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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, April 14, 2008
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
April 14, 2008
--- Commissioners' Comments
1.1 Consider/discuss, take appropriate action on
request from Ducks Unlimited to have various
fees waived for their event at HCYEC
1.2 Consider/discuss, take appropriate action on
statements and questions from Mr. Robert Skaggs
regarding the burn ban
1.3 Consider/discuss, take appropriate action to
approve pest control, HVAC, and electrical
contracts as recommended by Maintenance super-
visor after review of bids submitted; authorize
County Judge to sign same
1.4 Consider/discuss, take appropriate action on
replacing some air conditioning units at the jail
1.5 Consider/discuss, take appropriate action on
part-time salaries and other related issues
concerning operations of the Hill Country Youth
Exhibit Center
1.7 Consider/discuss, take appropriate action to
change private road name Juliana Bluff E. to
Raymond Mosty Lane E.
1.8 Consider/discuss, take appropriate action con-
cerning a 90-day extension to complete Megan Manor
and Western Surety maintenance bond #70271788
1.9 Consider/discuss, take appropriate action to
award annual bids for Road & Bridge materials
1.10 Consider/discuss, take appropriate action for
revision of plat, Ingram Hills, Lot 25; set
public hearing
1.11 Consider/discuss, take appropriate action for
revision of plat for Lots 23 & 24W in The Reserve
at Falling Water Subdivision; set public hearing
1.6 Public Hearing for Revision of Plat for Tract 3,
Theodore & Dorothea Oehler Estate
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I N D E X (Continued)
April 14, 2008
PAGE
1.14 Consider/discuss, take appropriate action on
retaining one of the older vehicles from Environ-
mental Health to use as a courthouse vehicle 35
1.17 Consider/discuss, take appropriate action to
establish a juvenile court docketing and reporting
system with sufficient capacity to comply with
Family Code and OCA requirements 42
1.19 Consider/discuss, take appropriate action to
approve proclamation to declare May 1st, 2008,
"National Day of Prayer" 53
1.20 Consider/discuss renovating original Juvenile
Detention Facility into office space and dry
storage space 54
1.12 Consider/discuss, take appropriate action on
request from Archway Recovery Outpatient Treatment
Center to be a preferred provider for Kerr County
Employees for drug and alcohol treatment 59
1.13 Consider/discuss, take appropriate action to
approve proclamation to declare April 21st, 2008,
to be "San Jacinto Day" 66
1.15 Public Hearing to abandon, vacate, and discontinue
a 15 ft. reserve strip and the portion of Church
Street that lies within the Tomm property 69
1.16 Consider/discuss, take appropriate action to
abandon, vacate and discontinue a 15 ft. reserve
strip and the portion of Church Street that lies
within the Tomm property 70
1.18 Consider/discuss, take appropriate actions to
approve exempting Kerrville Elks Lodge #2081 from
Real Property and Business Personal Property Taxes 71
1.21 Updates on improvements and cleanup plans at
Flat Rock Lake Park 78
1.22 Consider/discuss, take appropriate action on
proposal from Guardian Security Solutions to
furnish and install video teleconferencing
system in Kerr county Courthouse and Jail 88
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I N D E X (Continued)
April 14, 2008
1.23 Consider/discuss, take appropriate action
regarding real estate matters (Executive Session)
1.24 Consider/discuss, take appropriate action on
amendment of Commissioners Court Order No. 29142,
adopting Kerr County Nuisance Abatement Program,
to designate the Environmental Health Director
as director of that program
1.25 Consider/discuss, take appropriate action on the
presentation of audits on Sheriff's Petty Cash &
Leasing Procedures for Ag Barn and Union Church
1.26 Consider/discuss, take appropriate action on
joint City and County functions
1.27 Consider/discuss, take appropriate action
concerning using the inmate work program for
designated 501(c)(3) organizations
1.28 Consider/discuss, take appropriate action
concerning Kerr County Sheriff's Office personnel
in regards to inmate records
1.29 Consider/discuss, take appropriate action
concerning Kerr County Sheriff's Office jail
personnel in regards to inmate medical
(Executive Session)
1.30 Consider/discuss, take appropriate action on
coordination and work redistribution for
administration of elections (Executive Session)
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, April 14, 2008, at 9:00 a.m., a regular
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 regularly scheduled meeting of the
Kerr County Commissioners Court posted and scheduled for this
time and date, Monday, April 14, 2008, at 9 a.m. It is that
time now. Commissioner Letz?
COMMISSIONER LETZ: Please stand and join me in a
moment of prayer followed by the pledge.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the public or the audience that wishes to be
heard on any matter that is not a listed agenda item, feel
privileged to come forward at this time and tell us what's on
your mind. If you wish to be heard on an agenda item, we'd
ask that you fill out a participation form at the rear of the
room. That's not essential. If we get to an item that you
wish to be heard on and you have not filled out a
participation form, get my attention in some fashion and I'll
see that you have that opportunity. But right now, if
there's any member of the public or the audience that wishes
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to be heard on any matter that is not a listed agenda item,
please feel free to come forward at this time and tell us
what's on your mind. Seeing no one coming forward, we'll
move on. Commissioner Letz?
COMMISSIONER LETZ: I don't really have anything,
other than we got a pretty good frost this morning. Unusual.
That's about all I have.
COMMISSIONER OEHLER: I don't have anything. We
got a long agenda.
COMMISSIONER BALDWIN: I got a couple of things.
Just wanted to -- we've lost another great citizen; our good
friend Paul Barr passed away, and the funeral is today. Paul
was the Superintendent of Schools here for many years, and --
and helped build all the new stuff that we know as new today.
And a great guy, and I think he was my superintendent, as
well as Bruce's, back in the olden days.
COMMISSIONER OEHLER: Mm-hmm.
COMMISSIONER BALDWIN: So we lift his family up;
remember them. There's a good chance I will be putting the
burn ban on tomorrow. I understand that the winds are going
to start picking up again tonight, so there's a possibility
of the little red alert --
COMMISSIONER LETZ: Red flag warning.
COMMISSIONER BALDWIN: Red flag may come back into
our area tomorrow. If that's the case, I'm going to put the
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ban on. I wanted to let you know about Rex's son, Garrett,
Tivy High School track athlete, is -- placed very high in
district in the discus, and he will be throwing this weekend
in Fredericksburg at a little warm-up thing -- or, actually,
it's a big warm-up thing. And the following week, he'll be
at Alamo Stadium in San Antonio at the regional, which is a
big deal. Our -- our region is Austin, San Antonio, Corpus,
Kerrville, Del Rio. Big, big area; a lot of really good
athletes show up down there. It was kind of funny, the --
what's -- what college is that, Trinity?
MR. EMERSON: Yes.
COMMISSIONER BALDWIN: It's Trinity University, and
it's a cow pasture -- not much more than a cow pasture where
he throws. It goes uphill, doesn't it, Rex?
MR. EMERSON: Yes, it does.
COMMISSIONER BALDWIN: He throws uphill; it's the
goofiest thing you've ever seen in your life. So, he's --
Rex is telling me he's changing his entire style to throw
uphill. But he threw down there last year, so he's very
familiar with them. Good kid. Very excited about him, and
if y'all don't have anything to do next week, go to Alamo
Stadium to watch Rex's boy. That's all.
JUDGE TINLEY: Bill?
COMMISSIONER WILLIAMS: All quiet.
JUDGE TINLEY: Okay. Let's get on with the
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business at hand. First item on the agenda was a timed item
for 9 o'clock. It's a bit past that now because of our
opening matters. Consider, discuss, take appropriate action
on request from Ducks Unlimited to have various fees waived
for their event at Hill country Youth Exhibit Center on
October the 30th, 2008. Mr. Schmerber? Feel free to come
forward. This is Scotty Schmerber, who is an officer with
Ducks Unlimited in the local chapter; is that correct?
MR. SCHMERBER: That's correct.
JUDGE TINLEY: All right, sir.
MR. SCHMERBER: Thank y'all. Like Judge Tinley
said, we're just looking for a little variance here, little
help. As y'all know, every year we budget, just like y'all
do. In '05 I paid $262.50. In '06, I paid $230.50. '07, I
paid $230.50 cents. If all things go well this year, I'm
looking at paying $1,783.50. That's an 800 percent increase.
Now, I don't mind pulling my share, but I'm having to pay an
Ag Barn rental, a setup and take-down fee for chairs that I'm
going to have to purchase, and tables, which is $833.50.
Then I get charged for taking them up, putting them down.
So, like I say, with all of that, I'm looking at $1,483.50,
and then a $300 cleanup deposit, which I don't mind at all,
because Tim needs that for our guys. I don't know what y'all
can do for me. Just help me. We are a 501(c)(3); we do
provide our own insurance, of course, $2 million. We do
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provide our own security. Tommy Rodriguez comes in with a
couple of guys and we do that, too. So -- and most of y'all
know who we are and what we do. I don't have to tell you
that. I'm just looking for a little help somewhere, whatever
y'all can do. I don't mind paying my own way, believe me.
We do have the money for that. I just -- but I have to
answer to other people too, and when they see that kind of
increase, they're going to -- they're going to ask what's
going on. So --
COMMISSIONER LETZ: What rate was it -- were they
quoted, Jody? Just the regular?
MS. GRINSTEAD: I think that included the 350.
MR. SCHMERBER: $350 Ag Barn rental, $300 setup and
take-down, 75 cents for every chair, and we use every one of
them, which is 450. $4 a table, and we use every table for
our auction items and for eating, and that's 36 8-footers and
88 6-footers. So, like I said, that alone is $1,483.50.
COMMISSIONER LETZ: They're not getting the
nonprofit rate right now, the 50 percent reduction?
MS. GRINSTEAD: That quote does not -- no, the
nonprofit -- it's just the $350 rental fee is waived, not
50 percent.
MR. SCHMERBER: Even at 350, I'd rather you charge
me the Ag Barn rental and take away the chairs and tables.
That's the big burden, $833 for tables and chairs that I have
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to have. I mean, if I rent an Ag Barn, that -- I just don't
need the space; I need tables and chairs. So I'm getting --
COMMISSIONER LETZ: Well, --
MR. SCHMERBER: -- double-dipped here.
COMMISSIONER LETZ: -- the tables and chairs, we've
got a -- my mind is not to waive that, and the reason is,
that's a recovery. We have a lot invested there, that they
have to be replaced on a periodic basis. That's how we do
it. It's not going to be paid for by the taxpayers of the
county. I have no problem adding you to the nonprofit list,
which gives you the $350 break.
MR. SCHMERBER: So -- and with that $350 out, I'm
still looking at a 620 percent increase over the last three
years. I know we have to get in line here, but a 620 percent
increase?
COMMISSIONER LETZ: Well, look at the other side.
You got a great deal for all the years before. I don't mean
to be difficult, but --
MR. SCHMERBER: I don't call it a great deal. I
mean, we're still talking -- you know, and as far as tables,
I can see the wear and tear on those. And they are wore and
tore, 'cause -- 'cause we have to, you know, put the
tablecloths over all of them. So -- but like I said, $4 a
table and 75 cents a chair --
COMMISSIONER WILLIAMS: Scotty, our purpose was to
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standardize the rates for everybody. And we created a list
of not-for-profits; if you qualify, if you fit the list for
not-for-profits, you're there, but the rentals for tables and
chairs is standard for everybody.
MR. SCHMERBER: Okay. And I understand that, but
just as long as the -- that this is going to be standard for
everybody.
COMMISSIONER LETZ: It is.
COMMISSIONER OEHLER: It is, and it's also -- you
know, if you wanted to set them up and take them down and
clean up all your mess and haul off all the trash too, you
know, that's a big consideration. It takes a lot of time and
manpower to do that.
MR. SCHMERBER: It does.
COMMISSIONER OEHLER: I mean, and we have to do it
with whatever we have available. Sometimes we have community
service, sometimes we don't, and it costs a lot of money to
do all that, and a lot of time. So, you know, it's just --
it was too cheap for too long.
COMMISSIONER LETZ: But, I mean, we have -- I don't
know; you're probably the fifth or sixth person since the
first of the year that's come in for a -- a variance. We
have treated everybody the same. If they're a non -- if
they're a 501(c)(3), they get that same discount. Everything
else has been the same.
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MR. SCHMERBER: Well, like I said, as long as it's
across the table, I don't have anything to say about it.
COMMISSIONER WILLIAMS: It's across the table.
MR. SCHMERBER: All right, that's it. Thank y'all.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Thank you. Any formal action needed
on that item?
COMMISSIONER LETZ: Do we have to take action to
make a -- I make a motion that we add Ducks Unlimited to the
nonprofit list.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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. Thank you,
Mr. Schmerber.
MR. SCHMERBER: Thank y'all very much. Appreciate
it.
JUDGE TINLEY: Item 2; consider, discuss, and take
appropriate action on statements and questions from
Mr. Roberts Skaggs regarding the burn ban. Is Mr. Skaggs
present?
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(No response.)
JUDGE TINLEY: We'll move on to Item 3; consider,
discuss, take appropriate action to approve pest control,
HVAC, and electrical contracts as recommended by the
Maintenance Department supervisor after review of the bids
submitted, and authorize County Judge to sign same.
Mr. Bollier, you've reviewed the bids, and based upon that
review, it appears you've recommended, as primary pest
control, Hill Country Pest Control.
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: HVAC, Compton's of Kerrville.
MR. BOLLIER: Electrical would be D.W. Electric.
JUDGE TINLEY: And electrical, D.W. Electric. Is
that correct?
MR. BOLLIER: That's correct.
JUDGE TINLEY: And based upon your review, you're
asking that those be approved as the primary bidders, with
the understanding that if those folks aren't available,
you're free to call secondary or other -- other vendor
sources in order to get the work accomplished?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Is there any change, Tim,
from last year?
MR. BOLLIER: No, sir.
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COMMISSIONER BALDWIN: The same three?
MR. BOLLIER: Yes, sir.
COMMISSIONER LETZ: I make a motion we approve the
recommendation --
COMMISSIONER BALDWIN: Second.
COMMISSIONER LETZ: -- of the Maintenance Director
related to bids -- annual bids.
JUDGE TINLEY: And authorize me to sign the
contracts?
COMMISSIONER LETZ: Authorize County Judge to sign
the contracts.
JUDGE TINLEY: That's a second over here from one?
COMMISSIONER BALDWIN: Yes.
JUDGE TINLEY: We have a motion and second.
Questions 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. Next Item,
i Number 4; consider, discuss, and take appropriate action on
replacing some of the air conditioning units at the Kerr
County Jail. Mr. Bollier, this, I assume, is in connection
with the -- I believe we budgeted in the Jail Maintenance
budget a total of $50,000 for the purpose of addressing the
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air conditioning unit problem at the jail; is that correct?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: And are you wanting to seek bids?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: In order to replace one or more of
those units on a -- on a unit cost basis?
MR. BOLLIER: Yes, sir. There's a total of five
that I'd like to get replaced up there. And they're starting
to get stress cracks; they're starting -- and I think it's
Unit 3 or 4 that we're having problems with almost on a
weekly basis right now. We just replaced another compressor
in there, and that compressor is $3,000 or more, and I can't
see going on and keep replacing compressors in these
air-conditioners when they are old as they are. And I would
just like to start with, like, five of them. I don't know if
we will have the money to replace all five of them, but at
least we can get three or four of them replaced and get
started.
COMMISSIONER LETZ: I make --
MR. BOLLIER: And then maybe next year, we can do
the same.
COMMISSIONER LETZ: I'll make a motion that we
authorize the Maintenance Director to go out for bids on five
units at the Kerr County Jail.
COMMISSIONER OEHLER: Second.
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JUDGE TINLEY: Motion made and seconded as
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
part-time salaries and other related issues concerning the
MR. BOLLIER: Yes, sir. This is -- this is on a
matter that happened a couple of weeks ago, or back during
Good Friday and Easter Sunday. Well, since the stock show,
my overtime money is gone, shortly afterwards. These -- my
guys had asked if, for 2009, that they could have the weekend
of Good Friday and Easter Sunday off. They work basically
every weekend. They work seven days a week, basically. They
get very -- very few three-day holidays. And right now, I'm
still trying to hire somebody for -- for the guy that quits's
position, and we just don't have enough people to go around.
That's the whole problem. I've got people -- I have one man
that works Tuesday through Saturday right now, but a lot of
times I have two functions on Saturday night, and then I come
right back on a Sunday and I have another function.
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So, actually, I can't -- I mean, I have two other
people besides myself and one that stays at the Ag Barn to do
the maintenance as of right now until we get somebody else
hired. And I can't just let them off on comp time, because
there's too much work going on; we have too much going and
out at the Ag Barn, we get very few community service workers
here lately. Why, I do not know. I have not a clue, except
that I guess that, you know, a lot of them have jobs, and so
the only time that they do get to work is on Saturdays and
Sundays, and they work on the weekend crew for adult
probation. And as far as that, without -- without the
Sheriff's work program, B.J. and his boys, a lot of my work
don't get done. It just doesn't get done, simple as that.
We have 15 locations that are County-owned that we have to
maintain, that we have to keep mowed, that we have to keep
looking good for the public. And it's getting -- I just
don't have enough people to go around. That's just it.
JUDGE TINLEY: What are you asking from us today?
MR. BOLLIER: Well, if I can get this other person
hired, I would like to maybe come and -- and be able to hire
another person.
JUDGE TINLEY: Part-time?
MR. BOLLIER: I'd like to have somebody full-time,
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sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: This -- I talked to Tim a
little bit about this whole situation and having days off,
and what we do with the -- with his crew, because they -- the
comp time, the way we're set up, they're -- his staff really
can't do it, 'cause he can't give the comp time. I think we
need to look at paying -- paying the overtime for his group.
I mean, you know, comp time -- give him a little more in his
overtime budget to pay it, because if we're going to continue
to rent the Ag Barn facility and have Tim be responsible for
managing that, we've got to have people there. We can't, I
don't think, start blocking off weekends that we're not going
to rent it. That doesn't make sense. I mean, it's kind of
contrary to the philosophy of trying to rent the facility and
make money off of it. And I think the revenues are up this
year, and I think that is a source of the funds for an
additional person -- for overtime and/or an additional
person, any additional person issues. It's kind of a little
bit of a budget issue, but I support increasing his line item
for overtime.
COMMISSIONER WILLIAMS: Do we have any idea what
the amount of overtime would be for the remainder of the
budget year? Estimate?
MR. BOLLIER: I would probably say close to $5,000.
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Well, what do we have, half of the -- we still have half the
year to go? I would say in the neighborhood of -- I wouldn't
say 5,000; I'd say in the neighborhood, between 2,500 and
about three.
COMMISSIONER OEHLER: Something else that I think
we could look at on that, too -- now, he's not -- he hasn't
said this, but he and I talked about it, and that is to see
if we could hire some people on a part-time temporary basis
to man the Ag Barn facility on the weekends so we don't have
to use our full-time people, which are a heck of a lot more
expensive than maybe finding some people that would -- that
need to make a little supplemental income for a couple of
people that could maybe take -- one of them take a Saturday
and one take a Sunday. We just need somebody there that
maybe knows a little bit about running equipment, and mainly
just to be there so we have an employee on-site. when we have
this thing rented.
COMMISSIONER LETZ: Especially on -- on events that
are not huge.
COMMISSIONER OEHLER: Right.
COMMISSIONER LETZ: Some of the smaller type
events, we're really not going to have equipment needs and
things like that. And rodeos, that kind of stuff, we need
our people there. Lots of times, this person's just really
sitting there in case there's a problem.
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COMMISSIONER OEHLER: I'd like to see him go out
and try to find some temporary part-time workers, and they
wouldn't be subject to benefits and you could pay them an
hourly wage, and I believe that would be a cheaper way to do
it, and reserve our full-time employees for doing the
maintenance like they're supposed to do.
COMMISSIONER WILLIAMS: Are you one person short on
your staff right now?
MR. BOLLIER: Yes, sir.
COMMISSIONER WILLIAMS: So there's some impact as a
result of that.
MR. BOLLIER: Yes, sir.
COMMISSIONER WILLIAMS: What's the status of your
trying to find somebody to add to staff?
', MR. BOLLIER: Well, we have run our ad in the
newspapers, put it on the web and all that. Just -- just
waiting for somebody to put in an application.
COMMISSIONER OEHLER: Well, the other side of that
is, too, that while you don't have that full-time person,
you're -- you will have some left over budgeted funds that
could help fund that part-time salaries for the rest of the
year.
COMMISSIONER WILLIAMS: Right. How long have you
been vacant -- how long has that spot been vacant?
MR. BOLLIER: Since the week before the stock show,
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back in January. I'm not sure -- the stock show was
somewhere around the 20th, so it was a week before the stock
show.
COMMISSIONER BALDWIN: But they've only been
~ advertising a couple weeks.
COMMISSIONER WILLIAMS: That's a fourth of a year.
That's a full-time salary right there?
MR. BOLLIER: Yes, sir, that's a full-time salary.
COMMISSIONER OEHLER: That should make up the
difference for the rest of the year on maybe some temporary
part-time.
JUDGE TINLEY: Tim, do you see a good possibility
of maybe finding some temporary part-time, just on an on-call
basis, to have available to --
MR. BOLLIER: Work the weekend?
JUDGE TINLEY: -- to work the weekends out there?
MR. BOLLIER: Yes, sir. With the help of
Commissioner Oehler, I think -- we was talking about it the
other day, and we may know a couple of old-timers that know a
little bit about equipment and stuff like that.
JUDGE TINLEY: That are somewhat familiar with the
facility, or can be made that way?
MR. BOLLIER: Yes, sir. Yes, sir.
JUDGE TINLEY: I think that seems like maybe a
better -- I think we at least ought to try that before we --
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before we move some direction to try and get -- bring
somebody on board full-time that's going to include weekend
hours on their -- on their regular schedule. That's going to
be tough to fill, I think, as a full-time employee if you're
going to have them working both weekend days.
MR. BOLLIER: Be real tough.
COMMISSIONER LETZ: I think I'd like to see you use
the unused funds you have to put maybe part of it in
overtime, 'cause I think you are going to need more overtime
this year, and part of it in the part-time salary line item.
COMMISSIONER OEHLER: I think it will work out that
way if we can get --
COMMISSIONER LETZ: Or plan on going that way, and
then maybe -- you know, maybe get with Ms. Hargis and figure
out how much money is available from your salary line item
that can be moved into those two other line items.
JUDGE TINLEY: Ms. Hargis is making notes now. I
think we're going to see a budget amendment here fairly
quickly.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay. Anything else on that item?
COMMISSIONER BALDWIN: Are you going to talk about
taking -- shutting the thing down on Easter? Or you already
talked about it?
MR. BOLLIER: I'm real quiet. I already talked
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about it. But it's like Commissioner Letz said, we have to
rent the barn out as advertised. The way I look at it, it's
advertised. We can't just take a weekend off.
COMMISSIONER BALDWIN: So, you come in here and
request it, and then turn around and say you can't do it
yourself?
COMMISSIONER LETZ: I told him he couldn't do it.
MR. BOLLIER: He told me I couldn't do it.
COMMISSIONER BALDWIN: Maybe three of us think you
can. Come on, get in there and fight for your department,
I man .
MR. BOLLIER: Okay, I can fight for my department.
It's like this. I -- I'm not going to -- I'm just -- I have
five bosses that I look at up there. And we're not
complaining about doing our job; we all like our job, and we
all like working. It's just that it was -- you know, we get
off for Christmas, which is a Jesus holiday to me, and Easter
holiday is -- Easter weekend is a Jesus holiday to me too,
and that is a time that you should be with your families,
and -- and that's the way I look at it. And -- but if
Commissioners Court tells me that I have to work on Easter
weekend, then we'll work on Easter weekend.
COMMISSIONER BALDWIN: Yeah.
MR. BOLLIER: But I would like to see where we
didn't have to hold --
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COMMISSIONER BALDWIN: See, I agree with you. I
agree with you.
MR. BOLLIER: I would like to see where we didn't
have to, but that's up to you guys.
JUDGE TINLEY: If we could find someone that we can
have on call on a part-time basis to maybe cover that Easter
weekend --
COMMISSIONER BALDWIN: That's right. That's the
I way you do it.
JUDGE TINLEY: That's the solution, right?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Okay.
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Anything else, gentlemen? Thank
you, Mr. Bollier.
MR. BOLLIER: Thank you, Commissioner Baldwin. I
appreciate it.
COMMISSIONER BALDWIN: Yeah, you're welcome. I
couldn't get him to fight any more.
JUDGE TINLEY: Let's go to Item 7; consider,
discuss, and take appropriate action to change private road
name Juliana Bluff East to Raymond Mosty Lane East, located
in Precinct 2. Mr. Odom?
MR. ODOM: Yes, sir. I'll just say that Tim, when
he used the word "old-timers," I'm sure he was only talking
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about somebody older than 29 years of age, right? He gave a
very good answer. What we have is a private road name change
', from Juliana Bluff East to Raymond Mosty Lane East. This
road name change is to resolve a family conflict, and has
been approved by 911.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER BALDWIN: 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. We'll move
to Item 8; consider, discuss, and take appropriate action
concerning a 90-day extension to complete Megan Manor and
Western Surety Maintenance Bond Number 70271788. Mr. Odom?
MR. ODOM: Yes, sir. Kevin Spraggins from
Vordenbaum Engineering has asked for a 90-day extension to
complete the work needed on Megan Manor. They've been
working on the corrections, and I feel they will complete
them to our satisfaction before the end of 90 days. The
Judge received information from the Western Surety Company on
the Maintenance Bond Number 70271788. Therefore, I suggest
we send them a copy of the court order should you grant the
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extension.
JUDGE TINLEY: Question. The -- the bond, of
course, was written for a period of --
MR. ODOM: One year.
JUDGE TINLEY: -- one year.
MR. ODOM: Yes, sir. It's a maintenance bond.
JUDGE TINLEY: Would it not be necessary for that
bond to be extended, with whatever appropriate premium they
see fit to charge, for that extended period of time?
MR. ODOM: Logically, that sounds right. But --
I'm not legal, but my opinion would be is that we still
have -- we have the reservations in the court order prior to
the extension of that -- of that bond, and I would assume
that we would have recourse against that bond, either now or
90 days from now, if we decide --
MR. EMERSON: I think the bond is a contract, Len.
If you agree to sell me something and you have one year only
on your contract, it's only good for one year, unless we
extend it in writing.
MR. ODOM: All right. So, we'll need to contact
them and tell them to extend it for 90 days for that, then.
JUDGE TINLEY: That's what my thinking is.
MR. ODOM: Okay.
JUDGE TINLEY: But, you know, I've not done any
exhaustive research. I don't want them to be able to escape
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liability, if something arises later, because they weren't in
~'~
the loop and didn't have an appropriate extension on that.
MR. ODOM: Okay, we'll contact them and tell them
they need to extend it for 90 days.
COMMISSIONER LETZ: You need a court order?
MR. ODOM: I would say yes, sir, we would need a
court order on that.
COMMISSIONER LETZ: I'll make a motion that we
authorize a 90-day extension to Megan Manor -- or for Megan
-- to complete Megan Manor, subject to Western Surety
Maintenance Bond 70271788 being extended.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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. We'll move
to Item 9; consider, discuss, and take appropriate action to
award annual bids for Road and Bridge materials.
MR. ODOM: Yes, sir. My recommendation is for
awarding the annual bid for Road and Bridge materials for the
following: Contech for corrugated metal pipe. All bids on
the base material depending on location of the job site,
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which we normally do every year because of the shipping cost
or the time involved. Ergon for emulsion oils, and Vulcan
', Materials for black base, cold mix, and trap rock.
COMMISSIONER WILLIAMS: Move approval of the
recommendations.
COMMISSIONER LETZ: Second.
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JUDGE TINLEY: Motion made and seconded for
approval, based upon the recommendations of the Road and
Bridge Administrator. Question or discussion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 10; consider, discuss, and take appropriate action
for revision of plat for Ingram Hills, Lot 25, as set forth
in Volume 3, Page 149, Plat Records, and set a public hearing
on the same.
MR. ODOM: Yes, sir. This -- this lot is split
between the City of Ingram and Kerr County jurisdiction.
There was a meeting of all parties, and Ingram's
representative, Danny Edwards, has asked that we complete the
platting process. Lot 25 is 12.25 acres, and will be divided
into four lots. Aqua Texas has a public water system to
these lots. There will be an additional 15 foot of
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right-of-way dedicated on Butler Road, which is currently a
30-foot privately maintained road. At this time, we ask that
you set a public hearing for May the 26th, 2008, at 10 a.m.
COMMISSIONER OEHLER: So moved. I met with Lee
Voelkel and Len Odom, and we had Environmental Health
involved, everybody that needed to be involved, in kind of a
preliminary conference on the thing. It was had, and this is
kind of what we agreed to do. We thought it would be a good
way to handle it. We're getting an additional 15 feet of
right-of-way from the people that are cutting this lot up.
It meets all the setbacks and the other requirements, I
believe.
COMMISSIONER WILLIAMS: Second the motion.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, to set a public hearing on
5/26/08 at IO a.m. 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 11; consider, discuss, and take appropriate action
for revision of plat for Lots 23 and 24W in The Reserve at
Falling Water Subdivision, as set forth in Volume 7, Page
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215, Plat Records, and set a public hearing on the same.
MR. ODOM: Yes, sir. Lot 24W has placed an
underground propane tank on Lot 23. Therefore, they need to
adjust Lots 23 and 24W. At this time, we ask that you set a
public hearing for May the 26th, 2008, at 10:05 a.m.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval to set a public hearing for 5/26/08 at 10:05 a.m.
Question or discussion on the motion?
MS. GRINSTEAD: That's a holiday. I just checked.
That's Memorial Day. We won't have a -- it will have to be
5/27.
COMMISSIONER OEHLER: We did the previous motion
the same way.
JUDGE TINLEY: We'll come back to that momentarily.
COMMISSIONER LETZ: My motion is to do it on the --
20-what?
JUDGE TINLEY: -7th.
MR. ODOM: 27th.
MR. VOELKEL: That Tuesday?
JUDGE TINLEY: Motion's been revised to have the
public hearing on 5/27/08 at 10:05 a.m. Question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Let me recall Item 10; consider,
discuss, and take appropriate action for revision of plat,
Ingram Hills, Lot 45. A previous motion was passed setting a
public hearing for 5/26/08 at 10 a.m.
COMMISSIONER OEHLER: Move to revise the motion to
read May the 27th at 10 o'clock.
COMMISSIONER WILLIAMS: I'll second that.
JUDGE TINLEY: Motion made and seconded to revise
the previous action of the Court to be 5/27/08, 10 a.m.
public hearing. 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. I'll now
recess the Commissioners Court meeting and convene a public
hearing for the revision of plat for Tract 3, Theodore and
Dorothea Oehler Estate, as set forth in Volume 4, Page 27,
Plat Records, and located in Commissioners's Precinct 4.
(The regular Commissioners Court meeting was closed
at 9:22 a.m., and a public hearing was held in open
court, as follows:)
I/
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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 on the revision of plat for Tract 3,
Theodore and Dorothea Oehler Estate, as set forth in Volume
4, Page 27, located in Precinct 4?
MR. VOELKEL: I would. I'm Don Voelkel, and I've
been doing some surveying work for Margaret Krause, the
owner. And I want to just give you a brief synopsis of what
she had done. She had 56 or so acres, I think is how big her
tract was. In the last year or two, she hired somebody to
install -- to put in her septic tank. She has two separate
residences out there, one in the back and one toward the
front, and she hired an installer to come in and install
septic tanks. She didn't partition her land or anything.
Then she comes in to me and -- she hired him to do supposedly
what he was supposed to do, get the permits or whatever.
Well, she comes into my office late last year and wanted to
partition it so she could sell the back house and that
facility to a different -- to the person who was living
there. And I told her she would have to file a replat, so we
started doing all the right things to get the replat going.
It turns out the man who did the other -- the septics, that
installer didn't get the permits. Putting two on one tract
evidently has to have permits. She didn't know this. She
was trusting him to do -- just like she's trusted me to do
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part of her problem is that there's two separate septics on
two separate residences. And this replat will resolve that
part of the issue. There's other issues about they haven't
been permitted, and Tish may need some other things. But she
has been trying to do the right thing the whole time. And I
think if and when you approve this plat, it's going to solve
one of the problems. She may have some other problems. She
may need to get with her installer to get with Tish to fix
some other problems. But that -- to me, this replat -- or
revision of plat will resolve at least one of her issues.
And she hasn't sold anything yet. The people to the south of
her, there are two tracts that I'm aware of, and we've seen
the deeds; they've already partitioned it, and they have --
one of them's even a 5-acre tract out there, without filing a
replat or anything. So, there's other things been going on
out there even worse than what she's done, because she hasn't
sold anything off. So, I think -- and I don't know; when you
close the -- and open up the item for that, I think y'all may
pass it, or you -- maybe you can approve it contingent on her
getting these other issues, or you could pass it. I mean,
but she has not been trying to circumvent anything. She's
hired people to do the work for her, and that's why we're
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here today, is because she's tried to do the right thing.
The other people to her south haven't been in. We don't know
what they're doing, and -- and I'm not sure if they have
licenses or permits for their systems either. So, that
just -- I just wanted to give y'all kind of a background.
I've talked to Bruce about it, but I wanted to let you'll
know kind of what -- what's been going on. And if you have
any questions, I can try to answer them, but if not, that's
all I had to say.
JUDGE TINLEY: Thank you. Is there any other
member of the public that wishes to be heard with respect to
the revision of plat for Tract 3, Theodore and Dorothea
Oehler Estate, as set forth in Volume 4, Page 27, Plat
Records? Seeing no one else coming forward, I will close the
public hearing and I'll reconvene the Commissioners Court
meeting.
(The public hearing was concluded at 9:25 a.m.,
and the regular Commissioners Court meeting was
reopened.)
COMMISSIONER OEHLER: Well, I have met with Lee
kind of one of those things that punishes the landowner for
trying to do the right thing. But, at the same time, right
now we could maybe approve this conditioned upon coming into
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compliance.
JUDGE TINLEY: We don't have an agenda item to
further consider --
COMMISSIONER OEHLER: Oh, I'm sorry.
JUDGE TINLEY: -- as a matter today. The only
thing on the agenda was a public hearing.
I, COMMISSIONER OEHLER: Okay, I'm sorry.
JUDGE TINLEY: I assume the matter will be up on
another agenda at a future meeting.
COMMISSIONER OEHLER: I apologize.
JUDGE TINLEY: Let's go to Item 14; consider,
discuss, and take appropriate action on retaining one of the
older vehicles from Environmental Health to use as a
courthouse vehicle. Commissioner Letz.
COMMISSIONER LETZ: I put this on the agenda. It's
actually -- I was talking with Rex about it at one point, and
it seems to me that we have some vehicles that don't have a
great deal of salvage value, and it would -- we have an
ongoing problem of individuals using their private vehicles
for county use. Maybe it'll solve that problem without
costing much money to have this -- one of these vehicles just
assigned for courthouse use by people that need to go to the
bank or whatever else they're doing, so they don't use their
own personal vehicles. And that way, we can get out of that
insurance problem.
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COMMISSIONER WILLIAMS: Who would control the use
of the vehicle?
COMMISSIONER BALDWIN: You.
COMMISSIONER LETZ: Yeah. (Laughter.)
COMMISSIONER WILLIAMS: I don't think so.
COMMISSIONER BALDWIN: Is your wife doing anything?
COMMISSIONER LETZ: Ms. Hargis, you had a comment?
MS. HARGIS: Yeah. The only thing I want to say
is, these two vehicles are -- we've spent a fortune on them
already. They're not mechanically that great, so we need to
know that this is not a vehicle that can really go outside of
Kerr County. 'Cause it -- it's just not mechanically --
COMMISSIONER WILLIAMS: In-town errands.
COMMISSIONER LETZ: In-town errands. This is
like -- I know that pretty much all the elected -- or many
elected officials have different accounts and need to go to
the bank and things of that nature.
COMMISSIONER BALDWIN: See, that's my question, is
how many offices go to the bank daily or every other day now?
Is -- is the County Clerk going to use it at 9:27 in the
morning, and then the District Clerk uses it at 11:02? Or --
I mean, schedule it? Or can we get one person out of the
courthouse to make these bank -- make the bank runs?
COMMISSIONER LETZ: That would be a good idea.
COMMISSIONER BALDWIN: See, you have one vehicle,
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one person. That's -- that's the American way. That's the
cowboy way.
COMMISSIONER WILLIAMS: Sounds good to me. You're
in charge.
COMMISSIONER LETZ: But I suspect -- I don't know;
I shouldn't say I suspect. There may be an issue between a
person handling money from the Tax Assessor's office and --
COMMISSIONER BALDWIN: I understand, a person
handling money from this office and that office, and I'm just
-- I'm just, you know, thinking that maybe -- I may be going
through some of the other elected officials' minds.
COMMISSIONER WILLIAMS: We can leave the keys with
Mr. Bonier, and they can always be turned back in to
Mr. Bonier.
COMMISSIONER OEHLER: I feel like that each one of
these offices have people that are bonded to handle money,
and if they could rotate the person depositing the money,
maybe once a week, maybe one -- one office person, say, in
the District Clerk's Office takes the deposit for everybody
one week, and next week, maybe Jannett, one of her girls, you
know. I can see I'm not making any headway.
COMMISSIONER BALDWIN: No, but I like what you're
saying. I know this turf thing --
COMMISSIONER OEHLER: I mean, they're bonded and
handle money all the time, so what's the big deal about
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taking it in and depositing it and then coming back?
COMMISSIONER LETZ: I agree. Anyway, it -- I just
put it on the agenda to have the discussion.
COMMISSIONER BALDWIN: Well, let's go back to the
-- the reason that we're even having this conversation. And,
Rex, you have addressed this with us before.
MR. EMERSON: Addressed this a couple of times over
the years.
COMMISSIONER BALDWIN: And I think it's worthy to
revisit right now.
MR. EMERSON: It's really an insurance issue, and a
liability issue. And if we have another vehicle that we can
use, whether each department makes their own run or not, it
would really help the County out on liability issues if we
could use a county vehicle.
COMMISSIONER OEHLER: Well, I have a suggestion.
Let's get rid of all three of them and take the money we get
from all three and maybe buy one, you know, used, nice,
decent, you know, good mileage vehicle to replace it.
COMMISSIONER LETZ: That's not a bad idea.
~I
~, COMMISSIONER WILLIAMS: Are these the old jeeps
~I
~' we're talking about we got from U.G.R.A.?
COMMISSIONER OEHLER: These are the old jeeps,
'cause those things don't get very good gas mileage, either.
You might as well be running my pickup to drive one of those
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things. I just think it would be a good idea to get rid of
all three of them and get one decent one.
~ COMMISSIONER BALDWIN: Is that the issue? I mean,
is that the issue of not being able -- one person go to the
bank? 'Cause the damn car's not nice enough?
COMMISSIONER OEHLER: No, no, no, no. I'm just
saying get a better one for the price of the three bad ones.
COMMISSIONER BALDWIN: Oh, yeah. Well, I'm there.
COMMISSIONER LETZ: I agree with that. That's
fine. I just think we have an opportunity to use those
vehicles to come up with a vehicle to use for the courthouse.
COMMISSIONER OEHLER: Well, I agree we need to get
a vehicle for somebody -- for people to use to go do their
errands around town so we don't have the insurance liability
problem.
COMMISSIONER LETZ: How do we --
COMMISSIONER WILLIAMS: Is the agenda item styled
appropriately to do that? That's a question.
COMMISSIONER LETZ: Probably not.
COMMISSIONER OEHLER: Probably not.
JUDGE TINLEY: No, I don't think so. I'm back to
where we were on the District Clerk's suggestion of
deception, if you'll recall.
COMMISSIONER BALDWIN: Mm-hmm.
JUDGE TINLEY: If there's an accident, why, you
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know, the driver happens to just merely report that they were
tending to their own affairs.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: So that coverage is in effect. And
I'm sure that there's -- there's probably a lot of truth in
that in every case.
COMMISSIONER OEHLER: So, we'll probably have to
put this on the next agenda to discuss it properly.
MS. HARGIS: This kind of goes back to the fact --
excuse me, again -- that we're supposed to start
collecting -- pretty soon we'll be at the 50,000 population
mark where they're going to have to turn everything in to the
Treasurer anyway, so this is going to be, maybe, more or less
a dry run on learning how to have that office take the money,
because they go every day. And I've got the J.P.'s offices
going and having -- so she's taking more than one department
now. So, we just --
COMMISSIONER LETZ: To me, that's the logical
office to handle all the money, the Treasurer's office. The
job is to handle all those accounts.
MS. HARGIS: I can't force Jannett to do -- or
Linda to do that, but I think that would be the more logical
source.
COMMISSIONER BALDWIN: Neither can we.
(Commissioner Baldwin left the courtroom.)
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JUDGE TINLEY: Can't even force Buster to stay.
MS. HARGIS: But I do think that his office would
probably be the best, because they are downstairs, and there
would be somebody there -- you know, if he's not there,
there's usually somebody in that office, and they can sign in
and out when they pick up a car.
COMMISSIONER LETZ: Let's put this on the next
agenda to declare those three vehicles surplus, and use the
funds to purchase a county vehicle. Is it two or three?
MR. GARCIA: Two jeeps.
COMMISSIONER LETZ: Two jeeps. Two jeeps surplus.
Is that how we do vehicles? Is that right? We declare them
surplus, and we can sell them?
MR. EMERSON: Yes, sir.
MR. ODOM: Declare them surplus.
JUDGE TINLEY: Okay. Anything else on that item?
Let's go to Item 16; consider, discuss, take appropriate
action to abandon, vacate, and discontinue a 15-foot reserve
strip as set forth in Volume R, Page 212 of the Real Property
Records or Deed Records, and the portion of Church Street
that lies within the Tomm property, all located in Precinct
2. Mr. Odom, you're up again.
MR. ODOM: Yes, sir. But do we not have to have
that 10:10 meeting, that public hearing, before we --
JUDGE TINLEY: Excuse me. Thank you.
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MR. ODOM: Yes, sir.
JUDGE TINLEY: We'll come back to that item. Let
me go to Item 17. My apologies. Consider, discuss, take
appropriate action to establish a juvenile court docketing
and reporting system with sufficient capacity to comply with
Family Code and Office of Court Administration requirements.
Which one of you guys wants this?
MS. PIEPER: We've had ongoing problems with our
juvenile software. Therefore, we would like to establish a
juvenile court docketing reporting system, and basically
getting different software. There's several aspects of this.
We won't have to do multiple key punching; it would -- it
would be faster.
(Commissioner Baldwin returned to court.)
MS. PIEPER: We can still integrate the four main
offices with new software; the Clerk's office, the County
Attorney, Juvenile Probation Department, and the Detention
Center. We would be able to keep track of our detention
hearings, because now we're going to be keeping track of them
with pen and paper, the old way, the way we used to do it.
(Commissioner Letz left the courtroom.)
JUDGE TINLEY: Is that going to affect anything
that I do?
MS. PIEPER: No, sir.
JUDGE TINLEY: Okay. Budgetary impact?
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MS. PIEPER: There will be some budget impact. I
haven't got all the costs involved yet, but I have found most
of it. And I need to talk with John on the specs that would
be required for the server and his line of it.
MR. EMERSON: Let me expand on what Jannett's
saying. Part of the issue that we have here is that the
current software system that we have will not allow her to
set the detention hearings without affecting her Office of
Court Administration reports, and so what you have is a
system that's requiring her to go back and manually
recalculate all of her OCA reports. It, you know, defeats
the whole purpose under the current Odyssey system. If we
go -- and at this point, she's going to be creating manual
court dockets twice a week, every week, because we can't
enter the detention hearings any more without messing up the
docketing system in addition to that. So, if we get the new
software, it will allow all four offices to integrate, all
four offices to share information. It will allow us to load
information at our level that will automatically pass to
Jannett's and go in the case file, so we're not
double-punching the information in the computer. The
software that we've looked at so far will allow for separate
docketing for detention hearings without affecting the OCA
reports, and, you know, I think it'll save the County a lot
of money in the long run.
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(Commissioner Letz returned to court.)
JUDGE TINLEY: Does the current system -- if
there's a detention hearing set, does that automatically let
the Juvenile Detention Facility know of that hearing?
MR. EMERSON: No, sir.
JUDGE TINLEY: That it's scheduled?
MR. EMERSON: No, sir.
JUDGE TINLEY: Does it let Juvenile Probation know?
MS. PIEPER: I don't believe so.
MR. EMERSON: No. The way it is right now --
JUDGE TINLEY: Doesn't let you know either?
MR. EMERSON: No. They have to manually load the
docket, and then each of us kind of go in every day and check
e-mail, check the docket.
MS. PIEPER: The docket's e-mailed to the different
offices.
JUDGE TINLEY: So, if that's not happened, we may
look up and not have the children here to hold a detention
hearing on, because Detention doesn't know to bring them
over.
MS. PIEPER: Correct. I've talked with Software
for -- how long have we had the system, four years? I don't
remember now. And I finally got a straight answer out of
them that we cannot. It cannot be programmed for our
juvenile detention hearings, the Odyssey program. I've
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talked with other clerks, and we seem to have a larger load
of detention hearings than what other counties that have
Odyssey are on. They're all doing it manually.
JUDGE TINLEY: Have any of them attempted to --
based on your discussions, tried to get an Odyssey fix on it?
MS. PIEPER: I haven't discussed that with them,
but they don't really seem concerned because they don't have
that many cases.
JUDGE TINLEY: Well, I can sure see the need
that -- that the County Attorney's office, the Probation
Department and the Detention Facility all have a need to have
access to that information. It's essential, I think.
MS. PIEPER: Well, we're all doing it by phones and
e-mails.
JUDGE TINLEY: You send them something, but that's
not real efficient.
MR. EMERSON: No. You know, and the other aspect
that comes into play is that there's several companies out
there that have the software that will do everything we're
talking about, plus they will allow us to handle all the
', financial inside of one program, off one screen. Juvenile
Probation can accept the money just like they've been
~i
accepting it. They can key it in, pass it to the Treasurer,
and it shows up in Jannett's reports without having to
double-key.
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COMMISSIONER BALDWIN: It sounds like to me that
y'all have a problem of some sort, that our system that we
~'~~ have today doesn't work for you. So, you need to -- all I'm
interested in is how much is it going to cost?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: That's what we want to know,
or I think that's what the Judge -- you're going to
coordinate all the other stuff with the Judge.
MR. EMERSON: The short answer -- I'll just jump
the gun. The short answer is that, ballpark, by the time we
do the -- providing the technical requirements on the server
meet, it will run about $60,000.
COMMISSIONER BALDWIN: $60,000?
MS. PIEPER: I have found $60,000, but --
COMMISSIONER BALDWIN: You have found $60,000?
MS. PIEPER: I have.
COMMISSIONER WILLIAMS: Where?
MS. PIEPER: In advance. I have --
COMMISSIONER WILLIAMS: Which closet?
MS. PIEPER: I have five different budgets, and if
y'all would allow me to do budget amendments and pull them
all together. One of them was a HAVA grant; there's 55,000
in there. There's a HAVA grant that -- when the Legislature
was going on, we were doing the budget. I had to figure for
that, not knowing if that bill was going to pass or not.
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That bill did not pass; therefore, I have that -- that
portion of that, and then from pulling in a couple of
other -- 1,000 here and 1,000 there, you know, from other
line items.
COMMISSIONER WILLIAMS: A HAVA grant?
MS. PIEPER: Yes.
COMMISSIONER WILLIAMS: Is that not restricted to
voting issues?
MS. PIEPER: No, because that money came from the
general fund to put in that line item. So, all we have to do
is take it back out of that line item with a budget amendment
into Computer Hardware or Computer Software or whatever it's
called.
JUDGE TINLEY: This isn't grant funds that we've
got. This is our own money that we put over there on a
contingency that we were going to have to match some of their
requirements.
COMMISSIONER LETZ: Was Odyssey supposed to be able
to do this?
MS. PIEPER: Yes. I have not done a juvenile
report to the state in six months. I have been on the phone
with a gentleman from Odyssey several times a week for the
last couple of months, and finally, two weeks ago, he said,
"Jannett, we can't do it and we won't do it." I'm like,
"Okay." So, I have to figure out something else.
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COMMISSIONER WILLIAMS: And your proposal is to buy
a software package from some other group?
MS. PIEPER: That will meet our needs.
COMMISSIONER WILLIAMS: Compatible or not
compatible with Odyssey?
MS. PIEPER: No, it's not compatible with Odyssey,
but it's compatible with all the other offices that need to
be --
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Mr. Trolinger, have you looked
at this?
MR. TROLINGER: No, and I have not been asked to
look at it.
COMMISSIONER WILLIAMS: That's interesting.
COMMISSIONER LETZ: I mean, I think that before I
can approve it, you've got to get with Mr. Trolinger, because
I need to make sure that he tells me that that software is
going to be compatible with everything else in our county
system.
MS. PIEPER: Right. Well, I've been trying to get
specs and stuff like that, so basically, it's just adding
more RAM. I don't understand technical specs. It can be
loaded on our same server that we have.
COMMISSIONER LETZ: What I'm concerned about is
loading anything on our server that he isn't comfortable
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with.
MS. PIEPER: Oh, exactly. I agree.
COMMISSIONER LETZ: He needs to look at it before
we can move forward, I think.
COMMISSIONER OEHLER: In about two weeks.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: Bring the numbers in here of
how, you know, to -- moving all this money around. But I
want to go back. I know I'm going to stir up something here,
but I want to know. As a representative of the taxpayers
that spent a lot of money on this system that we have now,
tell -- y'all explain to me -- I don't think they're
interested in it, but I am. Tell me -- Mr. Trolinger just
said that he was not asked to look into this issue.
MS. PIEPER: That is correct.
COMMISSIONER BALDWIN: Now, how does that work?
Why -- why hasn't he been asked? Did you -- is it your place
to ask him to look into it?
MS. PIEPER: Yes, it is.
COMMISSIONER BALDWIN: Why didn't you ask him to
look into it?
MS. PIEPER: Because I've got to get all the specs
and stuff that he needs before I go to him.
COMMISSIONER BALDWIN: I don't know. I think --
MS. PIEPER: That, and I need to get -- and I
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figure that I need some sort of census before I bother him
with it.
COMMISSIONER BALDWIN: Well, how about trying
something like, "John, we bought this system; we spent a lot
of money on it, taxpayers' money, and they claimed that this
thing would work, and it does not work. Would you explain it
to us, please?"
MS. PIEPER: He hears that every other day.
COMMISSIONER BALDWIN: He's told us that he hasn't.
MS. PIEPER: Well, I mean, he hears that our system
that we have now, every other day, doesn't work.
COMMISSIONER WILLIAMS: It obviously works.
COMMISSIONER BALDWIN: I'm really disturbed --
COMMISSIONER LETZ: I don't get that from him every
other day.
COMMISSIONER BALDWIN: I'm disturbed that we're not
even trying to communicate, is the issue. Obviously, the
system doesn't work. We got screwed, or partially screwed --
MS. PIEPER: Correct.
COMMISSIONER BALDWIN: -- on the taxpayers' money.
But the fact that we're not even trying to communicate,
that --
MS. PIEPER: Well, it's not that I'm not trying to
communicate. It's just like if I want to -- if I have an old
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car that is a lemon and I have to repair it a lot, you know,
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I go out and I look for me a car, and if I see one that I
like that fits my needs, then I'll go home and -- to my
husband and say, "Hey, honey, I have this car I want you to
look at. What do you think?" I haven't got to that part
yet. You know, as soon as we get to that part, then I'll
say, "John, what do you think?"
COMMISSIONER WILLIAMS: With all due respect, Madam
Clerk, I think that's a rather narrow analogy.
MS. PIEPER: Well, I'm sorry.
COMMISSIONER WILLIAMS: You're talking about a
$20,000 vehicle that you think may be a lemon versus a
million-dollar package of software that we know does work.
MS. PIEPER: Well, I think it's a lemon as well,
sir.
COMMISSIONER BALDWIN: That would be my first
question. It would be my first question -- actually, my
first action. Get him by the ear and drag him in there and
find out why the damn thing's not working, would be my first
-- not last, but first.
MS. PIEPER: Well, it's a programming issue, and
evidently Odyssey can't program it the way it needs to work.
JUDGE TINLEY: It occurs to me that maybe you're
premature, if you haven't got all the information together,
by bringing this item to us at this point.
MS. PIEPER: Well, I got my last bit of information
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that I was digging for, and I think I've already lost it.
But I have not shown to it John yet; I just received it this
morning.
COMMISSIONER LETZ: Well, I want -- I mean, first
thing, since Mr. Trolinger's here, I want him to tell me that
Odyssey isn't going to work on this. That's the first step.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: And probably a "why" in there
would be nice. And then --
COMMISSIONER BALDWIN: Did Odyssey tell us that it
-- that this --
COMMISSIONER LETZ: The second step is then, how do
we get around the problem of Odyssey not working for this
particular use?
JUDGE TINLEY: And I think, as part and parcel of
that, if, in fact, there's some evidence that Odyssey
represented to us when we acquired this system that it would,
in fact, accomplish these particular things, maybe we need to
have a serious discussion with Odyssey about their legal
obligation.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER BALDWIN: I agree.
COMMISSIONER OEHLER: I very much agree with that.
MR. TROLINGER: Well, I've been handed an e-mail
that has some specifications for a server, but this is
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obviously not the right way to do this.
JUDGE TINLEY: Yeah, okay.
COMMISSIONER LETZ: Next meeting.
JUDGE TINLEY: Okay. That's about all we can do on
17. Why don't we go to Item 19; to consider, discuss, take
appropriate action to approve a proclamation to declare May
Ist, 2008, as National Day of Prayer. Reverend Lancaster, of
course, has been at the helm of that particular item for
several years now.
COMMISSIONER WILLIAMS: Move approval of the
resolution establishing May 1, 2008, as National Day of
Prayer in Kerr County, Texas.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion?
COMMISSIONER BALDWIN: Judge, we don't have anyone
here representing Ms. Lancaster?
JUDGE TINLEY: She indicated to me that --
COMMISSIONER BALDWIN: Oh, okay.
JUDGE TINLEY: -- after the agenda item was there,
that she would not be able to be here, and asked that I go
ahead and present it to the Court. Further question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
Kerr County Juvenile Probation, and/or Texas Child Protective
COMMISSIONER WILLIAMS: Judge, I put that on the
agenda because we have been believing that -- over the past
six months or so, that we were going to be able to lease the
facility to a program outfit that would -- that would be
under contract to Texas Youth Commission for probational-type
services. T.Y.C., being still a state agency in great
disarray, has put a hold on all of that; has in this
particular instance indicated that there probably would not
be a contract awarded for those type of services in the age
group that we have anticipated. Therefore, any anticipation
on our part that we might be leasing that on a long-term
basis seems to have gone out the window. That said, that
building has been sitting there idle now for several years.
We're responsible for its upkeep, maintenance, keeping it
reasonably functional, and it has no -- it has no express
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purpose at this point. We've abandoned, as the Court knows,
a post-adjudicated youth detention. We only deal with
preadjudicated youth in the annex, and so the building sits
there idle, and it could be used. I doubt seriously that
it's one that we would find easily able to sell, so why don't
we think about how we could use it ourselves? The thought
occurs to me that the building does lend itself to
rehabilitation or some reconstruction works. It could be
made into county offices. It could -- we could perhaps
consolidate some of those services that are in leased space
in other parts of town into one facility. And that's the
reason why I put it on the Court's agenda for some
discussion.
JUDGE TINLEY: Well, Commissioner, a couple of
thoughts. One is, I -- anything can be renovated for
something, but there's going to be, I think, considerable
cost to try and make the facility from what it is now into
something suitable for the suggested purposes. I firmly
believe that, as the situation at the State shakes out,
particularly in view of Senator Whitmire's comments, as I'm
sure you're aware, that we need to have these facilities
for -- secure facilities for housing youth out in the rural
areas or in various areas around the state that are closer to
the home county locations from which the children are placed
there, I think we're going to see more possibilities coming
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up, either on a contract basis or with -- with private
contractors, or possibly with T.Y.C., or depending on what
may happen with T.Y.C., with T.J.P.C., about needing some
additional space for the purpose for which that facility is
currently suited. You know, insofar as giving you a
timeline, obviously, I can't, but this situation that T.Y.C.
is in now has got to shake out with some sort of resolution.
COMMISSIONER WILLIAMS: One would hope.
JUDGE TINLEY: And the fact that -- the fact that
it didn't happen the first time around, I think it's -- it's
still out there, and I think it will probably visit us in the
not too distant future. That's my thoughts.
COMMISSIONER LETZ: I mean, I pretty much share the
Judge's view, I think. I think it's expensive to re -- to
redo that building, and if we can avoid that, great. The
other part of that is, at some point we do have to decide
what we're going to do with it, 'cause it's just
deteriorating, and -- but I think waiting about a year to get
to the next legislative session, and in which case things may
or may not happen -- obviously, something has to happen with
T.Y.C. and the whole --
COMMISSIONER WILLIAMS: Well, the initiative of
Senator Whitmire that the Judge talks about would require
some legislative action next year, and that's a possibility.
And it does enable counties to -- even in large metropolitan
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areas, to go outside the county and seek housing. But it
would also -- a corollary, I believe, Attorney General's
opinion came down the pike, too, talking about how counties
can't finance that with certain funds -- impressed funds that
come through the District Attorney, I believe, or the County
Attorney, whatever. They have to do it on their own. But,
you know, I just thought I'd put it up there for discussion.
If we want to wait, we can wait.
JUDGE TINLEY: The A.G. opinion you're referring
to, I think, had to do with forfeiture funds --
COMMISSIONER WILLIAMS: That's it, yes, sir.
JUDGE TINLEY: -- that District Attorneys end up
getting, not being available for use to improve or otherwise
expended on juvenile facilities.
COMMISSIONER WILLIAMS: Purchase or improve or
lease.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Good enough.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No.
JUDGE TINLEY: Okay. Let's go back to timed items.
COMMISSIONER BALDWIN: Judge, can we --
JUDGE TINLEY: Excuse me.
COMMISSIONER BALDWIN: I just want to make a
comment real quick on --
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JUDGE TINLEY: Surely.
COMMISSIONER BALDWIN: -- on Number 19, the
National Day of Prayer.
JUDGE TINLEY: Yes, sir.
COMMISSIONER BALDWIN: And this proclamation.
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: I read in some of our
e-mails from Ms. Lancaster that the day of this thing, out on
the front lawn, she wanted each one of us to come up there
and sign this document at that time. And we're signing it
today? Is there -- is there a big deal here? Or -- I just
wanted --
JUDGE TINLEY: If we're all going to be on it, some
of us may not be there that day, and I'd sure as the dickens
hate to --
COMMISSIONER BALDWIN: I've signed it.
JUDGE TINLEY: -- not have one that was fully
executed.
COMMISSIONER BALDWIN: The poor lady.
JUDGE TINLEY: If we are all there, I suppose we
can get a fresh one.
COMMISSIONER BALDWIN: I'm just going to do what
the poor lady is requesting, trying to meet the needs of the
taxpaying public. I mean --
JUDGE TINLEY: You've now let the cat out of the
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bag, Commissioner. Let's go to our 10 o'clock timed item,
Number 12. Consider, discuss, take appropriate action on a
request from Archway Recovery Outpatient Treatment Center to
be a preferred provider for Kerr County employees for drug
and alcohol treatment.
MS. WATSON: Hello.
JUDGE TINLEY: Hello.
MS. WATSON: I'm Marion Watson, and my cohort, Rick
Carr, is at home with strep throat today, so he didn't come.
Now, I have information. Do I need to leave this with you
gentlemen?
JUDGE TINLEY: Be helpful.
MS. WATSON: Okay. I was told to bring information
on our program, so I did.
JUDGE TINLEY: We have some information.
MS. WATSON: Do you? Yes, very good.
JUDGE TINLEY: We have that. We already have that
information.
MS. WATSON: That's pretty much the core of our
~ program.
JUDGE TINLEY: Okay.
MS. WATSON: We are a brand-new drug and alcohol
outpatient treatment center here in Kerr County. We've been
open for eight months, and we basically meet -- our program
is a very intense A.A. I2-step program, spirituality and
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education in drug and alcohol abuse and the disease of
that run the program, and I oversee it. We are getting
people from the Kerr County area, as well as La Hacienda,
Serenity House, and some of the treatment centers in San
Antonio for people who need a lower level of care in order to
acquire or maintain sobriety. What it offers to the workers
here in this community is that it's convenient. We are close
to the people who live here, and we live here. You can go
ahead and work all day and go to the program in the evenings.
If you are a stay-at-home mom or a working mom or a working
father, it allows you to continue to not only be in your home
while you learn how to -- to get sober and stay sober; it
also allows you to remain on your job.
We're very cost-effective. The cost of the program
runs about $175 per diem, which runs between 3,500 and 4,500
for an 8- to 10-week stay. We have -- the program is geared
for two populations, basically, and we are adults only, which
would be 18 and older. For someone who has never had any
experience or exposure to treatment or A.A., we are able to
have -- we have what's called a two-week primary group, where
our counselors work with you individually or as a group to
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get you ready to go into the full program, which is an 8-week
time. You can admit into the program at any point, because
every Monday, Wednesday, and Friday, we not only review the
work we've done, but we start a new chapter in the work.
And, so, what we would like at Archway is to be considered to
be a preferred provider for the city. Now, we do have a
complete screening for all of our clients. If we determine
that they need a higher level of care, which would be
inpatient residential, then we will make referrals for that,
and occasionally we do that. I really don't want anyone
coming through my program if they're set up to fail because
they're not appropriate for my program. It's unethical, and
it goes against state laws. Can I answer any questions for
you gentlemen?
COMMISSIONER BALDWIN: No detox?
MS. WATSON: We can refer to detox. We have John
and the hospital here. If we have a client that we deem is
in trouble and they need detox, we will immediately refer
them to detox, but we do not offer detox. We are not a
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medical facility.
COMMISSIONER BALDWIN: Thank you for answering my
question, finally. As a government body that represents all
the taxpayers of Kerr County, I'm going to have a hard time
naming anyone a preferred provider. That's my stand.
MS. WATSON: Okay.
COMMISSIONER LETZ: I think -- and I pretty much
agree with that. And I think it comes under our health
insurance, anyway.
MS. WATSON: It does, but we were told that we had
to present the program to you gentlemen. Now, we have
applied for -- to become what is -- and "preferred provider"
is what the insurance company calls us.
COMMISSIONER BALDWIN: I see.
MS. WATSON: That's just a standard terminology.
It means that we have been accepted by your insurance panel,
and that we will agree to accept whatever they pay, where the
only out-of-pocket to your employees would be their
deductible.
COMMISSIONER BALDWIN: I guess we could do -- I saw
her come in -- there she is. I guess we could list -- list
all the providers like this, make a list of them, and make
them all --
COMMISSIONER LETZ: Preferred.
COMMISSIONER BALDWIN: -- preferred providers. I
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mean, if that's what it takes to make the insurance thing
work. If not, I may want to visit your treatment facility.
MS. WATSON: You're welcome any time.
COMMISSIONER BALDWIN: Thank you very much.
MS. WATSON: Absolutely. All of you are. Thank
you.
COMMISSIONER WILLIAMS: Why would we not consider
an RFP for this status?
COMMISSIONER LETZ: Others who may be out there
that provide the service respond to an RFP? I guess I'm
directing that question to Ms. Hyde.
MS. HYDE: Well, I didn't know anything about it
until it was on the agenda, so, you know, I don't -- I don't
know. I know that our insurance allows folks to turn in
information, and they do have to come and be approved by
Commissioners Court. But I didn't find any of this out until
Friday afternoon, Monday morning -- today. So -- but, as far
as an RFP, I think that what we could do is a public notice.
COMMISSIONER WILLIAMS: Yeah.
MS. HYDE: Because it won't cost anything, and it's
not going to cost us anything, if that's okay.
COMMISSIONER LETZ: Yeah, we might want to -- I
agree with that. I agree with public notice, if we have to
do anything.
COMMISSIONER WILLIAMS: That's fine. Let's assume
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that if someone needed the service, they'd work through our
insurance company or H.R. Department to find an adequate
provider.
MS. WATSON: We are the only outpatient service.
Now, we have La Hacienda that we work closely with.
Starlite, which is, of course, out in Center Point, has their
IOP, but that's it. So, what -- the service that we offer is
that we are the only outpatient program here in the Kerr
County area, and we work very closely with all the other
treatment centers. We have a great relationship with them.
JUDGE TINLEY: I think the preferred provider
status comes by virtue of any provider of that service who
has the proper credentials agreeing to accept the coverage
terms of our plan.
MS. HYDE: Right.
JUDGE TINLEY: That, in and of itself, makes them
a, quote, preferred provider, does it not?
MS. HYDE: It does under our insurance. But when
we talked about it Friday, it was -- we were thinking -- we
were talking that they're the ones that we have to go to;
it's the only person that you can go to.
COMMISSIONER BALDWIN: Yeah.
MS. HYDE: And that -- you know, that's not what
it's meant to be.
COMMISSIONER BALDWIN: We don't want to do that.
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MS. HYDE: What we can bring in is some information
to make sure that it is in the public record.
COMMISSIONER OEHLER: Could they not just be added
to the list as a preferred provider? Whoever else would
qualify could be on that list, too.
JUDGE TINLEY: That's the way I see it. Anybody
I that --
MS. WATSON: That's what we're asking for.
JUDGE TINLEY: -- has any -- has the credentials to
provide this type of service can agree to accept the
providing of that service to anyone covered by our plan under
the terms of our plan, and at that point they become a
preferred provider and on the list, as it were.
MS. HYDE: And the employees still have a choice.
They do not have to go to these folks.
JUDGE TINLEY: Sure.
MS. HYDE: You know, or anybody. They can go to
anyone.
JUDGE TINLEY: Anybody on the list or off the list.
MS. HYDE: That's right.
COMMISSIONER WILLIAMS: That's key, to me.
MS. WATSON: They can go anywhere. It's according
to -- and they just simply take -- the insurance company, if
you are dealing with an out-of-provider network, they won't
pay as much, and the person who wants the services can pay
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the difference. It's absolutely up to the individual,
always. Always, it is.
JUDGE TINLEY: I don't see that the Court needs to
take any action. If -- if your organization makes the
appropriate commitment to -- to our carrier, our provider,
our plan, --
MS. WATSON: Which we have done.
JUDGE TINLEY: -- that you're willing to do
that, --
MS. WATSON: Yes, sir.
JUDGE TINLEY: -- I think that gets you there.
That's the way I see it.
COMMISSIONER WILLIAMS: Fine with me.
MS. WATSON: Thank you. Thank you for your time.
JUDGE TINLEY: Let's move to our 10:05 item;
consider discuss and take appropriate action to approve
proclamation to declare April 21st, 2008 to be San Jacinto
Day. Is Mr. Smith available?
MR. SMITH: Yes, he is. Thank you.
JUDGE TINLEY: Come forward, please.
MR. SMITH: Thank you, gentlemen. Well, as you
know, in years past, San Jacinto Day used to be a Texas
holiday.
COMMISSIONER BALDWIN: Yes, sir.
MR. SMITH: And somewhere along the road, due to
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all the new political considerations, it's been dropped. I
belong to a group called the Sons of the Republic of Texas.
We have over 50 groups situated around the state. Our
purpose in life is to try to educate our youth about the
history of our state, what our people did, so that we would
actually have a free country, our nation. And now we're
asking that you would consider a proclamation to remember
April the 21st, which is San Jacinto Day. That was the day
of the battle field -- I mean, the date of the battle when
Sam Houston was able to conquer the invaders from Mexico.
That was a very -- it's one of the very unusual battles in
the history of -- of warfare, in that it lasted about 21
minutes. And so -- and so, anyway, it's our proposition that
you would consider a proclamation that would recommend --
recognize all of the people that provided the freedom and
liberty that we enjoy in this state.
COMMISSIONER BALDWIN: Hear, hear.
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the proclamation. Question or discussion on the
motion?
COMMISSIONER BALDWIN: We have -- we have fired a
shot at a couple of times, and actually succeeded at a couple
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of points, of making Texas Independence Day a holiday.
MR. SMITH: That would be fantastic.
COMMISSIONER BALDWIN: I know. Could you come
back?
MR. SMITH: Well, yes, sir. Well, you know what we
do every year on March the 2nd, or a date that's closest to
that? We normally go to Fredericksburg middle school on that
day and present a program, and then we come in the afternoon
to the Kerrville middle school and present a program. And
this year, the school -- the local school here in Kerrville
schedule was such that we couldn't do it, but we've done it
for eight years in Fredericksburg, and we -- we do that and
our guys come in uniform and bring memorabilia and things
that would be representative of what the lifestyle in those
days were. We let the kids come up -- I have -- I have built
a cannon that is rep -- it replicates the Twin Sisters, and
we let the kids come up on the trailer and touch it and feel
it, and we try to do all of those things on the 2nd. That's
what we do. Our mission in life is really to try to educate
the people in our state about the history.
COMMISSIONER BALDWIN: Fantastic.
COMMISSIONER LETZ: Thank you for what you do.
COMMISSIONER BALDWIN: Thank you very much.
MR. SMITH: Thank you, gentlemen.
JUDGE TINLEY: Any other questions or discussion on
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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: The motion does carry. We'll move
to our 10:10 item.
MR. SMITH: Thank you, gentlemen.
JUDGE TINLEY: I'll now recess the Commissioners
Court meeting and convene a public hearing to abandon,
vacate, and discontinue a 15-foot reserve strip, as set forth
in Volume R, Page 212, Deed Records, and the portion of
Church Street that lies within the Tomm property located in
Commissioner's Precinct 2.
(The regular Commissioners Court meeting was closed
at 10:19 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 with respect to the abandonment,
vacating and discontinuance of a 15-foot reserve strip as set
forth in Volume R, Page 212 of the Deed Records, and the
portion of Church Street lying within the Tomm property,
located in Commissioner's Precinct 2?
(No response.)
JUDGE TINLEY: Seeing no one coming forward, I'll
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close the public hearing to abandon, vacate, and discontinue
a 15-foot reserve strip as set forth in Volume R, Page 212,
Deed Records, and the portion of Church Street lying within
the Tomm property.
(The public hearing was concluded at 10:20 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I will reconvene the
Commissioners Court meeting, and call Item 16, to consider,
discuss, and take appropriates action to abandon, vacate, and
discontinue a 15-foot reserve strip as set forth in Volume R,
Page 212, Deed Records, and the portion of Church Street
lying within the Tomm property located within Precinct 2.
Mr. Odom?
MR. ODOM: Yes, sir. I'd just like to advise the
Court that April the 21st is not only San Jacinto Day, but it
is our muster day for Aggies all over the world. (Laughter.)
And we would invite you to our muster, 21st.
SHERIFF HIERHOLZER: Do you want a proclamation on
that?
COMMISSIONER OEHLER: On my order, there is a
15-foot reserve strip filed in Volume R, Page 212, that goes
from Swayze Street in Center Point to the river; that is
totally within Ms. Lynn Tomm's property. Church Street, a
County-maintained road, continues 157.68 feet into the
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property and terminates. Ms. Tomm has asked the Court to
abandon, vacate, and discontinue both the easement and that
portion of Church Street past the Swayze Street intersection.
By doing this, it will make the three parcels totaling
6.5 acres a contiguous lot, and she can gate the entrance to
her property. Road and Bridge has no need for the reserve
strip and feels the traffic flow would be safer without the
dead-end portion of the road.
COMMISSIONER WILLIAMS: I concur. And I would move
that we authorize the abandonment, vacation, and
discontinuance of a 15-foot reserve strip, and that portion
of Church Street that lies within the Tomm property in
Precinct 2.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. 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 now
go to Item 18, which is a 10:15 timed item. It's just a few
minutes past that now. Consider, discuss, and take
appropriate action to approve exempting Kerrville Elks Lodge
Number 2081, 1907 Junction Highway, Kerrville, Texas, 78028,
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from real property and business personal property taxes.
Mr. Jim Keefe.
MR. KEEFE: Good morning.
JUDGE TINLEY: Good morning, sir.
MR. KEEFE: Gentlemen, I gave you some additional
information this morning, so I will try to cut this as short
as possible. It has been recognized by the State Legislature
that the current law discriminates against fraternal
organizations. To eliminate this discrimination, the
Legislature is in the process of approving Senate Bill 1296.
The Senate has approved this bill. It has come out of the
House committee approved, but did not get to a vote in the
last session. We are asking the Commissioners to take action
on this to exempt the Elks Lodge from ad valorem taxes, to
show not only the State, but to show the people of the United
States that they will not condone discrimination. My backup
information, I think, gives you all the information on this.
I'll be glad to try to answer any questions that you have.
COMMISSIONER WILLIAMS: I have a couple. You say
this is in the process of legislative approval?
MR. KEEFE: Yes.
COMMISSIONER WILLIAMS: It went through committees,
but it died at the end of session, did it not?
MR. KEEFE: It never got to a vote because of other
actions that was going on.
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COMMISSIONER WILLIAMS: That means, then, it has to
be reintroduced --
MR. KEEFE: That's correct.
COMMISSIONER WILLIAMS: -- in January, and go
through the meat grinder process all over again; is that
correct?
MR. KEEFE: I assume.
COMMISSIONER WILLIAMS: I think that's the way it
works. Secondly, you -- you made an appearance, I believe,
last Tuesday night before the City Council?
MR. KEEFE: That's correct.
COMMISSIONER WILLIAMS: Is that correct? Did they
grant you this exception?
MR. KEEFE: They took no action.
COMMISSIONER WILLIAMS: Took no action.
COMMISSIONER LETZ: The question that I have, and
I'm sure the rest of the Court has, by that silence that I
just heard, is that the precedent we're taking on this, as to
exactly -- you know, I see a determination letter that you
received from the Comptroller's office. How far-reaching is
this? Is this only fraternal organizations, or is this going
to be -- start going beyond that? We recently received a
request for, I think, some kind of buildings that have
historical designation to be abated, and we declined that for
the same reason, is that where does it go from here?
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MR. KEEFE : Mm-hmm.
COMMISSIONER LETZ: And, absent Legislature doing
something, I'm kind of -- that's where I am still, is to --
how far do we go? I think Elks is a great organization, and
they've certainly done a great deal to support the community.
For years, I was Little League president, and every year
y'all supported that, and I think you support a lot of other
youth organizations and other organizations. I'm certainly a
big advocate of what y'all do. Just unsure of the precedent
we'd be setting if we, you know, do what you're asking at
this time.
MR. KEEFE: To the best of my knowledge,
Commissioner, there are only three fraternal organizations in
Kerr County that this would apply to; the Elks and the
Masonic Lodge and Knights of Columbus.
COMMISSIONER LETZ: Is -- are there only -- I mean,
the reference in your letter from Ms. Combs finding these
charitable organizations under Chapter 11.18 of the Property
Tax Code, that's what the letter from Mr. Lomax referred to,
and I presume that -- and I have to ask the County Attorney
at some point to come back to us on that, but -- whether the
Code allows to us do that, I mean, in his opinion. I know
you have a letter from the Comptroller. And if that section
of the Property Tax Code is specific to fraternal
organizations -- 'cause that's my issue still, is the
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precedent we're setting to other charitable organizations if
we do start abating taxes.
MR. KEEFE: Most charitable organizations are
already exempt under statute or Texas Constitution. It is
only the fraternal organizations that are required to go
through this process, hence the discrimination.
COMMISSIONER BALDWIN: Well, that's something that
needs to be corrected by the State.
MR. KEEFE: That's what Senate Bill 1296 has been
written for and is designed to do. But, again, we -- we're
hoping that the Commissioners will show the State and show
other people --
COMMISSIONER BALDWIN: So, you think that if we
pass this thing today, then the State's going to say, "Oh, my
god, look what Kerr County did," --
MR. KEEFE: I think they're going --
COMMISSIONER BALDWIN: -- and jump on board?
MR. KEEFE: I think they're going to say, "Great
bunch of guys down there."
COMMISSIONER BALDWIN: Sorry, that ain't -- that
will not be said. (Laughter.)
MR. KEEFE: Well, at least it leads to it.
COMMISSIONER BALDWIN: Nice try. Nice try.
Although I agree with you; I would think that the basis of my
vote to -- to approve this would be based on the action of
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the State, that they move -- this discrimination thing
disappears through their -- through their actions in Austin.
MR. KEEFE: Then we wouldn't need your approval.
COMMISSIONER BALDWIN: Well, I don't know about
that, now.
MR. KEEFE: Well, if you read the bill analysis --
COMMISSIONER BALDWIN: Well, I didn't read that,
because I didn't see any reason to. But you don't know what
the next bill's going to be, what the analysis of the next
bills is going to be.
MR. KEEFE: I -- it will be the same bill.
COMMISSIONER BALDWIN: No, you don't know that.
MR. KEEFE: I don't know exactly. No, I don't have
a crystal ball.
COMMISSIONER WILLIAMS: Do you lease your facility
out to other organizations for any purpose, and if so,
what -- where does that revenue go?
MR. KEEFE: We rent our hall for various functions.
That money goes into our operating expense, and with any
surplus, it goes into charities.
COMMISSIONER WILLIAMS: Thank you.
COMMISSIONER OEHLER: I just want to know if it's
legal for us from the County Attorney before I'm going to
vote for it. I wouldn't want to be doing something that
would get us in trouble.
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COMMISSIONER WILLIAMS: Have you presented your
proposal to the school district?
MR. KEEFE: Tomorrow evening.
JUDGE TINLEY: Any member of the Court have
anything to offer in the way of a motion on this particular
agenda item?
COMMISSIONER LETZ: I don't have a motion, but I
would request the County Attorney to look at Section 11.184
that was in the backup, and see how far-reaching -- when I
read that quickly, it shows that it's all charitable
organizations. I'd be interested to know as to what current
charitable organizations are exempt and what are not, and
kind of where this -- where the Elks and other fraternal
organizations fall subject to that section of the Property
Tax Code.
JUDGE TINLEY: Any other action offered in
connection with that agenda item? Thank you, sir.
MR. KEEFE: Thank you.
JUDGE TINLEY: Appreciate you being here.
MR. KEEFE: Thank you, gentlemen.
JUDGE TINLEY: At this time, we'll be in recess for
about 15 minutes.
(Recess taken from 10:29 a.m. to 10:46 a.m.)
(Commissioner Baldwin not present.)
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JUDGE TINLEY: Okay, let's come back to order. We
were in recess for a bit. We'll take up Item 21, updates on
improvements and cleanup plans at Flat Rock Lake Park.
Commissioner Williams?
COMMISSIONER WILLIAMS: I've had some meetings with
Mr. Odom and Mr. Bollier and Ms. Hargis with respect to some
ongoing work at the park. I thought it would be beneficial
if the Court heard exactly what's taking place, and we'll
start with Mr. Odom and talk about the bridge, talk to
Mr. Bollier about some tree cleanup, and Ms. Hargis as to how
we're going to pay for all that.
MR. ODOM: I'm sorry. I was going to let Tim go
first. Well, basically, I've met with two Commissioners and
I've talked to the Judge, and from those conversations,
basically, I have found the money. That was one thing I did
know about, so we -- I know that I have some money, that we
were going to do some concrete across that structure and to
-- to delineate an area that would protect the -- the other
20 acres back there. It'll be a small parking area that we
discussed, maybe 15, 20 slots in there that people could go
across that bridge. I have no problems; I feel quite
confident that the bridge will hold up. I don't know if I
need certification or not if we let traffic on it. I --
that's something that the Court might consider. That's the
only thing there.
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COMMISSIONER WILLIAMS: Did you have certification
at Hermann Sons?
MR. ODOM: It had -- 17,000 is what we had.
COMMISSIONER WILLIAMS: Is that just a routine
thing that TexDOT does for you, or what?
MR. ODOM: Well, they did -- that was an off-site
bridge, and I thought that I might talk to Mike Coward about
doing that again. Somebody from District 15 came down, --
COMMISSIONER WILLIAMS: Mm-hmm.
MR. ODOM: -- and at that time, with the resident
engineer and his assistant sitting there -- or standing there
when we did Hermann Sons, we had a railcar that weighed
40,000 pounds, and a tractor trailer rig sitting on one
railcar over at the Guadalupe, and they only posted both of
them at 17,000. They said that there was nothing to compare
that with in the past. I mean, they didn't know how to rate
it, so 17,000 was a good guess. So, I assume that I could
still get a 17,000-pound rating. It's going to be single
car, anyway.
COMMISSIONER WILLIAMS: You're going to also -- in
addition to the concrete work that's necessary on both sides,
you're also going to put a new running surface on top?
MR. ODOM: That is correct.
COMMISSIONER WILLIAMS: And perhaps some rails on
the side?
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MR. ODOM: Some type of rail or some type of guard.
I don't know if I want -- maybe we would put something up not
as high as we had at Hermann Sons, because it was a
maintenance problem. Every time the river came up, I lost
everything. So we might keep it a little bit lower, and do
it with straight pipe, or maybe pipe and some cable at
18 inches, 2 foot, something to deflect, something like a
guardrail.
COMMISSIONER WILLIAMS: And then the idea is, on
the -- on the eastern section of the park, the 21-acre
section of the park, just after you cross the bridge, that we
create some sort of a parking area using some boulders to
delineate.
MR. ODOM: Maybe some boulders, or either we use
the timber posts that we use for guardrails, and to either
spacing, or either we'll use some cable. But we want to try
to delineate that, that they can't get in, and we'll still
give Tim the opportunity to have maintenance, and y'all can
-- which is probably the best way to go as far as
expenditures at this point, till you determine what you
really want to do on that side. Keep our costs down, and --
and determine -- try to keep the younger people from mudding
out there. They tear the park up, so we want to delineate
them to a very small area. And if people want to walk their
dogs or do a walk, they can pass through and be able to do
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that, and still utilize the 21 acres over there.
COMMISSIONER WILLIAMS: You have some questions?
COMMISSIONER LETZ: Pretty much, Len and I came up
and looked at it. It's just we don't want cars or any kind
of vehicles past that parking area, and boulders or guardrail
'~~I posts, whatever, something to keep traffic out. We need to
have some kind of a pass-through gate for mowing and things
of that nature.
COMMISSIONER WILLIAMS: There's another element to
that, too. We have -- we have an entrance up there by the
Swap Shop that comes down by the side of Taylors', and we
have -- we have, although I don't think it's used right now,
some sort of an ingress-egress driveway, even though it goes
uphill and turns right there by the Ag Barn, or just on the
western side of -- of Town Creek -- Third Creek. And it
would be our idea to shut off all those, or have limited
access, particularly from the one up there by Taylors', so
that we have controlled access in and out down there by the
boat ramp or at the western entrance.
MR. ODOM: And with y'all's direction, I thought
that I might fix that part, and particularly up that hill,
and sealcoat that so we wouldn't have as much complaints
about us using that with our trucks when we go in there for
chipping and for our brush and all. But to have that access
control cut off, the old boat ramp, that will be eliminated,
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and that you will have one entrance coming out of the new
boat ramp area, which I think is more secure and safer for
everybody. And to be able to use that other part, they could
still go across that other part. I feel confident I could
get the State to help me on that.
COMMISSIONER WILLIAMS: That's Leonard's piece of
the action. Tim, if you'd come to the podium?
JUDGE TINLEY: I got one question for you, Leonard.
MR. ODOM: Yes, sir?
JUDGE TINLEY: Is there any intent at this point to
place some sort of barrier, a removable barrier on the west
end of the bridge, the Flat Rock -- the lower park side, to
-- if it's desired to prevent anything from going across
there?
MR. ODOM: Well, I can. I can put that in when we
do the concrete approaches on up there. But at this point,
unless the Court directs us otherwise, my intent was to go
across to that parking area --
JUDGE TINLEY: And restrict it over there on the
east side?
MR. ODOM: Yes, sir. That whole area would be
cordoned off, either with limestone rocks or posts up there,
but they would not be able to get through. Only Maintenance
would be able to get through the gated area right there.
(Commissioner Baldwin returned to court.)
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JUDGE TINLEY: Okay.
MR. ODOM: It's just --
JUDGE TINLEY: Somehow I had the impression, from
some discussions a good while back, that maybe -- but what
was not in the mix at that time was the -- was the designated
and controlled parking area --
COMMISSIONER WILLIAMS: Right.
JUDGE TINLEY: -- on the east side of the bridge.
There was a discussion about putting a barrier on the west
side to even prevent folks from going on there, on the
bridge.
MR. ODOM: Yes, sir, and that's up to the Court. I
~ mean, I'm --
JUDGE TINLEY: Okay.
MR. ODOM: The intent is to take that -- it'll be
narrow, and to redo that road right up to the old boat ramp.
That will come up to it, but if the Court designates that, it
can be done.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: I would say it would be a
good idea to -- you have a gate up on the -- up on Riverside
Drive, right where you would access that now.
MR. ODOM: Right.
COMMISSIONER OEHLER: That would take care of it,
mainly to where you can block it off, where you can stop
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people from accessing there.
COMMISSIONER LETZ: What -- what Bill mentioned,
too, and I was going to go into it a little bit more, that
access off Riverside is going to be eliminated completely;
going to be bulldozed down. There's a big bluff there. It's
not going to be used for any vehicle, and it will limit
access into the park also. And the other thing Len and I
talked about, we visualize -- there's, like, a cross-fence at
Flat Rock, oh, probably a quarter of a mile up to the west,
kind of where it narrows down, and from that little
cross-fence to this new bridge is kind of a rocky, messed up
area that we've never really maintained. Len and I looked at
it. If you -- and part of that's because it's lower next to
the bluff than it is next to the lake.
COMMISSIONER OEHLER: That's the mudhole.
COMMISSIONER LETZ: If you grade that off from the
lake side up and put a grade all the way from that bluff to
the lake, it would solve that problem, and you can start
using that property as well. And then put a -- you know, use
some of that base material that we have down there --
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: -- for a road.
MR. ODOM: We'd put an all-surface road right
there, and eliminate that -- it would help eliminate a
mudhole for those youngsters. But they're ingenious.
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(Laughter.)
SHERIFF HIERHOLZER: That's putting it mildly.
COMMISSIONER WILLIAMS: Thank you, Len. Tim, tell
us about the other part, the tree trimming and cutting down
and so forth.
MR. BOLLIER: Right now, we're -- Commissioner
Williams asked me to start at Flat Rock, the part that's
directly behind the Ag Barn. There's some dead trees in
there that we're taking out, and we're going to -- also,
there's also some stumps in there we're going to take out.
And, as a matter of fact, they started on it yesterday. I've
got this Adult Probation on certain days that they go down
there and work on that for me, and basically, if we can get
those trees out of there and get some of those other trees
lifted up high, it'll -- it will do a lot to that park.
It'll make it look a whole lot better, and trying to clean up
some of the trees that are hanging off the bank, the ones
that we can get to.
COMMISSIONER WILLIAMS: That's just a general
cleanup improvement. There's one other issue I want to bring
back to the Court, probably in two weeks. I'll mention that
before we get Ms. Hargis to tell us where the money is, and
that has to do with the folks using the park who do not clean
up behind their pets. That is a problem. And I've had the
County Attorney research it. We know what we can do about
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it, so I'll bring that whole issue back to the Court in a
couple weeks and see where it takes us. Jeannie, where's the
money?
COMMISSIONER BALDWIN: Let me just --
JUDGE TINLEY: Do you want to make sure that the
Sheriff is available to discuss the enforcement aspects of
that, and that he's not otherwise committed when you bring it
back?
COMMISSIONER WILLIAMS: Yes, I do.
JUDGE TINLEY: Sure.
COMMISSIONER WILLIAMS: You mean assigning a deputy
to that?
COMMISSIONER OEHLER: I thought we were going to
assign Commissioner of Precinct 2 to that task for the
citation book.
COMMISSIONER WILLIAMS: This is getting out of
hand. Where's the money?
MS. HARGIS: Actually, there is a budget amendment
for you to approve today. Part of the money, $7,732, will be
coming out of the existing Flat Rock; that's how much money
we have left in that account, and then the remainder will be
coming from the Flood Control funds that we have. What we're
going to do is, depending on how much it costs, whatever's
left, that will remain in that fund. But for right now,
that's where -- the only place we had to take it out of is
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Flood Control.
COMMISSIONER WILLIAMS: That's listed on our budget
items?
MS. HARGIS: It's Number 7 on your budget
amendments.
JUDGE TINLEY: The $7,000, is that the remainder of
the L.C.R.A. grant funds?
MS. HARGIS: No, that's the remainder of the -- of
the cash that we had in there.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: I don't think they ever
funded that remainder, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: 'Cause we didn't do -- we
didn't proceed to do some of those other park improvements
and whatever.
COMMISSIONER OEHLER: Were there more funds
available there through L.C.R.A.?
COMMISSIONER WILLIAMS: I think we could go back
and see. I think we could go back.
COMMISSIONER LETZ: We never built the restrooms
that were part of that original grant.
COMMISSIONER WILLIAMS: Didn't put in the frisbee
deal, whatever that was. Thank you all.
JUDGE TINLEY: Okay. It is now 11 o'clock, and we
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have a timed item at 11:00. It's actually an executive
(The open session was closed at 11:01 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay, we'll go back into open or
public session. It is now 11:50, and we'll take up Item 22.
Consider, discuss, take appropriate action on proposals from
Guardian Security Solutions to furnish and install video
teleconferencing system in Kerr County courthouse and jail.
I put this on the agenda. This is in conformity with one of
the items that was included on the capital improvements
project list. I had originally proposed this matter to be
much broader than what it is. At the suggestion of our I.T.
Manager, we scaled it back to set it up initially on a pilot
program only between our jail and County Court at Law, and
make sure it works okay, and then expanding beyond that. The
I.T. Manager has reviewed various systems -- video
teleconferencing systems, and the proposal which is before
you is, based upon my understanding, technically the best
proposal for a number of reasons. Number one, quality of the
equipment, and number two, cost, by a long shot. But, John,
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I'll let you address that.
MR. TROLINGER: I agree with everything Judge
Tinley said. We've -- we've got the best technology and the
best combination here. We're not going to try to deploy on a
large scale. We're going to test between the courthouse and
the jail first, and then look at other facilities and
counties. And it's a good system; it's going to be a good
~ project.
COMMISSIONER WILLIAMS: This is for arraignment
purposes between the jail and the County Court at Law; is
that correct?
MR. TROLINGER: For the jail docket, I believe, is
the initial -- and for magistration, possibly, would be the
initial uses.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: What was the amount budgeted?
JUDGE TINLEY: I believe the amount in the capital
improvements packet was 30,000. That's what was budgeted.
COMMISSIONER BALDWIN: And there -- I thought we
put something in the budget, too, though.
JUDGE TINLEY: Last year, I believe it was all in
the capital improvements. We may have had some in
previously, but -- but this was, I believe, only in the
capital improvements last year.
COMMISSIONER BALDWIN: So -- well, I don't know if
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I'd heard that before or not. Magistration. That's kind of
neat. I'm glad -- I'm glad that's on the table. I can't see
how that's going to work, giving -- I mean, I can't see a --
unless Judge Brown is going to do all the magistration, I
can't see a J.P, walking in his office and using his computer
to magistrate between him and the jail, but I'm -- if that's
what y'all are going to do, that's -- I think it's wonderful.
JUDGE TINLEY: It'll be set up in -- in County
Court at Law courtroom. And while it would be available for
magistrations, assuming Judge Brown's not using his
courtroom, you also got arraignments.
COMMISSIONER BALDWIN: I understand.
JUDGE TINLEY: You got some pretrial things that
can be conducted. One of the items -- one of the primary
benefits to be derived is not having to transport these
inmates back and forth --
COMMISSIONER BALDWIN: Sure.
JUDGE TINLEY: -- from the jail, and utilize the
Sheriff's personnel, and transportation requirements,
security issues and all that sort of thing.
COMMISSIONER BALDWIN: I'm all for it. I want it
to work. But, you know, would -- would the district level
use it as well?
JUDGE TINLEY: It would be available for their use
initially, but the plan is to put it in on a limited basis
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just now between the jail and County Court at Law, and
hopefully expanding to bring the District Courts into it.
But my -- my original proposal was to do it over an entire
seven-county area, where the judges could be here handling,
say, arraignments, pleas, pretrials, handle McCulloch County
from here, rather than driving two hours from McCulloch
County -- two hours up, two hours back, and losing four hours
of judicial time that you could be using disposing of cases.
That may be the answer to the question that you asked
earlier, Commissioner. But we're going to start off small
and see if we can sell it. There are a lot of areas of the
state that -- there's a District Judge, for example, down in
Montgomery County that, unless there is a jury trial or maybe
a contested bench trial, the accused never sets foot into the
courtroom. And that's in the same county. Everything is
handled on a video teleconferencing setup; the magistration,
the arraignment, the pretrial matters and pleas are all done
on that setup.
COMMISSIONER BALDWIN: Let me ask it in a different
way. This -- this money right here, the $24,800 --
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: -- would set u cameras and
P
televisions and that kind of thing. So, you could -- you
could take a J.P. and take them in there and sit down, and
have Rusty have a patient -- or an inmate --
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_.
SHERIFF HIERHOLZER: Inmate. Either one, right
now.
COMMISSIONER BALDWIN: -- on the other end. They
could magistrate.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: All right. He gets up, and
then -- and Judge Brown could do his little thing, whatever
all that might be, or a District Judge could -- I mean, we'd
be set up for that to happen. I know we're not going to
stretch it that far, ask them to come downstairs and do
something like that. But could. Could. I mean, because of
the cameras and the televisions, it could happen, couldn't
it? For this 28 -- 24,800?
JUDGE TINLEY: As between the courthouse and the
jail, for our in-county prisoners, for the ones that --
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: -- they handle upstairs, yeah.
Yeah.
', COMMISSIONER BALDWIN: Okay. All right. That's
all I'm asking. But for a little bit more, we probably could
add a second little camera upstairs.
COMMISSIONER WILLIAMS: Make it easier for them.
MR. TROLINGER: It's $9,000. We estimated,
actually, for the entire eight count -- eight installations,
and it came in around $70,000. So, that was my
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recommendation, that we scale back and -- and try it out
first.
COMMISSIONER BALDWIN: I think it's very wise.
It's very wise.
COMMISSIONER LETZ: So, what do we need to do?
COMMISSIONER WILLIAMS: Move approval of it.
COMMISSIONER BALDWIN: Second it. But I want to
hear the Judge make a motion, is the issue here.
JUDGE TINLEY: You're not going to hear that.
COMMISSIONER BALDWIN: We're not?
JUDGE TINLEY: I think Commissioner Letz just made
a motion.
COMMISSIONER LETZ: I'll make a motion that we
approve the proposal from Guardian Security Solutions to
furnish and install video teleconferencing system in Kerr
County courthouse and jail.
JUDGE TINLEY: And authorize me to sign it?
COMMISSIONER LETZ: And authorize the County Judge
to sign this.
COMMISSIONER BALDWIN: How about this figure?
COMMISSIONER LETZ: For $24,800.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Yeah, not to exceed.
COMMISSIONER LETZ: Not to exceed, all right.
COMMISSIONER WILLIAMS: Second.
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JUDGE TINLEY: We have a motion and a second.
Question or discussion on the motion?
COMMISSIONER OEHLER: All bidding laws been adhered
to on this?
MS. HARGIS: That's what I was a little concerned
about. I wouldn't mind if he would solicit a couple of other
I vendors.
COMMISSIONER WILLIAMS: Say it again?
MS. HARGIS: I wouldn't mind if you at least
solicit a couple of other vendors.
JUDGE TINLEY: I think Mr. Trolinger got some
estimates from other vendors. And I had mentioned that
earlier, and they were --
MR. TROLINGER: I do have pricing. They are old,
and they were not requests for bids; they were just strictly,
"How much is it to do this?" requests.
MR. EMERSON: Well, and let me ask a question.
It's my understanding, from what I heard, that after John's
analysis, the software and the technical requirements of this
program is what makes it the best fit for our situation. Is
that correct?
JUDGE TINLEY: That was John's conclusion, that the
specs of this particular equipment were -- were superior to
what else he had looked at.
MR. TROLINGER: Yes. And we have that same
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contractor for the courthouse security, who will have a team
wiring a very difficult-to-wire courthouse that can, in
conjunction, run the wire, and we'll save some money
basically by doing that.
MR. EMERSON: And is there anything related to this
that's -- that's patented or copyright-protected on this
particular proposal?
JUDGE TINLEY: Software.
MR. EMERSON: Software-wise.
MR. TROLINGER: There are software licenses.
MR. EMERSON: Okay.
COMMISSIONER WILLIAMS: Included in the 24,8?
MR. TROLINGER: Yes.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: And that means we didn't --
I well --
MR. EMERSON: All those factors will come in
relative to somebody -- what Jeannie's concerned about is
somebody stepping up and saying, "Hey, you just got this
price barely under 25 so that we don't have an opportunity."
But if -- with all those factors taken into account, I think
we're fine, 'cause there's specific allowances in the
Purchasing Code for copyrighted, patented software, as well
as special technical requirements.
JUDGE TINLEY: Other questions? All in favor of
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the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll go to
Item 24; consider, discuss, take appropriate action on
amendment of Commissioners Court Order Number 291642 adopting
Kerr County Nuisance Abatement Program, to designate the
Director of the Environmental Health Department as director
of the program. I believe your issue here was that it
designated the previous manager or department head of the
Environmental Health Department, and you're asking that that
order be amended to designate the director --
MR. GARCIA: The director.
JUDGE TINLEY: -- of the Environmental Health
Department, not a named individual?
MR. GARCIA: Exactly, and remove the named
individual.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval.
MS. HYDE: Wait, wait, wait.
MR. EMERSON: That will work, so long as you
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designate the department head as a full-time employee.
COMMISSIONER BALDWIN: You can't say things like
that.
MR. EMERSON: Apparently not. But the code
requires a designation of a full-time employee into that
position. So, I mean, under -- I don't anticipate any
change, but if you're going to make a global order, --
COMMISSIONER WILLIAMS: Come back again.
MR. EMERSON: -- you need to designate the
full-time department head.
COMMISSIONER BALDWIN: Global order.
MS. HYDE: Whoa.
JUDGE TINLEY: So, the order should read the
full-time director of the Environmental Health Department.
MR. EMERSON: Yes, sir.
JUDGE TINLEY: That's the way the motion needs to
read.
COMMISSIONER LETZ: That's what I said, I think.
JUDGE TINLEY: I thought that's what I heard you
say.
COMMISSIONER BALDWIN: That's what I seconded.
JUDGE TINLEY: Yeah. All right.
COMMISSIONER BALDWIN: But, actually, I think Bruce
seconded it.
COMMISSIONER OEHLER: That's okay.
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JUDGE TINLEY: Any other 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: The motion does carry. We'll move
to Item 25; consider, discuss, take appropriate action on a
presentation of audits on the following departments:
Sheriff's petty cash, leasing procedures for Ag Barn and
Union Church. Ms. Hargis?
MS. HARGIS: We didn't find anything. Of course,
we're reviewing the new leasing requirements with Jody, not
the old ones. We didn't find any problems there. And this
is the Sheriff's petty cash, and we actually increased that
so that it was more of a -- of a steady flow, because that's
where he takes money out for people to go get prisoners, and
sometimes we need a little bit more money in there. So, we
increased that amount to make it consistent, but other than
that, everything was fine.
JUDGE TINLEY: Do you need a specific court
I order --
MS. HARGIS: No, these are just --
JUDGE TINLEY: -- to approve these reports, or
these are just informational for the Court?
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MS. HARGIS: Information only.
COMMISSIONER BALDWIN: How do you -- how do you --
now, this is just my boy-dummy question. How do you
increase, or even decrease a line without permission of
Commissioners Court?
MS. HARGIS: It's not a line in our budget. It's
his funds.
COMMISSIONER BALDWIN: Okay. These are some
separate --
MS. HARGIS: It's a separate petty cash fund that
he requested that we audit for him.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Okay, no further action needed.
We'll go to 26; consider, discuss, take appropriate action on
joint City and County functions. Commissioner Letz?
COMMISSIONER LETZ: This is an item that's on the
agenda based on, basically, the City Council's discussion
last week, which Commissioner Williams was at. And that was
all -- it came about by weeks of communications I've had with
Councilman Hamilton. And -- and I've since talked to two
other councilmen, Councilmen Coleman and Bock, about the
overall situation. And, somehow, Council was hearing one
thing and did -- and thought one thing, and it really got off
track at the airport, because somehow they got it in their
mind that the County was trying to take over the airport.
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since last August, and it's something that, all along, we've
tried to get the City to appoint representatives to meet with
us to further that direction, and they still haven't done
that.
But, anyway, so they got kind of off track there.
And then it got off track even more with some members of the
Council that said, Well, we don't need to work on any of
these City/County functions, because if it isn't fixed -- if
it's not broken, we don't need to fix it. And it became
apparent that we were just going -- or they were going down a
completely different road than where I thought, and I think
the Court thought it was going. Councilman Hamilton then
came up with the idea that Commissioner Williams and I meet
-- or attend the annual retreat of Council and try to -- and
try to go over some of the these issues with them. And I
talked to Commissioner Williams and kind of said, "What do
you think about this?" And he and I both were somewhat
reluctant to go meet with them in such an environment
where -- you know, one of the conditions we kind of set was,
first of all, we're not coming over there to be whipping
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boys. And, two, we really don't want staff in the room,
because that's where things tend to digress frequently when
we're meeting with the City.
COMMISSIONER WILLIAMS: And, thirdly, without the
Court acknowledging that that's not a bad idea.
COMMISSIONER LETZ: And -- and said we certainly
wouldn't go unless the Court said we needed to go. And
that's where we are today. I've talked to both Councilmen
Bock and Coleman. They think it's a good idea to have us
over there, that we can move things along a little bit. I
tried to emphasize that if they would just appoint people,
either to meet with us on the airport or any of these other
committees, rather than sending staff, we'd probably -- we
could get a whole lot more accomplished. And a lot of this
-- the problem that we're at right now is that Council and
City Manager Coleman appointed Kristine -- Ondrias?
COMMISSIONER WILLIAMS: Ondrias.
COMMISSIONER LETZ: Ondrias to meet with
Commissioner Williams and I. And she came to that meeting,
as I think we said at our last meeting, with some
preconditions, that everything had to be budget-neutral. And
because of that is how the whole airport got brought back
into it, that the County -- the only way you can get anywhere
close to budget-neutral is -- if the County substantially
drops its funding at the library, is to pick it up at the
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airport. And then -- you know, and that was a -- you know,
were some of those discussions talked about. But all those
discussions came from the City; they didn't come from me or
anyone at the County. That I'm aware of, anyway. So, the
idea is for Commissioner Williams and I to meet with them at
3 o'clock -- I think 3 o'clock --
COMMISSIONER WILLIAMS: Thursday.
COMMISSIONER LETZ: -- Thursday, and kind of go
back over the same issue. Where we are is that we want to
get out of the funding of the library for the most part, at
least as a partner. Now, there may be some annual
contribution given, but -- and that we want to move forward
on the airport with an independent board. And -- and animal
control's kinds of in flux a little bit to try to help with
the funds. And that's kind of --
COMMISSIONER WILLIAMS: Just a couple observations.
COMMISSIONER LETZ: -- where we are.
COMMISSIONER WILLIAMS: I was at the City Council
meeting last Tuesday night and listened to their discussion.
And, as -- as Commissioner Letz said, it kind of got off
track, because the mayor opined that, "If it ain't broke,
don't fix it," which prompted others to comment the same
thing. "If it ain't broke, don't fix it." And once that
happened, then the real initiative of trying to work out all
of these things just went into the ditch. So, what came out
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of the ditch was a motion to expand the Airport Board. Now,
that's okay, because that's been our position since the very
beginning. But what never was said, or in that motion, was
how you get there. And how you get there is negotiate a new
governance agreement with the County. And the County was
sort of forgotten in this whole mix. Be that as it may, I
think there's probably some value to Commissioner Letz and I
meeting with them, with the preconditions he outlined. We
don't particularly want to meet with staff; we want to meet
with Council. They're the decision makers, as we are the
decision makers. And we want to -- want to get back on the
table again where these pieces of this puzzle fit together,
and how or if they fit together. If they don't, they don't.
But one other note. It was never our initiative for the City
to convey its 50 percent ownership of the airport to us.
We're 50/50 owners, and that's way it ought to continue to
be. What needs to happen is an independent board that --
that sets a policy and governs the actions of the -- of the
airport itself, both aviation and non-aviation use, and we
ultimately end up with some budgetary oversight, and that's
what it ought to be.
COMMISSIONER LETZ: I think it's interesting. On
the airport ownership issue, there's a -- you know,
documentation about how it all happened, too, 'cause
Councilman Hamilton created this spreadsheet which he sent to
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me about all kinds of things. Now, one of them -- I mean,
there's some pretty strange ideas that he had on EMS, for
example. I won't go into those details, but -- and the
last -- right before Council, the afternoon of last Council
meeting, I e-mailed back to him his spreadsheet, revised, and
on it I went and said no -- he had, in his to me from a
couple days earlier, of transferring some cross-conveyance of
owners -- of property at the airport, where the County would
take over all aviation assets and the City would keep
non-aviation assets. And I said -- my e-mail back to him
clearly said no, we need to keep -- stay 50/50, period. You
know, that's what it said. I think I did say if you -- if
the City wants to give it to us, I'm sure we'll take it, but
that's not our request. Council never -- I know they had
that document at the Council meeting; Councilman Coleman told
me, but they never happened to read what was in the document.
They said they didn't have enough time to read it, I guess.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: But, you know, it's -- it's
been rather frustrating, because it's like, you know, you
talk to one of them, and then they change their mind the next
minute.
MR. EMERSON: I was just going to say, I had an
e-mail this morning on my computer from Mike Hayes with a
proposed new governance agreement in it. I haven't had time
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to look at it or read it or anything else.
COMMISSIONER LETZ: Well --
COMMISSIONER WILLIAMS: That was part of my
heartburn. That's something that's negotiable with the --
between the City and the County.
MR. EMERSON: Well, my response back to Mike this
morning was that it has not been discussed at Commissioners
Court; I have no guidance on this.
COMMISSIONER LETZ: He was --
MR. EMERSON: That's the end of it.
COMMISSIONER LETZ: As I understand it, he was
directed by Council to come up with an agreement. I pretty
much let all three councilmen that I've mentioned today know
my displeasure with that; that, you know, we're not going to
get into this, you know, rejecting that agreement and doing
another agreement. We're going to sit down together like
adults and discuss where we're going, and then we get the
attorneys to write the agreement, period.
COMMISSIONER WILLIAMS: That's correct.
COMMISSIONER LETZ: That's just -- you know, it
just astounded me how... Now, one other thing I wanted to
bring up, get a little bit of guidance on, is that streets
item and how that fits into the mix. When we -- Commissioner
Williams and I met with Kristine Ondrias, I made a comment
that I thought streets should be taken out of the equation of
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the airport and the library and animal control, because we
didn't know where that was going down the road, and I didn't
want to tie an agreement dollar-wise -- they came up with a
$60,000 figure. I said it made no sense to me to tie $60,000
to that when it could be a lot more, a lot less. We need to
look at the details behind it, and we need to -- we don't
want to encumber what could be a very good program through
the City and the County on the streets side with these other
matters. What was reported back to Council by Ms. Ondrias
was the County didn't want to work on streets; we were taking
it off the table. Absolutely untrue. Not at all what we
said. We said it needs to be looked at as a separate entity,
because it was something that was very different, and that we
really at this point didn't have the time to -- or the
information to pursue it.
JUDGE TINLEY: So, essentially, what you're asking
is that to get Court concurrence that you and Commissioner
Williams have the ability to go talk directly to the elected
officials over at the City, eyeball-to-eyeball across the
table, and work on some of these things, and make sure you
got a clear understanding of where we are and where they're
coming from as elected officials?
COMMISSIONER LETZ: Right. Correct. And that's
why I brought up all the issues, to make sure that if I am
off base on where we're trying to go as a Court, y'all would
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hopefully correct me.
COMMISSIONER BALDWIN: I've got a couple comments
to make, and one -- one is that I appreciate y'all coming
back to the Court for this -- not necessarily permission,
but --
COMMISSIONER WILLIAMS: Guidance.
COMMISSIONER BALDWIN: -- guidance. Now, remember,
I'm a blessing giver, so I can -- I can bless you guys. But
I think that's a terrific idea. But a couple of small issues
or little details, going back to the airport. You've
outlined some things that this autonomous board would be in
charge of; basically, everything inside the fence, including
hiring and firing the Airport Manager.
COMMISSIONER WILLIAMS: Exactly, correct.
COMMISSIONER BALDWIN: My desire is that that be on
I the list.
COMMISSIONER WILLIAMS: That is on the list,
Commissioner .
COMMISSIONER BALDWIN: Okay, good. You didn't
mention that, but I think that --
COMMISSIONER WILLIAMS: I'm sorry.
COMMISSIONER BALDWIN: -- should be right up there.
COMMISSIONER WILLIAMS: That's a given.
COMMISSIONER BALDWIN: At the top. Okay. I had
heard through the grapevine that there was some talk;
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somebody from the City -- one of their recommendations
possibly is the County take over the ambulance service. That
is the most ridiculous thing I've ever heard in my entire
life. That it -- that's next to impossible, number one.
Well, I'm -- that's the last breath I'm going to use on that
issue, and I would appreciate it if y'all wouldn't either.
COMMISSIONER LETZ: The only -- on that one, that
was -- Councilman Hamilton brought that up to me, and I
said -- well, one, it doesn't make any sense to me, but I
said the only way I could possibly see it work is if you did
a county-wide ESD for EMS services only, and that ESD can
contract, hopefully, with the City of Kerrville.
i
COMMISSIONER BALDWIN: That's the only way --
that's the only way any of that whole thing is going to work.
If they -- if we want to take this double taxation issue off
the table, a county-wide ESD is the only way to do it.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER BALDWIN: So, we either --
COMMISSIONER LETZ: Do that, or leave it alone.
COMMISSIONER BALDWIN: -- go that route or forget
it.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER BALDWIN: It's the cost of doing
business, quote, unquote. Now, and the only other thing is
this talk of, "Well, y'all let us take" -- this is the City
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109
saying, "Y'all let us take the library. We'll take the
library. We'll take the library over." Hell, it's their
library. See, I never have gotten -- gotten to the point to
where that is even a conversation. It's their library. Take
it.
COMMISSIONER WILLIAMS: And fund it.
COMMISSIONER BALDWIN: Well, absolutely, fund it.
I don't get that. It's like -- that's like us saying, "Okay,
we're going to take over Ranchero Road from now on." You
know, it's our road. We take care of it. We've maintained
it. We've spent millions on it. By the way, it needs some
work. But to me, it's the same thing. It's their property.
Take it.
COMMISSIONER WILLIAMS: I agree with you. There
'' has been some discussion about -- and we haven't come to any
-- any conclusions, but there have been some comments made
about our continuing to have some level of participation.
Some level. We're up here right now, very close to 50/50,
and so there's talk about having some continued level of
participation financially, because that assists them in
seeking grants, because they can represent that it is a
City/County type library situation. And so that -- I just
lay that out there, Commissioner; 'cause it's something that
might come back.
COMMISSIONER BALDWIN: I understand.
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110
COMMISSIONER OEHLER: I wish they would pursue --
you know, go after some more of those grants for that right
now.
COMMISSIONER WILLIAMS: Amen.
COMMISSIONER OEHLER: I haven't noticed any being
L applied for.
COMMISSIONER WILLIAMS: I know you haven't.
COMMISSIONER BALDWIN: But that's all I wanted to
say. Thank y'all for doing what you're doing.
JUDGE TINLEY: You don't need any specific action
from the Court, other than --
COMMISSIONER LETZ: One of you tell me no if you
want me to not go.
COMMISSIONER BALDWIN: So, that's Thursday at 3:00.
I Where at?
COMMISSIONER LETZ: At Dietert Center.
COMMISSIONER WILLIAMS: Dietert Center, I guess.
COMMISSIONER LETZ: So I've been told,
unofficially.
COMMISSIONER WILLIAMS: Well, last I was told is,
"I don't know where it's at," so I'm learning where it is
today.
JUDGE TINLEY: Okay, we'll move on to Item 27;
consider, discuss, take appropriate action concerning using
inmate work program for designated 501(c)(3) organizations.
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111
SHERIFF HIERHOLZER: We have the inmate work
organizations that -- with approval of Commissioners Court,
that I can use the inmate work program to help do work on
their projects. There is a -- I believe on Page 5 of that
Attorney General's opinion, second paragraph, most of it
starts about end of the third line, it says, "For that
reason, in answer to your first question, we conclude that
defendants who volunteer under Article 43.101 to perform
manual labor may work for a nonprofit organization only if,
in accordance with article 43.10(4) and 43.09, by
incorporation, the nonprofit organization is exempt under
501(c)(3) of the I.R.S. Code of 1986; and, two, at the
Sheriff's request, the commissioners Court has determined
that the nonprofit organization provides a public service to
the county or to a political subdivision located wholly or
partly in the county."
I've had two requests for our inmate labor. And
bear	in mind what Tim presented to y	'all earlier,	too, about
our	-- our just workforce situation,	period. One	of those
requests is from the Dietert Center. They have that new
back yard for them during the summertime, while -- while it's
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growing and that. The second request is from Jack Burch out
at the Red Rose Range. That request is, they have about a
3,200, 3,500 square foot building out there; I guess they do
some of the indoor stuff or whatever, and they're needing the
floors buffed.
COMMISSIONER WILLIAMS: The new Air Hall.
SHERIFF HIERHOLZER: The new Air Hall, I guess, but
I haven't been out there. It's -- Jack told me --
MS. VAN WINKLE: 30,000.
SHERIFF HIERHOLZER: Huh? 30,000, okay. They're
needing the buffing. Now, they'll supply the equipment if I
supply the labor, is what they're doing. The one thing I
will say in respect to that one is that is where we do all
our -- our twice-a-year firearms qualifications out there,
and we have never been billed for it, either. And so this
just -- but I don't know if we can work it out. It may be --
in sidetracking just a little bit, this may be something,
with these type of entities coming, for that future use of
the old juvenile facility that's not being used. It would
cause more manpower, but I think we need to look outside the
box and really start creating a good work program.
COMMISSIONER WILLIAMS: What kind of program?
SHERIFF HIERHOLZER: Work program.
COMMISSIONER WILLIAMS: Okay.
SHERIFF HIERHOLZER: Whether we're doing in-jail
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industries, like part of that I attached to this, making
things, I can't house them with regular inmates; it causes
problems and that, but where it's actually a work program,
chain gang, whatever you want to call it, are permissible.
And where we try and get a lot more inmates where there are
these, like, 70-violation probation inmates I have where the
Court wants to give them just six months in jail. Instead of
just sitting there doing nothing, we could use some of them.
I don't know. But at hand, I have two requests.
COMMISSIONER LETZ: I'll move we grant the Sheriff
approval to use -- what are you going to use? Inmate work --
use inmate -- the inmate work program to assist Dietert
Center and the Hill Country Shooting Sports Center.
COMMISSIONER OEHLER: Second.
COMMISSIONER BALDWIN: Do you want to get specific
in there?
SHERIFF HIERHOLZER: To me, that's all it takes. I
don't know that.
JUDGE TINLEY: Okay. We have a motion and a
second. Question or discussion on the motion? What was the
comment?
MR. EMERSON: Do you want it specific, or do you
want it to be all designated 501(c)(3)'s?
SHERIFF HIERHOLZER: Well, it says that you have to
show that they have a public use, so I don't know if you can
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really do it under that, whether the nonprofit provides a
public service to the county or to a political subdivision
only. I don't know if you can say every 501(c)(3) --
COMMISSIONER OEHLER: Case by case.
COMMISSIONER WILLIAMS: I'd rather be specific.
There are too many of them out there just to do a blanket.
SHERIFF HIERHOLZER: I agree.
MR. EMERSON: And -- and given that language, the
order needs to have that language in there where the Court
makes those findings.
COMMISSIONER LETZ: That those two entities serve
-- have a public use, or -- "public use," did we say?
SHERIFF HIERHOLZER: It's --
COMMISSIONER LETZ: Public purpose?
SHERIFF HIERHOLZER: Yeah, public service to the
county or to a political subdivision located wholly or
partially --
COMMISSIONER LETZ: Provide a public service to the
county.
COMMISSIONER OEHLER: I'll second that, too.
JUDGE TINLEY: Okay. Any question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. Item 28;
consider, discuss, take appropriate action concerning Kerr
County Sheriff's Office personnel with regard to inmate
records.
SHERIFF HIERHOLZER: I have a volunteer at this
time that is helping take care of my inmate records. This
person is making three to -- or four to five court
appearances a week so that we can make sure we have the
translation and the paperwork correct coming back from the
court with the inmates. They follow up -- he follows up on
all the inmates, double checking, triple checking our time
calculations, which also goes back to the courts, the docket
entries, bond reductions, maintains our law library, does the
legal research for inmates with legal books and documents,
answers all of our request forms as far as time served, and
answers requests on legal matters and contacts other
agencies, which is all over the U.S., concerning their holds
still being active or that we're going to send this inmate to
T.D.C. first and they can get them -- there's just -- it's a
mountain of documentation. And as -- kind of as I've talked
about in the executive session item, I'm in the same
situation with this one. This man is a retired attorney, and
so his knowledge is great. He's worked for us once before
for years, and then left and has come back, and I would like
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to try and get this into preferably a full-time position,
'cause that is what he's wanting, or at minimum, a part-time
position to go full-time possibly during the budget process.
But we need this -- this work done. We need our paperwork
correct. Very important at that, and I do have the funds in
the budget to do it through this year.
COMMISSIONER LETZ: Where are the funds?
SHERIFF HIERHOLZER: My salary line items.
COMMISSIONER LETZ: Who -- without having a person,
who is supposed to be doing this now?
SHERIFF HIERHOLZER: Normally, I had been trying to
have my Assistant Jail Administrator keep up with a lot of
it, and the Jail Administrator themselves, which is tying
their hands down to doing a lot of this paperwork instead of
all the other duties we're having to try and get done.
COMMISSIONER BALDWIN: You're asking me to vote to
hire a lawyer? (Laughter.)
SHERIFF HIERHOLZER: Believe it or not. Retired
one, Buster.
COMMISSIONER BALDWIN: Golly, that's a good kind,
the retired kind.
SHERIFF HIERHOLZER: That's the good ones.
COMMISSIONER BALDWIN: You're talking about going
part-time -- paying this person part-time now, and then
getting, at some point -- oh, in the budget.
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SHERIFF HIERHOLZER: In the budget process, trying
to make -- turn this into a -- into a full-time position, but
at least a part-time position at this point.
COMMISSIONER BALDWIN: How much money are you
talking about?
SHERIFF HIERHOLZER: What's the normal part-time?
I'd have to look at the hourly wage that a jailer makes, and
it would be that same issue.
COMMISSIONER BALDWIN: Jailer wage?
SHERIFF HIERHOLZER: Jailer wage.
COMMISSIONER WILLIAMS: You're going to get a
lawyer to work for jailer wage?
SHERIFF HIERHOLZER: Yeah.
COMMISSIONER BALDWIN: I might vote for this after
all. Just to see how --
JUDGE TINLEY: Make the motion.
SHERIFF HIERHOLZER: If he were full-time at a
jailer salary the rest of the year, it would be 16,968.
That's full-time.
COMMISSIONER LETZ: 16?
SHERIFF HIERHOLZER: For the rest of the year,
okay.
COMMISSIONER OEHLER: For half a year.
COMMISSIONER WILLIAMS: For the remainder of the
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SHERIFF HIERHOLZER: Right. So, you can knock
quite a bit of that off.
COMMISSIONER BALDWIN: Yeah, for this year.
SHERIFF HIERHOLZER: Yes.
COMMISSIONER BALDWIN: But we have to think about
~ next year.
SHERIFF HIERHOLZER: Right.
COMMISSIONER BALDWIN: Which would be 35,000.
COMMISSIONER OEHLER: But his salary item won't --
unless we fund it next year, won't be any different.
COMMISSIONER BALDWIN: There you go.
MS. HYDE: Plus benefits.
SHERIFF HIERHOLZER: Yes. Well, part-time, it
depends on --
MS. HYDE: Well, the understanding -- if I
understood you, though, you're talking about making this
full -- a full-time position. So --
SHERIFF HIERHOLZER: Well, that would be a budget
discussion, actually, when we get into the budgetary process.
What I'm asking for now is part-time. And it's hard to do on
part-time, because you're talking in court three and four
days a week and all that, which those are all-day-long court
deals. But we can --
COMMISSIONER OEHLER: He won't volunteer for part
of the time like he's doing now?
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SHERIFF HIERHOLZER: No, I have about abused that
as much as I can get by with it. It's been a couple months
now, volunteering.
COMMISSIONER LETZ: Do we have an hourly rate?
SHERIFF HIERHOLZER: What is the -- I should have
brought that hourly rate for jail personnel. Do you have it?
COMMISSIONER BALDWIN: Rusty, would you run down
that little list one more time of job duties?
SHERIFF HIERHOLZER: Duties are, he makes four -- a
lot of times -- most times, four to five court appearances a
week, okay, staying up with what they're actually doing in
the courtroom, listening to each inmate. He's not a guard or
a bailiff or anything like that. He's listening to what's
going on and making the notations.
COMMISSIONER BALDWIN: Is that a necessary thing?
SHERIFF HIERHOLZER: Yes, it is.
COMMISSIONER BALDWIN: Why?
SHERIFF HIERHOLZER: Because sometimes we don't get
the court paperwork back until the next day. But if they've
reduced the bond and allow the guy, you know, on the docket
to be able to be released that day, I got to get him released
that day. And other times -- Rex has done this to us too at
times -- they put strange little quirks in their judgments,
the way the Judges do things, and it gets real interesting
trying to interpret those by the jail staff.
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MS. HYDE: I'm going to get the book.
SHERIFF HIERHOLZER: So, you have those court
s. You have follow-up and making sure that all
flat time, period. You know, I want them -- that Judge wants
them to serve day-for-day, which is illegal. The Judge can't
order that; Sheriff has good time abilities. Or you just
have blanks filled in incorrectly, you know, wrong number of
days or whatever was put into the court judgment, and that
has to be corrected. A lot of it, you don't get the
paperwork, so at the end of the day you actually try and get
a copy of the docket sheet that the Judge had, that he was
making his own entries on, and we use that until we can get
the court paperwork the next day. Bond reductions are
serious. Figures in our jail credit, depending on what type
of inmate they are and how long we've had them. We've even
kind of halfway tried to develop our own figures to where you
figure out what credit -- whether it's just an inmate that
hasn't caused any problem or they're an inside trustee or an
outside trustee. Maintaining our law library. We have a
physical library out there with books that we maintain, and
we have a computer law library that we maintain. If they ask
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for a book we don't have, we check them out through Linda
upstairs. They're allowed. He retrieves the legal books and
documents, answers requests for the good time inmates put out
on, "What is my good time on this charge?" And when you have
inmates like some of them that have 15, 20 charges on them,
that can get very tedious on one inmate, because they're all
going to be different.
COMMISSIONER BALDWIN: Why is the Assistant Jail
Administrator so busy that they can't handle this?
SHERIFF HIERHOLZER: A whole lot of what they're
doing now also, Buster, is these transports, whether it's
hospital, doctors, dentists, you know, filling in on shift
when we're short. We have exactly the number of people per
shift, and if you have one out, one calls in sick, one's on
vacation, they're working the floor. The -- I've been in the
process of renewing my -- my jail standards policies that
they have to approve, and I sent them in; they sent them back
to me, rejected some the other day, because on, like, our
suicide watch, it's normally been a 15-minute, 30-minute, or
an hour, you know, as a normal one. The recommendation in
writing that I can show you, they sent back the other day, is
5 minutes. Just my separation area alone, okay, and those 18
cells, by the time you finish your suicide watch on 18 of
them, you're started over again. That jailer cannot do
anything else 24 hours a day but look in windows of the cell.
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COMMISSIONER BALDWIN: You're killing me. Answer
Letz' question.
MR. EMERSON: I'd just like to point out that,
given the significant liability concerns, that I think it
would be incumbent upon the Sheriff to personally handle this
duty. (Laughter.)
COMMISSIONER OEHLER: Along with Commissioner 2.
MR. EMERSON: Just trying to help you, Rusty.
SHERIFF HIERHOLZER: I think the County Attorney
needs to come out there and handle this duty.
COMMISSIONER WILLIAMS: Rusty, looks like it's time
for you and me to leave.
SHERIFF HIERHOLZER: Yeah. What do we have?
Starting jail is --
MS. HYDE: Starting jail is 18.5, and an 18.5 is
29, 000.
SHERIFF HIERHOLZER: 13.98.
MS. HYDE: 13.98 currently.
JUDGE TINLEY: Fourteen bucks an hour.
MS. HYDE: 14 bucks currently.
COMMISSIONER WILLIAMS: I didn't know you could get
a lawyer for that kind of rate.
COMMISSIONER BALDWIN: I didn't either.
SHERIFF HIERHOLZER: Y'all would know this person
if I --
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COMMISSIONER OEHLER: Might quit using their
services.
JUDGE TINLEY: Now, now.
COMMISSIONER WILLIAMS: In the real world.
MR. EMERSON: Sure.
COMMISSIONER OEHLER: Excuse me, Judge. No
disrespect intended.
COMMISSIONER WILLIAMS: Present company excluded.
JUDGE TINLEY: Gentlemen, what I'm trying to do is
get us through here before I fold it up. If we're going to
be a while, do you want to break for lunch and come back at,
say, 1:30?
COMMISSIONER OEHLER: Don't look at me. I'm always
hungry.
COMMISSIONER BALDWIN: I want to break for lunch,
yeah.
JUDGE TINLEY: Do you want to go ahead and finish
up?
MS. HYDE: You only got one thing left, right?
COMMISSIONER LETZ: I'll make a motion that we
authorize the Sheriff to hire a part-time person at $14 an
hour to handle inmate records.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated.
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I! MS. HYDE: At the step and grade, not 14. At what
the step and grade is, right?
COMMISSIONER LETZ: Well, at 13.98 an hour.
MS. HYDE: Right.
COMMISSIONER LETZ: 13.98.
COMMISSIONER BALDWIN: Yeah, you want to do this,
because this is going to become a permanent person.
COMMISSIONER LETZ: Okay, 13.98 an hour.
COMMISSIONER WILLIAMS: In keeping with the step
and grade.
COMMISSIONER LETZ: Which is an equivalent of a --
MS. HYDE: 18.5.
COMMISSIONER WILLIAMS: There you go.
COMMISSIONER LETZ: 18.5. Why wouldn't it be --
MS. HYDE: Slash 1.
SHERIFF HIERHOLZER: It's a half. 18.5/1.
COMMISSIONER LETZ: Oh, okay. 18.5, okay.
JUDGE TINLEY: Question, 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 29.
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SHERIFF HIERHOLZER: Thank you, gentlemen.
JUDGE TINLEY: Consider, discuss, take appropriate
action concerning Kerr County Sheriff's Office jail personnel
in regards to inmate medical.
SHERIFF HIERHOLZER: That's the one we discussed
'~ during executive.
COMMISSIONER LETZ: I'll make a motion we authorize
the Sheriff to hire three --
JUDGE TINLEY: Personnel.
COMMISSIONER LETZ: Three medical personnel -- what
do you call them?
SHERIFF HIERHOLZER: Medical personnel, because we
went back to EMT's.
COMMISSIONER LETZ: At what?
SHERIFF HIERHOLZER: At the --
MS. HYDE: It's a --
SHERIFF HIERHOLZER: This one depends on their
qualification.
MS. HYDE: They wouldn't get the nurse's rate,
right?
SHERIFF HIERHOLZER: They should get the Step 1
nurse or the EMT rate, depending on which one we've got,
nursing or LVN's or EMT's.
MS. HYDE: On your -- your nurses are 20's and
22's.
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SHERIFF HIERHOLZER: Okay. At a 20.1 or a 22.1,
depending on step and grade. A 22.1 if it's an LVN, and a
20.1 if it's an EMT, your EMT special skills.
COMMISSIONER LETZ: And the funds would come from
current salary line items within the budget?
SHERIFF HIERHOLZER: Yes, sir.
MS. HYDE: Three?
COMMISSIONER LETZ: Three.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: I have a motion and a second.
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.
COMMISSIONER BALDWIN: I'm in favor of that one.
JUDGE TINLEY: Any other action to be taken by any
member of the Court as a result of matters discussed in
executive session? Let's move to Section 4 of the agenda,
payment of the bills.
COMMISSIONER BALDWIN: Judge, I move we pay our
bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to pay the
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bills. Any discussion? Page 22, J.P. 4.
COMMISSIONER OEHLER: Uh-oh.
i COMMISSIONER WILLIAMS: Uh-oh.
JUDGE TINLEY: Five Star Wireless, $65.74. It is
my desire that we not pay that bill, and return to Judge
Ragsdale $28.75 which he tendered as, quote, his contribution
on the bill. He got the memo like everybody else. If he
wants to do a cell phone, he gets one.
COMMISSIONER BALDWIN: So he chose not to get a
County-issued cell phone?
JUDGE TINLEY: I guess he chose not to. He didn't.
COMMISSIONER BALDWIN: He did not get a county cell
phone, but it's under this same company -- provider, Five
~', Star.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: And he -- what was the rest
of it? You're going to give him back some money?
JUDGE TINLEY: He tendered a check -- I checked the
item, and he tendered -- he sent a check dated April the lst
for $28.75 as, quote, his personal portion of that bill.
COMMISSIONER BALDWIN: Oh. So, he used the phone
for his personal use, and he's simply paying the County back,
and that's a no-no, obviously.
JUDGE TINLEY: Well, if he wants a personal cell
phone, he can have one. If he wants a county cell phone, he
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can have one of those.
COMMISSIONER BALDWIN: I'm with you. That was the
agreement we made. And --
JUDGE TINLEY: Yeah, and I verified that, in fact,
he -- he did receive the notice that everybody else got.
COMMISSIONER BALDWIN: So -- and then -- so what
you want to do is reimburse him that 25 bucks or whatever it
was.
JUDGE TINLEY: 28.75.
COMMISSIONER BALDWIN: 28.75, and you want to send
him the memo again?
COMMISSIONER LETZ: Well, I think the idea is we
don't pay the bill.
COMMISSIONER BALDWIN: He'l1 get the idea then?
He'll figure it out?
JUDGE TINLEY: I would sure hope so.
COMMISSIONER LETZ: May not, but -- you know.
COMMISSIONER WILLIAMS: I think this printout,
Judge, is kind of interesting.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: That the Auditor is
providing us in terms of utilization, which supports the
notion that -- that there are some in our midst who still
maintain their own phones, and only use the county phone very
-- on a very limited basis.
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COMMISSIONER BALDWIN: Yeah. My question on that
thing was D.P.S. numbers.
COMMISSIONER WILLIAMS: Yeah.
MS. HARGIS: Well, they're just moving over, the
D.P.S. Now, they -- I think we looked at theirs, and they're
-- because they're out of the area a lot of times, that's one
of the reasons why theirs may be a little bit more. So --
COMMISSIONER BALDWIN: How many do --
MR. EMERSON: Can I ask a naive question?
JUDGE TINLEY: Yeah.
MR. EMERSON: Are we providing cell phones to DPS
officers?
COMMISSIONER WILLIAMS: Hope not.
JUDGE TINLEY: To one.
MR. EMERSON: Okay.
COMMISSIONER BALDWIN: To the weights and scales
guy, I would -- that was my guess.
MR. TROLINGER: It's -- I believe it's six. Is
that correct? It's six.
', JUDGE TINLEY: No, that's right.
MR. TROLINGER: They replaced the -- previously,
they replaced the pagers that the County had provided.
MS. HARGIS: Yeah, they don't get pagers any more.
MR. TROLINGER: Which were more expensive.
MS. HARGIS: They don't have pagers any more. They
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actually have these instead, so it was kind of a swap in the
budget.
JUDGE TINLEY: So, this is for a bunch of phones?
MS. HARGIS: Yeah, it's for six.
JUDGE TINLEY: Less than 20 bucks a piece.
MS. HARGIS: Yeah, and I think -- I want to say the
pagers were about $20, weren't they? Something like that?
I've forgotten.
SHERIFF HIERHOLZER: 17.95 a month for pagers.
JUDGE TINLEY: How much?
MS. HARGIS: 17.95. And they weren't even using
the pagers; they were in a drawer.
MR. TROLINGER: And the average cost per cell phone
is approximately $15.
COMMISSIONER LETZ: 16.05.
MS. HYDE: 16.05. I signed mine.
JUDGE TINLEY: Okay. Other questions or comments?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry.
COMMISSIONER BALDWIN: Does that motion include
this issue with J.P. 4?
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COMMISSIONER WILLIAMS: Removal of it.
COMMISSIONER BALDWIN: Yes?
JUDGE TINLEY: I assume that's the direction the
Auditor's going to go with it, yeah.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Budget amendments. We have a
summary sheet that was furnished with seven different budget
amendments down there. Do I hear a motion that the budget
amendments as represented by the summary sheet be approved as
submitted?
COMMISSIONER WILLIAMS: I so move.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the budget amendments as per the summary.
Question or discussion on the motion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Do we have
any late bills?
MS. HARGIS: No late bills.
JUDGE TINLEY: I'm sorry.
MS. HARGIS: Just a couple things on mine. From
mine, we did save -- get refunds of another $9,300 on
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Indigent Health Care this month from claims that we're
turning back. And I also gave y'all a new little booklet
here that was budget versus actual, with a few graphs, just
so you could look at them. We kind of vary those a little
bit. And, feedback. Liked them? Didn't like them?
COMMISSIONER LETZ: I haven't looked at it yet.
JUDGE TINLEY: I reviewed them, and I thought
the -- the attorney's fees was very enlightening. Obviously,
our budgeting process worked better this year than it did the
previous year.
MS. HARGIS: So, it's interesting to look, 'cause
you have a two-year comparison there, and so sometimes graphs
kind of jump at you a little bit more. Okay. I just kind of
wondered. Let me know.
JUDGE TINLEY: I have been presented with monthly
reports from Constable, Precinct l; Constable, Precinct 2;
Constable, Precinct 3; and Constable, Precinct 4; Justice of
the Peace, Precinct 2; Justice of the Peace, Precinct 3;
County Clerk, both General and Trust Funds; District Clerk,
Environmental Health; and Road and Bridge. Do I hear a
motion that those reports be approved as presented?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the reports as presented. Question or
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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. Any reports
from Commissioners on their committee or liaison assignments?
COMMISSIONER BALDWIN: Yes, sir. I'm the new cell
phone billing liaison. The -- (Laughter.) On this list,
we're just talking about the DPS and all those things. I
just -- I don't know why I missed this last night, but this
text messaging issue, this note on here. Who'd you point to?
MS. HARGIS: John.
COMMISSIONER BALDWIN: John, why is the JDC -- or
do we not pay for text messaging?
MR. TROLINGER: We do not, as part of the
blanket -- the county contract, pay for text messaging. It
is an additional cost on a per --
COMMISSIONER BALDWIN: So, what do we do about
this? Wouldn't you handle this exactly the same way you did
J.P. 4, with a cell phone?
MR. TROLINGER: Yes. But the JDC has -- has
requested the text messaging capability.
JUDGE TINLEY: Why do they need text messaging
capability?
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MR. TROLINGER: I understand it's something in
conjunction with court, but I don't know specifically.
COMMISSIONER BALDWIN: I can see how it would work.
You know, if you have an officer in a courtroom, you don't
want your phone ringing. You just simply send a message. I
mean, I can see where you'd want it.
JUDGE TINLEY: Under those circumstances, it would
I make sense.
MR. TROLINGER: In lieu of a blanket contract
increase, we -- it's a specific case-by-case basis for text
messaging.
JUDGE TINLEY: Would you do a follow-up on that,
John, and see if that's necessary?
MR. TROLINGER: Yes, I will.
COMMISSIONER BALDWIN: Four dollars -- $3.90. I
like text messaging. It's convenient. I mean, I use it a
lot. It's convenient for me. I can sit in church and
communicate -- (Laughter.)
JUDGE TINLEY: I don't believe I'd have told that.
COMMISSIONER BALDWIN: -- with all kind of folks.
Well, I can tell it here. Nobody from my church is here.
COMMISSIONER WILLIAMS: That means you've tuned out
the minister.
COMMISSIONER BALDWIN: Oh, yeah.
COMMISSIONER OEHLER: That's in between naps? In
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between nap time?
COMMISSIONER BALDWIN: Yeah, in between the naps.
JUDGE TINLEY: Any other reports from the cell
phone overseer?
COMMISSIONER BALDWIN: No, and I'm resigning that
position as of right now.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Only that the C.P.
door-to-door survey is underway, and it is meeting with the
desired results. Keep you posted.
JUDGE TINLEY: Three?
COMMISSIONER LETZ: We already covered all mine.
JUDGE TINLEY: I believe we did.
COMMISSIONER OEHLER: I don't have enough time to
talk about all mine, so I think I'll just let it go.
COMMISSIONER BALDWIN: Judge, I do have one thing.
The hysterical -- Historical Commission had a function over
the weekend, and they had this large -- maybe larger than
that Kerr County map there --
COMMISSIONER WILLIAMS: Little smaller.
COMMISSIONER BALDWIN: Little bit smaller than
that, Bill says -- saith Number 2 -- that after their little
art show is complete over here across the street, they
want -- they're going to donate that, and it's really, really
a neat drawing -- painting.
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I
COMMISSIONER WILLIAMS: It's a depiction of an
Apache encampment someplace north of Uvalde, in the hill
', country, back in the days when the Apaches had encampments.
COMMISSIONER BALDWIN: Yeah. So, it takes both of
us to do this thing.
JUDGE TINLEY: Probably some of your relatives.
COMMISSIONER BALDWIN: It could be. I recognize
some of them. But they're going to donate -- donate that
i thing to the County, and want us to hang it out in the
~~
'' hallway, so y'all be thinking about that. You figure out a
', way to say no, not I.
~! MS. HARGIS: We kind of need a special meeting on
the 18th, if we can have it, for the -- because the cars are
coming in for bid that day, if it would be possible.
COMMISSIONER LETZ: When is that? Friday?
COMMISSIONER BALDWIN: What, now?
MS. HARGIS: The 18th. I think it is a Friday.
COMMISSIONER WILLIAMS: Say it again?
MS. HARGIS: Friday, the 18th, is when we're taking
the bids on the cars.
COMMISSIONER BALDWIN: This coming Friday.
COMMISSIONER WILLIAMS: Oh.
COMMISSIONER OEHLER: I will not be here.
COMMISSIONER BALDWIN: I can, but why would I --
why would I want to be here?
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COMMISSIONER WILLIAMS: Friday, the 18th, we're
I back.
MS. HARGIS: We -- we just -- since we had a little
bit of difficulty there, it would be kind of nice to make it
a little smoother by just having a special meeting.
JUDGE TINLEY: Bids are due to be submitted by 11
a.m.; is that correct?
MS. HYDE: Yes, sir.
I COMMISSIONER LETZ: These are for what cars?
~~ MS. HYDE: The Environmental Health and Animal
Control. And --
COMMISSIONER LETZ: Why do we have to have a
meeting to accept the bids?
i
MS. HARGIS: What time? I think probably about
II 1 o'clock, 1:00 or 1:30.
MS. HYDE: All bids have to be in by 11 a.m.
MS. HARGIS: Or we could make it, you know, 11:30,
'cause they have to be here.
COMMISSIONER WILLIAMS: I can't be here then. If
you want to make it around 2:00, I can be here.
MS. HARGIS: It shouldn't take very long.
!, COMMISSIONER LETZ: 2:00's fine.
', JUDGE TINLEY: Okay, got you. Thank you. Any
other elected officials?
SHERIFF HIERHOLZER: Last thing is, Judge, was part
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of the courthouse security installation is starting in about
two weeks, and it will be some pretty major installation,
about 48 cameras, 50 buttons, and there will be a lot of
activities trying to get all that installed.
COMMISSIONER BALDWIN: Am I going to get a button
', for my desk?
SHERIFF HIERHOLZER: No, not you, Buster. The rest
', of them may, but not Buster.
COMMISSIONER BALDWIN: I want to see if the things
I work.
SHERIFF HIERHOLZER: You'll be playing with it.
JUDGE TINLEY: Anything else?
MS. HYDE: Tuesday and Thursday, H.R. will be doing
training at the JDC. We're working with not just the JDC,
but also Clete Buckaloo's crew will be coming to the
training. And then Wednesday, we'll be at the courthouse
most of the day with Cigna for the long-term and the
short-term disability. That's a lot better than what we had
before. And then in the afternoon, we'll be at Road and
Bridge, and hopefully at the Sheriff's Office with all of his
II people coming on the way out of work or into work for a
10-minute -- it's 10 minutes. It only takes 10 minutes.
COMMISSIONER OEHLER: That's encouraging.
JUDGE TINLEY: Okay. Is that it? We're adjourned.
(Commissioners Court adjourned at 12:50 p.m.)
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STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 18th day of April, 2008.
JANNETT PIEPER, Kerr County Clerk
B Y . _ f~G~i~ ____ _ _ _
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
4-19-08
ORDER NO. 30787
DUCKS UNLIMITED USE OF HILL COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Add Ducks Unlimited to the non-profit list for rental fees for the Hill Country
Youth Exhibit Center.
ORDER NO. 30788
MAINTENANCE BIDS FOR PEST CONTROL, HVAC AND ELECTRICAL
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve the recommendations of the Maintenance Director to accept the annual
primary bidders as follows, and authorize the County Judge to sign Contracts for
same:
1. Hill Country Pest Control for pest control services
2. Compton's of Kerrville for HVAC
3. D. W. Electric Co. for electrical services
And if not available, then the Maintenance Director is allowed to contact the other
vendor sources in order to get the work accomplished.
ORDER NO. 30789
REPLACEMENT OF AIR CONDITIONING UNITS AT KERB COUNTY JAIL
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Authorize the Maintenance Director to go out for bids on replacing the five (5) air
conditioning units at the Kerr County Jail.
ORDER NO. 30790
CHANGE PRIVATE ROAD NAME FROM JULIANA BLUFF E. TO
RAYMOND MOSTY LANE E
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve changing the private road name from Juliana Bluff East to Raymond
Mosty Lane East, located in Precinct 2.
ORDER NO. 30791
MEGAN MANOR AND WESTERN SURETY MAINTENANCE BOND
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Authorize a 90-day extension to Megan Manor to complete Megan Manor subject
to Western Surety Maintenance Bond #70271788 being extended.
ORDER NO. 30792
ANNUAL BIDS FOR ROAD & BRIDGE MATERIALS
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve recommendations of Road & Bridge Administrator to award the annual
bid as follows:
1. Contech for Corrugated Metal Pipe
All bids on base material depending on location of the job site, because of shipping
cost or time involved to:
2. Ergon for emulsion oils
3. Vulcan Materials for black base, cold mix and trap rock
ORDER NO. 30793
REVISION OF PLAT, INGRAM HILLS, LOT 25
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Set a public hearing for May 26, 2008 at 10:00 a.m. for the revision of Plat, Ingram
Hills, Lot 25, Vol. 3, Page 149, located in Precinct 4.
ORDER NO. 30794
REVISION OF PLAT FOR LOTS 23 & 24W IN THE RESERVE AT FALLING
WATER
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Set a public hearing for May 27, 2008 at 10:05 a.m. for Revision of Plat for Lots
23 & 24W in The Reserve at Falling Water Subdivision, Vol. 7, Page 215, located
in Precinct 3.
ORDER NO. 30795
REVISION OF PLAT, INGRAM HILLS, LOT 25
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Revise previous Court Order #30793 and change the public hearing to May 27,
2008 at 10:00 a.m. for the revision of Plat, Ingram Hills, Lot 25, Vol. 3, Page 149,
located in Precinct 4.
ORDER NO. 30796
2008 NATIONAL DAY OF PRAYER
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution establishing May 1, 2008 as the National Day of Prayer in
Kerr County, Texas.
ORDER NO. 30797
2008 SAN JACINTO DAY
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin/Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Proclamation declaring April 21, 2008 to be San Jacinto Day.
ORDER NO.30798
ABANDON, VACATE AND DISCONTINUE 15 FT. RESERVE STRIP AND
PORTION OF CHURCH STREET
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the abandonment, vacating and discontinuance of the 15 ft. reserve strip
(Vol. R, Pg. 212) and that portion of Church Street that lies within the Tomm
property, located in Precinct 2.
ORDER NO. 30799
GUARDIAN SECURITY SOLUTIONS TO INSTALL VIDEO
TELECONFERENCING SYSTEM
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the proposal from Guardian Security Solutions to furnish and install a
video teleconferencing system between the Kerr County Courthouse and the Kerr
County Jail, and authorize the County Judge to sign same, not to exceed $24,800.
ORDER NO. 30800
AMENDMENT OF COURT ORDER NO. 29142 ADOPTING KERR COUNTY
NUISANCE ABATEMENT PROGRAM
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin/Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve designating the full-time Director of the Environmental Health
Department as the Director of the Kerr County Nuisance Abatement Program.
ORDER NO. 30801
INMATE WORK PROGRAM FOR DESIGNATED 501 C3 ORGANIZATIONS
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Grant the Sheriff approval to use the Inmate Work Program to assist Dietert Center
and the Hill Country Shooting Sports Center, as the 2 entities provide a public
service to the County.
ORDER NO.30802
KERB COUNTY SHERIFF'S OFFICE PERSONNEL FOR INMATE RECORDS
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the Sheriff to hire apart-time person at $13.98 per hour, which is
equivalent to a grade/step 18.5/1, to handle inmate records.
ORDER NO.30803
KERB COUNTY SHERIFF' S OFFICE JAIL PERSONNEL FOR INMATE
MEDICAL
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Authorize the Sheriff to hire three (3) medical personnel at a grade/step 22.1 for an
LVN or a grade/step 20.1 for an EMT, and the funds to come from the current
salary line item in the budget.
ORDER NO. 30804
CLAIMS AND ACCOUNTS
Came to be heard this the 14th day of April, 2008, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	222,120.54
14-Fire Protection	$	26,035.95
15-Road & Bridge	$	32,504.70
19-Public Library	$	36,972.25
26-JP Technology	$	2,825.00
37-Center Point Wastewater	$	41.00
50-Indigent Health Care	$	19,999.14
76-Juv Detention Facility	$	9,014.62
77-LEOSE Funds	$	300.00
TOTAL

349, 813.20
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, with the exception of not paying and pulling the Five Star Wireless bill
for JP #4, and reimbursing the $28.75 to Judge Ragsdale which he tendered as his
contribution for his personal portion of the bill.
ORDER NO. 30805
BUDGET AMENDMENT NUMBERS 1-7 DATED 04/14/2008
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 to:
Approve the Budget Amendments as per the Summary presented.
ORDER NO. 30806
MONTHLY REPORTS
Came to be heard this the 14th day of April, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 the following monthly reports:
Constable Pct # 1
Constable Pct #2
Constable Pct #3
Constable Pct #4
JP #2
JP #3
County Clerk -General and Trust Fund
District Clerk
Environmental Health
Road & Bridge