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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, April 28, 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 28, 2008
--- Commissioners' Comments
1.1 Consider/discuss, take appropriate action to
approve proclamation declaring month of May
as Elder Abuse Awareness Month
1.2 Consider/discuss, take appropriate action to
establish a Class C Misdemeanor under Texas
Health and Safety Code, with fines up to $500
for persons who fail to clean up their animal
waste while using Flat Rock Lake Park
1.3 Interpretation report of programs of the Kerr
County AgriLIFE Extension Office
1.4 Consider/discuss, take appropriate action to
authorize placement of flags of countries
represented in World Cup Shotgun competition
on courthouse grounds from April 26th through
May 12, 2008
1.5 Consider/discuss, take appropriate action to
approve a county-wide vehicle policy
1.6 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
1.7 Consider/discuss, appoint M'lissa Hayes as a
member of the Kerr County Child Services Board
1.10 Consider/discuss, take appropriate action to
release Letter of Credit #2006-03 from Hebbron-
ville Ranch Properties, Ltd. for Vistas Escondidas
Cypress Springs Estates
1.11 Consider/discuss, take appropriate action for
the commercial preliminary plat of A-OK Storage
1.12 Consider, discuss and take appropriate action
for final revision of plat for Tract 3, Theodore
& Dorothea Oehler Estate
1.8 Public Hearing to abandon, vacate and discontinue
Fossler Road
1.9 Consider/discuss, take appropriate action to
abandon, vacate and discontinue Fossler Road
1.13 Consider/discuss, take appropriate action to
advertise for bids on new or used forestry truck
with chip box
1.14 Consider/discuss, take appropriate action on
request to reconsider paying cell phone bill for
Justice of the Peace 4
1.15 Consider/discuss Kerr County recycling program
1.16 Consider/discuss, take appropriate action to
declare old Environmental Health vehicles surplus
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I N D E X (Continued)
April 28, 2008
1.17 Consider/discuss, take appropriate action on
LCRA's request to clear the right-of-way on
property located by juvenile detention facility
1.18 Consider/discuss, take appropriate action to
remind surveyors of ramifications if platting
requirements are not properly adhered to
1.19 Consider/discuss, take appropriate action con-
cerning updates on joint City & County functions
1.20 Consider/discuss, take appropriate action on
Broker/Dealer List for Kerr County in accordance
with Public Funds Investment Act
1.21 Consider/discuss, take appropriate action to
institute purchasing policy for Kerr County;
request any modifications or changes to the draft
of purchasing policy from Commissioners Court
1.23 Consider/discuss, take appropriate action for
completion of training for Road & Bridge staff
member (Executive Session)
1.24 Consider/discuss, take appropriate action
regarding real estate matters (Executive Session)
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
5.2 Reports from Elected Officials/Department Heads
3.1 Action as may be required on matters discussed
in Executive Session
--- Adjourned
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On Monday, April 28, 2008, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regularly scheduled meeting of the
Kerr County Commissioners Court scheduled and posted for this
time and date, Monday, April 28, 2008, at 9 a.m. It is that
time now. Commissioner Oehler?
COMMISSIONER OEHLER: Please stand for a word of
prayer, and followed by the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: At this time, if there's any member
of the public or the audience that wishes to be heard on an
item that is not a listed agenda item, feel free 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. They are normally found at the
back of the room. I trust there are some there now. If,
however, we got an agenda item that you wish to be heard on,
and you haven't filled out a participation form, get my
attention in some manner and we'll see that you have an
opportunity to be heard. But right now, if there's anybody
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that wishes to be heard on any matter that is not a listed
agenda item, feel free to come forward at this time. Seeing
no one coming forward, we will move on. Commissioner Oehler,
what do you have for us this morning?
COMMISSIONER OEHLER: One thing. We have an
adopt-a-thou going on at Animal Control this coming Saturday
and Sunday. The adoption fees will be $45 for either cats or
dogs, and that includes the spay/neuter -- spay or neuter,
all their rabies shots, distemper shot, and county
registration fee. And we encourage people to come and adopt
some animals out so that they can be -- have new homes and be
better off. And --
COMMISSIONER BALDWIN: Is that a reduced price?
COMMISSIONER OEHLER: It's not really a reduced
price. We're already as low as we can possibly go. If they
adopt an animal that's already been spayed or neutered, then
the fee can be a little bit less, but we're -- we're so low
on that, an owner can't go buy a pet and take it and have all
those things done for anywhere close to $45.
COMMISSIONER BALDWIN: Oh, I understand, yeah.
COMMISSIONER OEHLER: And we're going to -- Vicky
and I are going to cook some hamburgers, some hot dogs and
stuff for people that want to come out there, and that will
all be free. And there will be donations accepted, and I
believe those will benefit some other agencies that deal with
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-- with animals.
JUDGE TINLEY: Also going to have some of the other
humane organizations that are participating as well as a
bunch of door prizes, aren't there?
COMMISSIONER OEHLER: That's true. They're going
to have door prizes, and also Freeman-Fritts and Humane
Society will be there. So this is a -- this is a good chance
to maybe -- to enhance the overall appearance of Animal
Control and give people a chance to tour the facility and see
what it's all about. That's it.
COMMISSIONER WILLIAMS: How successful have our
adoption efforts been so far?
COMMISSIONER OEHLER: Very. There are many weeks
that go by sometimes without having to euthanize any dogs,
and we hope to get that down to where we're -- we would love
to be a no-kill shelter. But until owners become more
responsible about ownership of pets, it's not going to
change. That's it.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: Well, let's talk about high
school athletics a little bit. Track season has ended.
Rex's boy threw down in San Antonio, and ended up with a --
fifth?
MR. EMERSON: Fourth.
COMMISSIONER BALDWIN: Fourth, and just inches out
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of qualifying for State. And that's what's neat about that
regional meet; you get guys in there that are exceptional
athletes and -- and inches separate them all the way from
first to sixth and seventh place, so it's kind of neat. But,
anyway, it -- nobody -- nobody from Kerrville's going to
State. I think there's a couple -- couple from Comfort,
maybe. But -- so -- and but now my friend Tim's daughter
plays softball for the Tivy Antlers -- are they Tivy Antlers?
MR. BOLLIER: Yes, sir.
COMMISSIONER BALDWIN: Okay. I didn't know if
girls were Antlers or not. Never have figured that out.
JUDGE TINLEY: Lady Antlers?
COMMISSIONER BALDWIN: Lady Antlers, yeah.
Nevertheless, they're an appendage, you know, like they could
be Lady Spleens or something like that. But -- but they're
not. But they are in the state playoffs, and won the first
-- their first round of the playoffs. And they play their --
they start their second round this Friday night here in
Kerrville. So, who are they playing?
MR. BOLLIER: Dripping Springs.
COMMISSIONER BALDWIN: Dripping Springs. So,
that's this Friday night. And, of course, Tim's daughter is
the -- is the star of the show, and she truly is. I went out
and watched her the other night, and she -- she's really some
softball player. So, if you don't have anything going on
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Friday night, Lady Antler softball. And then I'm sure
everyone is aware that our good friend Coach Reid passed
away, and the funeral is tentative -- tentatively set for
this coming Saturday at 1 o'clock. I had the -- asked the
question, why so long? There is a state coaching school
going on this week, basketball coaching school going on here
in the state of Texas, and they wanted -- it was requested
that the school get out of the way, and so they -- there's
lots of those guys that want to come down for it. So, the
funeral's tentatively set for 1 o'clock this coming Saturday.
That's all. Thank you.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: I'm going to pass, Judge.
Save my voice for the main event to come.
JUDGE TINLEY: Sounds as though you're running a
little short on voice.
COMMISSIONER WILLIAMS: I'm running a little short.
COMMISSIONER BALDWIN: Sometimes that's good.
JUDGE TINLEY: Sometimes that can be good news.
COMMISSIONER WILLIAMS: Yeah, that would be good
news.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Region J met in Kerrville last
week, and thanks to Jody -- those that were around the office
last week, I think Jody realized how much can happen that
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needs to be done occasionally as the administrative assistant
for Region J. It was one of those -- we're going out for a
new scope of work, which means all kinds of notifications
have to go out and letters out and all kinds of stuff.
Anyway, Jody got through that. Thanks to her for doing a --
going above and beyond last week trying to get all that out.
COMMISSIONER BALDWIN: I'm wondering, maybe we
should put Region J under the sporting section.
COMMISSIONER LETZ: The sporting section?
COMMISSIONER BALDWIN: Yeah, the sports section,
'cause it sounds like it's kind of a contact deal.
COMMISSIONER WILLIAMS: Did you give her a glossary
of terms? I heard her complaining about acronyms.
COMMISSIONER LETZ: She -- actually, she attended
the meeting. I moved it to Kerrville at the last minute, and
she attended, and said it was rather difficult to follow
'cause we speak in Greek. (Laughter.) But I'll -- we'll
have to work on the acronyms, but what we're doing right now
which caused all that work is the scope of work for the next
two years of the current five-year plan is being written, so
all that's going through. The scope of work -- I think it's
the 28th -- I believe the 28th of May, we're meeting in Camp
Wood, if anyone wants to go, when we do our final review of
the scope of work, iron that out. Other than that, I don't
have a whole lot. I just had an unusually relaxing weekend.
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I spent a good bit of yesterday afternoon, as cold as it was,
catching tadpoles with Sam. We had a good time.
JUDGE TINLEY: Speaking of sporting events, we --
we've got a World Cup shoot that's going to take place here
it's approximately 44 countries. We had that same number,
maybe a few more, last year at about this same time that came
to our city, and the -- needless to say, the economic benefit
that's derived from those competitors that come in -- it's
not just the competitors; it's the coaches that come with
them, the support people that work with them, the families
that come with them, so there's a lot of dollars that flow
from that event, and it's really a good thing for the
community. Make these folks welcome and encourage them to
come back when you see them. I know that's what the
merchants are doing when they get that opportunity. But it
begins the tail end of this week, and it'll -- it'll run
through the end of the following week. Hopefully the
governor will be here to participate in some of the events
and some of the awards ceremonies. He's currently scheduled
to be here, I believe, on May the 9th. Like so many other
things, he's got it on his schedule, but we'll know for sure
if he shows up. Beyond that, we can't be sure, except that
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he did not respond that he had a conflict and wouldn't be
here. So, it ought to be a good event. If you have an
opportunity, go out. There's no admission charge. There
will be various shooting events, men's and women's, all
through the week, and -- and it's exciting to watch. Let's
get on with our agenda, --
COMMISSIONER BALDWIN: Judge?
JUDGE TINLEY: -- if we might.
COMMISSIONER BALDWIN: Judge? Well, you're not
going to talk about Thursday being prayer day and the
function here?
JUDGE TINLEY: Thank you for reminding me,
Commissioner.
COMMISSIONER BALDWIN: And then before that,
there's a breakfast at Trinity Baptist for one dollar.
JUDGE TINLEY: Yeah, one dollar donation, I think.
COMMISSIONER BALDWIN: One dollar donation.
JUDGE TINLEY: And that, I believe, is at 6:30.
That's Friday, May 1st. Always occurs on May the 1st, which
coincidentally happens to be Law Day in this entire country.
We don't want to get the two confused, though.
COMMISSIONER BALDWIN: No, let's don't. Thanks for
bringing that up.
JUDGE TINLEY: But the National Day of Prayer
ceremony will begin at 11:30 right out in front of the
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courthouse. There will be a number of folks there, including
members of the Court, and we encourage everybody to attend
that can attend. Appreciate you reminding me of that.
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: Okay. Let's get on with the agenda.
Item Number 1 is a timed item at 9 o'clock; we're a bit past
that. Consider, discuss, and take appropriate action to
approve proclamation which declares the month of May as Elder
Abuse Awareness Month. Is Ms. Doerries -- I don't see her
here. Any word from Ms. Doerries about whether she is going
to be prevented from being here? Or --
MS. GRINSTEAD: No. When she put it on the agenda,
she said she planned on being here. I haven't heard from her
since.
JUDGE TINLEY: Okay. What is the Court's pleasure?
Do you want to go ahead and move forward? Or --
COMMISSIONER BALDWIN: If you entertain a motion,
I'll be happy -- 'cause I think it's very appropriate to --
JUDGE TINLEY: All right.
COMMISSIONER BALDWIN: -- do, good to do this. I
move to approve the agenda item.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Is there any question or
discussion on the motion? All in favor of that motion,
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 2, which is to consider, discuss, and take
appropriate action to establish a Class C misdemeanor under
Texas Health and Safety Code Section 365.012, with fines up
to $500 for persons who fail to clean up their animal waste
while using Flat Rock Lake Park. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. I was
looking for the angry mob out there, but I don't see any of
them. Maybe they're rallying on the courthouse lawn before
coming in. This is a continuing problem, and Mr. Bollier
talked to the Court about it a couple months ago, and I'm
going to ask him to speak to the Court about it again today.
As late as quarter to 9:00 this morning, I had another
constituent complain about it, and urged the Court to do
something about it. But the fact of the matter is that the
folks who use the park, who have been given the ability to
let their animals run free, are doing just exactly that, and
they're failing to clean up behind them and they're spoiling
it for everybody else. I want Tim to tell the Court exactly
what he sees out there and what his maintenance people see,
and then we'll go from there.
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1 MR. BOLLIER: Well, as y'all know, Sonny does most
2 of my mowing down there in the park, and he mowed a week and
3 a half ago down there. And it's so bad down there that it's
4 getting on his mower tires, it's slinging out from underneath
5 the mower as he's running over it. There's a couple of
6 people that I see that -- I've been down there early in the
7 morning, or just basically around 10 o'clock, to where they
8 just come down, they let their dogs run loose, and they're at
9 one end of the park and their dogs are at the other end of
10 the park. And then this morning I had another complaint, and
11 I think it's the same person that talked to Commissioner
12 Williams. He's -- he comes to me and he says, "Tim, I can't
13 even take my granddaughters down there, because it's -- the
14 dog poo is everywhere." And, you know, it's a shame, because
15 you can't -- it used to be you could go down there and take a
16 blanket and put it on the riverbank and have a picnic and
17 whatever, but you can't do that any more. It's everywhere.
18 It is everywhere. And I just -- I would like to see
19 something done. I don't know exactly what we can do about
20 it, but I would like to see something.
21 COMMISSIONER WILLIAMS: I asked the County Attorney
22 to -- thank you, Tim. I asked the County Attorney to
23 research the law to find out just exactly what's available to
24 ~ us in this -- in this area, and in your packet is a letter
25 ~ from Mr. Emerson dated April 10th in which he cites the Texas
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Health and Safety Code Section 365.012. That seems to be
what's available to us in this -- in this ability. And also
provided you with some sample signage which we could acquire,
or make some of our own or do whatever, and -- and post them
in conspicuous places. I just believe it's time to do
something about it. We're ruining the park for everybody
else who wants to use it -- or allowing it to be ruined;
we're not ruining it. And it's time to do something about
it.
COMMISSIONER BALDWIN: I couldn't agree more. What
did we do a few months ago when the -- when the mobs were in
here and we talked about putting up a sign? We were talking
an actual dog park at that time, and we did not say "dog
park," but we said something. What --
COMMISSIONER WILLIAMS: Well, we allowed them to
take their animals and let them run free so long as they were
theoretically under voice control.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER WILLIAMS: You can argue that one back
and forth too as to what's voice control or -- and what
actually happens. And so they are doing just that; they're
running free. And I've witnessed it, as I'm sure anybody
else that's been out there. Dogs run all over the place.
Owners are here and the dogs are way over there. Dog takes
care of his business and the owner doesn't do anything about
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it, and the they run free. I haven't been -- been told of
any more incidences where any dog running free has been
jumping on people like we had before --
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER WILLIAMS: -- and attacking people or
other animals, but it probably happens.
COMMISSIONER BALDWIN: So, what you're talking
about here, this $500 fine --
COMMISSIONER LETZ: Long as it's less than
15 pounds.
COMMISSIONER BALDWIN: Yeah, that's what I was just
fixing to read.
COMMISSIONER WILLIAMS: That's a load.
COMMISSIONER BALDWIN: An offense of 15 pounds or
less is a Class C misdemeanor.
COMMISSIONER WILLIAMS: That's a big --
COMMISSIONER BALDWIN: Is that per dog, or --
COMMISSIONER WILLIAMS: Yeah. And that's a big dog
that can do that.
COMMISSIONER BALDWIN: I'm telling you. But -- "or
less." So, the -- I can see that. But shall we -- let's
see. I'm like old Tim; I've got to kind of figure out my
language here before I open my mouth. Well, can't we --
whoever's -- whoever's in charge of dog laws, whoever arrests
people for their dogs breaking the law --
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COMMISSIONER WILLIAMS: That would be the Sheriff.
COMMISSIONER BALDWIN: That would be the Kerr
County Sheriff.
COMMISSIONER WILLIAMS: Yes.
COMMISSIONER LETZ: Or constables.
COMMISSIONER BALDWIN: Or constables, yeah. So, we
need to tighten that up about people being here and the dogs
being there away from the voice command, out from under the
command of the owner.
COMMISSIONER WILLIAMS: It would be good as well.
Yes, sir.
COMMISSIONER BALDWIN: So we need to start throwing
the book at them, and preferably telling them to keep their
dogs out of our park.
COMMISSIONER LETZ: All we're talking about --
COMMISSIONER WILLIAMS: Number one --
COMMISSIONER LETZ: Today, all we're talking about
is up to 15 pounds.
COMMISSIONER WILLIAMS: That goes from 1 ounce to
15 pounds, Commissioner.
COMMISSIONER BALDWIN: Is that ankle-deep, or --
COMMISSIONER WILLIAMS: That's wading in the stuff,
yeah.
JUDGE TINLEY: County Attorney, you want to clarify
something, I think?
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MR. EMERSON: I just want to point out to the Court
that you don't have to take any action on this. It's a state
statute; 'it's already on the books, so --
COMMISSIONER LETZ: But we could.
SHERIFF HIERHOLZER: It's called littering.
COMMISSIONER BALDWIN: I think we're trying to get
a message out here, though.
MR. EMERSON: I understand.
COMMISSIONER BALDWIN: And we're doing a pretty
good job of it so far.
COMMISSIONER WILLIAMS: So far, so good.
COMMISSIONER LETZ: I think posting a sign would
probably be a good idea. I'm not sure, you know --
JUDGE TINLEY: Yeah, I -- well, even though
ignorance of the law is no excuse, certainly, if we were to
post signs that, you know, it is unlawful to not clean up
after your dog, why, I think it -- I think it would be well
to post some signs. We may have to get the Sheriff some --
an ample supply of Ziplock bags so that he can use that to
collect evidence.
COMMISSIONER BALDWIN: Well, there's gloves --
those gloves that you stick -- put your hand in the glove and
grab ahold of the stuff and pull it right back out, and you
got it bagged. Rusty, we need to see what size you're going
to need so we can order.
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COMMISSIONER WILLIAMS: Rusty's hands's small. You
have to get varying sizes.
SHERIFF HIERHOLZER: I think this one's going to be
for the Commissioners to enforce.
MS. UECKER: And DNA testing.
COMMISSIONER WILLIAMS: Oh.
COMMISSIONER BALDWIN: DNA.
COMMISSIONER LETZ: I think the -- I mean, we're
joking about that, but if -- you know, if we're going to put
up any signage, a level of enforcement needs to accompany it.
And I think the Sheriff is concerned that he doesn't -- isn't
real interested in enforcing it, but constables very -- or
can enforce it as well.
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER LETZ: And, you know --
SHERIFF HIERHOLZER: My problem with the whole deal
is, it's really unrealistic to expect at all, okay, in a lot
of ways, when I've got four or five officers on duty and
we're answering 3,000 to 4,000 calls a year, to expect us to
sit down there in that park with a pair of binoculars and
watch when the doggy goes poo-poo so that we can run down and
write the owner a ticket. Just ain't going to happen.
COMMISSIONER BALDWIN: I knew the language was
going to come out sooner or later.
SHERIFF HIERHOLZER: Well --
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COMMISSIONER WILLIAMS: He's pooh-pooping this
whole thing, isn't he?
SHERIFF HIERHOLZER: I don't have -- yeah, I'm
pooh-pooping the whole thing, because it's just unrealistic
to expect us to be able to do that with the law enforcement
we have to do.
COMMISSIONER LETZ: But I think -- I mean, and I
don't disagree with that. Certainly, it's not going to be a
priority, I wouldn't think. You shouldn't look at it as a
priority, but constables could go down there as well. And I
think it -- a few enforcements would make a big difference.
COMMISSIONER WILLIAMS: I think you start with the
signage. The County Attorney says we don't have to enact
this because it's already in the state law. That's fine, but
you start with the signage and see where it goes from there.
SHERIFF HIERHOLZER: I think it's -- you know, and,
of course, with the dogs running loose down there, and like
you said, the dogs would be at one end of the park, the owner
at the other end of the park. It's going to be -- who says
the owner even knows what the dog did at that point? It may
be more realistic to put the dogs back on a leash down there.
COMMISSIONER WILLIAMS: Well, I don't disagree with
that, but that's not the way it's styled on the agenda item.
I don't disagree with that at all.
SHERIFF HIERHOLZER: Put it back on the agenda for
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next time for the dogs to be back on a leash down there if
you're having that problem with them.
COMMISSIONER OEHLER: Here comes the crowd.
COMMISSIONER WILLIAMS: Here comes the crowd,
right.
COMMISSIONER LETZ: I think we also have the
opportunity to look at the -- now that the bridge that
connects the two parks is open, we have discussed the
possibility of having one a dog side of the creek, free dogs
running around. The other side no dogs, or leashed. I think
we can do that now, and that was not an option really before.
COMMISSIONER WILLIAMS: So, if the Court's cool
with the signage, we'll start with the signage. Do I need a
I motion?
COMMISSIONER BALDWIN: No. But I -- you know,
probably so. But I -- I think Rusty's right about bringing
it back and let's get them back on the leashes.
COMMISSIONER WILLIAMS: I can bring the whole thing
back, or we can just take care of what we can take care of
today.
COMMISSIONER BALDWIN: To me, you know -- again, we
were kind of joking about it, but I can't imagine somebody
sitting and waiting for a dog to squat and --
COMMISSIONER WILLIAMS: No.
COMMISSIONER BALDWIN: -- let's get him on film and
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take him to the courtroom and all of that stuff. So, to me,
the answer to it is just get them back on the leash and a
little more control. And if mom and daddy doesn't like that,
~ they can keep the dog at home, far as I'm concerned.
COMMISSIONER WILLIAMS: We'll bring it back.
I
COMMISSIONER BALDWIN: I don't know about this sign
thing. How many signs do we have up down there now? We put
up three or four different signs.
COMMISSIONER WILLIAMS: One big one at the
entrance, right?
MR. BOLLIER: One big one at the entrance.
COMMISSIONER BALDWIN: What does it say? You don't
know?
COMMISSIONER WILLIAMS: It says that you have to
keep your dog in voice -- within voice control, and whatever
-- whatever we attached to that. I've forgotten what the
penalty was. But it's your responsibility to keep your dog
either leashed or under voice control. Am I correct, Tim?
MR. BOLLIER: Right.
COMMISSIONER OEHLER: Also clean up behind him, I
I believe.
~ COMMISSIONER BALDWIN: And so you leave that up,
and then we're going to add another sign that says what?
COMMISSIONER WILLIAMS: Something to the effect of
one of these samples here, that it's your responsibility to
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~' clean up after your dog. If we bring back the leash bit, we
can wait on that and then go with one like that, that says
leash and clean up after your pet. Which would -- I'll bring
it back.
JUDGE TINLEY: Okay. Is that it for that one?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Let's go to Item 3, which is a timed
item for 9:15. It's a bit past that. Interpretation report
of programs of the Kerr County AgriLIFE Extension Office.
Mr. Walston.
MR. WALSTON: Good morning.
JUDGE TINLEY: Got your crew here with you, I see.
MR. WALSTON: Yes. Yes. Appreciate y'all's time
and letting us come forward and give a quarterly report on
what's been going on out at the Extension Office. With that,
I'm going to ask Rene Walls to start and give her a brief
review on what's she's got coming up.
MS. WALLS: Good morning, you guys.
COMMISSIONER OEHLER: Good morning.
COMMISSIONER BALDWIN: Morning.
MS. WALLS: Okay. These are just some programs
that I'm working on. My big program for this year is called
Eat Smart for Chronic Disease, and it covers heart health,
bone health, and cancer risk, and it just discusses eating
healthier to help prevent those diseases. And I also did
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Myths and Realities about Maintaining a Healthy Weight for
some of the teaches at Nimitz Elementary School. And Better
Meals with Better Planning; I'm doing that at the Red Cross
tomorrow for a group of senior citizens. And then on the
back -- it's going to be real quick. On the back, we had a
fashion show this weekend for all the 4-H kids who do
clothing and textiles. They got to present their items, and
we had some awards. Boehle Behrens got fifth place in the
Junior Division for her ensemble. Ricardo Madrigal got fifth
place in the intermediate division for his shirt which he
entered into the separates category. Sarah Muehlstein got
first place in two categories, for her accessories item and
her household item, and Katie Muehlstein got second place for
her household item and accessories. And that's all I have to
report. Thank you.
COMMISSIONER BALDWIN: Thank you.
MS. WAHLS: Yes?
JUDGE TINLEY: The Eat Smart program, is there some
degree of emphasis on prevention of diabetes?
MS. WALLS: There's not in that particular program.
I mean, it talks about eating healthy so that it prevents
several diseases. It just covers those three in particular.
However, I'm going to be doing training in November for Do
Well, Be Well, so I can provide that program --
JUDGE TINLEY: Okay.
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MS. WALLS: -- next year.
JUDGE TINLEY: 'Cause I think we have a pretty high
risk of diabetes, particularly with our older population.
MS. WALLS: I agree.
JUDGE TINLEY: And I think that's a significant
cost in our indigent health care program. And if we can do
some education to that segment of the population, sometimes
just a little bit of education prevents a whole lot of
medical costs.
MS. WALLS: I agree with you. They just would
prefer that I have a little more training first before I go
out and do the diabetes stuff, so --
JUDGE TINLEY: Okay.
MS. WALLS: But we're doing that.
JUDGE TINLEY: Is that available to you?
MS. WALLS: Yes. It's going to -- I'm going to be
doing it in November, and I will be providing it shortly
after that.
JUDGE TINLEY: Okay, great. Thank you.
MS. WALLS: Thank you.
MS. BOYD: I'm going to do a quick update on some
of the 4-H programming that we've been doing. Now, our
shooting sports programming is really very important to us in
Kerr County, and we were finally able to get our new archery
program started about a month ago with $2,300 of grant money.
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$7,000 grant to buy new guns for our trap and skeet program.
And, as y'all know, one of the purposes that we really
emphasize getting this equipment and having it available is
so that youth have the opportunity to come and participate in
the programming and make sure that it's something that they
will, you know, want to be a part of before they go -- their
parents go out and invest in a lot of equipment and stuff.
So, it's been very -- as a matter of fact, all our shooting
sports programs are growing by leaps and bounds. It's
really -- it takes a lot of interest in the county.
On our Junior and Senior Council programs, you
know, that's about 66 kids, junior high and high school, that
we do. Basically, we focus on leadership development and
community development, and they're doing several things.
Actually, they just finished up the -- which is the paper I
gave you -- a Health Rocks series, to where they, over --
let's see, we had 16 youth and they went into the Nimitz
Elementary School, and also did the program this summer for
the Salvation Army on our mini-camp week. And the Health
Rocks program is a new curriculum that is a -- it's a
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kids are -- are going in and actually talking to the third,
fourth, and through fifth graders about the emotions and why
do they make the types of decisions that they have. And it
the teachers and the principal at Nimitz. Our 16 youth were
just amazed at how open the kids were with their responses,
and things that came up that kind of really made them think
dealt with. So, it was really an eye-opener for them, and
real good learning opportunity for them on their speaking
skills and dealing with youth.
Also, they continue to do their after-school
program at the Salvation Army once a month. And we're fixing
to, next week, do our Ag Awareness Day for the area fourth
graders. We'll have about 500 youth out doing the Ag
Awareness Day at the Ag Barn next week, and we do that with
the Farm Bureau, and we'll have about 12 different
agriculture-based stations that we'll be doing education with
the kids on. So, besides that, we have lots more going on
but I thought that was really the highlights that y'all would
enjoy hearing about. Thank you.
JUDGE TINLEY: Excuse me, Ms. Boyd.
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MS. BOYD: Yes?
JUDGE TINLEY: What -- do you recall offhand the
numbers that are in the various shooting sports programs that
you've got going?
MS. BOYD: We had -- on our starting archery, we
had I5 kids, I believe, that ended up participating. We had
a few more signed up, but had some conflicts. Our air pistol
or rifle, BB gun program has just -- it's gone out the roof.
We, last year, had about 12. This year we had right at 30
kids, and it's just -- we've already got kids signed up, one
that came in late wanting to start in the fall. They're
actually going to do it fall and spring now, because we've
got so many kids wanting to do it. And our trap and skeet
program, we're at 36 kids in our trap and skeet program. And
the really great thing is -- is we have 16 certified coaches
now for our trap and skeet program, which is a real help. We
had been struggling with having enough coaches certified, and
we actually have 16 coaches certified now, so it just
continues to keep growing and growing every year.
JUDGE TINLEY: The -- when they have major shoots
out at the Shooting Sports Center, such as the World Cup
coming up, --
MS. BOYD: Yes, sir.
JUDGE TINLEY: -- do your kids get to do the
concessions out there?
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MS. BOYD: We -- we do not do the concessions for
those events. We benefit from the concessions for those
events, because we have an agreement with the concessionaire
out there, because it's just that long an event, it's very
difficult to be able to have enough parents and support out
there, and also during the day when parents are working. The
concessionaire out there, we get 20 percent of all his
proceeds from the time, and that's been going ever since the
I range expanded and got the Olympic agreement, and it actually
benefits us probably about $1,500 a year we make off of those
concessions. So -- it can fluctuate from about 12 to 15.
So, mainly, the concessions we do are our own concessions for
our event.
JUDGE TINLEY: Okay.
MS. BOYD: So -- but it's a very sweet deal, 'cause
actually, he does it -- normally, he only does about
15 percent, but he agreed to 20 percent for us.
JUDGE TINLEY: Is the state 4-H shooting sports --
are we going to have those here in Kerrville?
MS. BOYD: We will not be having the state shoot.
The state shoot is actually in San Antonio. They have all
the disciplines at the end of July. We are having our big
shoot on the first weekend of June. We've already -- we're
this far out, and we've already met our number. We have 175
shooters coming. We had to -- we kind of culled it down a
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little bit from last year, because we had 300 and it was a
little bit more than the volunteers could handle for what we
had, so we scaled it back a little bit to have more -- a
little more manageable. So -- but we're expecting there'll
be over 1,000 kids and families out there that weekend.
It'll be a three-day shoot.
JUDGE TINLEY: Okay, thank you.
MS. BOYD: Thank you.
MR. WALSTON: I want to give you a little bit of an
update for the -- as you know, from about the middle of
January till the middle of March, I'm pretty well on the road
with stock shows. The 4-H kids are participating in five of
the major stock shows, being Fort Worth, San Antone, San
Angelo, Houston, and Austin. This year we had 47 exhibitors
that participated, 137 projects -- livestock projects in the
five major shows, and that generated $33,000 in premium money
from those animals that made the premium sales. This year,
we had a good year in the market lambs, exhibiting in four of
the five champion drives. We sold two barrows, one in San
Angelo, one in San Antonio, and had one steer made the sale
in Houston, and that's a good place to hit it when you do.
As far as scholarships, we've got two 4-H'ers coming up for
4-H Foundation scholarships. In the past -- I believe in the
past four years, we've ended up giving out, I believe, five
scholarships. Hopefully we'll get two more, and, Judge, I
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So, some of the other things we've got coming up is
undue this weekend. We've got 26 kids involved in
judging contest, including our wool contest, wool and mohair
contest, and our plant ID, as well as -- well, I believe
those three. And also a livestock team that we'll have
competing this Saturday at State Roundup. We will have State
Roundup the first week of June. This year we'll have also a
wool and a mohair team, and for the first time, we'll have a
Share The Fun skit group that will be presenting a skit at
the state contest. That -- that pretty well winds up the --
the 4-H livestock and ag projects. As far as my Ag Natural
Resource programs that have been going on, we had our pecan
grafting field day on April the 22nd out at Bill Hathaway's.
We had about 30 producers come out and learn how to graft
pecans and production -- learn the production management
principles on early season pecan production.
On May the 5th, I've got a program on
trichomoniasis in beef cattle, which is a disease that we're
starting to see come from cattle from the north as they start
to come down, and we're starting to see some problems in
bulls that -- some infertility and some -- it can be a
devastating loss to producers, especially larger herds. On
May the 8th, we have a private applicator training and
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licensing for anybody that's needing to get private
applicator testing. On May the 13th, we'll be having our
Hill Country Living 101 program, which is targeted towards
to help them understand more about the properties that
they've purchased, exactly what agency do they need to visit,
whether it be Parks and Wildlife, Extension, Natural Resource
Conservation Service, whatever agency it may be that they --
they feel like, depending on what problem. We'll have a full
day program on that to help them from the ground up, as far
as learn more about their rain sites and their -- and exactly
learn more about their -- their operation.
On May the 14th, I'll be working with the Texas
Parks and Wildlife on a lands educational program. It's a
7th grade -- for 7th graders, and a natural resource
conservation field day out at the Kerr area, and we'll have
about 74 seven -- 7th graders from the area that will come
out and we'll go over natural resources with them on that
day. On the 22nd, we have our multi-county meat goat field
day, and I actually think this year it's going to be covering
hair sheep. Hair sheep are starting to grow in popularity,
and also fit in real well on small acreage landowners, so
that's an area that we're going to concentrate on May the
22nd. It's going to be held in Kendall County this year. We
rotate that around every year amongst the four counties. So,
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that's pretty well what we've got so far as far as ag natural
resources and 4-H. Any questions I can cover?
COMMISSIONER OEHLER: What about the progress on
the new --
MR. WALSTON: Project -- our project center? We've
got about 3,000 feet of pipe, 2 3/8 pipe sitting there ready
to be put up. We'll be getting with our parents and
volunteers and -- and getting that laid out. We've got the
design ready. It's just a matter of getting the manpower and
getting after it. We're still working on funding sources and
securing some more funding sources to try to finish the --
the outside. I've got the bids in on -- on enclosing the
outside, and as we get into it and complete our funding,
we'll get a little better feel on what we can do on that.
JUDGE TINLEY: Any other questions?
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Thank you, Mr. Walston.
MR. WALSTON: You bet.
JUDGE TINLEY: Item 4; consider, discuss, take
appropriate action to authorize placement on courthouse
grounds from April 26th through May 12th, 2008, of flags of
countries represented in World Cup Shotgun Competition at
Hill Country Shooting Sports Center. I put this on the
agenda at the request of Sudie Burditt of the Convention and
Visitors Bureau. If the Court will recall, last year when we
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had the World Cup, we had a whole array of flags of the
countries out here on the courthouse grounds which
represented the countries from which those shooters came, and
essentially, we'd like to do the same thing this year.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion?
COMMISSIONER BALDWIN: Judge, that created -- it's
very, very impressive to see all those flags. Very
impressive, and it created a lot of conversation around
Kerrville. I thought that -- I think this is really an
excellent, excellent thing to do.
JUDGE TINLEY: Any other question or comment? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 5; consider, discuss, and take appropriate action to
approve a county-wide vehicle policy. Commissioner Baldwin.
COMMISSIONER BALDWIN: Thank you, sir. I -- we had
recently set a policy for Road and Bridge, and I see our -- a
couple of different departments around the county system,
several actually buying new vehicles, and I thought we
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probably need to have a policy county-wide instead of just
geared toward Road and Bridge. And as -- as this got on the
agenda, it was spotted by Ms. Hyde, that called me over the
weekend and informed me that her department is also working
', on the exact same thing. So, I -- I think it would be wise
~ for us to just put this on hold for right now, and let her
come forward with her plan, and we'll take a look at all of
it together.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Thank you. Is that okay
with you, Ms. Hyde? Thank you.
JUDGE TINLEY: Anything else to be offered in
connection with that item?
COMMISSIONER LETZ: A question on this. And maybe
Ms. Hyde's working on it. People that take county vehicles
home, whether it be Road and Bridge, deputies -- I think
Rusty probably has his own policy. I don't know if he does
or doesn't. Can they stop at a grocery store on the way home
if they're -- if they're using a county vehicle? I'm just
using grocery store, I mean, 'cause one of the things listed
is personal use. Or are they not to do that? I mean --
COMMISSIONER BALDWIN: I don't know what they do
today. The -- the policy that's in here is taken straight
out of what we did with Road and Bridge.
COMMISSIONER LETZ: Right.
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COMMISSIONER BALDWIN: And I'm not sure what
Ms. Hyde is -- Ms. Hyde's plan is. I think -- I know where
I
you're going with your thoughts. Personally, I think that we
need to limit it to county business. I don't think it's
appropriate, and I have reasons -- when I first became a
Commissioner, people using county vehicles for -- and, I
mean, all kinds of things. So, my mind is kind of still back
there 20 years ago with the way we used to do things.
COMMISSIONER LETZ: Mm-hmm.
COMMISSIONER BALDWIN: I just -- I just think that
using a county vehicle for personal business is
inappropriate, and so I'm kind of -- I'm geared in that vein.
That's what we've done for Road and Bridge. The Judge
brought that same issue up --
COMMISSIONER LETZ: I guess --
COMMISSIONER BALDWIN: -- before. But --
COMMISSIONER LETZ: I guess my question is -- and I
don't really have a strong opinion one way other the other,
but if we have an employee who is expecting to use a county
vehicle because he needs it in the course of his work, and
say he lives in Mountain Home, and he needs to, at some point
during the week, go to H.E.B., it doesn't make a lot of sense
to me to have him drive all the way to Mountain Home, drive
all the way back to Kerrville, and drive all the way back to
Mountain Home, you know. But I don't know how you stop the
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abuse that you're talking about. I mean, that's where you
get into a --
COMMISSIONER BALDWIN: Well, I don't --
COMMISSIONER LETZ: I don't know where to go.
COMMISSIONER BALDWIN: Yeah. I don't think
anybody's abusing anything, but I don't want them to have
that opportunity --
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: -- to abuse.
COMMISSIONER LETZ: It's just a --
COMMISSIONER BALDWIN: You know, we probably need
to do like I do in your scenario that you just drew, is --
is, you know, load up the old wagon like I do on Saturdays
and come in, get your dadgum groceries on Saturdays.
COMMISSIONER LETZ: Yeah. And that may -- you
know, that makes sense too.
COMMISSIONER BALDWIN: And that's the way Jack
Thorn does it. He only comes to town once a month or so.
COMMISSIONER WILLIAMS: Once every six months.
COMMISSIONER BALDWIN: Six months.
COMMISSIONER LETZ: Anyway, just to -- looks like
the County Attorney has something to say; he's got his hand
half up, half down.
MR. EMERSON: Just as far as your comment goes,
from a liability issue, not only for the County, but for the
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employee, it does make sense not to stop and go to the
grocery store. Because once they do that, they're not on
official business any more, and if something happens, there's
a liability exposure issue.
COMMISSIONER LETZ: So they just need to schedule
their personal life around not using that county vehicle,
then. And I don't have a problem with that. I just want to
make sure, you know, we understand what we're doing. But
that's right; there is a good reason to do it.
SHERIFF HIERHOLZER: My policy is a little bit
different, because once they get into a county vehicle,
whether they're on duty or off duty, 'cause they even have to
bring it in on their off time to get it serviced and things
like that, they're required to dress a certain way, required
to have the radio on, and required to enforce the laws that
they see. So, at those times, yes, on their way home, they
do stop, but they're still subject to call and -- and
required to do anything that they would have to do if they
were on duty.
COMMISSIONER BALDWIN: Sure. I have no problem
with that at all. But I think -- I think when we bring it
back is when we will dig out the details and have the debate.
JUDGE TINLEY: Okay. Anything further on that
item? Let's move to Item 6; consider, discuss, take
appropriate action to establish a juvenile court docketing
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and reporting system with sufficient capacity to comply with
the Family Code and OCA requirements. Mr. Emerson, I believe
you said there are some things being worked on in that, and
we are to pass that item today?
MR. EMERSON: That would be my recommendation, Your
I Honor.
JUDGE TINLEY: Satisfactory with you, Ms. Pieper?
MS. PIEPER: Yes.
JUDGE TINLEY: Very well, we'll pass that item,
unless anybody on the Court has anything to offer. We'll
move to Item 7; consider, discuss, and appoint M'lissa Hayes
as a member of the Kerr County Child Services Board.
Commissioner Baldwin.
COMMISSIONER BALDWIN: Thank you, sir. It's an
honor and a pleasure to be able to put Ms. Hayes' name out as
a possible member of the Kerr County Child Service Board.
So -- and you see in the backup information about her. I
just happen to know her, and she is an excellent, excellent
citizen and a perfect person to be on this board. So, I move
for approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
to Item 10; consider, discuss, take appropriate action to
release Letter of Credit Number 2006-03 from Hebbronville
Ranch Properties, Limited, for Vistas Escondidas Cypress
Springs Estates located in Precinct 4. Ms. Hardin?
MS. HARDIN: Good morning. Mr. Odom's out of town
today, so all those items that have his name on them I will
be presenting. Enclosed in your packet, you will find a memo
from Wayne Wells recommending that Vistas Escondidas Cypress
Springs Estates be approved. All engineering fees have been
paid, all terms have been met, and therefore, we ask that you
release the Letter of Credit Number 2006-03 from the Hi11
Country State Bank.
COMMISSIONER OEHLER: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval 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.
25 ~ (No response.)
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JUDGE TINLEY: That motion does carry. Item 11;
consider, discuss, and take appropriate action for the
commercial preliminary plat of A-OK storage located in
Precinct 2.
COMMISSIONER WILLIAMS: Ms. Hardin?
MS. HARDIN: Commissioner Williams and Mr. Odom,
Mr. Davis, and Mr. Voelkel all met in our office. Mr. Davis
has purchased 6.65 acres of land by metes and bounds. He did
this in November of 2007. There was no plat filed at that
time. He is now developing the property for commercial use
for a storage facility that has already been built.
Mr. Davis wants to file this as a one-lot subdivision in
compliance with the Kerr County Subdivision Rules and
Regulations. There is no drainage study required, and there
are no roads to be built.
COMMISSIONER WILLIAMS: For the benefit of the
Court, this is the storage sheds that are being built on the
north side of 27 as you're going east toward Comfort just
before you get to Center Point. So, he's doing a nice job;
facility looks good. He did purchase it on metes and bounds,
and is willing to meet the plat requirements of a one-lot
subdivision.
COMMISSIONER BALDWIN: What -- why is it he doesn't
have to have a drainage study?
MS. HARDIN: Because it's under a certain number of
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lots, or acreage.
COMMISSIONER BALDWIN: Okay. So, that's the way
the rules read. If you have under four or five or something,
I You --
MS. HARDIN: Five or under. Four?
COMMISSIONER LETZ: I think it's five or under.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: 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. Let's move
to Item 12; consider, discuss, and take appropriate action
for final revision of plat for Tract 3, Theodore and Dorothea
Oehler Estate, as set forth in Volume 4, Page 27, Plat
Records, and located in Precinct 4.
MS. HARDIN: This revision was done under the
alternate plat process, and it divides a 57.68-acre tract of
land into two lots. There was a public hearing that was done
on April the 14th. With the exception of the timeline, this
plat meets all the requirements set forth by our department.
However, there may be some issues with O.S.S.F. that
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Commissioner Oehler or Ray would like to address at this
time.
MR. GARCIA: The issues with this plat are the
illegal installation of the O.S.S.F. systems. I spoke to
Commissioner Oehler. Spoke to Lee -- Lee Voelkel on this
also. Our stance is that these two are illegally installed,
and therefore we did not sign off on the plat. Again, in
speaking to Commissioner Oehler, is we don't want to -- we
don't want to take this out on the homeowner herself -- the
landowner, because she was trying to do the right thing.
Again --
COMMISSIONER LETZ: What's illegal?
COMMISSIONER OEHLER: Well, the --
MR. GARCIA: The two installations.
COMMISSIONER OEHLER: Put in two systems on one
tract, and neither system was -- had a site evaluation or
applied for a permit to construct. It was just done by an
installer, and the rules say -- Tish pointed the rules out to
me -- no matter what, even if you have larger acreage than
10 acres, that the County requires, at a minimum, you still
have to have a site evaluation.
COMMISSIONER WILLIAMS: They're on 3B or 3A?
COMMISSIONER OEHLER: Well, as it is right now,
before the plat, both of them are on one tract. By doing
this, this will put one on each tract, and they're large
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tracts.
COMMISSIONER WILLIAMS: Oh, okay.
COMMISSIONER OEHLER: And they're -- at this time,
I believe I'm correct that there's no evidence of any -- any
health hazard or pollution. The lady has come forward and
tried to do this correctly and plat it, and then during the
process it was discovered that these systems were not put in
according to the rules. And I believe that, you know, you go
after that installer who is a state-licensed person that's
supposed to know how to do this and do it properly, but you
don't penalize the lady who's done, this trying to do the
right thing by filing a plat. And, therefore, it would
create one septic per each lot, instead of having two now on
one.
COMMISSIONER BALDWIN: What rule was actually
broken that they didn't provide a site evaluation? Is
that --
MR. GARCIA: They didn't meet the 10-acre
exemption.
COMMISSIONER
MR. GARCIA:
COMMISSIONER
this -- you're telling
we go ahead and do it,
or anything? Or --
BALDWIN: Okay.
Is what --
BALDWIN: Now, if we were to approve
us -- you're asking us not to, and if
will that change the history of earth
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MR. GARCIA: No.
COMMISSIONER BALDWIN: -- what will that do?
MR. GARCIA: Just have two illegally installed
O.S.S.F. systems.
COMMISSIONER BALDWIN: That function? That are not
going to leak into the atmosphere or not going to harm the
neighbors, or -- well --
COMMISSIONER OEHLER: Well, I don't believe that's
an issue, really. The issue is that the installer did not
follow proper procedure when he installed the systems.
And --
COMMISSIONER BALDWIN: Okay. Can we go after him?
COMMISSIONER OEHLER: That's -- that is --
MR. GARCIA: We have.
COMMISSIONER OEHLER: -- the intent, and they're
going after him, and that will not change by approving this.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: In my opinion. Because you
still have all the legal ramifications and -- I mean the
legal right to go after these people that have done illegal
acts in installing septics. But I believe the lady paid a
lot of money for these two systems. They weren't 55-gallon
drums that were put in with a 10-foot drain field. And there
are some -- some requests that have been made, or demands by
Environmental Health on this installer to do certain things
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to bring them into compliance.
MR. GARCIA: We did make -- we sent a letter out to
the installer and to the homeowner of what was needed.
COMMISSIONER OEHLER: And, you know, this was part
of the deal where I -- I asked Environmental Health to also
send a copy of what they sent the installer also to the owner
of the property so that that person would know what was wrong
with the systems that were installed.
COMMISSIONER BALDWIN: Is this letter addressed to
that installer?
MR. GARCIA: Yes.
COMMISSIONER BALDWIN: Does he live in my precinct?
MR. GARCIA: It's Commissioner -- that was
Commissioner Williams' precinct.
COMMISSIONER BALDWIN: He lives in your precinct.
Let's go after him, then.
COMMISSIONER WILLIAMS: He must live in mine,
'cause I'm copied here on this letter. Yeah. By all means,
yeah.
COMMISSIONER OEHLER: Well, I just hate to make
somebody else -- you know, ignorance of the rules is one
thing, but whenever you think you're doing the right thing
and you have somebody else misrepresent and do work for you
and charge you for it, thinking you are getting what you're
paying for, and then you don't get it, I don't believe that's
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the homeowners's fault.
COMMISSIONER WILLIAMS: All of these items that are
listed in Ms. Hulett's letter are routine items that would be
required had he come in first with the plans?
COMMISSIONER OEHLER: Exactly. It's just a matter
of abiding by the existing rules and procedure.
i
COMMISSIONER BALDWIN: What is --
(Discussion off the record.)
COMMISSIONER BALDWIN: What is -- what is the
status of the two systems today, though? I mean, are they
functional?
COMMISSIONER OEHLER: They are functioning.
COMMISSIONER BALDWIN: Have you looked at them?
MR. GARCIA: We have not. We haven't received any
other complaints, either, --
MS. HULETT: No failure.
MR. GARCIA: -- of any failure. So --
MS. HULETT: We have asked the installer to provide
us a copy of their site evaluation and test holes, because
that actually determines what type of system selection that
you have to go on the property. So, until such time as we
can see that and review the test holes, get a copy of the
planning materials where we can determine whether that
systems's adequate for the site --
COMMISSIONER BALDWIN: So, we don't even know what
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kind of system's under the ground right now?
MS. HULETT: We have no information.
COMMISSIONER WILLIAMS: Has the installer indicated
he will cooperate with you?
MR. GARCIA: We contacted the installer and, as per
the letter there, we talked about what was needed to bring
these systems into compliance, and then we don't have
anything -- we didn't hear anything from him. We do have a
pretrial date set.
COMMISSIONER LETZ: Against him?
MR. GARCIA: Against him. He -- he's going to have
a pretrial.
COMMISSIONER LETZ: And that trial's to revoke his
license?
MR. GARCIA: No. That's --
COMMISSIONER LETZ: Make him --
MR. GARCIA: He contested the citation.
COMMISSIONER WILLIAMS: Oh, okay.
MR. GARCIA: They were both cited for this illegal
installation.
COMMISSIONER BALDWIN: Well, I'm glad you did that.
I'm glad. You need to cite the guy, whoever he is, or
regardless of where he lives. But I think -- I think the
issue before us today is obvious. You know, this has been in
here three or four times.
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COMMISSIONER OEHLER: Yeah.
COMMISSIONER BALDWIN: And, you know, we need to
come to some kind of closure on it. You know, these --
obviously, these people need to get this property divided.
I'm thinking if -- I mean, I want to approve this thing, if
we kind of had an idea that these systems are working. I
mean, I don't want to approve something that we don't know
what's working on or not.
COMMISSIONER LETZ: I've got a little different
take, is that we have two functions in the county,
Environmental Health and Subdivision Rules and Regulations.
They've complied with subdivision rules. We've tied them
together for the sole purpose of being able to find these
situations. To me, the plat should be approved, and we
continue to pursue the Environmental Health side.
COMMISSIONER WILLIAMS: I agree with that.
COMMISSIONER OEHLER: I agree.
COMMISSIONER LETZ: I think that should be the
policy, regardless, on all of them. I don't think that we
should -- the purpose of holding them up, in my mind, on the
platting side is to find these problems. And, you know,
we're not saying that they've done -- we're saying we found
it, and Environmental Health is pursuing it. And it means if
the system isn't -- you know, is a nuisance system, they can
proceed under state law to make the system come into
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compliance, or they can go after the individual. And that's
what the intent is, in my mind, as to why these are tied
together.
COMMISSIONER BALDWIN: Commissioner, once again,
that German mind of yours is almost making sense.
COMMISSIONER LETZ: Almost.
COMMISSIONER BALDWIN: This is good. This is good.
COMMISSIONER OEHLER: I move for final revision of
plat of Tract 3, Theodore and Dorothea Oehler Estate, Volume
4, Page 27, Precinct 4.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as indicated. Any further
question or discussion on the motion?
COMMISSIONER LETZ: There's a question. Do you
have a big heartburn with this, Ray?
MR. GARCIA: No. If that's what the Court wishes.
COMMISSIONER OEHLER: What are you talking about?
This is not --
COMMISSIONER LETZ: This would be more of a
precedent issue.
JUDGE TINLEY: Your ability to pursue your
Environmental Health concerns is not prejudiced by --
MR. GARCIA: Yes, sir.
JUDGE TINLEY: -- the Court's action in approving
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this plat, I don't think. How do you see it, Rex?
MR. EMERSON: There's no prejudice.
JUDGE TINLEY: Okay. Any further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. At this
time, I will recess the Commissioners Court meeting, and I
will convene a public hearing scheduled for 10 a.m.
(The regular Commissioners Court meeting was closed
at 10 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: It is that time now. That public
hearing concerning abandonment, vacating, and discontinuance
of Fossler Road located in Precinct 4. Is there any member
of the public that wishes to be heard with respect to the
abandonment, vacation, and discontinuance of Fossler Road, as
located in Precinct 4? Seeing no one coming forward, I will
close the public hearing.
(The public hearing was concluded at 10:01 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And call Item 9; consider, discuss,
and take appropriate action to abandon, vacate, and
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discontinue Fossler Road located in Precinct 4.
MS. HARDIN: While Headwaters Ranch was being
platted, the deed records showed there was a county road that
went through their property to Mrs. Walton's property. The
road is not maintained by the County, nor to our knowledge
has it been used for over 20 years. Mrs. Walton accesses her
property through Houston-Schumacher Road, and 911 has named
her private driveway Fossler Road. Ranchland Enterprises and
Mrs. Walton own all the land abutting the road, and wish to
-- to abandon, vacate, and discontinue the old road as it's
shown on your map. Ranchland has platted their portion of
the road as Midwaters Drive, and Mrs. Walton's portion of the
private driveway will be known as Fossler Road.
COMMISSIONER OEHLER: I move for the abandonment.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for the
abandonment and approval of the agenda item. Question or
discussion on that motion?
COMMISSIONER BALDWIN: Mrs. Walton is a Fossler.
COMMISSIONER OEHLER: Correct.
COMMISSIONER BALDWIN: So she knows the history and
has the authority, and she's owner and all of that. So, if
she agrees, I agree.
JUDGE TINLEY: Other question or discussion on the
motion? All in favor of the motion, signify by raising your
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right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
to Item 13; consider, discuss, and take appropriate action to
advertise for bids on a new or used forestry truck with chip
box.
MS. HARDIN: This truck was approved on our list of
things that we could purchase this year. However, we've not
been able to find it on any government purchasing program, so
we're asking to go out for bid for either a new or a used
one. And we have put in the packet a couple of photographs
of some that we found on TreeTrader.com. to just give you an
example of some prices and what types of trucks are
available.
COMMISSIONER LETZ: How much did we budget for
this?
MS. HARDIN:
COMMISSIONER
COMMISSIONER
of these that has a --
MS. HARDIN:
COMMISSIONER
COMMISSIONER
90,000.
LETZ: 90,000?
OEHLER: Are you intending to get one
has a bucket on it?
We would like to, yes.
OEHLER: Okay.
WILLIAMS: So all you're asking today
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is to go out for bid?
MS. HARDIN: Yes, sir.
COMMISSIONER BALDWIN: Second.
COMMISSIONER WILLIAMS: That was a motion.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, to go out for bids as indicated.
Any question or discussion on the motion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Item 14;
consider, discuss, and take appropriate action on request to
reconsider paying cell phone bill for Justice of the Peace 4.
Judge Ragsdale?
JUDGE RAGSDALE: Yes, sir. I was made aware at the
-- from the last meeting that a vote had been made or
whatever not to pay the cell phone bill for the number that I
mentioned, and I think that decision was made on mistaken
information. I had not been made aware that the County had
gone into a whole 'pother set of contracts for telephones. I
had just renewed the contract that I'd had for the last 13
years -- 12 or I3 years, in November. And I do not recall
receiving any communication that that contract would be set
aside in favor of any other contract. And, as far as I know,
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and I've tried to research the best that I can, I think
April 14th was when I became aware that that's what the
Commissioners Court wanted. I had no objection at all. It
took me all of an hour to get a county cell phone and to stop
that number that I'd been using for 13 years, and it was done
on April 14th. So, I would just like to ask you to
reconsider paying the bill for the two months that are --
that are going to be in question, the one month that you had
and -- and then the one that's due on the 1st of this month.
COMMISSIONER BALDWIN: Judge, do you ever, like, on
Saturdays, load up in your wagon and come to town? There's
all kinds of stuff going on down here. You need to come see
us more often. I'm in agreement with you, that I think that
we should pay the bill, because I can't argue with you
whether you knew that we had changed programs or not. So --
JUDGE RAGSDALE: I appreciate that.
JUDGE TINLEY: Did -- you do have e-mail out there,
don't you?
JUDGE RAGSDALE: Yes, sir.
JUDGE TINLEY: Okay. Well -- and, you know, I
think -- I think it might be well to use this for an
opportunity to maybe enhance communication abilities. I was
a little -- I was a little confused. When you sent in the
agenda item, you indicated that almost three years ago you
~ notified each department that you would not be responsible
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for receiving memos or mail at the box located in the County
Clerk's office or by e-mail unless arrangements were made
prior to delivery.
JUDGE RAGSDALE: I don't know why you're confused.
JUDGE TINLEY: Well, I understood from that -- it
seems to clearly indicate to me that if someone wants to send
you an e-mail, that they need to call you or some other
means, communicate with you, and say, "Incoming, I'm sending
you an e-mail."
JUDGE RAGSDALE: Then I conveyed that message.
Well, that's what I intended.
JUDGE TINLEY: Okay.
JUDGE RAGSDALE: And the reason being, sir, is I
think leading up to that -- when I made that decision, was
that there were things being sent out, and for one reason or
another, I didn't check the e-mail that day, and so
whatever -- and I can't remember exactly what it was. I
think it had to do with somebody sending a motion to be
considered through my e-mail, and I didn't check it on
Friday. It needed to be filed Friday, and I didn't check.
If I were going to accept the e-mail filing, it needed to
have a -- a Friday mark on it, and it didn't, 'cause I didn't
check my e-mail. And I just didn't want to be held
responsible for that kind of a problem, and so I just
notified everybody that's not the way to get information --
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if it's that important, they need to call me on the telephone
and make sure that I'm aware they're sending me something.
Now, I did check back through my archives of e-mail traffic,
and I did not see one sent to me. And, again, that's why --
we did get a message on February 11th from John Trolinger
saying that anybody that needed a new phone needed to talk to
him. And I didn't need a new phone; I'd gotten one in
November. And --
JUDGE TINLEY: Is there any particular reason you
shouldn't have to be responsive to e-mails, and everybody
else in the county should be?
JUDGE RAGSDALE: I don't -- I don't know that
everybody is. I think that's --
JUDGE TINLEY: Wouldn't you agree that most of the
communication that takes place between county departments,
and for that matter, between county departments and state
reporting and things of that nature, are done via e-mail?
JUDGE RAGSDALE: I would not agree with that.
JUDGE TINLEY: You wouldn't agree with that?
JUDGE RAGSDALE: No.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Judge, I -- I see us talking
about two different issues here. One, if I know where you're
going, I agree with you on, and the other one I agree with
Commissioner Baldwin on. I mean, you know, the -- you know,
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let's get this thing behind us, in my mind. And I don't -- I
don't have a problem paying the phone bill. It was in his
budget; he's corrected the problem, and move on. But on the
second issue, I would like to see it back on the agenda,
because I don't think you have the option to not read e-mails
if that's how this County chooses to inform people, and you
need to look at your e-mail, or be -- or be subject to -- I
mean, I don't care if you -- on proceedings and things of
that nature, that's not an issue, but if we're going to
correspond on insurance matters, H.R. matters, other matters,
that's how we're going to correspond, and that's going to be
this Court's decision. And if we choose to do it that way,
then you're going to be subject --
JUDGE RAGSDALE: If you choose to do it that way,
tell me you're going to do it that way, and I will do what
you ask me to do. Same thing that I would have done with the
telephone if I had -- and what I did when I was notified, it
took me an hour to comply with what you wanted.
COMMISSIONER LETZ: And that's why I'm agreeing
with paying the bill.
JUDGE RAGSDALE: But I've never been told you're
going	to do	this.	And	if	-- but	if	that's	what you want,
then	that's	what	I'll	do.	I don	't	have a	problem with --
with accountability. I don't have a problem with
communication, other than by experience, I've found that that
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may not be as effective as you think it is. However, if
that's the way you want to do it, then that's your business.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: I'll move for approval to pay
i the bill.
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. We'll move
to Item 15.
JUDGE RAGSDALE: Thank you, gentlemen.
JUDGE TINLEY: Consider/discuss the Kerr County
recycling program.
COMMISSIONER LETZ: I put this on the agenda after
visiting with Tim about it for -- seems like a long time. It
came about because of a couple of calls I had inquiring of
the public what the County's recycling policy is. And, as it
turns out, we basically recycle everything, and I thought it
would be a good opportunity to let the public know that we --
we recycle, you know, all electronics, computer-type stuff.
And probably in the area of paper, probably in the
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neighborhood	-- seems like 75,	80	percent, somewhere	in that
area; huge --	large quantity.	It	may be more that we	could
recycle.
(Commissioner Baldwin left the courtroom.)
COMMISSIONER LETZ: And the way we recycle more is,
anything that -- Tim, correct me if I'm wrong on this, but
anything that we shred gets bundled up and goes to the
recycling center. If it's thrown in the garbage can, it's
not shredded, it does not. How you shred things, you take it
down to the Maintenance office where there's two big
commercial shredders. You shred it. Maintenance isn't going
to shred it; it's your responsibility to shred the stuff. It
gets bagged, and Maintenance will haul it off. You know, and
that's how the process works, and it's working pretty well.
But those that aren't using it, that's how you can improve,
you know, our costs on trash and everything else, and how we
proceed. And I just thought it would be a good opportunity
to bring it up and let -- it's county-wide, and all
departments can use that. And I think it makes sense that it
needs to be shredded, because, obviously, we deal with lots
of information that --
COMMISSIONER WILLIAMS: Commissioner, you're
talking about that trash that we generate in the courthouse
or our other buildings, correct? You're not talking about
trash we pick up in the parks or other places.
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COMMISSIONER LETZ: I'm basically speaking of
things like this, stuff like that. It's the volumes and
volumes of -- of paper that we put into reports and budgets
and all that kind of stuff, and I think every department
generates a lot. It's not the paper cups and, you know, that
kind of stuff we're talking about. Clean paper that can be
recycled. Also, I think as a separate thing, boxes tend to
find their way down there. All that stuff gets taken over to
the recycle center as well. So, I just put it on the agenda
just kind of as an informative --
COMMISSIONER OEHLER: I appreciate you telling me,
'cause I didn't know that's what we were supposed to do.
I'll start doing it.
COMMISSIONER LETZ: And Tim and I talked, and we --
you know, he doesn't have the staff to go around and put up
separate kind of waste bags, sit around and do all the
shredding. That's not the intent. Just -- but it is a
savings to the County -- to the taxpayers for everything that
they do shred down there, and Tim does haul it off as part of
his normal responsibilities. That's it.
JUDGE TINLEY: Anything further, Tim?
MR. BOLLIER: No, sir.
COMMISSIONER LETZ: Did I cover all that
accurately?
MR. BOLLIER: Yes, sir. We might add in there that
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a lot of the departments do have their own shredders. You
know, they got those small type that they do shred their own
paper in their offices, and they'll bag it and bring it to
us, and we haul it off.
JUDGE TINLEY: Okay.
MR. BOLLIER: That's all I have.
JUDGE TINLEY: Let's go to Item 16; consider,
discuss, and take appropriate action to declare the old
Environmental Health vehicles surplus.
COMMISSIONER LETZ: Pretty much self-explanatory.
I'll move approval.
COMMISSIONER OEHLER: I'll second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item to declare the vehicles surplus.
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.)
COMMISSIONER LETZ: Judge?
JUDGE TINLEY: Motion does carry.
COMMISSIONER LETZ: To clarify it, what exactly
we're talking about, on the backup is the VIN number and the
actual description of the two vehicles, so there's not a
confusion that we're surplusing something other than those
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two vehicles.
JUDGE TINLEY: The two Jeep vehicles.
COMMISSIONER OEHLER: Probably ought to take those
out to Road and Bridge and put them in a place that's not in
the way, but that will be a secure area, until we get them
sold.
SHERIFF HIERHOLZER: Does the County intend on
taking, like, bids or anything like that to get rid of those?
COMMISSIONER OEHLER: Yeah, we're going to have --
I think we're going to have another vehicle at the next
~ meeting.
SHERIFF HIERHOLZER: Because I actually have three
or four.
COMMISSIONER OEHLER: Maybe we ought to put them
all in a group and take bids on all of them. I think
there'll be one more that needs to be declared surplus at the
next meeting, but we don't have it on the agenda today.
SHERIFF HIERHOLZER: Mine have already been
declared surplus.
COMMISSIONER WILLIAMS: Do them all together at the
same time.
(Discussion off the record.)
JUDGE TINLEY: Let's go to Item 17; consider,
discuss, and take appropriate action on L.C.R.A.'s request to
clear the right-of-way on property located by Juvenile
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(commissioner Baldwin returned to court.)
JUDGE TINLEY: I put this on the agenda. I'm not
sure if Court action is required, but in talking with those
folks, there's -- the little piece that we own, which is
directly across the road to the northeast from the Juvenile
Detention Facility, where L.C.R.A. already has the
right-of-way, has an existing line, they have the right to
maintain that line. And they contacted me because they have
continually been doing some trimming there to keep those
trees out of their line to keep outages from occurring. But
what they want to do now is take selectively a few trees out;
hackberry, chinaberry, cedar berry. He said he didn't think
there was any oaks in the way, but they're within the
easement and the right-of-way, and to avoid continually
trimming and running the risk of power outages, those
particular trees that they want to selectively take out, I
told him I was going to put it on the Court's agenda so that
the Court could take the appropriate action.
COMMISSIONER LETZ: I move approval to allow
L.C.R.A. to clear the right-of-way in question.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
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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
to 18; consider, discuss, and take appropriate action to
remind surveyors of ramifications if platting requirements
are not properly adhered to.
COMMISSIONER OEHLER: You're looking at --
COMMISSIONER WILLIAMS: Two surveyors back there.
JUDGE TINLEY: Two scoundrels.
COMMISSIONER LETZ: Only two of them came.
COMMISSIONER OEHLER: I put this on the agenda
because of the -- one of the problems that just came up a few
items before on platting. There is a tract evidently just to
the south of the one with the septic issue that was not
platted, and it was evidently surveyed and sold by metes and
bounds. And I think it would be a good idea to remind -- and
have the County Attorney maybe to write a letter to all of
the -- the surveyors in the area and remind them that they
need to instruct people to plat their property whenever they
divide property, and not try to get away with selling it by
metes and bounds when they're not supposed to according to
state and county rules.
COMMISSIONER LETZ: The question I have --
JUDGE TINLEY: Same question I got. Go ahead.
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COMMISSIONER LETZ: -- is if -- if the surveyor
informs the person, and the person says, "I don't care; I
want to do it," what are they to do? I mean, I don't know
that they're -- that the surveyors are enforcers of county
rules -- county law. I guess they could write a memo or turn
think that that's one of the responsibilities they have, is
to inform people of the law, and then if they choose to break
it, then they -- you know, they can be held accountable. But
at least they should be the first step of getting those rules
and the responsibilities relayed to their clients.
COMMISSIONER LETZ: Is -- is it appropriate to ask
a question of one of our surveyors, or the County Surveyor?
JUDGE TINLEY: Well, of our County Surveyor, of
course. He's our hero.
COMMISSIONER WILLIAMS: He's supposed to know all
JUDGE TINLEY: My question is a little more basic
than that. Do they even have the duty, if they're called out
and asked by a landowner or someone that represents
themselves to be a landowner, that, "I want you to survey and
write me a metes and bounds description, and prepare a plat
for roughly this area," and maybe there are some marks that
they want him to adhere to, or maybe they want it from this
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COMMISSIONER OEHLER: I understand what you're
platting?
COMMISSIONER OEHLER: I don't know if it's a duty
or legal obligation, but I think it would be the -- it would
be the correct thing for them to do.
JUDGE TINLEY: Now, I can understand if the
landowner tells the surveyor, "What I'm eventually going to
do here is I want to carve this bigger tract that I own up
into three or four" -- or 24, doesn't make any difference; a
number of tracts, and sell them off. I -- I think it's a
matter of information. The surveyor probably has an
obligation to say, "Do you know the County's got some
subdivision regulations that -- that you probably need to
look into," and that we get involved in, and if you're
actually going to subdivide your property and sell it off
like that. But in the first instance, they don't -- they're
not certain why they want this description or this plat. May
be for another family member. It may be for some other
purpose that they're thinking about on down the road. I just
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don't know what obligation we can lay in their lap and expect
them legally to discharge under the law.
COMMISSIONER OEHLER: You're correct. I'm not sure
they have a legal obligation either, but if they do, I think
they should be sure and inform the public about it.
COMMISSIONER BALDWIN: Well --
COMMISSIONER OEHLER: Before they make a mistake
and do something wrong.
COMMISSIONER BALDWIN: I agree with Bruce. I agree
with Bruce that, you know, there's a -- to me, there's a
higher calling than the law, and that's doing the right
thing. Right and wrong. And the right thing would be to
inform people of the best route to go, regardless how much
authority they have and what the law says, in my opinion.
Let me ask a question. Is there any way that -- like, if we
go out and do things by metes and bounds, is anything -- any
part of that recorded in the county records?
COMMISSIONER LETZ: The deed would be.
COMMISSIONER WILLIAMS: The deed.
COMMISSIONER BALDWIN: The deed. But not
necessarily a drawing, a plat?
COMMISSIONER WILLIAMS: There are a lot of them
that are recorded that don't have drawings with them.
JUDGE TINLEY: I've seen occasions where there was
a subsequent conveyance of the property by metes and bounds,
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or they may attach as an exhibit a plat, or I've seen some
do-it-yourself operations where they attach a plat, or even
less sophisticated, a drawing, which is somewhat loose, on a
lot of occasions. Obviously, not professionally done. But
what -- what obligation, if you know at this point, Rex, do
the surveyors have to -- in connection with insisting upon
enforcement?
MR. EMERSON: I don't know about insisting upon
enforcement, but hypothetically speaking, considering there
is a criminal offense attached to knowingly and intentionally
violating the plat requirements, theoretically, if a seller
went to a surveyor and said, "I intend to divide the land and
sell it, and I am not going to follow the plat requirements
and I don't care," it's somewhat setting the surveyor up to
be a co-conspirator for violating the criminal statutes if
they proceed along that path. Now, I think they could
probably alleviate themselves of that duty by providing some
kind of written statement that says that I -- these are the
county statutes, and I recommend you follow this, and all I'm
doing is the surveying for you.
COMMISSIONER LETZ: That was --
MR. EMERSON: I don't have the slightest clue
what's in their professional obligations and license
requirements.
COMMISSIONER LETZ: That's what I was going to ask
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Lee. From a licensing standpoint, are y'all required, either
MR. LEE VOELKEL: My understanding from the Board
of Surveyors is that it's not the obligation or requirement
of the surveyors to file the plats, but it is our obligation,
as Buster Baldwin said, in order to do the right thing, is to
advise people that there are laws that may -- may govern what
they're doing, and they should file a plat if it's -- if it
falls into the platting category. I don't know of any
surveyors that have been held responsible after the fact for
not filing a plat. Basically, it's the property owners's
responsibility, was my understanding. I'll make another
comment too, that just be sure there are a lot of other
people involved in the process that maybe ought to be aware
of it also. For instance, real estate people, attorney --
real estate attorneys, title companies. They are carrying
through with these transactions by metes and bounds without
-- I guess they're in the same situation as the surveyors's
in. You can tell the people that, and yet if they choose not
to do that, who becomes responsible down -- down at the end
of the road? But, again, there are a lot of other agencies,
businesses that are involved in these things besides the
surveyors.
COMMISSIONER LETZ: And what is actually -- what
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Environmental Health. That's where we -- 'cause they can do
it, but they can't build on it -- or they can't get a septic
system, anyway, on it without coming in. And that's -- you
know --
MR. DON VOELKEL: If you have an installer that
goes by the rules.
COMMISSIONER LETZ: That's true.
MR. DON VOELKEL: Didn't mean to speak out of turn,
but --
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Maybe we need to look at what their
professional licensing obligations are also? Is that your --
what you're suggesting?
MR. DON VOELKEL: Well, and Lee and I have been
talking about this, and also we've been talking with Bruce
and Buster, and Rex and I have been talking about a similar
situation where the title company called me. They had a lot
that was -- the guy was trying to sell a platted lot, half an
acre to one person and .22 acres to another person. We met
about that, and that was going to be a violation, but the
title company made the call to me, and I guess to you too,
Rex? And we pretty much told them, "You can't do it that
way; it's illegal." And I don't know whether or not they're
going to do it, but at least they were making that phone
call. And so I think if the title company -- like Lee's
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saying, the title -- if you send out a letter just saying,
"Hey, here's what it is," you need to be informed of what --
MR. LEE VOELKEL: And I don't have to make a call
or the County Attorney said you need to file a plat." Or at
least bring it before the Court and let y'all make that
decision. The Commissioners Court has the authority to tell
plat.
JUDGE TINLEY: I can see situations in which you're
called upon to do some work; somebody's just called you out
there and said, "I want you to survey off right here," and
they don't tell you why, what their intentions are, and you
have no idea what they're going to use it for. So, you
prepare them a plat and metes and bounds. But if it
subsequently hits the title company where they're trying to
convey, and it's described as a certain such-a-sized tract
being out of that certain other larger tract, it would seem
to me that there's -- there's more heads-up notice on the
title company than there is on you guys.
MR. DON VOELKEL: If they're guaranteeing title and
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write the title policy, then they should be. They should be.
That's why they called me this last weekend. I'm sure that's
why they called Rex about that. And -- and I think there's a
lot of scenarios -- like, I've been called by a guy who has
foreclosed, it would become its own tract. And we've tried
to tell them to go with 10 acres, because at least you can,
you know, put -- you're not having to get permits for your
systems and all, because you're not selling anything. But in
the event of a foreclosure, then it becomes a tract and it's
severed. And I don't know legally where that -- you know,
and that's something maybe Rex can help us on, what we should
do with those. I don't see the sense in platting it when
somebody's just building a house on 100 acres and they're
putting 5 or 10 acres, you know, in the middle of it. But
the reason that this came up with the one we just approved,
Margaret Krause's, she said -- came to me and said, "I want
to sell it off. What do I do?" I told her we have to file a
plat, and that's -- she didn't say, "Oh, no, I ain't going to
do it." She said, "Let's -- let's do it. You're my
professional; do it for me." And that's how that ball got
rolling. And I think it's good that y'all -- that at least
resolves that issue about two systems on one tract. Just to
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the south -- Bruce and I were talking. We've looked, 'cause
we have to get all the adjoinings when we do a survey, and we
found some to the south -- I think two lots to her south have
been cut up and conveyed, and I'm sure there's septic systems
that we may not know about, because no one's ever done the
process we just did with Margaret Krause. So, I think -- I
mean, I don't know the answer, but I think there is a
situation if we have people that are knowingly or unknowingly
violating the subdivision rules. But the surveyors know, and
the title companies should know, and y'all should know, and
so should Environmental Health.
COMMISSIONER LETZ: Like I say, we're better than
we used to be.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER OEHLER: Just a reminder is all this
really was about.
JUDGE TINLEY: Okay. Anything else on that
particular item? Why don't we take about a 15-minute recess?
COMMISSIONER WILLIAMS: Good idea.
(Recess taken from 10:31 a.m. to 10:50 a.m.)
~ JUDGE TINLEY: Okay, let's come back to order, if
we might. Next item on the agenda is Item 19; consider,
discuss, and take appropriate action concerning updates on
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joint City and County functions.
COMMISSIONER LETZ: I put this on the agenda. I
really don't know that we have a lot to talk about on it.
(Commissioner Williams left the courtroom.)
COMMISSIONER LETZ: This is kind of -- more of just
a place-keeper. Commissioner Williams and I are meeting with
the two Councilmen representatives Friday morning about the
airport. And there's really not a whole lot of change, I
think, since our last meeting, but that's kind of why -- I
just put on it here in case something had happened, or what's
coming up. And I think we can --
(Commissioner Williams returned to court.)
COMMISSIONER LETZ: Unless Commissioner Williams
has something else to say?
COMMISSIONER WILLIAMS: That's it? I missed it?
JUDGE TINLEY: He said he didn't have much to
report, but he put the agenda item there in case there was
something to report. You never know.
COMMISSIONER WILLIAMS: We'll probably have more to
report after -- after Friday's meeting.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Except I do have one thing.
One of the things that was part of our mix that got assigned
out are these connect warning systems, okay? And through the
911 -- good folks at 911, we've had a couple good
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would be essentially the City or the County -- City and/or
the County. So, I think it's interesting to note that this
thing -- this whole process of connecting and communicating
with your constituents is really advanced from just warning
in reverse of a problem. It's -- now you can do all sorts of
things, unlimited uses, because these databases are
structured so that you can do missing seniors, storm
warnings, flood alerts, hazardous materials, water and fire
advisories, blackout prevention, health warnings, volunteer
call-ups, water main breaks, media updates, road closures,
earthquake, just a whole list of things. And, for example,
we can also, in addition to law enforcement using it, which
they would -- would do, we can structure its use, as can the
City as well, for unlimited use by the various departments
within city or county government. If there was some reason
to notify people that the courthouse was going to be closed
or the County Clerk was closing her office for some reason,
they can do that. Just a whole raft of things you can do.
Bottom line, we'll probably be prepared to make
recommendations for some sort of an inclusion for a system of
this nature, and the numbers are going to come in roughly
around $25,000.
JUDGE TINLEY: Essentially, what you're talking
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about is a cost-sharing basis between City and County?
COMMISSIONER WILLIAMS: We can do it that way,
Judge, or we can maybe look at a proportionate share. We're
taking a look at two different proposals. We'll see what --
what, if any, the differences are and make a recommendation,
but it's coming in in that range.
COMMISSIONER OEHLER: I was in -- in attendance at
one of the meetings that you're talking about --
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER OEHLER: -- with 911. It's pretty
impressive what they can do.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER OEHLER: And they can notify so
quickly and -- and make multiple calls. I forget, how many
calls is it a second or a minute?
COMMISSIONER WILLIAMS: Oh, just --
COMMISSIONER OEHLER: It's unbelievable. They can
notify probably everybody in this entire county of 40-plus
thousand population in a matter of -- I think it's somewhere,
three to five minutes.
COMMISSIONER WILLIAMS: Yeah. It's incredible what
you can do, and the costs are going to boil down to between
two or two and a quarter per citizen.
COMMISSIONER OEHLER: Talking about $2 a person, I
believe.
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COMMISSIONER WILLIAMS: Just about two, two and a
quarter.
COMMISSIONER OEHLER: Two, two and a quarter a
person, resident in the county.
JUDGE TINLEY: Is that a one-time cost, and then --
COMMISSIONER OEHLER: It's an annual cost.
COMMISSIONER WILLIAMS: Annual cost, Judge, but
there's no software, no hardware. There's no particular
hosting fee. That's just a -- if you sign up with these
people, that's the fee you're going to pay, and you have this
unlimited use.
COMMISSIONER OEHLER: It's really quite simple.
They took our numbers -- our cell phone numbers when we sat
down, and the guy was in California giving a presentation
over the -- over the phone, and -- over the in -- well, over
the Internet with a screen showing all the stuff they could
do. And we got our stuff to him, and he -- you know, he
notified all of us at the same time, within a second or two
of each other.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER OEHLER: While we were sitting at the
table, from California, on our cell phones.
COMMISSIONER WILLIAMS: That's where it's at.
COMMISSIONER OEHLER: Pretty impressive. And the
price is getting down to where I believe we can be able to
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have some justification in case of emergencies or other
things.
COMMISSIONER WILLIAMS: But it's now becoming
affordable and it's becoming more broadly based. We can send
out notifications on the home phone, work phone, cell phone,
text messaging, e-mail, voice mail, PDA, pagers. That's what
can go out on the warning system.
COMMISSIONER OEHLER: You can also pinpoint areas
just by taking the arrow of your computer and hitting a spot
here, here, here, and wherever, and zero in just in that area
where nobody else will get the calls.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER OEHLER: Pretty impressive.
COMMISSIONER WILLIAMS: That's all I have, Judge.
JUDGE TINLEY: Anything else? Let's move on to
Item 20; consider, discuss, and take appropriate action on
broker/dealer list for Kerr County in accordance with the
Public Funds Investment Act. Broker/dealer list must be
approved by the Commissioners Court before Kerr County can
transact business with these dealers. List can be added to
or broker can be deleted at any time by the Commissioners
Court. Ms. Hargis, you've got a --
MS. HARGIS: As you recall, back in -- in October,
we signed -- you did the Public Fund Investment Act, and we
did -- inadvertently did not include this list. I tried to
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go in the phone book and include every bank here in town. If
there is anybody else that you would like to add, you know,
please just put it down. As long as they agree to the -- you
know, the Public Fund Investment. Act, we can invest with
them. But in order to branch out from TexPool, you know, and
from Security State Bank, which we have already put some
investments in, we need this list, and we need it approved by
you. And I'd like to make the list all-encompassing and put
everybody that you think I might want to use. That way I
don't have to come back every time. You are supposed to
review these on an annual basis, so I will be bringing it
back again in October. But if there's anybody else,
please -- you know, I'm fairly new to the area, but I tried
to go through the phone book and put people I knew that were
normally approved on this list.
JUDGE TINLEY: Make one correction. Actually, it's
an addition to your list. The first one, A.G. Edwards, you
need to show a slash, Wachovia Securities.
MS. HARGIS: Okay.
JUDGE TINLEY: I think at least for a period of
time, they're going to keep the dual -- the dual
identification, but probably eventually they'll go to
Wachovia. But they have been absorbed by Wachovia, so --
MS. HARGIS: Okay. Is there -- anybody else have
~ anybody?
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COMMISSIONER WILLIAMS: All of these that are on
the list, do they have offices or facilities in Kerr County?
MS. HARGIS: Yes, except --
COMMISSIONER WILLIAMS: Who's Vining Sparks, and
who's Mizuho Securities?
MS. HARGIS: Linda Patterson added -- those are
investor ones that she likes to use, that sometimes when you
buy paper, you have to have someone you buy through, and
those are the ones she bought through. That's the reason
why -- she only actually put three or four on there. I left
hers on there. If you want to take them off, that's fine
with me.
COMMISSIONER WILLIAMS: No, I'm just asking for
clarification.
MS. HARGIS: To answer you, I don't know. But
that's --
JUDGE TINLEY: Barclays would be another one that
she probably added.
MS. HARGIS: Mm-hmm, yeah.
COMMISSIONER WILLIAMS: Mm-hmm.
MS. HARGIS: Yeah. We used to have a list of
probably about two pages, but that -- we tried to cover every
bank and every institute that was within, you know, a 60-mile
radius. But if there's anybody else that you guys want to
add in, feel free.
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COMMISSIONER BALDWIN: I don't recall ever doing
this before. Is this --
MS. HARGIS: You haven't done that before, because
you didn't have the Public Fund Investment Act in place.
COMMISSIONER BALDWIN: Okay.
MS. HARGIS: And now you do, which enables you to
invest in other areas. One of the things is, because we do
have a lot of money, you don't want to put your portfolio --
as they teach you in the public fund training, you don't want
to put your portfolio all in one basket, just like we don't
do that personally. We do have quite a bit of money already
invested in Security State Bank, as well as TexPool. There's
another pool that I put on there called Tex Star. It's -- it
was a branch off of TexPool; it was the original -- my mind
just went blank. Part of it's Chase Bank, and then First
Security, I think it is, that went together and formed Tex
Star. I'm more comfortable with TexPool because of the -- of
the State of Texas being involved in that one.
COMMISSIONER LETZ: I'll make approval -- make a
motion that we approve the broker/dealer list as submitted
and amended.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval as indicated. Further question or discussion?
COMMISSIONER BALDWIN: Yeah. Paula, are you -- are
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you acting as the County Treasurer here?
MS. HARGIS: No, I'm not acting as the County
Treasurer. I'm -- I'm submitting this list to be added to
the Public Fund Investment Act, which I did submit to you
with Mindy's approval, as you recall, back in October.
COMMISSIONER BALDWIN: Okay.
MS. HARGIS: This should have been included in
that. Mindy and I have been working on the investments
together. While she's been out, I have been doing those.
COMMISSIONER BALDWIN: I understand. You don't
have to go through all of that. I'm just -- my point is that
the investment issue is the Treasurer's --
MS. HARGIS: Yes, sir, I understand.
COMMISSIONER BALDWIN: -- job, and so -- but -- and
that's where this comes in, is it -- if Mindy were on board
and up and running, she would be in here doing this.
MS. HARGIS: Yes, sir.
COMMISSIONER BALDWIN: Thank you very much.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll go to
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Item 21; consider, discuss, and take appropriate action to
the State. Also sets levels for instituting the
decentralized purchasing procedures for the online Incode
purchasing system. In addition to approval of purchasing
policy, requests are made of Commissioners Court to raise the
capital outlay unit cost from $1,000 to $5,000. That level
is used to set the items that require depreciation and
provide for better level of reportable accountability.
Ms. Hargis.
MS. HARGIS: Okay. Each of you have a draft. This
was actually the second draft. I tried to highlight in
yellow a lot of the things that were new and different.
to be in place, because we don't currently have one. When we
put the Incode system into place, one of the things in there
is levels of authority, which, you know, each department head
will be able to decide what they want to do with that,
because that depends on how closely they want to scrutinize
their own departments. The depreciation is for -- we've been
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depreciating everything that's $1,000, and unfortunately, in
today's world, that's not very much. We could end up with a
piece of equipment that really costs $1,000 that's not going
to last but a year. We have to add to it our fixed assets,
which is also raising our insurance.
So, $5,000 is pretty much the norm in -- in the
county world now, because it's also used for theft and for
different -- for different areas. But there's some sections
in here called blanket -- there's definitions, and there's
one area for blanket purchasing, which we may or may not have
done in the past. Blanket purchasing would be where you send
out an advertisement for bid, say, for Gibson's or Lowe's or
Home Depot, for nuts and bolts and all that kind of stuff,
and you put all that on a list. It's called blanket
purchasing. You send it out, and then you have their costs,
and then you choose which one of those vendors would be
better for you to buy the smaller items at, okay. It's not
used a lot in small entities; it's used mostly for larger
entities.
The other thing that I have in here that's a little
different is the purchase cards. We don't currently have
one. There are thus and sundry ones of them out there.
Wells Fargo calls theirs a P-card, and I think Chase calls
theirs -- it's the Texas Star card. And, basically, they're
just like credit cards, very similar to what we have on our
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health insurance, but they're designated to certain vendors.
They're designated to a certain amount, and the person would
have -- you know, if they tried to purchase something that
was not on that card, that wasn't on the list or wasn't a
vendor, it would deny the charge. I'm not recommending it.
I just put it in so that you could review it to see if you
want to even do that. The other -- that was part of the
section that was there. We currently use requisitions, so
that's -- when we go into the new system, it will
automatically do a requisition, and then it will print a
purchase order. It would be nice on some of the things to
have those requisitions. And I have given you a sample of
one that we could use in the meantime. It's going to take us
a while to put Incode on, because it's a -- it's a learning
curve. And we also have a lot of areas that still -- like
Road and Bridge, which is one of our bigger buyers; they're
still not on, you know, our Internet web site -- I mean on
the Internet yet with us. So, until they get the broadband,
which will be fairly soon, you know, but they may not be able
to get on.
It -- you know, this is -- I just think this is a
good tool. It's not a complicated system. It just kind of
tells everybody how we need to do bidding, recommending
certain levels that you call, you solicit, you get e-mails,
you get faxes, so it kind of covers them and covers us. You
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know, we all kind of went through that situation, and we
didn't all quite understand what the different types of
vehicles are that are out there. There are different
governmental sites. We're not members of all of them. In
fact, we're not members of any of them. We can go through
them. One of them is called Buy Board, and Tim and I are in
the process right now and have signed up for that one. Trie
other one is H.G.A.C., which is where we use the vehicles --
we generally buy the vehicles out of there. You can also buy
them out of Buy Board. It's very good for, I think,
everybody to -- they're online; they can go online to see if
the products are there, who they can buy them from, how much
they would be so that they can get a better idea of someplace
else to purchase. But we've never used those universally. I
think the Sheriff's Department's used them quite a bit for
the vehicles, but I'm not sure that we've used it for other
products. And so there -- I think there's -- there's another
one. Buy Board is basically the school district. H.G.A.C.
is Houston-Galveston Coastal Area, and they've had -- had a
web site and a buying co-op, so-to-speak, for years. And I
think there's another one that State of Texas has, and I'm
not that familiar with that one. The Buy Board was very
user-friendly for -- for us to use the other day. The
H.G.A.C. web site was not. We had a terrible time with them,
just getting to sign on. We could get in there, but we
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couldn't really deal with them, 'cause they wouldn't answer
my phone calls, so we kind of gave up on that one. But,
like, the air-conditioners, we went on and we put the
air-conditioners on; it wasn't really that hard. Tim and I
can get it. And he received responses the next day, wasn't
it?
MR. BOLLIER: Yes, ma'am.
MS. HARGIS: But not everybody knows how to do
that, so we need to learn. Now, Buy Board has agreed to come
down on June the 5th and do a training session with our
people, so -- free, and pass out information. So, they're
going to come in to try to help us, and so I'm looking to
you. This is the first policy I've ever brought to you, so
I'm looking to you for direction as to what I need to do.
COMMISSIONER BALDWIN: Jeannie, I've got a
question, or maybe two. And if you answer those, you know,
I'm ready to rock and roll.
MS. HARGIS: Okay.
COMMISSIONER BALDWIN: Is there a purchasing policy
in place today?
MS. HARGIS: Not that I'm aware of. And there
could be, but I'm not aware of one.
COMMISSIONER BALDWIN: Yeah. Now -- okay. So,
we -- we adopt your recommendation here, this program here.
How does that -- tell me how that benefits the taxpayers of
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Well, it -- I think that if we have a
policy in place, just like any other policy, it gives all of
the employees of the county a direction to go by to know how
to best buy their products for their departments. It doesn't
mean that they mandatorily have to go through there, but it's
a guide. It also provides a guide to keep us from doing
something we shouldn't do, especially on anything over
$25,000. Most of us are aware of that, but we know we're
supposed to bid over 25, but we don't know exactly how, and
-- and this policy then gives them a guide as to how to do
that. And I think that protects the citizens of Kerr County
by making sure that they have something like this in place.
There -- the only thing that I -- and I provided y'all with
the Government Code -- is that my -- my department ends up
being the person that writes all the RFQ's and things of that
nature. To be honest with you, I'm not an expert on -- on
everybody, and it gives us -- so somebody doesn't
accidentally do this. It has been my experience, both here
and in the Houston area, if -- a lot of times people will
circumvent the rule. Well, if I -- if I have a piece here
and a piece here, but if I do one a month or one a month and
one a month, then I don't have to do them. And --
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This is
have in place. We have talked in the past about the
potential of a purchasing department, but we haven't got
there yet. But it seems to me that what I'm looking at today
is, in effect, a transition to a purchasing department.
Which leads me to ask you the question, how are you going to
do, in your department, with the limited personnel that you
have, all of these things that effectively are the
responsibility of the purchasing department?
MS. HARGIS: We're already doing most of them now.
COMMISSIONER WILLIAMS: Yeah.
MS. HARGIS: There are a lot -- there are some
things that we are not doing, but there's a lot of them that
we are doing now. And questions are asked of us, and -- and,
like, if it's under $10,000, sometimes people just go buy it.
They don't really solicit. So -- and then by the time we get
it, it's already a done deal. So, I'm not suggesting right
now -- I would love to have a purchasing agent; that would be
great, but I'm not suggesting that. It's just -- I need a
guide for myself. I need a guide for everyone else so that
everybody's consistent with how they buy.
COMMISSIONER WILLIAMS: I don't have any problem
with the guide aspect of it. I think that's a good policy.
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MS. HARGIS: But this is not meant to set up a
purchasing department. I think that's a much more detailed
document.
JUDGE TINLEY: Ms. Hargis, we've got the Incode
system that will be coming online. A lot of these benchmarks
will be plugged into that system, will they not?
MS. HARGIS: Yes, they will. But I don't have any
benchmarks right now, so that's --
JUDGE TINLEY: I understand. But, I mean, if this
policy is approved, for example, if -- if there's a request
made to purchase something in a given budget category, the
systems's going to search to see if there's adequate funds in
that category, --
MS. HARGIS: Correct.
JUDGE TINLEY: -- number one. Number two, if it
falls within one of these that, while it may not be required
to be competitively bid, if the policy requires for, say, at
least three written bids to be obtained, for example, there
will be something that'll pop up to indicate this needs to be
done.
MS. HARGIS: There'll be an approval level set, and
if that approver -- it needs to be the department head at
that point, and if that hasn't been done, then the department
head at that point would not approve it. There are levels of
approval.
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JUDGE TINLEY: Mm-hmm.
MS. HARGIS: And we will set those levels of
approval up to make sure that they coincide with what we've
said here. And if it's not approved, it won't go through the
system; it would be rejected, and then goes back. And it's a
real simple thing. I mean, you get an e-mail and it says you
have a batch that you need to approve. You go into Incode,
you look at the batch, and if you realize it's something
that -- your employee has a note down there that they have,
in fact, solicited the bids, they have those copies. There's
plenty of room for notes. If that note isn't there, then --
and the department head had this purchasing policy, then it
would behoove them to make sure that had been done. But the
system will not tell them that that has to be done. It will
only ask for an approval. But it will ask for an approval at
every level that we put. So, when it gets to certain levels,
then I'm going to put my name on there to make sure that they
have done what they do, especially at 25 -- actually, at
24,999, it'll have to come to me before it will be generated
for a check.
JUDGE TINLEY: And that's in the policy?
MS. HARGIS: It is here, yes.
JUDGE TINLEY: Yeah.
MS. HARGIS: And that's pretty much, I think, in
the state code, that, you know, before anything is $25,000,
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that we need to have approval from you, so that keys me
there's something out there. Then I will bring that back to
you. That is -- I don't even have the power to do that. It
has to be bid properly. You have to approve the bidding
process before -- and the advertisement, and then we have to
bring them back to you. So, I need to be sure that
everybody's on -- and this all became apparent to me when we
were in the process of purchasing these cars. And it's not
an everyday occurrence that we go through something like
this, but it's nice to have a document that we can say, okay,
here's what we need to do. And -- and so we don't get caught
again with the situation that we did.
MR. EMERSON: Can I make a comment?
JUDGE TINLEY: Sure.
MR. EMERSON: I like the concept. But sometimes
between concept and implementation, there's some minor
adjustments that need to be made to make it work smoothly for
everybody. And as far as I know, the elected officials have
not had an opportunity to look at this, and right now they're
all doing their own individual purchasing. What I'd like to
request is that, instead of taking any action, if y'all could
pass to your next Commissioners Court so that everybody can
look at this, and if any tweaking needs to be done, it can be
done before instead of after.
COMMISSIONER OEHLER: I totally agree.
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MS. HARGIS: I think that's a good idea. That's
basically why I brought it to you.
COMMISSIONER BALDWIN: And I have a question along
that same exact same line. Let's pretend that Rex -- she's
going to turn her back on me now. Let's pretend that Rex
comes to the Commissioners Court during the budget process
and -- and requests that the County purchase him something,
and so we put $10,000 in there for new office furniture, and
he gets ready to make that purchase. How does this policy
apply to that? Does he just pick up the phone and call --
you know, he'd gone out and found out I can buy all this
furniture from Easy Furniture Company in San Antonio for
$10,000, so he comes to Commissioners Court and says, "Okay,
I can get it for ten grand." And the Commissioners Court
approves it, so in the budget we have furniture, $10,000.
How does this apply to that? Does he still have to come get
permission from the new purchasing policy to make his
purchase?
MS. HARGIS: No.
COMMISSIONER BALDWIN: You don't even know that
he's made the purchase until you get the bill.
MS. HARGIS: We know because of the approval
levels. If it is in their budget and you have already
approved it, and they go out and they solicit their bids
according to the document, and all the approval levels are
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there -- like, if it was in Rex's department, and let's say
Ilse bought the furniture for his staff. Then the final
approval will go to Rex. And as long as I have Rex's
signature or approval on there, then I know he's -- he's
reviewed it and he's seen it. That's all I need. Now, if
it's not in his budget, he needs to come here first.
COMMISSIONER BALDWIN: I understand. Why -- well,
okay. You don't -- you've answered my question. Thank you.
MS. UECKER: So, what's different than what we're
doing right now? I mean, how is that different?
MS. HARGIS: It's not. It's just putting it down
in writing, and that's really all it's doing. A lot of it is
just putting it in writing, and that's why I gave it to them
in a draft form, so that they can mark it up. There are some
new things in there that I highlighted, and it's the
beginning of starting the other system, and it just gives me
a handle. If what I have as levels is not good, then I need
to know from y'all.
MS. UECKER: I haven't seen it.
MS. HARGIS: Yeah.
MR. TROLINGER: But does it not actually impose
control over purchasing by putting an electronic lock on
purchases over that value?
MS. HARGIS: It puts an electronic lock up to the
department head. In other words, Linda would have the total
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approval of her department, unless it went over $25,000.
Then she and I would be the ones that would have to approve
it, and it would take joint signature of both of us before it
would go through. And if it was a budgeted item and she knew
it was over 25, she'd done all other bidding, she would bring
it to me; we would discuss it, and we would both approve it
at the same time. But it would -- my approval would only be
to insure that she did all of the things that she was
supposed to do.
COMMISSIONER WILLIAMS: I'm unclear about something
you've said.
MS. HARGIS: Okay.
COMMISSIONER WILLIAMS: If I'm understanding what
you just said, I believe that's different from what you
previously said with respect to anything -- any purchase
25,000 or greater.
MS. HARGIS: Right.
COMMISSIONER WILLIAMS: I was under the impression
that first that goes to bid, and secondly, even though it may
be in the budget, it comes to Commissioners Court for
approval.
MS. HARGIS: That's correct.
COMMISSIONER WILLIAMS: Is that correct?
MS. HARGIS: That's correct. That's the reason why
the approval level is put there, so that that can't happen.
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See, that's the reason why I would be there in case it
accidentally went through the system without going the proper
channels. And that's easy to happen, because a lot of people
are under the assumption -- and I'm not saying here, but that
if they have approval in their budget for a certain item, and
it's a very large item, they don't necessarily -- say they're
a fairly new hire; they think they can go ahead and buy it.
They forget to get the proper approvals. That does happen.
It's not often, but it does happen. And so by going through
levels of approval, it will make sure that that doesn't
happen, because then I can lock it down at 25. Say she's not
in town, and it -- it pops up that a $25,000 approval -- it
would pop up to her and me at the same time, so she would be
aware of it and I would be aware of it. So, there's two
people watching it. But each department, each elected
official would have that authority.
(Discussion off the record.)
JUDGE TINLEY: Do you have the ability to transmit
this latest draft to all elected officials?
MS. HARGIS: Yes, I do.
JUDGE TINLEY: And department heads?
MS. HARGIS: Yes, I do.
JUDGE TINLEY: With a cover that, you know, this is
in draft form. Check it over. You're going to later submit
it, bring it back to the Court and take a shot at it.
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COMMISSIONER LETZ: Would this include J.P. 4?
JUDGE TINLEY: Of course. (Laughter.)
COMMISSIONER BALDWIN: Better call him first.
MS. HARGIS: I don't have -- I presented for you --
I went to another web site and printed for you the law so you
wouldn't have to look it up. I don't have that. I would
assume that they all have the Texas Government Code they can
look at.
JUDGE TINLEY: I don't know that all the elected
officials and department heads would necessarily need that,
except Ms. Uecker. She likes to -- she likes to play lawyer
up there.
MS. UECKER: Yeah.
(Commissioner Baldwin left the courtroom.)
COMMISSIONER LETZ: Is there, I guess, a -- in the
Incode system, you mentioned the Buy Board. That if Linda
was going to buy something that Buy Board sells, and she
didn't have Buy Board on there or something, does -- can --
if you flagged it, you know, kind of just information, not
that she has to buy through Buy Board, but might want to look
at Buy Board or remember this, you know. I mean --
MS. HARGIS: I can ask the programmers. I -- you
know, to be honest with you, I'm not exactly sure of all the
flags they can put in there, but we can try to put every flag
we can in there. I mean, I think that's worth our while.
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COMMISSIONER LETZ: Because it seems part of it
would be an educational thing. If there are multiple state
functions or -- you know, that we can buy through, you know,
the people that are responsible for purchasing may not know
that.
MS. HARGIS: Well, and that's my whole reason for
bringing this, is -- is twofold; to train everybody that
there are other ways to buy things, and -- and to show them
how -- the proper way of doing it.
JUDGE TINLEY: Do you have something?
MS. UECKER: Well, he kind of answered it, but not
having seen the policy -- the proposed policy, and listening
to what she said earlier -- a little earlier about getting
approval of budgeted items, if I have gone to the
Commissioners Court and got an item budgeted, doesn't that
mean that I've already done my homework and I've gotten that
approval?
JUDGE TINLEY: Not necessarily. You may have a --
have a blanket category. This new Incode system will, number
one, determine if you still got that money in your budget.
And the policy then will -- if it's --
MS. UECKER: Are you talking about small items?
JUDGE TINLEY: -- for you, for your department, and
you're requesting it, as long as it's within the -- within
the budget and within the non-bid amount, you're probably
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okay. Now, if someone else in your department should tell
Robbin, for example, "Go ahead and take care of that," and
it -- say it's a $10,000 threshold item, it's going to --
it's going to get flagged if you haven't approved it. As the
amount goes up, it requires that additional authority look at
budgeted.
MS. HARGIS: I think what the policy is trying to
do is to make a guide as to how you would purchase things
that, for instance, are over $2,000. What it says is $2,000
or less are just the normal, everyday things. But anything
from two to ten, it suggests that you solicit bids by picking
up the phone or e-mail and soliciting three buyers -- three
or four, however many you want, and keeping those e-mails,
just to show that you looked out there to make sure that
you've got the best bang for the buck.
(Commissioner Baldwin returned to court.)
MS. DECKER: Which we do anyway.
MS. HARGIS: Right, which most of you do anyway.
But some departments -- they're new, and they may or may not
be aware of that, and so it just makes consistency across the
board. And that's really -- anything over -- from 10 to 15,
the State says you really should get something in writing and
keep a file on it. And then from 15 to 25 is when you get
into that area where you're getting closer to bidding. And
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it really addresses the 25,000 plus, so that you know how to
bid. Now, you have -- if it's a service contract, you don't
have to have a bid, so forth and so on. It just kind of
tells you the parameters, and it follows the Texas Government
Code. And I think Rex has a copy of it as well. But I'll
get this to everybody today.
JUDGE TINLEY: Okay.
MS. HARGIS: It's in electronic format.
JUDGE TINLEY: Give them an opportunity to weigh in
on it. Okay. Why don't -- why don't we go to Section 4,
payment of the bills.
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion? Page 36 and 37. Was that
bill to Voelkel Engineering really about $5,300, and we just
split it between administration and the operational portion
of Road and Bridge?
MS. HARGIS: I think that's correct.
COMMISSIONER LETZ: I believe that is --
MS. HARGIS: I'd have to check. I believe that's
correct.
JUDGE TINLEY: Okay.
MS. HARGIS: That's the way they coded it when it
came over.
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JUDGE TINLEY: Okay. So, the total bill was 5,350,
roughly. Okay, that's the only question I've got. Any other
questions or comments? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. I did not
receive any information on budget amendments. Do we have
any?
MS. HARGIS: No. Next time.
JUDGE TINLEY: Okay. Do we have any late bills?
MS. HARGIS: No late bills.
JUDGE TINLEY: I've been presented monthly reports
from Justice of the Peace, Precinct 4; Justice of the Peace,
Precinct 1. Did we receive the J.P. 4 report by e-mail?
THE CLERK: No, sir.
JUDGE TINLEY: Okay. Do I hear a motion that these
reports be approved as presented?
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded to approve
the designated reports as presented. Question or comments?
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 have any
reports from any of the Commissioners in connection with
their committee or liaison assignments?
COMMISSIONER OEHLER: I could go on for hours, but
I think I'll just defer. We have lots to do.
COMMISSIONER BALDWIN: No, sir. Thank you.
COMMISSIONER WILLIAMS: This is not -- I'm not
liaison, but I've talked to Commissioner Oehler about this.
I had a phone call from a constituent wanting to know if the
County's insurance would cover his situation, which was that
he was injured attending to a hog during the West Kerr sale.
I And --
COMMISSIONER OEHLER: Show.
COMMISSIONER WILLIAMS: Show, sorry. Correct.
Last January 5. And it really -- I don't want to bore the
Court with all the details, but man was rather insistent that
he was injured, he was out there, he was working. 'Cause I
asked him who he was working for, and did he work for the
County? And he said no, which indicated he was working for
the Stock Show Association. So, I decided to check with
Ms. Grinstead to see whether or not we had insurance on file,
as he indicated, from the Stock Show Association, or any
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association that may conduct business out there with
volunteers or with paid employees. And the bottom line is,
Ms. Grinstead has nothing on file. What she has as a matter
of guidance is that the month of January is open for
', agricultural stock show related matters, which we all know.
~~ So, I just bring this to the Court's attention because I want
really to ask the question, is there a potential liability or
exposure to the County in situations where an individual
claims to have been injured while in attendance to animals at
a stock show function? That's a question.
COMMISSIONER OEHLER: I think part of the answer --
we were talking about it the other day -- is we can find out
whether 4-H, each individual club has their own liability
insurance to cover these kinds of things, or whether we need
to see about getting those things in force or getting copies
of those policies, if they exist, or whether we are going to
be responsible, the County's liability insurance, for these
kinds of injuries that may occur.
COMMISSIONER LETZ: I don't -- and the 4-H thing
opens up another whole -- all the volunteer coaches and all
the kids and --
COMMISSIONER OEHLER: This is a good point, a good
time to bring it up, because it's something we probably need
to --
COMMISSIONER LETZ: Look at.
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COMMISSIONER OEHLER: -- to look into and see where
we stand on that issue.
JUDGE TINLEY: I -- I don't know how it came to be
there, but I recall seeing a sign on the indoor arena, the
exterior of the indoor arena, fairly close to the doorway
that's next to the office, that in some manner disclaims
liability on behalf of the County, because -- in connection
with stock show activities, because of the inherent risk
involved in those activities. And I can't recall whether it
referred to a state statute or not. Don't know what the
origin of the sign was. Don't know whether it's accurate or
not, but I recall seeing the sign this last weekend.
COMMISSIONER OEHLER: It will be something Rex, I
think, probably should look into.
COMMISSIONER WILLIAMS: Well, if that, in fact, is
there, Judge, and then the County Attorney affirms that it
does work as a limiter to our exposure, I still think it may
be appropriate for us to have on file with Ms. Grinstead for
the month of January any and all insurance coverages that
others may have acquired for that event -- their event.
Right now, we can't tell you who had it, who didn't have it.
JUDGE TINLEY: Well, I think even though the 4-H
and stock show people have -- have got a priority of use out
there, I don't think they're exempt from the insurance
requirements. I think --
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COMMISSIONER WILLIAMS: That's my point.
JUDGE TINLEY: I think they ought to have to
provide that. 4-H Horse Club people, there's a tremendous
potential liability there with that operation.
COMMISSIONER WILLIAMS: Exactly.
JUDGE TINLEY: I think we ought to have it from
everybody that uses it.
COMMISSIONER WILLIAMS: Yes, sir. That's my point
in bringing it up.
COMMISSIONER LETZ: Most of y'all know -- I guess
all of y'all know that I've attended these -- they're called
county-to-county meetings recently, for better or worse. And
on the -- 16th? -- 16th of May, Kerr County will be hosting
this county-to-county function at Schreiner University. I
just wanted to let everybody be aware, that will be from 9:00
to 12:00, the time of it. And it's -- basically, where we're
going is looking at what, if anything, needs to be worked out
with the Legislature prior to the next session, primarily
related to subdivision rule type issues.
COMMISSIONER WILLIAMS: What were the dates again?
COMMISSIONER LETZ: The 16th of May.
JUDGE TINLEY: Friday.
COMMISSIONER LETZ: It's a Friday, 9:00 to 12:00.
And then there will be a -- next meeting will be -- there is
kind of a -- the final hashing out meeting. The next meeting
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in June, we'll invite all legislators that represent any of
the counties involved, along with Speaker Craddick's office
and some other senators and representatives that are dealing
I! with these issues that are committee chairs, and that meeting
I will be in Hays County.
JUDGE TINLEY: Anything else? How about reports
from elected officials or department heads?
SHERIFF HIERHOLZER: Just two things.
COMMISSIONER BALDWIN: Just two.
JUDGE TINLEY: Be brief and to the point. I've had
that admonition relayed to me.
SHERIFF HIERHOLZER: Okay. First off, jails's
full. Is that brief enough?
JUDGE TINLEY: Thank you.
SHERIFF HIERHOLZER: We've got 177 in there, 31
females. They got 30 female beds. So, with summer coming
on, I don't know where we're headed. But this task force
roundup didn't help things, 'cause violation of probations
don't get out. We're housing a little over 100 VOP's right
now. It's going to be an interesting summer. Second thing,
I put a deal in each of y'all's box several -- or a couple
weeks ago in regards to the radio system and upgrades. I was
informed the other day that before the end of this year, the
City of Kerrville will be digital.
COMMISSIONER WILLIAMS: Will be what?
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SHERIFF HIERHOLZER: Digital. Talking digital.
Them having one tower site makes it a whole lot cheaper for
them to do that than the estimated 1.2, 1.3 million it will
cost the County. But the problem with the City going digital
at this point in time is, it will end the -- 99 percent of
the communication between County and City officers.
Interoperability is going to work opposite, because our VHF
will not be able to communicate with the digital that they
have. They may, depending on how they set theirs up, be able
to hear us, but we will not be able to hear them. And that's
going to cause a drastic safety issue, in my opinion, between
City and County when you're talking the number of officers
having to work together.
JUDGE TINLEY: Were you contacted by the Chief
about this, given a heads-up?
SHERIFF HIERHOLZER: I was told last week during
our roundup that they will be digital by the end of the year.
COMMISSIONER LETZ: Is there a reason the City
needs to make this change right now?
SHERIFF HIERHOLZER: They applied for a grant and
got it, so now they have to spend it.
COMMISSIONER WILLIAMS: Are we analog?
SHERIFF HIERHOLZER: We are analog.
COMMISSIONER WILLIAMS: And are we analog
convertible to digital?
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SHERIFF HIERHOLZER: At 1.3 -- 1.3 million.
COMMISSIONER WILLIAMS: God, how many years ago did
we buy this system?
COMMISSIONER OEHLER: Not long.
SHERIFF HIERHOLZER: 2000.
COMMISSIONER WILLIAMS: Huh?
SHERIFF HIERHOLZER: 2000. We had -- and if y'all
will remember, we did have the bids in 2000 to go digital,
but it was exactly the same figures. It would cost -- I
think the County paid 900-something thousand for this system,
and it would have been 2, 2.4 million to go digital at that
time. So, it's about the same; it's just -- it's going to
catch up. Now, the State has mandated that every county --
city and county law enforcement be digital by 2015. In
reality, that is December 31st of 2014. And to be narrow
band by 2013, or December 31st, 2012.
COMMISSIONER LETZ: I recall we made that decision
to not go the digital route because we didn't have to yet,
and most others hadn't yet.
SHERIFF HIERHOLZER: Well, and there was still a
lot of discussion over what they called Project 25, or APCO
25 on what changes -- and, as y'all saw in the memo, there's
still some changes coming. Now, supposedly, there's
agreement that they can't reverse whatever's been done with
agencies now, but it's going to be, you know --
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COMMISSIONER LETZ: Are there grants out there that
we can apply for?
SHERIFF HIERHOLZER: There may be some limited
funding grants through AACOG, some of that. But what I think
we're going to be in for is, you're -- it's going to be hard
to find, 'cause you're going to have -- part of this is done
by state, part of it's done by federal. You're going to have
every agency within the U.S. that's having to do this, and
real small agencies are really going to have a hard time
coming up with the price. Our biggest issue is that we are a
simulcast system with multiple tower sites to get coverage.
Otherwise, the cost would be, you know, a tenth of what the
estimated bid is now. But it's going to cause some issues
during the first of the year that I don't know how to deal
with, and I hate to see the officers not be able to
communicate with each other on the street.
COMMISSIONER LETZ: This will be the first of the
year, this --
SHERIFF HIERHOLZER: That they will be -- they're
doing the final stuff now.
COMMISSIONER OEHLER: Another instance --
COMMISSIONER WILLIAMS: Where did they get a grant
from?
SHERIFF HIERHOLZER: One came -- I saw somewhere
where Corning or the federal government gave them some.
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Their total -- total deal was, like, 360,000.
MS. HARGIS: They got a Homeland Security grant.
SHERIFF HIERHOLZER: Part of it's Homeland
Security.
COMMISSIONER WILLIAMS: Well, if it's part of
Homeland Security, we can apply that way too, and should.
SHERIFF HIERHOLZER: Yes.
JUDGE TINLEY: Have there been any preliminary
efforts to investigate grant funding?
SHERIFF HIERHOLZER: No. As in talking with Don
McFarland with AACOG and seeing what they could do, and his
opinion -- his wording back to me last week when I did visit
with him was that if we went narrow band -- which I don't
know if we really want to do that first, 'cause if you go
narrow band, then two years -- within two years, you have to
go digital, which you have to redo everything. The narrow
band, if you'll remember, was 47,000 on that, and if you go
narrow band, he said they could possibly help with that.
So --
JUDGE TINLEY: Why don't you go narrow band and
digital at the same time?
SHERIFF HIERHOLZER: That's the thing. You know,
to me, it is -- it would be kind of useless to spend 50,000
and go narrow band, and then by the mandate, within three
years have to totally redo everything.
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COMMISSIONER LETZ: I'd look into grants.
COMMISSIONER WILLIAMS: Yeah, we need to.
SHERIFF HIERHOLZER: We're looking -- there is one
other deal that's just coming on the horizon that we're
looking at. The Rio Grande COG has been doing a test site
for a trunking system, digital trunking system, which is kind
of like the L.C.R.A. system, for law enforcement, and now
they are starting to expand that to allow other agencies to
try and sign on. Now, the problem with me, they'd still have
to have the towers in this county to be able to do that with.
So, we've talked to Don McFarland about that, and to one of
the ones heading up the Rio Grande deal, but that is a
possibility. It still may not help us and the City to
communicate. You know, I don't know, but it would be good to
go with digital, which maybe then we could, if you put them
in there to talk to. And so we're looking at some of that.
It's just going to hit us pretty quick on -- on what it's
going to do.
COMMISSIONER WILLIAMS: Did you say you've started
discussions with Don McFarland?
SHERIFF HIERHOLZER: Yes.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER OEHLER: Sure would be nice if the
City would communicate with us periodically about changes
they're going to make that are going to affect communications
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between the two, and especially in this case, between two law
applied for a grant? Did the Chief --
SHERIFF HIERHOLZER: When I saw it in the paper
they got one for communications. I'm not -- I have known
that one of their employees -- or captain at one point had
worked for, like, Motorola or did something with them, and I
know he is very big in digital and wanted to go digital.
MS. HARGIS: They've been working on this for three
years, and converting the radios at about 300,000 a year so
that they could get to this point. Because I think there's
some mandate that requires them to be on a little sooner, I
think. Is it not any sooner?
SHERIFF HIERHOLZER: No, everything is the same.
The other problem we have is the car radios and hand-held
radios all will also have to be changed,
at 2,000 each -- between 1,700 and 2,000
MS. HARGIS: That's what they'
converting their radios or getting ready
guess when they got the grant, they just
JUDGE TINLEY: That's the same
at a cost of right
each.
ve been doing,
for this, and I
decided to do it.
grant that we were
advised about when I was in Washington last fall, and we
confirmed its funding several months ago when Congressman
Lamar Smith was here and made the announcement with regard to
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the U.S.D.A. design and engineering, and also made the
presentation to the City. This is that same 370-something --
$372,000 or something -- 352.
SHERIFF HIERHOLZER: Something like that.
JUDGE TINLEY: Okay.
MR. TROLINGER: Sheriff, your point is, at this
time, it's actually switching at the end of this year, and
you will not be able to communicate with them as of the end
of summer?
SHERIFF HIERHOLZER: (Witness nodded.)
MR. TROLINGER: So, even if we start a project
right now, we'd be --
SHERIFF HIERHOLZER: We're out of luck.
COMMISSIONER LETZ: So, they -- I mean --
SHERIFF HIERHOLZER: Which is really going to be
bad, 'cause, see, D.P.S. went digital a number of years ago,
and so now D.P.S., with the way they can have theirs set up,
can monitor ours. Normally, they have -- they can listen,
but we cannot hear D.P.S.'s traffic. So -- we can hear it;
we cannot talk to them, and they cannot talk directly to us
from car to car unless they switch over. So, it's really
going to isolate the Sheriff's Office, is what it's going to
end up doing. And probably the -- I don't know; Roland and I
have haven't talked yet on what they're going to do. Hit a
lot sooner than five years down the road.
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COMMISSIONER WILLIAMS: Do you have any good news
today?
SHERIFF HIERHOLZER: No. Wait until executive
session.
JUDGE TINLEY: He does have a number of the -- of
the reversible plastic gloves. (Laughter.)
COMMISSIONER WILLIAMS: That is good news.
JUDGE TINLEY: He told me that he personally has
some of those, and I think that's wonderful.
SHERIFF HIERHOLZER: No, I didn't tell you I had
any of those, Judge.
JUDGE TINLEY: He'll be able to do the training for
his officers.
COMMISSIONER WILLIAMS: I think that's wonderful.
JUDGE TINLEY: Any other elected officials or
department heads?
MS. HYDE: You got two things that are going to be
on everyone's payroll this week. One is the increases on
FMLA; it goes up to 26 weeks with regard to military and
active duty personnel. So, when we had our TAC training a
couple weeks ago, they had this. We copied it. We're going
to use it. But the Department of Labor is still working on
the rest of the language, because the language is very
ambiguous and it's very wide. So, this is going to go on
everyone's paycheck, along with a repeat that everyone got
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during open enrollment, what's covered by the Kerr County
prescription plan and how it works. We've had a couple of
issues with some folks that believed that they could go to
get their scrip filled, and if it's denied because it's not
covered, then somehow H.R. gets to decide what's going to be
approved and not approved. So, we're making sure that
everything goes back out so that the members can see -- our
employees can see, and if it's not covered, there is a
process that they have to go through, and it ends up back at
our provider, and our provider determines that. That's it.
JUDGE TINLEY: Thank you.
MR. EMERSON: When you get to the two point --
Section 2 under executive, we have some information.
COMMISSIONER BALDWIN: Who is "we," Rex?
MR. EMERSON: These two clowns right here.
COMMISSIONER BALDWIN: You two guys?
SHERIFF HIERHOLZER: Of course. Who else?
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: Are we going to do all the
executive session stuff prior to going to lunch, or are we
going to --
JUDGE TINLEY: No, we're fixing to knock it out
here in about two seconds.
COMMISSIONER WILLIAMS: Let's go.
JUDGE TINLEY: Okay. Other than executive session
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items, I show us not to have anything else open at this
point. At this time, it is 11:47, and we will go out of
closed or public session to go into executive or closed
session.
(The open session was closed at 11:47 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay, we'll come back into open or
public session at 12:33. Does any member of the Court have
anything to offer with respect to any matters considered in
executive session?
COMMISSIONER LETZ: I'll make a motion that we set
Kelly Hofer's step and grade at 19-6. Effective --
JUDGE TINLEY: May 1?
COMMISSIONER LETZ: -- May 1st.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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. Any other
matters to be offered for those items discussed in executive
session or otherwise? We'll be adjourned.
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(Commissioners Court adjourned at 12:34 p.m.)
STATE OF TEXAS ~
COUNTY OF KERR
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 2nd day of May, 2008.
JANNETT PIEPER, Kerr County Clerk
BY : ___ ~ ~ ~ _ ______ __
Kath~~ ik, Deputy County Clerk
Certified Shorthand Reporter
4-28-08
ORDER NO.30808
MAY 2008 ELDER ABUSE AWARENESS MONTH
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Proclamation which declares the month of May as Elder Abuse
Awareness Month.
ORDER NO.30809
PLACEMENT OF FLAGS OF COUNTRIES ON COURTHOUSE GROUNDS
Came to be heard this the 28th 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 placement on Courthouse grounds from April 26 through May 12, 2008,
of flags of countries represented in World Cup Shotgun competition at Hill
Country Shooting Sports Center.
ORDER NO. 30810
APPOINTMENT OF M'LISSA HAYES TO KERB COUNTY CHILD
SERVICES BOARD
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Appoint M'lissa Hayes as a member of the Kerr County Child Services Board.
ORDER NO. 30811
RELEASE LETTER OF CREDIT #2006-03 FROM HEBBRONVILLE RANCH
PROPERTIES, LTD.
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Release the Letter of Credit #2006-03 from Hebbronville Ranch Properties, Ltd.
For Vistas Escondidas Cypress Springs Estates, Precinct 4.
ORDER NO. 30812
COMMERCIAL PRELIMINARY PLAT OF A-OK STORAGE
Came to be heard this the 28th 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 Commercial Preliminary Plat of A-OK Storage, Precinct 2.
ORDER NO.30813
FINAL REVISION OF PLAT FOR TRACT 3, THEODORE & DOROTHEA
OEHLER ESTATE
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Final Revision of Plat for Tract 3, Theodore & Dorothea Oehler
Estate, Vol. 4, Page 27, Precinct 4.
ORDER NO. 30814
ABANDON, VACATE AND DISCONTINUE FOSSLER ROAD
Came to be heard this the 28th 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:
Abandon, vacate and discontinue Fossler Road, Precinct 4.
ORDER NO. 30815
BIDS FOR FORESTRY TRUCK WITH CHIP BOX
Came to be heard this the 28th 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 Road & Bridge Department to advertise for bids on a new or used
Forestry truck with chip box.
ORDER NO. 30816
JUSTICE OF THE PEACE PRECINCT 4 CELL PHONE BILL
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve paying the cell phone bill for Justice of the Peace, Precinct 4.
ORDER NO. 30817
DECLARE OLD ENVIRONMENTAL HEALTH VEHICLES SURPLUS
Came to be heard this the 28th day of April, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 3-0-0 to:
Declare the old Environmental Health vehicles as surplus.
ORDER NO. 30818
REQUEST BY LCRA TO CLEAR RIGHT-OF-WAY ON JUVENILE
DETENTION FACILITY PROPERTY
Came to be heard this the 28th 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:
Allow LCRA to clear the right-of--way on the property located by the Juvenile
Detention Facility.
ORDER NO. 30819
BROKER/DEALER LIST FOR KERB COUNTY INVESTMENTS
Came to be heard this the 28th 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 Broker/Dealer List as submitted, and amended to add after A. G.
Edwards"/Wachovia Securities":
A. G. Edwards/Wachovia Securities
Bank of America
Bank of the Hills
Barclays
Broadway Bank
Citigroup (formerly Salomon Smith Barney)
Edward Jones
Frost Bank
Hill Country State Bank
Klein Bank
JPMorgan Chase
Merrill Lynch
Mizuho Securities
Morgan Keegan
Morgan Stanley
Security State Bank
TexPool
Tex Star
Union State Bank
Vining Sparks
Wells Fargo
ORDER NO. 30820
CLAIMS AND ACCOUNTS
Came to be heard this the 28th day of April, 2008, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General $ 305,793.21
14-Fire Protection $ 9,444.47
15-Road & Bridge $ 62,436.29
37-Center Point Wastewater $ 70.00
50-Indigent Health Care $ 32,803.46
76-Juv Detention Facility $ 510.20
TOTAL
$ 411, 057.63
Upon motion made by Commissioner Williams, seconded by Commissioner Letz,
the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 30821
MONTHLY REPORTS
Came to be heard this the 28th 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 the following monthly reports:
JP #4
JP # 1
ORDER NO.30822
SALARY INCREASE FOR ROAD & BRIDGE EMPLOYEE
Came to be heard this the 28th 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 setting the salary for Kelly Hofer at a step/grade of 19/6, effective May 3,
2008.