple. And then
this is the calendar that Brad put together.
COMMISSIONER LETZ: Is there one calendar -- this
one says County Events. Is there one for county events and
one for community events?
MS. HYDE: Well, it's just a title. We're going to
change the title so that everything matches, all of them
match.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Well, where is -- is this
form going to be in the hands of other folks so that we're
operating from one uniform form, and not just backs of
envelopes and napkins and so forth?
MS. HYDE: Yes, sir. And that way, it can be put
onto the calendar if need be as well.
MR. ALFORD: They're going to download that off the
internet; we`ll have that posted. This -- both pages will be
on the internet so they can simply go in, copy it, and then
forward it to Jody or to one of y'all, whoever. So, it will
be real easy. Hopefully, most of them will be typed so we'll
be able to read them.
JUDGE TINLEY: Any other questions or comments?
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
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JUDGE TINLEY: I have a motion and second.
Questions or comments on the motion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
{No response.)
JUDGE TINLEY: That motion does carry. We will move
to Item 17; consider, discuss, and take appropriate action to
approve '05-'06 Management Discussion and Analysis as part of
the outside independent audit. Commissioner Letz?
COMMISSIONER LETZ: I think in the packet there's
the -- the draft that I hand-wrote this year. Might not have
been as timely as it should have been, but I did get to it,
and I believe it's probably -- is it in the new audit book
that we got too?
MS. HARGIS: Should be.
COMMISSIONER LETZ: It's in the audit book. A
little bit of a time -- a grant was being held up in Austin
because I did not write it on time, so it was kind of sent
off, and it's -- we're kind of approving it after the fact a
little bit.
COMMISSIONER WILLIAMS: Would that be a grant I'm
interested in?
COMMISSIONER LETZ: No -- well, you may be
interested in it, but nothing to do with anything with you
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COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: It was --
JUDGE TINLEY: Criminal Justice.
COMMISSIONER LETZ: -- a Criminal Justice grant.
COMMISSIONER WILLIAMS: Okay. I knew the Water
Development Board required it.
COMMISSIONER LETZ: It's pretty much the same form
as prior years. Just kind of goes over the highlights as I
saw them. It was a -- not an extraordinary year from big
events. Things happened both the year before and the year
after, from things like lawsuits being settled and Juvenile
Detention Facility, things of that nature. So, it's -- I
guess the biggest thing that I came across when I was writing
it is that our reserves at the end of that year were at an
all-time low since I've been a Commissioner, at 19.7 percent,
and that was related to the prior year, really, on the
Juvenile Detention Facility. And I think it's already
recovered to about 22 percent or so at this point. But, there
it is, and I make a motion to approve it.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion?
COMMISSIONER BALDWIN: I just wanted to say, Jon
goes to a lot of trouble, and you look at the thing; it is --
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it's a fairly major undertaking, and I appreciate him doing
that. However, it is -- it is the most boring reading I have
ever done in my life. It's horrible.
COMMISSIONER LETZ: Exciting. It's exciting stuff.
COMMISSIONER BALDWIN: No.
COMMISSIONER LETZ: Jeannie and I like it.
COMMISSIONER BALDWIN: Yeah. Y'all have fun.
COMMISSIONER WILLIAMS: It's good bedtime reading,
'cause it puts you to sleep.
JUDGE TINLEY: Commissioner, based upon Commissioner
Letz' enthusiasm for the subject matter, I think it's
appropriate that we allow him to continue that enthusiasm in
future years.
COMMISSIONER WILLIAMS: Oh, I agree with that.
COMMISSIONER BALDWIN: I am so exited. That's what
we do here, is let people be all that they can be.
COMMISSIONER WILLIAMS: Right, focus on that.
COMMISSIONER BALDWIN: Focus on that.
COMMISSIONER OEHLER: That's an understatement.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay. Any other comments or
questions 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.
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(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 18; consider, discuss, and take appropriate action
regarding 2006-2007 outside independent auditor and authorize
an RFP or an RFQ as required. Commissioner Letz, you placed
this on the agenda.
COMMISSIONER LETZ: I put this on the agenda. We've
talked about this previously. We've been using Pressler
Thompson since 1993 as our outside audit firm, and I really --
I'll turn it over -- I think Ms. Hargis has some input as to
what we should do in this area. Jeannie?
MS. HARGIS: Well, I'd like to suggest that we not
change this year, because I'm new, and it would be kind of --
we're so late in the year. If we did it, like, in January or
February so that I would have more time to investigate
different firms -- there's not a lot of firms that do
governmental work, and you need to be sure that they're
competent, that they have done them before, that they're not
sending in a fresh team that really doesn't know what they're
doing. And I've trained a lot of them over the years, and I
really prefer not. There is also a new -- it's called SAS;
it's a Statement of Auditing Standards, and it goes into
effect this year, and it concerns internal control. And
what's happening in the state is that the auditors are having
to write people up for internal control weaknesses that
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they've been doing for years, that wouldn't have normally been
written up. But this is -- is one of the Enron statements
that we have to comply with this year. It's kind of like
GASB; it's been phased in. And a lot of these things I would
I
think if you -- if we stay with an auditor that we -- has
already been doing our work, they know what our system of
internal control is and they're aware of it. A new auditor
might find a weakness that -- that's really not a weakness,
but because they've never done our audit before, that might
occur, and because I've not been here long enough to, you
know, go over that.
What I'd really like to do is have the opportunity
to put a lot of internal control things in place, and then
change auditors. And that would give me that opportunity,
because I need about six months to go through and implement
some plans that I have to -- and I need to learn a little more
as to where I need to put additional measures. I don't know
that we necessarily have that many problems, but it just gives
me an opportunity to evaluate the system of internal control
by going through it with another firm that's already been
here. But if -- if you want to change, I have gotten a couple
of names, but I'd like to get, you know, a few more. There
are -- this side of the -- of the state has auditors that they
use. I'm more accustomed to the east -- east side of the
state, and I know some firms over there. A lot of the firms
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are going out of this kind of business, because it's -- it's
costly. They don't make a lot of money, because it's pretty
time-intense. So, I think that you probably do need to
change. I just wish that we could wait maybe until I get my
feet on the ground a little bit better, but that`s up to
y'all.
COMMISSIONER WILLIAMS: We've had this discussion
several times during the year, and it always seems to focus on
internal controls in one category or another that either have
been ignored, perhaps are missing or whatever. And I -- I
referenced this subject to the Court some time ago, because it
seems to me that we have been with this firm an inordinate
length of time, and typically, from my experience -- I'm going
to ask you what your experience is -- governmental agencies
tend to change every three to five years, sometimes five.
What has been your experience?
MS. HARGIS: It's just across the board. It just
depends. And keep in mind, my -- my experience with counties
is not as great as with cities and small municipalities.
Generally speaking, if -- if the Court is pleased with that
auditor and they feel they're getting the document that they
need, they'll stay. Montgomery County had a local firm that
was doing it for years, and they changed and went to another
firm for three years, which is a pretty big firm out of Waco,
and they kind of specialize in audits. They were not pleased
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with their document. They were not pleased with the results,
and they went back to the local firm. One of the -- the
advantages of using a local firm is that you can call them up,
and -- and they generally don't charge as much of an hourly
fee once an audit`s done or if you have a question. And
those, I think, are more frequent now because of the changes
in GASB and with the SAS's.
We do know that, fortunately -- I don't know if it's
fortunately or unfortunately, and I don't know if Texas pushed
the point, but GASB Board is going to be disbanded. And
exactly when, I don't know, but they have decided that they
have gone over their powers, and so they're going to be --
they're not going to do away, however, with what they've
written. They're just going to disband the board, and there`s
another board that's been in effect since financial
accounting's been in place, and that's called FASB, which is
your Financial Accounting Standards Board. So, they're just
going to fold them up into there, but they're going to --
they're going to be concentrating more on the whole financial
picture rather than just on governmental. GASB's board is
made up of, unfortunately or fortunately, mostly professors
and your big six -- big four people that have done a lot of
these type of audits, and they just got carried away. They've
just -- they just keep writing. Originally, it was supposed
to stop with five statements, and now we have close to 60, so
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it's ridiculous.
JUDGE TINLEY:
get responses to an RFQ
qualifications is issue
kind of response should
year's audit?
Ms. Hargis, in -- in attempting to
for a new auditing firm, a request for
~. If that's issued in August, what
we expect from that for the current
MS. HARGIS: Well, that's why we need probably at
least five or six firms to pick from. Because, generally
speaking, they've already got their -- especially with
governmental audits, their team's already ready to go out and
in place. So, we really have about 60 days before your
year-end, and that means that they're going to have to see
whether or not they have the time frame for us, so we may hit
some firms that -- that'll just turn us down because they just
don't have the capability.
JUDGE TINLEY: Because they've already got their
schedule?
MS. HARGIS: They've already got their schedule in
place, and it's full, and they don't have the staff. And the
firm out of Conroe that I really like a lot -- I'm not sure,
but I would send to it them, but I don't -- their head audit
person left, I guess, about eight or nine months ago. She was
excellent, but I don't know whether they've hired someone to
replace her. But they have extensive experience in county
auditing. The firm the City's using is a governmental audit
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firm there out of Abilene, and I did e-mail her and ask her if
she would be interested. I haven't heard from her yet. So,
we just have to send out something to see if there was even
interest or time. And I'd almost rather send out an e-mail
and say, "Do you have the time?" before I bother even going
ahead and sending it out to them and getting no response at
all. I did talk with a gentleman who worked with me on the
single audit committee, and he does Lampasas County, and he
also audits counties. And he said that he would send me a
couple of names, and I haven't gotten those yet either. So, I
mean, we can do it. It's just going to be tight, and we
probably won't get them in here to do the field work until
November, 'cause we're not going to be the first on their
list. You know, they're going to fit us in, so it may take us
a little longer to get the audit. It's just up to y'all.
COMMISSIONER LETZ: What -- when -- normally or best
case, when would they start doing the audit?
MS. HARGIS: They like to really get the
notification that they're going to do it the following year.
So, you know, any time between now and, say, January or
February, because they set their calendars probably the first
of January. I mean, they set our -- like, with the city,
they're going in next week -- following week to do field work,
early field work, because that helps to speed up the process.
And especially if you've got -- keep in mind, it's -- 90
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year-ends are really a disaster. Like, in Harris County, you
have 650 water districts with year-ends. They finally had to
get some of them to change. You got the county, you've got
all the schools, and most counties and cities want theirs in
December, the counties especially, and school districts. But
I don't know exactly when you get yours, but if we don't put a
time frame on them that they have to be done, since you don't
submit yours to GFOA -- if you submit it to GFOA, we'd have to
have it in-house, and you would have to approve it about the
1st of March for me to get it ready to submit to GFOA. I'm
not ready to do that yet. I would like to do that, maybe a
submittal to GFOA the following year. But this year would be,
you know, a little close. So, I -- it just depends if y'all
are willing to -- to get your document in April.
COMMISSIONER LETZ: What's JFOA?
MS. HARGIS: GFOA, Governmental Financing Officers
Association. And what they do is they -- they give awards to
cities and counties for presenting your audits and your
financial information to them. They review it -- and, in
fact, I was asked to get on the committee. They review your
document and go over it. It just requires more than your
M.D.& A.; it's a bigger letter. There's some additional
supplemental schedules that have to go in, and you send it in
to them, they review it, and you get this little plaque, and
it just says that you've done everything right. It's nice to
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have. It's just -- kind of shows the general public that not
only did you pass your independent audit, but you sent it to a
second agency and they reviewed it, and you got an award
for -- for presentation. That's basically what it is. It's
just a -- go ahead.
JUDGE TINLEY: Do you see any risk to Kerr County by
delaying the -- the selection of a new auditing firm one more
year?
MS. HARGIS: No, I don't think so. What we need to
do is to -- when we do the engagement letter, we need to
expand the scope to the -- to the areas that we feel where
there is internal control. Keep in mind that most people
don't understand a financial audit is not a fraud audit. It's
not an audit that goes in there to find where you have fraud
happening. There -- if they find it, they're going to give it
I, to you, but the audit doesn't look for it. In fact, if you
read the engagement letter, it specifically says we are not
looking for fraud. If we find it, we're going to report it,
but we're not looking for it. Now, if you expand the scope of
the engagement and say we want you to look at some particular
instances, and we need to do that, then you kind of hold their
feet to the fire, and then they audit those areas more than if
you just gave them an engagement letter and said I want you to
do my financial statements; I want you to tell me whether my
figures are correct and so forth and so on. But if you expand
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it and say, you know, I want you to look in this area, I want
you to give me a letter on this area, and I think you can do
that, and we can expand the scope on that enough that they'll
look for those particular areas.
And, to be honest with you, when -- whenever there's
fraud or misappropriation of funds or anything like that, it's
never the auditors that find it. It's generally someone
outside of that organization, or it's been my experience -- I
just worked with a fraud case right before I left with my
company; it was a homeowners' association, and I happened to
do the water district, and they asked me to look at it, and so
I found it. Because they -- they felt like that it was there.
Well, she had already been doing it, and the audit had already
been done, and she was doing it through the audit. Well, it
was very hard to find. I had to be a little deceptive and
think like a crook and go into her books and look for it. So,
it's something you -- you have to do. So, most of the time,
if you want a fraud audit done, it's going to cost you three
times what you pay for a financial audit, because it takes
that much time. You have to get literally into the records
and you have to start looking, so it's a totally different
animal. But we can set up enough of a scope in our engagement
that will look at those areas so that if they think there is
anything, then they can come to me and then we can kind of
work together to find it. So, that would be my only -- and
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you'd have to do that with even a new audit firm. But either
way, it doesn't matter to me; I just -- it would just be
easier for me, but I'll do what you want me to do.
COMMISSIONER WILLIAMS: I have two questions,
Jeannie. Would it be your intention to draft a new letter of
engagement and bring it to us for our perusal?
MS. HARGIS: Yes.
COMMISSIONER WILLIAMS: So that we can be clear in
our mind that some of the issues that we've encountered over
the last 12 or more months are being perhaps more closely
addressed?
MS. HARGIS: Yes.
COMMISSIONER WILLIAMS: Would that be your
intention?
MS. HARGIS: Yes, I would want you to review it.
COMMISSIONER WILLIAMS: Second question has to do
with your comments about -- about your intention to establish
some new internal control. Based on your initial observation
and ongoing observations, I guess, when do you think most of
those would be in place as we move forward?
MS. HARGIS: Well, I'm trying to get my feet on the
ground and get through the budget, but -- and I had talked to
the Judge a little bit about a priority list. There's three
items that I'd like to do pretty quickly, and I'll get those
-- try to get those to you this week. A fourth, which just --
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you know, I'd like to do the checks a different way, partly
for productivity and partly for -- we don't number our checks,
and one of the things that we learn in Accounting 101 is that
you never use blank checks. And, in fact, that was the way
this particular person -- with no numbers on them, that's how
she was getting away with it; she was actually printing double
checks, and then when the bank statement come in, she would do
the bank statement and -- and move things around.
Pre-numbered checks.
Also, there's -- and I've gone over this a little
bit with Mindy. I think it would help her. The checks
that -- the City has the same type of a system, and they --
they can -- you can send the checks through, and they're
three-part. It prints the name and address on one side, the
check on the other. You put it in a folding machine, and you
can do 800 or 1,000, and they can be folded in minutes,
whereas Mindy has to fold all those checks and put them in an
envelope. So, it's going to save you postage, envelopes, and
time. Time, I think, is -- is very crucial in our system
of -- kind of government, because we don't have enough staff.
Then I'd like to put a cash policy in place, but I need to
visit with each one of the clerks and with everyone to see
exactly how they're doing it, because I need to write a policy
that encompasses everyone, but then there's always those
little particular things that each -- each area may need to
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cover. I did this at my prior place of employment, because we
did run into a little bit of a problem there.
One thing would be when they come in and bring their
checks or their deposits, we have a log; we have them sign in.
Because they may have a deposit in any of our departments, but
we don't know it until they get there, so -- and also, you
know, if they lost it between us and our -- and Mindy's
office, there's no way to prove that they had it or didn't
have it. So -- for our department, so if we got blamed. So,
if they signed a log, it would show that the deposit actually
reached our department, and if they -- I don't know now if the
deposit is signed both by the clerk and by the person bringing
it. That also needs to be done. Daily deposits, to me, are
an essential thing. I've talked to a lot of county auditors
that I know since I've been here, and I'd like to see that be
a policy that's in place, maybe except for outlying areas
where it would be very difficult; we'd have a little bit
longer time frame there. And I think if we -- what we don't
have right now is, we don't have a policy in place. It's my
understanding we can't force everybody to do it, but if we
have a policy that shows this is the -- the best way for
internal control to keep account of our cash, then that gives
us a guide. And if we have a guide out there and someone's
not following it, it gives us more of an indication that
they're not doing what they need to do.
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JUDGE TINLEY: Let me interrupt you for just a
moment on that issue, before I forget it. You mentioned that
we can't require everybody. If we adopt a policy on financial
matters as part of our budget in our fiscal oversight
responsibility, it occurs to me that maybe we can require
everybody to follow this policy. I realize in a lot of
situations, we get into the issue of independently elected
officials, but we're talking about implementation of -- of the
budgetary process, and if that's going to be an issue, I'd
like to know about it. And maybe the County Attorney can take
a look at that.
MS. HARGIS: Okay. That`s my experience. I don't
know, but I would think that that would be one good thing that
you put into place.
JUDGE TINLEY: Okay. I'm sorry, go ahead.
MS. HARGIS: The other thing just has to do with
investing. I would like to make a suggestion there as far
as -- as -- to retain a firm, one of which I have in mind, and
have them assist us in making our investments, get those
laddered out there. We're only using an overnight system
right now. We're not earning the money that we need to earn.
I think we could probably -- and I'm taking -- I know we can
double it. I'm sure we can probably do much, much better than
that, but we need to keep that money moving. We need to keep
it laddered so that we're constantly making a safe amount of
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interest, and also that we -- you're in compliance with the
Public Funds Investment Act. And we need -- we need to
rewrite your -- your investment policy. The last time you
rewrote it was in 1999, and there have been a lot of changes
since 1999. Every two years, the Legislature changes it just
a little bit. That requires it, or the banking industry will
make a change, and you will need to write that into your
policy.
I have a draft. Mindy has looked at the draft, and
as soon as we get it tweaked, I'm going to get the draft to
you so that you can do that. You're supposed to annually
review your policy. You're not -- you don't have to change
it. If there's no Legislative changes, there's no banking
requirements that you want to change, you don't have to change
it, but you annually review it. You put it on your agenda;
you kind of go through it. If you don't have any changes, at
least then the State says you've annually reviewed it. But
the state law says you will annually review your investment
policy. There's two reasons for that. One is that you're
aware of your policy, because if you have new -- new
officials -- for instance, Mr. Oehler, this is your first
year. You've probably not seen it. So, it gives every
official that opportunity within that one year to look at that
document. Also, you -- along with that document, quarterly
you get statements so that you know what kind of investments
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that you have. Because when the big mess in 1992 occurred
in -- actually in California, that caused us to have to write
the Public Fund Investment Act. The officials didn't know
what their investments were, and they were using reverse
reverse reverse repo's, and so they lost a lot of money in
Orange County because of that. So, this gives you the
opportunity to look to make sure that those agree with what
you want.
And my big thing is, you know, first of all, safety;
second of all, liquidity, and then we worry about the interest
rate. But I do think we can safely earn a better rate of
interest on our money. And besides, the interest rates are
going up. Doing what you're doing now a year and a half ago,
it wouldn't have made any difference, but -- 'cause you were
running a half a percent or a percent; there wasn't any
difference. But now you're earning 5, and it's going up, so
we need to get into the market and invest in safe documents.
And that's all I have in my -- in my policy. Those are a few
things. That actually is an internal control document, so
those are just the kind of things that we don't have in place.
And so, legitimately, we should, you know, probably be written
up for that. So, that's kind of where I'm at. Again, if you
want me to do it, I really do need to get out there and find
out.
COMMISSIONER OEHLER: I have a -- I have a few
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things I'd like to mention. It seems that we have had some --
some questions raised over the past year or two dealing with
an elected official's department, and I don't know exactly how
many years we might need to go back and have a forensic audit
done of the books. I don't have any idea how much that might
cost, how many firms would do that, but I don't believe at the
present time that we can go forward without going back at some
point, go back several years. And I know it's going to be
expensive, but to prove that something was wrong or something
was exactly done right is my intent. But the general public
is -- is feeling like -- at least from the ones I talk to --
that we need to go back and make sure that what we have today
is what we should have had today, and that there has not been
fraud committed and taxpayer funds that are not accounted for.
li And I am not real strong in support of keeping the local firm
it
at this time. Whether it be their fault or not their fault,
or whoever -- you know, it's immaterial.
Things have evidently transpired -- I think there's
a lot of documentation that will support that there have been
problems, and I'm not willing to go forward with the same
firm, I don't believe, at this time. Because they've been
here a long time, and I believe we do need a new firm. I know
it's going to put you in a -- in a bad predicament because of
you being so new, but I feel we must do a detailed check into
past -- at least the past three years to see if funds that
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should have been deposited were, and funds were expended on
expenditures that were legal, and that funds were applied
appropriately. And to my knowledge today, and what I've seen
in some documentation, I don't believe that what we have today
is what we should have. And I don't know of any way to prove
that up unless we -- unless we authorize a prior year's audit
from a firm that does those kind of audits. You tell me what
you think.
MS. HARGIS: I have -- you know, after spending 30
years in Montgomery County and living through a lot of theirs,
I can -- the hospital district there had a situation very
similar to this, and they ended up hiring a forensic auditor,
and it cost about $100,000. And, as I recall, they didn't
really find that much. They're very expensive. Unless we
really, you know, feel that we need to, I don't know that the
audit would prove enough money, I think, you know, that was
taken, because of the -- I still think you have enough
internal controls in place that not a large amount could have
been taken. Now, I may be wrong, 'cause I haven't seen
everything that you have seen. But they're very expensive,
and that was several years ago. We would probably have to go
to one of the big four firms to do it, because I think they're
one of the specialists in that, and I could get you a cost on
that. If -- if that's what y'all want me to do, I mean, we
can do it. Now, it's -- unfortunately, you know, it's very
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time-consuming. It will take a great amount of time.
COMMISSIONER OEHLER: Could we make that part of the
proposal to a new auditing firm?
MS. HARGIS: They like to make it as two separate
audits. Because, again, a financial audit is -- is totally
different. A forensic audit is totally different. And,
generally speaking, they would probably want to do them
totally separately. This -- this document can be done in the
normal course of -- but they probably have a different team.
They might come out at the same time, but they'd have a
different team working on that than -- than the ones they have
working on this.
COMMISSIONER OEHLER: Would there be an advantage to
having the same firm doing that, doing both things?
MS. HARGIS: It would just -- it would depend. It
i would just depend. I don't know, because, again, they'd
probably use a different team. I know that Deloitte has an
office in San Antonio, and I know their head auditor. More
than likely, they'd send out two totally different teams.
That wouldn't -- because the forensic people are taught
differently. They -- they're really taught differently to
look for different things. They're trained to look for the
forensic type situation, and the financial people just -- I
mean, again, we're all trained to look for fraud, but because
fraud has become a bigger element of the financial system
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within the last, I would say, 15 years, really, there's a new
association called the Fraud Association, and they actually
train CPA's, and they're actually getting certificates for
that type of auditing. So, it's a totally different type of
auditing. And because they're going to -- they zero in on
things, and their scope is narrow, because they're going to
narrow in on just specific things. So, they might give us
economy of scale, but if they use different teams, they're
not. In fact, I would almost at that point say no, we don't
want the same firm, because then if -- if they gave us a clean
here and they didn't here, you know --
COMMISSIONER OEHLER: Okay.
COMMISSIONER LETZ: Is there -- at this point, you
probably have not spent enough time to look at all our current
internal controls and what was in place for the last couple of
years. After you look at that, can you give an evaluation on
what Bruce is talking about? I mean, it appears to me that
we're -- some of the areas that we've realized we didn't have
enough control have made it very difficult to look back and
see what happened, 'cause we know there's -- there's not the
documentation and the paper trail and the cross-checks to be
able to know for sure. And, I mean, I'm in favor of doing the
audit if it -- if we can prove something, but if the auditor's
~~ just going to come back and say, "We can't tell because you
didn't have the internal controls there," well, I think we
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already know that.
MS. HARGIS: Well --
COMMISSIONER LETZ: And so, I mean, a little bit of
insight on that, I think, would be real helpful in going
forward on the forensic audit. If it would be valuable, yes,
it's worth spending the money on. But if it's not, I mean --
MS. HARGIS: Well, and we can do that any time. We
just need to budget a number for it. But we could have this
audit be -- be done, and that would give me a couple of months
to get my feet on the ground, and then if I still feel like
that needs to be done, then I can make that recommendation to
you. I'd like to -- to do a little bit of it myself. And I'm
trying to learn just my job right now, and then I can do that.
But --
COMMISSIONER BALDWIN: That's what I wanted to hear.
MS. HARGIS: I've done -- I've done a little bit of
that. We -- you know, I mean, 'cause of all my years of
experience, it's easier for me sometimes to see that than it
is for somebody else. And you -- you know, something will
just spur you on to where you really kind of go down that
path. Now, the -- I did talk to the current audit firm about
your concerns, and he said that some things were written up as
long as four years ago, and they didn't necessarily see those
things put into place. The problem with the financial audit
is that the auditors can make a recommendation to you, but if
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you don't do that, then there's really not a whole lot. Then
they just kind of keep writing you up. And some of your --
for instance, like, in a single audit, which is a good example
of that, a single audit is required on all your grants. It
goes to the federal government; it's required if you get more
than $500,000 of federal money, whether a pass-through from
the state or whatever.
And what they have in those audits is, they have a
question as to what you've done wrong. It's kind of a
question that you have to answer, and so then you answer it
~~ the following year -- or you have so much time to answer it,
and then the federal government will come back. And that's
really the only type of audit I've seen that really requires
an entity to answer those questions. Now, they can make
suggestions, but one of the things that GASB has done because
of Enron is that auditors can't come back in and -- and help
you manage that, because then they lose their independence,
and therefore it's not an audit any more. So, a lot of
places -- and I -- you know, I don't recommend it here,
because I think we're small, but, for instance, in Abilene,
what they did is they hired one of the CPA's from the audit
firm that was working with them to be an internal auditor,
that did nothing but that, to make sure things were in place.
And I think that's kind of -- you know, kind of been our
function. But I think that, you know, a small staff -- and
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it's a little bit difficult, and I think that they did the
best they could under the circumstances.
I just -- you know, I really don't know enough about
all this. I mean, I know what I read in the paper, and that's
about it. So, again, I'll do what you need for me to do, but
if -- if someone wants to provide me with more documentation,
then I'll try to see what I can do with it and see if the --
if there is enough money that we would recoup to warrant us to
spend that kind of money. 'Cause I will guarantee you, you
will spend three times what an annual audit is, and there's no
doubt in my mind. You're not -- forensic audits, those guys
come in at 100,000, 'cause they know they're going to spend
that kind of time. They also have a huge liability that they
-- because, you know, basically you're accusing someone of a
crime, and so they have to be able to stand behind whatever
they do, so they charge a lot of money for that.
COMMISSIONER WILLIAMS: My interest is more in
keeping with going forward and strengthening the internal
controls so that we know that cash is properly handled and
accounted for, and also expanding and strengthening the letter
of engagement. I think that's important. We need to make
certain a letter of engagement covers the things that we
believe are deficient and take care of that. Those are the
two I like.
JUDGE TINLEY: I think the issue before us today is
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what we do about our annual '06-'07 audit, whether we elect to
authorize an RFQ for new proposals, or --
COMMISSIONER BALDWIN: Well, there's --
JUDGE TINLEY: -- go forward with our existing
outside auditor. Or possibly a middle ground would be to have
Ms. Hargis TWX and see how many -- how many firms that do
outside governmental audits would be available to -- to do our
audit, you know, if -- if there are any appreciable amount of
them available. She seems to be concerned about the time
frame and -- and the number that are already booked up for
this particular year's audit.
COMMISSIONER BALDWIN: Well, are we required by law
to go out for an RFP? Just reading the words, "authorize RFP
as required."
COMMISSIONER WILLIAMS: RFQ, should be.
COMMISSIONER LETZ: Or RFQ.
COMMISSIONER BALDWIN: RFQ.
COMMISSIONER WILLIAMS: If we're changing. I think
we are.
JUDGE TINLEY: Oh, yeah.
COMMISSIONER BALDWIN: I see. We can just renew
from year to year with the present one that's been here 14
years, which is a long time.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: There's no question, from what
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I'm hearing, we need to change. It's just whether we change
right now or we change in January. I mean, and I -- I`ve
spent quite a bit of time with Ms. Hargis on this topic.
There's merits in doing it both ways. From what I can see,
there's advantages to waiting and there's advantages to doing
it right now. I mean, I think we need to make a change, but
when we do it is not as critical to me. I think one of the
possible advantages to waiting a little bit is then we're
going to be auditing the changes that are made. I mean, if
Ms. Hargis comes up with some recommendations, and then we go
out for an audit after those are in place, then we're auditing
to make sure we've done it right. If we're going to do it
hand-in-hand, we may end up with the same kind of problem we
have, I think, now with the same firm doing it so long. You
don't -- or we don't take, you know, seriously -- I think they
did report back some of the problems, and we didn't act on
them, and I think this probably won't happen again, but I
think it's a -- you know, it's -- you're getting a double
audit, so to speak, if we wait until January to go out for the
'07 to '08 audit.
JUDGE TINLEY: Well, I think in fairness to
Ms. Hargis, too, she wants the opportunity to -- to implement
some new policies in order to establish that, you know, she
has the experience and capability, and to prove her mettle, as
it were, to improve the situation. And I certainly think
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she's deserving of that opportunity. It also occurs to me
that if she's given some more specific information with regard
to the concerns that you've had expressed to you, Commissioner
Oehler, that she might be able to do some preliminary review
and possibly ascertain whether or not our -- our recordkeeping
in those particular areas is so lacking that, you know, the
likelihood that any forensic type audit going back would --
would be of much value, at least preliminarily, it would give
her that opportunity also. That's what I heard. Did I miss
something, Ms. Hargis?
MS. HARGIS: No. No.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Judge, would the agenda item
as styled -- would it allow us to act on a motion that would
instruct the Auditor to draft an expanded letter of engagement
and bring it back to the Court for discussion?
COMMISSIONER LETZ: Well, I think -- I don't want to
speak for Ms. Hargis.
JUDGE TINLEY: Definitely would, sure.
COMMISSIONER LETZ: I think we can do that, but I
think we need to pretty much give Ms. Hargis the direction
today as to if we're going -- if that's for expanded scope for
January or expanded scope for today, because the time is
running from the audit standpoint for '06-'07.
COMMISSIONER WILLIAMS: I understand. My -- my
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suggestion would actually be not to do the -- authorize a new
RFQ, but to draft an expanded letter of engagement, which
assumes that we'll be giving it to the same external auditor
for the one year additional that Ms. Hargis has requested.
COMMISSIONER LETZ: Oh, okay, I see what you're
saying.
JUDGE TINLEY: Ms. Hargis, my understanding on the
expanded scope of engagement, you were looking forward to a
new outside independent as opposed to -- to the existing on a
renewal basis. Maybe I didn't --
MS. HARGIS: No, I would want to expand the
engagement letter with either one.
JUDGE TINLEY: Either one? Okay.
MS. HARGIS: Either.
COMMISSIONER WILLIAMS: Well, I would offer a
motion, Judge, that the Court authorize Ms. Hargis to draft an
expanded letter of -- scope of engagement letter -- that's
what it is, scope of engagement letter -- and return it to the
Court for consideration and discussion and approval, with
the -- with the idea being to retain the existing auditor for
one more year. Rephrase that any way you want to, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second. Any``
question or discussion? All in favor of that motion, signify
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by raising your right hand.
(Commissioners Baldwin, Williams, and Letz voted in
favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioner Oehler voted against the motion.)
JUDGE TINLEY: That motion does carry. Let's move
i
to Item 19; consider, discuss, and take appropriate action to
adopt a new policy and fee schedule for the Kerr County
Exhibition Center and rescind all previous orders pertaining
to such.
COMMISSIONER WILLIAMS: One page or more than one
~ Page?
COMMISSIONER BALDWIN: What is this?
JUDGE TINLEY: Wait a minute. Wait a minute. Wait
a minute. What do you got?
MS. HYDE: So that you can put them side-by-side,
that's the old rates.
COMMISSIONER WILLIAMS: I've got Option 2, Option 2,
Option 2.
JUDGE TINLEY: I got a whole bunch of --
COMMISSIONER OEHLER: The other one's coming.
MS. HYDE: The other one's right behind it so that
you can put it side-by-side.
COMMISSIONER WILLIAMS: Here it comes. Option 1, I
guess, is existing, right?
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MS. HYDE: This is existing. It's very hard to
read, I know, but that's the only copy we've got.
COMMISSIONER BALDWIN: Do you have an extra one for
a member of the audience?
(Discussion off the record.)
COMMISSIONER LETZ: The Judge has seven or eight
sets.
JUDGE TINLEY: How many do you need?
COMMISSIONER BALDWIN: Just like a lawyer, isn't he?
You send a piece of paper by him and he'll grab it.
(Low-voice discussion off the record.)
JUDGE TINLEY: There's another set.
COMMISSIONER BALDWIN: Thank you, sir.
MS. HYDE: Give it to the lady in the maroon?
COMMISSIONER BALDWIN: Right there.
MS. HYDE: One more for the --
COMMISSIONER BALDWIN: Here you go.
MS. HYDE: Thanks.
COMMISSIONER BALDWIN: I've got to do everything.
MR. EMERSON: Thank you.
COMMISSIONER WILLIAMS: You're in a good spot.
COMMISSIONER BALDWIN: This auditing thing put me to
sleep. Can I ask a question?
COMMISSIONER OEHLER: Ask all the questions you
I want.
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107
COMMISSIONER BALDWIN: Thank you so much. On the --
on this Option 2, which is today's deal, the heading is Local
Commercial and Nonlocal Commercial, and over here -- do
we retain those words, or is everything one number?
COMMISSIONER LETZ: It's one number, then a
percentage reduction off of one number, based on if you want
to go with a -- give discounts to various entities. We
currently have three lists of rates. We're going to one list
of rates, and then you just take a -- if you want to give a
nonprofit 50 percent reduction, we'll just -- the rate's the
same; they just get a reduction off the bottom line of
50 percent.
COMMISSIONER WILLIAMS: Which is new? Is this one
the new one?
COMMISSIONER LETZ: That's the new one.
COMMISSIONER OEHLER: That's the new one.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Rather than keep track of three
different rates, I'd rather say for the Ag Barn -- instead of
having 400 -- can't read it -- 400, 800, and 400, we're just
saying it's going to be 600. And then if we want to give a
discount off of that, we can to certain entities. It
simplifies it.
COMMISSIONER BALDWIN: Yeah, I see that. Now, are
you telling me that you're not going to give a discount for
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all nonprofits?
COMMISSIONER LETZ: I'm not saying anything. That's
not -- this is just the rates right now. Then we figure out
how we're going to give discounts.
COMMISSIONER BALDWIN: I'm with you. I didn't mean
to get off into too much of that.
COMMISSIONER LETZ: And Bruce -- I've mentioned to
Bruce a little bit earlier, you know, this is the big topic to
tackle, and it's not easy. It may be better to put it as a
workshop so we can just focus on it for a couple of -- for an
hour or so, and along with the whole -- add with that the
whole leasing component. And we just put it on the agenda
'cause we said we were going to put it on the agenda.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER BALDWIN: That's a good reason.
COMMISSIONER LETZ: Yeah. And we -- and I think the
background work's done. I think we have the information; now
it's time for us to make a decision.
COMMISSIONER BALDWIN: Well, just help me with
Line 1, Indoor Arena. One, two, or three days rental, right?
And I don't know what quantity, but --
COMMISSIONER OEHLER: That's two days. That would
be a two-day rental quantity.
COMMISSIONER BALDWIN: Two-day.
COMMISSIONER OEHLER: And then the fixed rate's
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1,600 and the cost will be 1,200.
COMMISSIONER BALDWIN: For those two days. So --
COMMISSIONER OEHLER: Come on down the list, and it
will tell you. There's zeros till you get down to setup and
take-down fee of $300.
COMMISSIONER BALDWIN: Right.
COMMISSIONER OEHLER: You come on down to cleanup
deposit, another 300.
', COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: So that makes the total
$1,800, what they're going to owe for that event.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: And they're going to pay the
900 up front as a deposit.
COMMISSIONER BALDWIN: Right.
COMMISSIONER LETZ: Without discount -- and no
discount.
MS. HYDE: This would be for someone -- like, if Eva
Hyde was going to rent it for a hog-yelling contest.
COMMISSIONER BALDWIN: Hog calling.
COMMISSIONER OEHLER: Or a roping, yes, for a
private -- for a private company.
COMMISSIONER BALDWIN: You're going make some money.
COMMISSIONER OEHLER: To put on a private roping for
~ money.
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COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: That would be this kind of a
charge.
COMMISSIONER BALDWIN: Yeah, okay. And if you are a
private roper and you're going to do several events through
the year, your 900 was put up, and that 900 will just go ahead
and carry through with you through the year. Did I read that
the other day somewhere in --
COMMISSIONER OEHLER: I think that`s pretty much
what you read. It carries on from one event to the next.
COMMISSIONER WILLIAMS: Just keeps rolling.
COMMISSIONER LETZ: The deposit does.
MS. HYDE: It's on Page 2.
COMMISSIONER BALDWIN: Rollover.
MS. HYDE: Page 2. I finally got the numbers to do
right. Number 8.
COMMISSIONER OEHLER: You got them all on the right
line.
MS. HYDE: Yeah. Commissioner Letz and Commissioner
Williams helped me -- helped educate me.
JUDGE TINLEY: You know, before we take any final
action on this, I think it -- I would prefer to spend some
~~, time reviewing it and digesting it.
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COMMISSIONER BALDWIN: I agree.
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j JUDGE TINLEY: Get questions answered that I might
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have as a result of reviewing it. I'm not sure we are in a
position to really --
COMMISSIONER OEHLER: Sounds good.
JUDGE TINLEY: -- take any final today.
COMMISSIONER WILLIAMS: I agree with you, Judge. We
need to have a workshop, talk about it and digest it and all
that good stuff. Should we not also, in addition to this,
because the proposed rates are going up pretty good -- and I
like what I see, but should we not also address the
longstanding contracts with the County -- between the County
and the Hill Country District Junior Livestock Show and have
that all as a package? Because that means -- if these go up,
that means under the current situation, we're going to be --
COMMISSIONER OEHLER: I think it's one of those
things that does need to be addressed. Commissioner Baldwin
is volunteering to go out and negotiate for us. I can see it
in his eyes.
COMMISSIONER LETZ: I think it definitely needs to
be addressed. I think one can be -- this can be implemented
without doing that, but that can't sit over there too much
longer. It needs to be, you know, either reduced or
eliminated.
COMMISSIONER WILLIAMS: I like the latter option.
COMMISSIONER OEHLER: Yeah, I agree. Well, it's
just not fair for us to continue to provide more service and
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still give them a piece of the action whenever they actually
don't really participate any more in the maintenance and
operation of that facility.
COMMISSIONER BALDWIN: I agree.
COMMISSIONER WILLIAMS: I agree with you. Schedule
a day for a workshop?
MS. HANSON: I have one question. What's the
difference in the concession stand and the catering deposit?
MS. HYDE: Want me to answer that?
COMMISSIONER OEHLER: Concession is whenever
somebody wants to rent that to use it, --
MS. HANSON: That kitchen.
COMMISSIONER OEHLER: -- serve food out of and
prepare food. And catering is when people come in and cater
an event of so many people. And what they do is, it's not --
it`s -- the money is to be spent for all the trash that's
generated, basically, by that caterer. You don't think about
the dumpsters full when you have an event that has 500 to 700
people. The caterer comes in with all of this stuff, and he
or she sells their product and gets all the money for it, and
then they're gone, and the trash remains.
MS. HANSON: I can witness the trash remains,
because last year, the -- the event prior to our event dumped
all their leftover beans out by the parking lot, and it was
nasty.
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COMMISSIONER OEHLER: That's just one of the reasons
we need to start charging caterers, --
MS. HANSOM: Yeah.
COMMISSIONER OEHLER: -- basically, to cater food
out there, because they leave --
MS. HANSOM: Don't clean up after themselves.
COMMISSIONER LETZ: Does the catering fee cover,
like, during the stock show, the funnel cake people and all
these other people that set up shop, or -- and at the fair,
they set up their little booths around the grounds?
COMMISSIONER OEHLER: Hadn't thought about that.
That's something else that could be brought -- you know,
brought out.
MS. HYDE: What we talked about a lot, though, on
the cleanup, and that's why we wrote down here in bold that
the cleanup deposit right now is -- is expected by most folks
to be returned in full, and you asked me to look at it. In my
opinion, we need to stop that. If they clean up, then
absolutely. But if we're sending people out there and
', spending man hours to clean it all up, then I don't think they
should be refunded a cleanup fee -- deposit, which is what
currently happens.
COMMISSIONER OEHLER: Just like -- here, I'll give
you one for-instance. Coming up in September, after the big
stock show fundraiser, there's going to be -- Hill Country
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Telephone is going to be there with 900 to 1,000 people, and
that meal will be catered. The caterer doesn't bring his own
trash cans; they use our trash cans, and generate -- either
our people or the community service people wind up picking all
that up and putting it in the dumpster, and the County winds
up paying for the dump fee on it, and it's not right. I don't
believe it's right.
COMMISSIONER WILLIAMS: I don't -- you're absolutely
right.
COMMISSIONER OEHLER: We need to change it to
reflect that, you know, they're charges that go with cleanup
and disposal of garbage.
JUDGE TINLEY: The -- the issue raised about, for
example, funnel cake, it looks like we need to have an entry
there for a food vendor use, because that generates --
COMMISSIONER OEHLER: They will also.
JUDGE TINLEY: -- trash. They may be using power.
Who knows what all they're going to be doing.
COMMISSIONER OEHLER: And they're also making a
profit, or they're attempting to make a profit from sales,
which is commercial.
COMMISSIONER WILLIAMS: Just out of curiosity, when
Kerr County Fair takes place, and after the carnival and all
those outside vendors move out, are we the ones that pick up
the trash?
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COMMISSIONER LETZ: Yes.
COMMISSIONER OEHLER: From what I know, that's the
case.
COMMISSIONER LETZ: Well, but most events, we're the
ones -- I mean, it's -- the exception would be when we don't
pick up the trash.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: I can't think of any.
COMMISSIONER OEHLER: I don't know of any time the
trash isn't picked up by our workers and disposed of, and paid
for by Kerr County.
COMMISSIONER WILLIAMS: I kind of thought that was
the answer.
COMMISSIONER OEHLER: If it is, I'd like for whoever
that is to come forward and tell us about it.
COMMISSIONER LETZ: On the last page, it's kind of
the breakdown of who -- our current list. This is by court
order, who has nonprofit status and who doesn't. We might
want to look at that prior to the workshop, if that's what --
the direction we're going to go. And if anybody wants, I can
hand out -- we have, going back three years, exactly who has
used the facility, what days, and how much money we received.
COMMISSIONER BALDWIN: My goodness.
COMMISSIONER LETZ: And this is, you know --
COMMISSIONER OEHLER: Not nearly enough income, is
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all I can say.
COMMISSIONER LETZ: Income looks -- I don't think we
were charging as aggressively as we probably should have been
for some of the various usages, and I think it's kind of gone
to Bruce and Eva to help a lot of this. And, you know, we've
gone through a lot of it, and our controls probably weren't as
strong as they're about to be.
JUDGE TINLEY: Okay. Give us an opportunity to --
to review those. You had a question, ma'am?
MS. HANSON: One more.
JUDGE TINLEY: We're going to need your name and
address, please.
MS. HANSON: Oh, certainly, since I've been asking
questions. I'm Caroline Hanson, and I live at 591 Scenic
Valley Road.
COMMISSIONER BALDWIN: In precinct number?
MS. HANSON: One. Yes. And, thanks to Commissioner
Baldwin, he passed me back some of this so I can ask some
questions. And I don't understand what "mid until 6 per hour"
~ means.
MS. HYDE: Midnight until 6 a.m. Midnight until
6 a.m. is -- yeah, 0600.
MS. HANSON: Okay, so if we stayed all night. What
about the people in the R.V.'s that stay all night?
~~ MS. HYDE: There shouldn't be R.V. parking in the
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lot. Is there?
COMMISSIONER OEHLER: We have a few that come.
MS. HANSOM: There are spaces back there. And
you -- you've got -- where did I see it?
JUDGE TINLEY: $15 electrical hookup.
MS. HANSOM: Yeah, $15 for the electrical hookup.
It has been 10, but it's going to 15.
COMMISSIONER OEHLER: You don't have sewer that goes
with that; it's just water and electricity.
MS. HANSOM: And -- but I'm not even sure that it's
that much water, you know.
COMMISSIONER OEHLER: Probably not. Should be city
water, though.
MS. HANSOM: There was -- as I remember it, there
was one hookup that had a faucet by it, by the gate into the
polo field, and none of the rest of them do along that line.
So, when I do the dog show, I just offer electricity only, and
if they want more, then I recommend the Kerrville-Schreiner
Park. So --
COMMISSIONER OEHLER: That's one of the reasons why
there's not more there.
JUDGE TINLEY: Okay.
MS. HANSOM: Well, when I get through trying to look
at this, I may have more questions. Thank you for your time.
JUDGE TINLEY: There will be an opportunity later.
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Okay, let's move on to the next item.
COMMISSIONER LETZ: Are we going to set -- Judge,
set the workshop?
COMMISSIONER BALDWIN: Yeah, let's do. Let's
just -- so we can --
COMMISSIONER OEHLER: We need to move forward.
We've been putting this off for about three months.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Next Monday, 1 a.m.?
COMMISSIONER WILLIAMS: That's a good time.
COMMISSIONER LETZ: How about next Wednesday after
our -- it'll make it all day long for the budget workshop, but
that's all right. Are we going to do it?
MS. HYDE: August 1st?
MS. HANSON: I do have one more question. The
policy that was written when Glenn Holekamp was here, that
stated the priorities, and I -- you know, like reoccurring
multi-day events tied to a national organization had a higher
priority for getting their reoccurring dates and things like
that. Will that policy be changed, or will it stay --
COMMISSIONER LETZ: It's changed.
MS. HANSON: It's going to change?
JUDGE TINLEY: That's also subject to discussion in
the workshop and further action of the Court.
MS. HANSON: Okay.
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COMMISSIONER LETZ: But it probably -- everything
related to it -- fees, policies, everything -- is probably
subject to change.
MS. HANSON: Is that -- that makes my life very
difficult trying to deal with the national organization and
with the --
	COMMISSIONER	LETZ: I didn't say it will change; I'm
saying t	hat -- I mean,	some of those may, but that whole
overall	policy, some of the things will stay the same in it,
but it's	one document that's going come out on how that place
is going	to be operated.
	MS. HANSON:	Okay, that's fine.
	JUDGE TINLEY:	You're talking about August the 1st?
	COMMISSIONER	LETZ: That next Wednesday.
	COMMISSIONER	BALDWIN: Yeah.
	JUDGE TINLEY:	Wednesday week. Not --
	COMMISSIONER	LETZ: Right.
	JUDGE TINLEY:	Not day after tomorrow. What time do
you want	to schedule it	for, 1:30?
	COMMISSIONER	LETZ: 1:30 or 2:00.
	JUDGE TINLEY:	2:00?
	COMMISSIONER	BALDWIN: 2:00.
	JUDGE TINLEY:	Okay. Is that a motion?
	COMMISSIONER	LETZ: Yes, sir.
	JUDGE TINLEY:	Okay.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion --
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: I have a motion and second to set a
workshop on the policy and fee schedule for Kerr County
Exhibition Center on August 1st, '07, at 2 p.m. Any further
question or discussion?
COMMISSIONER OEHLER: Also to maybe include the
future of the booking personnel.
COMMISSIONER LETZ: Well, booking procedures.
COMMISSIONER OEHLER: Yeah, okay, booking
procedures. That's -- that would really be an item for --
MS. HYDE: Booking procedures and staffing?
COMMISSIONER OEHLER: Staffing.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: That'll work.
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER BALDWIN: Do we have a budget workshop
that morning?
JUDGE TINLEY: Yes.
COMMISSIONER LETZ: The Sheriff.
JUDGE TINLEY: Get some cheese in here. 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. Item 20;
consider, discuss, and take appropriate action regarding
conveyance of Mountain Home TexDOT property to Mountain Home
Fire Department with reverter if property ceases to be used
for fire department purposes and long-term lease back by Kerr
County of such property by Kerr County for Road and Bridge or
other purposes. Subsequent to this matter being authorized to
be placed on the agenda, Commissioner Oehler and I got some
legal input from the County Attorney, and I don't see it
necessary to go forward with that agenda item. Do you,
Mr. Oehler?
COMMISSIONER OEHLER: No, not at all.
JUDGE TINLEY: Very well. If no one else has
anything further to offer, we'll go with Item 21; consider,
discuss, take appropriate action to establish a fund to
provide condolences or get-well remembrances for Kerr County
employees and their immediate family members.
MS. HYDE: We've had several people that have been
out for long periods of time that are sick, and we've had some
folks that have passed away. And whenever that happens, there
tends to be -- who sends flowers? Who's going to send a card?
The elected officials and department -- excuse me, the
department heads asked that maybe we put something together
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where we have a fund that everyone chips in a few bucks, and
that way we can send out cards to employees, and it`s from
everyone here at the county, not just one or two people.
Mindy has said that she would be the Treasurer of that. It's
not Kerr County funds. It would be donations, and all be done
on the up-and-up, but we would know how much is there at any
given time.
COMMISSIONER OEHLER: It's not mandatory.
MS. HYDE: It`s not mandatory.
COMMISSIONER LETZ: Not mandatory and not tax
dollars.
MS. HYDE: Sorry?
COMMISSIONER LETZ: Not tax dollars.
MS. HYDE: Absolutely not.
COMMISSIONER LETZ: Okay, I have no problem with
that. So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for approval
of the fund system as indicated. Any question or discussion?
All in favor of the motion, signify by raising your right
hand .
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Item 22;
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consider, discuss, and take appropriate action to declare 40
horse stalls surplus and set time -- set date to put them up
for auction.
COMMISSIONER OEHLER: Let me come up -- to approve
this, we need to come up with a date. And, Rex, what is the
time frame we need to advertise this prior to an auction?
MR. EMERSON: I think it's 30 days.
COMMISSIONER OEHLER: Thirty days? Advertise in the
newspaper, and -- what, at least twice?
MR. EMERSON: I believe so, on surplus property.
COMMISSIONER OEHLER: I move that we declare 40
horse stalls surplus at the Exhibition Center, and that they
be placed for auction -- what would be 30 days after today?
JUDGE TINLEY: Do you want to do it on Saturday?
COMMISSIONER LETZ: Yes.
COMMISSIONER OEHLER: Do it on a Saturday, yeah.
JUDGE TINLEY: Be about the 25th of August.
COMMISSIONER OEHLER: And that we set auctions --
that they be auctioned to the public on the 25th of August at
9 a.m. in the morning.
COMMISSIONER WILLIAMS: They'll be conducting a live
auction?
COMMISSIONER OEHLER: Yes. I'll just -- we'll just
be there and take bids from whoever wants to bid on them. And
they are f.o.b. the Exhibition Center.
~-2s-o~
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COMMISSIONER WILLIAMS: Buying as-is.
COMMISSIONER OEHLER: As-is, where-is.
JUDGE TINLEY: Cash and carry.
COMMISSIONER OEHLER: As-is, where-are.
COMMISSIONER BALDWIN: Where are.
COMMISSIONER WILLIAMS: No credit cards.
MS. WILLIAMS: And the checks should be made payable
to Kerr County Treasurer. Ask them to please not put an
individual's name or leave it blank. Not a good thing.
COMMISSIONER BALDWIN: Don't put my name on it, I
can tell you that.
COMMISSIONER LETZ: I think we need to have --
COMMISSIONER OEHLER: And I believe it will be -- if
you can be there that day --
MS. WILLIAMS: That will work.
COMMISSIONER OEHLER: -- to take those checks, we'll
cover all the bases we cover.
MS. HYDE: She wants Jody to help her.
COMMISSIONER OEHLER: Jody can be a witness.
MS. GRINSTEAD: The 30-day notice, we've got to keep
in mind, we've got to get this information to the newspapers.
I don't know what their cutoff is.
MS. HYDE: 10 o'clock.
COMMISSIONER OEHLER: Well, Irene, that office is
tomorrow at noon. And the Times, I'm not sure when they are
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-- there isn't anybody here from the Times; that's not
COMMISSIONER WILLIAMS: Does the 30 days run from
the date we act on it today or the date of publication?
MR. EMERSON: I don't have the statute in front of
me; I don't know.
COMMISSIONER LETZ: I think publication.
COMMISSIONER OEHLER: Maybe we better put it off
till the first Saturday in September. In September, first
Saturday.
COMMISSIONER LETZ: Labor Day.
COMMISSIONER OEHLER: Labor Day weekend.
COMMISSIONER LETZ: Second Saturday, unless there's
a rush.
COMMISSIONER OEHLER: There's not a rush that I know
of.
JUDGE TINLEY: That would be 9/8?
COMMISSIONER OEHLER: Just trying to get it done.
COMMISSIONER LETZ: 9/8.
JUDGE TINLEY: Gives plenty of time.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Any question or discussion?
COMMISSIONER LETZ: How many do we have out there
total?
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COMMISSIONER OEHLER: I don't know exactly the
total. The thing is, if you do them as four sides, one stall,
you have more -- you don't get very many stalls that way,
where if you line them up --
COMMISSIONER LETZ: You get more.
COMMISSIONER OEHLER: -- you get more stalls out of
them. So, this is 40 four-sided stalls, and we do -- Tim
tells me we have more than that.
COMMISSIONER LETZ: How many are we keeping?
COMMISSIONER OEHLER: We have 10 set up right now
under the back awning of the indoor arena. And there will be
some others, but right now they have all been removed and
they've all been neatly stacked waiting on auction.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Any other question 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. Item 23;
consider, discuss, and take appropriate action on proposal
from Carolina Biological Supply Company to purchase from Kerr
County remains of euthanized animals for scientific, research,
education, and/or other similar purposes.
COMMISSIONER OEHLER: This -- this just came to my
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attention last week. Janie called me about it, and she's now
put it on the agenda, and I'll let her explain it.
MS. ROMAN: Well, basically, Carolina Biological
Supply Company is a company that supplies preserved specimens
to schools, kindergarten through college. They're used for
educational purposes. We would be using nothing but cats, no
dogs. They are -- they do carry a Class B dealer's license
through U.S.D.A., and there should be a copy in your packet.
This company would pay approximately $3 per -- per specimen,
and they would provide a freezer for us. They would provide
the bags. Anything that -- that we may need, they're willing
to provide for us. They would pick up one to two times a
month. And they do have a company out of Brownsville that --
or they have an office in Brownsville, excuse me, that would
be picking up.
JUDGE TINLEY: The other option on these -- on these
particular euthanized animals would be disposal in the
landfill?
MS. ROMAN: Correct.
JUDGE TINLEY: For which we would pay the
I appropriate fee?
MS. ROMAN: Correct.
COMMISSIONER LETZ: And you've --
MS. ROMAN: Well -- pardon me.
COMMISSIONER LETZ: Go ahead.
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MS. ROMAN: At the moment, we're not -- we're not
being charged by the landfill to dispose of our dead animals.
However, their policy will be changing, from what I
understand, next year, and we will have to start paying again.
COMMISSIONER LETZ: The -- and you've checked and
are comfortable this is a legitimate company? We're not going
to end up with our names in the paper somewhere for doing
something with cats?
MS. ROMAN: Yes, I did check. Dr. -- actually,
Dr. Tull, our regional veterinarian out of Uvalde, she's the
one that told me about this, and she called them and had them
come over and talk to us. They came in also and talked to
Ms. Hyde about it.
COMMISSIONER WILLIAMS: We're talking about the
entire animal cadaver, not -- we're not harvesting animal body
parts, right?
MS. ROMAN: Right. Correct.
MS. HYDE: This -- remember what you did when you
were a kid when you dissected the pig in biology class? Or
now they have cats -- they use cats and pigs for secondary --
second-class of biology.
MS. ROMAN: When I took my euthanasia course, that's
what we used.
COMMISSIONER WILLIAMS: I never got past the frog.
(Discussion off the record.)
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cut back on our cost on the bags that we use to dispose of
them at the landfill, and this would bring in revenue.
COMMISSIONER BALDWIN: Janie, if, two months down
the road, you decide for some reason that you don't enjoy
doing this kind of thing, can you -- can we stop it?
MS. HYDE: Yes, sir. It's in the contract.
MS. ROMAN: I haven't read the whole contract,
I but --
COMMISSIONER BALDWIN: Have you read it?
MR. EMERSON: I have, and it's in there.
COMMISSIONER BALDWIN: Is it groovy?
MR. EMERSON: One of the most simplistic contracts
you've ever seen.
COMMISSIONER BALDWIN: We love them, don't we? I
move for approval. Go ahead.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any further discussion 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. Any member
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of the Court have anything to consider in executive or closed
session?
MS. ROMAN: Thank you.
JUDGE TINLEY: If not, we'll move to Section IV of
the agenda, the payment of the bills.
COMMISSIONER BALDWIN: I move we pay the bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills.
(Commissioner Letz left the courtroom.)
JUDGE TINLEY: Any question or comment?
COMMISSIONER BALDWIN: I do want to point out --
Tommy's fussed at me so much through the years, I'm finally
catching on here. But one thing that I've seen under the
J.P. 1 is cell phone that we've been talking about recently.
His cell phone bill was $300. So, I take a peek at the bill,
and it's for four or five months that he hadn't collected for
it, and he's collecting all at one time.
JUDGE TINLEY: This shows nine months, 9/06 to 6/07.
COMMISSIONER BALDWIN: There it is right there.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Absolutely. Sometimes there
is an explanation for these things.
JUDGE TINLEY: Speaking of telephone service, why is
it that we cannot have all of our offices out there at the law
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enforcement location tied in? For example, J.P. 2, their --
just their telephone bill is $140 for the month. There ought
to be a way to get around that -- that problem.
COMMISSIONER WILLIAMS: Is that multiple months or
just one month?
JUDGE TINLEY: No, just shows 7/07, Windstream.
COMMISSIONER OEHLER: Center Point still long
distance?
COMMISSIONER BALDWIN: No.
COMMISSIONER WILLIAMS: Five Star is separate, I
think.
COMMISSIONER BALDWIN: He asked if center Point is
misunderstood your question. No.
JUDGE TINLEY: No, Center Point's not.
COMMISSIONER WILLIAMS: No. No, they're on the
county system on Center Point.
MS. WILLIAMS: Pardon?
COMMISSIONER WILLIAMS: We're on the county system
on Center Point for long distance dialing, 'cause you put me
there. Yeah you did it, 'cause I dial my code to get --
MS. WILLIAMS: Yeah, but it is long distance, right.
COMMISSIONER WILLIAMS: And local is local.
MS. WILLIAMS: Right.
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COMMISSIONER BALDWIN: Judge, how much -- let's see.
Looking at J.P. 2, 140 for one month. Is that kind of how
much it is every month? Isn't that a little bit high?
(Commissioner Letz returned to the courtroom.)
MR. TOMLINSON: Depends on our usage. I mean, long
distance, of course, the base fee would be the same.
COMMISSIONER BALDWIN: Well, J.P. 3 is 40.
COMMISSIONER WILLIAMS: Does it have something to do
with being on call or anything like that?
MR. TOMLINSON: I don't know.
JUDGE TINLEY: It's a separate line, and it's
apparently a commercial line, and I don't know whether there's
two lines that we're paying for. We need to try and figure
out a way to get all these things tied into our -- to our main
system so that we're not paying through the nose like that.
COMMISSIONER BALDWIN: I agree.
JUDGE TINLEY: The only other comment that I'd make
is that indigent health care was a whopper this month. Seven
-- what, 75,000 or so? Yeah, 72,4. Ouch.
MR. TOMLINSON: We're still below the 6 percent.
JUDGE TINLEY: Hmm?
MR. TOMLINSON: We're still below the 6 percent.
COMMISSIONER WILLIAMS: Really?
JUDGE TINLEY: Still money going out by the
bushel-full.
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MR. TOMLINSON: Oh, yes.
JUDGE TINLEY: Do we have a motion?
COMMISSIONER WILLIAMS: Yeah, there's a motion.
THE CLERK: Yes, we have a motion and a second.
JUDGE TINLEY: 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. Budget
Amendment Request 1.
MR. TOMLINSON: Okay, 1 is for J.P. Precinct 1, to
transfer $68.44 from Miscellaneous to Conferences.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
COMMISSIONER LETZ: Comment.
JUDGE TINLEY: Motion made and seconded. Question
or comment?
MR. TOMLINSON: This is for his clerk.
COMMISSIONER LETZ: Thank you.
COMMISSIONER BALDWIN: Thank you.
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.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget Amendment
Request 2.
MR. TOMLINSON: Two is for the County Judge, to
transfer $90.69 from Conferences to Out-of-County Mileage.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded. Question
or comment?
COMMISSIONER OEHLER: Well, it just seems to me like
you could charge less for that grape jelly jar you drive.
COMMISSIONER BALDWIN: Ain't that the truth?
JUDGE TINLEY: You couldn't resist --
COMMISSIONER OEHLER: Such fantastic mileage.
JUDGE TINLEY: Couldn't resist the "grape jelly jar"
comment. 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. Budget
Amendment Request 3.
MR. TOMLINSON: Three is for the 198th District
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Court, to transfer $1,008.78 from Jailer Salaries, with $15.55
to Office Supplies, and $993.23 to Civil Court-Appointed
Attorney line item.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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 4.
MR. TOMLINSON: Four is for the 216th District Court
to transfer $926.41 from Jailer Salaries, 125.46 to Office
Supplies and 598.50 to Civil Court-Appointed Attorney line
item, and 202.45 to Court Transcripts.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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 carried. Budget Amendment
Request 5.
MR. TOMLINSON: Five is for the Auditor's office, to
transfer $31.67 from Office Supplies to Books, Publications,
and Dues.
COMMISSIONER LETZ: So moved.
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: The motion carried. Budget Amendment
Request 6.
MR. TOMLINSON: Six is for Environmental Health, to
transfer 571.06 from Site Cleanup to Conferences. This is for
Mr. Shaver.
COMMISSIONER WILLIAMS: For who?
MR. TOMLINSON: Mr. Shaver.
COMMISSIONER OEHLER: Second. I thought you said --
COMMISSIONER WILLIAMS: I just asked who it was for.
I'll second the motion.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
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MR. TOMLINSON: Yes, it is.
COMMISSIONER BALDWIN: Okay, thank you.
JUDGE TINLEY: Any other comments? Questions? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget Amendment
~ Request 7.
MR. TOMLINSON: Seven is for the County Attorney.
This is actually to correct a budget item that we misbudgeted
at the beginning of the year.
COMMISSIONER BALDWIN: Damn.
MR. TOMLINSON: We had budgeted $33,900 for the
supplement that comes from the state to the County Attorney.
It actually -- it should have been $7,766 more than what we
budgeted, so this amendment actually is to increase the amount
that we -- that we take into revenue and increase the amount
of the supplement in order to pay him for that.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? All in favor of the
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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.
COMMISSIONER BALDWIN: Does that mean the County
Attorney is taking the Court out to lunch?
JUDGE TINLEY: At least.
COMMISSIONER BALDWIN: Sounds fine to me.
JUDGE TINLEY: He said he was buying.
MR. EMERSON: Just means the County Attorney can
quit having to duck.
JUDGE TINLEY: Budget Amendment Request 8.
MR. TOMLINSON: Eight is for Road and Bridge. This
is to increase -- or recognize the payment from Texas
Association of Counties for damage to a vehicle for $5,160.13.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded. Question
or comment? What vehicle was this?
MR. TOMLINSON: It was --
MS. WILLIAMS: Asphalt distributor.
MR. TOMLINSON: It was an asphalt distributor.
JUDGE TINLEY: Okay. Any other questions or
comments? All in favor of the motion, signify by raising your
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right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
{No response.)
JUDGE TINLEY: Motion carried. Budget Amendment
Request 9.
MR. TOMLINSON: Nine is for County Court at Law, to
transfer $240 from Master Court Appointments to Special County
Court at Law Judge.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion? All if 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 carried. Budget
Amendment Request 9 -- excuse me, Budget Amendment Request 10.
MR. TOMLINSON: Ten is for Custodial and Grounds, to
transfer 79.25 from Utilities to Uniforms.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? All in favor of the
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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 11.
', MR. TOMLINSON: Okay. Eleven is for the Hill
Country Youth Exhibition Center, to transfer 351.67 from
Utilities to Building and Grounds Maintenance.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Okay. Motion and second for
approval. Any question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request 12.
', MR. TOMLINSON: Okay. Twelve is for the County
Jail, to transfer 10,325.64 from Jailer Salaries, with
7,615.25 to Prisoner Medical, $2,080.39 to Operating Supplies,
and $630 to Employee Medical Exams.
COMMISSIONER LETZ: So moved.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Questions or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Budget
', Amendment Request 13.
MR. TOMLINSON: Thirteen is for the Sheriff's
Department, to transfer 939.83 from Dispatchers' Salary, $180
to Employee Medical Exams, 333.66 to Office Supplies, and
426.17 to Radio Tower Lease.
COMMISSIONER OEHLER: Did the lease go up or
something?
COMMISSIONER BALDWIN: Good question.
JUDGE TINLEY: No, the -- I don't know how it ended
up with inadequate funds in there, but the lease is by
contract.
COMMISSIONER OEHLER: That's what I thought. That
should be easy to budget for.
COMMISSIONER BALDWIN: Yeah.
MR. TOMLINSON: I think there could -- one of them
could be an escalating contract. I don't -- I don't remember
for sure, but seems like it's with --
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MS. WILLIAMS: Emily Harlan Mosty. Emily Harlan
make it go up.
Iii COMMISSIONER WILLIAMS: There's an automatic
escalator in it?
MS. WILLIAMS: I believe it is.
JUDGE TINLEY: What precinct is that entire lease?
COMMISSIONER LETZ: Who's it go to?
MS. WILLIAMS: Elizabeth Harlan Mosty.
JUDGE TINLEY: Two. You need to tell me about these
things.
MS. WILLIAMS: I believe it's the Center Point one.
COMMISSIONER WILLIAMS: Really?
MS. WILLIAMS: Yes.
COMMISSIONER LETZ: That's where all the Mostys
live.
MR. TOMLINSON: Has to be.
JUDGE TINLEY: That's where it is right there.
COMMISSIONER WILLIAMS: Getting their fair due.
MS. WILLIAMS: Pardon?
JUDGE TINLEY: I need a motion.
COMMISSIONER WILLIAMS: I'll move that approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
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approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
I
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Budget Amendment
~ Request 14.
MR. TOMLINSON: Okay, 14 is for Constable, Precinct
1, to transfer $260 from Fuel line item to Telephone.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion?
COMMISSIONER LETZ: I have a question. Maybe --
Commissioner Baldwin, Constable Billeiter does not use his
fuel allowance. He drives by far more than any other
constable, and he hasn't used any money.
COMMISSIONER BALDWIN: I'm sure he does, but my
question is, he uses the phone a whole lot.
COMMISSIONER LETZ: He uses the phone a lot.
Evidently, these must be --
COMMISSIONER OEHLER: He's got shorter trips to make
than some of the ones out west.
COMMISSIONER LETZ: Yes.
COMMISSIONER WILLIAMS: He's really underspent that
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account.
COMMISSIONER LETZ: He drives lots of miles.
COMMISSIONER OEHLER: We need to be sure. Maybe he
gets reimbursed for transporting prisoners or something.
JUDGE TINLEY: Didn't you give him one of those
I Oklahoma credit cards?
COMMISSIONER OEHLER: Need to use that line item
next year, then.
JUDGE TINLEY: Any other questions or comments?
COMMISSIONER BALDWIN: Yeah. Yeah -- okay, no.
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: Motion carries. Budget Amendment
Request 15.
MR. TOMLINSON: Fifteen is for Human Resources, to
transfer $200 from Conferences to Telephone line item.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded. Any
question or discussion?
COMMISSIONER BALDWIN: Yeah. Is this -- is this a
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land line or is it a cell phone? Or --
MR. TOMLINSON: No.
MS. HYDE: No, land.
MR. TOMLINSON: Just land line.
COMMISSIONER BALDWIN: Land line. And the same
thing back on Constable 1's, I guess.
I MR. TOMLINSON: Yeah, it would be.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Further questions or discussion? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Budget
Amendment Request 16.
MR. TOMLINSON: Sixteen is for the County Auditor,
to transfer $450 from Conferences to Books, Publications, and
Dues, with a hand check payable to Kerrville Area Chamber of
Commerce for $450.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to include
hand check to Kerrville Area C.F.C. for $450. Any question or
discussion?
COMMISSIONER LETZ: What's it for?
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MS. HARGIS: Leadership training. I had already
been accepted into the program.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Leadership Kerr County?
MS. HARGIS: Yes.
JUDGE TINLEY: Mm-hmm, good program. Any other
questions or comments? All in favor, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Budget
Amendment Request 17.
MR. TOMLINSON: Seventeen is -- is for Road and
Bridge, and it's to increase the budget to recognize the
proceeds from the sale of some of their surplus property, and
for some sales of some pipe and street signs. We're
increasing the budget for -- for Surplus Sales of $24,948.28,
and for Culvert Pipe Proceeds of $1,339.65, and Street Signs
-- excuse me -- Street Signs for $605. We're increasing
the -- the Lease Principal Payment line item for $17,622.98,
Capital Outlay of $7,325.30, and the Culvert Pipe and Bridges
line item for $1,339.65, and Traffic Signs and Control for
$605.
COMMISSIONER LETZ: So moved.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
Amendment Request Number 18.
MR. TOMLINSON: Eighteen is also for Road and
Bridge. We had previously allocated some surplus sales to
Asphalts, Oils, and Emulsions for $11,365, and at the request
of Road and Bridge, we're moving that amount from Asphalts,
Oils, and Emulsions to Lease Payment for lease principal
payment.
COMMISSIONER WILLIAMS: What lease payment?
MR. TOMLINSON: The -- I think it's on the -- the --
MS. WILLIAMS: This is the one that the Court
approved last court meeting, the additional payment for the
zipper.
COMMISSIONER WILLIAMS: Oh, okay.
JUDGE TINLEY: That way that zipper will be paid
off. We're paying the third payment early. The second
payment will be October of this year, and it's clear then.
MS. WILLIAMS: Right. There's two payments still
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owing. We'll do this one in October, and it's done.
JUDGE TINLEY: Yeah.
THE CLERK: I need a motion.
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Do we have
any more budget amendments?
MR. TOMLINSON: No.
JUDGE TINLEY: Have any late bills?
MR. TOMLINSON: I have one. It's for H.S.B.C.
Business Solutions, which is Office Max, for $525.83. The
expense code would have been for Ag Extension. We -- we
discovered that we would have a late -- a late fee if we don't
pay it now, so we're requesting that we write a hand check for
that.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for approval
of late bill and hand check to H.S.B.C. to Office Max for
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$525.83. Any question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. I've been
presented with monthly reports from Constable, Precinct 2;
Justice of the Peace, Precinct 3; Justice of the Peace,
Precinct l; and amended report, District Clerk; activity
~, report for Justice Court of Kerr Precinct 2; Ag Extension
Office, May and June '07; Ag Extension Office, Family &
Consumer Affairs, June '07; County Clerk, general and trust
fund; Constable, Precinct 3; and J.P., Precinct 4. Do I hear
a motion that these reports be approved as presented?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded. Question
or discussion? All favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Do we have
any reports from Commissioners in connection with their
committee or liaison assignments?
7-23-07
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COMMISSIONER BALDWIN: I have a report that I'd like
to -- that I just received. It doesn't have anything to do
with liaison -- I guess it does, too.
JUDGE TINLEY: Sure it is.
COMMISSIONER BALDWIN: This is a letter from Judge
Vance Elliott to me. "Please advise the Commissioners Court
that I will resign my elected position as Justice of the
Peace, Precinct 1, effective August 24th, 2007. This 30-day
notice should give you reasonable time to recruit and
recommend a candidate to Commissioners Court for appointment
before the next general election is held." And then it goes
on to -- and tells me how wonderful I am. I'm not buying into
it. But, anyway, those are the dates.
COMMISSIONER LETZ: Commissioner, my recollection is
that if we accept this, he's resigned today; that he needs to
do an intent, maybe, to resign, but not -- we don't accept it.
Then we come in -- this happened with the Tax Assessor.
COMMISSIONER BALDWIN: We're not accepting it until
we find the answer to that question.
I COMMISSIONER LETZ: I think that's -- I don't think
they can do it in the future. You either are or you're not.
COMMISSIONER BALDWIN: The way I understood it is
that if it`s effective -- if he puts the word "effective" in
there, then that's the day.
COMMISSIONER LETZ: You can do it?
7-23-07
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COMMISSIONER BALDWIN: I think so.
MR. EMERSON: That`s what the Attorney General and
Secretary of State have said, --
COMMISSIONER BALDWIN: Secretary of State.
MR. EMERSON: -- is that if -- if I, for example,
were to turn in my resignation effective at some future date,
because technically I'm elected all the way through that full
term, that I have a right to stay until that effective date.
And for the benefit of the public, by me giving you advance
notice, they've blessed it.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: But we should not accept it
before that date; is that correct?
MR. EMERSON: Technically speaking, correct.
JUDGE TINLEY: You've got the other principle that
you continue to serve until your successor is qualified.
And -- and unless and until we appoint a successor, and that
successor becomes qualified by taking the oath and posting
bond, he will continue to occupy that position, I think, under
general statutory principles. Okay. Anything else?
COMMISSIONER WILLIAMS: I got one quickie, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: The -- there'll be a public
meeting Thursday at 7 p.m. at the Center Point High School
cafeteria for a public discussion on the final draft of the
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feasibility study for the Center Point/Eastern Kerr County
wastewater project. That's been advertised in the paper as a
public notice. Letters have been sent to all other agencies
that would have an interest in it, and I spoke with the
Kerrville Daily Times, and they will have a story about it
later this week.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
COMMISSIONER LETZ: Our city meeting is the 6th? So
we don't have another meeting prior to that?
MS. GRINSTEAD: No.
JUDGE TINLEY: Is it the 6th?
(Ms. Grinstead nodded.)
COMMISSIONER LETZ: It's at 8 a.m.
MS. GRINSTEAD: 8 a.m, at KPUB.
COMMISSIONER WILLIAMS: Did you say we're buying the
breakfast tacos?
MS. GRINSTEAD: You have to decide, but we have to
buy breakfast.
COMMISSIONER OEHLER: We have to buy breakfast?
COMMISSIONER LETZ: They bought last time.
COMMISSIONER OEHLER: Oh, no.
JUDGE TINLEY: We thought we'd just let you cook.
COMMISSIONER OEHLER: I know what you're thinking.
It's pretty obvious y'all have haven't considered anything to
7-23-07
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153
do with it except put it off on me. I guess that's the rookie
of the Court theory again.
COMMISSIONER LETZ: No, it's the good cook theory.
COMMISSIONER OEHLER: Okay, we'll see that something
happens. I said "we." I didn't say "I."
COMMISSIONER WILLIAMS: You'll send us a bill,
right?
COMMISSIONER OEHLER: That's right. It's liable to
cost you this time.
COMMISSIONER LETZ: I think that's all I have.
JUDGE TINLEY: You can respond to the cooking
responsibility now or --
COMMISSIONER OEHLER: This is the first I've heard
that we were supposed to supply breakfast for those people.
COMMISSIONER LETZ: "Those people."
JUDGE TINLEY: We got --
COMMISSIONER OEHLER: If we do the same thing they
did to us last time, it'll be cold when we get there, and the
butter wouldn't even melt, you know, sitting out in the hot
sun. But -- {Laughter.) But, anyway, okay. I guess
that`s -- I need to -- do we have a number of people that are
going to be there?
COMMISSIONER WILLIAMS: They usually bring 100 and
we always bring five or six.
COMMISSIONER OEHLER: Last time I remember about 50
7-23-07
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people being there or so, 40 or 50.
JUDGE TINLEY: They generally come with a lot of
their major staff people, their general administrative staff,
and then their senior department heads, the library, the --
the public works, the --
COMMISSIONER OEHLER: The entire camel train.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: Quite a few out of the fire
department.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Yeah.
JUDGE TINLEY: Have you got any more enlightening
words for us today?
COMMISSIONER OEHLER: I think I'll just not say
anything. That won't take me too long, and Buster, I know, is
getting hungry.
COMMISSIONER BALDWIN: Oh, yeah.
COMMISSIONER OEHLER: He's sitting over there having
a food attack.
JUDGE TINLEY: Any other reports? We're adjourned.
(Commissioners Court adjourned at 12:39 p.m.)
7-23-07
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STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 30th day of
July, 2007.
JANNETT PIEPER, Kerr County Clerk
BY: _~
-------- -~~~,lc --------------
Kathy B ik, Deputy County Clerk
Certified Shorthand Reporter
7-23-07
ORDER NO. 30383
TEEN CURFEW
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Extend the Kerr County Teen Curfew for another year.
ORDER NO. 3 03 84
YO RANCHLANDS, SECTION 3
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 that:
Authorize replat, as submitted, for Lots 109, 110, 118, 119, YO Ranchlands,
Section 3, Vo16, Page 17, Pct. 4.
ORDER NO. 30385
REGULATORY ROAD CHANGES
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioners Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Regulatory Road Changes as follows:
Speed Limit
Goat Creek Cut-Off
from 3 0 to 3 5 MPl-~
Yield to Stop Sign
Name Change
Greenwood to Marylin
Staacke Ranch Road to Bear Creek Road E
(note spelling)
ORDER NO. 30386
PRIVILEGE CREEK RANCHES, LOTS 2-11
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 3-0-1 to:
Approve the Final Revision of Plat for Lots 2-11 of Privilege Creek Ranches, Vol
7, Pages 136 & 137 (AKA Boerne Falls Ranch) to include Road Name Change
from Privilege Creek Lane to Turkey Knob, Pct. 3.
ORDER NO. 30387
GRANTWORKS APPLICATION WITH OFFICE OF RURAL COMMUNITY
AFFAIRS FOR 2007
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Authorize GrantWorks to file and application with the Office of Rural Community
Affairs for 2007 Texas Community Development Block Grant under the Colonia
Planning Fund in the amount of $30,000, for a study of Center Point, Westwood
Park, and Hill River Country Estates.
ORDER NO. 30388
DIRECT TV CONTRACT FOR JUVENILE DETENTION CENTfR
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the proposal by Mr. Stanton to commit to a 1 year contract with Direct
TV, and installation for access to viewing satellite TV for the Juvenile Detention
Facility, and authorize County Judge to sign same, subject to the County Attorney's
approval.
ORDER NO. 30389
CONTRACTS FOR NURSING SERVICES
Came to be heard this the 23rd day of July, 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 Contracts for nursing services between C. Burkett and W. Brown with
the Kerr County Juvenile Detention Center, and authorize County Judge to sign
same.
ORDER NO. 3 03 90
SALARY ADJUSTMENT FOR OSSF INSPECTOR
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Authorize a salary increase for educational training received by Roy Shaver, in the
Environmental Health Department, to go from a 17/5 to a 17/6 effective July 1,
2007.
ORDER NO. 30391
PRIVATE ROAD NAME CHANGE
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin/Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve changing private road name from Louise Ehler to Barbary Way, Pct. 3.
ORDER NO. 30392
LETTER OF CREDIT FOR VISTAS ESCONDIDAS de CYPRESS SPIZINUS
ESTATES
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 that:
Approve the extension and accept the Letter of Credit for Vistas Escondidas de
Cypress Springs Estates, Pct. 4.
ORDER NO. 3 0 3 93
POLICY FOR KERB COUNTY WEBSITE
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Adopt a policy for adding items to the Kerr County we~bsite to inform employees
ofnon-official information.
ORDER NO. 30394
2005/2006 MANAGEMENT DISCUSSION AND ANALYSIS
Came to be heard this the 23rd day of July, 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 2005/2006 Management Discussion and Analysis as part of the
outside independent audit.
ORDER NO. 30395
2006/2007 OUTSIDE INDEPENDENT AUDITOR
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 3-1-0 to:
Authorize Ms. Hargis, the County Auditor, to draft an expanded Scope of
Engagement Letter and bring it back to the Court for consideration and discussion
and approval, with the idea being to retain the existing outside Auditor for one
more year.
ORDER NO. 30396
POLICY AND FEE SCI~DULE FOR KERB COUNTY EXHIBITION CENTER
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Set a workshop on the Policy and Fee Schedule for the Kerr County Exhibition
Center, to include the booking procedures and staffing, for August 1, 2007 at 2:00
p.m.
ORDER NO. 3 03 97
FUND FOR CONDOLENCES FOR KERB COUNTY EMPLOYEES AND
FAMILY MEMBERS
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve establishing a fund to provide condolences or get-well remembrances for
Kerr County employees and their immediate family members.
ORDER NO. 30398
DECLARE HORSE STALLS SURPLUS
Came to be heard this the 23rd day of Suly, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Declare 40 horse stalls surplus at the Exhibition Center, and that they be placed for
auction to the public on September 8, 2007 at 9:00 a.m.
ORDER NO. 30399
CONTRACT WITH CAROLINA BIOLOGICAL SUPPLY COMPANY
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Approve Contract with Carolina Biological Supply Company to purchase from
Kerr County the remains of euthanized animals (cats only) for scientific, research,
education and/or other similar purposes.
ORDER NO. 30400
CLAIMS AND ACCOUNTS
Came to be heard this the 23rd day of July, 2007, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10 -General Fund	$	97,243.73
15 -Road & Bridge	$	16,568.58
28 -Records Mgmt & Preservation	$	10,391.71
50 -Indigent Health Care	$	72,393.23
59 -General Contractual Oblig.	$	3,280.00
63 -Lake Ingram Est Rd Dist	$	9,630.00
76 - Juv Detention Facility	$	9,095.63
TOTAL
$ 218,602.88
Upon motion made by Commissioner Baldwin, seconded by Commissioner
Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and
accounts.
ORDER NO. 30401
BUDGET AMENDMENT # 1
JUSTICE OF THE PEACE, PCT. # 1
Came to be heard this the 23rd day of July, 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 Gode Description
10-455-485 Conferences
10-455-499 Miscellaneous
Amendment
Increase/{)Decrease
+ $68.44
- ($68.44)
ORDER NO. 30402
BUDGET AMENDMENT #2
COUNTY JUDGE
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioners Oehler/Letz, 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 Conferences, Dues, Subs
Amendment
Increase/()Decrease
+ $90.69
- ($90.69)
ORDER NO. 3 0403
BUDGET AMENDMENT #3
198TH DISTRICT COURT
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-436-310 Office Supplies
10-436-403 Civil Court Appointed Atty
10-512-104 Jailer Salaries
Amendment
Increase/()Decrease
+ $15.55
+ $993.23
- ($1,008.78)
ORDER NO. 30404
BUDGET AMENDMENT #4
216th DISTRICT COURT
Came to be heard this the 23rd day of July, 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/()Decrease
10-435-310 Office Supplies +	$125.46
10-435-403 Civil Court Appointed Atty +	$598.50
10-435-497 Court Transcripts +	$202.45
10-512-104 Jailer Salaries -	($926,4 ~ }
ORDER NO. 30405
BUDGET AMENDMENT #5
COUNTY AUDITOR
Came to be heard this the 23rd day of July, 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
10-495-315 Books, Publications, Dues
10-495-310 Office Supplies
Amendment
Increase/()Decrease
+ $31.67
- ($31.67)
ORDER NO. 3 0406
BUDGET AMENDMENT #6
ENVIRONMENTAL HEALTH
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner OehleY-, seconded by Commissioner Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-640-485 Conferences
10-640-486 Site Cleanup
Amendment
Increase/()Decrease
+ $571.06
- ($571.06)
ORDER NO. 30407
BUDGET AMENDMENT #7
GENERAL FUND
COUNTY ATTORNEY
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-370-355 Co Prosecutor Salary Supp +
10-475-102 State Supplement +
Amendment
Increase/()Decrease
$7,766.00
$7,766.00
NOTE: To bring State salary supplement in line with amount received from Comptroller.
ORDER NO.30408
BUDGET AMENDMENT #8
ROAD & BRIDGE
Came to be heard this the 23rd day of July, 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
15-370-300 Various Refunds
15-611-450 Equipment Repairs
Amendment
Increase/QDecrease
+ $5,160.13
+ $5,160.13
NOTE: To recognize funds received from TAC on accident. DOL 06-U ] -2007
ORDER NO. 30409
BUDGET AMENDMENT #9
COUNTY COURT @ LAW
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-427-415 Special CCAL Judge
10-427-403 Master Court Appointments
Amendment
Increase/()Decrease
+ $240.00
- ($240.00)
ORDER NO. 30410
BUDGET AMENDMENT # 10
CUSTODIAL & GROUNDS
Came to be heard this the 23rd day of July, 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
10-510-316 Uniforms
10-510-440 Utilities
Amendment
Increase/()Decrease
+ $79.25
- ($79.25)
ORDER NO. 3 0411
BUDGET AMENDMENT # 11
HC YOUTH EXHIBITION
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Count unanimously
approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-666-450 Bldg & Grounds Maint.
10-666-440 Utilities
Amendment
Increase/()Decrease
+ $351.67
- ($351.67)
ORDER NO. 30412
BUDGET AMENDMENT # 12
COUNTY JAIL
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously
approved by vote of 4-0-0 to tiansfer the following expense codes:
Expense Code Description
10-512-220	Employee Medical Exams
10-512-331	Operating Supplies
10-512-333	Prisoner Medical
10-512-104	Jailer Salaries
Amendment
Increase/(}Decrease
+ $630.00
+ $2,080.39
+ $7,615.25
- ($10,325.54)
ORDER NO. 30413
BUDGET AMENDMENT # 13
SHERIFF'S DEPARTMENT
Came to be heard this the 23rd day of July, 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
Amendment
Increase/()Decrease
10-560-220 Employee Medical Exam + $180.00
10-560-310 Office Supplies + $333.66
10-560-463 Radio Tower Lease + $426.17
10-560-107 Dispatchers - ($939.3:0
ORDER NO. 3 0414
BUDGET AMENDMENT # 14
CONSTABLE PCT. # 1
Caine to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-551-420 Telephone
10-551-331 Fuel
Amendment
Increase/()Decrease
+ $260.00
- ($260.00)
NOTE: To cover expenditures through 09/30/2007.
ORDER N0.3 0415
BUDGET AMENDMENT # 15
HUMAN RESOURCES
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Baldwin, seconded by Commissioners Williams/Oehler, the Court
unanimously approved by vote of 4-0-0 to transfer the following expense codes:
Expense Code Description
10-493-420 Telephone
10-493-485 Conferences
Amendment
Increase/(}Decrease
+ $200.00
- ($200.00)
NOTE: To cover expenditures through 9/07.
ORDER NO. 30416
BUDGET AMENDMENT # 16
LATE BILL
COUNTY AUDITOR
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Lets, the Court unanimously
approved by vote of 4-0-0 to issue a hand check in the amount of $450.00 to the
Kerrville Area Chamber of Commerce for 07-08 LKC Fee for Jeannie Hargis and
transfer the following expense codes:
Amendment
Expense Code Description Increase/()Decrease
10-495-315 Books, Publications, Dues + $450.00
10-495-485 Conferences - ($450.00)
ORDER NO. 3 0417
BUDGET AMENDMENT # 17
ROAD & BRIDGE -REVENUES
KOAD & BRIDGE -EXPENDITURES
Came to be heard this the 23rd day of July, 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:
Amendment
Expense Code Description Increase/()Decrease
15-350-500	Surplus Sales	+	$24,948.28 - 1
15-350-520	Culvert Pipe Proceeds	+	$1,339.65
15-350-540	Street Sign(s) Proceeds	+	$605.00
15-611-462	Lease Principal Payment	+	$17,622.98 - 1
15-611-570	Capital Outlay	+	$7,325.30 - 1
15-611-554	Culvert Pipe & Bridges	+	$1,339.65
15-611-457	Signs/Traffic Control	+	$605.00
1 -Recognize unbudgeted Surplus Sales Proceeds for period 05/1/07-07/17/07 from eBay sales
to be used for payment on Zipper and to purchase trailer for Ingram Yard.
*-Unbudgeted Road & Bridge revenues received for period 05/01/07-07/17/07.
ORDER NO. 30418
BUDGET AMENDMENT # 18
ROAD & BRIDGE -REVENUES
ROAD & BRIDGE -EXPENDITURES
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously
approved by vote of 4-0-0 ~o transfer the following expense codes:
Expense Code Description
15-611-462 Lease Principal Payment
15-611-552 Asphalts, Oils, & Emulsions
Amendment
Increase/()Decrease
+ $11,365.00
- ($11,365.00)
*-To reallocate previously recognized Surplus Sales Proceeds that were put into Asphalts, Oils
& Emulsions.
(RE: Court Order #30271 - 05/14/07)
ORDER NO. 3 0419
LATE BILL
COUNTY AUDITOR
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously
approved by vote of 4-0-0 to issue a hand check in the amount of $525.83 to HSBC
Business Solutions (which is Office Max) for 07/23/07. (The expense code would
have been for Ag Extension.)
ORDER NO. 30420
MONTHLY REPORTS
Came to be heard this the 23rd day of July, 2007, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 the following monthly reports:
Constable Pct. #2
JP #3
JP # 1 & Amended Report
District Clerk
Activity Report for Justice Courts -Kerr Precinct 2
Ag Extension Office (Roy Walston) -May and June, 2007
Ag Extension Office (Jody Osteen) -June, 2007
County Clerk -General and Trust Fund
Constable Pct. #3
JP #4