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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, August 11, 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
August 11, 2008
--- Commissioners' Comments
1.1 Consider/discuss, take appropriate action on
renewal of FY 08-09 State Case Registry/Local
Customer Service Contract between Kerr County
and Office of the Attorney General, Child Support
Division
1.2 Consider/discuss, take appropriate action to
authorize Request for Proposals (RFP) for
reworking electrical conduits and wiring in
front area of Kerr County Courthouse square
1.3 Consider/discuss, take appropriate action
to approve changing the polling location in
Precinct 404 in accordance with Chapter 43
of the Texas Election Code
1.4 Consider/discuss, take appropriate action for
Final Plat of Camp Verde General Store, Pct. 2
1.8 Consider/discuss, take appropriate action to
approve extension of Kerr County teen curfew
for another year
1.5 Consider/discuss, take appropriate action for
a smaller cul-de-sac on Woodland Rd., Pct. 2
1.9 Consider/discuss, take appropriate action to
authorize Request for Proposals (RFP) for bids
to replace approximately 77 windows in original
Kerr County Courthouse and renovation or
replacement of front door to courthouse and
side entry door on Sidney Baker
1.10 Consider/discuss, take appropriate action on
implementation of the burn ban
1.11 Consider/discuss, take appropriate action on
giving notice to City of Kerrville on potential
cancellation of the "Interlocal Cooperation
Agreement Between Kerr County and the City of
Kerrville for Regulation of Subdivisions Within
the City of Kerrville's Extraterritorial
Jurisdiction"
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I N D E X (Continued)
August 11, 2008
1.6 Consider/discuss, take appropriate action on
Budget Request from the Kerr County Historical
Commission
1.7 Consider/discuss, take appropriate action on
request from Kerr County Historical Commission
to move three historical markers
1.12 Consider/discuss, take appropriate action to
make appointments and/or reappointments to the
Kerrville/Kerr County Joint Airport Board
1.13 Consider/discuss, take appropriate action to
raise the Court Compliance Collector's salary
to the amount currently in the budget for that
position
', 1.14 Consider/discuss, take appropriate action to
clarify Court Order #30881 regarding employee
benefits package for the Airport Manager of the
j Kerrville/Kerr County Airport, and other such
services as may be required
1.15 Consider/discuss, take appropriate action to
approve/replace part-time position with a full-
time position in Court Compliance Office
(Executive Session)
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
5.2 Reports from Elected Officials/Department Heads
5.3 Reports from Boards, Commissions and Committees
3.1 Action as may be required on matters discussed in
executive session
--- Adjourned
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On Monday, August 11, 2008, at 9:OO a.m., a regular
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
(Commissioner Williams not present.)
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regularly scheduled meeting of the
Kerr County Commissioners Court posted and scheduled for this
time and date, Monday, August the 11th, 2008 at 9 a.m. It is
'~ that time now. Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. Would you stand
and have a word of prayer with me, and then we'll do the
pledge of allegiance.
(Prayer and pledge of allegiance.)
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: At this time, if there's any member
of the audience or the public that wishes to be heard on any
matter that is not a listed agenda item, this is your
opportunity to be heard. If you wish to be heard on one of
the agenda items, we'd ask that you fill out a participation
form. They're located at the back of the room. It's not
essential that you do that. It helps me when we come to that
item to be sure that I don't miss you if you wish to be
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heard. However, if you've not filled out a participation
form and wish to be heard on an agenda item, just get my
attention in some manner when we're on that agenda item, and
I'll see that you do have the opportunity to be heard. But
right now, if there's any member of the public or the
audience that wishes to be heard on any matter that is not a
listed agenda item, come forward and tell us what's on your
mind. Seeing no one coming forward, we will move on.
Commissioner Baldwin, what do you have for us this morning?
COMMISSIONER BALDWIN: I just wanted to let
everybody know that this afternoon I will be leaving and
going to New Mexico to watch my little boy graduate tomorrow
from the Border Patrol Academy, and they will pin a badge on
him and put a gun in his holster, and he will officially be a
federal officer. And -- scary thought, that guy with a gun
with bullets and the whole thing. It's kind of scary for me.
But, anyway, I'm really, really excited; we're so proud of
him. He'll -- he'll receive two outside awards besides being
sworn in, and so --
JUDGE TINLEY: What are those awards?
COMMISSIONER BALDWIN: Expert firearms and the
outstanding athlete of the school.
JUDGE TINLEY: Pretty significant.
COMMISSIONER BALDWIN: Which is a big, big deal.
SHERIFF HIERHOLZER: Does that mean you're going to
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change your opinion about feds?
COMMISSIONER BALDWIN: Yeah, for a while.
SHERIFF HIERHOLZER: Oh, okay. (Laughter.)
COMMISSIONER BALDWIN: Till the next step. Yeah,
we love Border Patrol. Greatest organization on earth.
SHERIFF HIERHOLZER: Okay.
JUDGE TINLEY: It's those other outfits that create
all the problems?
COMMISSIONER BALDWIN: Yeah, those other outfits.
So -- but, anyway, that's all.
JUDGE TINLEY: Thank you. Commissioner Letz?
COMMISSIONER LETZ: Bear with me; I've got a little
bit of a summer cold, so I'm a little bit nasal today. Just
be careful of fire. We had a big fire in our area, far
southeastern part of the county. Rusty's numbers are that it
burned about 250 acres. They had tankers and helicopters and
all that stuff out there trying to get it under control.
Some very rough terrain, very difficult to get to, and it
burned -- started by someone burning trash in a barrel. One
little ember went across the fence, and away it went.
Anyway, people, please be careful. That's it.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Well, I have a little sad
news this morning. Janie Roman's nephew was found dead
Friday morning, and just wanted y'all to keep her and her
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family in your prayers. Thirty-two years old, and I think he
was involved in a car accident or something on Thursday, but
did not receive any medical attention, and -- stubbornness, I
guess, but they found him dead Friday morning. So, I wanted
y'all to know that, the manager of Animal Control's nephew.
That's it.
JUDGE TINLEY: Thank you. Let's get on with our
agenda, if we could. The first item on the agenda is to
consider, discuss, and take appropriate action on the renewal
of the State Fiscal Year '08-'09 State Case Registry local
customer service contract between Kerr County and the Office
of the Attorney General, Child Support Division. This is an
annual contract that we've been dealing with for some time, I
believe. Mr. Emerson, have you had any consultation with the
District Clerk on this? I believe she's the point on this,
is she not?
MR. EMERSON: I have not seen this year's contract,
Judge, but I know the last four years it was the exact same
wording every year.
JUDGE TINLEY: Mm-hmm.
MR. EMERSON: So --
JUDGE TINLEY: I've got a whole batch of them right
I here.
COMMISSIONER LETZ: I'll move approval, subject to
the County Attorney reviewing the form.
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COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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. The next
item is to consider, discuss, and take appropriate action to
authorize Request for Proposals for reworking the electrical
conduits and wiring in the front area of the Kerr County
courthouse square. Mr. Bollier?
'I MR. BOLLIER: Yes, sir. Out in the -- we've talked
about this before. Out in the front yard, I have electrical
conduits that are not but about maybe one inch under the
ground that need to be redone. I have wiring that comes from
27 that comes all the way across to the -- on Earl Garrett,
that I want to put down in the ground, because it's not up to
code. I have another wire that goes -- that's over here in
this other corner on 16 and 27, in that corner right there of
the yard. That wire that comes across there needs to be put
underground; it is not up to code. And then I need to get
some of this electricity out of the -- these electric outlets
out of the trees and put down to the base of the trees, to
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where we don't put -- we're not going to lose any --
COMMISSIONER LETZ: Christmas lighting?
MR. BOLLIER: The Christmas lights. I mean, the
Christmas lighting people aren't going to lose any --
COMMISSIONER LETZ: Receptacles.
MR. BOLLIER: Receptacles, that's the word. That's
the word. And other than that, that's it.
JUDGE TINLEY: But other than -- other than the
fact that they'll have access to those, I know that the
Christmas lighting people put in some electrical service.
Does your item deal with any of the items they put in?
MR. BOLLIER: Yes, sir, it does.
JUDGE TINLEY: They paid for the cost of
installation some few years ago, and that's, of course, now
our property. That's mostly out on the outside, I think.
MR. BOLLIER: Yes, sir, that stuff that they put in
is on the outside. And they have been told -- Commissioner
Williams I did have a meeting with Kyle Bond himself, and we
told them that their boxes that they have in the ground, the
ground boxes are not up to snuff, and that they need to be
fixed, because the tops of them are breaking and it causes a
hazard, and people can fall in and can step into them.
They're -- you know, they're not but maybe 6 inches deep, but
still... And then those outlets, they didn't put them in --
the boxes are not tight -- watertight enough.
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COMMISSIONER LETZ: Rex, does this get included in
the overall, I guess, landscaping redo of the courthouse
yard? So it has to go under the over $25,000 bid? How do
you bid it when we're not going to -- really, other than what
Tim said, we don't know -- there's going to be a lot of
things that are going to be found as we're going on something
like this, 'cause we really don't know where they're all
buried. We don't know where a lot of that stuff is. Can you
bid on an hourly basis? I mean, can you --
MR. EMERSON: You can do that, but I think you can
write your -- your Request for Proposals or bids based on
', what is known.
COMMISSIONER LETZ: What is known, and --
MR. EMERSON: And then have a separate paragraph in
there for newly discovered.
COMMISSIONER LETZ: And then anything additional
would be at a -- you know, you can do, like, an hourly rate
or something? I mean --
MR. EMERSON: Sure.
COMMISSIONER OEHLER: Time and materials.
COMMISSIONER LETZ: Time and materials, okay. I
think that would be the wise way to do it, 'cause there's --
I mean, we really have no idea what we're getting into.
COMMISSIONER OEHLER: Some of this stuff is
extremely dangerous.
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COMMISSIONER LETZ: Yeah.
COMMISSIONER OEHLER: The way it was done, it was
not, evidently, inspected and watched very closely when it
was done before, and -- and it needs to be made safe, I
believe.
COMMISSIONER LETZ: I believe so. I'll make a
motion to authorize going out for RFP for electrical work on
the courthouse square.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item 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.
MR. BOLLIER: Thank you.
JUDGE TINLEY: We'll move to Item 3; consider,
discuss, and take appropriate action to approve changing the
polling location in Precinct 404 in accordance with Chapter
43 of the Texas Election Code.
MS. ALFORD: Morning.
JUDGE TINLEY: Good morning, Ms. Alford.
MS. ALFORD: Judges in 404 have asked to change the
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Mountain Home Fire Department to Sunset Baptist Church, and
they've brought it up to code, to the A.D.A. ramp and that.
COMMISSIONER OEHLER: I'll move that we move the
polling place from Mountain Home Volunteer Fire Department to
Sunset Baptist in Mountain Home.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on that motion? All in
favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 4; consider, discuss, and take appropriate action for
final plat of Camp Verde General Store located in Precinct 2.
I'm wondering if we should defer on this until Commissioner
Williams arrives.
COMMISSIONER BALDWIN: I would think so.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: Is there any problems with it?
MS. HARDIN: Not to my knowledge.
COMMISSIONER LETZ: I've talked to Commissioner
Williams quite a bit. We can certainly wait, but he can --
he's been very much in favor of trying to get this thing
processed through and work with both Environmental Health,
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the owners, everybody else, to try to get this accomplished.
But, anyway --
MS. HARDIN: Go ahead? No?
COMMISSIONER OEHLER: This has been going on for
quite a while.
COMMISSIONER LETZ: Yeah.
JUDGE TINLEY: Based upon your conversations with
Commissioner Williams, he generally wants this thing to move
forward and get the plat approved?
COMMISSIONER LETZ: Yes, sir.
JUDGE TINLEY: Okay. Let's go ahead with Item 4,
then; consider, discuss, take appropriate action for final
plat of Camp Verde General Store located in Precinct 2.
MS. HARDIN: This is a two-lot commercial
subdivision for the Camp Verde General Store. You approved
the final -- the preliminary plat back in June. The
building, well, and septic are on Lot 1, and there is a note
that was added, Note Number 5, that states that no
residential structure will be on Lot 2. So, at this time, we
ask that you accept it as presented.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as indicated. Question or
discussion on the motion?
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COMMISSIONER BALDWIN: It is your recommendation
that we approve this?
MS. HARDIN: It is Mr. Odom's recommendation that
you approve it.
COMMISSIONER BALDWIN: Mr. Odom's?
COMMISSIONER LETZ: I have a question, probably to
Rex. Our rules say that on commercial subdivisions, they're
kind of dealt with on a case-by-case basis. Since these lots
are smaller than are currently allowed, do we need any
variance -- or approval of any variance for that? Or -- I
mean, it's -- it's kind of -- our rules leave these
situations to our discretion, because commercial --
MR. EMERSON: I think you have complete
discretionary authority, and --
COMMISSIONER LETZ: With commercial.
MR. EMERSON: As you and the rest of the Court
know, I mean, this started probably a couple years ago,
trying to resolve the situation and to allow them to expand
to a safe capacity with legal means, and we had to clear up
all the property boundaries.
COMMISSIONER LETZ: Okay. So, this -- I mean, this
is in compliance with our rules, in your opinion?
MR. EMERSON: To the best of my knowledge, yes.
COMMISSIONER LETZ: Okay. That's it.
JUDGE TINLEY: I've got one question. I think I
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may have raised it previously. Of course, the plat indicates
that it is Camp Verde General Store. In the sign-off that's
put on the plat for myself, it says this plat, Camelot Hills
Estates. What are we going to call this thing?
MS. HARDIN: I don't know. That's the name of the
owners. I don't know why he --
JUDGE TINLEY: Well, I know that -- that we talk
about -- there's a provision on here that -- up at the very
top.
MS. HARDIN: I see.
JUDGE TINLEY: Certificate of ownership, Camelot
Hills Group, L.L.C., and -- and that's fine. But if we're
going to call this plat Camp Verde General Store, I would
think where I sign off on it, it needs to say "Camp Verde
General Store," the way we identified this plat.
MS. HARDIN: I can take it back to the surveyor and
have him make that change.
COMMISSIONER LETZ: Draw a line through it; do it
on the mylar.
JUDGE TINLEY: Depends on how messy they want their
work to look.
MS. HARDIN: It's already been signed off by all
the owners, so I -- I would say that you just mark through it
with permanent ink and write it in. Or we could ask the
surveyor to come in and do that before it's filed.
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COMMISSIONER BALDWIN: Is he in the back of the
room?
MS. HARDIN: He is.
COMMISSIONER LETZ: Is that the only spot?
MR. BRANDENBERG: Would I mark through it right
now, or over at the County Clerk's office?
MS. HARDIN: It's right there on her desk.
COMMISSIONER LETZ: Good eye, Judge.
JUDGE TINLEY: Okay. Anything else? 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 --
MS. HARDIN: I think on Item 5, Ms. Kilgore would
like to wait for Mr. Williams.
~ MS. KILGORE: When is he coming?
JUDGE TINLEY: Yeah. This one has not been
considered previously, I don't think, has it?
MS. HARDIN: No, sir.
JUDGE TINLEY: Okay.
MS. HARDIN: Ms. Kilgore asked if you might know
I when he's --
JUDGE TINLEY: Why don't we wait on that.
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Commissioner Williams had some sort of dental procedure that
befell him at the last moment. Better him than me, is all I
can say. But he should be along here in a minute. Let's go
to Item 8, if we might; consider, discuss, and take
appropriate action to approve extension of Kerr County teen
curfew for another year. Hi, Sheriff.
SHERIFF HIERHOLZER: Sir.
COMMISSIONER BALDWIN: High Sheriff. That was
good.
COMMISSIONER OEHLER: High Sheriff.
SHERIFF HIERHOLZER: As you know, this is something
i
that gets renewed every year. We have one; city of Ingram
has one. City of Kerrville has chosen not to have one over
the years. We do not write very many citations under this
ordinance or this deal. This last year, we did write five
warnings under it, four kids in one location and another kid
in another location that were out after hours. It does give
us a good tool, 'cause when we write those warnings, we also
contact the parents and let them know that their kids are out
in violation of this curfew.
(Commissioner Williams entered the courtroom.)
SHERIFF HIERHOLZER: So, I think it is a good tool.
I don't think our officers use it that much to abuse it or
anything else. I think it should continue.
COMMISSIONER BALDWIN: Do you think that, with us
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having one and Ingram having one, are they chasing the
juveniles into the city of Kerrville?
SHERIFF HIERHOLZER: I hope so. I know that the --
COMMISSIONER BALDWIN: Me, too.
SHERIFF HIERHOLZER: I know the Police Chief did
contact my chief deputy last week and asked if they had one,
so he wasn't aware. He's a newer chief, and I don't know if
it's on his mind to maybe consider having one inside the city
after all these years or not, but I think it would be a good
thing for them to.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on that
motion? All in favor of that motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let the
record reflect that Commissioner Williams joined us for that
agenda item. Let's go back to Item 5, if we might; consider,
discuss, and take appropriate action for a smaller cul-de-sac
on Woodland Road located in Precinct 2.
MS. HARDIN: Would you like to speak on it, or
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would you like for me to?
COMMISSIONER WILLIAMS: Go.
MS. HARDIN: Mr. and Mrs. Kilgore did a revision of
plat to consolidate four lots into three, and then they sold
their original home, which was on Lot 81R and 83R, and they
retained 79R as a building site for a new home. They -- they
furnished the County with a letter of credit to build the
cul-de-sac once they completed the construction of their new
home. They live on Woodland Road in The Woods Subdivision,
which was originally platted in 1979 with only a 25-foot
right-of-way into the entrance of Woodland Road. Therefore,
there's a very narrow County-maintained road that terminates
at their original home with no cul-de-sac. The gentleman who
purchased the original home on 81 and 83 is adamantly opposed
to a cul-de-sac being built on what he considers his
property. Mrs. Kilgore is asking the Court to allow her to
build a smaller turnaround cul-de-sac within what she
considers the right-of-way of her property. Should the Court
allow her to do this, Mr. Odom has said he will work with her
to assure it is done safely and in such a manner that it will
be tied into the County-maintained road.
COMMISSIONER WILLIAMS: Karen, are you there?
MS. KILGORE: Yes.
COMMISSIONER WILLIAMS: Your homesite is 79; is
that correct?
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MS. KILGORE: Correct.
COMMISSIONER WILLIAMS: And when we talked with
Mr. Odom, you and I and Mr. Odom, we talked about the
possibility of having essentially an emergency vehicle
turnaround, whatever radius is necessary for that purpose, on
Lot 79.
MS. KILGORE: Correct.
COMMISSIONER WILLIAMS: Is that correct?
MS. KILGORE: Correct.
COMMISSIONER WILLIAMS: That's my recollection.
MS. KILGORE: Yes.
COMMISSIONER WILLIAMS: Okay. So, that's what
we're asking the Court today, right?
MS. HARDIN: Right.
COMMISSIONER WILLIAMS: That we be allowed to go
ahead and provide that emergency services turnaround on Lot
79, an easement on Ms. Kilgore's property, okay, just so
everybody understands. I have no problem with it. Mr. Odom
has no problem with it, and apparently that would take care
of the concerns of the neighbors who did not want any more
easements on their property, or any easements at all; is that
correct?
MS. KILGORE: Correct.
COMMISSIONER BALDWIN: Well, the -- this language
of the neighbor considering that it was his property, is that
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-- is that before we made this decision?
COMMISSIONER WILLIAMS: I'm not sure I understand.
COMMISSIONER BALDWIN: Truby, you said something
about one of the neighbors -- gentleman -- I don't think you
named him, but the person that was opposed to the cul-de-sac
because he felt like that it was his property.
MS. HARDIN: Yes, but we're talking about the
original platted cul-de-sac.
COMMISSIONER BALDWIN: Okay. So, this is something
that's beyond that issue?
COMMISSIONER WILLIAMS: Yes, that's correct.
COMMISSIONER BALDWIN: And now we've gone strictly
on Ms. Kilgore's property, 100 percent? Or --
MS. KILGORE: Basically, what I'm asking the Court
to approve is moving the platted cul-de-sac, which was on the
county deed that he signed when he bought the property,
completely off of his property, and allow me to put in -- I
have -- I have a much smaller lot, obviously. I don't think
it can handle a big neighborhood cul-de-sac when there's
three little houses over 7 and a half acres. But to put in
whatever the County -- and Mr. Odom said he'd work with me to
put in a small turnaround that my -- my property can hold,
and it will end at my property. It will not penetrate to the
lots beyond my property, which the landowner's adamantly
against. Adamantly.
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JUDGE TINLEY: Let me -- let me see if I've got a
grasp of this.
MS. KILGORE: Sure.
JUDGE TINLEY: You formerly owned all of that
property; is that correct?
MS. KILGORE: I did.
JUDGE TINLEY: And the two larger lots that are
indicated in the material before us, you sold to the present
owner who is adamantly opposed?
MS. KILGORE: Correct.
JUDGE TINLEY: Okay. And at the time you sold to
him, had this property been replatted as indicated back in
September of -- when?
MS. KILGORE: '06.
JUDGE TINLEY: '06?
COMMISSIONER WILLIAMS: Yeah. They came before the
Court, Judge.
JUDGE TINLEY: Okay. And you replatted, and then
you sold the property to this individual?
MS. KILGORE: Yes. It was all platted. It had
been Lots 79 through 83. It became 79, 81, and 83R. What I
came to you two years ago for was to request a variance on
the 1-acre septic.
JUDGE TINLEY: Because of the 0.67-acre tract.
MS. KILGORE: Right, that I -- that I was hoping to
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have. And you agreed to that, provided I could bring an
engineer -- septic engineer study that showed a septic which
would fit, which it does fine.
JUDGE TINLEY: Mm-hmm. Well, --
MS. KILGORE: And --
JUDGE TINLEY: -- where I'm coming from,
Ms. Kilgore, is if you replatted this property, and in doing
so, provided for a 50-foot radius cul-de-sac, and thereafter
sold your property to a third-party buyer pursuant to that
plat, unless there's something on that plat that I don't
anticipate, adamantly opposed or not, your neighbor has no
right to complain, and the County has the right to build a
50-foot cul-de-sac there, whether he likes it or not.
COMMISSIONER BALDWIN: That's what I'm talking
about.
MS. KILGORE: I understand that, sir. My point
would be, it makes very difficult for me living next door to
a person who is intensely angry, and two, it's a little
county lane serving basically a dead-end road of one house
beyond mine. And the original plat in '79 wasn't platted
correctly, in that it's -- how wide? -- 25 instead of
50 feet. So, basically, what you have starting at Lot 79, or
right when Woodland Road makes the turn, is a little country
lane. If an emergency vehicle needed to get in there --
Mr. Williams has seen the property. There's plenty of room
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to do that, without hurting a tree, without, you know, going
in a ditch. There's plenty of -- that's bottom -- good
bottom river land. You know, there's plenty of space there
for an emergency vehicle to get in. But it's going to cause
me a lifetime of woe.
JUDGE TINLEY: Well, what I'm suggesting to you,
Ms. Kilgore, is that if he's got anybody to be mad at, he
ought to be mad at himself, because if he bought pursuant to
this plat, he took subject to all of the terms of it, and
there's dedicated to the public that cul-de-sac that's shown
on that plat, and so be it. It sounds to me like he
doesn't -- he's going to be mad at anybody that's within
1,000 yards of him.
MS. KILGORE: Yes, sir.
JUDGE TINLEY: Just because he's -- how old is this
gentleman?
MS. KILGORE: He's about 60.
JUDGE TINLEY: Okay. Well, --
COMMISSIONER BALDWIN: Let's don't knock that.
JUDGE TINLEY: -- he won't last forever.
MS. KILGORE: Without recounting a lot of woes,
I'll have to tell you, it's going to cause me a lot of grief.
It has been a relentless assault on my ability to build my
home. It's a lot of grief.
JUDGE TINLEY: Well, depending upon the type of
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grief he may be causing, you may want to talk to that
gentleman right there.
COMMISSIONER BALDWIN: The one with the gun?
JUDGE TINLEY: Yeah, the one with the gun.
COMMISSIONER LETZ: Or the one next to him.
COMMISSIONER BALDWIN: Or the one next to him.
SHERIFF HIERHOLZER: The one next to him is civil.
Got to fit the statute.
MS. KILGORE: I think a great big cul-de-sac there
is overkill. If you saw the property -- Mr. Williams can
address that. I mean, you know, it's --
COMMISSIONER WILLIAMS: The right-of-way that's
shown on Lots 79 and 83 for the road itself, that's still
intact and will continue to be intact. That's what we're
saying, is it not? Is that correct, Truby?
MS. HARDIN: I'm sorry?
MS. KILGORE: The right-of-way on 79 will still be
there, yes.
COMMISSIONER
right-of-way on both f~
MS. KILGORE:
COMMISSIONER
MS. HARDIN:
MS. KILGORE:
according to the plat.
WILLIAMS: And 83. There's
~r the road -- for roadway.
Well, there's a road there.
WILLIAMS: Right.
But --
The County didn't pave that road
The County paved where an informal
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driveway had been. The -- the platted county road, quote,
unquote, is not according to the plat anyway. They were kind
enough to come in and pave, and they paved where -- where we
had been driving.
MS. HARDIN: Right.
JUDGE TINLEY: Is this a "For Sale" sign I see in
front of his house?
MS. KILGORE: Yes.
JUDGE TINLEY: That's probably the best thing to
happen to you in a long -- no, that shows a contractor. Is
it, in fact, for sale?
MS. HARDIN: No.
MS. KILGORE: There's a contractor's sign in front
of my house, but there's a "For Sale" sign in front of his.
JUDGE TINLEY: Okay.
MS. KILGORE: I'm hopeful. (Laughter.)
JUDGE TINLEY: Like to encourage whatever activity
might be available, right?
COMMISSIONER WILLIAMS: Maybe.
MS. HARDIN: Hers is the house on the front page of
the photographs.
I COMMISSIONER WILLIAMS: Say it again?
II MS. HARDIN: Her home is the one that's on the
front page of the photographs.
COMMISSIONER WILLIAMS: Right, okay.
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MS. HARDIN: And then on the second page -- y'all
don't have it in color, but there's a construction fence near
the back of the property which would be close to his property
line. So, all of the land in front of that fence is the open
area that she was talking about. He also has fence -- where
the board fence is is part of where the cul-de-sac would be.
JUDGE TINLEY: The board fence is in the
right-of-way on our plat?
MS. HARDIN: Yes.
COMMISSIONER WILLIAMS: Whose fence is that?
MS. KILGORE: His.
MS. HARDIN: His.
COMMISSIONER WILLIAMS: Well, looks like we got
some problems with him.
MS. HARDIN: If you look at that -- where that
fence is, that is where the center of the cul-de-sac would be
if you -- if you put -- if you built the platted cul-de-sac.
JUDGE TINLEY: The corner of that fence is out
in -- where, the corner of the cul-de-sac?
MS. KILGORE: No, the construction fence. Oh,
between -- well, on your drawing, if you look at the mesh
fence that we just fenced off so that construction vehicles
wouldn't go on their property, and then you see the split
rail sort of fence that has the "For Sale" sign, the
cul-de-sac is platted to be right about between those two.
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COMMISSIONER LETZ: But can -- could the cul-de-sac
not be moved this way, to be less obtrusive? Why don't we do
that? I mean, I'm not --
COMMISSIONER WILLIAMS: Which way, Jon? I can't
see what you're talking about.
COMMISSIONER LETZ: Move the cul-de-sac this way
towards up in here.
COMMISSIONER WILLIAMS: To where the road makes the
I bend?
MS. HARDIN: Basically, that's what she's asking,
only she's asking to build it over to her side of the roadway
instead of his side of the roadway.
JUDGE TINLEY: Well, if we build it all over on her
side, the way it is done here, it's going to materially
impact usable land that she's got. If we bring it right
straight back, it's going to be on a portion of the lot that
she's sold to Mr. Wonderful, and, you know, we'd have to get
his approval. I would think he'd probably be -- be agreeable
to that, as opposed to the way it is now. If he's agreeable
to anything.
MS. KILGORE: Not much.
JUDGE TINLEY: I see. Well --
MS. KILGORE: Mr. Odom and Mr. Williams
suggested -- I think you can speak for yourself more than I
can -- that we might put in a half a cul-de-sac on my
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property, which will be okay. I can tie my driveway into it.
It won't take out a tree or be injurious to the drip line of
a tree.
COMMISSIONER WILLIAMS: On the left-hand side of
your property.
MS. KILGORE: So, if you entered -- if you entered
into Woodland Road, a turnaround for an emergency vehicle
would be paved in, say, a half moon in front of my house. If
an emergency vehicle ever had to really get in there, that
would probably be sufficient turnaround, but if not, that
area -- that kind of dead area in front that's my neighbor's
land could be a turnaround place.
COMMISSIONER WILLIAMS: How big a cul-de-sac did we
say, Truby? Did Leonard --
MS. HARDIN: We didn't get numbers.
COMMISSIONER WILLIAMS: Don't know what the radius
would be?
MS. HARDIN: If you're talking about for --
correct.
COMMISSIONER LETZ: Why can't we do that? Replat
it like that, and let's move on. Or something -- you know,
maybe -- we obviously don't have the scale there. Pull the
cul-de-sac back up towards the road. It's going to impact
less of his property. 'Cause right now, you're saying it's
going across where his wooden fence is. I would think this
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is pulling it away from that open land in front of his wooden
fence.
MS. HARDIN: So, do a revision of plat? We were
trying -- okay.
COMMISSIONER WILLIAMS: Let me see that drawing.
JUDGE TINLEY: Incidentally, is there anyone here
that purports to be acting on behalf of the other property
owner in this situation?
(No response.)
JUDGE TINLEY: Apparently wasn't interested.
MR. EMERSON: Before you do anything to impact his
property, I think you need to give him an opportunity to
respond.
JUDGE TINLEY: Mm-hmm.
i
COMMISSIONER LETZ: Yeah, there'll have to be a
revision of plat. We couldn't do it today. But, I mean, he
has a choice. As I see it, we can build it where it is,
which is going to impact him a lot to take down his fences,
or he can agree to pull the whole thing back, which helps
everybody.
COMMISSIONER WILLIAMS: Karen, the one that -- the
resident neighbor that's giving you the most heartburn is the
one that lives on 81R, right? Your old residence?
MS. KILGORE: Yes.
COMMISSIONER WILLIAMS: Not the one that's on 83?
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MS. KILGORE: No, the one on 83 would be very happy
for the cul-de-sac to be --
COMMISSIONER WILLIAMS: Well, then this is the
answer, 50 percent on yours and 50 percent on 83.
JUDGE TINLEY: I think the answer immediately is to
secure our right-of-way as shown by the plat, that all the
buyers took notice -- took notice of when they purchased
their property.
MS. KILGORE: Mr. Williams pointed that out to one
of the people who called to say that I lied. Why I would lie
to someone I plan to live next to for 30 years, or lie at
all, is beyond my understanding. But he's recreated the
truth in his mind of the transaction, and nothing --
COMMISSIONER WILLIAMS: That's right; I did point
I that out.
MS. KILGORE: -- and nothing will change that.
COMMISSIONER LETZ: Well, but it's -- I mean,
that's -- you have a difficult neighbor, but the title
company -- he should have had it surveyed; he should have had
a title company, and they should have noted where everything
is. So, I mean --
COMMISSIONER BALDWIN: My question is, has this guy
encroached on public property?
JUDGE TINLEY: Yes.
25 I COMMISSIONER LETZ: Yes.
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COMMISSIONER	WILLIAMS:	Yes,	he	did.
COMMISSIONER	BALDWIN:	Well,	we	need to get that
I corrected.
JUDGE TINLEY: Mm-hmm. That's where I am.
COMMISSIONER BALDWIN: That's where I am.
MS. KILGORE: Well, he did have "Private Drive"
signs up, too, which --
COMMISSIONER LETZ: You can't do that either.
JUDGE TINLEY: Limitations does not run against the
government, Ms. Kilgore.
MS. KILGORE: Ms. Hardin had those -- pardon me,
sir?
JUDGE TINLEY: Limitations does not run against the
government.
COMMISSIONER LETZ: But, Ms. Kilgore, I think that,
you know, from -- it's obviously difficult between you and
that neighbor. I would suggest Road and Bridge be the
contact, and you stay out of it right now. This is a Road
and Bridge issue, in my mind.
COMMISSIONER WILLIAMS: It's an issue -- it's a
County issue. Not --
COMMISSIONER LETZ: Not a private issue. I mean --
JUDGE TINLEY: I don't think you should have to
give up more of your property because you have a disagreeable
neighbor who decides he didn't like what he bought, that he
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had full notice of.
MS. KILGORE: Okay.
JUDGE TINLEY: That property --
MS. KILGORE: I'll do whatever you say. I just
would like to say that "disagreeable" hardly describes it.
COMMISSIONER WILLIAMS: Well, maybe if the County
gets its nose into it -- maybe if the County gets its nose
into it more deeply, instead of you trying to solve the
problem, because of what's transpired, it might spur on that
"For Sale" sign.
MS. KILGORE: Okay. I hope my house isn't torched.
MS. HARDIN: So --
COMMISSIONER WILLIAMS: We'll send Mr. Odom back
out there, and I'll go with him if necessary.
MS. HARDIN: So, your instructions are that she go
ahead and build a cul-de-sac as it is platted now?
COMMISSIONER WILLIAMS: Let's see if we can make
happen what's happened, and get fences off the county
right-of-way and so forth.
COMMISSIONER LETZ: Or move it -- if y'all -- if
all three parties agree to do a revision of plat and move it
back --
MS. KILGORE: I would -- I would -- even if there
weren't an angry neighbor, I'm fine with it being closer to
my driveway. You know, that gives me a turnaround right at
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my driveway. It's more convenient for me as you just drew
it, this -- this way.
COMMISSIONER LETZ: As long as it can meet the
specs, I think that would be pretty close right there.
COMMISSIONER WILLIAMS: I'm okay with that.
MS. KILGORE: There is a dry creek there. I don't
know what the --
COMMISSIONER WILLIAMS: What's the process for
that, Truby?
COMMISSIONER LETZ: Revision of plat.
MS. HARDIN: I'm sorry, I didn't hear you.
COMMISSIONER WILLIAMS: If we -- who did the
original work? Brandenberg?
MS. KILGORE: Brandenberg.
COMMISSIONER WILLIAMS: He needs to redraw it,
bring it back that way. We can set up a meeting with Mr. --
whoever that man is. Mr. Odom and myself will take care of
that.
MS. KILGORE: Okay.
MS. HARDIN: We can try to set it up where he can
come to our office, and you and Mr. Odom can meet with him in
our office.
COMMISSIONER WILLIAMS: Sure.
MS. HARDIN: Let's try that.
COMMISSIONER WILLIAMS: We'll be the buffer, not
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stage for the meeting.
JUDGE TINLEY: Might make things a little easier.
COMMISSIONER WILLIAMS: Gives the man a reason to
Thank you.
JUDGE TINLEY: Okay. Let's go to Item 9, if we
might; consider, discuss, take appropriate action to
authorize Request for Proposals for bids to replace
approximately 77 windows in original Kerr County Courthouse,
and renovation or replacement of front door to courthouse and
side entry door on Sidney Baker. I put this on the agenda.
If the Court will recall, at an earlier meeting, the Court
wanted to explore the replacement of the windows, as opposed
to continually looking at restoration, I'll call it for lack
of a better term. And per the Court's instructions,
Mr. Bollier, the Auditor, and myself worked to put together
the general specs to go out, and they're attached, and I
think it's ready to go out on a Request for Proposals.
COMMISSIONER LETZ: And this allows for either
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renovation or replacement? We can -- we can get hopefully
both options?
JUDGE TINLEY: Well, we've got the -- the
historical renovations. We had some specifics that we
brought to the Court. Those were estimates, of course, last
time. And the Court's leaning, at least as I interpreted,
was to take a real specific look at the replacement so that
we didn't have this ongoing issue of -- of continuing
renovation, renovation, renovation over the years. So,
that's what this -- this goes for re -- the replacement of
the windows. And as to the doors, those are either
renovation or replacement. There's options on the bid.
COMMISSIONER BALDWIN: Well, we're going to have --
I'm a little bit concerned about this replacement of front
door.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: I would assume -- or I would
hope that we had the opportunity to discuss this replacement
of the front door, even -- even after we go out for the
RFP's.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: I don't know. Just
replace -- number one, the historical crowd in Austin was
really screaming about that. I mean, I know some of us
couldn't care less what they think, but nevertheless, it's
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screaming. And I kind of like those old doors, too.
JUDGE TINLEY: Well --
COMMISSIONER BALDWIN: If there's a better way to
fix them, then I would rather do that than replace.
JUDGE TINLEY: On the doors, we have specified two
options. One would be replace. Second option would be to
renovate and retrofit with energy-saving devices. That's
what we've done on the doors, with the idea in mind that in
all probability, we're probably going to want to save those
front doors. The windows, the -- the specs call for total
replacement, either fixed or double sash.
COMMISSIONER BALDWIN: I'm there with you on that
one.
JUDGE TINLEY: But on the doors, we've got options
there.
COMMISSIONER BALDWIN: Okay, very good.
COMMISSIONER WILLIAMS: So we just need a motion to
go out for an RFP.
JUDGE TINLEY: Yeah, to let the RFP fly.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: 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: That motion does carry. Let's go to
Item 10; consider, discuss, and take appropriate action on
implementation of the burn ban. I think it's that time of
year again.
COMMISSIONER LETZ: Move approval that we implement
the burn ban for 90 days.
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. As
indicated on the agenda, I've scheduled a recess for 9:45.
It is that time now, so we'll be in recess until 10 a.m.
(Recess taken from 9:45 to 10:02 a.m.)
(Judge Tinley not present.)
COMMISSIONER BALDWIN: We're going to bring the
Commissioners Court back into session, please. Commissioners
Court's back into session. We had a timed item, but we're
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going to skip over that and just real quickly go to Item
1.11; consider, discuss, and take appropriate action on
giving notice to the City of Kerrville on potential
cancellation of the Interlocal Cooperation Agreement Between
Kerr County and the City of Kerrville for Regulation of
Subdivisions Within the City of Kerrville's Extraterritorial
Jurisdiction. Commissioner Letz.
COMMISSIONER LETZ: Yes. Many of you will probably
that everything was going to work out. And then, I guess, a
couple weeks ago, maybe a week ago, property owners met with
the Judge and myself, who have property in the ETJ. The
Krausses are in the audience. They were being required to
add some fire service to a commercial building in the ETJ,
and asked what we thought about that. The Judge and I said,
well, we don't think you -- they can do that, and sent them
back to the City, and the City basically told them, as I
understand it, that, yes, they can do it, and they're going
to do it. And upon that, I said, well, then, I think it's
time to put this back on the agenda and give notice to the
City of our intent to cancel the agreement. Which, again,
it's a 90-day cancellation clause.
Buster and I negotiated this deal several years
ago. It keeps on coming up with problems, and when we
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negotiated, there was two items that were not going to be
basically the same as our county subdivision rules; one,
streetlights, and street signs. Other than that, we were
assured by City staff -- and I can't remember; I think we had
City Councilmen in the room with us. I know we had
Mr. Hofmann and other people from Planning and Zoning and
building departments, that that's what they agreed to. And
they continue to impose other regulations in the ETJ based on
their rules, the rural subdivision rules, we which we did not
agree to. I just think we need to get this settled. I make
a motion we give notice to City of Kerrville of cancellation
of our interlocal cooperation agreement between Kerr County
and City of Kerrville for regulation of subdivisions within
the City of Kerrville's ETJ.
COMMISSIONER WILLIAMS: I'll second it, but I want
to ask a question.
COMMISSIONER LETZ: Sure.
COMMISSIONER BALDWIN: Motion and a second.
Questions?
COMMISSIONER WILLIAMS: Section 4D of the -- is it
a resolution or an interlocal? Whatever it is, 4D refers to
the City reviewing the County's rural subdivision regs, as
such exist on the date of execution of the agreement. During
the review, the City takes public input -- blab, blab, blab.
And following such review, but in no case later than June 30,
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know -- I think Jody told me that the Judge received a
document from Mike Hayes, I guess, Friday. And I note that
the Judge made some comments in here, and they did that --
where's our original agreement? Section 4 of their -- this
is the City Ordinance change. The provisions of this
of ordinances governing or regulating the same subject matter
that are covered herein. In the Judge's handwriting, -- I
presume that's his handwriting -- "They take the position
that this incorporates all the plat subdivision rules of the
city. If so, there's a problem. This is not what you agreed
to." And that's basically what they're doing, as I see it.
And my understanding is, they're -- they adopted an
ordinance, but they did not adopt it in accordance to our
subdivision rules. They just did what they wanted.
COMMISSIONER WILLIAMS: That's really my question.
So, I'm -- I have no problem with sending a cancellation
notice. Where's that take us, then?
COMMISSIONER LETZ: It means it gets sent back and
they sit down with us again and they can either redo their
ordinance in accordance with what we agreed to, in my mind,
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or we, I think, have two options. We can either divide up
the ETJ or go to arbitration. Those are the options under
state law. But they cannot unilaterally do what they are
doing.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: Any further comments? All
in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: Any opposed?
(No response.)
COMMISSIONER BALDWIN: Zero. Thank you. All
right. We're going to go back to that timed item now.
10 o'clock, 1.6; consider, discuss, and take appropriate
action on budget request from the Kerr County Historical
Commission. Mr. Joseph Luther. Mr. Luther?
MR. LUTHER: Good morning, Commissioners.
COMMISSIONER BALDWIN: Joe, I got to ask you a
~ question.
MR. LUTHER: Yes?
COMMISSIONER BALDWIN: I'm curious about something.
The Judge and I were visiting this morning, and we're curious
as to why the Historical Commission's budget is not rolled
into the county budget just like everybody else.
MR. LUTHER: I have -- I have no idea, Mr. Baldwin.
COMMISSIONER BALDWIN: Okay.
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MR. LUTHER: I inherited this.
COMMISSIONER BALDWIN: Okay.
MR. LUTHER: I can't tell you the last time the
budget was formally requested. It just seems to appear. And
I myself looked through the County's budget trying to find it
as an item, and --
COMMISSIONER WILLIAMS: General Schellhase used to
present a budget, but he would do so during our budget
workshops, not during a regular structured Commissioners
Court meeting. There is a place for this.
MR. LUTHER: I thought this was the place.
COMMISSIONER WILLIAMS: It is the place, but not
the time. We do it during workshops where we take up all
aspects of the county budget.
MR. LUTHER: Oh.
COMMISSIONER WILLIAMS: This is only one aspect.
MR. LUTHER: I had asked for that, and it was, I
think, a scheduling issue. And I'm sorry; I thought that's
where I was today.
COMMISSIONER BALDWIN: Proceed, sir.
MR. LUTHER: Thank you. General Schellhase
obviously presented a budget to you some time ago; I think a
couple of years ago, maybe. Last year I had requested a
budget increase, but it was totally out of cycle. There was
apparently three different calendars running on this thing,
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and one is that I'm supposed to submit a budget and a plan of
work as part of my annual report that I present to the
Commission in late December and early January, and which is
way off the mark in terms of your fiscal year. This year I
wanted to make sure that we were covered, so that's why this
document is before you. Secondly, we've undertaken a
completely new approach to budgeting for the Historical
Commission, and that's what we call a programmatic budget.
Rather than saying we need so many dollars for supplies, I
want you to know what we're using the supplies to accomplish.
And so you see that we've gone back to each of the committee
chairs and said, "What are you required to do statutorily?
What does the State want you to do? What do we need to do,
and how much money do you need to do that?" So, you can see
what it is that we're about. I would tell you that, for
example, under Number 4, Executive Committee, which is my
committee, I've spent that much getting ready for this
meeting.
COMMISSIONER BALDWIN: I bet you did.
MR. LUTHER: It goes fast. And you can look
through this, gentlemen, and -- and see exactly where we
propose to spend these moneys and what it is that we intend
to do. Now, I realize that this is a -- a jump up in terms
of the amount of money that we've requested in the past, but
all of it is firmly rational and based upon need, and not
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just whimsy and caprice. And I would note that we're asking
for a total of $6,250. How does that compare to other
places? In counties, I will say that in the model budget
format that's in the Texas State Historical Commission
grants task force that is working hard to get us some
external funding. We've got a kind of an interesting dilemma
right now, that our external fundraising is tied up in
getting the fence for the Union Church, and it's very
difficult to divert money away from that, given the people
who have pledged money to support that endeavor, and we're --
we're desperately trying to find a solution to that dilemma.
The church seems to have taken most of our external funding
for the last "mmmm" years before I was here, and pretty soon
we're going to reach a point where we have to move on and
raise money for other purposes. I'll be happy to answer
any -- any questions about this.
COMMISSIONER BALDWIN: I'll tell -- go ahead.
COMMISSIONER LETZ: Where are your -- this is the
request, which is -- I mean, it's a pretty all-inclusive
looking budget for your, basically, operations. But don't
y'all have membership fees?
MR. LUTHER: No. No.
COMMISSIONER LETZ: You don't?
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MR. LUTHER: These people -- there's two classes of
what we call the board of directors, who are appointed by you
folks for a term of office, and they are working as volunteer
citizens. A rough estimate, I would say, of the value of
$100,000 per year, of their time and equipment and mileage
and that sort of thing that they're donating to this effort.
We, this year, have started another class, which is a general
membership for people who are interested, but can't devote a
great deal of time to it, and quite honestly, don't need to
be appointed by County Commissioners; we just carry them
loosely, but there's no membership. If you had a historical
society, for example, that was different than this
governmental agency that we're operating, if they unite as a
501(c)(3), they might very well have a membership fee. I sat
down in a meeting the other day for the Comfort Historic
Preservation Society, and they went through their budget, and
they had a balance of $48,000. So, we're kind of stuck with
this horse that we're riding right now.
COMMISSIONER LETZ: I mean, it seems to me that by
doing a membership drive, there's a lot of people in the
community that would give a $10 or $20 donation if asked.
MR. LUTHER: Well, but there are other people on
our Commission who want that $10 or $20 to go to the fence
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Historic Preservation Society, which is the separate,
distinct, nonprofit arm -- fundraising arm of this group.
It's -- it's touchy. Now, at the same time, when I go to
workshops with the people at the State about how to run a
county historic preservation committee, they say you should
not have more than 12 people on your board of directors.
Well, I've got 23 right now, but we're down from 84. You
know, it's kind of hard to herd those geese. And I intend to
deal with that through attri -- not attribution.
MS. GRINSTEAD: Attrition.
MR. LUTHER: Attrition, thank you. And move more
people into the general membership roles. And I have talked
to some of you about this. There's some people I just cannot
move off of the board at this time. We've just got to let
things take their course.
COMMISSIONER WILLIAMS: I think, Commissioner,
there's something in the law that prohibits the Commission
itself from fundraising. That's why they created the
Friends. If you'll recall, the Friends is the group that
raised the money for the Union Church -- restoration of Union
Church.
COMMISSIONER LETZ: But the -- the Friends could
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do -- or maybe they could do a membership.
MR. LUTHER: Well, they're talking about doing a
membership.
COMMISSIONER LETZ: Because -- I mean, and they --
and that entity could donate funds to the Commission,
correct?
COMMISSIONER WILLIAMS: Oh, yeah. And that's
what's happened in the past.
COMMISSIONER LETZ: Right.
MR. LUTHER: If we can get it away from the -- the
dollar amount left to finish the fence is $80,000. I mean,
this is the 200-pound gorilla in the room. So -- and even
our grant efforts seems to be geared in that general
direction.
COMMISSIONER WILLIAMS: I have a couple
questions, --
MR. LUTHER: Yes, sir.
COMMISSIONER WILLIAMS: -- Mr. Luther, with respect
to some of the elements in your -- in your budget. And I
think -- I think the thorough discussion of this needs to go
to a budget workshop, but I have a couple questions. What
would the finance committee be spending $650 for, since the
finances -- finances of the Historical Commission, which, if
granted, would be $6,250, are handled by the Auditor?
MR. LUTHER: That is money to be spent to attend
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training, a workshop in Austin that Sue Dyke did this year.
COMMISSIONER WILLIAMS: That's grant writing,
you're talking about?
MR. LUTHER: Yes. And that's a subset of the
finance committee.
COMMISSIONER WILLIAMS: Okay. Second question has
to do with oral history.
MR. LUTHER: Yes, sir.
COMMISSIONER WILLIAMS: How much does it cost to
record the history of an individual?
MR. LUTHER: Separate breakout for each one, I've
got that. I think it was -- we have to include in that
transcription cost, and that's the major portion of it, is
paying somebody to transcribe the -- we record these now
digitally with a video camera. But to complete transcripts
in an archival setting, she wants to do 12, so if you take
2,000 and divide it by 12, that's what we come out with for
cost for each one.
COMMISSIONER WILLIAMS: Part of my question has to
do with individuals, particularly one individual. Have you
scheduled or do you plan to schedule Clyde Parker?
MR. LUTHER: We have tried, a couple of times.
He's sort of --
COMMISSIONER WILLIAMS: Elusive.
MR. LUTHER: Thank you. I kept coming with up with
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"slippery," but elusive's a better word.
COMMISSIONER WILLIAMS: Slippery is not elusive.
MR. LUTHER: I have to say that this is just sort
of a critical time, because there are a lot of people, like
Gene Locke and others who are up in their '80's, and they're
not going to be here forever.
COMMISSIONER WILLIAMS: Well, Clyde's in his 90's.
That's the reason I asked the question.
MR. LUTHER: And while I talked to him the other
day down at a local luncheon place, and, you know, "Oh, yeah,
yeah, yeah," but when you try to pin him down on it, it's
tough.
COMMISSIONER WILLIAMS: He's a walking history
I book.
MR. LUTHER: Yes. Well, you know, we need to get
these people recorded, because they sort of represent a
different era. My father, for example, I wish I had an oral
history on him, because when he was a boy, there were no
lights, there was no indoor plumbing. He saw one of the
Wright brothers fly, and he saw a man step on the moon in the
span of his lifetime. And I think stories like that about
Kerr County we really need to have. And Fuzzy Swayze is
another one that we just got done recently. But these folks
are disappearing pretty rapidly.
COMMISSIONER BALDWIN: Joe, what we're going to do
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is, the County Judge is the chief financial officer --
MR. LUTHER: Yes, sir.
COMMISSIONER BALDWIN: -- by law, and runs the
budget. And so I will see that he -- and I know he has this
information, but I -- we will make sure that he does, in his
hands, and between him and the Auditor, we'll get it plugged
in.
MR. LUTHER: Okay. I'm -- I apologize.
COMMISSIONER BALDWIN: That's okay. It's okay,
I but --
MR. LUTHER: I thought that's what I was doing, was
a budget workshop today.
COMMISSIONER BALDWIN: Yeah. No, but that's all
right. And then he will deal with you in his own way, and
then it'll probably -- it will come back to us in a -- in a
Commissioners Court workshop.
MR. LUTHER: Good.
COMMISSIONER LETZ: I think the amount that's in
the budget right now is 3,000?
MR. LUTHER: Thirty-five.
COMMISSIONER LETZ: 3,500.
COMMISSIONER WILLIAMS: About half of what is
asked, yeah.
COMMISSIONER BALDWIN: Things happen. Anything
else on item 1.6? Let's go to Item 1.7; consider, discuss,
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and take appropriate action on request from Kerr County
Historical Commission to move three historical markers.
Mr. Luther?
MR. LUTHER: Thank you, Commissioner Baldwin. This
is a good thing. All three of these markers were installed
in 1936, before there was a State Historical Commission or
state historical markers. All of them now are located in
inappropriate places, and let's take the big one first, and
that's Marker 2929, which is for Kerr County itself, and I'm
sure you've noticed this. It's sitting forlornly out on
Highway 27 --
COMMISSIONER WILLIAMS: Where is that, Guadalupe
Heights? Is that where it is?
MR. LUTHER: Yes. Yes, beside the road. I'm not
sure how many people see this. It's on TexDOT property. And
I might point out that Mike Coward, the Highway District
Engineer, is here with us today and can speak to this. He is
willing to let us move that. My idea about where to move it,
because it is an attractive monument out of a big block of
granite, is to place it in your flower bed where the old tree
used to be out here by the front door, so people coming to
the courthouse are greeted by this historical marker, and so
the cost merely becomes picking it up and bringing it over
here and sitting it down. And --
COMMISSIONER BALDWIN: That's a cost to who?
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~ County.
MR. LUTHER: I would say in this case, it's the
COMMISSIONER BALDWIN: Okay.
MR. LUTHER: Out of three markers we have -- and
Mike will have to speak to this. If we're moving it from
TexDOT to TexDOT, he's willing to pay the cost on that. And
if we're moving from it TexDOT to the county courthouse
campus, I think the County should step up and -- and pay for
that.
	COMMISSIONER	BALDWIN: I'm in agreement, so that we
can se	t it and put it	--
	MR. LUTHER:	Yes.
	COMMISSIONER	OEHLER: How big is this thing?
	MR. LUTHER:	It's about the size of this podium.
	COMMISSIONER	WILLIAMS: Pretty good size granite.
	COMMISSIONER	OEHLER: Road and Bridge could go out
there	with a loader, p	ut a strap around it, and come back
here a	nd set it up.	
	MR. LUTHER:	A little shorter.
	COMMISSIONER	BALDWIN: I couldn't agree with you
more.	I think it's a	perfect place.
	MR. LUTHER:	It'll be beautiful.
	COMMISSIONER	OEHLER: Pour a pad -- get Tim to pour
a pad,	and there's no	problem with getting it. There's no
point	in moving it twi	ce.
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COMMISSIONER BALDWIN: Yeah. Okay, that one's
I done .
MR. LUTHER: All right.
COMMISSIONER WILLIAMS: I like the idea of that
one.
MR. LUTHER: Thank you. The next one is the
historical marker that's over by all the traffic
signalization boxes here on the corner. If you are in your
car and you're trying to slow down and read this, good luck.
It's at the intersection, I might say, of two major highways
in Kerrville, 16 and 27. If you look at the photograph in
the material that I gave you, it's just lost there, not to
mention you can't read anything on it, because the paint's
long worn away, but we will take care of that. We would like
to move this -- since it deals with Camp Verde, Confederate
States of America, we would like to move this out to the Camp
Verde area. And there is -- as you can see from the maps
here, that area in front of the Camp Verde General Store
where the picnic grounds is, there's a low-water crossing,
and then up the other side is all excess TexDOT right-of-way.
Now, eventually, I think this would be the area to have a
historic park in there. As you know, I'm -- I'm hot to get a
national historic landmark out in that area, and we've just
got to get a number of people involved in this before we pull
the trigger. But I do want to get on record permission to
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move this CSA marker out there. And, again, Mike can talk to
you; he's willing to move this and set it there, and see
where we go. I think if we get this approved, then we can
come back and try to get money from other sources to develop
that as a -- as a historic roadside park, and on and on and
on.
COMMISSIONER BALDWIN: Joe, this is like that first
one, kind of, that it's a -- it's a Camp Verde marker.
MR. LUTHER: Yes.
COMMISSIONER BALDWIN: And it's here on this
facility, as opposed to being out there where it belongs.
MR. LUTHER: Yes, exactly. But it was set up in
'36. I can't tell you why it was put here, except that was a
long time ago.
COMMISSIONER BALDWIN: And TexDOT -- I mean, I
would have a hard time voting to have it moved to TexDOT's
property without their permission. I mean, we need to know
that they will --
MR. LUTHER: Here's the man right here who would
tell you. Mike, do you want to say anything?
MR. COWARD: Morning, Commissioners.
COMMISSIONER WILLIAMS: Morning, Mike.
MR. COWARD: Mike Coward, TexDOT. When I've been
out to this site with Mr. Luther -- and we're still working
on the exact details, but there is a large area of
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right-of-way that belongs to TexDOT that was where Highway
173 -- or 689, I guess, when it was 689, was located, and we
-- we'd be willing to work with the County and the Historical
Commission to have that moved out there. I think what,
maybe, you know, we kind of are evolving to is maybe you
would maybe not have new entrances on 480 and 173, but just
to use the park, and then have the old bridge maybe be a
pedestrian path that could lead you up to some of these
markers. And, you know, we're happy to do that.
COMMISSIONER WILLIAMS: Mike, are you talking about
the -- we were provided with a Camp Verde CSA marker
relocation with a lot of pictures. On Page 4 of that, it
shows 480, 173, and a large green area.
MR. COWARD: Yes, sir.
COMMISSIONER WILLIAMS: Is that what we're talking
about?
MR. COWARD: Yeah. I think, more specifically,
Commissioner, on Page 2 of his submittal.
COMMISSIONER WILLIAMS: Two?
MR. COWARD: He's got a red arrow that kind of
points to a high area that exists up there. I think
Mr. Luther -- I mean, the park would be an excellent place
for these, but the fact is, the park -- when it used to rain
in Kerr County, the park would flood. I think last year,
that water went over the top of the bridge about this time
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last year.
COMMISSIONER WILLIAMS: But the park is not TexDOT.
It's private, right?
MR. LUTHER: It's next to the --
MR. COWARD: I think it's a TexDOT park, and we
maintain the park.
COMMISSIONER WILLIAMS: Pardon?
MR. COWARD: It's in the old right-of-way. I mean,
we clean the park. We own the park.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: I think the store owns right
I next to it.
COMMISSIONER WILLIAMS: Okay. Okay.
COMMISSIONER LETZ: There's a cul-de-sac drive
that's TexDOT, and that kind of marks the boundary.
MR. LUTHER: Absolutely correct.
COMMISSIONER WILLIAMS: Okay.
MR. COWARD: But, yeah. I mean, I just came here
to assure you that we -- you know, we are happy to
participate and happy to help move these.
COMMISSIONER LETZ: I think it's a great idea. I
would like to -- even if the rest of the discussions about
Camp Verde don't happen, this is a good idea. But I hate to
see it being moved until the time is -- you know exactly
where you want it and what's going to be done about the
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actual right-of-way. I think I'm in favor of doing it, but I
don't want to do it until everything else --
MR. LUTHER: I just wanted to get our ducks in a
row before we started that action.
COMMISSIONER LETZ: Okay. All right.
COMMISSIONER WILLIAMS: What about the third one?
COMMISSIONER BALDWIN: Number 3.
MR. LUTHER: Number 3 is much related to that. As
you may be aware, down in the picnic grounds, the park
itself, is a lonely little marker that's just kind of welded
to a steel beam. It was re -- it was relocated from
someplace else, but it's in the floodway, and I'm sure it's
been bashed round. That's the reason it's located the way it
is. It's mounted horizontally, so you have to walk up on it
and look down to even know it's a state historical marker.
We'd like to move this out of the floodway and up on the hill
where this other marker would be, so we begin to get a
collection of historic markers in that area. And, again,
Commissioner Letz, this is just preparing the way so we can
come back and -- and say, "Well we've got permission to move
these markers. How shall we -- how shall we arrange this?"
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: My only question is, I'm not
sure that we have any authority in any of that right there.
But, whatever.
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MR. LUTHER: Well, in the sense that we're a
department of the county, I'm here.
COMMISSIONER BALDWIN: Okay.
MR. LUTHER: For advice and consent.
COMMISSIONER BALDWIN: So, let's do a motion that
lists those three moves. Bill, do you want to fire a shot at
it?
COMMISSIONER WILLIAMS: Sure. I would -- let me
take a look at the agenda item here real quick. I would move
that Commissioners Court -- we can't authorize, but we can
~ agree to.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: We can't authorize anything
that's going to be moved on TexDOT property. We can
authorize the one that's coming here.
MR. LUTHER: Yes.
COMMISSIONER WILLIAMS: On county property. So, I
would move that we authorize the movement of -- of Marker
Number 2929 from its current location in Guadalupe Heights to
the Kerr County Courthouse grounds, and instruct Road and
Bridge to work with the Historical Commission to effect the
movement. That's motion one.
COMMISSIONER BALDWIN: Okay. You're going to do
them separately? Okay.
COMMISSIONER OEHLER: Second.
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COMMISSIONER BALDWIN: There's a second. All in
favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
I carries.
COMMISSIONER WILLIAMS: That takes care of that
one.
MR. LUTHER: Thank you.
COMMISSIONER WILLIAMS: I would move, Commissioner,
that -- that Commissioners Court agree with the request of
the Historical Commission to work with TexDOT to effect the
movement of the Camp Verde marker from its vicinity located
on the corner of 16 and 27 in City of Kerrville to a new
location to be designated by TexDOT in the vicinity of the
Camp Verde General Store.
COMMISSIONER BALDWIN: Motion. Is there a second?
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second. All in favor,
please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Item 3?
COMMISSIONER WILLIAMS: Motion number 3.
COMMISSIONER BALDWIN: To move the one out of the
state roadside park.
COMMISSIONER WILLIAMS: Okay, to reposition. I
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would move that Commissioners Court agree with the Historical
Commission's intent to move Marker Number 4748, I believe,
from its current pedestal location to a more prominent
location in the vicinity of Camp Verde Store, again working
with TexDOT to secure the location.
COMMISSIONER OEHLER: Second.
COMMISSIONER BALDWIN: And there's a second. All
in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
carries. Thank you, sir.
MR. LUTHER: Thank you, gentlemen.
COMMISSIONER WILLIAMS: We'll see you at the budget
workshop.
MR. LUTHER: Okay.
COMMISSIONER BALDWIN: Okay. We're going to move
right along, boys and girls. What do we do about Item Number
12 that the Judge put on here? Is that something that you
guys are going to handle?
COMMISSIONER LETZ: Yeah, we can take care of that.
COMMISSIONER BALDWIN: Okay. 1.12, consider,
discuss, and take appropriate action to make appointments
and/or reappointments to the Kerrville-slash-Kerr County
Joint Airport Board. Commissioner Letz and Commissioner
Williams?
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COMMISSIONER LETZ: This is based on the new
governance agreement that we approved last week. It is to
reappoint the three current members. Roger Bobertz is
currently the president -- chair?
MR. BOBERTZ: President.
COMMISSIONER LETZ: President. Fred Vogt and Steve
King, to -- you know, to serve on that new board, and then
they will come back to us with additional members at a future
date. So, I'll make a motion that we reappoint Roger
Bobertz, Fred Vogt, and Steve King to the Kerrville/Kerr
County Airport Board.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: We have a motion and a
second. Is there any discussion? Anyone want to discuss?
Mr. Bobertz, want to visit about it?
COMMISSIONER WILLIAMS: If Mr. Bobertz doesn't want
to do it, now's the time to tell us.
COMMISSIONER LETZ: I've talked to him; he's
willing to do it for a while.
MR. BOBERTZ: Yeah. I should tell you that I'm not
expecting to serve out a full term, because of an assessment
of my time and energy and what I think it's going to take to
', be a board member from now on.
COMMISSIONER WILLIAMS: We understand.
MR. BOBERTZ: Pardon?
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COMMISSIONER WILLIAMS: We understand.
MR. BOBERTZ: Okay. But I will not leave the board
in the lurch.
COMMISSIONER WILLIAMS: This is a very critical
time, as you know, and we appreciate your willingness to
continue.
MR. BOBERTZ: Thank you, Commissioner.
COMMISSIONER BALDWIN: Appreciate your service,
sir. All in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
carries.
COMMISSIONER OEHLER: Thank you.
COMMISSIONER BALDWIN: 1.13; consider, discuss,
take appropriate action to raise the Court Compliance
Collector's salary to the amount that is currently in the
budget for that position. We have rethought that. The
number that is currently in the budget is 40,000 and some odd
dollars. Well, we took a closer look at that, and Ms. Hyde
helped me rethink it a little bit, and that 40 grand was --
part of that was the former employee in that position had
been there -- had been with the county many, many years,
tremendous amount of longevity. Plus, a part of that salary
also was that he helped and was paid to help with the I.T.
issues, if y'all remember that.
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COMMISSIONER OEHLER: Yes.
COMMISSIONER BALDWIN: So, we have pared this back
from the 40 to the proposed step increase to a 23-1, and that
is in line with the Animal Shelter, Maintenance, and I think
maybe one or more departments in the county, as a department
head. That's a 23-1, and that's $36,328.56 a year, as
opposed to the 40 grand that we had originally talked about.
And I want to make a motion that we approve that. Is there a
second?
COMMISSIONER WILLIAMS: I'll second it.
COMMISSIONER BALDWIN: And we have a second. Now,
is there any discussion?
COMMISSIONER OEHLER: I think you did the right
thing.
COMMISSIONER BALDWIN: All in favor, please raise
your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
I carries.
COMMISSIONER WILLIAMS: Carry on.
COMMISSIONER BALDWIN: Get to work, lady. 1.14;
consider, discuss, take appropriate action to clarify Court
Order Number 30881 regarding the employee benefits package
for the Airport Manager of the Kerrville-slash-Kerr County
Airport, and other such services as may be required.
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Commissioner Williams?
previous agenda item, and all it said was we would offer a
benefit package through interlocal agreement, which is
correct, but it didn't say what the agenda item style had
indicated, "and such other services as may be required." And
resources services. They were anything that the County could
provide through its resources that would be of benefit to the
Airport Board in this restructuring and its moving forward.
So, I put this on the agenda to ask for clarification, and
that's where we are today. Commissioner Letz, do you have
anything?
COMMISSIONER LETZ: Yes. I think I -- obviously,
we're all aware of the pretty significant change we made last
week at the airport, that primarily being that the Airport
Manager will report to the Airport Board, which is very
different. And when that happened -- right now, the Airport
Manager is an employee of the City, and has relied on City
staff essentially for a lot of information, and I think that
can continue. But I just wanted to make sure that we're --
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we offered to the Airport Manager and the Airport Board,
input. I think you know Rex Emerson and Jeannie Hargis in
our Auditor's office, and other departments, Maintenance,
where the City, because of -- well, I don't know why, but
Mike Hayes has given notice that he will not provide the
legal services after September -- 1? September 30.
MR. BOBERTZ: October 1, my understanding.
COMMISSIONER LETZ: After October 1. And I think
that -- and I don't know where the Airport Board's going to
go with this, but I think you may want to visit with Rex
about some of that. Some of it's standard contract stuff and
some of it may be more appropriate for outside counsel, but
basically, it's just a matter of just making it real clear
that the County's offering up advice where we have it and
where it's sought.
COMMISSIONER WILLIAMS: I would move, Commissioner,
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that the Court approve clarification of Court Order Number
30881, which was originally -- which originally came from our
June 9th, 2008 meeting, to clarify it to include our -- our
ability and willingness to offer such other services to the
Airport Board as may be required.
COMMISSIONER OEHLER: Including health benefits
package.
COMMISSIONER WILLIAMS: That was the original, and
that's in there.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER WILLIAMS: All right. So, we would
continue that health insurance package, whatever all that
package is, through interlocal agreement, and any other such
services as the Airport Board may require.
COMMISSIONER OEHLER: Okay.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: I have a motion and a
second. Any further discussion?
COMMISSIONER LETZ: Bruce, do you or Roger have any
questions? Comments?
MR. McKENZIE: No, sir.
I
~ COMMISSIONER BALDWIN: Yes, ma'am?
MR. BOBERTZ: I just want to express gratitude. I
need to talk to Eva pretty soon.
COMMISSIONER WILLIAMS: There she is right there.
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COMMISSIONER BALDWIN: We're not quite there,
though.
'~, COMMISSIONER WILLIAMS: Almost.
MS. HYDE: Who's doing the interlocal agreement?
COMMISSIONER WILLIAMS: The interlocal agreement
I would be between Kerr County and the Airport Board.
I
I MS. HYDE: Who's writing it up?
COMMISSIONER WILLIAMS: I imagine the County
~I Attorney will help the Airport Board in the development of an
I
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interlocal agreement for presentation to Commissioners Court.
COMMISSIONER OEHLER: Is that correct, Mr. County
Attorney? I see a nod of the head.
MR. EMERSON: There is a nod, yes.
COMMISSIONER LETZ: There is a nod.
MR. EMERSON: I'm more than happy to help with the
interlocal, but I want to clarify it. You know, the same
thing I said two years ago, and then again, I think, three or
four years ago, that I can't represent the Airport Board
because there's a conflict.
COMMISSIONER WILLIAMS: Well, that's the same
thing.
MR. EMERSON: Which is the same thing that Mike
Hayes has said. You know, there inherently could be a
conflict between the County's interest and what the Airport
Board wants to do.
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COMMISSIONER LETZ: I mean, is it possible to
approve form-type approvals, in your opinion, like contract
lease agreements?
COMMISSIONER WILLIAMS: As to form.
COMMISSIONER BALDWIN: The answer is no.
MR. EMERSON: To some extent. But --
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: They may have to seek some
counsel on their own.
COMMISSIONER WILLIAMS: Well, I think --
MR. EMERSON: They have certain immunities that
they're able to take advantage of if they rely on their own
legal counsel.
COMMISSIONER LETZ: Right.
MR. EMERSON: I'm not too sure if that applies if
I'm throwing advice in there periodically.
COMMISSIONER WILLIAMS: But any interlocal between
the County and the Airport Board, that has to come to the
Court for approval.
MR. EMERSON: I can do that, sure.
COMMISSIONER WILLIAMS: You can do that?
MR. EMERSON: Yes.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: Now, when you get ready,
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whoever's going to write this agreement, is it going to be
outlined in there what this employee benefits package
consists of?
COMMISSIONER WILLIAMS: I would think it should
specify the -- exactly what it's all about.
COMMISSIONER LETZ: That's -- there's two
agreements. First is the interlocal agreement between us and
the City, which that's just -- that's pretty much written.
If the Airport Board chooses to put their employee under our
benefits package, then that'll be a -- a separate agreement
that will be written between the Airport Board and the
County. We're not approving that. We're approving that it's
there if they want it.
COMMISSIONER BALDWIN: So, it's an offer.
COMMISSIONER LETZ: It's an offer. We're making an
offer at this point. They may get a better deal somewhere
else.
COMMISSIONER BALDWIN: We have a motion and a
second?
THE CLERK: Yes, sir.
COMMISSIONER BALDWIN: And --
COMMISSIONER WILLIAMS: Just one quick clarifying
point, Commissioner.
COMMISSIONER BALDWIN: All right, get busy.
COMMISSIONER WILLIAMS: That this has nothing to do
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with the governance agreement which we approved on August 6th
in joint session with the City.
COMMISSIONER BALDWIN: That's a pretty firm
agreement there.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: All in favor, please raise
your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
carries. Item 1.15; consider, discuss, and take appropriate
action to approve/replace part-time position with full-time
position in the Court Compliance office. This is an
executive session issue. Did we cover everything in the
court section?
COMMISSIONER LETZ: I believe so.
COMMISSIONER BALDWIN: Do you have any feeling one
way or another, members? Do you want to go ahead and finish
the bill paying, et cetera, et cetera, before we go into
executive session? Or --
COMMISSIONER LETZ: Might as well.
COMMISSIONER WILLIAMS: Yes.
COMMISSIONER BALDWIN: Okay. We're going to pay
our bills on the approval agenda. Oh, we have a new
bill-paying person.
MR. RUARK: Well, you do.
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COMMISSIONER WILLIAMS: New bill guy, okay. I can
shut this down, can't I?
COMMISSIONER BALDWIN: Yeah. Is there any
questions or comments on the bills?
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER BALDWIN: We have a motion. Is there
a second?
COMMISSIONER OEHLER: I'll second it.
COMMISSIONER BALDWIN: Second. Any further
discussion? All in favor, please raise your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: Aye. None opposed. Bills
are paid. Budget amendments. Mr. Auditor, is there any
budget amendments?
MR. RUARK: Yes. You have in front of you a
schedule of budget amendments.
COMMISSIONER BALDWIN: All right.
MR. RUARK: And, basically, we are just moving
money from one expense account to another expense account,
and within the departments themselves.
COMMISSIONER BALDWIN: I would entertain a motion
to approve the budget amendments.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER BALDWIN: Is there a second?
COMMISSIONER LETZ: Second.
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COMMISSIONER BALDWIN: Motion and second. Any
further discussion? All in favor, please raise your right
hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
carries. Item 4.3. Any late bills, Mr. Auditor?
'I
MR. RUARK: No.
COMMISSIONER BALDWIN: I didn't think so. What
about approve and accept monthly reports, Mrs. Clerk? Thank
you very much. We have reports from Constable 1, Constable
4, the general and trust fund of the County Clerk, J.P. 1,
J.P. 3, J.P. 2, J.P. 4, the District Clerk, Environmental
Health, and Road and Bridge. I'd entertain a motion to
accept.
COMMISSIONER LETZ: Move we accept.
COMMISSIONER BALDWIN: Is there a second?
COMMISSIONER OEHLER: Yes, second.
COMMISSIONER BALDWIN: All in favor, please raise
your right hand.
(The motion carried by unanimous vote.)
COMMISSIONER BALDWIN: None opposed. Motion
~I carries. Thank you. Any reports from the Commissioners on
your liaison assignments? Thank you, ma'am. Hearing none,
reports from elected officials/department heads? We have a
distinguished guest amongst us. 5.3, reports from boards,
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commissions, committees? Hearing none, we'll recess this
Commissioners Court meeting and go into executive session.
(The open session was closed at 10:46 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
(Judge Tinley returned to court during executive
session.)
JUDGE TINLEY: Okay, let's go back into public or
open session. It is now 11:07. Any more action to be taken
on any agenda items, gentlemen? Does any member of the Court
have anything to offer with regard to matters discussed in
executive session? Okay. Are we now down to the approval
agenda, or did you cover that too?
COMMISSIONER LETZ: We're done.
JUDGE TINLEY: We're done. Wonderful.
COMMISSIONER WILLIAMS: F.Y.I., I'm out of town
from tomorrow through the 20th.
JUDGE TINLEY: Did y'all raise my concerns that I
mentioned on the bills?
COMMISSIONER LETZ: No.
COMMISSIONER BALDWIN: No, we did not, sorry.
JUDGE TINLEY: He who hesitates is lost, right?
COMMISSIONER WILLIAMS: We can give you the
Auditor's cell phone number if you want to call her.
COMMISSIONER BALDWIN: Yeah. Did you want to share
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those with us now?
COMMISSIONER WILLIAMS: He had a bunch of them,
too, tick marks .
COMMISSIONER BALDWIN: Dadgumit. I'm sorry about
that, Judge. Of course, you can't be all here if you're not
all there.
JUDGE TINLEY: That's right. County-Sponsored,
there were some payments to Jeanne Sutton and Sue Dyke.
COMMISSIONER WILLIAMS: Historical Commission,
probably.
JUDGE TINLEY: Well, I had a question mark,
Historical Commission. That's the only thing I could think
of. I would make the observation, I like the Indigent Health
Care expenditures this time much better than the past time.
COMMISSIONER OEHLER: Yeah, that was much better
this time.
JUDGE TINLEY: Yeah. Okay, gentlemen. We got
anything else?
COMMISSIONER LETZ: Do we have any other workshops
scheduled for budget?
JUDGE TINLEY: Good question.
COMMISSIONER OEHLER: That would be my question. I
want to know if we're having one next time.
JUDGE TINLEY: We can't post one for Wednesday,
obviously, but we could post one for Friday.
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COMMISSIONER OEHLER: Not Friday for me; I'm going
to be gone.
JUDGE TINLEY: Okay. You're going to be gone,
right?
COMMISSIONER WILLIAMS: I'll be gone.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: Might be a good time for you
to have one.
COMMISSIONER WILLIAMS: Yeah. You got two missing;
you can ram everything through, Judge.
JUDGE TINLEY: Just be a workshop.
COMMISSIONER WILLIAMS: I'll be back in pocket on
the 21st.
COMMISSIONER OEHLER: I thought we were going to
have one on the following --
COMMISSIONER LETZ: Wednesday.
COMMISSIONER OEHLER: -- on the following
Wednesday. Not this coming Wednesday, but the following,
what we had talked about.
JUDGE TINLEY: There was -- there was mention of
that, and I think general agreement. I'm not sure.
COMMISSIONER OEHLER: I believe there was, because
that's when Jeannie's supposed to come back with all of the
stuff worked out that we have done so far, to give us an
update of where we are with dollars.
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COMMISSIONER LETZ: Dollars.
COMMISSIONER OEHLER: Dollar-wise. And --
COMMISSIONER LETZ: That's when the important stuff
starts.
COMMISSIONER OEHLER: Yeah. That's when --
JUDGE TINLEY: That would be on the 20th, wouldn't
it?
COMMISSIONER LETZ: But he --
COMMISSIONER WILLIAMS: If you make it the 21st,
I'm here.
COMMISSIONER LETZ: Thursday's fine for me.
COMMISSIONER OEHLER: I don't have a problem with
that. I'd like to resolve the figures.
JUDGE TINLEY: How long is that meeting -- how long
do we anticipate it?
COMMISSIONER LETZ: I don't think all that long,
~ maybe an hour.
JUDGE TINLEY: Why don't we start at -- say, on the
21st, at 10:00. I can get my probate docket out of the way
between 9:00 and 10:00, then we can do that one, and then I
can do my juvies in the afternoon. That work for you?
COMMISSIONER OEHLER: So, 10 o'clock on the 21st.
COMMISSIONER WILLIAMS: Works for me. 10 o'clock
on the 21st works for me.
COMMISSIONER BALDWIN: That's a Thursday?
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JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Yes, sir.
COMMISSIONER OEHLER: 10 o'clock on the 21st.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: And we might get Ms. Bolin to
give us a -- about this point, we get their schedule of how
everything has to be done so we don't miss all our postings
and dates and hearings and all that stuff, so we have that
presented at that workshop.
JUDGE TINLEY: I already have it in-hand.
Drop-dead, worst case scenario is a comfortable one; I've got
that in-hand now. Let's make everybody copies of that. It's
penciled in in my budget book. Okay. Anything else,
gentlemen? I see that Commissioner Baldwin wants to beat the
lunch crowd at Buzzie's, right?
COMMISSIONER BALDWIN: I do.
JUDGE TINLEY: Okay. We'll be adjourned.
(Commissioners Court adjourned at 11:12 a.m.)
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79
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 13th day of August,
2008.
JANNETT PIEPER, Kerr County Clerk
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
8-11-08
ORDER NO. 30933
STATE FISCAL, YEAR 08-09 S"I~ATE CASE REGISTRY/LOCAL CUSTOMER
SERVICE CONTRACT
Came to be heard this the llt" day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 3-0-0 to:
Approve the State Fiscal Year 2008-09 State Case Registry/Local Customer Service
Contract between Kerr County and the Office of the Attorney General, Child Support
Division, subject to the County Attorney reviewing the form.
ORDER NO.30934
REQUEST FOR PROPOSALS FOR REWORKING ELECTRICAL CONDUITS AND
WIRING IN KERK COUNTY LOUR"THOUSE SQUARE
Came to be heard this the llt" day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 3-0-0 to:
Authorize going out for Request For Proposals for electrical work on courthouse square.
ORDER NO. 30935
PRECINCT 404 POLLING LOCATION
Came to be heard this the llt~' day of August, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 3-0-0 to:
Move the polling place from Mountain Home Volunteer Fire Department to the Sunset
Baptist Church in Mountain Home.
ORDER NO. 30936
FINAL PLAT OF CAMP VF,RDE GENF,RAL STORE
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 3-0-0 to:
Approve the final plat of Camp Verde General Store, located in Precinct 2.
ORDER NO. 30937
TEEN CURFEW
Came to be heard this the llt" day of August, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the extension of the Kerr County Teen Curfew for another year
ORDER NO. 30938
REQUEST FOR PROPOSALS FOR BIDS FOR REPLACEMENT OF COURTHOUSE
WINDOWS AND DOORS
Came to be heard this the llt" day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve going out for Request for Proposals for bids to replace approximately 77
windows in original Kerr County Courthouse and renovation or replacement of front door
to Courthouse and side entry door on Sidney Baker.
ORDER NO. 30939
BURN BAN
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Implement the burn ban for 90 days.
ORDER NO. 30940
CANCELLATION OF IN"TERLOCAL COOPERATION AGREEMENT BETWEEN
KERR COUNTY AND CITY OF KERRVILLE FOR REGULATION OF
SUBDIVISIONS WITHIN THE CITY OF KERRVILLE'S EXTRATERRITORIAL
JURISDICTION
Came to be heard this the llt~' day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Give notice to City of Kerrville for cancellation of our Interlocal Cooperation Agreement
between Kerr County and the City of Kerrville for Regulation of Subdivisions within the
City of Kerrville's Extraterritorial Jurisdiction (ETJ).
ORDER NO. 30941
MOVING LOCATION OF HISTORICAL MARKER
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Authorize the movement of Marker Number 2929 from its current location in Guadalupe
Heights to the Kerr County Courthouse Grounds, and instruct Road & Bridge to work
with the Historical Commission to effect the movement.
ORDER NO. 30942
MOVING LOCATION OF HISTORICAL MARKER
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioners Letz/Baldwin. The Court
unanimously approved by a vote of 4-0-0 to:
Agree with the request of the Historical Commission to work with TexDOT to effect the
movement of the Camp Verde Marker from its vicinity located on the corner of 16 and 27
in City of Kerrville to a new location to be designated by TexDOT in the vicinity of the
Camp Verde General Store.
ORDER NO. 30943
MOVING LOCATION OF HISTORICAL MARKER
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Move that Commissioners' Court agree with the Historical Commission's intent to move
Marker Number 4748 from its current pedestal location to a more prominent location in
the vicinity of Camp Verde Store, again working with TexDOT to secure the location.
ORDER NO. 30944
REAPPOINTMENTS TO THE KERRVILI,E/KERR COUNTY JOINT AIRPORT
BOARD
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Reappoint Roger Bobertz, Fred Vogt, and Steve King to the Kerrville/Kerr County
Airport Board.
ORDER NO. 30945
COURT COMPLIANCE COLLECTOR'S SALARY
Came to be heard this the llt" day of August, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Raise the Court Compliance Collector's Salary to a Grade/Step 23/1, which is $36,328.56
per year.
ORDER NO. 30946
EMPLOYEE BENEFITS PACKAGE I~OR AIRPORT MANAGER
Came to be heard this the 11 `h day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve clarification of Court Order #30881, which originally came from the June 9,
2008 Commissioners' Court meeting, to include our ability and willingness to offer such
other services to the Airport Board as may be required.
ORDER NO. 30947
<:LAIMS AND ACCOUNTS
Came to be heard this the llt~' day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve paying Claims and Accounts.
ORDER NO. 30948
BUDGET AMENDMENTS
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve paying the Budget Amendments as presented.
ORDER NO. 30949
Monthly reports
Came to be heard this the 11th day of August, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Monthly Reports as presented.
9-21 10:00 BUDGET MEETING