1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, February 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
J
v
Oo
O
1
2
2
PAGE
Commissioners' Comments ............................. 6
3
1.1
4
5 1.2
6
7
8 1.5
9
10 1.6
11
12 1.3
13
14 1.10
15
16
1.14
17
18 1.17
19
20
1.4
21
1.8
22
23 1.9
24
1.11
25
Consider/discuss, take appropriate action on
complaint against Animal Control Department
from Karen Engle ...................................
Consider/discuss, take appropriate action on
request from David Mark Scott to peacefully
assemble at Courthouse, Ag Barn, and precinct
polling places on 2-16-08 & 3-1-08 to promote
presidential candidate for upcoming primaries
March 4, 2008 ......................................
Consider/discuss, take appropriate action to
authorize Request for Proposals (RFP) seeking
firm to provide Colonia Area Planning Services
under Kerr County's Texas CDBG Program .............
Consider/discuss pending CDBG grant for Ranchero
Road, Phase IV, Kerrville South Wastewater project
and upcoming CD and Colonia cycles for which Kerr
County will be eligible to submit applications .....
Consider/discuss, take appropriate action to
approve posting of signs in Flat Rock Lake Park
to encourage pet owners to clean up after their
animals ............................................
Consider/discuss, take appropriate action to
approve resolution approving and adopting the
Kerrville/Kerr County Economic Development
Strategic Plan and establish Economic Development
Incentives Committee ...............................
Consider/discuss, take appropriate action for
release and termination of road easement to
drill new well .....................................
Consider/discuss, take appropriate action on
request from Kerr County Fair Association to
utilize space of approximately 30' x 50' on the
southeast corner of project pavilion at the Hill
Country Youth Exhibit Center .......................
Consider/discuss, take appropriate action on
implementation of the burn ban .....................
Consider/discuss, take appropriate action to
go out for annual bids for road base, cold mix,
aggregate, emulsion oil, & corrugated metal pipe ...
Consider, discuss and take appropriate action
for final revision of plat on Lots 5A & 5B,
Grotto Springs Ranch II ............................
Consider/discuss, take appropriate action on
request from Hill Country Council on Alcohol &
Drug Abuse to have County Judge sign a memorandum
13
30
35
35
47
52
78
81
86
87
88
I N D E X
February 11, 2008
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
	I N D E X (Continued)	
	February 11, 2008	
		PAGE
(1.11)	of understanding so they may apply for funding	
	with the Department of State Health Services ......	. 89
1.12	Consider/discuss, take appropriate action on fee	
	schedule for Kerr County Subdivision Rules and	
	Regulations .......................................	. 89
1.13	Consider/discuss, approve service contract with	
	Peter W. Lewis Architect and Associates, and	
	discuss design planning for the Hill Country	
	Youth Exhibit Center ..............................	. 92
1.18	Consider/discuss, take appropriate action to	
	approve 2007 Racial Profiling Report for the	
	office of Constable, Precinct 3 ...................	. 95
1.15	Consider/discuss, take appropriate action to	
	approve 2007 Racial Profiling Report for the	
	office of Constable, Precinct 2 ...................	. 96
1.16	Report to Commissioners Court on status of	
	investments made under Section 887 (b) of the	
	Probate Code ......................................	. 98
1.19	Consider/discuss, take appropriate action to	
	approve additional $25,000 to $30,000 associated	
	with obtaining a long-term capital loan ...........	. 99
1.21	Consider/discuss, take appropriate action to	
	approve ESD #2's annual compilation report as	
	submitted to Commissioners' Court at the	
	January 28, 2008 meeting ..........................	100
1.22	Consider/discuss, take appropriate action to	
	approve preparing RFP for an actuary to prepare	
	actuarial study in compliance with GASB 43 & 45	
	to establish liability for other post-employment	
	healthcare benefits ...............................	101
1.23	Consider/discuss, take appropriate action to	
	approve resolution in support of Kerr County	
	Juvenile Probation Department applying for an	
	AACOG grant for their L.I.F.E. skills program .....	105
1.27	Consider/discuss, take appropriate action on	
	approval of resolution changing authorized	
	representatives for LOGIC account .................	111
4.1 Pay Bills ......................................... 113
4.2 Budget Amendments ................................. 117
4.3 Late Bills ........................................ ---
4.4 Approve and Accept Monthly Reports ................ 119
Reports from Commissioners/Liaison Assignments .... 119
Consider/discuss, take appropriate action on
establishing a County Information person .......... 125
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
I N D E X (Continued)
February 11, 2008
PAGE
1.20 Consider/discuss, take appropriate action to
give a merit raise to Nona Tucker
(executive session) ................................ ---
1.24 Consider/discuss, take appropriate action on
coordination and work redistribution for admin-
istration of elections (executive session)......... ---
1.25 Consider/discuss, take appropriate action on
the exploratory phase of potentially combining
City and County health benefits platforms
(executive session) ................................ ---
1.26 Consider/discuss, take appropriate action on
full-time position for Human Resources Depart-
ment (Executive Session) ........................... ---
3.1 Action as may be required on matters discussed
in executive session .............................. 133
--- Adjourned ......................................... 134
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
5
On Monday, February 11, 2008, at 9:00 a.m., a regular
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regular meeting of the Kerr County
Commissioners Court which is posted and scheduled for this
time and date, Monday, February 11th, 2008, at 9 o'clock. It
is that time now. Commissioner Oehler?
COMMISSIONER OEHLER: Let's stand for a word of
prayer and the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
a member of the public that wishes to be heard on any matter
that is not listed as an agenda item, this is the time for
you to come forward and tell us what's on your mind. If you
wish to be heard on an agenda item, there's a participation
form at the back of the room. We would ask that you fill
that out. It helps me when we get to that item, to know that
you wish to be heard on that item. Notwithstanding that, if
you fail to fill out a participation form and wish to be
heard on an agenda item, get my attention when we get to that
item and I'll see that you have an opportunity to be heard.
2-11-08
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
But right now, if there's anyone that wishes to be heard on
any matter that is not a listed agenda item, please come
forward at this time and tell us what's on your mind. Seeing
no one coming forward, Commissioner Oehler, do you have
anything for us this morning?
COMMISSIONER OEHLER: Well, I think we have a --
quite a few things, actually, and then we have a fairly
lengthy agenda, but I believe we need to make -- we need to
congratulate some of our Kerr County employees for doing some
things. I think you're going to do some more of this in a
little bit, and also a lot of the volunteer fire departments
that participated in the fires, and Animal Control and
various things. But, first of all, I'd like to say that one
of my liaison duties is Animal Control, and we have two
employees out there that have just received their
certification as Animal Control officers, that being Charity
Everett and Justin Gazaway, and I'm glad that they've gotten ',
their certification so that we can actually be a little more
efficient out there. With those things happening, we have
almost everybody, I believe, out there certified now, except
for maybe one employee, and that is -- that's a wonderful
thing to finally have more than one or two people that can
just do that job. And --
COMMISSIONER BALDWIN: Get them to stand up so we
can see them.
2-ii-os

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER OEHLER: Stand up.
(Applause.)
COMMISSIONER OEHLER: Congratulations. Glad y'all
got your deal.
MS. EVERETT: Thank you.
MR. GAZAWAY: Thank you.
COMMISSIONER OEHLER: I'm sure you're going to be
doing a good job for us in the future, as well as you have in
the past. And just a small word, 'cause I think the Judge is
going to say something about all the things that have been
happening with the fires and things like that, but I would
like to thank him for getting involved in the first round of
fires we had by declaring an emergency.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER OEHLER: That allowed for the Forest
Service to bring in some helicopters quickly to put down a
fire that was really gaining force, and volunteers -- I think
they were doing an outstanding job, but I don't believe they
could have kept up with it if they hadn't had the support
from the Forest Service, and so I appreciate the fact that he
got involved and got people involved that could help us.
Other than that, I'm going to leave it alone for a while.
COMMISSIONER BALDWIN: Judge, I saw a comedy act on
TV yesterday that just reminded me of something, that made me
want to say -- (Laughter.)
2-11-08
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: I don't know where this is going,
but it sounds interesting.
COMMISSIONER BALDWIN: No, it's going to be --
COMMISSIONER WILLIAMS: Left turn.
COMMISSIONER BALDWIN: It's going to be good.
Actually, it's going to be a right turn.
COMMISSIONER WILLIAMS: Oh, okay.
COMMISSIONER BALDWIN: Going to be good until the
end. But they were talking about -- President Bush comes on
TV and is talking about John McCain being a real
conservative. How in the world would he know? You have to
know what a conservative is before you recognize one. I was
sitting there watching that and I thought those people, you
know, not only don't know what a conservative is, or what
their -- how their neighbor thinks or feels about things;
they don't even know their neighbors any more. And it just
made me think and reflect on how good we have it here, and
how -- how neat you guys are to work with, and -- and truly
conservatives. You know, Mr. Bush needs to come down here
and watch this crowd a little bit so he can learn what that
is. But not just you guys, but the entire courthouse family,
like these folks that just got certified at the Animal
Shelter. What a pleasure and an honor it is to work with
people like that. We have a good -- we have a good thing.
That's all.
2-11-08
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: Thank you. Thank you.
COMMISSIONER WILLIAMS: We do indeed. I want to
echo Commissioners 4's comments about the volunteer fire
departments, what a tremendous job they did. I never cease
to be amazed, though -- reading the stories afterward, I
never cease to be amazed at the lapses of good common sense
that take place among people and how fires get started. And
in the recent rash we had, there were two pretty good
illustrations there of lapses of good judgment, and -- and
the penalty you pay thereafter. The Judge and I had a
pleasant Saturday evening over in Center Point, as we do
every year about this same time, eating pancakes and sausage
and talking to the good folks in eastern Kerr County. And a
lot of -- a lot of my conversation that night had to do with
just the topic you were talking about, about people talking
about how conflicted they are over -- over the current turn
of events with respect to the primaries that are going on, on
the national level, and so they're going to have to do a lot
of sorting out between now and November and make some sense
out of all of it.
And speaking of primaries, we are getting ready for
the primary in Kerr County on March 4, I believe it is -- in
Texas on March 4. And there are -- there's a whole raft of
forums for those of the electorate who wish to avail
themselves of some information about the various candidates.
2-ii-oa
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
There was one last week which was very informative,
particularly on the -- on the issues that -- of sorting out
the judges, 216th District Court Judge race and the District
Attorney's race. Some good candidates have some pretty good
answers, and there were some pretty difficult questions. So,
if you haven't had the opportunity to avail yourself of the
opportunity to -- to listen in on one of those, there are a
couple more opportunities. There's going to be -- League of
Women Voters is going to do two of them. There's another one
in Center Point on the 14th, and I think 12th, 14th, and
19th, there are three opportunities, and then there will be a
televised one on the 18th. So, take the opportunity to learn
a little bit about the candidates.
JUDGE TINLEY: Thank you. Commissioner Letz?
COMMISSIONER LETZ: I don't think I really have
anything to add at this time. I have some comments more
towards the end of the meeting, though, you know, liaison
responsibilities and things like that. But I think I'll
probably hold off until that point.
JUDGE TINLEY: As Commissioner Oehler mentioned, we
had some extraordinary performance by volunteers and public
personnel in connection with these recent fires, a number of
-- all of our local fire -- volunteer fire departments, a
number of area fire departments that come -- come help us on
a mutual aid basis. Neighbors helping neighbors; that's what
z-il-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
11
it's all about. I was out at the fire command post, and
things were pretty well brought under control and contained,
and up rolls three units from the Wall Volunteer Fire
Department. Now, for those of you that don't know where Wall
is, it's just a few miles this side of San Angelo. Others
had come from -- or were coming from about the same distance,
and were turned back while they were en route after things
were brought under control, but they were ready, willing, and
able and on the way. And there was an extraordinary amount
of cooperation out there that the command personnel -- strike
unit out of San Antonio came up with the Forest Service, our
law enforcement people. I think the Sheriff had -- had all
of his people committed. Anybody that -- that was awake and
walking was there, and we had a lot of other personnel.
Road and Bridge stepped up with a lot of their
assets, their water trucks. Animal Control was
extraordinarily helpful because of taking in some animals
that -- that were at risk because of the fire. We had Janie
and her people, of course, Freeman-Fritts, Town and Country
Animal Hospital, the Ingram Vet Clinic. Kerr County
Maintenance personnel went to the -- went to the Ag Barn and
set up some temporary holding areas, cages -- pens, as it
were -- for animals that were going to be brought in there.
They rose to the occasion. One particular employee of this
county that's been extraordinarily helpful in animal issues
2-il-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
12
is Christine McEntyre. She's a legal assistant for our
County Attorney. She has the Diamond Dachshund Rescue. She
is at the leading edge of animal issues in this state when it
comes to emergency response matters. I think she's in Austin
today, probably working on those things. She's due to be a
speaker at a statewide seminar in San Antonio later this
month. She has been drafting emergency response documents
and sending them to the state, and I haven't taken the
opportunity to compare what's coming back from the state that
they're promulgating to everybody else, but I'll bet you a
dollar to a doughnut hole, it's basically her work that they
polished and tweaked a little bit and taken the benefit of,
and they're using it for the rest of the state. That's the
kind of individuals we got that are -- that are doing this.
I had one other item that came into play. The
issue of emergency notification. Sometimes we wonder how
that's going to be accomplished, and I noticed several weeks
ago, I guess, we had a -- a presentation from a group that
does this on a for-profit basis. I had a call from -- from a
local organization, T.R.C. Telecom, and they have the
capability, if given the block of numbers, to do these sorts
of notifications. That offer was made to us free of charge
for that to be done, if -- if we would give them the block of
numbers that needed to be notified for evacuation or warning
or otherwise. I appreciate the way all elements of the
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
13
community and	the area came	together.	It	was a	fantastic
effort. All	in all, the --	with the	first	fire,	I think we
were extremely fortunate, when given the wind conditions of
35 mile an hour plus. The good news about the high wind was
that it moved so fast, it went right on by and didn't damage
too many oak trees. Bad news, of course, was getting it
under control, and thank goodness we were able to. I think
we were real fortunate. But I probably missed some folks
that were very helpful in the effort, but I thank them all.
We thank them all. And I think the citizens of Kerr County
owe them a great deal of thanks, and so when you see these
people that are offering up their services above and beyond,
thank them. Thank them for what they do. They're working
for you. They're protecting you and taking care of you.
Let's get on with the agenda. First item we've got
is to consider, discuss, and take appropriate action on a
complaint against the Animal Control Department from Karen
Engle. Commissioner Oehler, you asked that this be put on
the agenda. All the members of the Court have a copy of the
communication from Ms. Engle that was forwarded in connection
with this matter, so I'll turn it to you at this time.
COMMISSIONER OEHLER: Well, Ms. Engle called me and ~
was -- and expressed a concern about Animal Control, and
wanted to file a complaint, and so I encouraged her to write
a letter, and that we'd put her on the agenda to listen to
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
14
her side of the story and make a determination, as well as
listen to both sides of the story, not just -- just one.
That way we can air it out and everybody can have -- can have
a say in what they think should be done about it. So,
Ms. Engle, I guess if you want to come forward and present
what you have, and --
MS. ENGLE: On January -- it was a Tuesday, I went
to a meeting and my dog got out of my house, and I left
somebody there to hook him back up, because he darted out the
door. My dog occasionally gets out. I live by myself. I '~
don't have a fenced yard. And I -- I work by -- I pay all my
bills by myself. You know, I've got to go to work. This day
when I got home from my meeting at 6 o'clock, there was blood
all over my front porch, and the little neighbor boy down the
street told me that a man had shot my dog on my front porch
and then dragged him off in his truck. And I asked him, did
-- did he shoot the dog while he was on the porch? He said
yes. Now, evidently, the man that I left there to hook my
dog up did not succeed in his mission there, and he did not
get my dog hooked up. I appreciate them getting my dog out
of the street, but there was blood everywhere on my front
porch. I had no clue. There was no note from them as to
where my dog was. A child saw this guy shoot my dog, and he
will never forget that.
My dog has never bitten anybody. He has never
2-li-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
15
attacked another dog, he's never attacked a person, he's
never done anything like that. And I just think that Animal
Control has been a little excessive in this, used excessive
force in getting my dog. I think if they would befriend my
dog instead of going for its throat every time they see it,
that I think that they might have a better response from me,
as well as my dog. My dog now, every time he sees a white
truck, goes crazy; absolutely berserk every time he sees a
white truck now. He -- he has nightmares. He wakes up in
the middle of the night barking for no reason, and it's ever
since this has happened. This is the third time that Animal
Control has gotten my dog in a period of two or three years
since I've lived here. I live on the outskirts of town. I
don't live in a well populated area. It's a busy
intersection there.
But, you know, she makes it sound like I'm letting
my dog run around the neighborhood just because I want to let
my dog run around the neighborhood, and it's not true. I
hook my dog up every time he goes out, unless he darts the
door, which is very seldom these days does it happen. And I
just really wish that Animal Control would either work with
me and be a little nicer to me, and -- and be a little bit
nicer to my dog, because my dog is absolutely nuts now. Any
time he sees a county truck, a white truck of any kind in
front of my house, he goes nuts. You know, and the little
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
boy said that -- that he did fire while he was on the porch.
He was on my front porch when the gun was fired at my dog.
There was no note. Really, you know, I think that they know
whose dog it is. They really do know whose dog it is, and
they left no note, they left no -- nothing. I had to call
the police to find out what happened to my dog, and I really
think that they should address some of these issues.
COMMISSIONER BALDWIN: Ms. Engle?
MS. ENGLE: Yes?
COMMISSIONER BALDWIN: Was the dog -- I mean, the
dog's alive, huh?
MS. ENGLE: Oh, yeah, the dog's alive.
COMMISSIONER BALDWIN: So they didn't shoot to
kill?
MS. ENGLE: He shot him with a dart, from what I
understand. That's what the police officer told me.
COMMISSIONER BALDWIN: Yeah?
MS. ENGLE: Although when I came home, I had no
idea what it was. All I saw was blood, three -- three hours
old, that had not dried yet. It was that coagulated -- it
was that much blood that it had not dried yet in three hours.
COMMISSIONER BALDWIN: I'm going to be interested
in hearing how a dart gun would create that much --
MS. ENGLE: Well, I would too.
COMMISSIONER BALDWIN: -- that much blood.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
17
MS. ENGLE: I would too.
COMMISSIONER BALDWIN: But I understand the dog's
fears after -- I mean, I see Rusty's cars come by and I just
-- I quake in my boots. (Laughter.) You know, it's the same
thing.
MS. ENGLE: Me too, because I never know when I'm
going to get another ticket from these guys.
COMMISSIONER BALDWIN: See?
MS. ENGLE: Yeah. You know, I get a ticket every
time he gets out, and I frankly can't afford tickets, you
know. I'm not letting my dog run around. I can't afford a
ticket of any kind. I can barely afford to pay my bills.
COMMISSIONER WILLIAMS: Where was your dog when you
came home?
MS. ENGLE: He was -- he was nowhere to be found.
When I came home, I had to call the police because there was
so much blood on my front porch. That -- and Richard saw the
blood on the front porch; he can tell you how much blood was
on the front porch. I called the police because my neighbor
said some guy shot my dog -- quote, "shot my dog on my front
porch and hauled him off." That's all we knew. We didn't
even know it was Animal Control. So, I called the police,
and the police called a man named Oscar, I believe, at Animal
Control, or somebody -- I don't know exactly what his name
is, and found out that my dog was incarcerated at Animal
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
18
Control. You know, which, you know, god, you know, you come
home to all that blood, you leave a note. They know whose
dog it is; they know where I live. The phone number is on
the back of his tag. My phone number is on the back of his
tag, and they didn't even call me to tell me they have my
dog.
COMMISSIONER WILLIAMS: Were any veterinary
services provided for your dog after it was shot?
MS. ENGLE: I took my dog to Freeman-Fritts, yes.
And I took him to the vet and I had him checked out, and then
he had to be seen back a week later for an infection at the
shooting -- at the site where they shot him in the leg. He
had to go back into the -- into Freeman-Fritts and have more
vet bills, because they gave -- they had to give him a shot
of antibiotic and an anti-inflammatory, because the shot --
the place where they shot him on the leg started getting
swelled up and hardening. They call it some sort of fibrosis
or something of that nature. And my dog has never attacked
anybody. My dog is a friendly dog.
JUDGE TINLEY: Ms. Engle, you said that there were
three occasions during the last three years that your dog's
been picked up?
MS. ENGLE: Mm-hmm.
JUDGE TINLEY: Was the dog loose on all of those
occasions?
a-ii-os
19
1
L
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. ENGLE: Yes, sir.
JUDGE TINLEY: As far as you know?
MS. ENGLE: Yes, sir.
JUDGE TINLEY: Okay.
MS. ENGLE: Yes, he was.
JUDGE TINLEY: Are you not aware that it's the
obligation and the duty of Animal Control --
MS. ENGLE: Yes, sir.
JUDGE TINLEY: -- to pick up dogs that are loose
and --
MS. ENGLE: Yes, I do understand that. All's I'm
requesting is a little note saying they've got him. When
I've come home to blood all over my driveway, a little phone
call would have been nice, saying, "Hey, we had to dart your
dog. We had to dart your dog; it was running loose in the
traffic. We had to dart him. We've got him over here. He's
okay." That would have been real nice. That would have been
real nice. The three times that he got out, once was when he
was a puppy. It was New Year's Eve. He got startled by all
the fireworks; he was going crazy. They -- they took him
then. The next time was, I don't know, about six or eight
months ago when I had a broken window in my house, and he got
out through my window; I didn't realize that he was getting
out through my window. And then this time. And I -- I try
to keep my dog contained at all times.
2-11-08
20
1
L
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: Did -- did they give you a call on
either of the first two occasions?
MS. ENGLE: No.
JUDGE TINLEY: Okay.
MS. ENGLE: They have never contacted me.
JUDGE TINLEY: Okay. Had -- had you received a
call on this third occasion, as you indicated, that, hey, we
got your dog, we had to dart him, --
MS. ENGLE: I wouldn't be as angry as I am now.
JUDGE TINLEY: -- you wouldn't be here today; is
that right?
MS. ENGLE: I wouldn't be as angry as I am now.
JUDGE TINLEY: Okay.
MS. ENGLE: You know, but Janie has told me that
time -- there was a time where she had chased my dog back to
the house and hooked up the dog on the other side of the
highway, and he was out. So, I guess there's actually been
four times where they've actually confronted my dog. They
chased him home. They didn't take him that time. They let
me take my dog, because he was in my yard.
JUDGE TINLEY: Issued you a warning at that time?
Not to let --
MS. ENGLE: A verbal warning.
JUDGE TINLEY: Okay.
MS. ENGLE: Verbal warning. And so I had my dog --
z-ii-oa
1
L
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
21
the second time he got caught, I had him neutered because I
thought, well, maybe this is the problem, because she was
concerned over all these pregnancies all over the
neighborhood,	so I	even	had my dog neutered for	this, you
know, so that	-- so	that	that wouldn't happen,	you know. And
I've tried -- I've tried very hard to keep my dog hooked up.
My dog has learned how to trigger the -- the leash to -- if
he gets up against a tree in the right way, he can trigger
the leash and get off his leash. You know, dogs aren't
stupid; they're pretty smart.
JUDGE TINLEY: Okay.
MS. ENGLE: And I'm trying real hard to do my job,
and I just really wish that I would have better
communication. And I moved here to this community because
it's a friendly community. I never in my life would have
ever thought anything like this would have happened to my dog
in this community, ever. Ever, really. And I've got
pictures of my dog and the pictures of the boy that saw it,
if you need to see it.
COMMISSIONER LETZ: Question. The -- I mean,
nothing on the phone call bit. Would you -- it sounds like
you would have preferred Animal Control left your dog alone
and get killed in the traffic, rather than take --
MS. ENGLE: No. Actually -- actually, if they --
if they were going to shoot it with a dart, I would rather
z-ii-os
22
1
L
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
them leave me a note, and if they are going to pick up my dog
from --
COMMISSIONER LETZ: You don't have a problem --
your only problem is they didn't leave you a note?
MS. ENGLE: They never called me. They've never --
they've called -- I think they called the vet's office the
first time that he got caught. They have never called --
called me or contacted me, let me know my dog is down there.
Never. And, no, I don't want my dog to get hit by a car.
Yes, I would rather them pick up my dog than have that
happen. But to go out with such animosity and such hatred
and to issue me a ticket every single time that my dog gets
loose -- I can't help it if my dog gets loose every now and
then. I mean, I don't have a fence. I don't -- I'm one
person. I don't have a big income, you know. I'm a
waitress.
COMMISSIONER LETZ: I understand that. I guess I'm
trying to find --
MS. ENGLE: I don't -- no, I don't want my dog to
get hit by a car.
COMMISSIONER LETZ: What I hear from your story is
a whole lot different at the end of it than I heard it during
-- I heard the dog being shot and shot and shot. Turns out
it was shot with a dart to keep it from being killed in the
traffic. And that's a whole lot -- that's a lot different --
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
23
MS. ENGLE: That's --
COMMISSIONER LETZ: -- than the way you presented
it originally. Now, I'm not --
MS. ENGLE: Well, wait a minute. Wait a minute.
When I first came home, that's how it was presented to me by
my neighbor boy.
COMMISSIONER LETZ: Well, I understand that.
MS. ENGLE: So, you know, the way that you just
looked at it is the way that I looked at it for the first
couple of hours after that incident, okay? So --
COMMISSIONER LETZ: But, anyway, that's just kind
of changed in my -- as to what I heard. And I think it's the
responsibility of Animal Control and the direction of the
Court to pick up animals are that are stray and loose.
MS. ENGLE: That -- yes, that's true.
COMMISSIONER LETZ: So I think they're doing their
appropriate job. Anyway, but as to the policy, I'm not
sure -- you know, I don't know that they -- you know, that
they call everyone all the time, or anyone.
MS. ENGLE: Do they always -- do they always dart
dogs in their yards?
COMMISSIONER LETZ: I think it's a judgment call
that I presume they make for the safety of the animal.
MS. ENGLE: Why wouldn't they leave a note? Why
wouldn't they leave a message saying, you know, anything?
2-11-08
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
COMMISSIONER OEHLER: As usual, there's two sides
to every story.
COMMISSIONER LETZ: I figured. That's why I'm not
talking about it.
COMMISSIONER OEHLER: I think you have to hear both
sides before you make a determination.
JUDGE TINLEY: Thank you, Ms. Engle.
MS. ROMAN: Good morning.
COMMISSIONER LETZ: Morning.
MS. ROMAN: As Ms. Engle stated, we have had
problems with her dog. And I've got copies of all of the
impounds that date back to January 1st of '06. Prior to
that, we had one incident where -- actually, I'm sorry, not
prior to that. It was after that, back in May -- June --
July of '05 -- I mean of '06. Charity Everett and I were out
on Highway 173, the Mini-Mart on 173 and Loop 534. There's a
mobile home park back there. Well, we got a complaint about
a Shar-Pei dog -- black Shar-Pei that was hooked up with a
three-legged Border Collie. So, we drive out there, we look
at the -- we see this, and --
COMMISSIONER wILLIAMS: Don't go there.
MS. ROMAN: -- the black Shar-Pei started growling
at us and took off running, and it literally drug the Border
Collie with it --
25I MS. ENGLE: I felt really bad about that.
2-11-08
25
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. ROMAN: -- for quite a distance. Finally, on
the bridge of Loop 534, it finally -- they finally separated,
and we chased the dog back to Ms. Cole's residence. She does
live at a very busy intersection. She lives on Riverside
Drive and Loop 534 right at the corner. So, we stopped and
spoke with her, gave her a verbal warning, asked her to, you
know, to please keep her dog contained. At that point,
Ms. Charity -- Ms. Charity was sitting on the passenger side.
The dog was lunging at her window. The dog is aggressive.
If the dog doesn't know you, the dog is very aggressive. We
have had numerous complaints from people at the Town and
Country store. We've had complaints about the dog running
loose in the neighborhood. We've dealt with Ms. Cole quite a
few times. Do you want to come up here and -- let them know
a little bit about it?
MS. EVERETT: The dog is very aggressive. Every
time -- and whenever we get the dog -- I have called her
twice to let her know that we've had her dog, because her
number is on the back of the tag. And whenever we did go to
pick up the dog, as soon as we pulled up to the house, the
dog did go straight for my window, and I had to roll my
window up really fast. The dog is very aggressive to people
that it doesn't know. I'm sure it's fine with people that it
does know. We've dealt -- we've had it at least five times.
At least.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
MS. ENGLE: Five times?
MS. EVERETT: We have documentation. And then
whenever we did get to the house, this gentleman that's
sitting right there was very upset about the fact that we had
chased -- that they were -- that we were going to write him a
ticket, so that's why we decided -- we said, "Well, we'll cut
you a break and we'll just tell you -- give you a verbal
warning, try to keep the dog contained." And it hasn't
happened. The dog has not stayed contained.
MS. ROMAN: Basically, what it boils down to is
they do live in the city of Kerrville, and the law requires
them to keep their dog contained at all times, whether it be
behind a fence, on a chain, inside. The dog cannot be loose.
If the dog is sitting on your front porch and you don't have
a fenced yard, you are in violation. This last incident,
Officer Gazaway was literally driving down the road and he
heard barking, and when he looked back, the dog was on Loop
534 in the middle of traffic. He chased the dog. The dog
took off running. He didn't have a choice but to dart the
dog, pick it up and impound it. It did happen at the very --
at the end of the day, so we did not contact Ms. Cole that
morning. We were going to contact her the next morning --
early the next morning, but that night she contacted the
police department to find out where her dog was at. So --
JUDGE TINLEY: Was the dog actually darted while it
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
27
sat on her front porch?
MS. ROMAN: The dog was on -- at the edge of her
property, and then it ran on the front porch.
MS. ENGLE: No, ma'am.
COMMISSIONER WILLIAMS: I'm uncertain as to where
it was the dog was when the lady came home to find -- where
did she find her dog at the end of day when she came home
from work or whatever?
MS. ROMAN: Where did she find the dog?
COMMISSIONER WILLIAMS: Where was the dog?
MS. ROMAN: The dog was impounded at the shelter,
because the dog had been running loose. But even if the dog
had been on her front porch and it was darted, I mean, the
dog's -- not only is it a public nuisance, but it's a traffic
hazard. If that dog causes a traffic accident, she's liable.
Someone can get injured by this dog. Not only is it
aggressive, but it's a public nuisance. The dog continues to
run loose. And, yes, she has been issued a citation -- she
has been issued two citations for her dog running loose.
However, we've given her breaks. We've given her warnings.
We've tried to educate her, and the problem still continues.
JUDGE TINLEY: Any questions --
MS. ROMAN: That's all I have.
JUDGE TINLEY: -- from any member of the Court for
Ms. Roman, or any of her people?
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
28
COMMISSIONER BALDWIN: Is this a boy dog?
MS. ENGLE: Yes.
MS. ROMAN: Yes.
COMMISSIONER BALDWIN: See, that explains, you
know, the broken window, sneaking in and out. Boys are like
that. (Laughter.) But I'm a little concerned about -- Janie,
did you just say that you intended to call her the next
morning?
MS. ROMAN: Yes. '~
COMMISSIONER BALDWIN: Why would you put off --
MS. ROMAN: Because it happened at the end -- it
happened at the end of the day.
COMMISSIONER BALDWIN: If there was -- if I came
home and I found that my dog -- a little neighbor boy told me
my dog had been shot by somebody, and there's blood all over
my porch, --
MS. ROMAN: Mm-hmm.
COMMISSIONER BALDWIN: -- I'm 100 percent with this
lady; I would expect a phone call, a note or something. I
mean, you just have to -- you have to think -- you know, you
have to put yourself in that position. I mean, I know you're
-- y'all are doing your job and all that, and kind of focused
on what you're doing. I understand that part. But you have
to kind of understand the -- the dog owner, too.
MS. ROMAN: Oh, yeah. Yeah.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
29
COMMISSIONER BALDWIN: You know? And that phone
call, in my opinion, because -- you know, any other time -- I
mean, if the dog's just sneaking out -- in and out of the
window and getting hung up with three-legged whatever's,
which is kind of -- if that ever happens again, call me. I
want to come see all that. But --
COMMISSIONER WILLIAMS: Wow.
COMMISSIONER BALDWIN: I'm telling you, there's
money in those films. There's money in the films, buddy.
SHERIFF HIERHOLZER: We won't call M.H.M.R.,
Buster.
MS. ROMAN: I do agree with what you're saying,
Buster, and with Ms. Cole. I can say, I had had a
mini-stroke prior to this, so I wasn't at work when all of
this happened. I wasn't notified until that night when the
police department contacted me as well. I didn't know what
was going on. I hadn't been at work for a couple of days, so
I can honestly say I don't know -- all I was told was that
they did not contact her because it happened at the very end
of the day, and they were extremely busy because we were
short-handed, and that's all I was told, and that we were
going to notify her the following morning.
COMMISSIONER BALDWIN: Maybe you can say we're
going to put forth more effort to make --
MS. ROMAN: Absolutely.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
30
COMMISSIONER BALDWIN: -- phone calls.
MS. ROMAN: Absolutely.
COMMISSIONER BALDWIN: I'm happy. Thank you.
SHERIFF HIERHOLZER: Only other thing I'd like to
interject in here is, I think this brings up a good point.
Our department has had to deal with a lot of dogs lately in
our county that are running loose, whether in the city or out
in the county. In fact, less than two weeks ago, we had to
shoot one, and it's not with a dart gun, because it
actually -- after being pepper-sprayed and everything else,
it still lunged at the officer, and he didn't have a choice.
But citizens really need to help us with this -- this problem
of keeping their dog contained. Doesn't matter that it gets
out once in a while; it's still a problem. They need to fix
fences or keep them in the house. But this is an ongoing
problem that seems to be getting a lot worse. And ours, we
had to shoot it before we could get Janie on the scene,
'cause it was just too dangerous, and it was a Pit Bull, and
there were kids there, and it was a bad situation. But we
need people to help.
JUDGE TINLEY: Thank you, Sheriff. Anything else
on this? Let's move on to our 9:05 timed item, Item 2.
Consider, discuss, and take appropriate action on a request
from David Mark Scott to peaceably -- peacefully assemble at
the courthouse, Ag Barn, and precinct polling places on
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
31
February the 16th, 2008, and March 1, 2008, to promote
presidential candidate for upcoming primaries on March 4,
2008. Is Mr. Scott here present?
(No response.)
COMMISSIONER BALDWIN: Judge, if you -- what I'm
wondering about here is, if you -- if I want to go pro -- is
it protest?
JUDGE TINLEY: No, assemble.
COMMISSIONER BALDWIN: Assemble.
JUDGE TINLEY: Peacefully assemble.
COMMISSIONER BALDWIN: All right. If I want to go
in with my little friends, all three of them, and we want to
go to a polling place, do I have to get permission from the
Commissioners Court?
JUDGE TINLEY: Well, I think the issue is probably
if you're going to be there on any election day and you're
inside the distance markers, it's a no-no. Otherwise --
COMMISSIONER BALDWIN: Well, I agree with that.
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: But it appears to me that
this person is asking permission from the Commissioners Court
to assemble -- peacefully assemble. I mean, I don't
understand what this is about. Somebody help me understand
this.
COMMISSIONER WILLIAMS: I'm kind of like you. It's
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
32
not an issue unless he's asking to be inside the markers
which -- which keep you away from the polling place by a
certain distance, whatever that distance is. Ms. Pieper?
MS. PIEPER: Gentlemen, this gentleman, I believe,
is the same one that called me and asked me about assembly.
I don't know what his -- what he's going to do once he
assembles, but I told him I thought he needed to come before
the Court to get permission, because it's county property.
COMMISSIONER BALDWIN: I see.
MS. PIEPER: But I did let him know that there
could be no politicking within 100 feet of the entrance to
the polling location.
COMMISSIONER BALDWIN: But outside that 100 feet,
he can promote and put his signs up and --
MS. PIEPER: Well, I know at the courthouse here --
well, the last election, if there were signs being posted up
or something, the bailiff would go take them down.
COMMISSIONER BALDWIN: Yeah.
MS. PIEPER: Therefore --
COMMISSIONER WILLIAMS: We have a court order
saying we don't want signs stuck all over the lawn.
MS. PIEPER: The courthouse and the Ag Barn is
county property; therefore, I suggested to this gentleman
that he come ask y'all for permission, so that's how this got
on the agenda. I don't know if he's here today.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
33
COMMISSIONER BALDWIN: So, you're making us throw
him out of the room, is what you're doing.
MS. PIEPER: No, you can enforce your policy.
COMMISSIONER WILLIAMS: Well, the only policy I
think we've established is we just don't want signs stuck all
over the courthouse lawn like some other courthouses in the
immediate vicinity have done for years.
COMMISSIONER BALDWIN: That's right.
COMMISSIONER WILLIAMS: But that doesn't prohibit
any group of citizens who wish to assemble peacefully --
MS. PIEPER: I have no idea what his intentions
are.
COMMISSIONER WILLIAMS: -- from doing so, as long
as they're outside the boundary. Am I correct, or am I
incorrect?
COMMISSIONER OEHLER: Sounds like a constitutional
right to me.
COMMISSIONER
COMMISSIONER
COMMISSIONER
remember specifically
COMMISSIONER
COMMISSIONER
COMMISSIONER
it depends on the word
BALDWIN: Absolutely.
WILLIAMS: Me too.
BALDWIN: And you're exactly right; I
ghat conversation.
LETZ: I think --
WILLIAMS: Nonissue.
LETZ: -- you're definitely right, but
"assembly," how big that's going to
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
34
be. 'Cause I think we do have some --
JUDGE TINLEY: State law.
COMMISSIONER LETZ: -- law regarding assemblies, as
to what that means.
JUDGE TINLEY: Permits, mm-hmm.
COMMISSIONER LETZ: And permits -- need to get a
permit and things of that nature. If we're just talking him
and a couple friends, they can do what they want, but if he's
talking about 100 people, I think that changes things.
COMMISSIONER BALDWIN: I'll be there. I'm going to
be there, now that I know.
COMMISSIONER LETZ: Rex, what's the cutoff point on
assembly? Do you recall?
MR. EMERSON: I don't recall off the top of my
head, but there is some state statutes allowing for permits
for larger groups.
COMMISSIONER LETZ: But the guy can do what he can
within state law.
COMMISSIONER WILLIAMS: It might be helpful if we
know that so that maybe the County Clerk or somebody can
convey the information back, saying if you're going to exceed
the state regulations of "X" number of people, it's an
assembly, and you need a permit of some kind.
MR. EMERSON: The statute's actually worded, I
think, around the term "event," is the way it's worded. I'll
a-li-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
35
be more than happy to pull that.
JUDGE TINLEY: Okay. Let's move to Item 5, a 9:30
timed item, to consider, discuss, and take appropriate action
to authorize request for proposals seeking a firm to provide
colonia area planning services under Kerr County's Texas
Community Development Block Grant program, Contract Number
727175. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. We do
have a contract identified by that number for planning
services. I think the amount of that grant is $25,000 or
$30,000. I've invited the folks from Grantworks, who have
assisted us on numerous occasions in obtaining these grants,
to come down and give the Court an update on this particular
one. And the subsequent one, Judge, which it might not be a
bad idea if you went ahead and called it.
JUDGE TINLEY: Let me go ahead and call Item 6
also; consider/discuss pending 2008 Community Development
Block Grant for Ranchero Road, Phase IV, Kerrville South
Wastewater Project, and upcoming 2009 -- fiscal 2009-10
community development and colonia cycles for which Kerr
County will be eligible to submit applications.
COMMISSIONER WILLIAMS: Thank you. Eric Hartzell
and one of his colleagues is with us today. Eric's going to
talk about where we are on this Colonia Area Planning
Services grant and what the moneys are for and how we're
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
36
going to use it, and then we're going to talk about Kerrville
South Wastewater and anything else that you think Kerr County
is eligible to participate in. Eric?
MR. HARTZELL: Thank you, Judge and Commissioners,
for having us here. Eric Hartzell with Grantworks out of
Austin. It's a pleasure to be back. I haven't been here in
a little while, but it's good to be back. Now that the
first, I guess, four phases of -- or three phases of
Kerrville South are completed, we're ready to keep on moving
to finish it up. The first thing to talk about is the
Colonia Area Planning Grant that the County's been awarded.
This is a sort of detailed area study for the Center Point
area. It also covers an area called Hill River Country
Estates, which some of y'all may be familiar with. Pretty
low-income, smaller community to the west, I think, on
Skyline.
COMMISSIONER WILLIAMS: Skyline Drive, yeah.
MR. HARTZELL: West of Center Point. Then also the
Westwood Park area, which is up towards Comfort. Those are
the three low-income colonia areas that were identified in
the eastern part of the county back during the County's
comprehensive plan, which was completed, I think, in 2002.
The reason that Mr. -- Commissioner Williams was interested
in this grant was, I think, that y'all are probably aware
that U.G.R.A. and other folks are kind of looking at the
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
37
water and the sewer situations in the Center Point area
for -- for possible centralized collection and centralized
water distribution, and there's some Water Development Board
money that's in the works, I believe, that the County and
U.G.R.A. are both looking at. What this grant is going to be
useful for is to provide some of the groundwork that's
necessary to pursue these other larger grant opportunities
from Water Development Board; namely, to identify the incomes
and the types of folks that are -- the incomes, basically, of
the folks who are living in these areas.
Also, the types of housing, the location of private
wells and septic systems, cesspools, those kind of things
that are in these areas, all of which are necessary and
helpful to have a handle on when you're pursuing these grant
programs for larger scale projects. The Colonia Planning
Grant will also look at the streets and drainage and do
planning as to potential improvements that could be done in
those colonia areas in -- with the drainage system and -- and
the roads that are there. This is a no-match grant, so it's
basically federal money that's coming straight to the County
without any sort of match commitment from the County, and it
was awarded in December to the County. And so what the
agenda item is, is to allow the first step, which is to
complete the RFP process to hire the -- the firm to move
forward with these plans.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
38
COMMISSIONER WILLIAMS: So, that's Item 1 that we
would need to -- we would need to approve seeking RFP's for
someone to provide those planning services under the C.D.B.G.
program for this particular contract number; is that correct?
MR. HARTZELL: That's right.
COMMISSIONER WILLIAMS: That's what we need to do.
COMMISSIONER LETZ: What's the amount of this
grant?
MR. HARTZELL: The grant is $30,000.
COMMISSIONER WILLIAMS: $30,000.
COMMISSIONER LETZ: $30,000.
COMMISSIONER WILLIAMS: Okay. The only thing that
you mentioned, Eric, that I -- that probably we don't need to
do with these dollars is a median income -- household income
study. That is underway right now by Community Resource
Group out of Austin. In fact, I believe those letters are
already in the mail, and we're anticipating that the
responses are on their way back for tabulation and so forth,
so we would scratch that out of the scope of work.
MR. HARTZELL: Actually, the Water Development
Board's income restrictions are slightly different than the
Community Development program.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. HARTZELL: And, actually, we'll probably still
want to do it, because the Center Point area income surveys
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
39
expired -- they're good for ten years, and someone had done
one in 1997 to qualify the area for the Community Development
grants.
COMMISSIONER WILLIAMS: Okay.
MR. HARTZELL: And they're expired. And so,
actually, they've changed the methodology too. We also have
to ask more -- additional personal questions of the
respondents, unfortunately, about their incomes, narrowing it
down to whether they're -- not only are they low to moderate
income, but whether they're very low income. And that's
something that H.U.D, is requiring, so for any grants that we
would do through the Community Development program, we would
need to have those kinds of surveys done. So, it will
actually be a slightly different type of income survey than
the one that's being done now for Water Development Board.
COMMISSIONER WILLIAMS: The one that you would do
would be for -- strictly for C.D.B.G.?
MR. HARTZELL: It could cover both, but it's more
specific, and so it would work for C.D.B.G.
COMMISSIONER WILLIAMS: Are you going to do this
door-to-door or by mail?
MR. HARTZELL: Door-to-door.
COMMISSIONER WILLIAMS: Okay. All right. That's
different, then. We need to move this particular one -- I
would move that we authorize a request for proposals seeking
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
40
a firm to provide colonia area planning services under Kerr
County's C.D.B.G. program contract number 727175. That's the
motion.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? All in
favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER WILLIAMS: On the second agenda
item -- thank you, Eric, on that one. On the second agenda
item, Judge, we wanted to talk a little bit about -- and I
think Eric has prepared something for the Court -- talk about
where we are in terms of Ranchero Road, Phase IV, and
anything else that -- that we may be eligible to participate
in. Here, Judge, I have one.
JUDGE TINLEY: Okay.
MR. HARTZELL: All right. This memo that I'm
passing out just -- it's kind of for your, maybe, future
reference. You don't necessarily have to read it right now.
I'll go over it real quick for you. There's actually several
things going on with these Community Development grants right
now. The County has a pending 2008 Community Development
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
41
grant to put additional sewer -- new sewer lines and
connections into the Kerrville South area along Ranchero
Road, pretty much the entire length of Ranchero down to, I
believe, Quail Valley, and then there's also a small amount
of Quail Valley that's in this grant that will -- I think the
first, maybe, six houses on the south end of Quail Valley,
the dead-end side, are in this grant as well. The State has
its funding allocation. They have not made the formal awards
yet, but the County's score was high enough that it looks
like you'll get a 2008 grant. You'll be getting this grant
probably in the next month or two. And you may get a call
from someone at the State to set up a site visit, and if you
do, that's what it's for is for this new grant. They want to
come and look at the target area and meet with you and tell
you what your responsibilities might be for that grant, so
that might be coming in the next couple weeks from O.R.C.A.
Let's see, U.G.R.A. is providing the match for that grant,
$12,500.
COMMISSIONER WILLIAMS: It says 25 here.
MR. HARTZELL: Oh, I'm sorry, that's right. It
is -- it is $25,000, I'm sorry. This is a Colonia Fund
grant, so the match is 25,000, that's right. Sorry. Let's
see. The next time that the County will able to apply --
you're eligible to apply for the 2009-10 cycle, which will
have applications later this summer, maybe early fall, and
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
42
that's for two different programs. One's the Community
Development Block -- the Community Development Fund, which is
a 20 -- I'm sorry, $250,000 grant. The second is Colonia
Fund, $500,000 grants. These are -- these funds have
exclusively been used in the Kerrville South area thus far.
The City of Kerrville's used one, their Community Development
grant, to do the Blue Ridge-Ocaso, first phase of that. And
I have mentioned at the bottom that Ingram also is going to
receive a new grant to do sewer connections for their sewer
system, so there's lots of sewer going on, it sounds like,
all over the place. Which is, you know, a good thing, with
the river that you guys have flowing through here. So, those
two grants will be -- will be coming back in the next couple
months. They're still ironing out some details on those
grants. In fact, Judge Tinley, I think, is on -- he's on --
the chair of a committee that's basically reimagining, I
guess, the entire scoring process for how these grants are
funded.
JUDGE TINLEY: That's a polite term.
MR. HARTZELL: Yeah, exactly. It's quite a
rigmarole, from what everyone's saying. The regions have
kind of gotten dumped on them, and they're getting some
guidance from the State about it. There were some changes
made in the types of projects that are funded, I believe, at
the Alamo meeting. Correct me if I'm wrong, but streets may
2-11-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
43
actually be fundable before they're all done. Is that
something that y'all are kicking around?
JUDGE TINLEY: We -- we adjusted the weighting of
the projects such that it may allow for some of those
projects to get funded, whereas under previous weighting and
our guidelines, there probably wasn't a Chinaman's chance.
MR. HARTZELL: Right. These grants have long been
kind of water/sewer grants, and -- but they're -- actually,
they're federal funds, and they're eligible -- the eligible
activities are quite broad. And, so, some of the committees
around the state, the regional committees to set up the
scoring for these things, are looking at maybe putting
drainage or streets into a higher category, so that could be
something that the County might be interested in for its
Community Development grant, which will be again this summer.
The Colonia funds there would still remain for water and
sewer use only, so those are coming up in the next couple
months. We'll be back to talk more about those as they draw
closer.
COMMISSIONER WILLIAMS: I notice on the fourth --
the third item that you've included in the '09-'10 C.D.B.G.
Colonia Fund, public water, sewer service, infrastructure and
connections, and the replacement of failing septic
tanks/cesspools in designated colonia areas. That is similar
to some of the funding that we got for Kerrville South,
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
44
correct?
MR. HARTZELL: That is --
COMMISSIONER WILLIAMS: We did provide funds for
hookup and the remediation of septics; is that correct? Same
thing.
MR. HARTZELL: That's correct.
COMMISSIONER WILLIAMS: Now, do you see the
possibility that we could file for and -- and perhaps obtain
a grant for this same purpose in conjunction with what we're
seeking to do through the Texas Water Development Board in
Center Point, eastern Kerr County, and for the same purpose?
MR. HARTZELL: Definitely, yes.
COMMISSIONER WILLIAMS: Okay.
MR. HARTZELL: In fact, these funds are often used
to provide that -- that portion of the -- of the work. The
private yard -- private service lines, and the
removal/mitigation of the septic tanks or cesspools or
whatever the folks were using previously. In fact, we can
even go as far as, in some cases, folks who are on private
wells, we've -- we've used the money to take them and put
them on public water when there's a problem with a lot being
too small or something like that.
COMMISSIONER WILLIAMS: You're going to advise us
as to when it's appropriate to -- to approve the filing of an
application?
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
45
MR. HARTZELL: Yes.
COMMISSIONER WILLIAMS: And that is not today?
MR. HARTZELL: That is not today.
COMMISSIONER WILLIAMS: Okay.
MR. HARTZELL: This is just information.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Okay. First, do you pretty
much work exclusively with these Colonia Fund grants and --
and Community Development grants? Is that your expertise?
MR. HARTZELL: Primarily, yeah. There's actually
some other programs within -- within this. There's economic
development type grants. We do a lot of park -- Parks and
Wildlife grants. We're actually working with City of
Kerrville; they have four -- we just helped them to get
funded four Safe Routes to School grants. I don't know if
y'all have heard about that, to get the sidewalks and all
that in the areas around some of the elementary schools. We
do other grants like that, that primarily focus on
infrastructure and community development, economic
development, housing, stuff like that.
COMMISSIONER LETZ: Okay. And one other comment;
it's more just a general comment. I think it's just a good
opportunity, when we get a summary like this, to -- to look
at -- it's amazing what we've been able to accomplish, along
with our partners in this area, with U.G.R.A. They've
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
46
provided the bulk of the match funds along the way. And
it's -- I mean, in the last, I don't know, ten years, however
long we've been doing it -- five, six, whatever it is, we
have done a phenomenal amount of projects to improve the
water quality of the Guadalupe River, basically through
septic systems and things like that. And I just think it's a
good opportunity just to, you know, thank our friends over at
U.G.R.A. that have partnered with us in this whole area.
Certainly, Commissioner Williams has been kind of
spearheading this, and had the vision from day one to proceed
with Grantworks down this road.
COMMISSIONER WILLIAMS: I think you're absolutely
right, Commissioner. U.G.R.A.'s been a good partner, and
will continue to be, I hope, in all these things that we're
doing, and commend them for their diligence and willingness
to do that. A lot of people lose sight of the fact that, in
addition to helping people in terms of their own situation,
they are also cleaning up creeks and -- and our natural
resources.
COMMISSIONER LETZ: And this -- I think it all
really got started because of Camp --
JUDGE TINLEY: Camp Meeting Creek.
COMMISSIONER LETZ: When it got to being as
polluted as it was, and that was noted by the state,
T.C.E.Q., and they had some pretty serious --
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
47
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: -- concerns about that. And
this pretty much has gone a long way to help clearing that
up, correcting -- making the water quality much greater in
the whole river, actually.
COMMISSIONER WILLIAMS: Exactly right. Okay. So,
we've got the RFP taken care of for today. That has to be
advertised, I assume?
MR. HARTZELL: Yeah. We'll provide the information
to the County to take care of that process.
COMMISSIONER WILLIAMS: Okay, very good. And then
you'll keep us appraised of where we are.
MR. HARTZELL: Sounds good. Thank you.
JUDGE TINLEY: Thank you, Mr. Hartzell.
COMMISSIONER WILLIAMS: Thank you for coming down.
COMMISSIONER BALDWIN: Nice to see you.
JUDGE TINLEY: Let's go to Item 3; consider,
discuss, and take appropriate action to approve the posting
of signs in Flat Rock Lake Park to encourage pet owners to
clean up after their animals.
COMMISSIONER WILLIAMS: Pet subject.
MR. BOLLIER: We have a problem with people with --
COMMISSIONER WILLIAMS: No pun intended.
JUDGE TINLEY: Yes.
COMMISSIONER OEHLER: Sure.
z-il-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
48
MR. BOLLIER: We have a problem with people with
their animals down in the park, just basically their dogs.
They're just letting them -- you know, they don't clean up
after them. There -- there's --
COMMISSIONER LETZ: Piles.
MR. BOLLIER: -- dog poo, okay? There are a lot of
people that like to come down there at lunch and have picnics
or whatever, and, you know, you can't put a blanket on the
ground if there's dog poo on the ground. So, you know, I
would just like to see something done in the parks that
would -- you know, that would encourage these people to clean
up after -- after their animals.
COMMISSIONER WILLIAMS: What does the sign say that
we put up at the entrance? Did it have something to do with
keeping your animal on a leash or within verbal control and
cleaning up after their animal?
MS. ROMAN: Basic -- it doesn't say anything about
them cleaning up after their animals. Tim approached me with
this about two months ago. I did explain to him that there
was nothing in the county order -- there's no poop scoop law,
nothing of that nature. I can say that I have had several
complaints, people calling me, wanting to know if we can do
something about it. I can't enforce a law that's not in
place. So, Tim and I talked about it -- Tim and I talked
about it and decided that maybe we could come to y'all and
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
49
see if there was just a sign that we could put up, just
asking people to be kind enough to, you know, maybe pick up
after their own animals.
COMMISSIONER WILLIAMS: I seem to recall that one
of the strong advocates of "letting my dog run loose in Flat
Rock Lake Park" stood before this Court and said something to
the effect that if the Commissioners Court doesn't put on
these restrictions and deny us this right and privilege, that
we will clean up after our dogs, and we'll even put those
plastic gloves out there that you can do that with.
MS. ROMAN: That's correct.
COMMISSIONER WILLIAMS: Has that happened?
MS. ROMAN: No, sir.
COMMISSIONER WILLIAMS: I didn't think so.
MS. ROMAN: That's why we're asking that a sign be
placed up there with -- you know, just asking them to please
clean up after their pets.
COMMISSIONER BALDWIN: Are you talking a permanent
sign?
MS. ROMAN: Yes.
COMMISSIONER WILLIAMS: If we can do that.
COMMISSIONER BALDWIN: I hate signs. The -- I
remember we had a -- we had a resident engineer with TexDOT
here one time that literally talked about putting a sign up
that says please beware, there's a sign ahead. You know,
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
50
just signs everywhere you go. I think we ought to unleash
that dog that lives up there on the corner on these -- on
these folks.
COMMISSIONER WILLIAMS: With or without the dart in
him.
COMMISSIONER BALDWIN: Yeah. With or -- with the
dart in him. That would do it.
COMMISSIONER LETZ: Why can't we put -- have you
done the -- can we put the verbiage on the same sign?
COMMISSIONER WILLIAMS: No. The one we've got is
on the largest plate that Road and Bridge has, and it's
pretty well full of verbiage. And it's at the entrance, I
believe, --
MS. ROMAN: Yes, sir.
COMMISSIONER WILLIAMS: -- as you come into Flat
Rock Lake Park, but everybody ignores it. And, as Tim knows,
they come in from the other entrance too. I think part of
your problem had to do -- or was down there where the bridge
is under construction as well, in that area of the park as
well.
MR. BOLLIER: Yes, sir.
COMMISSIONER WILLIAMS: So they come in from all
different angles, and they -- some read the sign, some ignore
it. Most ignore the sign. Some don't even know it's there.
So, I guess we need to have some park regulations again
2-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
51
that -- as Janie's referring to, that deal with this subject.
And if it doesn't get better, then we need to think about
some alternative matters. So, maybe you and I can get
together, and Commissioner Oehler, and we'll figure out what
we need to do in terms of signage --
MS. ROMAN: Okay.
COMMISSIONER WILLIAMS: -- and park regulations
that deal with this. And we'll have all of our friends --
our furry-friend friends here in court again, and we'll go
through this issue one more time.
MS. ROMAN: Okay, sounds good.
i
COMMISSIONER LETZ: Commissioner, while we're
looking at that, I think one of the things we talked about
previously was having one side of Third Creek or the other
leash-free and the other side leashed, or something like
that. Since the bridge is nearing -- is approaching --
sometime, it is approaching completion, that would allow
people to get to the other side, that might be another -- a
way to look at it to keep, you know, part of the park
leash-free and part of it leashed.
MS. ROMAN: I think that would be a great idea if
you could have one part, just as you said, leash-free and the
other one leashed. I think that would solve a lot of
problems.
COMMISSIONER WILLIAMS: It's something for us to
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
52
talk about.
COMMISSIONER LETZ: Something to look at when
you --
COMMISSIONER OEHLER: Yeah.
MS. ROMAN: Okay.
COMMISSIONER OEHLER: We can get together and talk
about that in the near future, maybe come back at another
meeting with a recommendation.
COMMISSIONER WILLIAMS: Thank you, Tim.
MR. BOLLIER: Thank you very much.
JUDGE TINLEY: Would that possibly include darting
the owners of animals that don't pick up after the animals?
COMMISSIONER WILLIAMS: What a novel approach,
Judge.
JUDGE TINLEY: Anything else on that item? We've
got a 10 o'clock timed item to consider, discuss, and take
appropriate action to approve a resolution approving and
adopting the Kerrville/Kerr County Economic Development
Strategic Plan and establishing the Economic Development
Incentives Committee. As I'm sure all of you remember, back
in June of '06, this Court and the City Council of the City
of Kerrville jointly passed a resolution calling for the
establishment of a committee to explore and develop an
economic development strategic plan. And pursuant to that,
Commissioner Williams and I, as representatives of this
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
53
Court, and Councilman Todd Bock and Chuck Coleman, as
representatives of the Kerrville City Council, and five other
fine citizens of this community, which we believe were
broadly representing, and also we had a number of resources
to the committee -- some of those people are in this room
right now, and we appreciate your being here -- we worked for
about a year and a half, and eventually getting the
assistance of an expert consulting organization, TXP, which
was obtained through funding which was graciously provided by
the Economic Improvement Corporation, which we greatly
appreciate. And at the end of the day, we came up with a
Kerrville/Kerr County Economic Development Strategic Plan.
We rolled that out to the public -- I believe it
was the 24th of last month. And one of the ringing comments
that we got was, "That's great. Keep it moving forward."
That's what we're here for today, is to keep it moving
forward. And what you have before you today, gentlemen --
I'm sure all of you have digested this to the n'th degree, of
course -- is to ask this Court, jointly with the City
Council, which will consider it tomorrow evening, to approve
a joint resolution which approves and adopts this plan, and
further, goes one step further to establish the -- the
Economic Development Incentives Committee, which the plan
recommends be established in order to start moving this thing
forward. And that's essentially where we are today.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
54
COMMISSIONER BALDWIN: Incentive.
JUDGE TINLEY: Incentives Committee.
COMMISSIONER BALDWIN: Incentive Committee.
JUDGE TINLEY: Mm-hmm. Now, the committee -- let
me quickly point out, that committee will have no authority
to make any binding decisions on either the City Council or
this Court.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: But it will be a unified effort, as
this thing has been since the very beginning, and I think
that's very, very important, to develop guidelines, number
one, and number two, look at specific instances of economic
development proposals, and based upon a thorough review of
both of those, make recommendations to this Court and to the
Kerrville City Council for incentives or considerations to be
given, with the final authority to make those policy
decisions resting in both the City Council and this Court.
COMMISSIONER LETZ: Judge.
JUDGE TINLEY: Yes, sir?
COMMISSIONER LETZ: I might not have read to the
n'th degree, but in reading the document, what came out to me
as the most important thing, and the next step, is setting up
basically one entity to deal with economic development, as
opposed -- you know, I mean, and it didn't really say how
that's done; just kind of talked about that there needs to be
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
55
a local contact person, things of that nature. Wouldn't that
be what the first committee should look at, as to how we do
that? Because, to me, if we don't tackle that first, the
rest of it might as well just go in the waste can.
COMMISSIONER WILLIAMS: I think -- I think -- the
Judge is going to answer that.
JUDGE TINLEY: I think what you're referring to is
what's referred to in the plan as "Economic Development
Policy Council," I believe is the terminology used. That
organization or group is, in fact, in our way of thinking --
the committee's way of thinking, the incentives committee, to
put together the guidelines, the -- the matrix, the proposed
policy recommendations for consideration, and then using
those to look at specific instances, and studying whether or
not, on a case-by-case basis, to deviate up, down, or
wherever. But I -- I think, essentially, that's what this
incentives committee, as recommended by the plan,
accomplishes.
COMMISSIONER WILLIAMS: Let me add one thought to
that, Commissioner. Hold your thought just a second. The
Judge and I have had some discussions with members of Council
about this, and what -- what this incentives committee has to
have in conjunction with what it does is a process, and I
think your question goes to the process. What happens when a
business or industry, either coming in from outside or one
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
56
who's already here, determines that it wants to move
something forward, to expand its business, to come here to
take a look and so forth. So, that particular business,
whomever, from outside or inside, makes a contact, and
perhaps, not knowing where to go since we don't have an
economic development person as a staff person for
Commissioners Court, that person makes a -- a query to Mr.
Overby at KEDF.
What we envision, in working with two members of
Council -- and they'll be talking about this same thing
tomorrow night -- we envision that that query from whomever
at that point triggers two things. It triggers the
application for incentive consideration, and it triggers
immediate notification to the other entities, KEDF being part
of it, Chamber or whomever, or the City, so that everybody is
on board and knows exactly what and who has made an
application, and what their business is and what they're
seeking, and then the process begins in terms of the
application. So that the application then comes before this
committee, that incentives committee, and is reviewed in
terms of what it is that person is proposing -- that business
is proposing, how it proposes to do it, what's the time
frame, how many jobs, what it's seeking in terms of
consideration from this Court or the City Council or
whomever, so that we're all on the same page at the same
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
57
time, doing the same thing for the same purpose.
COMMISSIONER LETZ: But I don't -- that doesn't
answer my -- or is not what I got when I read through this a
little bit. My problem is that you're still telling people
they have to deal with the Chamber, KEDF, the City, and the
County.
COMMISSIONER WILLIAMS: No.
COMMISSIONER LETZ: No, we're having some
incentive -- what you're saying --
COMMISSIONER WILLIAMS: No.
COMMISSIONER LETZ: You just said that. To me, we
need to have one entity handling economic development,
period. We don't need to have people talking to the City, to
the Chamber, to KEDF.
COMMISSIONER BALDWIN: That's what he's trying to
say. But how you get there is my question.
COMMISSIONER LETZ: Well --
COMMISSIONER BALDWIN: As an example, tax
abatements, which are a big thing with me. Somebody comes in
and wants to know specifically, what is the County going to
offer us? Well, is Mr. Overby going to know what the County
offers us? How do we get to the point to where he has the
knowledge and understanding of what the County's going to
offer?
JUDGE TINLEY: He will have some guidelines.
2-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
58
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: That will have been developed by the
committee and approved by the constituent agencies, be it
Commissioners Court, City Council, both Kerrville and
Ingram -- City of Ingram.
COMMISSIONER BALDWIN: So, your committee will come
in here with a recommendation of some sort.
JUDGE TINLEY: Now, those -- those will be
guidelines, but a process will be developed by which
individual consideration will be given, and that will be the
one place where the process starts, through this committee,
for the purpose of reviewing and staffing and gathering the
necessary information, plugging in the guidelines, looking at
the pros and the cons, and making a recommendation on a
particular case basis to whatever agencies are involved. If
i
it's something in the City of Kerrville, in all probability
it's going to go to the City and the County, because we both
have taxing jurisdiction there, assuming it falls in that
sort of a consideration. But a process will also be
developed which will determine how it's handled, and I think
that's where you're concerned, is how -- how -- rather than
have someone being a proverbial ping-pong ball back and
forth, that's what this is hopefully going to resolve, that
that doesn't occur. What will come before this Court in the
final analysis, after all the work is done inside the
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
59
committee, is a recommendation for this Court to consider.
Same with the City Council of Kerrville or Ingram, depending
upon who's involved.
COMMISSIONER WILLIAMS: That's kind of where it is.
I understand your concern, because we've had that problem
over and over again.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: And applicants get bounced
back and forth, and sometimes they get discouraged and just
go away, saying nothing's going to happen. We recognize 'i
that, and we recognize that as one of the things that has to
be cured. And it has to be cured within the framework of
guidelines that the committee is going to develop for things
that would be legitimate to consider by us, and we're going
to approve those recommendations before this committee starts
its work. Hopefully the City Council will do the same thing.
COMMISSIONER LETZ: The -- who is on this
committee?
JUDGE TINLEY: It's spelled out in the -- in the
resolution. There are essentially six stakeholders.
COMMISSIONER LETZ: Do I have the resolution?
COMMISSIONER WILLIAMS: You should have.
JUDGE TINLEY: Mm-hmm. Let me give you a copy.
COMMISSIONER OEHLER: There it is.
COMMISSIONER LETZ: It wasn't there late Friday.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
60
COMMISSIONER WILLIAMS: Item Number 2.
COMMISSIONER OEHLER: We got this this morning.
JUDGE TINLEY: Section 2 down in the resolution
portion of it. There'll be nine members on that committee,
comprised of myself, or whoever occupies this position;
President of the Kerr Economic Development Foundation,
presently Mr. Guy Overby; President of Kerrville Area Chamber I
of Commerce, Mr. Bondy presently; President of Kerrville
Economic Improvement Corporation, Mr. Priour, who presently
presides as president of that body; Kerrville City Manager;
the mayor of the city -- of the city of Ingram, or his
designee; with the remaining three members to be designated
by those individuals as may be designated by those first six
named, essentially, stakeholders, as we see it, looking at
community and -- and business members, very much as we did
with the -- the committee that was authorized by the joint
resolution of the City and the County, to get this plan done.
We had -- we had a number of individuals, and they, in turn,
comprise the balance of the committee and the resources to
the committee, and that seemed to work very well. It was a
unified effort, a unified result, and that's exactly the way
we want it to continue and go forward.
COMMISSIONER OEHLER: Basically, this committee
would screen applications that wanted to have tax abatements,
or whatever else we could do to help them economically,
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
61
before it would ever come before the Court and the Council.
JUDGE TINLEY: Exactly.
COMMISSIONER WILLIAMS: But they would screen
them --
COMMISSIONER OEHLER: And make a recommendation.
COMMISSIONER WILLIAMS: They would screen them
within the guidelines that are going to be developed and
approved by the Court to begin with.
COMMISSIONER OEHLER: Right.
COMMISSIONER LETZ: But it's not only -- what if
someone doesn't want an abatement? Say, I mean --
COMMISSIONER WILLIAMS: Good.
COMMISSIONER LETZ: I know. But, I mean, is it
going through the same process then?
COMMISSIONER WILLIAMS: Application process.
JUDGE TINLEY: Only if they're seeking some sort of
an incentive which is available under the law from either the
County or the City. There -- there are -- there are
incentives offered by the State of Texas, for example. We
obviously would have no control over that.
COMMISSIONER WILLIAMS: Here's a great
illustration. I don't know if you saw this article or not
in the Express News this past week. Unfortunately, our
erstwhile reporter, Zeke MacCormack, did not write this; it
was written by one of his colleagues, but it has to do with
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
62
New Braunfels gaining the biggest U.S. pool factory. It's an
interesting story, and it deals with the point we're talking
about. It talks about the New Braunfels community got it
right, said the -- says the co-director of this particular
pool company. Your business leaders, your Chamber of
Commerce, your political leaders all worked together very
well to create the incentives that this particular pool
company needed and wanted to move from San Antonio to New
Braunfels. New Braunfels provided a $50,000 grant -- case in
point -- and a $450,000 loan to entice them. It came from
their Economic Improvement Corporation. There are all sorts
of incentives, not necessarily tax abatements. Every single
time, different things can happen, depending on what it is
that they're presenting and so forth.
COMMISSIONER LETZ: But I -- I guess my question
goes -- I mean, if someone doesn't want incentives, do they
still go through the same process?
JUDGE TINLEY: They don't have to.
COMMISSIONER LETZ: So, how are they going to be
handled? Have to just talk to people? Like, if somebody
calls Guy up and says, "I want to locate a" -- you know, "a
pecan plant here."
COMMISSIONER WILLIAMS: Heard that before, haven't
we?
25~ COMMISSIONER LETZ: I know. "Help me find a
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
63
location." What is that person going to do? I would like
that person to go through the same one-stop shopping, rather
than having to deal with looking -- you know, go out to the
airport, look at property, look over here at property, and do
all this. I mean, the assistance. I don't see why they have
to be asking for incentives to get the benefit of centralized
efforts.
COMMISSIONER WILLIAMS: I think your point's valid.
And I think -- I think there should be an application
process. And that -- that illustration is a pretty good one.
Supposing that they -- they move -- as you and I both know,
proposed to move out on the airport grounds, and one of the
things they needed was the moving of the -- of the gas
transmission lines to accommodate that particular piece of
property. That may not be an incentive, but it's an issue,
and it has to be dealt with. What if they needed a road to
get there?
COMMISSIONER LETZ: Or just wanted help as to where
to go. Guy?
MR. OVERBY: Okay. Commissioners and County Judge,
glad to be here with you this morning. First of all, I just
wanted to come back and answer the question about the
incentive committee and the question that Commissioner Letz
is talking about. I would like to say, on behalf of -- of
the Economic Development Foundation, who's the applicant on
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
64
behalf of the committee, it was -- it was a great opportunity
to work with County Commissioners, County Judge, our City
Council folks and our business folks and our resource people
on this process of developing a strategic plan. The plan
that you have before you has a lot of things in there, as we
look at economic development plans for Kerrville and Kerr
County in the next five years or beyond, of how we can have a
strategy and a plan to move forward. This -- this survey and
the plan itself took in great numbers from our communities
and surrounding area. We had a great chance to get the voice
of Kerrville and Kerr County in our numbers and our polls,
and the numbers gave us a strong message on how we're going
to do economic development, and recommendations how we can do
it. This is where it's at today, how we can talk about that. '~
One of the strong things that we're talking about
today, and as Judge Tinley and Commissioner Williams both
talked about, is the need for the -- the incentive committee
to be part of that process for recommendations that come from
this plan to move forward. Part of the process in the past
has been the -- not having that identified, and what we could ~
do and what are those type of things in place. And, of
course, in today's century -- 21st century today, we've got
to be able to have those types of things in place so we can
streamline those type of decisions that need to be made; our
local Economic Improvement Corporation, our 4B sales tax that
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
65
we have here in the Kerrville/Kerr County area. We have an
Initial Response Team that takes those applications in the
process of coming in when people want to make applications to
the 4B, and that I.R.T. team is a committee that actually
hears those applications and looks at those applications and
gives a recommendation to the E.I.C. board for their
consideration at that time to discuss. The committee that
we're talking about here, of course -- that process of having
that committee, I think it's an education process.
Obviously, with economic development, something
that's always ongoing, that will have to -- you know, the
opportunity to educate our folks who are wanting to come here
and expand and those type of things, and they're seeking
those type of resources that they want to do that. The
strategic plan that we have, I can tell you, Commissioner
Letz, that right now, it's -- it's so crucial right now to --
to have the support and to move forward. There are so many
opportunities right now in our community that -- that are
in need of those type of resources that we're talking about.
I think the Judge mentioned some of those. It doesn't have
to necessarily be abatement, but there can be a whole array
of economic tools that could be used for that.
The thing that we're finding out from our strategic
plan, one thing that we do know about is that most -- the
most important jobs are the jobs that we have here right now,
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
66
and 85 percent of our growth in our area in the next five
years is going to come from existing businesses that are
right here, right now. There are companies that are here
right now that are -- are waiting, and developments and
projects that are waiting to exactly hear the support that
comes from our leaders in our community, from the County and
City right now, and the adoption and hopefully the passing of
-- and-the forming of an incentive committee so that we can
look at expansion opportunities and development opportunities
in our community right now. So, the incentive committee is a
very important -- it is a committee that looks at and gives
recommendations back to our County Commissioners where you
folks have that.
The plan also -- and this gives -- if you read the
plan, in there, there's several examples of guidelines that
talks about what different projects and schemes of projects
would be and what recommendations would be, so we have some
type of guidelines to look at in our recommendations that
would come back to our government entities. But I will say
that we're real excited about the opportunity to move
forward. I can tell you that K.E.D.F., as far as the
applicants coming in, we have a lot of folks that knock on
our door first when they're looking for things, and we try to ~
get them -- get them formatted and where they need to go and
those type of things. And I think with the development of
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
67
this plan, we can identify right off the bat if -- if they're
going to come in and help our ad valorem tax long-term, our
primary job growth, if we're able to help our median wage
income in our community, which is low, to be more on the
state level, and our quality of life is going to be -- also
is going to be enhanced with that type of development. This
is the kind of plan that we're trying to put in place so that
we can make those recommendations to you.
COMMISSIONER BALDWIN: I've got a couple of
questions for you, --
MR. OVERBY: Okay.
COMMISSIONER BALDWIN: -- if you don't mind, about
specifics in here. I was thumbing through it, and a couple
of things jumped off the page --
MR. OVERBY: Mm-hmm.
COMMISSIONER BALDWIN: -- that I have questions
about. And in the very front end, Executive Summary
Highlights, SWOT analysis. I can't find any reference
anywhere else to -- would you tell me what S.W.O.T. analysis
is?
MR. OVERBY: The acronym?
COMMISSIONER BALDWIN: Mm-hmm.
MR. OVERBY: Strengths, weaknesses --
AUDIENCE: Opportunities.
MR. OVERBY: -- opportunities, and threats.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
68
COMMISSIONER BALDWIN: So, you guys have all been
to the same little meetings, haven't you?
COMMISSIONER WILLIAMS: We learned that one.
COMMISSIONER BALDWIN: This is good. And then --
MR. OVERBY: That's a good question, though.
COMMISSIONER BALDWIN: Of course it is a good
question. (Laughter.) Number 7, I highlighted, "Labor force
is perhaps the most significant economic development
challenge facing Kerrville-slash-Kerr County."
MR. OVERBY: That's correct.
COMMISSIONER BALDWIN: Labor force. Would you talk
about that just for a second? What do you mean by that?
MR. OVERBY: Well, it's our work force. And,
Commissioner Baldwin, you know, the one thing that we've had
in Kerrville since 2000 -- 2006, we have had an 8 percent
growth in Kerrville and Kerr County. Our surrounding
counties around us, Kendall County's had a 26 percent growth;
Gillespie County is 14 percent, Bandera is 15 percent. Since
2000, we have had a 16 percent increase in full-time
positions here in the Kerrville/Kerr County area, but we've
had an 8 percent growth during that period. And of that
8 percent growth, our primary population is going to be over
55 percent retirees that are coming here, who are no longer
working. So, if you take the numbers and you look at the
full-time jobs, and then we look at what numbers are coming
z-il-os
69
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
in to fill those positions, that's why we struggle. And we
can pick up the newspaper, and we see that there's a lot of
jobs out there that -- that aren't being filled in those
positions.
So, the work force is going to be a long-term
commitment from this community that we have to address, and
that is going to be working with our schools, working with
the Alamo Workforce folks. We have been looking at pilot
programs that we have been doing last year in those type of
stages where we've been looking at work force. We've
actually started doing some type of training with life skill
training, and that's customer service training. Obviously,
it's going to be something that we're going to have to invest
in, and it's something that we're going to have to do for a
long time, and something that probably will be always
ongoing. So, our work force is a critical, critical issue
that we're going to have to address. There's no quick fix to
it, and we're going to have to look internally, and we're
going to have to invest internally to address those issues
for this community.
COMMISSIONER BALDWIN: Thank you. Excellent
answer. One more. Housing is a key issue. It talks about
the building permits from 2003 to the present year, the
increase, which is -- in my mind, is an incredible increase.
MR. OVERBY: Yes, sir.
2-11-08
70
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BALDWIN: And, so, what's that -- what
is that saying?
MR. OVERBY: Well, that's -- that's something,
again, this same type of thing that we're talking about with
work force. We're going to have to address those situations
as a community. And what we're talking about, for example,
the city of Kerrville, since October 1st of '96 through
September 30th of last year, their average job -- I mean
average home that was being built was $237,000. And that's
continuing out in the county. Average home sales in our area
are well over $210,000 over the last year, from our real
estate numbers that we're hearing, as far as houses that are
being sold. I think that the plan mentions in there -- I
think as we start talking about economic development, when
companies are wanting to come into our area that enhance
different businesses that we've got here, there needs to be
an opportunity that we sit down with the developer and say,
you know, We're glad that you're having these jobs come in,
and this is going to be helping enhance our area, but, you
know what? We have another issue in our community that we
need to help with. How can we partner together? How can we
work together? Maybe through some type of working together
on those -- those type of housing issues.
I think another thing that this report also
mentions in here is to further define what the opportunities
2-11-08
71
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
are out in the Center Point/eastern Kerr County areas, to
look at that possibility long-term for our area, and what it
might mean not only for Kerr County, but our regional
partnership with economic people and housing developments
that can help also Kerr County, Kendall County, Gillespie,
and Bandera County. So, it's going to be an issue that's
always going to be ongoing. I think Bob Waller answered it
probably best when we rolled this out on the 24th to our open
community meeting, or public meeting at the high school.
Lots that go for $45,000, $15,000, $30,000 a lot, they just
don't exist. You know, we are in an area that's a
destination area for -- for people that are retiring, and
it's going to continue to be a destination, a place where
people are wanting to come. I think that the baby boomers
that are retiring -- this is the first year of this '46 group
that are retiring at 62, drawing Social Security. And in the
future, Kerr County and Kerrville and, of course, surrounding
areas are going to be always on the radar screen. We're in a
unique situation.
COMMISSIONER BALDWIN: So, we don't have -- we
don't have a work force because everyone that lives here is
retirees and -- and are rich, so they are purchasing --
building homes, $275,000 and up, and even if we had a work
force, they don't -- there's no place for them to live, --
JUDGE TINLEY: Bingo.
2-11-08
72
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER LETZ: I think --
COMMISSIONER BALDWIN: -- is what we're saying.
I'm almost through. Just one more sentence or two.
COMMISSIONER LETZ: Three.
COMMISSIONER BALDWIN: So, has it occurred to you
all that maybe we should stop going out to the east coast and
saying, "Please come to Kerrville and retire"?
MR. OVERBY: Mm-hmm.
COMMISSIONER BALDWIN: "Don't come to Kerrville and
retire."
MR. OVERBY: And I can tell you, the one thing that
we are doing in this community, in this plan, we realize
that, first of all, that's where economic -- this is the
education process that -- and this is where we need to
educate our community as best as we can. Over the period of
economic development, for years, it used to be attract,
attract, attract, attract. That's not what we're about. We
realize as a community that 85 to 86 percent of our job
growth in our community, what we can digest as a community,
is already here. And we need to help the gentlemen that are
out in the -- and I'm just using examples -- out at the
Commerce Park, out at Mooney Airplane, at the industrial
park, those companies that come to us and say, "Oh, by the
way, we'd like to double our size of our building that we
have here, and we'd like to add 10 or 20 employees. How can
2-11-08
73
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
you help us?" And I think that's the reason why this plan is
trying to -- to be addressed and go from there.
I think this plan also talks about, for those
companies that we do attract, Commissioner, that we bring
here, we obviously want those companies to come in and
enhance what we already have here. So, if we have an H.E.B.
who is the mother store here, for example, if we're able to
go to H.E.B. and say, How can we bring another -- do you have
something in your long-term plan with the food industry
that -- with your company? Can we rekindle the opportunity
to expand in that area in our community with you? And let
you know that Kerrville could be there. And that's one of
those things that we're enhancing one of our existing
businesses, and those are the type of things that we can
digest. We cannot go out and bring in a -- a company that
wants 300 jobs here right now; we don't have the work force
to do that. So, we can digest those companies that are here
that want to expand, and that's the best way in our plan now
we want to proceed with.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: A couple -- I want to
piggy-back a little with what Commissioner Baldwin was
saying. I think what you're saying is you need a balanced
growth. Because I -- while, hypothetically, I may agree with
Commissioner Baldwin putting the sign up, "We don't want you
2-11-08
74
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2~
to come here any more" --
COMMISSIONER BALDWIN: I didn't say that.
COMMISSIONER LETZ: I know. I know.
COMMISSIONER BALDWIN: I didn't say that.
COMMISSIONER LETZ: But I think that if you look at
the job generation that we have had, I would suspect the
majority of it's in the construction sector, and we don't
want to lose that sector that is doing quite well in this
community, the new jobs. We just need to expand more and
have, you know, some additional jobs -- like I say, more the
manufacturing, more non-construction type jobs, things that
folks are going to target the type of jobs. On your point
about housing, I think, you know, it's -- just to tie it
together, this is why the whole Center Point/east Kerr County
water and sewer project is so critical, because it is how we
get lot sizes smaller, and smaller means less expensive.
We -- in the county right now, you cannot build -- I mean,
the average person can't afford land. Just can't; it's too
expensive right now. With 5-acre minimum lot size, it just
isn't going to happen. So, you've got to get -- and that is
the direction I think the County -- we're trying to go that
direction, and we've hit a few road bumps along the way.
COMMISSIONER WILLIAMS: We tried to make that
comment -- that very point at the tail end, when this was
presented at Tivy High School here, what, two or three weeks
2-11-08
75
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ago, after Bob Waller made his response to a realtor
complaining about the fact that there wasn't any work force
housing in Kerrville. Well, there's not going to be to any
great extent. It's going to come at another area where land
prices are less and we participate in getting the
infrastructure in place. That's where it's going to happen;
you're absolutely right.
COMMISSIONER LETZ: And as my -- I think I had
another point, but I forgot it, which I'm sure makes y'all
very happy. The -- I have no problem with approving
everything y'all want. I just think that still -- I still
think we probably need to focus a little bit more on one-stop
shopping. That's what I was hoping was going to be coming
out of this. I don't see that totally in here. I see, you
know, working towards it, getting closer, and certainly we do
need to proceed.
JUDGE TINLEY: I see -- I see it as moving that
direction. For folks that don't want anything that -- that
falls into the incentives -- under that umbrella, I guess my
initial question is, what authority would we have to require
them to come before that group? Certainly, if they have to
get permits -- building permits from some jurisdiction, or if
they have to -- if they have to get septic, you know, that
falls under our Environmental Health. With regard to the
balanced growth you're speaking of, Commissioner, we don't
a-ii-os
76
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
have to solicit the retirees. I mean, I don't think we can
keep them out at the point of a gun, frankly. What we need
to do is to build more balance in our tax base, and folks
need to get used to the idea that the -- the real solution to
the heavy ad valorem tax burden on their home, their
residence, is economic development. It's not the tax freeze.
The tax freeze for the over 65 may give a little temporary
respite, but the real solution is a better distribution of
this tax base between residential and business and
commercial. It's a losing proposition over on the
residential, and we need to throw that -- we're terribly out
of balance over there. We need to throw as much as we can
over into the industrial, business, commercial. The
residential's going to continue to grow. I don't think we
can keep it away. But this is a start, and hopefully it'll
work.
COMMISSIONER BALDWIN: Don't you guys go back to
your place and tell anybody that I was agreeing with a
lawyer, -- (Laughter) -- but he -- what he's saying there, in
my opinion, is probably the most important part of this
entire issue.
COMMISSIONER OEHLER: No question. Been out of
balance for many, many years.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER OEHLER: If you attract a business
2-ii-os
~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that would -- that would bring in middle income type people
to service that industry, that's going to be a big, big
uplift to the economy around here. The service industry is
probably one of the biggest things we have right now, with
these retirement communities. And those people get paid
quite well for their -- for their work, but it's not the same
as bringing in industry and middle income.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER LETZ: I make a motion we approve the
resolution submitted, and adopt the Kerrville/Kerr County
Economic Development Strategic Plan, and establish an
Economic Development Incentives Committee as set forth
therein.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item as indicated. Further question
or discussion?
COMMISSIONER BALDWIN: I just want to make one
point, that -- and rightfully so, the Commissioners Court's
doing it before the City. (Laughter.)
COMMISSIONER WILLIAMS: Well put.
JUDGE TINLEY: Other questions or discussion? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
z-ii-os
78
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(No response.)
JUDGE TINLEY: That motion does carry. Let's go
ahead and take about a 10-, 15-minute recess.
(Recess taken from 10:40 a.m. to 11:00 a.m.)
JUDGE TINLEY: Okay, let's come bark to order, if
we might. We were in a brief recess. We'll go to our 10:30
timed item, Item 14, to consider, discuss, and take
appropriate action for release and termination of a road
easement to drill a new well. Mr. Richards?
MR. RICHARDS: Morning, Judge, Commissioners.
JUDGE TINLEY: Morning.
COMMISSIONER LETZ: Morning.
COMMISSIONER OEHLER: Morning.
MR. RICHARDS: Well, this may be the simplest item
on your agenda this morning.
COMMISSIONER WILLIAMS: That would be a good thing.
MR. RICHARDS: Back in August of last year,
Mr. Wiedenfeld came before you seeking a release or an
abandonment of a road easement out in Oak Ridge Estates. You
sent him to go dot his I's and cross his T's, and so he's
done that. The road easement was dedicated pursuant to a
plat for Oak Ridge Estates back in 1978. And two of the
questions I think Mr. Wiedenfeld came away from that ~'
Commissioners Court hearing with were, who owns the property?
2-11-08
79
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And we've determined, both by title search and survey, that
the location of this road easement is wholly within Lot 13,
and we know that lot 13 is owned by Mr. and Mrs. Ibarra, and
they have since deeded about a quarter of an acre to
Wiedenfeld Water Works, and that deed is in your package.
And so we're asking the County to just abandon the road
easement only as to that .029-acre tract, so that Wiedenfeld
Water Works can drill a new well to serve both that
subdivision, as well as potentially serve adjacent needs.
COMMISSIONER LETZ: Refresh my memory. Is there a
road -- what is that -- what kind of road is it?
MR. RICHARDS: I don't know. Charlie, is there a
road there?
MR. WIEDENFELD: Just a gravel road that leads up
to my well, 50 foot.
COMMISSIONER LETZ: Not a County-maintained road?
MR. WIEDENFELD: No.
COMMISSIONER LETZ: So we don't need to have any
kind of public hearing; we can just get rid of this one,
right?
JUDGE TINLEY: The -- was the well drilled at the
time the plat was outstanding?
MR. RICHARDS: The original well?
JUDGE TINLEY: Mm-hmm.
MR. RICHARDS: I don't know when the original well
2-11-08
80
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
was drilled.
MR. WIEDENFELD: I'm not --
JUDGE TINLEY: I guess my question is, how did it
come to happen that a well, a tank, a well house, two other
tanks were placed within a roadway easement of a platted
subdivision?
MR. RICHARDS: They weren't. If you go back and
you look back on the original plat, that well lot was
dedicated as a well lot, and the road easement only went up
to it.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Okay. So it went up to the northern
boundary of that 0.29-acre tract?
MR. RICHARDS: It went up -- the easement went up
to the southern -- you're right, yeah, the northern boundary
of the .029-acres.
JUDGE TINLEY: So, what's designated on the plat as
"well lot" is not actually part of the road easement, and all
you're asking is for that additional 0.29.
MR. RICHARDS: Yeah. It's just 25 feet of road
that we want the County to abandon the easement as to so that
he can drill a new well on it.
JUDGE TINLEY: Okay. Okay.
COMMISSIONER LETZ: I'll make a motion that we
abandon the .029-acre portion of the road easement, and that
2-11-08
81
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
is the northern 25-foot section of that 50-foot road
easement.
MR. RICHARDS: Correct.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion?
COMMISSIONER BALDWIN: I think if the Ibarras have
deeded the property, I mean, it's -- this is a no-brainer, to
me.
JUDGE TINLEY: Mm-hmm. Further question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: How much did that cost you?
MR. RICHARDS: Don't answer that. (Laughter.)
JUDGE TINLEY: Okay. Let's move to our 11 o'clock
timed item; consider, discuss, take appropriate action on
request from the Kerr County Fair Association, Incorporated,
to utilize space of approximately 30 feet by 50 feet on the
southeast corner of the project pavilion, formerly known as
the horse barn, at the Hill Country Youth Exhibit Center.
How are you, Ms. Yarbrough?
2-li-os
82
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. YARBROUGH: I'm fine. Good morning. I
appreciate y'all's time. I'm representing the Kerr County
Fair Association Board, and in the development of the horse
barn into the project center, we are requesting to utilize
the southeast corner, approximately a 30- by 50-foot space,
and we would like to enclose that for storage. And in that
storage, we want to put our float, which now sits out in the
weather, and move other items that we have in a smaller
storage building out on the grounds and put everything in one
place and clean it up out there. We will comply with
whatever standards you want us to develop that enclosed area
by, and keep in close contact with y'all.
JUDGE TINLEY: Is that part of the plan?
COMMISSIONER OEHLER: Ms. Yarbrough -- I met with
her the other day; I don't remember what day it was exactly.
It was Wednesday, and we discussed this, and it seemed like
that was a logical place for them to do it, and they are in
agreement with that. We had talked about it some, like, over
a year ago when I first got in office. She called and asked
me if they couldn't meet with us, Jonathan and I, to decide
where they could put a permanent storage. At that time, we
were kind of already beginning to take and make plans of some
new improvements going on out there, and hated to designate
an area that wouldn't be within the scope of what we felt
like we wanted to do with some of the area that's available.
2-11-08
83
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
And this is an existing place under the horse stall barn,
and, you know, the horse stalls are gone, thank goodness, and
we have a project area for 4-H. And it's only -- seems to me
like I believe we have enough room to let the Fair
Association have that area, and we can also build a shop
area, hopefully, for Maintenance, and maybe some other
storage and some other things that won't really -- it won't
take up all the space, in other words. We'll still have room
to do everything else we need to do under there.
JUDGE TINLEY: This fits within the project that
you guys are contemplating for that horse barn project?
COMMISSIONER OEHLER: It does in my mind.
COMMISSIONER LETZ: Yes, it does.
COMMISSIONER WILLIAMS: It's part of the original
plan.
COMMISSIONER OEHLER: Right.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: It's just a matter -- we've
come to the point where they'd like to have the designation
of the use of that area, and I felt like it needed to be
something the Court authorized.
COMMISSIONER WILLIAMS: I do have one question,
though, with respect to -- you do have an existing storage
building --
MS. YARBROUGH: Right.
2-11-08
84
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER WILLIAMS: -- right now. Is that
going to be -- to continue to be there, or is that going to
go away?
MS. YARBROUGH: We're going to take everything from
there and put it in one place, and remove that building and
clean that area up.
COMMISSIONER WILLIAMS: Good.
COMMISSIONER OEHLER: I believe this cleans up the
area, and it's going to make it good for them. They're going
to have a little -- they originally requested something like
a 30-by-40, but what's available that's kind of within the
post design out there, it makes it much easier to enclose if
you have an extra 10 feet.
COMMISSIONER LETZ: Have we talked -- or have you
thought about materials, what you're going to make it out of?
MS. YARBROUGH: As I discussed with Mr. Oehler
here, we want to do whatever complies with the rest of the
stuff that you're doing out there. We're going to be going
out for grant funding, and that's another reason for coming
to y'all, that we need to show them that we do have
permission to do this. And we're looking at doing a metal
building like the existing structure out there, and if y'all
have color schemes and stuff, we will go with that too.
COMMISSIONER OEHLER: I believe we ought to stay
with the color scheme that's on the existing barn on the east ''
2-11-08
85
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
side, the existing indoor arena, which is kind of a cream
color, so that everything matches and we don't have -- look
like, you know, --
COMMISSIONER BALDWIN: Easy.
COMMISSIONER OEHLER: -- the rainbow.
MS. YARBROUGH: Right.
COMMISSIONER LETZ: Just work with Maintenance on
that.
MS. YARBROUGH: Right.
COMMISSIONER LETZ: Make sure they approve anything
like that.
COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: Good deal.
COMMISSIONER OEHLER: I move that we allow the Kerr
County Fair Association to utilize an approximately 30-by-50
foot space at the -- in the existing project barn at the Kerr
County Exhibit Center.
COMMISSIONER LETZ: Second.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on the motion?
COMMISSIONER LETZ: I think the only other part of
this, we probably ought to put into the motion that this will
cancel Court Order 26874 that Commissioner Baldwin
researched, which allows you to put the temporary building
2-11-08
86
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
out there.
MS. YARBROUGH: Right.
COMMISSIONER OEHLER: That will be part of the
motion.
JUDGE TINLEY: Upon the movement into -- into the
new space.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: Right.
JUDGE TINLEY: Okay. Further question or
discussion? All in favor of that motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Thank you,
Ms. Yarbrough.
MS. YARBROUGH: Thank y'all for your time.
JUDGE TINLEY: Let's go back to Item 4, quickly;
consider, discuss, take appropriate action on implementation
of the burn ban. Is this the annual -- annual authorization
that we've got to do under state law?
COMMISSIONER OEHLER: Quarterly.
MS. GRINSTEAD: Every 90 days.
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Second.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
87
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion?
COMMISSIONER LETZ: Just A comment. And I know
there's been a little bit of confusion regarding the
governor's declaration, and I asked Jody to do some research
on that, and that declaration is -- really has no impact on
our burn ban. It's -- it's a declaration of emergency, I
guess because of conditions, but we still have full authority
to lift or impose the burn ban as we see fit in the county.
And there's just a lot of -- there's confusion between, you
know, the Sheriff and NRCS as to .who -- whose rules were
trumping whose rules, and this really does not do it. Though
I did talk to Joe Franklin this morning, and -- and his
feeling is that no prescribed burns will be allowed in the
county until further notice, because of that declaration, for
the most part.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll go to
Item 7 -- excuse me, scratch that. We'll go to Item 8;
consider, discuss, take appropriate action to go out for
z-ii-oa
88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
annual bids for road base, cold mix, aggregate, emulsion oil,
and corrugated metal pipe. Mr. Odom?
MR. ODOM: Good morning, gentlemen. We're asking
the Court to give authorization for us to go out for annual
bids on road base, cold mix, aggregate, and emulsion oil and
corrugated metal pipe. Once we put out the bids, we will
come back to the Court for awarding the contracts March 24th,
2008, at 10 a.m., in Commissioners Court.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: 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: The motion does carry. We'll go to
Item 9; consider, discuss, take appropriate action for final
revision of plat on Lots 5A and 5B, Grotto Springs Ranch
Number II, as set forth in Volume 7, Page 287 of Plat Records
and located in Precinct 3.
MR. ODOM: Yes, sir. Mr. Voelkel came to me just a
little while ago and asked that -- he could not get all the
signatures for the plat, so I would ask the Court to pass on
this, and I'll bring it back next -- next time.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
89
JUDGE TINLEY: No problem. Anyone on the Court
have anything to offer on that?
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: We'll move to Item 11; consider,
discuss, take appropriate action on request from Hill Country
Council on Alcohol and Drug Abuse, Inc., to have the County
Judge sign a memorandum of understanding between the Kerr
County Court and Hill Country Council on Alcohol and Drug
Abuse so they may apply for funding with the Department of
State Health Services. Is a representative of the Hill
Country Council on Alcohol and Drug Abuse present?
Ms. Grinstead, what -- what's the timeline on this particular
item? Other than their request and it being placed on the
agenda, I've not had any specific communication from them.
Have you?
MS. GRINSTEAD: I have not either. Just the letter
JUDGE TINLEY: I'd like to confirm that this is not
something that's not in conformity with what we've done
previously before we go forward on that. So, why don't we
pass on that one for now, and go to Item 12; consider,
discuss, take appropriate action on fee schedule for the Kerr
County Subdivision Rules and regulations. Commissioner Letz?
COMMISSIONER LETZ: I believe everyone-got in their
box this morning some additional language related to the
2-11-08
90
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
fees. We talked about it last time about in certain
situations where we're really not changing lots, to not
charge somebody the full fee, the way it's worded -- worded
right now. And what it is, it's -- I'll just read it. It's
all "amending plats" or "revision of plats" that modify less
than five lots shall be subject to -- shall not be subject to
the $10 per lot review fee, and shall be assessed at a $20
subdivision -- or $20 -- $20 subdivision with less than five
lots fee, even though the subdivision may contain a total of
more than five lots. I know that's a confusing way to get
there, but when I looked at the rules, what we're doing --
saying here is that if you take a subdivision that has 50
lots, it gets pretty expensive. If you end up with 200 -- I
think -- I think a $200 initial fee, plus a per-lot fee, it
gets up to approaching $1,000.
If somebody came in, like in Bruce's the other day,
where they just changed where a road met the subdivision,
didn't really change anything, to me, they should pay the
minimum amount. There's no review from our standpoint.
That's the purpose of the fees. And this person would just
pay a $20 fee plus the recording fees, and just -- and I
think I had one in my precinct not long ago, changing a road
name in a subdivision. It was a large subdivision, and
again, it would be the same thing. They'd be hit with a
whole lot of fees for not doing anything different.
z-il-os
91
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BALDWIN: Are you saying -- are you
saying that a flat $20 fee? Or $20 per lot?
COMMISSIONER LETZ: $20 flat fee.
COMMISSIONER BALDWIN: Okay. Now it makes sense.
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: I wasn't reading it that
way, though.
COMMISSIONER LETZ: There's a lot of ands and ors
in there.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: And the second one is doing
basically the same thing with O.S.S.F. It's -- their fee
structure's a little bit different. They have a $35 fee and
a $10 fee based on lot size. It's the same thing. They pay
the basic minimum fee for O.S.S.F.
COMMISSIONER BALDWIN: I agree with you.
JUDGE TINLEY: Is that a motion?
COMMISSIONER LETZ: That's a motion.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on the motion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
2-ii-os
92
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: The motion does carry. We'll go to
Item 13; consider, discuss, and approve a service contract
with Peter W. Lewis Architects and Associates, and discuss
design planning for the Hill Country Youth Exhibit Center.
COMMISSIONER LETZ: Yeah. I put this on the
agenda. We asked Mr. Lewis to give a copy of his -- I guess,
of an in-house contract for the service we've hired him to
do, the planning at the Hill Country Youth Exhibit Center. I
passed it on to Rex; Rex has made some changes. I don't know
if Peter had time to look at the changes.
MR. LEWIS: Haven't seen them.
COMMISSIONER LETZ: I left you a voice mail.
MR. LEWIS: Sorry.
COMMISSIONER LETZ: Anyway, they're pretty minor.
I think we're -- on the first two pages, there was no
recommendation from the County Attorney. On the third page,
which is the first page of the Professional Services
Agreement, is deleting Number 1 under Indemnification. And
then the second line of that, towards the end of that -- or
under Number 2 under Indemnification, end of the first line,
it's deleting two words, "and indemnify." And then under
Risk Allocation, the fourth line, delete the word
"negligence." And then on the second page of that, under
Billings/Payments, we'll pay in 30 days, not 21 days, on the
first line. And those are the only changes the County
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
93
Attorney recommended.
COMMISSIONER BALDWIN: Commissioner, is -- is this
22,500 -- tell me --
COMMISSIONER LETZ: It's budgeted.
COMMISSIONER BALDWIN: How much did we put in
there?
COMMISSIONER LETZ: It's budgeted, 22,5. I think 'i
we put 25, actually, so it's under -- II
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: And the next part of this,
after we approve the contract, is kind of to talk about a
schedule real briefly. So, I make a motion to approve the
contract as revised.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Now, 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: Further items in connection with
Item 13?
COMMISSIONER LETZ: Yes. Kind of -- just a little
bit as to where we go from here. I think we need a workshop,
probably, with Mr. Lewis. Is that kind of what you see,
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
94
Peter?
MR. LEWIS: And that's what we proposed originally.
We had some discussion about that, the nature -- I think
that's appropriate. I think a workshop with Commissioners,
with staff is appropriate, with any other stakeholders in the
community that might have an impact, maybe user groups. And
then I think we can really discern the compelling needs very
quickly that way, as opposed to trying to visit with
different groups at different times. It's --
COMMISSIONER LETZ: And I would -- the only thing
I'd do different, I think it would be best to get -- before
we get all the stakeholders involved, I think we need to come
up with an outline, anyway, that we're comfortable with as a
Court, and then get others involved.
COMMISSIONER WILLIAMS: So you're suggesting two
sets of meetings, one where the Court meets with --
COMMISSIONER LETZ: Yeah.
COMMISSIONER WILLIAMS: -- with Mr. Lewis?
COMMISSIONER LETZ: I think one just with the
Court. Maybe do it maybe on our next Commissioners Court
date, and then after we get a little bit further down, have
more of a meeting bringing it to the stakeholders. 'Cause I
think Bruce and I really visited with most of the
stakeholders so they would know what we're doing here, and
rather than getting us going off on different tangents, I
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
95
think we need to keep this a little bit focused. That's kind
of what Bruce and I have.
COMMISSIONER WILLIAMS: I like that approach. Last
time we did that, we had all the stakeholders together; we
kind of -- it was kind of like herding cats. We went off in
two different directions --
COMMISSIONER BALDWIN: Juggling cats.
MR. LEWIS: Well, that's part of my responsibility, i
is to facilitate the juggling and herding of those cats.
(Laughter.)
COMMISSIONER LETZ: So, we'll just put it in a
workshop, maybe at 1:30 at our next meeting, Jody. Does that
work for you, Peter?
MR. LEWIS: Yeah.
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Super. Good to see y'all
moving.
JUDGE TINLEY: Anything further on that particular
item? Let's go to Item 18; consider, discuss, take
appropriate action to approve the 2007 racial profiling
report for the office of Constable, Precinct 3. Are we
required to approve those, or only receive them?
COMMISSIONER WILLIAMS: I think receive or accept.
SHERIFF HIERHOLZER: Accept or receive.
COMMISSIONER LETZ: 15?
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
96
JUDGE TINLEY: Okay. No, we're on 18. I'm -- I'm
out of order here, but we're on 18.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: It's 3.
COMMISSIONER LETZ: What about 15?
JUDGE TINLEY: I'll get there.
COMMISSIONER OEHLER: I've never seen one that had
all zeros on it.
COMMISSIONER BALDWIN: I'm not saying a word.
COMMISSIONER OEHLER: That's all I'm going to say
about it. Not my precinct.
COMMISSIONER LETZ: I move that we accept the
racial profiling report as submitted by Constable, Precinct
3.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 15; consider, discuss, take appropriate action to
approve the 2007 racial profiling report for the office of
Constable, Precinct 2.
2-11-08
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
97
COMMISSIONER WILLIAMS: The only thing I would
offer, other than the fact that it's here and it's in front
of you, is that maybe we ought to figure out a way to have a
uniform presentation of these racial profilings. You know,
we've had -- this is the third one that's been presented, and
there are three different formats or presentations, so maybe
we ought to -- maybe we ought to counsel with our constable
to figure out a better way to do it. Move approval.
COMMISSIONER BALDWIN: Second.
SHERIFF HIERHOLZER: They're actually due March the
lst of each year, and the -- if everything were inputted into
the Odyssey computer program, it will print it out all in the
same format. But a lot of your constables don't use that.
COMMISSIONER WILLIAMS: Very good.
SHERIFF HIERHOLZER: You'll see that when you
get --
COMMISSIONER WILLIAMS: After we see that, maybe we
can implore our constable to use it.
SHERIFF HIERHOLZER: You may rather not, depending
on what part of it you print out. It can be this thick.
But, yeah, it should be --
JUDGE TINLEY: We have a motion and a second for
approval of the agenda item. Further question or discussion
on the motion? All in favor of the motion, signify by
raising your right hand.
z-ii-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
98
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
to Item 16; report to Commissioners Court of the status of
investments made under Section 887 (b) of the Probate Code
held in trust in various accountings by the County Clerk.
The report is a report that she is required by law to submit
annually to the Court, I believe. The materials submitted to
you gives the status of each and every account that she's
holding in trust for the benefit of various individuals.
MS. PIEPER: That is correct.
COMMISSIONER BALDWIN: That's it, isn't it?
MS. PIEPER: That's it. It's just an annual report
that's due by March the lst of every year.
COMMISSIONER BALDWIN: Do we accept or do we
receive? Do we --
MS. PIEPER: It just says that I'm supposed to give
you an annual report of the status of the accounts.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Why don't we accept the report?
COMMISSIONER BALDWIN: I move that we accept this
report.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to accept
2-il-os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
99
the report. Question or discussion?
COMMISSIONER LETZ: Just a quick question.
Jannett, why are the majority of them with our depository
bank, but not all of them?
MS. PIEPER: Depending on what the court order
states.
COMMISSIONER LETZ: The Court orders that? Okay.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
to Item 19; consider, discuss, and take appropriate action to
approve an additional $25,000 to $30,000 associated with
obtaining the long-term capital loan. Original amount
approved by Commissioners Court on 28 January '08 was
1.75 million. We just need to adjust the amount, is all
you're looking for, because of some add-ons?
MS. HARGIS: We forgot to add the fees that the
financial adviser and the banks will be charging us, so
that's --
COMMISSIONER BALDWIN: And that's all this is?
MS. HARGIS: That's all this is.
2-11-08
100
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
25
JUDGE TINLEY: How much exactly are you wanting to
add, 25 or 30? Or 30?
MS. HARGIS: I want to -- let's put 30, just in
case.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to add
$30,000 to the original cap of 1.75 million. Any question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 21; consider, discuss, and take appropriate action to
approve ESD Number 2's annual compilation report as submitted
to Commissioners Court at the January 28th, 2008 meeting.
MS. HARGIS: As y'all recall, you couldn't approve
it because I didn't have the agenda item in the proper
format, so I just need you to -- to accept --
COMMISSIONER OEHLER: So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second.
COMMISSIONER LETZ: Third.
Z-ii-os
101
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go to
Item 22; consider, discuss, and take appropriate action to
approve preparing an RFP for an actuary to prepare an
actuarial study in compliance with GASB 43 and 45, to
establish the liability for other post-employment health care
benefits. County will be required to have this liability
posted to the books after December 15, 2009. Study will take
around six to nine months to prepare. Average cost of
services ranges from $5,000 to $10,000. In order to meet the
deadline as set out by GASB, we will need to start the RFP
process and award the bid shortly thereafter. Actually, all
you're asking for is authorization to go out for proposals?
MS. HARGIS: Yes.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion?
COMMISSIONER LETZ: Where's -- is the money in the
budget to do it?
2-11-08
102
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. HARGIS: I'm going to have to find it. Because
I didn't know the -- you know, when the budget was being
prepared, I wasn't aware of exactly where we would fall, but
because we do provide post health care benefits, we do have
to --
COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: Yeah, I don't recall having
past conversations about this in the budget issue with
GASB -- around GASB. I don't recall this particular issue.
Have we talked about this?
COMMISSIONER WILLIAMS: We did, but not at budget
time.
COMMISSIONER BALDWIN: But not at budget time, so
we did not budget money for it.
MS. HARGIS: Well, I don't think that you talked
about it at the budget time, because I was fairly new, as you
recall, at that particular time, and I wasn't sure of the
deadline. And I've been to several seminars that -- where
it's -- because there's so many studies going on, it is
taking a little bit longer than anticipated, you know, and so
I think we need to get it done. And they finally defined the
time frame. 45 just really came out and was made -- the
dates made available within the last year, so it's a fairly
new standard. 43 was in existence; you didn't really fall
under 43, but then 45 came in and further defined it, and
2-11-08
103
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
when they did that, it picked us up.
COMMISSIONER BALDWIN: Yeah. Is this --
JUDGE TINLEY: Well, you knew that was coming,
sure.
COMMISSIONER BALDWIN: Well, sure. Absolutely.
The -- is this a state issue or is this a federal issue?
MS. HARGIS: This is an American Institute of
Certified Public Accountants. This is -- this is really a
federal issue. This is what is required on your books in
order for you to be in compliance with the accounting
standards and rules. This is the big boo-hah that the State
of Texas decided that they didn't want to comply with. As
you recall, this was something on our -- that everyone voted
on, and they said that they didn't want to comply because
they budget on an annual basis, and therefore, they really
didn't have to. But most of the cities and the counties
within the state of Texas who want to go after bonds or loans
would prefer following the standards, and it will show a very
large liability on our books, so you have to get ready for
that, but it's better to show it. And they understand that
it's a future liability. That's why we have to nave the
actuary. The actuarial study will need to be done -- it's
suggested every two years or every three years, and I think,
as small as we are, I think every three years will be fine.
It's just one of those -- GASB just bit us in a lot of --
2-11-08
104
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
they're trying to pull them back. They really are. They're
trying to dissolve the commission, but that doesn't work.
So --
COMMISSIONER BALDWIN: So, in other words, if we
ever want any of our own money back --
JUDGE TINLEY: Back.
COMMISSIONER BALDWIN: -- again, we have to play by
the rules.
MS. HYDE: There you go.
COMMISSIONER BALDWIN: Makes all the sense in the
world to me. I mean, those conservative guys up there
recognizing each other yesterday on TV, that's great stuff,
I'm telling you.
COMMISSIONER WILLIAMS: Great theater.
COMMISSIONER BALDWIN: Great theater.
MS. HARGIS: Thank you.
JUDGE TINLEY: Further question or discussion on
the motion? We do have a motion, don't we?
THE CLERK: Yes, sir.
JUDGE TINLEY: Okay. All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
2-11-08
105
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to Item 23; consider, discuss, and take appropriate action to
approve resolution in support of the Kerr County Juvenile
Probation Department's applying for an AACOG grant for their
L.I.F.E. Skills program. Chief probation -- Juvenile
Probation Officer, Jason Davis.
MR. DAVIS: Morning, Judge. Good morning,
Commissioners. How are you all? We have a resolution that I
would ask this Court to -- to discuss, and open myself up for
any questions. This is a standard resolution that would be
submitted with an application to AACOG for a grant through
the governor's office. This is specifically for our L.I.F.E.
Skills or leadership program. It was developed under the
guidance of the County Judge, and where we take the Senior
Leadership Council curriculum used by 4-H and Texas
Extension, and are attempting to educate our juvenile
populations, specifically children that have referrals to
this county's Juvenile Probation Department, in that
curriculum.
COMMISSIONER WILLIAMS: Is there a specific amount
you're seeking in this grant?
MR. DAVIS: Yes, sir, there will be after tomorrow,
when I write the grant. They're due on February 22nd to --
to San Antonio, to AACOG. We are looking at, right now,
between $30,000 and $35,000 will be the amount that we're
going to request from AACOG. The majority of that will be
2-11-08
106
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
salary for the -- salary and fringe,
and some program materials, although
through AACOG on the restriction on
but the majority of that will be for
COMMISSIONER BALDWIN: Can
example of a -- of something that we
children?
some travel and expenses
we're kind of limited
the governor's office,
salary.
you give us just one
would be teaching
MR. DAMS: Yes, sir. Twelve pillars of character,
basically. The initial program that we looked at was the
Character Counts model; that's what is used by 4-H as a
foundation for the Senior Leadership -- Junior and Senior
Leadership Councils. You take these pillars, and then what
Roy Walston, Laurinda Boyd, and Jamie and Carla Schuster have
done is they've kind of looked at a lot of the curriculum
that are available through 4-H and through Extension, and
they've kind of gone through and cut and pasted, basically,
the curriculum that we use now. Trustworthiness, honesty,
citizenship, communication; we have 12 different programs,
each one basically 30 days in length, that we pull together
to make a one -- to make a yearlong program. Obviously, the
children -- most of them aren't on probation for that long,
so they kind of get bits and pieces of different points or
different things.
COMMISSIONER BALDWIN: Judge, can you, like -- can
you order a kid to this?
2-11-08
107
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
JUDGE TINLEY: Absolutely. That's why it's -- part
of why it's in place.
COMMISSIONER BALDWIN: Okay. You don't have to
yell; I'm sitting right here.
JUDGE TINLEY: It -- Commissioner, it's really not
rocket science. The kids that I don't see in my juvenile
court are the kids that are participating in those kind of
programs, and there's probably a good reason for that.
COMMISSIONER BALDWIN: Sure.
JUDGE TINLEY: They're exposed to the right kind of
things. So, what we're trying to do is to take these others
that are having some difficulty and maybe don't have the
parental supervision that they need, and maybe associating
with bad peers, put them in a positive environment with
positive peers, and maybe turn some of these kids around
where we don't see them again.
COMMISSIONER BALDWIN: Do you envision ordering a
kid there that is not a Kerr County resident?
JUDGE TINLEY: I don't have any jurisdiction over
kids that --
COMMISSIONER BALDWIN: Or would you recommend it to
another --
JUDGE TINLEY: Well, I -- I would have. I would
have, possibly, if a case got transferred. There are very
limited circumstances under which a kid from another court,
2-11-08
108
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
out-of-county court, ends up here. And there may be some
jurisdiction ceded to me, but that would be very, very
limited.
COMMISSIONER BALDWIN: But we would recommend to
Llano County Probation office that we have this program going
here, and we think it's a good thing for kids, and --
MR. DAVIS: Yes, sir, we have. And, in fact, we --
I was in Austin a couple weeks ago. There is -- there's
already some interest in the curriculum. Ward County
specifically said, "I want a copy of your curriculum as soon
as you can get it to me," and there were some other counties
that said, "I want to know more about this." This is our
first year. We started actually beginning classes in June,
and we basically went on the premise we need a full year to
work the curriculum, just to see -- cut and paste what we
need to do, what's going to work and what's not going to. As
of June, we think we're going to have -- we already have set
guidelines, an outline that we're following, but we're
finding there's certain things that are -- you know, we need
to spend more time on this and less time on that. And we're
going to, obviously, give, you know, anybody that requests
information that information, and then the copy of the MOU
that we have with A & M, with Extension, and that -- and kind
of give them a guideline of what we're doing. I don't expect
until June or July, though, to have a complete packaged thing
2-11-08
109
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
that we can give out to other counties, 'cause it's going to
take us that long to really see where we're at.
COMMISSIONER BALDWIN: Sure. Sure.
MR. DAVIS: And then from there, we hope to build
in future years with actual 4-H activities and projects, and
that type of thing.
COMMISSIONER LETZ: What is the use of this -- of
the funds here, if we're currently using -- it's really
Extension, correct? What's -- where's the money going?
MR. DAVIS: Right now --
COMMISSIONER LETZ: If we get the grant, where is
that money going to go?
MR. DAVIS: The money would go to the --
Ms. Schuster's salary, primarily, and then again, pay for
pens, you know, copy supplies, things -- notebooks, things
along those lines is what we're looking at. If you start
looking at the grant requirements from AACOG, they're pretty
limited on that we can't spend -- we cannot spend AACOG money
or governor's money on what they consider recreational
activities, so we have to be very careful in how we do that.
What's educational? What's recreational? Right now, the --
the program is currently funded through federal grant money
that we're receiving, and that grant money, we are being
told, very well may go away.
COMMISSIONER LETZ: Okay.
2-11-08
110
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MR. DAVIS: That's the big concern.
COMMISSIONER LETZ: And my last question is a
little bit more to the Judge. The fourth Whereas, are you
sure you want all that authority? Or is this boilerplate
that we have to do it? Usually the Judge doesn't want to
have all the power to do -- to act unilaterally, which that
gives him.
JUDGE TINLEY: I think if this application is going
to be signed on behalf the County, I got to. And --
COMMISSIONER LETZ: That's boilerplate for this
grant?
JUDGE TINLEY: Yeah, I think that's what I get.
MR. DAVIS: And in the Judge's defense, I don't
think he's seen this resolution. I typed it up Friday
afternoon, and so --
COMMISSIONER LETZ: It's broader -- the grant's a
little bit -- or the authority to the Judge is a little bit
stronger than usual.
MR. DAVIS: It actually wasn't delivered to him
until right before court started this morning, so he kind of
got blindsided.
COMMISSIONER BALDWIN: And do we have any pull at
AACOG?
COMMISSIONER WILLIAMS: Very little.
COMMISSIONER BALDWIN: Old buddy? I think this is
2-11-08
111
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
an excellent program. All for it, big time.
COMMISSIONER WILLIAMS: I do too.
COMMISSIONER LETZ: Move approval of the resolution
in support of Kerr County Juvenile Probation Department --
COMMISSIONER OEHLER: Second.
COMMISSIONER LETZ: -- applying for an AACOG grant
for the L.I.F.E. Skills program.
COMMISSIONER OEHLER: I still second it.
JUDGE TINLEY: Motion made and seconded as
indicated. Further question or discussion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: We will go to our 11:30 timed item;
consider, discuss, take appropriate action on approval of
resolution changing authorized representatives for the LOGIC
account. Ms. Williams?
MS. WILLIAMS: Yes, sir. What we were trying to
do, we were going to do some maintenance on this one small
investment account, and we were basically informed there was
one signer on the account, and that was the former County
Treasurer. We can't do anything until we get an amended
resolution and add new signers so that we can make some
changes.
2-11-08
112
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BALDWIN: So moved.
MS. WILLIAMS: That is what I'm asking for.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, to authorize Mindy Williams to
be on that account as County Treasurer.
MS. WILLIAMS: And also the County Auditor. We
need two signers.
JUDGE TINLEY: And County Auditor. Would that be a
counter-signature required, or either?
MS. WILLIAMS: Either, I believe.
JUDGE TINLEY: Okay. All right. 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.
MS. WILLIAMS: Thank you.
JUDGE TINLEY: Let's go to our financials quickly.
The remaining items we have deal with, actually, our -- or
potentially are designated as executive session items, and
I'd like to take those up after lunch. Let's go to our
financials right quick and see if we can get those out of the
way.
2-11-08
113
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER WILLIAMS: Judge, did we skip 7, or
was that withdrawn?
JUDGE TINLEY: We didn't skip 7. We're going to
come back with our.--
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: -- personnel items on that one.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Okay. First item, payment of the
bills.
COMMISSIONER BALDWIN: I have a couple of
questions, if y'all will allow me to get started. May want
to call out for some pizza, 'cause it's more than one here.
Page 2, County Judge. Can you guess which one I'm asking
about?
JUDGE TINLEY: You're going to have to identify it.
COMMISSIONER BALDWIN: Okay, the only one there.
What I'm reading is conference due and annual dues. Is that
not -- am I not reading that correctly? You know, I -- we've
got to do something about this -- the way you -- the way you
lay this out, 'cause I can't read these things about half the
time. I mean, what is "DU"? Is that short for dues?
MS. HARGIS: Yes, sir.
COMMISSIONER BALDWIN: Okay, maybe I can remember
some of this stuff.
COMMISSIONER OEHLER: Or Ducks Unlimited.
2-il-os
114
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER
COMMISSIONER
COMMISSIONER
JUDGE TINLEY
I recommend it to you.
COMMISSIONER
Commissioners Court.
LETZ: Yeah.
BALDWIN: Conference, Ducks Unlimited.
WILLIAMS: Ducks Unlimited.
That's a good event, Commissioner.
BALDWIN: Well, the next one's in
JUDGE TINLEY: Oh, you're going too?
COMMISSIONER BALDWIN: Yeah. Conference dues, and
annual dues. As a member of the Judges and Commissioners
Association, I'm assuming.
MS. HARGIS: This one is annual dues. The Books
and Publications is the name of the account, and it prints on
top of that, and that's what you're seeing, Mr. Baldwin.
When she prints that description, it prints the name of the
account, and it's right next to it. So --
COMMISSIONER BALDWIN: So, conference --
MS. HARGIS: -- if you stop at 2008, the public --
the Books and Publications is actually the name of the
account.
COMMISSIONER BALDWIN: Okay, we're on Commissioners
Court now.
MS. HARGIS: Uh-huh. That's the name of the
account.
COMMISSIONER BALDWIN: On Page 3.
z-ii-os
115
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. HARGIS: It's the same thing with the first
one. The Conference Dues is the name of the account, and it
just looks like the description, but it -- it prints -- for
instance, you've got 10-400-485; the name of that account is
Conference Dues. Are you with me?
COMMISSIONER BALDWIN: Yes, ma'am.
MS. HARGIS: And so the description kind of -- the
description just prints right behind it, so you just have to
-- you just draw a line between them. The same thing on the
second -- on the County Judge's, 401-315. The name of that
account is Books and Publications, but this particular item
is for payment of the 2008 annual dues.
COMMISSIONER BALDWIN: Okay, I'm just going to take
your word for it. Now, annual dues is our membership to the
association. Let's -- yeah, let's go to the Judge -- let's
stay on the Judge's page here just for a second. Annual
dues. Is his annual dues for him being a member of the
Judges and Commissioners Association of Texas?
MS. HARGIS: That's his -- his --
COMMISSIONER BALDWIN: He's not going to go off to
some conference?
MS. HARGIS: No.
COMMISSIONER BALDWIN: Okay. All right.
MS. HARGIS: The second one --
COMMISSIONER BALDWIN: All right.
2-11-08
116
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. HARGIS: -- that you're referring to is for all
of y'all. There are four of you at $220 each, so that's
$880.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: Well, why would -- just
following up on Commissioner Baldwin's question, why would it
say Conference Dues if this is the annual dues for the
association? The word "conference" is what's confusing.
COMMISSIONER BALDWIN: I guess it is.
MS. HARGIS: It's the name of the account.
COMMISSIONER BALDWIN: It's the name of the
account, Bill. Didn't you know that?
COMMISSIONER WILLIAMS: I guess I'm learning
something. Thank you.
COMMISSIONER BALDWIN: How long have you been here?
COMMISSIONER WILLIAMS: Too long.
COMMISSIONER BALDWIN: Okay. Actually, I think
that was all I had.
JUDGE TINLEY: Shall we cancel the pizza order?
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay.
MS. HARGIS: Anyone else?
COMMISSIONER LETZ: Move approval of the bills.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
2-11-08
117
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
approval of payment of the bills. Question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We have a
budget amendment summary that has been presented with four
different items. Do I hear a motion that the budget
amendments as specified on the summary be approved?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the budget amendments as per the summary.
Question or discussion? How in the world did we suddenly get
over nine grand upside down in Court Transcripts?
MS. HARGIS: Because of that special transcript
that -- for that trial that was about $6,000 from, I think,
2004. Remember, there was a murder trial and we had to give
a special transcript --
COMMISSIONER BALDWIN: What murder trial?
SHERIFF HIERHOLZER: Probably that one that just
got upheld that went to the appeals court. It was a Kerr
County murder trial that actually took place in -- it was
early in 2000; I think it got tried in 2004 in Bandera
2-11-08
118
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
County.
JUDGE TINLEY: And Ms. Hyde is doing hers the right
way. She's asking that her budget be amended before she's
upside down.
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: As opposed to after she got that
way, correct?
MS. HARGIS: Right.
JUDGE TINLEY: Okay.
MS. HARGIS: And the County Attorney's is actually
new money, and it's all he's gotten to-date, so it's coming
back with additional funds. That's a new fee that we didn't
budget.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Move approval.
JUDGE TINLEY: We already have a motion and second.
THE CLERK: We got a motion and second.
JUDGE TINLEY: Any further question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Any late bills?
2-11-08
119
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
I9
20
21
22
23
24
25
MS. HARGIS: No.
JUDGE TINLEY: Any monthly reports? I've been
presented with monthly reports from Constable, Precinct l;
Constable, Precinct 4; Constable, Precinct 4, Racial
Profiling; County Clerk, General and Trust Funds; Constable,
Precinct 3; J.P., Precinct 3; Road and Bridge; J.P., Precinct
2; and Environmental Health. Do I hear a motion that those
reports be approved as presented?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: 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: The motion does carry. Do we have
any reports from Commissioners in connection with their
committee or liaison reports?
COMMISSIONER BALDWIN: Judge, I was sitting here
trying to read through some of this stuff a while ago, and I
noticed this glare coming out of the light off of -- I can't
tell what that is in the back of the room. There's a glare
that comes off there, and I just was temporarily blinded.
COMMISSIONER WILLIAMS: Do you want to explain what
2-11-08
120
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
it is?
COMMISSIONER BALDWIN: Well, maybe a bald head.
What are you doing in here?
MR. BUCKALOO: Just come by to say hello and see
what goes on behind the door here.
COMMISSIONER BALDWIN: We usually have it locked.
Glad you're here. Good to see you.
MR. BUCKALOO: Thank you, Commissioner Baldwin.
COMMISSIONER OEHLER: Be careful with those
"glaring" comments.
COMMISSIONER BALDWIN: Yeah, I noticed there was
one -- actually, it's kind of spreading around the room.
JUDGE TINLEY: You might be outnumbered.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: You're just lucky enough to
have hair.
JUDGE TINLEY: Don't spin around and show us the
back of your head.
COMMISSIONER BALDWIN: That's true.
JUDGE TINLEY: Anybody else?
COMMISSIONER WILLIAMS: Only just kind of a little
bit of follow-up to the Grantworks thing. The median
income -- household income study that Water Development Board
is requiring of us is underway. About 600 letters -- 633, I
believe, letters have gone out for people who we believe are
2-11-08
121
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
in that income strata that would be in the proposed service
area, from Center Point all the way east to -- to Comfort.
COMMISSIONER BALDWIN: And you're going to continue
with the other study, the same study by the other group?
COMMISSIONER WILLIAMS: Yeah, 'cause he explained
it would be used for a different funding source.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER WILLIAMS: And the criteria might be a
little bit different.
COMMISSIONER BALDWIN: Mm-hmm.
COMMISSIONER LETZ: Three items. One related to
the airport -- just short; won't take long. One related to
the airport is that just -- I'm rather annoyed that we had an
economic development plan that was coming -- coming out of
the airport through TexDOT and some consultants that was due
in November, and we still have not received it, to my
knowledge. It may be at the city somewhere; I don't know,
but we -- I have not seen it. Just a -- just a comment.
That may be brought up on Friday. Subdivision Rules, Jody
and I are going through the final revision of the -- the
draft we approved in December to get all of the typos
corrected and all that, and that should be online and
available by the end of the week. Third item, at the last
joint meeting with the City, Mack Hamilton and myself --
Councilman Hamilton and myself were appointed to do some
2-11-08
122
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
study, and I really forgot what the study was, but he went on
and started working on it, and met with me last week. And
the reason I bring it up is, he's going to present this at
the meeting coming up, and what he has done, he's gone
through, and without -- without working with anyone in the
County, analyzed the County's budget, the City's budget, and
looking at various measures, primarily ad valorem taxes and
some on sales tax, and is attempting to prove that the
residents of the city of Kerrville are paying three-to-one
paying. And I'm just bringing this up because he's going to
plop this thing out. I've not seen the final draft. I was
able to get a few footnotes added to it when I looked at it.
My recommendation is for us to not even hardly look at it and
react to it at the meeting. I think that it -- you know, and
I don't think it's -- he's going to object to that. I don't
want to get into a discussion on this. I think it's
meaningless at this point until we really look at it and ask
the Auditor to spend some time looking at the numbers also,
as our consultant related to numbers and finances and sales
tax and who's getting what, and where all these funds are
going. So, I'm just kind of putting it on the table, that I
hope we just go right over this when he hands it out
relatively quickly, and we can discuss it at a later date.
COMMISSIpNER WILLIAMS: Go back to your item one
2-11-08
123
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
with respect to the consultant's report that was supposed to
be due for the airport. What kind of annoyed me, and not
only is it late -- three months late, but they're blaming
TXP, who did this one for us -- for the Economic Development;
they're blaming TXP for the lateness of the report, and
that's just a lot of nonsense.
COMMISSIONER LETZ: Well, I don't know that they're
blaming them. I know the City's blaming them.
COMMISSIONER WILLIAMS: Somebody's blaming them.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Whatever.
JUDGE TINLEY: Got anything for us, Bruce?
COMMISSIONER OEHLER: No, not a whole lot.
JUDGE TINLEY: That's good.
COMMISSIONER OEHLER: I could talk for a long time;
it doesn't serve a whole lot of purpose. Ray is doing a
really good job on Environmental Health and staying on top of
some issues that have been ongoing for a long time, Camp
Verde Store being one of them, Ingram school. Some -- some
severe solid waste issues in certain areas that he's
following up on, and I think in time we're going to see a
change in -- in the way people are doing their dumping and
things, messing up the county.
COMMISSIONER LETZ: They're doing a great job down
there.
2-11-08
124
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER OEHLER: They've been working really
hard at it, and -- and I believe Roy -- Roy's been back to
work for a while, so we now have things cranking out of that
Environmental Health office; in most cases, a one- to two-day
turnaround when applications come in to construct and/or for
approval, review, or whatever. And I believe that some of
those issues are getting put to bed that we've had problems
with in the past, so we'll give them credit for working with
the public. And, again, I can't talk enough about Animal
Control and about Christine McEntyre doing their jobs and
doing them well in the face of a disaster which was about to
occur. And -- and the plan worked; Christine's plan worked,
and the people that were called showed up. And --
JUDGE TINLEY: She had -- she had already rehearsed
that plan.
COMMISSIONER OEHLER: Yeah.
JUDGE TINLEY: They had had a rehearsal, I think,
probably a year ago, or maybe further back than that. She'd
already had a complete drill, and they'd gone through the
whole process, and they had everybody allocated.
COMMISSIONER OEHLER: It worked, and it worked
well. And response time, I think, was as quickly as it could
have been. I don't know how they could have improved on it a
whole lot. It may be improved on after having to go through
a-ii-os
125
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the real thing one time. But, anyway, that's about all I
have.
JUDGE TINLEY: Okay, thank you. We'll be in recess
till 1:30.
(Recess taken from 11:52 a.m. to 1:35 p.m.)
JUDGE TINLEY: Okay, let's come back to order. We
were in recess. We're now back in order. First thing we're
going to do is go out of -- first, let me ask you about the
one item that --
COMMISSIONER LETZ: It's open, I think.
JUDGE TINLEY: Okay. I'll call Item 7; consider,
discuss, and take appropriate action on establishing a County
Information person.
COMMISSIONER LETZ: Probably the hardest thing
about this agenda item is what to call this person, because I
didn't want to give the impression we want to create a
department or anything fancy. My idea was just to have
somebody do press releases occasionally, and maybe write some
articles that could go to all the local papers, information
type, such as the sewer projects that we've been involved
with, such as highlighting the Animal Control Department,
just things of that nature, just to let the public know what
-- what county government does. And I kind of got this idea
by looking at the Kerrville Daily Times and seeing what the
2-11-08
126
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
City of Kerrville was doing there. I don't know if you
noticed; they have a pretty regular -- people from the City
staff writing articles. And, you know, I'm sure they want --
I could tell quickly there was a plan that they put together.
And not that I want to mimic what the City of Kerrville's
doing, but I think it's a good idea. The local press does
not give governments enough coverage, whether it be the city
or the county, and I think we need to take it upon ourselves
to put a little information out there. And I think the press
releases will be -- we'll send them to the paper; if they
want to write an article with that information, great. The
other part would be more, I guess, a column written in-house,
and they do it. I talked to Rosa Lavender. She has agreed
to do this. We're talking about probably three articles, two
to three times a month, whether it be press releases or
articles. It would -- she doesn't want to do it free, and I
don't think it should be done free. It would be handled as a
stipend in the budget. Jeannie has -- I asked Jeannie to
find some money, an amount of $750, which should be
sufficient to get us through this year, and next budget year
we can kind of look at it, see if it's something we want to
add. It'd probably come under Nondepartmental if we do add a
budget item for it as a stipend. And my idea is to do it
kind of $25 per time, just kind of the amount. No?
MS. LAVENDER: Just whatever that -- whatever the
2-11-08
127
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
stipend is; just don't make it a per-time.
COMMISSIONER LETZ: Okay. Well, $750 through the
rest of this budget year. I think Ms. Hargis found the money
somewhere, or will find the money somewhere.
JUDGE TINLEY: Well, Jon, you have always been
very, very quick to replicate and want to replicate --
COMMISSIONER LETZ: No. No.
JUDGE TINLEY: -- everything the City of Kerrville
does. You find them such a wonderful governmental model
that, you know, it's really -- really hard to argue with your
position there, wouldn't you say, Commissioner?
COMMISSIONER BALDWIN: I would, Judge, and I
appreciate you asking me that, because I have something to
say about it.
JUDGE TINLEY: Well, that's the sense I'm getting.
COMMISSIONER BALDWIN: I'm just wondering if -- and
I know what Jon really means is -- is that we want to be
bigger and better than the City. And, like, when you -- I
mean, I'm not sure how to do that, but, you know, some bells
and whistles, when you open up the newspaper and there's the
county article in there, something kind of jumps out at you,
like, "Vote for Buster" or something. You know, some kind
of -- something like that. A whole lot like that. I don't
know how to do that, but I'm sure that that's exactly what he
has on his mind.
2-11-08
128
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER LETZ: Ms. Lavender said we will have
a photograph with every article.
COMMISSIONER BALDWIN: Photograph of who, though?
COMMISSIONER WILLIAMS: Not you.
COMMISSIONER LETZ: Of the topic.
COMMISSIONER BALDWIN: Not me.
COMMISSIONER LETZ: A topic-generated photo.
COMMISSIONER BALDWIN: I see.
COMMISSIONER LETZ: Now, if the article's about
you, Buster, we can do --
MS. LAVENDER: Just wait till you see the one for
the sewer. (Laughter.)
MS. HYDE: Oh, boy.
COMMISSIONER WILLIAMS: I think it's a good idea.
COMMISSIONER BALDWIN: I think that's a great idea.
COMMISSIONER WILLIAMS: And when Commissioner Letz
and I talked about who could do this, it really boiled down
to only one person who is currently in our employ. And it's
not going to be me, I can tell you, if that's what you were
thinking.
JUDGE TINLEY: I was thinking you probably had
someone else in mind in your own defense.
COMMISSIONER WILLIAMS: Well, and it's not going to
be my wife, either. I think Ms. Lavender -- we need somebody
that has newspaper experience, is literate, has a command of
2-11-08
129
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
the English language, and the only person that came to my
mind in our employ was Ms. Lavender.
COMMISSIONER OEHLER: That rules Buster and I
completely out.
COMMISSIONER BALDWIN: Yeah, kind of fell in there
for a minute.
COMMISSIONER LETZ: The only thing that needs to be
done -- I think Rosa and I can put it together. I think it
needs to be a definite policy as to how she finds the topics.
I think the Court should -- should have control over that. I
mean, and I don't think we want to proof the articles; I'm
not saying that, but I just think as a -- today, the sewer
issues and the grants we've received, that's a good topic. I
think we need to figure out a mechanism for us to come up
with topics and get those to Rosa so she can then write on
those topics. I think she -- I think her comment to me, her
only concern was she didn't want me telling her to do one
thing and the Judge saying write something else, and Buster
saying write something else. She wanted just kind of
basically one voice telling her, "Here are the topics. Pick
from them."
COMMISSIONER WILLIAMS: I think there ought to be a
systematic approach to publicizing the role of elected
officials. All you got to do is go to election campaigns and
talk to people, as we are all doing right now, talking to
2-ii-os
130
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
people; you find out how little they know about county
government and its function, and you find out how -- how many
people do not have a clue as to the differences in how county
government operates versus city government. And I think, you
know, those things -- we need to shed some light on those
things. It's a good thing to do.
COMMISSIONER BALDWIN: But, on the other hand, the
flip side of that, I just ran into a fellow -- the
bald-headed one with the pen in his mouth right there -- a
while ago, that --
COMMISSIONER WILLIAMS: There's a bald-headed guy
right in front of him.
COMMISSIONER BALDWIN: Now, that's funny; you
started talking about bald-headed people this morning. Hell,
everybody's bald-headed, everywhere I look.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: But this guy knew about the
ordinance-making powers that counties have. You -- you
really have to search the alleyways to find somebody that
understands that. And I ran into one right here in this room
that knew that we -- we have zero authority to do anything.
I just thought that was kind of neat. But I didn't mean
to...
COMMISSIONER LETZ: Anyway, if it's to proceed,
I'll put it back on the next agenda with kind of a formal --
2-11-08
131
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I think we need to have something formal, probably, from the
standpoint of an agreement. Maybe Rex and I can get
together, write something real simple, just do it as a
stipend. And, Jeannie, have you found the money somewhere?
She's nodding yes. We'll do that as a budget amendment next
MR. LUTHER: Judge, Commissioner Letz, just as a
point of information, the county Historical Commission is
going to be putting quite a bit in the paper over this next
year. We've got a lot of markers that have been approved
that we're going to be doing releases on. And also, I have
been working with Thornton Secor on sort of an atlas of the
old roads and trails, and I thought it would be a nice
feature in the paper to take one of those at a time. There's
a lot up your way that are from 1885 topos that show the
Great Western Trail of the Town Creek and that sort of thing.
Take small portions of it, put an illustration in there with
a little story to go with it. So, I would see something at
least once a month. I was just hesitant about which would be
the best	paper	to	put that in, and whether we want to use one
paper or	rotate	it	around.
COMMISSIONER OEHLER: West Kerr Current's a good
one.
COMMISSIONER LETZ: On that topic, my idea in
talking with Rosa about the information would be to give it
2-11-08
132
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
to all the papers, and it's up to them to do what they want
to do with it.
COMMISSIONER WILLIAMS: Sure, use them all.
COMMISSIONER LETZ: So, it'll be a -- we'll proceed
then and get something written up and put a budget -- or line
item in there, figure out how to get the stipend. Okay.
MS. LAVENDER: Okay.
JUDGE TINLEY: Okay, that's all we got for public
session at this time, so at 1:43, we'll go out of open or
public session, and go into executive session to consider
some remaining items on the agenda.
COMMISSIONER BALDWIN: How long will we be, Judge?
JUDGE TINLEY: I don't know; they're not my agenda
items.
COMMISSIONER LETZ: I don't think real long.
JUDGE TINLEY: Twenty minutes?
COMMISSIONER BALDWIN: About 20 minutes. About 20
minutes?
COMMISSIONER LETZ: No more.
JUDGE TINLEY: I apologize, gentlemen. We just got
rolled over here. So --
COMMISSIONER BALDWIN: Of course, some of us were
back in here ready to go to work at 1:15.
JUDGE TINLEY: Well, I was here at 1:30 when I said
we'd be back.
2-11-08
133
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COMMISSIONER BALDWIN: Yeah, but we said 1:15.
JUDGE TINLEY: I want to get it on the record so we
can get you crabbing about stuff. Okay.
COMMISSIONER BALDWIN: All right.
(The open session was closed at 1:44 p.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay. It's 2:16, and we will go now
into open or public session. Any member of the Court have
anything to offer as a result of matters considered in
executive session?
COMMISSIONER LETZ: Yes. I'll make a motion that
we change Nona Tucker's pay grade to a 17-9 due to changes in
job description and increased duties.
COMMISSIONER WILLIAMS: 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
JUDGE TINLEY: All opposed, same
(No response.)
JUDGE TINLEY: The motion does c
else to come before the meeting posted for
Hearing nothing further, that meeting will
vote.)
sign.
~rry. Anything
9 a.m. this day?
be adjourned.
2-11-08
134
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(Commissioners Court adjourned at 2:20 p.m.)
STATE OF TEXAS
COUNTY OF KERR I
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 14th day of February,
2008.
JANNETT PIEPER, Kerr County Clerk
Kathy Ba ik, Deputy County Clerk
Certified Shorthand Reporter
2-11-08
ORDER NO. 30716
REQUEST FOR PROPOSALS FOR COLONIA AREA PLANNING SERVICES
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Authorize a Request for Proposals (RFPs) seeking a firm to provide Colonia Area
Planning Services under Kerr County's Texas CDBG Program Contract Number
727175.
ORDER NO. 30717
RESOLUTION ADOPTING KERRVILLE/KERB COUNTY ECONOMIC
DEVELOPMENT STRATEGIC PLAN AND ESTABLISHING ECONOMIC
DEVELOPMENT INCENTIVES COMMITTEE
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Resolution submitted, and adopt the Kerrville/Kerr County Economic
Development Strategic Plan, and establish an Economic Development Incentives
Committee as set forth therein.
ORDER NO. 30718
RELEASE AND TERMINATION OF ROAD EASEMENT
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve abandoning the .029 acre portion of the road easement, and that is the
northern 25 foot section of that 50 foot road easement.
ORDER NO. 3p719
KERB COUNTY FAIR ASSOCIATION, INC. UTILIZATION OF THE HILL
COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioners Letz/Williams. The Court
unanimously approved by vote of 4-0-0 to:
Allow the Kerr County Fair Association, Inc. to utilize an approximately 30 x 50
foot space in the existing Project Barn at the Kerr County Youth Exhibit Center,
and that we cancel Court Order Number 26874 which allowed putting a temporary
building out there, upon movement into the new space.
ORDER NO. 30720
IMPLEMENTATION OF BURN BAN
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve implementation of the Burn Ban.
ORDER NO. 30721
ANNUAL BIDS FOR ROAD BASE, COLD MIX, AGGREGATE, EMULSION
OIL AND CORRUGATED METAL PIPE
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Road & Bridge Administrator going out for annual bids for road base,
cold mix, aggregate, emulsion oil and corrugated metal pipe.
ORDER NO. 30722
FEE SCHEDULE FOR KERR COUNTY SUBDIVISION RULES AND
REGULATIONS
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve the changes to the Fee Schedule for Kerr County Subdivision Rules and
Regulations as follows:
Add the following under Final Plat Fee, Appendix F:
All "Amending Plats" or "Revision of Plats" that modify less than five (S) lots
shall not be subject to the ten dollar ($10.00) per lot review fee and shall be
assessed the twenty dollar ($20.00) "Subdivision with less than five (5) lots" fee
even though the subdivision may contain a total of five (5) or more lots.
Add the following under Fees paid to Kerr County Environmental Health
Department, Appendix F:
All "Amending Plats" or "Revision of Plats" that do not modify any lot lines or
modify less than five (5) lots and no structures, wells or OSSF systems are located
on any lots subject to the "Amendment Plats" or "Revision of Plats" shall not be
subject to the five dollar ($5.00) per lot review fee or the additional ten dollar
($10.00) per lot OSSF review fee if the minimum lot size is less than five (5) acres
and shall be assessed the twenty dollar ($20.00) "Subdivision with less than five
(5) lots" fee even though the subdivision may contain a total of five (5) or more
lots.
ORDER NO. 30723
PETER W. LEWIS ARCHITECT AND ASSOCIATES DESIGN FOR HILL
COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 1 lth day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Service Contract with Peter W. Lewis Architect and Associates as
revised.
ORDER NO. 30724
2007 RACIAL PROFILING REPORT FOR CONSTABLE PRECINCT 3
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Accept the 2007 Racial Profiling Report as submitted by Constable, Precinct 3.
ORDER NO. 30725
2007 RACIAL PROFILING REPORT FOR CONSTABLE PRECINCT 2
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the 2007 Racial Profiling Report for the office of Constable Precinct 2.
ORDER NO. 30726
INVESTMENTS UNDER SECTION 887(B) PROBATE CODE
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Accept the report of the status of investments made under Section 887(b) Probate
Code.
ORDER NO. 30727
INCREASE ORIGINAL AMOUNT OF LONG TERM CAPITAL LOAN
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve adding an additional $30,000.00 to the original cap of $1,750,000.00 for
the Long Term Capital Loan.
ORDER NO. 30728
ESD NO. 2 ANNUAL COMPILATION REPORT
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioners Baldwin/Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve Emergency Service District Number 2's (ESD No. 2's) Annual
Compilation Report as submitted to Commissioners' Court at the January 28, 2008
meeting.
ORDER NO. 30729
RFP FOR ACTUARIAL STUDY IN COMPLIANCE WITH GASB 43 AND 45
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Approve preparing a Request For Proposal (RFP) for an Actuary to prepare an
Actuarial Study in compliance with GASB 43 and 45, to establish the liability for
other post employment health care benefits.
ORDER NO. 30730
RESOLUTION IN SUPPORT OF KERB COUNTY JUVENILE PROBATION
DEPARTMENT APPLYING FOR AACOG GRANT
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Resolution in support of the Kerr County Juvenile Probation
Department applying for an AACOG Urant for their L.LF.E. Skills Program.
ORDER NO. 30731
RESOLUTION CHANGING REPRESENTATIVES FOR LOGIC ACCOUNT
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution changing the authorized representatives for LOGIC
Account, to authorize Mindy Williams to be on that account as County Treasurer,
along with the County Auditor.
ORDER NO. 30732
CLAIMS AND ACCOUNTS
Came to be heard this the 11th day of February, 2008, came to be considered by
the Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	195,207.35
14-Fire Protection	$	14,583.33
15-Road & Bridge	$	105,555.17
18-County Law Library	$	2,906.45
19-Public Library	$	36,972.25
50-Indigent Health Care	$	46,474.33
76-Juv Detention Facility	$	5,015.28
89-Texas Special Tax Fund	$	1,035.00
TOTAL
$ 407,749.16
Upon motion made by Commissioner Letz, seconded by Commissioner Baldwin,
the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 30733
BUDUET AMENDMENTS AS OF 1 /31 /2008
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously
approved by vote of 4-0-0 to:
Approve the Budget Amendments as presented.
ORDER NO. 30734
MONTHLY REPORTS
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 the following monthly reports:
Constable Pct # 1
Constable Pct #4
Constable Pct #4 -Racial Profiling
County Cleric -General and Trust Fund
Constable Pct #3
JP #3
Road & Bridge
JP #2
Environmental Health
ORDER NO. 30735
MERIT RAISE TO NONA TUCKER
Came to be heard this the 11th day of February, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Change Nona Tucker's pay grade to a 17/9 due to changes in the job description
and increased duties.