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, January 14, 2008
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H. A. "BUSTER" BALDWIN, Commissioner Pct . 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
v
0
T
Q
2
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
T N Tl F X
January 14, 2008
PAGE
--- Commissioners' Comments
1.1 Annual Report of Kerr County Historical Commission
1.2 Consider/discuss, take appropriate action on tax
abatement for Guthrie Building
1.7 Presentation and discussion of Wide Area Rapid
Notification System (WARN)
1.10 Consider/discuss, take .appropriate action to
authorize Kerr County Maintenance Coordinator to
go out for bid for electrical/plumbing/HVAC/pest
control services
1.3 Consider/discuss, take appropriate action on request
by Community Council of South Central Texas to be
approved as local non-profit agency to utilize the
Youth Exhibit Center at discounted rate & waive
$300 setup/take down fee
1.12 Public Hearing for revision of plat for 707 Ranch
1.14 Public Hearing for revision of plat for Lots 14,
15, 16 & 17 of Solar Village
1.4 Consider/discuss, take appropriate action to
approve application submitted to TDHCA by Community
Council of South Central Texas to participate in
emergency shelter grant program; authorize County
Judge to sign same
1.5 Consider/discuss, take appropriate action on Texas
Cooperative Extension's request to fill County
Extension Agent-Family &Consumer Sciences position
1.18 Consider/discuss, take appropriate action on
authorizing financial adviser to prepare recom-
mendations for the type of short-term financing
that would be most economical/beneficial for the
County and begin documentation necessary for
short-term financing application
1.19 Consider/discuss, take appropriate action to
approve resolution in support of Hill Country
Shooting Sports Center, Inc. and approval of their
application for funding from State of Texas Enter-
prise Fund; authorize County Judge to sign same
1.23 Consider/discuss, take appropriate action on
reducing registration fee to $1.00 during Kerr
County Rabies Drive
l.ll Consider/discuss, take appropriate action to
approve amended order pertaining to filing certain
cases of concurrent jurisdiction between 198th &
216th District Courts and County Court At Law;
authorize County Judge to sign same
7
9
19
26
42
44
52
52
53
59
62
73
77
78
3
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 N D E X (Continued)
January 14, 2008
1.9 Consider/discuss, take appropriate action
regarding Court Compliance Department collecting
fees/fines for 198th District Court
1.6 Master Gardener Presentation
1.8 Consider/discuss, take appropriate action on the
"Road and Bridge Department Emergency Response"
and make changes if necessary
1.13 Consider/discuss, take appropriate action for
final revision of plat for Lot 9 of 707 Ranch
1.15 Consider/discuss, take appropriate action for
acceptance of Vista Hills Drive to Kerr County
road maintenance
1.16 Consider/discuss, take appropriate action for a
variance to road rate-of-grade for Calle Poco Road
in Vistas Grande Subdivision, Precinct 2
1.17 Consider/discuss, take appropriate action for
lease/purchase of small maintainer
1.20 Consider/discuss, take appropriate action for
accepting deeded right-of-way for Spur 100 Road
1.21 Consider/discuss, take appropriate action for
preliminary plat of Headwaters Ranch, Phases 1-3
1.22 Consider/discuss, take appropriate action to amend
revision of plat, Lots 2-11, Privilege Creek
Ranches
1.35 Consider/discuss, take appropriate action to
reappoint two Commissioners to ESD #2 and
appoint one new Commissioner
1.24 Consider/discuss, take appropriate action to
approve cell phone contract with Five Star Wire-
less for all Kerr County officials/employees,
excluding law enforcement; authorize County
Judge to sign same
1.25 Consider/discuss, take appropriate action to
accept a $3,810 grant from LCRA to purchase and
install defibrillators on 1st & 2nd floor of
courthouse; authorize County Judge to sign same
1.26 Consider/discuss, take appropriate action to file
Secretary of State report and dissolve Kerr County
Juvenile Facility Corporation
1.27 Consider/discuss, take appropriate action on
authorizing increase of attorney's fees for
delinquent taxes on real property from 15o to
200; approve addendum to delinquent tax contract
concerning personal property taxes, amendment to
contract for collection of delinquent taxes, and
approval of order authorizing increase of
additional penalty on delinquent tax collections
PAGE
80
92
96
106
107
108
120
124
129
130
132
133
135
135
138
4
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 N D E X (Continued)
January 14, 2008
1.28 Consider/discuss, take appropriate action on
motion to reconsider appeal of development permit
granted to Martin Marietta Materials, Inc.
1.29 Consider/discuss, formulate and adopt Kerr
County's official position regarding utilization
of Kerr County Airport Authority; forward same to
Texas Attorney General Greg Abbott appropriate
action as may be required
1.30 Consider/discuss, take appropriate action to
approve statement of grant award for FY 2008
Formula Grant from Task Force on Indigent Defense;
authorize County Judge to sign same
1.31 Consider/discuss, approve resolution for the
submission of Victims of Crime Act grant proposal
for 2008-2009 to Office of the Governor, Criminal
Justice Division
1.32 Consider/discuss, take appropriate action on
approving burn ban notification procedures,
updated information for web page, and enforcement
option for violation of burn ban or state Law
1.33 Consider/discuss, take appropriate action to
designate Commissioners' and Judge's liaison
appointments for various functions for 2008
1.34 Consider/discuss, take appropriate action to
declare 10 metal desks as surplus property and
distribute them to other governmental agencies
1.36 Consider/discuss, take appropriate action to
approve contract with Turtle Creek VFD; allow
County Judge to sign same
1.37 Consider/discuss, take appropriate action on
request for letter of support for Kerrville
Gardens at Clearwater Apartments, L.P.
1.38 Consider/discuss, take appropriate action to
authorize Human Resources Department to seek
application for open position of department head
for Court Compliance Department
1.39 Consider/discuss, take appropriate action to make
determination of employee's status for medical
benefits premium purposes (Executive Session)
1.40 Consider/discuss, take appropriate action as
necessary on Road & Bridge staffing due to
pending probable retirement(s) of existing
personnel (Executive Session)
1.41 Consider/discuss, take appropriate action on
request by Kerrville VA Medical Center for water
well sanitary easement on Kerr County Juvenile
Detention Facility property
PAGE
140
143
147
148
149
154
157
158
158
160
160
161
161
5
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 N D E X (Continued)
January 14, 2008
PAGE
4.1 Pay Bills 164
4.2 Budget Amendments ---
4.3 Late Bills ---
4.4 Approve and Accept Monthly Reports 170
5.1 Reports from Commissioners/Liaison Committee
Assignments 171
3.1 Action as may be required on matters discussed
in Executive Session 177
--- Adjourned 178
1-14-08
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
On Monday, January 14, 2008, at 9:00 a.m., a regular
meeting of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regular meeting of the Kerr County
Commissioners Court scheduled and posted for this time and
date, Monday, January the 14th, 2008. It is that time now.
Commissioner Williams?
COMMISSIONER WILLIAMS: Will you please rise and
join me for a moment of prayer followed by pledge of
allegiance?
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the public that wishes to be heard on any
matter that is not a listed agenda item, this is your
opportunity to tell us what's on your mind. If you wish to
be heard on an agenda item, we would ask that you fill out a
participation form -- they're located at the back of the
room -- so that we might give you consideration at that time,
when that agenda item comes up. It's not absolutely
essential that you fill out that form; it just helps me to be
sure and include you when we get to that agenda item. But if
we get to an agenda item and you haven't filled out a
1-14-08
7
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
participation form and you wish to be heard on it, get my
attention in some shape, form, or manner, and I'll see that
you have an opportunity to be heard. But right now, if
there's any member of the public that wishes to be heard on
any matter that is not a listed agenda item, come forward,
please, and tell us what's on your mind.
(No response.)
JUDGE TINLEY: Seeing no one coming forward, we'll
move on. Commissioner Williams, what do you have for us this
morning?
COMMISSIONER WILLIAMS: Good to be back, Judge.
Here we go, another year. Looks like we have plenty of
business of the people to keep us occupied for today. That's
it.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Just glad to be here.
COMMISSIONER OEHLER: Lots to do. Let's get at it.
COMMISSIONER BALDWIN: Dittos.
JUDGE TINLEY: Well, I'm going to break the
silence, then, I suppose.
COMMISSIONER WILLIAMS: Here we go.
JUDGE TINLEY: A couple of items. Again this year,
for the -- I'm not sure which number time it is, our County
Clerk's office received a -- I believe they call it a Five
Star Award or Award of Excellence for their work in Vital
1-14-08
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
Statistics, recordkeeping and reporting, dealing with birth
and death certificates. And I think they -- they got the
recognition they so well deserved, and there's only a few
work.
MS. THOMPSON: Thank you.
JUDGE TINLEY: Another item we had, most of you may
town, and was here to apprise us of some work that went on in
the United States Congress in the appropriations bill. We
were fortunate enough to get some funding for some projects
here locally. One was the second phase of funding for the
new agriculture research center in the U.S. Department of
Agriculture. As you know, we've had trie -- wnat~s mown as
the entomology station out here just north of town for some,
gosh, 60 years now that was so instrumental in the
eradication of screw worm and a lot of other parasite insect
matters throughout the many years it's been there. We --
we've got an initiative underway to try and get those folks a
brand-new facility so that they're out of those World War II
Quonset huts that are so expensive to maintain and to heat
and cool, and we've got that initiative underway.
There's been a feasibility study that's already
1-14-08
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
9
$1.4 million is for the design and engineering phase of that
project. Once that's complete, hopefully we'll be able to go
forward. The -- the other funding that he was in town to
believe it was $352,500 for -- for homeland security type
work that they have underway to upgrade their technology. At
the announcement of that last week, they assured the public
that they had very good use for that money to upgrade some of
the dispatching and other systems over there. So, we're
happy to report that. Let's get on with the business of
today. We got a long agenda. The first item on the agenda
is an annual report of Kerr County Historical Commission.
Mr. Luther?
MR. LUTHER: Yes, sir.
JUDGE TINLEY: Thank you, sir.
MR. LUTHER: Thank you, Judge, members of the
you may find it in your box. And I will leave this copy with
the clerk, as it is a living document, as I'm constantly
finding misspelled words and that sort of thing. I know that
you got 41 items on the agenda today, so I'll move through
this fairly rapidly and then answer any questions that you
1-14-08
10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
I5
16
17
18
19
20
21
22
23
24
25
might have. We have elected new officers for the next year,
and I have been elected as chair for the next couple years.
Sue Dyke has taken over as the vice chair. Jeannie Webb is
the secretary, and Julia Stehling as the Treasurer. And we
would like to extend our appreciation to Haskell Fine as the
outgoing chair and Ann Bethel as the Treasurer and Lew
Williams as outgoing secretary. We currently now have 21
members. We've added some in 2007, and are bringing on a
couple here in 2008.
And the new people joining in 2008 include Raul
Arreola, who I'm sure most of you know, who will become sort
of our keeper of the legend. And also Thornton Secor and
Jeanne Shoemaker Sutton, who're going to help us with a lot
of the work up in the western part of the county. As you may
know, Tom Alexander of Kerrville is on the State Commission
and is their professional historian. And I was very pleased
to find out that Commissioner Baldwin is our liaison, and we
intend to make good use of that. This year we've had a
number of resignations for one reason or another. Walter
Schellhase has just got too much to do. Michael Bowlin, Lea
Bell, Paul Parks, Janie Crum, Kathryn Mitchell, and Renee
Sherman have all come off. I won't go through the members of
the commission; I'll just kind of skip to some of our
reports.
This year, we dedicated -- or rededicated three
1-14-08
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
11
and the Mountain Sun. We currently have the following
applications in process on my desk at this time, and the
deadline is midnight tonight. The Starkey Cemetery, the
working very closely with the Former Texas Rangers Foundation
to get a marker for the Texas Ranger Patrol Trail, but we
don't want to put that in place until they finish
construction. So, now we have about 63 sites here in the
county. In terms of the Union Church Building, Julius
Neunhoffer is working on that. We have had to deal with the
sound system that was hit by lightning, replace some of the
shades on the lights, window shades, and just seasonal decor.
Our big project with the Union Church is the fence project,
as you know. We're taking the old mark -- I'm sorry, the old
fence that used to be around the courthouse, and putting that
out around the Union Church Building, and Julius is working
very closely with the people in the city and the county both
to get this done.
The new project that we're working on this year,
Joe Burkett is going to be working with us to finish GPS'ing
the old historic cemeteries so that we can get these as a
matter of record. We're very concerned, because we're
1-14-08
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
12
sort of turning a new leaf. This year we purchased a new
excellent video camera that records directly digitally to a
disk, and we also bought a 500-gigabyte hard drive to build
our digital collection, move a lot of our materials onto a
digital hard drive. And this will make it easier for the
public to access as well. If they e-mail us requesting
something, we can just e-mail it right back to them.
Archives is our biggest critical problem. As you know, we're
in a small room downstairs. We've got to somehow deal with
this. The solution at the regional history center over by
It's just not a workable space, and at present the City and
the library people are talking about building a new library,
so why -- why make the effort? I think, in the meantime, we
need to deal with this.
Exhibits. Jeannie Webb and Francelle Collins, as
you know, have been putting up exhibits out here in your
hallway. We did a couple this year on maps, and then the old
Sid Peterson Hospital. We did an exhibit this last year at
the Kerrville Arts and Cultural Center that dealt with the
old maps of Kerr County. This year we'll be doing an
exhibition on the indigenous peoples of Kerr County from
1-14-08
13
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
about 1730 to 1880, and primarily focusing on the -- the
Comanche and Apache peoples that were here. Bryant Saner and
Bill Rector are working with me on that. I've been in touch
everybody seems to be pretty exited about this, as is Deedee
over there. We made a bunch of presentations this year.
The web site is something I'm really proud of,
since I'm the web master. But we've got that up and running
this year, and looking at the statistics that John Trolinger
has on your site, of the 1,923 different web site pages that
are offered on the Kerr County list, we've got three in the
top five in terms of hits, so I'm very surprised at that.
The -- the top one was County Data, 358 hits. The next was
Historic Republic of Texas page, 328, followed immediately by
Spanish and Mexican Influences with 265. So, it was real
revealing. It wasn't the things I thought they'd be looking
at. In fact, the things I thought they'd be looking at are
way down the list. So, either somebody's using this for
class, or it's just very popular with the Hispanic aspect of
the -- of the population here. By way of comparison -- and
I'm sure I'll get in trouble for saying this -- Cooperative
Extension had 13 hits.
Lew Williams is doing an excellent job for us on
publicity, and she should be preparing a press release on the
start -- plans for the new year. We have nominated
1-14-08
14
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
Clarabelle Snodgrass for the Governor's Award for Historic
Preservation. As you know, Clarabelle is 94, has been on the
commission for some 30 years. She's been marker chair for 20
years. She's still going strong. I've got an appointment
with her later this morning. The other person that we have
nominated for an award is our friend Irene Van Winkle, who,
as you know, has written more now than 98 newspaper articles
since 2006. I have faithfully saved every one of these, and
in a digital format. This has resulted in publication by the
West Kerr Current newspaper, the "Family Chronicles - The Way
We Were." And they're getting ready to do a second series of
that, I believe.
This last year, our budget was $3,500. Of that, we
spent $3,464. That's about as close as we could get. In
terms of plan of work for the next year, the door on the
Union Church building needs to be refinished somehow. The UV
values and the sun are just eating up every finish that we
put on there, and we got to solve that somehow. And we'll
finish the -- the fence project. Thornton Secor has come on
our commission, and he is taking charge of a new committee to
map the trails -- old trails, roads, and bridges of Kerr
county. We're also going to photograph these. Our hope is
to put together a little driving atlas that visitors and
tourists can use to go around and look at those old historic
sites. Many of them are still visible. We're doing a photo
1-14-08
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
15
photograph the gaps in our collection, but also to photograph
new buildings, because someday they're going to be historic.
So, for example, Sid -- the new Sid Peterson Hospital, we
need to take photographs of it now. Santa brought me a new
The oral history, something that has changed here
is that we are working with the folks over at Schreiner
Institute now and using their digital facilities over there.
I'm really excited about partnering with Schreiner
University. And, again, we will use that big 500-gigabyte
hard drive to record this. The Junior Historians program has
been sort of left in the lurch with the departure of Paul
Parks, and we're working to solve this. We want to get very
active with the local schools on the Junior Historians
project, and we've got somebody in mind that we're going to
talk to about this. Jeannie Webb has taken over as chair of
the historical markers. Everything on that has changed this
year. Everything has to be submitted electronically. So,
for example, today I'm sending in Dell Sheftall's application
for a state marker for his Masonic Building. He's already
got a national marker. But I put everything together and --
and fill in the blank forms, and trans -- e-mail it to the
state office, so it goes very fast once it gets there.
Another project that we have online for this year
1-14-08
16
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 to work on this problem of a Kerr County historical
need to take some action to protect. Julia Stehling, I think
I said, is working on the archives, and that is probably our
number-one priority and our critical area. There will be an
annual conference of the state association or the state
commission in May, and since we have two nominees for awards,
I would like to take as many commissioners there as possible,
so I've asked for a small increase in the budget. This being
my first year to report to you, I have no idea what the
protocol is, except to say "please."
Something new that we're doing, working on with
Sudie and Wendy and others, is heritage tourism. And we've
been	doing a	lot of serious	thinking about, how	will	you	know
when	you're	in Kerrville?	What is the symbol or	the	icon	of
Kerrville? As you arrive at the exit at Highway 16, there's
no sign that says "Historic Downtown Kerrville." There's no
sign that says historic markers in town. There's no sign
that says "Schreiner University." There's no sign. And as
you come in, all the images that you have are national
franchise images; Holiday Inn, Dairy Queen, golden arches of
1-14-08
17
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 the Former Texas Ranger Foundation is taking in the
construction. They're going to break ground this year on a
$3 million museum and educational center. I've seen the
plans on this; it's marvelous. I've talked with their board
on several occasions, and we want to use that to leverage an
identity for Kerrville which would focus on Texas Rangers.
This is a very exciting prospect. We're thinking
about having one statue of a Ranger -- the Foundation already
has it -- at the foot of Earl Garrett Street there where the
Bank of America parking lots is, so that as you came along
Water Street, it would be there. It would be raised up on a
pedestal to protect it. But also, we're looking at extending
that historical corridor up Earl Garrett Street to Jefferson
street, so that the buildings along the east side right over
here could be part of that historical appearance or
historical nature, and then using this lawn out here of the
courthouse for activities, exhibitions, demonstrations, and
that sort of thing. What we would like to see -- and,
needless to say, the Rangers are pretty darn excited about
this -- would be a very small roundabout with a little
obelisk in it that would have the names of the old Texas
1-14-08
18
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
Rangers in Kerr County that served here, so we would then
have a closure on both ends of that Earl Garrett Street
In talking to Deedee over at the Kerrville Arts and
Kerrville. I happened to notice last night on the Internet
that San Marcos has a big statue downtown in honor of John
Coffee Hays, and we can certainly do that with some of ours.
In terms of our budget for this year, I'm asking just for a
very modest increase of about $500, and I have provided in
here some detail on where that would go. But we've got a lot
of work to do on the archives. We have a little
transcription work to do on oral history, the Union Church
Building. But also, a couple of additional items now would
be the GPS project, and Thornton -- Thornton's field mapping
work, and the photography work that Julius and I have done.
So, I'll be happy to answer any questions that you have.
JUDGE TINLEY: Any questions for Mr. Luther?
COMMISSIONER WILLIAMS: Thank you for your report.
JUDGE TINLEY: Thank you.
MR. LUTHER: Well, thank you.
1-14-08
19
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, sir. We appreciate you
being here.
MR. LUTHER: I'll see you again.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Let's move to the second item on the
agenda, to consider, discuss, and take appropriate action on
a tax abatement for the Guthrie Building. Mr. Feldt, if
you'd give your name and address for the record, please.
MR. FELDT: Yes, sir. Thank you, gentlemen. My
name is Harrell Feldt. H-a-r-r-e-1-1, last name Feldt,
F-e-1-d-t. The Guthrie Building is at 241 Earl Garrett. My
home address is P.O. Box 786, Hunt, Texas. Thank you,
gentlemen, for allowing me some time. I'll try to get my
arms around this presentation in a way where it retains some
interest to you, and at the same time move it along. Let me
say this; the reason I stand before you here today is not
just to save a few hundred dollars on my taxes. I've been
coming to Kerr County since I was seven years old off and on,
and I've enjoyed the Guadalupe River and everything that goes
with the county. And my concern is -- and I recognize to
each of you gentlemen that I'm very much a new boy on the
block, and I recognize that you gentlemen have been a part of
this community for many years. But as I had the opportunity
to participate in ownership of the Guthrie Building, I saw
what was involved in maintaining a building that was built in
1-19-08
20
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
1887, and I'm going to give you gentlemen, just as a matter
of interest, just to have a look at some pictures, some of
them taken before I even knew you could take photographs, of
the Guthrie Building and some of the things that were on Earl
Garrett. Later pictures show the building as they were
building the post office; they were putting the roof on the
post office.
And the reason I'm here before you is, I have a
very strong feeling and commitment, and I want to say to each
of you that I want to be supportive of the County and
supportive of the Commissioners in seeing that anything that
can be done to help and preserve the downtown area and give
it the charm -- as I just heard Mr. Luther say, to preserve
old downtown Kerrville in a way that is attractive for this
community, I want to be part of it. I'm not here shouldering
the burden of the expenses of getting it designated as a
historic site, or to make a long presentation of all the
dollars and cents it takes to maintain a building such as
this, but I am here to carry the banner for the fact that the
tax abatement, which you all, in your sole discretion, have
the power and the ability to undertake, will do something to
preserve downtown, to encourage people like Mr. Sheftall, who
I've talked to, to spend the money to have a historic site
and to preserve buildings like his building. If that is
something that will encourage people to come in and develop
1-14-08
21
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
effect as being a good thing that could have some effect on
encouraging people to come in and do something with downtown
Kerrville.
I was at a dinner party only last night, and some
of the old Kerrville people were telling me what the
Schreiner's store looked like and what's behind the the that
and can continue to be as an centerpiece of downtown. And so
that's -- just to be candid with you, that's what my pitch
is. I'm a lawyer. I've been a zoning lawyer. I've been a
president of chamber of commerces. I've been interested in
beautification and redevelopment of areas. I've raised money
to build civic centers. I'm not patting myself on the back;
I'm just simply here to try to make an impression on you that
I'm very genuine in trying to say that study, work, anything
I can do to help the Commissioners to see whether tax
abatement is something that will go with that statue of the
Ranger that will go on Earl Garrett Street, where my building
resides, I want to do it.
And, you know, I stand here -- I'd kind of like to
whistling in the wind, and these are things you guys have
1-14-08
22
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
personal opinion that paying the bills is helped by anything
that can increase the valuation of downtown. Even if you
give some a tax abatement, you do not have to say you don't
have to pay any taxes. You can lower the value on it because
', it's a historic site, or you believe, separate than an action
from the Texas Historic Commission, that it would be
something good for our community. That's my pitch,
gentlemen, and I'm happy to answer any questions.
As I've stood before juries through the years, I
always want to pound the table and say, "I hope I can do
something so you can remember a few of my comments and they
have just a little bit of impact on you." But I'm with you;
I want to help. I do think it's a good thing. And I
would -- just because they were so interesting to me -- and
I'll say this. I know you guys have been around for a while,
but you haven't seen some of these pictures, because the only
thing on the streets are horses. They didn't even have cars
when some of them were taken. But I'll just pass them
around, and you might have some interest in having a look at
them. The Guthrie Building as it stands today is on top.
surprising as to how much of that building looks like it did
in years past. Thank you very much, and it's a pleasure to
1-14-08
23
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
', be a Kerr County person and appear before you guys for the
first time.
COMMISSIONER BALDWIN: Thank you, sir.
JUDGE TINLEY: Any questions for Mr. Feldt?
COMMISSIONER LETZ: I -- just a comment. I think
that the issue seems to be a general policy issue
county-wide, not looking at individual properties. And I
think it's a worthy thing for us to look at. I think,
timing-wise, we -- it's a good time to bring it forward.
This could be set in place if we were to choose to do some
sort of abatement for historical buildings prior to the tax
statements going out, which is in July -- in June. So,
really, we have a window from now till probably end of May to
take action if we want -- if we want to. And I think it's
something that, when the Tax Assessor's back, we will have
some other -- we have some other tax-type issues which I
think, for lack of a better definition, come under the
category of incentives which tie directly into economic
development, and Judge Tinley and I have been working on that
now for about a year, and we're going to get serious about
concept in terms of that coming up. There certainly is no
reason why the point that Mr. Feldt brings could not be
incorporated into that discussion when the time comes.
MR. FELDT: Mr. Letz, if I may, please, sir, I -- I
agree with what you said. I mean, I think that it is -- as I
1-14-08
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
25
the Commissioners in a way that gives you some flexibility to
work with it. But, at the same time, it's something that
people that have the interest I have, or developers that come
in here and want to do something special, perhaps, for
downtown, which I understand that's very ripe right now, can
have something to sink their teeth in, in order to know the
views of the Commissioners, the policies of the
Commissioners, if you please.
JUDGE TINLEY: Yeah. I -- we have the ability to
percentage of assessed value, possibly with a cap on -- on a
dollar amount with a cap on percentage of total assessed
value. We've got all sorts of options. But, as Commissioner
Williams said, this is something that probably needs to be
considered as part of the entire package for development and
improvement. And in historical designation, certainly the
qualifications as set forth in the statute, you meet those
qualifications, and they're very specific. I don't see that
as a problem. I think it's a matter of the Court developing
a specific policy for that general category. And as you
said, it's a very ripe subject right now, with downtown
1-14-08
25
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
redevelopment literally hanging in the balance. And it is.
MR. FELDT: Yes, sir. And one other thought.
There's always one other thought, but one other thought I
perhaps will leave you with is, I've heard several times the
mention of Mr. Sheftall. As whatever happens, happens to
downtown, the issue comes up with the property owner, what
should I do? Or a developer, what should I do? Should I
tear the Sheftall Building down? Should I spend the money to
preserve it? Should I spend the money to preserve it
forevermore with historical designation? What should I do?
And that's the reason that financial issues such as tax
abatement in some fashion enter the picture when somebody has
their accountant waiting on numbers, as opposed to just their
desire and love for old things. Well, thank you very much.
I -- in order to -- and I understand the lawyer in me comes
out to make a record about what I'm about. I have, you know,
tax statements and those sort of things, and I'll just file
them with the clerk, and I don't need to talk about them.
Thanks very much.
JUDGE TINLEY: Thank you for being here today.
MR. FELDT: It's a first for me, and it's a
pleasure to have the opportunity, gentlemen.
COMMISSIONER BALDWIN: Thank you very much, sir.
MR. FELDT: Yeah, thank you.
JUDGE TINLEY: We have a 9:30 timed item, and we're
1-14-08
26
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
a bit past that now, so we will go to that item, being Item
Number 7 on the agenda, a presentation and discussion of the
Wide Area Rapid Notification system. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. This --
this issue has been before the Court for information
purposes, essentially, a couple times a few years ago. And
while it has value and merit, the cost was rather prohibitive
in the past, and probably the technology and the need to tie
up a lot of communications was, likewise, not conducive to
moving forward. In the interim period of time, a lot has
been done with respect to what we knew originally as Reverse
911. It's now called WARN, Wide Area response -- or Rapid
Notification system. And I'm pleased to introduce to you for
a short presentation the folks from Austin Biometrics, Sherri
Lyles and David Musselman. I see our friend Mr. Amerine in
audience from 911. And they're going to tell you what the
latest is, which is Internet-based technology, and we'll go
from there. Thank you. Sherri? David?
MR. MUSSELMAN: Yes. My name is David Musselman.
This is my partner, Sherri Lyles. Your Honor, I'd like to
thank you and the Commissioners for having us here today,
giving us an opportunity to present this to the County. For
those of you who can't see, I've got everything in here. If
you open up the proposal, behind the letter on the left-hand
side is an exact copy of the presentation, so if you have the
1-14-08
27
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
opportunity to read it. Also on the front of that is
actually a letter just outlining a little bit about Austin
Biometrics. Certainly, this is a hefty package here,
gentlemen. I'm not going to read it to you, trust me. What
I want to do is, I want to talk a little bit about what
Biometrics is a woman-owned hub, certified Texas hub. We are
operated out of Austin Biometrics, and we sell a number of
safety and security products to police departments, sheriff's
offices, State Department, and so forth, even the Austin --
Oklahoma Bureau of Investigations.
What we're here today to talk about is one of our
sell to a lot of municipalities, police departments and
EMS's, and in a generic term, is used as Reverse 911. And
what it does is, it gives the county an opportunity to
continue to manage their communications to their
constituents, whatever that kind of response may be. And
I've given you an opportunity to -- there's actually a
laundry list at back on the right-hand side of all the kind
of applications that this thing's used for. It's used,
really, primarily for emergency notification. We actually
have some counties that use it to collect taxes, okay?
1-14-08
28
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
So, let's go to the next slide. This is just a --
Sherri. Okay. Now, really, the core result for this
product -- the purpose for this product is, very simply, to
protect the safety and security of your citizens. That's
really all it's designed for. Like I said, it's used for
fire; it's used for floods, tornadoes, hazmats. You can take
a geo-mapping, which we all included in it, and, you know,
say you have a chemical spill. You can just do a circle,
square, any type of geometric figure you want on a map, and
do a blast call to those people saying, "Hey, we've got a
hazmat here; you need to avoid this area." Or prior to an
Amber Alert, say, "Hey, we've just had a child that's
missing." We actually have it deployed in Longview, Texas,
and they don't call -- they wait about 20 minutes if they get
a missing child report. The chances are sometimes the kid's
underneath the bed, so they'll wait about 20 minutes, and
they can go ahead and do an 8-area -- 8-block square mile --
I'm sorry, 8-block radius of where that child was, and say,
"Hey, we want to call these people. We have a missing child
in this area, you know. Keep a lookout." So, we want to try
to do some of these proactively, pre-Amber.
It also does elderly checks. We actually have a
situation in El Paso where they actually have to send out the
1-14-08
29
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
fire department to go check on elderly people. This system
is smart enough, you can actually program your elderly
community -- their schedules in the system. We know that
they're in church on Sundays. We know who their caregivers
the event -- you know, it's hard to teach people new things,
but everybody knows how to pick up a telephone, so we can
have this thing scheduled -- system scheduled to call all of
your elderly people at a set time. If they don't answer the
telephone, it can elevate it to the next level. Say, let's
go ahead and call the caregiver. "Can you can check on this
person?" Yes or no. "Yes, I can." "Can you check on them
now?" And it waits for the response.
So, basically what you have is, you have a
documented work flow, if you will, of how this thing's
managed, and it's actually -- you have a trail. And if they
can't, it will go to the next person, and so forth and so on,
so you can actually take care of those elderly people, know
that they've been taken care of, know that they've been
called, and have it tracked so anybody, whether it's the fire
department, whether it's the police department, whoever the
initiator is, can actually look online. And I neglected to
say this; this is not something that's installed. It's not a
box that sits anywhere. It's actually hosted by us. It's
hosted by WARN Communications, and it's a software and
1-14-08
30
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
service. So, really, you're using a web browser. So,
anybody that's an initiator is going to use a web browser,
and they get live updates every 15 minutes about what's
actually happened in the community, okay? And we have
redundant databases, redundant backup support. We have a
database -- data center in Richardson, Texas. There's one in
Chicago; there's one in San Diego. You never really know
where the information is being supported from. And they do
that because most incidents are regionalized.
Next one. Turn it around. Now, the nice thing
about this product is it does two-way communication, and you
can actually have your constituents sign up for their cell
phones. You can have them sign up for text messaging. We
obviously do land lines. We can tie into your sirens,
anything that you're using out there to communicate to the
public. We can launch e-mail; we can send pages, whether
it's one-way or two-way communication. We also do TTY, TTO,
satellite telephones. We can launch Amber Alerts for you,
and we can do even 800 Megahertz radios, which I haven't
found a police department yet that wants us to do that, but
we can. So, basically, based on your population in Kerr
County, we want to find out what's going to be the amount of
time it's going to take us to notify your constituents of any
type of an emergency.
25 ~ We went with a 2006 -- 2006 statistic, that Kerr
1-14-OS
31
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's population is 47,254. That's about what we came up
with. Ingram -- Ingram represents 1,868 of those.
Kerrville, 22,361, and the balance of Kerr County would be
23,025. Our system can process the 47,254 calls in 15
minutes, okay? Now, if you refer to this document that's
just behind the one on the left-hand side, it will give you
the -- you have two different telephone companies out here in
Kerr County. The first one is Windstream Communications, and
they handle pretty much everything outside of Kerrville. And
I actually wound up talking to -- actually -- yeah. Yeah,
they handle -- no, they handle Kerrville, I'm sorry. I think
I made a mistake, misspoke. They handle Kerrville. I wound
up talking to Arkansas; they wound up finally getting me to
Richard Smith, who's actually the area manager for
Windstream. He's headquartered out of Sugarland.
When we process a call, we deliver it to the phone
company. The phone company is the one that ultimately has
what we call in this business the "last mile." They're the
ones that deliver the message to the home or wherever it's
going. How you basically come up with a rough estimate about
how that's going to be delivered is the availability of toll
trunks. How many toll trunks come into this town? In
Kerrville, you have 1,786 toll trunks. Now, they're not all
going to be available at any given point in time of day, so
what we do to be conservative, we back out 40 percent. We
1-14-08
l
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
up with an estimate of how, if we wanted to call everyone in
Kerrville, what would it take us? On the top, basically, we
have 19,293 homes/households, and we've equated it to one
calculates out to 18 minutes plus 6 minutes and 12 seconds
for us to deliver. So, to deliver the messages to the entire
community of Kerrville is 24 minutes and 12 seconds, and this
is how I did my math. I did not break out Ingram or any
other cities, but it's pretty much the same. It's not an
exact science. You know, I don't want you to say, "Well, it
took, you know, 24 minutes and 15 seconds," because it
varies. What time of day it is, it varies. Depends on how
much redialing we have to do. But that's basically what it
would take to accomplish that, according to the phone
companies, according to us. So, we process, we deliver the
calls; they deliver them to the home.
Next one. Okay. First-year cost of this program
-- of this software service for the entire county is $31,150.
1-14-08
33
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
Second, third year, $18,000, respectively. The initial cost
is setup, training, just getting -- getting everything up and
running, getting all of your data, which we've been talking
to Bill about. Loading it into the system, setting up a web
page so that your community members can sign up if they want
to have cell phones and so forth in there. And, in addition
to that, obviously, there's going to be phone calls involved,
so you have a setup cost, but to make additional phone calls
or doing text messages, there's a cost involved with that.
Sorry.
MS. LYLES: That's the last one.
MR. MUSSELMAN: Okay. Text messages cost. And
this is just a whole host of information and services; you
guys can read that at your leisure, different things that we
do. WARN Communications is the only service provider that
offers five separate powerful call applications for networks.
And that's too hard to read; we'll just skip that. Let's go
to the next one.
MS. LYLES: That's it.
MR. MUSSELMAN: That's it? Okay. If you look on
your right-hand side, you'll see the brochures. What we're
talking about including in this package of delivery, based on
the application and your environment, is the one broadcast
system, the geo power, which is behind that. That includes
the mapping feature so that you can map out your community as
1-14-08
34
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 get down to street level. And behind that, I've put a
whole list of applications that are being used for the type
of system. So, with that, I will stop, and --
COMMISSIONER WILLIAMS: Just a couple quick
questions.
MR. MUSSELMAN: Yes, sir.
COMMISSIONER WILLIAMS: And then Mr. Amerine's in
the audience, and I'd like to ask him to make a comment or
two if we wishes to do so. Some of our concerns, as you well
know, have to do with flooding, Guadalupe River when it gets
out of its banks, and the problems that that causes. I'm
given to understand that with your particular system, we can
identify areas where the river may be cresting, and move
those call blocks down as the river continues to crest and
move south and eastward; is that correct?
MR. MUSSELMAN: That's correct. You have gauges in
those areas, correct?
COMMISSIONER WILLIAMS: Something, yeah.
MR. MUSSELMAN: What we would do, we would have --
those gauges would alert our system to launch a
notification --
COMMISSIONER WILLIAMS: And same would apply --
MR. MUSSELMAN: -- based on your requirement.
COMMISSIONER WILLIAMS: The same would apply to
fires, right?
1-14-08
35
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. MUSSELMAN: Correct.
COMMISSIONER WILLIAMS: We can identify an area,
perhaps, like the large area we had in Kerrville South, and
we can outline where the fire is and notify people within a
certain radius of that fire to give that kind of a warning?
MR. MUSSELMAN: That's correct.
COMMISSIONER WILLIAMS: Okay.
MR. MUSSELMAN: And you'll know that they've been
notified. It'll tell you that the call went out, they
answered it at this time, and they responded, positive or
negative. But you'll have -- you'll have control of that
communication, knowing that that person answered the
telephone. We can set this thing up so it will call until
you get an answer, and until you get -- until you get some
type of affirmation as to what that particular person did,
that constituent.
COMMISSIONER WILLIAMS: And there is no cost for
the use of the trunk lines through Windstream?
MR. MUSSELMAN: No, there's not.
COMMISSIONER WILLIAMS: That's an improvement over
the last time.
MR. AMERINE: There is a cost per call.
MR. MUSSELMAN: Phone calls --
MR. AMERINE: On top of the -- I'll let David --
it's his cost, so I'll let him explain.
1-14-08
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
MR. MUSSELMAN: It's whatever your regular phone
calls are now. It's not going to be -- we don't make a
profit on those type of phone calls.
MR. AMERINE: No, but explain -- David, explain
beyond the licensing fee, the fact that if you initiate
10,000 calls, use 10,000 minutes, what the cost of that is.
MR. MUSSELMAN: Okay.
~~ MR. AMERINE: Because you do charge for each call
that's made.
MR. MUSSELMAN: Okay. I don't have those numbers
with me, but --
MR. AMERINE: There is a cost per call, above and
beyond the licensing fee. So, you know, it's not just you
pay the $18,000 in the second year and you make as many calls
as you want; there's no cost. There is a cost associated
with that.
MR. MUSSELMAN: I can get those numbers for you
guys.
COMMISSIONER WILLIAMS: I would appreciate that.
That would kind of firm up the rest of the presentation.
Mr. Amerine, do you have any other comments you'd like to
make?
MR. AMERINE: Well, you know, this has come up for
', three or four years about providing a service like this. A
~! lot of counties are doing this, and I think Commissioner
1-14-08
37
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
Williams' interest is having 911 do this. As a matter of
fact, I kept him in the loop last year with some action in
the State Legislature to actually mandate that 911 agencies
provide the service across the state. Unfortunately, it
I
didn't make it out of committee in either the Senate or
House, because there was no funding mechanism put in place
along with the language of the law. I would suspect it's
going to come back. It's going to come back to 911 at some
point in time. So, when that would happen, of course, your
911 agency would have the funding mechanism and the ability
to provide the service to the community. At this point in
time, we don't. Other than that, this is a service that most
counties have. It's of great use.
The graphic interface tool that David alluded to is
quite easy; requires minimum training for anybody in the
county, Sheriff's Office or anywhere else that would be
suitable to learn to use this. Essentially, you build a
polygon or a circle or an area of interest around a disaster,
and it builds a call list, and then initiates a canned,
recorded message to those citizens to warn them of the
disaster or the -- the event. I think, for your
consideration, David and Sherri can provide you a total cost
of ownership, which it would include those costs per each
call, because when this presentation was provided to the
Sheriff and the Chief of Police, that information was
1-14-08
38
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. AMERINE: Don. It's not a huge cost, but there
is a cost there. The other thing that was discussed at that
meeting that's kind of hit a roadblock, that we will continue
to try to work with, is the fact that this would be an
application that would be suitably shared between the County
and the -- and the City of Kerrville, as far as annual
licensing cost, and then the individual usage could be
carried by that jurisdiction that uses that service. So, if
the City used 10,000 minutes, they they'd pay for that 10,000
minutes. If the County used 35,000 minutes, then they would
pay for that, and they could split the licensing cost year to
year. That was the proposal at the meeting that we held a
couple months ago. So, I'd answer any other questions you
might have.
COMMISSIONER WILLIAMS: Thank you. I just have one
other footnote. Sheriff Hierholzer noticed that this was on
the agenda, and as you mentioned, he and his chief deputy as
well as I attended the demonstration that you had over in
your offices, and the Sheriff wants the Court to know that
he's highly supportive of this; he likes it and so forth. I
want to thank you both for coming down from Austin.
Appreciate you being here today.
MR. MUSSELMAN: Yes, sir.
1-14-08
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
JUDGE TINLEY: I've got a couple of questions, if I
might. But, Bill, do you think this is something that's
probably best implemented through 911, in coordination with
your office?
MR. AMERINE: Well, it would have to be in
coordination with our office, because to make that geo-tool
that David referred to is going to require us to provide the
actual information, the citizens' information, the location
of where they're at and their phone number.
JUDGE TINLEY: Okay.
MR. AMERINE: There is one little sticking point,
and David's been providing me some references on this.
Unlike some of the other open government information that we
hold, there's a specific reference in the Health and Safety
Code that makes our information confidential. However, I do
believe there is an Attorney General opinion that says for
this purpose, which is very specific to public safety, that
we can make that information available to the application.
But we'll make sure that that's the case before we release
any information.
JUDGE TINLEY: David, another question, if I might.
MR. MUSSELMAN: Yes, sir.
JUDGE TINLEY: You mentioned in your presentation
that it can be a two-way communication. The citizen can, I
understood you to say, subscribe or request that service. Is
1-14-08
40
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 any cost to the citizen for this to be a two-way
communication?
MR. MUSSELMAN: There would be -- there would be a
cost associated if there's going to be a cell phone call, if
they're going to text a text message, you know. The cost
would come from one side. I think text messages are, like,
15 or 20 cents, but depending on whatever carrier they're
using. But, yes, there is a cost associated with text
messages. There is also a cost associated with a cell phone
call.
JUDGE TINLEY: But those are the normal costs that
are -- that are --
MR. MUSSELMAN: Yes.
JUDGE TINLEY: -- put in place by whoever the
particular carrier is?
MR. MUSSELMAN: That's correct.
JUDGE TINLEY: There's not an additional cost as a
result of the utilization of your service?
MR. MUSSELMAN: Well, they process it -- I guess
they put it all in one. I'll clarify that --
JUDGE TINLEY: Okay.
MR. MUSSELMAN: -- piece of it. But I did want to
mention this; we are on the state contract. We're the only
emergency notification system available on DIR in the state
of Texas, so right, wrong, or indifferent, we've certainly
1-14-08
41
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. AMERINE: I've suggested to the Sheriff and
David that they get with Mr. Hofmann with the City and try to
get on the city agenda for City Council to present this
information, and see where it will go from there, as far as
getting a joint -- 'cause I really do -- this is another one
of those things that is best shared, and not -- you know, not
to have a redundant cost for the City and the County. It's
something that could be -- the individual costs of usage
could be borne by each of the jurisdictions. But getting
this started should be something that's a joint venture, to
save money for the taxpayers.
COMMISSIONER LETZ: But -- I mean, but kind of what
I want, it appears what makes sense to me is to have it go
through you.
MR. AMERINE: Well, I have no problem facilitating
this. But, again, since there is no equipment and there is
no -- you know, it's not like it's going to be installed in
the call center or going to be installed in our PSAP. It's
simply an Internet access that you need. You're going to
provide a specific password and access to individual users.
1-14-08
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
I, Their account will be specifically charged back to whoever is
using the tool. But I -- I'm perfectly happy to stay
involved and facilitate the process of trying to get this for
the County and the City. I do think, though -- just to pick
up on what you're saying, I do believe that what was
introduced in 2007 mandating that 911 provide this service
will come back. I do think when it comes back, there'll be a
funding mechanism put in place, a new surcharge or way to
get -- recover the cost of this. So, there may be a point in
time in 2008 or '9 where the City and the County will not be
administrating this process. We will at 911.
COMMISSIONER LETZ: It makes more sense to me to
kind of point in that direction right now. And -- and if it
takes an interlocal agreement with the City and the County
and 911, and have you administer it, I mean, I think it just
makes a lot more sense. Otherwise, you're going to get 12
different systems.
COMMISSIONER WILLIAMS: Thank you all for coming.
JUDGE TINLEY: Appreciate it.
MR. MUSSELMAN: Thank you.
MS. LYLES: Thank you.
JUDGE TINLEY: We've got a 9:45 item that we've run
past, so we'll go to that timed item. Item 10, consider,
discuss, and take appropriate action to authorize Kerr County
Maintenance Coordinator to go out for bid for electrical,
1-14-08
43
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
plumbing, HVAC, and pest control services.
(Commissioner Baldwin left the courtroom.)
JUDGE TINLEY: Mr. Bollier, our Maintenance
Supervisor, is here. This is something that we customarily
do on an annual basis; is that not true?
MR. BOLLIER: Yes, sir.
COMMISSIONER LETZ: Same as last year?
MR. BOLLIER: Sir?
COMMISSIONER LETZ: You want to go after the same
types of bids, same as last year?
MR. BOLLIER: Yes, sir, I do.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: 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.
COMMISSIONER LETZ: He was trying to say something.
MR. BOLLIER: Do we want to run these contracts at
the start of the fiscal year from now on, or do we want to
run them through -- at the calendar year?
COMMISSIONER LETZ: Fiscal year.
COMMISSIONER OEHLER: Fiscal year.
JUDGE TINLEY: Yeah. For budgeting purposes, I
would think.
COMMISSIONER WILLIAMS: Yeah.
1-14-08
44
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: Now I'll vote.
JUDGE TINLEY: Now, 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. Thank you,
~ Mr. Bollier.
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Sorry for running past you there.
Let's go to Item 3; consider, discuss, and take appropriate
action on a request by Community Council of South Central
I
Texas to be approved as a local nonprofit agency in order to
utilize the Youth Exhibit Center at a discounted rate and
waive the $300 setup and take-down fee. Ms. Pope?
MS. POPE: Good morning. Yes.
JUDGE TINLEY: How are you?
MS. POPE: I'm wonderful. How are y'all doing
today?
JUDGE TINLEY: Fine.
MS. POPE: Thank you for having us. My name is
Brandi Pope. I am the county coordinator for Community
Council of South Central Texas. This is Shannon Muniz; she
is also a county coordinator for Community Council of South
Central Texas. Community Council has been a nonprofit agency
1-14-08
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
surprised that we weren't on the approval list already. What
we are planning on doing is facilitating a Kerr County-wide
informational expo that we would like to hold at the Youth
other area nonprofit agencies that, as you know, normally
don't budget for fairs. We are going to have a blood drive.
We're having a child safety seat demonstration, an
(Commissioner Baldwin returned to the courtroom.)
that are going to be an informational exposition for the
residents of Kerr County. We are petitioning the Court to
waive the fees, because that way we can get more people
involved within the community. As Community Council, we
don't have a budgeted set amount of money to go towards
outside of helping the residents of Kerr County, and this
would really benefit us to be able to do more county events
for the residents. I have with me an annual report that
shows that for fiscal year 2007, for Kerr County alone, we've
spent over $89,000 to help the residents of Kerr County.
That's Center Point, Kerrville, Hunt, Ingram, and the
surrounding areas within Kerr County. We help people with
1-14-08
46
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
utility bills, and we've transitioned 14 families out of
poverty, and it has been a great success for the year. And
we're hoping that in 2008, we'll be able to exceed that.
COMMISSIONER WILLIAMS: Your funding comes through
I AACOG?
MS. POPE: It comes through T.D.H.C.A., the state
federal fund.
COMMISSIONER WILLIAMS: Direct, or through AACOG?
MS. POPE: I think --
MS. MUNIZ: It is not through AACOG, sir. Most of
it is direct through state funding. We do have -- in some of
our other counties, and also in Kerrville, we do have some
federal fundings that we get for the people that we help with
the emergency utility bills or with rent bills. Brandi does
not have that in her county yet, though. We also do private
donations. We do drives to raise money for funding for any
need that the -- that the county may have. And in the
future, if there's anything that you see that the county
needs that we might be able to provide, we're more than happy
to do so. Right now, Brandi is doing a blanket drive for
elderly, disabled, or families with low income that may not
have blankets, and in the future she might want to increase
that to heaters or something else that you might see that you
need, or this county needs.
MS. POPE: Right.
1-14-08
47
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. MUNIZ: So, we are willing to do anything that
is not already being provided, if you'll just let Brandi
know.
COMMISSIONER WILLIAMS: You serve Kerr County
through offices in Seguin; is that correct?
MS.-MUNIZ: No, sir, we do have an office here in
Kerrville. Brandi's office is located on Guadalupe Street.
Seguin is actually our main office, but we do have 11
satellite offices in the 11 counties surrounding Bexar
County, so there is a field person in each county.
JUDGE TINLEY: Commissioner Letz, Commissioner
Oehler, how -- how are similar nonprofits similar to this
organization treated for purposes of utilization of the -- of
the Youth Exhibit Center?
COMMISSIONER LETZ: I think it's a 50 percent
reduction, and I'm in favor of that, but not beyond that. I
mean, I think we need to treat all nonprofits the same. I'll
make a motion that we -- isn't it 50 percent?
MS. GRINSTEAD: I think you've been waiving the
$350 for the fee, but not the setup fee.
COMMISSIONER LETZ: Well, I'm just giving the
50 percent reduction.
MS. GRINSTEAD: Be about the same off the total.
COMMISSIONER LETZ: Yeah.
COMMISSIONER OEHLER: Second.
1-14-08
48
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 as
indicated for 50 percent reduction of normal fees, same
treatment as other similar nonprofits.
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: In essence, adding them to the
nonprofit list.
COMMISSIONER LETZ: Correct.
MS. POPE: Thank you.
JUDGE TINLEY: Question or discussion on the
motion?
COMMISSIONER BALDWIN: Couple of questions. Is
that what they're asking for?
COMMISSIONER LETZ: No.
JUDGE TINLEY: No.
MS. POPE: No, sir. I was -- from what I
understand, as long as a nonprofit agency is approved by the
Commissioners Court, the initial rental of the facility is
waived. That's an initial $350. However, it is at the
Court's discretion to go ahead and waive an additional $300,
which is for a setup and tear-down of the tables and chairs.
That is at your discretion of whether you can waive that or
not.
COMMISSIONER BALDWIN: Thank you.
MS. POPE: And that's what I was requesting, is to
have the additional $300 waived.
1-14-08
49
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, COMMISSIONER BALDWIN: Okay. And we're not going
to give you that. Is that your understanding?
MS. POPE: That's my understanding.
COMMISSIONER BALDWIN: Are you happy with that?
MS. POPE: It'll be fine, yes, sir.
COMMISSIONER BALDWIN: Let me ask you one other
question. I served on this board many years ago, and so I've
kind of -- I've had an ear tuned to this program for a long
time. You recently had some legal problems?
MS. POPE: I'm not --
COMMISSIONER BALDWIN: This lady behind you can
answer it, though. Would you mind bringing us up to date?
MS. POPE: Yes. I'm new. This has been my first
~ year.
COMMISSIONER BALDWIN: Well, I'm glad you're here.
I'm glad you're in Kerrville.
MS. MUNIZ: Yes, sir, we have had some legal
problems. We are still under what is called cost
reimbursement by the Texas Department of Housing and
Community Affairs. I do want to let you know that our
executive director, Mr. Ramirez, did resign. He did make a
motion to have our board of directors review his resignation.
They, in fact, did, and his resignation does stand. We do
have an interim director right now, Ms. Mary Lou Castillo,
and she was actually the executive assistant underneath
1-14-08
50
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. Ramirez. She will not be the executive director; has
already made mention to the board of directors that she does
not want that position. Right now, we are working on other
sources of revenue, because we are on cost reimbursement, and
basically what that means is that before, T.D.H.C.A. would
award us funding, so we'd always have working capital. They
are no longer going to award us this funding. We are going
to have to spend the -- spend money on the utility bills or
whatever the program might be, submit that to T.D.H.C.A.
They will review it for accuracy, also the documentation,
making sure that we did everything accordingly, and then
reimburse us. So, we are working hard to get out of cost
reimbursement, and we project that we should be out of that
by March.
COMMISSIONER BALDWIN: Thank you for being so
honest. I appreciate that.
MS. MUNIZ: Thank you.
COMMISSIONER BALDWIN: It's refreshing.
MS. MUNIZ: And we will be looking for a board
member in this county soon, so... (Laughter.)
COMMISSIONER BALDWIN: I'm ready to vote.
JUDGE TINLEY: I think we already have that in
place for you, ma'am.
MS. MUNIZ: That's great.
COMMISSIONER WILLIAMS: Very experienced.
i-i4-os
51
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: Commissioner, for your information,
at the request of your good friend, Judge Danny Sheel from
Comal County, I was at the meeting in Hondo that these
matters all kind of got thrashed out, and -- and the
director, Mr. Ramirez, resigned, and indications are they're
trying to put those problems behind them.
COMMISSIONER BALDWIN: Super. That's fantastic.
MS. MUNIZ: Yes, sir. And I just also want you to
know that a lot of the problems that are now arising after
that resignation, our board is working diligently to try to
answer all those questions. They were not aware of some of
the things that were done before.
JUDGE TINLEY: Okay. We have a motion and second.
Any further question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. If you'll
bear with us for just a moment, we've got some timed matters
we've got to attend to. At this time, I will recess the
Commissioners Court meeting, and I will convene and open a
public hearing for the revision of plat for 707 Ranch, as set
forth in Volume 7, Page 347 of the Plat Records, and located
in Precinct 4.
1-19-08
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
(The regular Commissioners Court meeting was closed
at 10:05 a.m., and a public hearing was held in
open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard with respect to the revision of plat
for the 707 Ranch, as set forth in Volume 7, Page 347, and
located in Precinct 4?
(No response.)
JUDGE TINLEY: Seeing no one seeking to have input
to that, I will close the public hearing pertaining to the
revision of the plat for 707 Ranch, as set forth in Volume 7,
Page 347.
(The public hearing was concluded at 10:05 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And I will convene and open a public
hearing for the revision of plat for Lots 14, 15, 16, and 17
of Solar Village, as scheduled for 10:05 this morning, that
plat being in volume 4, Page 277, and located in Precinct 1.
(The regular Commissioners Court meeting was closed
at 10:05 a.m., and a public hearing was held in
open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard with regard to the revision of a plat
for Lots 14, 15, 16, and 17 of Solar Village, as set forth in
1-14-08
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
Volume 4, Page 277 of the Plat Records?
(No response.)
JUDGE TINLEY: Seeing no one coming forward on that
particular item, I will close that public hearing, and I will
reconvene the Commissioners Court meeting.
(The public hearing was concluded at 10:06 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And we'll go to Item 4; consider,
Central Texas, Incorporated, to participate in emergency
Shelter Grant Program with respect to program activities
located in Kerrville and/or Kerr County, and authorize the
County Judge	to sign	same.	Ms.	Pope	again.
MS.	POPE:	Yes,	sir.	What	this is, the Emergency
Shelter Grant Program is a grant that we were trying to apply
for for fiscal year '08. It is a grant that provides
emergency rent and mortgage assistance for families in the
area. As we know, there are a lot of families right now that
are having difficulties; their homes are being foreclosed on
because of them unable to pay their mortgage. The grant
requires that -- that the County Judge sign an approval form
that gives us permission to apply for the grant in the area.
1-19-08
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
It is a competitive grant. Signing the approval form giving
us permission to apply for it does not guarantee that we will
just a -- the timing factor; we weren't able to apply for the
grant this year because we weren't able to come before the
Commissioners Court in time to submit the application. So, I
was wanting to request that the County Judge be given
permission to annually sign the application form without
having to go before the Commissioners Court, so that we won't
COMMISSIONER BALDWIN: Why don't you just come in
MS. POPE:	It	was just something	that	we	received
the information, and	we	didn't have enough	time	to	get in.
COMMISSIONER BALDWIN: Next year. Next year, why
don't you just come in in a timely manner, instead of us just
giving carte blanche to the County Judge to sign things?
MS. POPE: Well, if we get the -- the discrepancy
this year was that we received notification that we were able
to apply too late for Community Council to get on the
Commissioners Court. It was -- we had -- we notified --
COMMISSIONER BALDWIN: That's a problem, isn't it?
MS. POPE: Yes, sir. So it was just -- it was just
a timing restraint that we don't know what it's going to be
1-14-OS
55
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
like next year. This year we just missed out on the
opportunity --
JUDGE TINLEY: Is there --
MS. POPE: -- to have it.
JUDGE TINLEY: Is there some way that you can have
some sort of communication coordination with the folks
~~ that --
MS. POPE: At the state?
JUDGE TINLEY: -- that handle these things to get a
little bit better heads-up from those folks?
MS. POPE: This would be the first year that we
were trying to apply for it for Kerr County. Shannon has had
this grant program before.
MS. MUNIZ: And what happened this year is, because
of the other problems that we were facing as an agency, we
weren't even sure if we were going to be able to apply for
the grant. We thought, because we were under cost
reimbursement, that we wouldn't be eligible. Well, even
though we weren't eligible, we still had to place an
application in order to qualify for '09 funding. So,
normally Brandi will know ahead of time, but just in the
event that this should happen again, or cost reimbursement is
not removed by March, we just wanted to see if we could get
permission for this. It would just be for us to be able to
apply for it. It would not be -- additional problems that
1-14-08
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
might arise, we can come before the Commissioners Court. It
would just be for this one application, just for us to be
able to apply on time. You know, I don't see it being a
problem in the future, but in the event that it is, we wanted
to be prepared.
COMMISSIONER WILLIAMS: Would you explain the
relationship between your news release that's contained in
our packet and this application? In your news release, you
talk about a block grant has been allocated in the amount of
$472,000 from T.D.H.C.A. to administer the C.S.B.G. funds for
'08. What is the correlation here?
MS. MUNIZ: That C.S.B.G. block grant, that is the
funding that we use for administrative purposes. That pays
our salaries, our rents, our utilities, office supplies. It
also plays -- pays the administrative fees of our program
director, assistant director, and the executive director.
This is not funding that can actually be used to help
families. We've been awarded this funding. Now, that
doesn't mean that we actually have it in-hand, because we are
under cost reimbursement. Again, we have to spend it and
then draw down from it, but that is how much, essentially, we
have to work with this year.
COMMISSIONER WILLIAMS: Thank you. You anticipated
my question, thank you.
JUDGE TINLEY: You indicated that, really, the
1-14-08
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
problem this year was the hiatus that you were in because of
some -- some legal and similar type issues. I gather from
what you're saying that you normally get notice of these type
of potential grant programs far enough in advance that you
could bring those to the Court?
MS. MUNIZ: Yes, sir, normally we do. This is the
one grant that I can say does not run January to December.
It actually starts in September and ends in August, so we
would usually have ample time. Because of the problem, it --
the information came to Brandi in December, and in the past,
Kerr County was not a county that was assisted with this
program, so she actually got the information in the middle of
December and was not able to bring it before you in time.
JUDGE TINLEY: Well, my thinking is that I -- I'm
authority for me to go forward with these applications. For
example, everything might be hunky-dory and going along fine,
and if we have some other of these issues like we had
recently that occur in the interim period of time, I'd want
this Court to be aware of them before making that decision of
authorizing me to go forward. That's my thinking.
COMMISSIONER BALDWIN: Absolutely.
JUDGE TINLEY: So, I'd like to handle this on an
1-14-08
58
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
each time we authorize you to go forward. That's my
thinking.
COMMISSIONER BALDWIN: I agree 100 percent. And
may I suggest something? That we have a dear friend here in
Kerrville, and his name is Harvey Hilderbran, one of the
nicest, smartest men on the face of the earth.
MS. POPE: I know Harvey.
COMMISSIONER BALDWIN: His partner is sitting back
there; I'm thinking maybe he'll take word back to Harvey
about how nice we think he is.
COMMISSIONER WILLIAMS: I doubt it.
COMMISSIONER BALDWIN: This guy can perform
miracles. Is that pretty good?
AUDIENCE: That's good.
COMMISSIONER BALDWIN: And I'll bet he could get
the Texas Department of Housing and Community Affairs to
communicate with you folks anytime you wanted them to.
COMMISSIONER WILLIAMS: In a more timely fashion.
COMMISSIONER BALDWIN: Anytime. Any time, day or
night, 24/7. Because he is nice. And handsome. Did I say
handsome? So, that settles that agenda item, doesn't it?
JUDGE TINLEY: Yeah.
MS. POPE: Thank you very much.
MS. MUNIZ: And, Judge, we do plan to keep you
aware of the situations that are happening with the agency.
1-19-08
59
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 appreciate that.
MS. MUNIZ: Thank you.
JUDGE TINLEY: Thank you, ma'am.
MS. MUNIZ: Thank you for meeting with us today.
COMMISSIONER WILLIAMS: You're welcome.
JUDGE TINLEY: Let me see. It's not quite 10:15,
so we'll go to Item 5; consider, discuss, and take
appropriate action on Texas Cooperative Extension's request
to fill the County Extension Agent, Family/Consumer Science
position here in Kerr County. Mr. Walston? That's not
Mr. Walston; he's back there. Ms. Mapston, good to see you
here.
MS. MAPSTON: Yes. Good morning, Judge. Good
morning, Commissioners. I'm pleased to be here today to
bring forth an applicant for the vacant Family/Consumer
Science position. I'd like to introduce to you Ms. Renee
Walls. Renee is a graduate of University of North Texas with
a degree in Applied Gerontology and a minor in Recreation and
Leisure Services. Renee, while she was in college, she did a
-- completed an internship in Haltom City at the Haltom City
Senior Center, and after graduation, she was employed at the
Keller Senior Center, where she was there for three years.
While she was at the Senior Center in Keller, she programmed
trips, activities, exercise classes, nutrition education
classes, the feeding program, and also the budget, and then
1-19-08
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
And I wanted to bring up that we do have a -- a new
today is called the First Step For Success program. Renee,
being a fresh person out of school with minimum experience,
qualifies for the First Step for Success program, where, for
the first month, Renee will be assigned to a similar type
county to shadow, observe, learn the day-to-day workings of a
county extension office, complete all of her paperwork, her
passwords, all of the things that it takes to become
processed and on board with Extension. And I would like to
assign Renee to Bandera County, working with Janna Osbourn in
FCS and Warren Thigpen in Agriculture and Natural Resources
for the month of February, and we will pay full salary, full
travel, registration fees and everything that goes into that
first month of employment.
I'd like to recommend her starting here in Kerr
County on March the lst at the -- at your regularly budgeted
salary and travel. So, we would pay the first 30 days -- or
first 28 days of her employment, and she'll be working with
Roy and Laurinda and Carla in the area of Family/Consumer
Sciences. We'll be doing a lot of training during the first
1-14-08
61
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
two years. In addition to the First Step For Success
program, New Agent's Orientation, which will take place in
College Station on campus. Then some things within our west
region, and then she'll be assigned a mentor in FCS, and that
will be Shea Nebgen, who's the County Extension Agent over in
Gillespie County will be assigned with Renee for her first
full year to help her get her feet on the ground and get
trained and ready to go. So, it's my recommendation for
appointment of Renee.
JUDGE TINLEY: And you're asking us to approve that
here this morning?
MS. MAPSTON: Yes, sir.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval 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: The motion does carry. Welcome
aboard, Renee.
MS. WALLS: Thank you so much.
!, MS. MAPSTON: Thanks.
JUDGE TINLEY: Okay. We have a 10:15 timed item
1-14-08
62
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 have gone slightly over. We'll take that item up.
That's Item 18, to consider, discuss, and take appropriate
action on authorizing the financial adviser to prepare
recommendation for the type of short-term financing that
financing application. Ms. Hargis, you asked that this item
be placed on the agenda, and I note that Mr. Bob Henderson,
our Kerr County financial adviser, from RBC and Dain Rauscher
is here. We're happy to have you here.
MR. HENDERSON: Thank you Your Honor.
JUDGE TINLEY: Proceed.
tentative list of the things that we want to do. Those
tentatively are our computer program -- our capital outlay on
our computer program, the windows for this building, the
addition to the Ag Barn, and we have some software things
that are also in addition that have come along. We also have
a list from Leonard of some vehicles and some equipment that
he would like you to consider when we're putting this
together, to come out to the dollar figure that we discussed
that would be economically feasible to do this. So, I really
-- you know, I mean, that's all kind of tentative. I think
it, you know, rolls up to about a million, a million-plus. I
1-14-08
63
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
think that what I want to hear from Bob today is what kind of
financing he thinks we might need to get, and then we need to
I~ firm up that list, because we've already bought a lot of the
computer equipment because it was pretty much ordered and
needed. And some of the other people are waiting now to
obtain their -- their different portions of their capital
outlays. As you know, we pretty much stripped capital outlay
from the budget, so I really think we need to get on this as
soon as possible.
JUDGE TINLEY: What you're asking us, in essence,
Ms. Hargis, is to allow Mr. Henderson to move forward to look
at it, review the marketplace, and see what the best route to
travel is insofar as debt instruments in view of what we are
putting in place, and just get him to go forward to kind of
get that ready for when we get ready to pull the trigger on
it?
MS. HARGIS: And then I need the Court to decide
what items are going to be on that list so we can define the
amount of the funding that we're going to obtain.
JUDGE TINLEY: But that will be another issue for
another day?
MS. HARGIS: Right.
JUDGE TINLEY: Okay.
MS. HARGIS: So I'm going to let Bob, since we just
I met --
1-14-08
64
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. HENDERSON: We've talked on the phone several
times, but haven't met. Good morning. For the record --
COMMISSIONER BALDWIN: Bob?
MR. HENDERSON: Yes, sir?
~', COMMISSIONER BALDWIN: Before you get too cranked
up there, we're talking --
MR. HENDERSON: Have we met? (Laughter.)
COMMISSIONER BALDWIN: Just this morning. And
that's exactly what I wanted to ask you about. The -- being
as we're talking about a fairly large sum of money for us
Kerr Countians, taxpayers' money, I wanted to reassure the
taxpayers of this county that we didn't find you hitchhiking
down Interstate 10 or anything. How long have you done
business with Kerr County? How long have you worked for Kerr
County?
MR. HENDERSON: I would have to check my files to
get the exact date, but if memory serves me correctly,
approximately 1984, so about 23 years.
COMMISSIONER BALDWIN: Yeah.
MR. HENDERSON: And, you know, the Judge introduced
us as RBC Dain Rauscher. In the 24 years that I've been --
the 26 years I've been in this business, I've worked for two
firms, but they've had, like, nine different names because of
all the -- the mergers and acquisitions and so forth. Our
current name is RBC Capital Markets. We got --
1-14-08
65
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: You've done it again.
MR. HENDERSON: We've done it again. We went from
But same guy for 23 years, you know, here at Kerr County.
And I have been with this same company -- although it's
changed its name several times, I've been with the same
company since 1992. And, for the record, you know, Robert
Henderson with RBC Capital Markets in San Antonio. As the
Commissioners Court is aware, there was a reimbursement
resolution that was passed by the Commissioners Court prior
to Christmas that gave the Court the authority to go ahead
and start spending money for the computers that Ms. Hargis
just mentioned, and be able to reimburse your general fund at
a later date out of the proceeds of the tax-exempt financing.
The vehicle that we have talked about tentatively has been
tax notes. We can do that without having to do the public
offering and the notice of intent and all the things that are
affiliated with the certificates of obligation.
The Commissioners Court has, on multiple occasions,
appropriate for large permanent items, such as courthouse
renovation or roads and bridges and those sorts of things
that are going to have a much longer useful life. We're
1-14-08
66
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
expecting that this financing will have a term of less than
seven years, given the useful life of the items that we're
financing. You're very familiar with, I know, from the
5 o'clock news, all the volatility in the financial markets,
you probably are not aware of is that the subprime mortgage
problems have actually spilled over into the municipal bond
market in a very, very big way.
And the way that that happened is that the -- we
have in the municipal bond business what we call monoline
insurance companies; Ambac Insurance, MBIA, FSA, and several
others, FGIC. And these are insurance companies that for 30
years had been insuring municipal bond transactions issued by
cities and schools and county governments to a triple-A bond
rating for marketing purposes. And -- and as unrelated as
municipal bonds issued by cities and schools and counties are
!, to subprime mortgage lending, there has been a connection,
because these same insurance companies also got into the
business of insuring mortgage pools, mortgage-backed
securities pools, a lot of which had mortgages -- residential
mortgages from subprime borrowers. The result of that has
been that there has been significant disarray in the
municipal bond industry, particularly as it applies to
municipal bond insured transactions in the last four to six
months.
1-14-08
67
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 great news is, that's not going to impact Kerr
County on this transaction, and the reason being -- except
for in a positive way. As you know, the Federal Reserve has
lowered interest rates three times in the last six months,
trying to bail out the subprime mortgage industry. We know
that the leading presidential candidates are calling for a
freeze on adjustable rate mortgages for the subprime market.
And, finally, we know that just last week, Chairman
Bernanke -- I can't even pronounce his name, the new -- where
is Alan Greenspan when you need him, right? -- Barnecki or
Bernacki or however you pronounce his name, announced last
week that he is certain that the fed will continue to cut
interest rates to -- to bring stability to the financial
markets. The next Federal Open Market Committee meeting is
going to take place at the end of this month, the 30th --
29th or 30th, something like that, and the markets are
generally expecting a -- a 50 basis point cut in the federal
funds rate. As of this morning, the 10-year treasury is at a
3.89, and so that's a very attractive interest rate compared
to where it was last year, which was in the upper 4's.
With respect to this financing, again, we would
expect a tax note with a final maturity of no more than seven
years, so we ought to be looking at interest rates that ought
to be under 4 percent for the County. Because of the size
and the duration of the -- of the borrowing, we would not
1-14-08
68
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
so short-term. And, again, and because it is such a small
amount, we would not anticipate a public offering of the
debt, but rather what we call a limited private placement
method of sale.
And that is to say that once the Commissioners
Court has decided exactly what items they're going to
undertake to sell, Ms. Hargis and I will get together to
devise a structure, and we'll go to a combination of national
private placement buyers; Bank of America, Wells Fargo, Frost
Bank, Alliance National, SAW National. We also, as a routine
', matter, contact your local banks, 'cause we don't want those
guys to feel left out. And we will basically take bids from
all of these firms on a private placement basis. The
significant difference in the private placement is because
there aren't any offering documents, we'll be asking whoever
buys the bonds to sign what we call an institutional investor
letter, which says that they're going to hold the bonds in
their own portfolio until maturity, so we don't have to worry
about the continuing disclosure and all the things that are
1-14-08
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
69
affiliated with a public one, which means your cost of
issuance will be quite a bit lower as well.
COMMISSIONER WILLIAMS: What's the timetable, Bob?
MR. HENDERSON: From the time that you give me a
definitive number to the time that we can effect a -- a sale
would be 10 days. We still have to have these approved by
the Attorney General's office, and they require three weeks
to approve, so we need about four weeks to close the
transaction after we've negotiated it. So, from the time you
give me a definitive number till money's in the bank is
approximately six weeks.
COMMISSIONER WILLIAMS: Thank you.
MR. HENDERSON: Happy to answer any other questions
you might have.
JUDGE TINLEY: Any other questions for
Mr. Henderson?
COMMISSIONER LETZ: Is there any magic number?
Like, can there be, you know, slightly over a million? At a
million exactly? I mean, does the dollar amount make that
much difference?
MR. HENDERSON: No, sir.
COMMISSIONER LETZ: Just whatever it happens to be?
MR. HENDERSON: No, sir, and that's a very good
question, 'cause we've talked about that in the past with
respect to certificates of obligation. If we were doing a
1-14-08
~o
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
20-year transaction that we were going to go deal with
municipal bond insurance companies and monoline insurance
companies, there is a break-over amount that occurs around a
million, three to a million, five, below which it's not
cost-effective to do municipal bond insurance. But because
we're borrowing for less than seven years, we're not going to
consider municipal bond insurance under any circumstances, so
the amount is not nearly as critical as it might be on a
long-term transaction.
COMMISSIONER OEHLER: Okay.
JUDGE TINLEY: Cost of issuance is not a material
factor in this particular type?
MR. HENDERSON: No, sir. There will be no rating
fees, no municipal bond insurance companies, there's going to
be no public offering documents, so the cost of issuance on
this transaction would probably be a good 30 percent,
35 percent lower than if we were doing a million and a half
dollar C.O.
COMMISSIONER WILLIAMS: We need a motion to
authorize that, correct, Judge?
~~ COMMISSIONER BALDWIN: Well --
COMMISSIONER LETZ: Today? Not --
JUDGE TINLEY: You know, I think just -- just for
informational purposes, the direction to move forward on the
basis that they're speaking of I think is adequate.
1-14-08
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
COMMISSIONER WILLIAMS: Okay.
MR. HENDERSON: I think the real point, again, as
Ms. Hargis pointed out, is the Court deciding exactly what it
is you're going to finance and how much money you need.
COMMISSIONER BALDWIN: And so how is that going to
come about? Are you going to come back in another meeting
and provide us with a proposed Christmas list of things --
like you mentioned Road and Bridge had a few things they
would like to throw in. So, at what point will we get that
list to start playing with it?
MS. HARGIS: Well, I'd like to get that together
and get it to you guys probably in the next week or so, so
that you can start reviewing that list, and then we'll put it
on the agenda for the next court. But I'd like for you to
have some time to look at it, to ask questions, and so we can
do research that you might require on those items before we
bring it back.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I -- just in general, I would
rather at this point, you know, get the list larger, and we
can take things off rather than, you know, trying to scramble
if you want to decide to do a little bit more or change
something. I'd rather have it as all-inclusive as we can
', come up with, and then we can draw a line through items we
'i
don't want to do.
1-14-08
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
JUDGE TINLEY: Well, and we probably want to
consider maybe a buffer in there, so that if there's an
inflationary factor in some of these projects.
COMMISSIONER LETZ: Right.
JUDGE TINLEY: If we got more money than we need,
we can always prepay -- prepay on the debt.
MR. HENDERSON: Yes, sir. Usually in a private
placement, we can negotiate terms that will allow you to
prepay any time. As opposed to --
JUDGE TINLEY: Okay.
MR. HENDERSON: -- 10-year call.
JUDGE TINLEY: Yeah, in a bonded indebtedness type
issue, or certificates of obligation.
MR. HENDERSON: Yes, sir.
COMMISSIONER LETZ: Is it going to be worthwhile to
have a meeting prior to our next meeting so we can kind of
talk about this, Judge? Or can we just have enough
information, be far enough along to do it all at one meeting?
JUDGE TINLEY: Well, I think the first -- the first
step is for Ms. Hargis to start compiling the items to be
included and the associated cost, so that we've got that to
look at. And we can do that individually, and then if it's
thought that maybe we need a workshop on capital
improvements, we can certainly have that before we make any
final decision on going forward.
1-14-08
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
COMMISSIONER LETZ: We could also do a special
meeting right after the meeting.
JUDGE TINLEY: Sure.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Anything else?
MR. HENDERSON: Can't think of it.
JUDGE TINLEY: Thank you. Appreciate you being
here, Mr. Henderson.
MR. HENDERSON: Good to see y'all again.
JUDGE TINLEY: We have a 10:30 item. Let's go
ahead and consider that now, to -- it's Item 19; consider,
discuss, and take appropriate action to approve a resolution
in support of Hill Country Shooting Sports Center,
Incorporated, and approval of the application by Hill Country
Shooting Sports Center for funding from the State of Texas
Enterprise Fund, and authorize the County Judge to sign the
same. I saw Mr. Burch here a little bit ago.
MR. BURGH: Morning, Judge, Commissioners.
JUDGE TINLEY: Mr. Burch with Hill Country Shooting
Sports Center.
MR. BURGH: Yes, sir.
JUDGE TINLEY: Good morning.
MR. BURGH: Good morning. And how are y'all today?
COMMISSIONER OEHLER: Good.
COMMISSIONER LETZ: Good.
1-14-08
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
25
MR. BURGH: Good.
JUDGE TINLEY: Mr. Burch is intending to make an
application for further improvements to the center out there,
and it's my understanding that the application to the
Enterprise Fund must be signed by a public official.
~, MR. BURGH: That's correct. Yes, sir.
JUDGE TINLEY: Okay.
MR. BURGH: Yes, sir. There's a one-page document
that needs to be signed, and the obvious choice is the
Commissioners Court, since it's out in the county. At the
appropriate time, we'll bring that in for the Commissioners
to see, and have the Judge sign it.
COMMISSIONER BALDWIN: Is this your -- is this --
Jack, is this your first time to apply for this particular --
MR. BURGH: Yes, it is.
COMMISSIONER BALDWIN: Okay. It wasn't -- I
thought we talked about this last year, but --
MR. BURGH: No, you approved the resolution in
support of us going in front of the Parks and Wildlife to go
after Pippin-Robinson Range Grant Funds, which we did, and we
received.
COMMISSIONER BALDWIN: Good.
COMMISSIONER WILLIAMS: How much are you seeking
1-14-08
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
COMMISSIONER BALDWIN: Wow.
MR. BURGH: That will complete the facility. I
might add a couple of interesting notes for you time-wise of
what's going to happen this year. The 8th through the 16th
of March will be the Olympic trials. We'll actually select
the Olympic team for shotgun out there. The first day that
we'll hand out medals will be on the 13th. We'd love to have
all of y'all come and watch that. It's going to be
interesting. The field is really wide-open right now for all
of the different disciplines. So, love to have y'all come
out and see it.
COMMISSIONER BALDWIN: Exciting stuff.
MR. BURGH: It really is.
COMMISSIONER BALDWIN: So, we're approving this
document here today?
JUDGE TINLEY: Jack has furnished us with a
resolution which incorporates -- he and I talked about,
rather than just a bare-bones approval, possibly also having
a resolution which shows that the Court is solidly behind
that facility. And in that regard, when I mentioned in my
opening comments about the funding that we got for the design
and engineering phase of the agriculture research facility, I
noted in Congressman Smith's press release, it specifically
recited that this Court passed a resolution requesting and
supporting that funding. So, that gives some degree of
1-14-08
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
credence that -- that the level of support that we're able to
offer may be perceived as helpful over there.
COMMISSIONER LETZ: And you'll come back with the
I actual --
MR. BURGH: We'll come back with the actual
I document.
COMMISSIONER LETZ: Move approval of the resolution
in support.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the resolution.
COMMISSIONER BALDWIN: And the Judge -- oh, you're
going to bring the -- the application back at a separate
time? Totally separate issue?
MR. BURGH: Yes.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Any question or discussion on the
I motion?
COMMISSIONER BALDWIN: Judge, the thing with Lamar
there, if somebody was to point out that those were earmarks,
the dreadful earmarks, then he could blame the Commissioners
Court for it. That's how that works.
JUDGE TINLEY: Well, I'll give you -- I'll give you
Congressman Smith's response. Earmarks are things that are
done in the dark of night, in the middle of the night. Good
1-14-08
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
~~
projects, such as the one that he supported here, he's-proud
to publicly stand up and say --
COMMISSIONER BALDWIN: Absolutely.
JUDGE TINLEY: -- "I'm in favor of it" before they
get considered.
COMMISSIONER BALDWIN: Call them whatever you want
i to call them.
JUDGE TINLEY: Any other questions or comments?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Thank you,
Mr. Burch. Why don't we take about a 15-minute mid-morning
recess, and we'll get back on the agenda.
(Recess taken from 10:40 a.m. to 10:55 a.m.)
JUDGE TINLEY: Let's come back to order, if we
might. We have a 10:45 timed item, Item 23; consider,
discuss, and take appropriate objection reducing registration
fee to $1 during the Kerr County Rabies Drive. This is our
animal registration. Ms. Roman?
COMMISSIONER OEHLER: Janie's not able to be here
this morning; she's had a little bit of a health problem, and
1-14-08
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
so I'm going to take this and run with it. This is an annual
thing that we do to try to encourage people to vaccinate
their animals, as well as register them. She assures me that
they have all the flyers ready to go out and to be
distributed by her office all over town, as well as she is
thing. It's where the annual county registration fee will be
reduced from February 4th through the 16th, and make that fee
a dollar to register your animals, and I believe the total
cost is $7 for the vaccination, which is a deal compared to
what you have to pay if you go to the vet. And the flyers
will be out around town, and if the newspapers will publish
these things, maybe we can get some people interested in
doing it. I move that we approve the agenda item to reduce
the registration rate to $1 fee for Kerr County.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
agenda -- 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. Let's go to
1-14-08
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
Item 11; consider, discuss, and take appropriate action to
approve amending the amended order pertaining to the filing
of certain cases of concurrent jurisdiction between the 198th
and 216th District Courts and the County Court at Law of Kerr
County, and authorize County Judge to sign same.
Ms. Uecker --
MS. UECKER: No, Item 9.
JUDGE TINLEY: We just called Item 11.
MS. UECKER: Okay.
JUDGE TINLEY: That's not Item 9; that's Item 11,
okay?
MS. UECKER: Thank you.
JUDGE TINLEY: I put this on the agenda at the
request of Ms. Uecker, who has had contact with the judges
and the clerks of the courts involved. In essence, all of
the civil cases in Kerr County that are under the
jurisdiction of the County Court at Law and the District
Courts would be filed in her office. That's something that
all the judges and her office and the County Clerk have
agreed to, and she's brought it to this Court for approval.
COMMISSIONER BALDWIN: Brought what? It looks like
to me that this is an order of some sort. What do we do,
then?
JUDGE TINLEY: We just approve it.
COMMISSIONER BALDWIN: I'll move we approve what
1-14-08
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
I'm ordered to do.
COMMISSIONER OEHLER: Second.
COMMISSIONER BALDWIN: Is that kind of it?
JUDGE TINLEY: That's good enough.
COMMISSIONER BALDWIN: All right.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Under Item 11.
COMMISSIONER BALDWIN: Yeah, under Item 11.
JUDGE TINLEY: Not item 9.
COMMISSIONER BALDWIN: Not taking any orders on 9.
JUDGE TINLEY: We have a motion and a second.
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. Now we'll
go to Item 9, and that being to consider, discuss, and take
appropriate action regarding Court Compliance Department
collecting fees and fines for the 198th District Court.
Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. Thank you. I had
just been hearing rumors around that -- that the County was
going to start collecting the fees for 198th District Court
again, and I kind of vaguely remember in the back of my mind
1-14-08
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
81
collecting for it, though; I know -- I understand that much.
And then I started -- recently started hearing that -- that
they're bringing back the 198th collection for us. And --
and we're in that process of hiring another person in the
Collections Department -- or the Court Compliance Department,
and what triggered my thinking was, we're doing pretty good
in there right now with this one guy, and if we start taking
on other offices, collecting for other courts, then there's a
possibility, gosh, we really are going to need to hire
somebody to help with that process. You know, in other
words, it's an impact to the taxpayers, or a possible impact
to the taxpayers of Kerr County. So, I was thinking if
that's the case, then this Commissioners Court needs to be,
at the very least, notified and explained to of what's going
on with it. Personally, I -- if it -- I think that if it
impacts the taxpayers of Kerr County, we need to approve it,
but I may not get any help in that arena, and that's fine.
But at least we need to be formally notified that these
people are floating in and out of our -- our system. So, I
guess I'm being a little bit nosey about all this stuff.
MS. DECKER: Would you like for me to explain?
COMMISSIONER BALDWIN: I'm going to ask you to do
that in just a moment.
1-19-08
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. UECKER: Okay.
COMMISSIONER BALDWIN: And, so, in my nosing
around, I go down to the Court Compliance Department, and he
tells me that he had been asked by the District Clerk's
Office to set up again for the 198th court system. So,
~ Mrs. Uecker, would you explain --
MS. UECKER: Yes.
COMMISSIONER BALDWIN: -- to me, please? I'm sure
all these other guys are up on it and understand it clearly,
but I do not.
MS. UECKER: Well, first of all, having the
Collections or Compliance Department not collect -- or
enforce compliance is like asking the plumber not to fix the
leak. I mean, this is the Compliance Department. Back when
the 198th Probation Department was established, which hasn't
been that long ago, they said that they were going to do
their own collections. That was against statutes at the
time, but I didn't -- I thought, okay, let's see how this is
going to work. As it went on, problems occurred. Situations
came up that I don't want to go into. So, I finally said,
okay, this is the time to insist on the enforcement of the
statutes under Code of Criminal Procedure 103.003, which says
that a community supervision, which is probation, can only
collect fees with the written approval of the District Clerk
or the clerk of the court or the fee officer, which I had not
1-14-08
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
given written approval, so I felt like it was time that we
As far as me directing Compliance to do that, no,
of the case. It just kind of happened that way,
because it was the -- when I talked to the judge of that
court, I said the only thing that's going to change is the
place of payment. And the reason for that, Commissioner, is
because the 198th was collecting fees -- let's just have an
example. In November, they were depositing it into a Kerr
County bank, writing a check that went to Brady, where they
deposited it into a different bank, where they wrote a check
to the District Clerk after they separated all their fees
out, sent to it me in the mail, and I got it in the mail the
next month. So, it ended up going on our report for the end
of December, which actually went in, reported to the
Comptroller in January. What happened there, the big -- the
biggest reason I said, "Okay, this is going to stop now," is
because we're being penalized by the Comptroller's office for
not reporting fees timely. All the statutes on those fees
say that you have to report those fees by the 15th day after
the month that it was collected. Well, we were a month
behind, so we were -- the County's being penalized all of
these fees. So that's -- that's the main reason that all of
that took place.
Back when our Compliance Department was
1-14-08
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
established, the felonies -- of course, it's a lot harder to
person that originally set up the Compliance Department, they
actually brought compliance collections on felony cases up to
about 70 percent. In the last five years, that's dropped
back down to, like, 20-something, I think, so I think we need
to establish something to bring that back up. We're talking
about over $2 million left laying on the table. So, that's
one of the reasons why I think we need to go back to having
our Compliance Department do some real serious attempts to
collect on these felony cases.
First of all, and I think y'all -- everybody knows
this, that the Collections Department-slash-Compliance
Department does not collect any money. They collect no
money. So, all they're going to do is, just like they've
been doing in the past -- except, again, for the 198th -- is
send out the letters and try to get them to come in and pay.
"You need to go to the District Clerk's Office, pay your fine
and court costs." Or work with Parole, that after they're
paroled from T.D.C.J., they have to come in and set up a
payment agreement with Compliance agreeing to come to the
District Clerk's Office and pay that money. The only
difference is -- is the place of payment.
1-14-08
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
Now, at the time I decided to do this, I did not
realize that -- well, let me see, what gentle way to say
this? The 198th said, you know, "We don't want to use Kerr
County's Compliance Department." And I said, "Okay, fine.
The only thing we want you to do is tell those probationers
or the felons to come pay their costs and fines to the
District Clerk's Office." Well, as it happened, those people
that started doing that, when they came in January the 1st,
they didn't know what they were supposed to be paying. They
didn't know what their agreement said that they had signed
with the Probation Department. They didn't understand. They
were happy that we were now doing this. So, we had no other
choice but to send them down to our Compliance Department to
set up a payment agreement that they actually understood and
could work with.
COMMISSIONER LETZ: Why didn't they want to use the
Compliance Department?
MS. UECKER: I don't know.
COMMISSIONER LETZ: Or don't want to say.
MS. UECKER: No, I really don't know. No, I don't
understand that.
COMMISSIONER BALDWIN: Who are "they"? That's one
of the things that I'm looking for.
MS. UECKER: Well,."they" is the 198th District
Court. Their Probation Department, their Judge, their --
1-14-08
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
COMMISSIONER BALDWIN: Okay.
MS. DECKER: Which, you know, we've got that all
worked out now.
COMMISSIONER BALDWIN: You need to understand, one
thing I found out is they're -- you know, like, the 216th
Probation Department is here. You have -- you know, we rent
that building over there and their nice setup and all that
stuff. The 198th is in a totally different town.
MS. DECKER: In Brady.
COMMISSIONER BALDWIN: Brady, Texas.
MS. DECKER: Yeah. Now, see, the 216th, they've
been sending all their probationers and parolees and
everything over to the clerk's -- to my office, and they
faithfully pay their fines and costs there. See, what's
happened is, the 198th Probation Department, for some
reason -- for the same reason, I'm sure -- did not want to
use Odyssey, although the clerk is the official record of the
fines and costs due. Now, if they were actively on
Odyssey -- I understand that they may be going to try to
start using it now, but they would have been able to look at
our court -- the court costs bills and see exactly what was
due and owing, and where -- when the payments were made. But
it ended up that there were some discrepancies in their
record with ours, so it was just a big mess all the way
around.
1-14-08
87
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: "They" being the folks over
in Brady?
MS. UECKER: Yeah.
COMMISSIONER BALDWIN: Okay. And they're -- they
are hooked up to Odyssey now?
MS. UECKER: Now, I don't -- yeah, they have the
capability. Whether or not they're using it now or not, I
don't know.
MR. TROLINGER: The 198th Probation's Kerrville
office just switched service providers and is just now
getting capability to go onto Odyssey as of this week.
MS. UECKER: And I think that maybe that's a good
thing that came out of all of this, in addition to the fact
that we're not going to have to pay the penalties to the
I
Comptroller any longer.
COMMISSIONER LETZ: Who -- why does the 198th want
to do everything different? Who's the person in charge of
that? I think that maybe that needs to -- Linda, you think
is it the Judge?
MS. UECKER: Are you trying to get me killed?
(Laughter.)
COMMISSIONER LETZ: Is it the Judge or District
Attorney?
MS. UECKER: I think it's a combination of both,
yeah. I mean, I don't know. Judge Prohl and I have
1-14-08
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
COMMISSIONER BALDWIN: That's the reason for this
agenda item, is to find out who really and truly is driving
the thing. Now, I see Linda in the background doing her job,
by law. And -- but I know that it's really driven some --
possibly some -- from somewhere else. And I want to know. I
just want to know that. I want to know who makes a decision
to impact the taxpayers of Kerr County by coming into our --
our Collections Department and moving right out next week,
and then here we come again with the possibility we may be
having to hire employees.
COMMISSIONER OEHLER: Mm-hmm. Well, and probably
that's my fault. Maybe I should have said back when they
started doing this, "No, this is not..." -- you know, and
then it would have never gone out. But just trying to see
how it would work. Now, I didn't -- I didn't say anything,
but when I saw issues come up that I felt like it was in the
best interests of the County and the taxpayers to pull it
back in to where it needed to be, that's when I made the
move. Now, of course, 216th Probation, they're -- you know,
they're tickled to death. They don't have to worry about
taking the money and depositing it and bringing it to us.
And then, when it comes to us, we have to do an audit,
because their check was in one check. I mean, it was
thousands of dollars.
1-19-08
89
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. Yeah.
MS. UECKER: And some of those payments were $15.
COMMISSIONER BALDWIN: Yeah.
MS. UECKER: Plus there was a $2 administration
fee, so you had to calculate and audit all of that, and many
times it didn't -- it didn't calculate or come out properly.
COMMISSIONER WILLIAMS: Are you going to run into
that same problem with 198th?
MS. UECKER: That was the 198th.
COMMISSIONER WILLIAMS: Okay. Do you see any
budgetary impact to the department?
MS. UECKER: To my department?
COMMISSIONER WILLIAMS: No, to the Court
Collections Department.
MS. UECKER: Well, they were doing it before, so --
when there was two folks -- or one or two in there. They
were doing it before.
COMMISSIONER WILLIAMS: Okay.
MS. UECKER: And they had the collection rate up to
70 percent. It's now back down to 20-something, and that's
money that the County's leaving laying on the table.
COMMISSIONER LETZ: Is that combined, 198th and
216th, or is this just 216th, that 70 to 20?
MS. UECKER: That's all felonies. All.
COMMISSIONER LETZ: So, combined, both courts.
1-14-08
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
MS. UECKER: Yeah.
COMMISSIONER LETZ: So, can we break out as to what
the collections rate is between the two courts?
MS. UECKER: I'm sorry, what?
COMMISSIONER LETZ: The collection rate --
MS. UECKER: No.
COMMISSIONER LETZ: -- between the two.
MS. UECKER: I don't know that. Will may know it.
I don't know. But as far as the impact on the -- on our
offices, the head of the 198th Probation called me, and he
said, "Well, you know, that would be a lot less work on me,
but have you got the staff to do all of that?" And I said,
"Who the heck do you think was doing it before your
department was even established?" "Oh, okay." So, it's just
collecting money, doing my job.
COMMISSIONER BALDWIN: Well, thank you very much.
MS. UECKER: Does that help?
COMMISSIONER BALDWIN: Yeah. Do you want to add
anything or take anything away?
MR. BROWN: I do know they did send a list over,
Judge, that there was -- there's only, like, 280 people.
COMMISSIONER BALDWIN: Who are "they"? They sent
it over.
MR. BROWN: 198th --
COMMISSIONER BALDWIN: Okay.
1-14-08
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
MR. BROWN: -- Department did send a list over.
COMMISSIONER BALDWIN: From Brady?
MR. BROWN: From Brady, that shows how many people
they have on current probation. Now, that's not counting
the -- so -- and just looking at the money out there, it is
close to probably half a million, so there's a lot of money
out there to collect.
COMMISSIONER BALDWIN: Well, let's collect it.
JUDGE TINLEY: Thank you. Anything else,
Commissioner?
COMMISSIONER BALDWIN: No, that's fine. Thank you
very much.
JUDGE TINLEY: Anybody else have anything to offer
on that agenda item?
COMMISSIONER LETZ: I'm not sure we progressed any,
but...
COMMISSIONER BALDWIN: Well, no, I was looking
for --
COMMISSIONER LETZ: Information.
COMMISSIONER BALDWIN: -- who really and truly
drives the boat. She said Karl Prohl does. That's what I
was looking for.
MS. UECKER: I did not say that. Now, you take
that back.
25 ~ JUDGE TINLEY: I heard her say that.
1-14-08
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
92
COMMISSIONER BALDWIN: I heard her say it.
JUDGE TINLEY: Okay, let's move to Item 6; Master
Gardener presentation. Are you through?
MR. WALSTON: Thank you, Judge and Commissioners.
Randy Simmons, Hill Country Master Gardener president, and I,
on behalf of the Hill Country Master Gardeners, would like to
make this presentation illustrating the economic impact the
Master Gardeners had on Kerr County in 2007. As you may be
aware, our Master Gardener program is made up of members of
horticulture and enthusiasm -- and are enthusiastic about
willing to learn and serve the people of Kerr County. The
Hill Country Master Gardeners hosted the Texas Master
Gardeners Association annual meeting in April 2007, and
generated $229,868 to the community of Kerrville, with over
600 participants coming in and sharing rooms and spending
nights, and meals and -- and expenses here to Kerrville.
Of course, volunteerism is a key component to our
active volunteer Master Gardeners here in Kerr County. This
past year, they generated 5,937 volunteer hours in the areas
of volunteer service through educational programs, various
educational programs around the county, also in Market Days
and answering phone calls and e-mails to the people here in
Kerr County. And I will comment, our web site that we have
1-14-08
93
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
going through A & M, we currently had in December 1,288 hits.
Our -- our December -- our county web site that goes through
the county web page may not be that high, but the A & M
server that we actually use is fairly accurate.
JUDGE TINLEY: Are you suggesting that maybe we
ought to put all of our contacts through the A & M system
here in Kerr County?
MR. WALSTON: Well, I'm just saying where our
contacts are going through.
JUDGE TINLEY: All right.
MR. ODOM: Is that a motion? I second.
JUDGE TINLEY: I was going to say that Leonard
', would probably be in support of that.
MR. WALSTON: I don't know -- I'm not sure I
understand, you know, as far as why, if they come through the
county web site, why they don't show up on ours, but -- which
I'm sure they do. But --
COMMISSIONER WILLIAMS: Ask Mr. Trolinger. He'll
tell you.
MR. WALSTON: Yeah. But the 5,937 hours that were
donated as far as volunteer service generates a total value
of $80,505 to the community after -- after tax value. This
gives a total contribution economic impact to Kerr County of
$310,374.72, and this illustrates a lot of time and effort
for volunteers, and -- and really at a minimal cost to Kerr
1-14-08
94
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. Without having a horticulture agent, this -- this
group basically fills in where a horticulture agent would --
MR. SIMMONS: I wanted -- when Roy volunteered that
we do the state convention, he said, "We got two goals. One
is, I want it to be the best convention the state's ever
had." And we did a -- after polling, we found out that it
was far better than any state convention they'd ever had, so
Roy gets a lot of kudos for that. Secondly, he said, "We
can't -- we've got to break even. We can't finance this; the
County won't let us." So, we went through our people and
said: How do we do this?" Well, you'd be surprised the
skills that these retired folks bring with them. Tremendous
skills, computer skills for accounting and registration and
computer graphics. What all the other state conventions had
done in the past was went out, hired people to come in and do
that for them. We did that all internally. We didn't do any
outsourcing except for one, and that was to the Texas
Extension Education Association, where they helped us with
our gift bags, and so we gave them -- put some money in the
local organization doing that.
So, when the final accounting came down, we had
$50,000 in excess of what -- what our expenses were. So, no
1-14-08
95
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
other organization in the state had done that, so they're
going to be looking back to us to say, "How did you do that?"
Well, we were fortunate; we had very good local people to
pull from. What did we do with that $50,000? We bought a
C.D., and we're going to take the 5 percent that C.D. money
gives us, and we've got a scholarship now for people to apply
to use in the horticulture area for local -- applicants from
the local county. So, the people that are in our class that
starts tomorrow, we've got a graphic artist, an executive
director of a nonprofit organization, elementary principal,
feed lot manager, registered nurse, office manager, a curator
from the Dallas Zoo, and a lady who was a mayor for eight
years in a Colorado community. So, you're drawing a lot of
talent to this community, and this is one place they're able
to use it to the advantage of the local people.
COMMISSIONER BALDWIN: Fantastic.
COMMISSIONER WILLIAMS: Very good.
JUDGE TINLEY: Thank you.
MR. WALSTON: We do want to thank the Commissioners
for their support for Extension and all our programs, as well
as to the Master Gardeners.
COMMISSIONER LETZ: One comment. Y'all didn't
mention that there was a Master Gardeners group that did the
landscaping at the new airport terminal, and we appreciate
y'all's help.
1-14-08
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
96
MR. SIMMONS: Thank you.
MR. WALSTON: Thank you.
COMMISSIONER LETZ: They did a good job at no cost.
Volunteers spent a lot of time out there working with
primarily City staff, Bruce McKenzie, and getting all that
job done, and it looks real nice.
MR. WALSTON: We've got a lot of expertise that we
like to pull from.
JUDGE TINLEY: Thank you. We appreciate your work.
COMMISSIONER OEHLER: Your services may be needed
again for the courthouse area.
JUDGE TINLEY: Yeah.
MR. WALSTON: We're working on that.
COMMISSIONER OEHLER: Courthouse grounds.
MR. WALSTON: We're working on it.
JUDGE TINLEY: Let's move to Item 8, if we might.
Consider, discuss, and take appropriate action on the Road
and Bridge Department emergency response, and make changes as
necessary. Commissioner Baldwin.
COMMISSIONER BALDWIN: Thank you, Judge. I had
recently had a phone call that one of the Road and Bridge
employees was using a Road and Bridge vehicle to go to work
and back home, and so I started looking into this and
researching it, and the only -- the only actual policy that I
could find was the court order that I have in your backup.
1-14-08
97
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 may be something a little more -- we couldn't find it.
But that policy basically says -- it's a policy for Road and
Bridge Department emergency response, and that is -- let's
see, in time of a flood or any other emergency like that,
that what employees of the Road and Bridge Department are
called out to handle -- let's use a flood as an example. In
the policy, Mr. Franklin Johnston -- he was the County
Engineer at that time -- decided that he wanted the foreman
from the east, west, north, and south -- that would be four
foremen -- a sign person, and the Road Administrator to be
able to take public vehicles -- public-owned vehicles home
with them so that it would be more of a rapid response.
Well, the phone call that I received last week or
employees did not fit this criteria. And -- or this list of
folks that are assigned the County vehicles to take home.
And I wanted to bring that to light. And Mr. Odom and I had
a -- somewhat of a heated conversation over the phone last
week about this -- or I was heated; he seemed to keep his
cool. Because this particular person, he says, fits as the
sign person on this list. And I can't make that work, in my
mind. I know -- I know that she bills signs, and has for a
number of years, but I think that's a total stretch. So,
what I'm going to do in the final analysis here is probably
make a motion to remove the sign person from -- from this
1-14-OS
98
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
___
list. You want to bring something new?
MR. ODOM: Yes, sir, I would like to bring
something to this conversation.
COMMISSIONER BALDWIN: New?
MR. ODOM: In 19 -- what Buster had talked to you
about is this 1999 authorization, and at that time, then
Frank was asked to write a vehicle policy, which we have.
Out of that, there was five things that were listed that
Frank had, and which we explained to the supervisors what
they were to do and how the policy would work, and to be
appropriate in the use. Number one said each Grade 20 --
each Grade 20 foreman, the sign person, and the Road
Administrator will take an assigned county vehicle home in
the evenings and on weekends. During severe weather, these
men will use the assigned truck to go out in the problem
areas. While in the truck, he has radio contact with the
following: The Sheriff's Department, the 5.0. The central
fire station makes severe weather announcements on our radio
frequency. They have contact with each other, our office,
and Animal Control.
Now, the 20 grade, Ms. Hardin is a 20 or greater,
so it fits into that. And at the time we wrote this -- this
has even been modified now. Instead of north, south, east
and west, Precinct 4 is half the county, and I divided that
up. I used to have a swing crew, and I divided that up to
1-14-08
99
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 two service areas in 4. We think it's working. We've
made progress. Commissioner Oehler was here before, and
still; he can state his opinion whether we have been
successful in that or not. But we felt like dividing that
up, we could get better service and better roads out of it,
and that's what we did there, so I have five now.
And the sign person that we had -- and this is what
I talked to Buster about; it's not that I'm trying to make it
up, is that we had one person -- when I first came here, we
had one man that the Court assigned to that. That was the
reason the Court did that. That individual retired. I took
another person that was doing it before that individual, that
knew the county pretty well. Four was a problem with people,
because they didn't know it. That individual had it for a
while, and then he retired. And what I did, when I took
this -- and Truby has a list now that will tell you who the
call is for the 5.0. What we did was take this and start to
stockpile barricades. Before, they could go to the office or
to Center Point and pick up barricades. Well, we placed them
in areas that we knew were bad, so when the supervisor gets a
call out -- and an emergency is totally different. It's --
there can be a rise of 3 inches on Brinks Crossing and be
called out, or there could be an initial flood. Depending --
since -- '91, since I've been here, '91, '92 flood, I think
'95, '98, 2001, 2002, so that's when we manned the office.
1-14-08
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
100
So, I'm not making that up. Basically, what we did was take
one individual that works for Truby, totally under Truby, as
well as Michael Jackson, who does patching, and she does the
signs. She has a sign budget. Now, do I expect Truby to go
out? No. That individual that does the signs is not
necessarily called out during the weekend, and doesn't have
what I believe is the qualities that -- I want someone to be
able to read the M.U.T.C.D. and to be able to set it properly
by the code. Truby has that knowledge. I have that
knowledge. Everyone's got a basic knowledge of them, 'cause
we send them to schools. So, we feel that signs is in.
There's reports there, but he does not get a vehicle to go
home. So, whatever the Court wishes to do, that's fine with
me. Just tell us what the policy is. You can certainly set
the policy. Just tell us from there, and then we'll go from
there. We'll --
COMMISSIONER BALDWIN: I apologize, Leonard. I
didn't realize that this particular vehicle policy had been
amended. I could not find that anywhere.
MR. ODOM: Well, I'm sorry, I don't know if it was
posted or not. This --
COMMISSIONER WILLIAMS: We don't have what you're
looking at.
MR. ODOM: Well, I'm sorry. This is what we had in
our files here. This is what the Court asked Frank to do,
1-14-08
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
101
and that's what we did, and so I didn't differentiate a 20
from any -- because it -- you notice what it said, "men."
Men. Well, this is an opposite gender. And I can't see to
distinguish male or female one way or another. She's a 20,
and she meets that criteria, and she has signs. So --
COMMISSIONER WILLIAMS: Well, I'm having a little
trouble getting my mind wrapped around an individual,
regardless of grade, that makes a sign in-house, as opposed
to an individual who responds to an emergency and places a
sign at the point of emergency. Will you help me understand
that?
MR. ODOM: Well, I don't know -- I thought I
explained that. I'm not asking her to go out to do that. If
you're asking me if she's the sign person, that's in her job
description. If you're asking me if she's a Grade 20, then
this policy was set up that all 20's have that
responsibility -- I mean, can do that.
COMMISSIONER LETZ: What's the date of that policy
that we adopted?
MR. ODOM: I don't -- I don't see it printed up
here. It's after '99 whenever the Court directed Frank to do
this.
MS. HARDIN: It was written in '02, but I don't
think it was ever filed with the clerk. Do you want these?
MR. ODOM: Yes, let them look at that.
1-14-08
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. HARDIN: This is just a list.
COMMISSIONER LETZ: Leonard, one action by the
clerk -- one action by the Court which says the '99 one is in
effect.
COMMISSIONER BALDWIN: This is the only thing
that's in the computer system by court order.
COMMISSIONER LETZ: I think --
COMMISSIONER OEHLER: Where'd she go?
MS. HARDIN: She went to make copies.
MR. ODOM: She went to make copies.
COMMISSIONER LETZ: Looks to me like we need to
look at our policy.
MR. ODOM: Sure. Road and Bridge doesn't have a
problem with it. We just tried to follow what Frank put up
years back when the Court asked him to do this. And we put
the policy into play, and that's the way I've been running
it.
COMMISSIONER BALDWIN: See, I beg to differ with
you, because we have the policy in our packets, the court
order policy. That doesn't even use the words "20 grade."
Any grade. It doesn't even talk about that.
MR. ODOM: I understand. I saw your '99.
COMMISSIONER BALDWIN: Okay. That --
COMMISSIONER LETZ: That's the policy, because the
Court has never changed that policy. That is the court
1-14-08
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
order.
MR. ODOM: All right. Then you need to -- I mean,
am I going to cut off one of these crews and do four?
COMMISSIONER LETZ: No, you need to come to the
Court with a new policy.
MR. ODOM: What is the directive of the Court?
That's what I'm asking.
JUDGE TINLEY: Mr. Odom, if I'm understanding you
correctly, for emergency response, there's been one
significant change since the '99 policy, and that is we've
got a north, a south, and an east, but then we've got two in
the west, not just one in the west, because you divided that
larger territory up into two --
MR. ODOM: That's right.
JUDGE TINLEY: -- separate territories. So, you've
got essentially two foremen out there.
MR. ODOM: I've got five crews now instead of four,
as originally done.
JUDGE TINLEY: Yeah. And that means you've got
five foremen that you want to be able to call upon
immediately to hit the road without having to report in to
the office to draw a vehicle?
MR. ODOM: That's it exactly, the reason this was
done in '99.
JUDGE TINLEY: And so you've got five foremen, and
1-14-08
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
if for no other reason, we need to take a look at it there.
MR. ODOM: And --
JUDGE TINLEY: It's obvious to me what we need to
do is get a new policy in place, if for no other reason, to
address that.
MR. ODOM: To address that.
COMMISSIONER LETZ: It sounds like you've also done
job -- some job description changes since '99.
MR. ODOM: That's right.
COMMISSIONER LETZ: That needs to be incorporated
into that policy.
MR. ODOM: Okay.
COMMISSIONER LETZ: In case we have an ice storm in
the next two weeks, till you get a new policy written.
MR. ODOM: Could be this week.
COMMISSIONER LETZ: We could make a motion today to
allow all five foremen to use their vehicles.
COMMISSIONER BALDWIN: See, have I zero heartburn
about that at all.
JUDGE TINLEY: That's the way it should be.
COMMISSIONER BALDWIN: That is fantastic. I love
that. But to have the -- what's Truby's title?
MR. ODOM: Administrative assistant.
COMMISSIONER BALDWIN: To have the admin. assistant
to have a County-owned vehicle to go home and come to work
1-14-08
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
with is totally out of the question, in my opinion. It does
nothing other than provide her with a vehicle. Maybe we
should provide the Commissioners Court administrative
assistant with a vehicle. It's the same thing to me.
COMMISSIONER WILLIAMS: Slippery slope.
COMMISSIONER BALDWIN: If you were -- I can see the
', sign guy that installs the signs, I can see where maybe he
might be a person that would have a vehicle to help install
signs that say do not drive off into this tree.
COMMISSIONER LETZ: Leonard says he's changed his
way of doing it. Those signs are now placed out --
MR. ODOM: Placed out there.
COMMISSIONER BALDWIN: I understand.
MR. ODOM: And let me say --
COMMISSIONER BALDWIN: But if you're going to have
a sign person doing any of these things, using a county
vehicle, they could go out there and help them do that stuff.
I don't see it any other way, though.
COMMISSIONER LETZ: I'll make a motion that until
Road and Bridge comes forward with a new policy, all five
foremen and the Road Administrator have authority to take
vehicles home.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: Only?
COMMISSIONER LETZ: Only.
1-14-08
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
JUDGE TINLEY: We have a motion and a second as
indicated. Question or discussion on the motion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER LETZ: Leonard, we probably ought to
bring -- or if you want to bring a policy forward. If you
want to bring a policy back --
MR. ODOM: We'll bring it to the Court for an
agenda item.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay. Let's move to Item 13;
consider, discuss, take appropriate action for final revision
of plat of 707 Ranch, as set forth in Volume 7, page 347,
Plat Records.
MR. ODOM: Okay. And for the record, that should
be -- Lot 1 is a typo -- error.
JUDGE TINLEY: The public hearing that we had was
as to the plat.
MR. ODOM: As to the plat, that's right.
JUDGE TINLEY: That's the reason I called the
agenda item that way.
MR. ODOM: Thank you.
1-19-08
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: To conform with the public hearing.
MR. ODOM: The original plat of 707 Ranch is
16.07 acres with two lots. The owner of Lot 1 is dividing
his 9-acre tract, making a three-lot subdivision. The
average lot size is over 5 acres, and each lot is over
3 acres and served by Aqua Texas Water System. We ask that
you approve this plat. And I believe that the owner of Lot 2
is buying this 1B.
MR. CARSWELL: Yes.
MR. ODOM: That's correct. So, it's going to only
be two people.
COMMISSIONER OEHLER: I move for approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We will
move to Item 15; consider, discuss, and take appropriate
action for the acceptance of Vista Hills Drive to Kerr County
road maintenance located in Precinct 1. Mr. Odom?
MR. ODOM: Yes, sir. Just a second. Vista Hills
Drive was a County-maintained road from 1988 to 1999, when
1-14-08
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
the homeowners requested it be abandoned. It was abandoned
by Court Order Number 25891, and the road was gated. In
September 2006, the homeowners of Vista Hills asked that Kerr
County return their road to county maintenance. They were
assured by the Court that if they did the necessary repairs
and resurfaced the road, it would be accepted. I've met with
them and their contractor several times, and the repairs and
resurfacing of the road is completed. Therefore, at this
time, they ask that you accept Vista Hills Drive for county
maintenance.
COMMISSIONER BALDWIN: Is that your recommendation?
MR. ODOM: That is my recommendation.
COMMISSIONER BALDWIN: Upon the recommendation of
the Road and Bridge Administrator, I move for approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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: The motion does carry. We'll move
to Item 16; consider, discuss, and take appropriate action
for a variance to the rate of grade for Calle Poco Road in
Vistas Grande Subdivision located in Precinct 2.
1-14-08
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
MR. ODOM: Yes, sir. The developers of Vistas
Grande Subdivision received approval of a preliminary plat on
October 8th, 2007, with a variance to building setback on the
lot adjacent to Calle Poco, the short street road. It was
discussed at that time that the City would be imposing their
rules and inspecting the road. The City of Kerrville rules
says 10 to 15 percent grades are acceptable. Ours are no
more than I2 percent. Enclosed in your packet, you will find
a letter from the City Fire Marshal that states they approve,
but note, "the fire apparatus that our department has makes
it difficult to travel on the roadways when grades are more
than 10 percent. Please make note of this on future
projects."
I I had Wayne wells review the plans, and he states
that if the engineer from the City of Kerrville approves this
grade, he would be inclined to require the road be paved with
trap rock or -- or possibly a no-skid asphalt, which is
available. He also points out that this steep grade could
present a major problem with traction. And it would -- I
assure you, it would be slipping and sliding. As more work
is done in the ETJ, we will find differences in the two
entities' rules, and my belief is that the most stringent
should apply. Since this road is to be County-maintained,
I'm hesitant to accept a I5 percent grade on this 500-foot
road, and I would ask the developer's engineer, Kevin
1-14-08
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
Spraggin -- which I believe is here -- if there is an
engineering reason why the subdivision could not be designed
to have a road that meets our Kerr County specifications to
12 percent.
COMMISSIONER BALDWIN: Good for you.
COMMISSIONER LETZ: To start with, just one
comment. I clearly -- and I believe I'm accurate on this. I
have to go back to my notes, but the City rules in the ETJ is
12 percent. They are supposed to meet our rules, so they
don't follow our rules, evidently.
MR. ODOM: Apparently -- I talked to Mike Wellborn.
I asked Gordon Browning, and he had not seen this. I had not
seen the plans, so I asked for it. And I asked Gordon; he
said, "I haven't seen it." I said, "Well, it's been to your
P & Z," and I said, "You haven't seen it?" He said no. And
I said, "What about Wellborn?" So I called Wellborn. He
said, "Wellborn's sick." Wellborn was out. Wellborn came
back in, and I talked to him Monday morning before we went
ahead with this, and he said that he did look at it, and that
their rules says 10 to 15. I asked him if he would maintain
it. He said no. I said, "Well, then, maybe you're a private
road. I've got to maintain it." I do not -- that's very
steep in such a short distance. Can it be done? Yeah. But
I -- I asked Mr. Spraggin to come to the Court to put this
on, because I didn't want this road completed, and then come
1-19-08
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
up here for y'all's acceptance. I think it's better to be
right straight up front, and put it to the Court.
COMMISSIONER WILLIAMS: Notwithstanding any
a couple aspects of it, just as you are, Mr. Odom. This
states the grade shall not exceed 10 percent. I'm very
curious as to why the fire marshal would say that, "the fire
apparatus that our department has makes it difficult to
travel on roadways when grades are more than 10 percent.
Please make note of this on future projects." Well, if
we're -- we're going to make note of it on future projects,
why don't we make note of it on this project?
MR. ODOM: My assumption would be, Commissioner, is
think it is a volunteer fire department. They might do
backup. That would be my first logical guess on this, since
I have to maintain it. That is something that Mr. Wellborn
said that they have in their rules, and that they needed to
change it. That's what he told me, that he would work
through that process to do that. I told him that in law --
I'm not a lawyer, but in law, that the stricter prevails, and
ours was 12 percent. And, you know, I didn't have any time
to really review this, 'cause I kept wanting this to see what
the grade was. But once we saw it, then I have a concern.
But Mr. --
1-14-08
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 LETZ: I guess my biggest issue is not
to accept it for county maintenance, period, not at that
grade. The grade has to be within our rules. Or, you
know --
MR. ODOM: Can it be a private road?
COMMISSIONER BALDWIN: I want to go back to
something that Commissioner Letz mentioned a few minutes ago
about the County's rule, the 12 percent.
COMMISSIONER LETZ: Correct.
COMMISSIONER BALDWIN: And I thought that we had an
agreement with the City to where the City -- in the ETJ, that
the City was -- is this in the ETJ?
MR. ODOM: This is -- part of it's in the ETJ.
COMMISSIONER BALDWIN: The City was adopting the
'~ County's numbers.
COMMISSIONER LETZ: That's correct.
COMMISSIONER BALDWIN: Okay. So why is it not
12 percent?
COMMISSIONER LETZ: City didn't follow their own
rules.
COMMISSIONER BALDWIN: Say it again?
COMMISSIONER LETZ: City didn't follow the rules.
COMMISSIONER BALDWIN: City did not follow the
rules. Is that what you're saying?
COMMISSIONER LETZ: Yes.
1-14-08
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 BALDWIN: I can't hear real well
today. There lies the problem.
COMMISSIONER LETZ: It's no impact to the City. I
~ mean --
MR. ODOM: So, what we're -- I'll be more than
happy to turn time over to Kevin to --
JUDGE TINLEY: I'm not sure he wants any time.
MR. ODOM: -- explain it, but I -- the way it
sounds to me, the Court says this is not going to be
County-maintained.
JUDGE TINLEY: Not under the current circumstances.
That's a --
COMMISSIONER OEHLER: Outside the rules, we're not
going to do it.
MR. ODOM: Okay. Kevin?
MR. SPRAGGINS: Kevin Spraggins, Vordenbaum
Engineering. The -- the way we looked at it, it was our
understanding that it was in the ETJ, and so we go to the
City for the ETJ. Looked up the city code; it said
15 percent. We designed the road for 15 percent, and then
here we are. So, we've got 15 percent with the City. We've
got the County Engineer that says he would be okay, I guess,
maybe with 15 percent if we put the trap rock, and we have
Mr. Odom who says 12 percent. So -- and I'm not even sure if
we're asking for a variance for just the portion that is only
1-19-08
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
in the county, or if we're asking for a variance on the whole
550 feet. That's another question.
MR. ODOM: I think it would be very difficult at a
rules are 10, 15 percent, but the City has adopted the county
rules in the ETJ.
MR. SPRAGGINS: Okay.
COMMISSIONER LETZ: So, I mean, you were misled or
any -- any of the projects that -- we just had another
project that was completed last year that was in the ETJ. We
need to look up both the city and the county standards and
look up to see which one's the most stringent?
COMMISSIONER LETZ: No, you have to look at the
City's rules for the city -- that the City has adopted, and
you did not follow those. They may have told you that, but
that's their error. We have an interlocal agreement with --
what it is, Rex, an interlocal? Interlocal agreement with
the City that has a different set of rules for the ETJ.
They're not the County rules or the City rules; they're a
different set. And the City evidently didn't provide you
1-14-08
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
MR. SPRAGGINS: Okay. Just -- does the --
COMMISSIONER LETZ: The City --
MR. SPRAGGINS: There's a separate -- there's a
separate set of rules?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: The City manages that for the
County.
MR. SPRAGGINS: Okay. And if those set of rules
don't -- don't talk about rate of grade?
COMMISSIONER LETZ: They do.
MR. SPRAGGINS: They do?
JUDGE TINLEY: 'Cause they adopted our rules.
COMMISSIONER LETZ: They adopted our rules.
MR. SPRAGGINS: Okay. All right. And, so, then
the other option would be for it to be for a private road?
COMMISSIONER LETZ: Or a variance and a private
road. I mean, first thing would be a variance from the
county standpoint.
MR. ODOM: Variance first.
MR. SPRAGGINS: Okay. So we need to be at
12 percent for a public road. We need to be at -- so I guess
I need to let them know if they want to have that to be a
private road as an option. Is the variance -- I guess I need
1-14-08
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
to request the variance be granted for private road at
j 12 percent.
COMMISSIONER WILLIAMS: I think we have to know
where you're going before we --
COMMISSIONER LETZ: Right.
MR. SPRAGGINS: I just want to give them the
option, that's all.
COMMISSIONER LETZ: I would say -- and based on
what Mr. Wells said -- that our engineer said, if you're
going to go to 15 percent, you need to change to trap rock or
ag -- the non-skid asphalt.
MR. ODOM: Non-skid asphalt.
COMMISSIONER LETZ: Because 15 percent doesn't meet
a private road specification for the county, so that would be
a variance on the grade. And Mr. Wells is saying if we go
that route -- as I read his letter, anyway, if we go that
route and give him a variance, then he has to change the rock
type.
MR. SPRAGGINS: Okay. So, I know where I need to
be on the public road. On a private road, is the option
available to do 15 percent with the trap rock?
COMMISSIONER OEHLER: Providing we give you a
variance.
MR. SPRAGGINS: Correct. That's what --
COMMISSIONER LETZ: As I look at -- yeah. I mean,
1-14-08
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
that's kind of -- I'll listen to Len on that. 'Cause, I
mean, he's our -- it's a private road. And I'm thinking of
the precedent. The precedent -- think of the precedent
you're setting.
MR. ODOM: I think the skid resistance is there.
You know, I would probably prefer the non-skid asphalt,
because the City's going to require asphalt to be laid, I
would assume. Am I right, Kevin?
MR. SPRAGGINS: There's two options. One's the --
there's two-course or asphalt, so you do have a two-course
option.
MR. ODOM: Then either of those options -- trap
rock would work fine, as well as that non-skid asphalt, which
has trap rock in it. It just grips. But --
COMMISSIONER LETZ: So --
MR. ODOM: -- I would, if I was doing it, sealcoat,
because I like the larger aggregate, and it's got more bite
for ice. And we're -- we've got extreme weather now, so I
think we'll probably have more ice, so that's protection of
the people up there.
COMMISSIONER LETZ: Is there a -- is that -- is
your -- I guess what I'm hearing is, the recommendation for a
variance, is that because of the situation that this
individual was put in? Or something that you're going to be
willing to do for other developers?
1-19-08
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
MR. ODOM: Well, this is a private road.
COMMISSIONER LETZ: Right.
MR. ODOM: And this is a variance. I don't make
that decision; y'all do.
COMMISSIONER LETZ: I know. But what I'm getting
at, what's the reason for the variance? Is the variance
because the developer's been kind of hung out to dry by the
City on this one?
MR. ODOM: Well, I think that the -- this is my
opinion, that it's to the developer's benefit not to cut the
15 to the 12. Can it can done? Yes, it can, but it costs
more. And one of the last paragraphs in variance is
economic -- difficult for a developer to have more cost.
It's not -- not necessarily in that words, but if it's more
difficult, that's not a reason for the variance.
COMMISSIONER LETZ: That's right.
MR. ODOM: So --
COMMISSIONER LETZ: So, there's -- so you're not
recommending a variance?
MR. ODOM: I'm not recommending a variance to --
for us to build that road -- I mean, for them to build a road
and me maintain it.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: How is public safety
affected differently on private and public by allowing
1-14-08
119
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
15 percent?
MR. ODOM: It would be steeper, sir.
COMMISSIONER WILLIAMS: I realize that.
MR. ODOM: You're going to slide at 12 percent with
an ice storm.
COMMISSIONER WILLIAMS: You're going to slide on a
private road as well as you are on a public read.
MR. ODOM: That's absolutely correct.
COMMISSIONER WILLIAMS: That's my point.
MR. ODOM: Well, Scenic Hills is that way, and I
slide all the way down it to Highway 16. And I maintain it,
and we do the best we can, and I use trap rock on it.
COMMISSIONER LETZ: Here's my solution -- I mean,
just a thought. I hate to kind of push it back a little bit.
The developer needs to go back to the City and ask the City
to come to the County and ask for a variance on the grade.
MR. ODOM: That would be nice.
COMMISSIONER LETZ: Why is it being done? Because
it can't be done for financial reasons. Let the City come
back to us and say, well --
MR. ODOM: Would you like me to ask the City
Engineer to give his reasoning?
COMMISSIONER LETZ: Yeah, because they've approved
it. They didn't follow the rules.
25 ~ MR. ODOM: Okay.
i-lq-oa
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
COMMISSIONER BALDWIN: Does the word "begging" come
in anywhere?
JUDGE TINLEY: Knee pads?
COMMISSIONER BALDWIN: Knee pads. We'll furnish
the knee pads.
MR. ODOM: You know, it is -- the way they word it,
when zero -- I mean, from 10 to 15, so they're in that
i
parameter. They chose --
COMMISSIONER LETZ: That's in their rules.
MR. ODOM: That's not in our rules.
COMMISSIONER LETZ: But that's not the rules
they've adopted for the ETJ.
MR. ODOM: That I don't know. I just talked to
Wellborn, and he said that's what was run; that's what they
were doing. I said, "Wellborn, mine's 12."
COMMISSIONER LETZ: That's not the rules that
they've agreed to adopt, put it that way.
MR. ODOM: Well, I wasn't there with the agreement,
so I don't know.
JUDGE TINLEY: Does any member of the Court have a
motion they want to offer on this particular item at this
point?
COMMISSIONER WILLIAMS: No.
JUDGE TINLEY: Okay, let's move forward. Item 17;
consider, discuss, take appropriate action for the
1-14-08
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
lease/purchase -- lease and/or purchase of a small
maintainer.
MR. ODOM: Yes, sir. Awhile back, we told you
about the expiration of leases on a loader and a motor
grader. The 924 loader was purchased, and we asked about
purchasing a smaller motor grader. There are not very many
smaller machines on the market today. Conley-Lott sells Lee
Boy, Cooper has Champion, and I found a 2004 Volvo which has
maybe 1,100, 1,200 hours on it -- and a Volvo is really a
Champion -- which is no longer made, the Volvo. At this
time, I would like to lease each of these machines for a
month or two to try them and find out which one meets our
needs. Let the supervisor use them, put them out in the
field. I have the money in the line item -- in that lease
item. It will not hurt me or hurt the budget. I have lease
money in Equipment Lease line item. We need an order to
allow us to purchase the machine that best meets our needs
through the Buy Board when the Auditor has funds available.
Y'all discussed that.
I had talked to the Auditor. There wasn't a
certain timeline last week when we were going over this. So,
you know, I -- I'm going to have that 12-H come up, and we're
taking it back as of 1st of February to Cat, so I'm going to
be short a maintainer. And I'd like the option to take a
look at purchasing a smaller one to facilitate, I think, our
1-14-08
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
needs in the future, as it goes to a smaller machine. But
I'm limited. John Deere doesn't make it. Cat doesn't make
it. 120 is the smallest that Cat has, and that's essentially
a 12-H. It's not much different except in weight, and maybe
horsepower a little bit, is the only differentiation.
COMMISSIONER LETZ: I think it`s a good idea.
COMMISSIONER OEHLER: I think it's a great idea,
and the reason for it being that we have so many roads that
we have such a narrow right-of-way on, and these smaller
machines are much easier to handle and turn around. We don't
need the bigger graders for a lot of the work that we do, the
maintenance work.
MR. ODOM: Fuel efficient -- more fuel efficient.
So, you know --
COMMISSIONER OEHLER: This is something I suggested
to him a while back, and I'm all for it to get some smaller
machines that are going to be much more useful than some of
these large ones.
COMMISSIONER LETZ: I got a '53 Model D, if you
want it.
MR. ODOM: I have a 112 -- I have a 112, and that's
probably the best one I have. No.
COMMISSIONER OEHLER: The 112 is worth more than it
was when it was new.
MR. ODOM: We keep that as the backup.
1-14-08
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
COMMISSIONER OEHLER: Yeah.
MR. ODOM: Keep it as a backup.
COMMISSIONER BALDWIN: You still have your 635?
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion?
COMMISSIONER LETZ: Only discussion is, Len, if
you're thinking of purchasing one, and you're thinking of
doing it through our tax note, you got about ten days to make
-- get a dollar figure in.
MR. ODOM: We already have, sir.
COMMISSIONER LETZ: Okay.
MR. ODOM: We gave, like Mr. Baldwin said, our wish
list. So, --
JUDGE TINLEY: She's got it.
MR. ODOM: -- we have turned that in to the
I Auditor.
COMMISSIONER LETZ: Okay. All right, good.
JUDGE TINLEY: Any other 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.)
1-14-08
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
JUDGE TINLEY: That motion does carry.
(Commissioner Baldwin left the courtroom.)
JUDGE TINLEY: We'll move to Item 20; consider,
MR. ODOM: Yes, sir. Jimmy Reno, for the sellers,
is requesting a concept hearing at the next Commissioners
Court, which is today, the 14th, to convey Spur 100
right-of-way to Kerr County. Mr. Harrell and Mr. Hightower
presently own approximately 255 acres, which is split by Spur
100. It is our understanding Spur 100 is a County-maintained
road. Well, it is from our perspective, the County's. The
right-of-way, as presently fenced, to Kerr County. You have
an attached colored map with a reference that came from Lee
Voelkel. At that time -- it's contingent upon the
acquisition of the property, and which he will -- the owners
of that property will deed that to -- metes and bounds to the
County. And should he not purchase the property, the
ownership -- the right-of-way will remain with Harrell and
Hightower, which doesn't bother me one way or the other. If
they subdivide it, they'd have to deed it to us. It is -- it
is ours. It has been. That's what we explained to him. I
don't know where the tort liability would be, but we have no
1-14-08
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
problems.
COMMISSIONER LETZ: The only thing I have -- only
question -- I have no problem with it, except that if they
are buying it and then develop it, I want 60 foot along that
road at a minimum.
MR. ODOM: It would be -- the minimum would be 60
foot, but it depends how -- what they do.
COMMISSIONER LETZ: Right.
MR. ODOM: What's behind it and everything else,
too.
COMMISSIONER LETZ: But you're talking about
between the fences. I don't know what the right-of-way is
right now. Didn't you say between the two existing fences
you're going to deed to the County?
MR. ODOM: We discussed it. Did we see where that
I was at?
MR. RENO: Between the fences?
COMMISSIONER LETZ: Is it 60 foot? What's the
distance?
MR. RENO: Looks like it probably -- I didn't go
out and measure it or what-have-you, but, I mean, looking at
it on the -- on the -- I don't know if you have a big plat of
it, but looking at it compared to the other -- other 60 foot,
it's looking like it's 60 foot.
COMMISSIONER LETZ: I just want to make sure that
1-14-08
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
if we do this and it does become a development, we definitely
at that point want to get this updated to our minimum
right-of-way, and maybe even go -- depending on the
classification of that road, may go to --
MR. ODOM: To a 90.
COMMISSIONER LETZ: -- to a 90.
MR. ODOM: 90 foot all the way to the end, 'cause
that would be an outlet.
MR. RENO: No, this is in the middle of the road,
so there's other places before it and afterwards that --
COMMISSIONER LETZ: We understand that, but we got
to start somewhere.
MR. RENO: Yeah, I understand.
', COMMISSIONER LETZ: With developments going in on
both sides, I think we're going to want this.
MR. ODOM: They're going to have to come to us if
they start to develop it. We'll get the 60 foot, whatever we
have.
COMMISSIONER LETZ: Okay.
MR. ODOM: By metes and bounds. Some of this may
be wider or shorter, but the fences may be on our -- outside
the meets and bounds anyway.
COMMISSIONER WILLIAMS: County Attorney, do you
have any problem with doing an order of acceptance on a
contingent basis?
1-14-08
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
MR. EMERSON: I think that's a little tough to do.
COMMISSIONER WILLIAMS: That's kind of what I
thought.
JUDGE TINLEY: It's conditional.
MR. EMERSON: Yes, sir.
COMMISSIONER WILLIAMS: So, what we really need is
to know that the transaction is concluded, and there seems to
be a sense of the Court to do this. So, we --
MR. RENO: Maybe just a sense of the Court to do it
maybe is fine. 'Cause I'm dealing with two parties, one that
if they buy it, they want it. For tort liability or
whatever. They don't want -- that's the reason. They don't
want the road, but the other guy that owns it now does. He
doesn't mind it. He doesn't feel there is any liability,
because it's a County-maintained road, so he's not worried
about it. So --
MR. ODOM: This is a case of where their counselor
had reservations about tort liability, and the buyers were
worried about it. But I'm like Letz; I'll just make as a
general order, I don't see the tort liability's there.
COMMISSIONER LETZ: As a general statement, I
think. I make a motion that the Commissioners Court would
entertain right-of-way being deeded to it on Spur 100.
COMMISSIONER WILLIAMS: I'll second that.
COMMISSIONER LETZ: 60 foot.
1-14-08
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 WILLIAMS: 60 foot.
COMMISSIONER LETZ: Well, if they don't have 60
foot, they can't deed 60 foot, but deed the right-of-way.
We've done that on many, many roads throughout the county,
that people deed prescriptive right-of-way to the County.
MS. HARDIN: They own land on both sides. The road
splits there.
COMMISSIONER LETZ: I think we'll entertain it, and
take it upon that they have a specific -- I mean, an actual
conveyance they want to discuss with us, we'll certainly look
at it. What else can you say? Don't know what they're going
to do.
MR. RENO: That's fine.
MR. ODOM: You have a direction now, which way to
I go .
JUDGE TINLEY: Essentially, the County Attorney is
telling us that we shouldn't take a --
MR. RENO: Contingency.
JUDGE TINLEY: -- conditional conveyance.
MR. RENO: Sure. I thought that might be an issue,
so...
COMMISSIONER LETZ: I think -- did I make a motion?
I'll withdraw the motion, and the second.
COMMISSIONER WILLIAMS: I'll withdraw the second.
Okay. You know where to go, Len.
i-14-os
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
JUDGE TINLEY: Okay. Are we through with that one?
COMMISSIONER WILLIAMS: Yes.
JUDGE TINLEY: Let's move to Item 21; consider,
discuss, take appropriate action for the preliminary plat
of Headwaters Ranch, Phases 1, 2, and 3, and located in
Precinct 4.
MR. ODOM: Headwaters Ranch submitted their concept
for approval of Phases 1, 2, and 3. The Court granted a
variance to make the roads in Phase 1 a paved country lane
instead of a local road because of lot sizes and projected
traffic volume. Roads in Phases 2 and 3 will be local roads.
All lots in the subdivision over 20 acres, so no overall
drainage plan is required. Street profiles, ditches, and
cross-drainage will be required. Today they are requesting
preliminary approval on Phase 1, 2, and 3 of Headwaters
Ranch. And Sam Poorman is here to answer any questions you
might have.
COMMISSIONER OEHLER: I move approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.}
JUDGE TINLEY: All opposed, same sign.
(No response.)
1-14-08
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
JUDGE TINLEY: The motion does carry. We'll move
to Item 22; consider, discuss, and take appropriate action to
amend the revision of plat, Lots 2 through 11, Privilege
Creek Ranches, as set forth in Volume 8 -- Volume 8, Page 21,
and located in Precinct 3.
MR. ODOM: Yes, sir.
JUDGE TINLEY: I would note that I have at least
one participation form that was filed in connection with this
matter. The fact that we're doing this matter just a couple
of minutes before lunch is probably intentional, so as to try
and conserve as much time as possible. Hopefully you
gentlemen are as anxious to go eat lunch as the rest of us
are. So, Mr. Odom?
MR. ODOM: Yes, sir. BTEX Ranch, L.P., is asking
to amend the plat recorded in Volume 8, Page 21, known as
Privilege Creek Ranches, Lots 2 through 11. The amend -- the
amendment will change Turkey Knob Road from a public
County-maintained road to a private road. The County
Attorney advised us that this could be done with -- as an
amendment if no lots had been sold. You have in your packet
a letter from the developer and his attorney stating they
have none -- have not sold any at this time. We ask the
Court to accept this amended plat. And those notes were made
on the plat essentially in the general notes saying that all
roads are private, and that there's a boxed area saying that
1-14-08
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
Turkey Knob went from a public road to a private road.
JUDGE TINLEY: County Attorney, this is an
amendment that's authorized under that new Legislative
amendment that says if there's an error in course and
distance or -- or other clerical-type situation, minor item,
that you can do it just by going back and amending the plat?
MR. EMERSON: Under the clerical exception, I think
you can, since no lots have been sold and you're not changing
any of the layout.
COMMISSIONER WILLIAMS: You have somebody that
wants to speak? Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: We have a motion and second for
approval. Mr. Jackson, do you wish to be heard?
MR. JACKSON: No, Your Honor.
JUDGE TINLEY: Okay. Question or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(Commissioners Williams and Oehler voted in favor
of the motion.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Let the record reflect that
Commissioner Letz did not participate, and the matter was
approved.
1-14-08
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
(Discussion off the record.)
MS. HARDIN: Can I ask a question? For filing
purposes, would that be filed under the old volume and page,
or will it have a new volume and page?
COMMISSIONER LETZ: New.
MR. ODOM: That's the reason we documented the plat
with that volume and page of the old one right there.
JUDGE TINLEY: Okay. You guys want to knock out a
couple more right quick?
COMMISSIONER OEHLER: I would like to go and do the
one on the appointment of precinct -- I mean ESD Number 2,
because I think they have some members that need to be sworn
in today.
JUDGE TINLEY: Okay, we'll take up Item 35;
consider, discuss, and take appropriate action to reappoint
two commissioners to Emergency Services District Number 2,
and appoint one new commissioner to that district.
Commissioner Oehler?
COMMISSIONER OEHLER: We have three vacancies whose
terms have expired in ESD Number 2. I move that we reappoint
Evelyn Bloys and Ben Alves to two-year terms, and appoint
Debbie White to a two-year term as a new commissioner on ESD
Number 2.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
1-14-08
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
approval as indicated in the motion. 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.)
~I
JUDGE TINLEY: That motion does carry. What's the
Court's pleasure? Why don't we go ahead and break till 1:30.
We'll be in recess till 1:30.
(Recess taken from 12:05 a.m. to 1:30 p.m.)
(Commissioner Baldwin not present.)
JUDGE TINLEY: Okay, let's come back to order, if
we might. We were in recess for lunch, and we are now back
in session, and Item 24 is where we left off, my best
recollection.
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Consider, discuss, take appropriate
action to approve cell phone contract with Five Star Wireless
for all Kerr County officials and employees, excluding law
enforcement, and authorize County Judge to sign the same. As
most of you on the Court know, we've been working on this
thing for a while, and I think we're finally to the point, by
putting a couple of add-ons to the contract agreement, that
we're there. Is that correct, County Attorney?
1-14-08
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
MR. EMERSON: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER LETZ: The --
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: Someone -- or H.R. will send
that out as the policy for cell phones, so all employees --
everyone's aware that's in place now?
JUDGE TINLEY: It's already been sent out.
COMMISSIONER LETZ: That has been sent?
JUDGE TINLEY: Oh, yeah. It was sent out,
actually, effective December 1.
COMMISSIONER LETZ: Okay.
MS. HYDE: I just need a copy. I just need a copy
of the last one via e-mail so I don't have to retype it, so I
can put it in the policy booklets.
COMMISSIONER LETZ: Right.
1-14-08
135
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: Let's move to Item 25; consider,
discuss, and take appropriate action to accept a $3,810 grant
from L.C.R.A. to purchase and install defibrillators on the
first and second floor of the courthouse, and authorize the
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move
to Item 26; consider, discuss, and take appropriate action to
file Secretary of State report and dissolve the Kerr County
Juvenile Facility Corporation. Mr. Emerson?
MR. EMERSON: Thank you. We received a request
from the office of the Secretary of State requesting an
update on the Kerr County Juvenile Facility Corporation.
It's my understanding that that corporation was formed
sometime back when the building was originally purchased and
financed as a public facilities corporation. Effectively, it
has not been used for at least two years, and I think it
would be prudent at this point to dissolve the corporation.
1-14-08
136
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: So moved.
COMMISSIONER WILLIAMS: I have a question. If we
dissolve the corporation as per your recommendation, does
that have any effect on the agenda item, I think, Number 41,
that has to do with granting a sanitary easement, I believe,
by that corporation to the South Texas Veterans Health Care
System?
MR. EMERSON: I think it was requested from the
corporation because the corporation is probably -- it's
probably the managing entity that was showing originally on
the books, but that should have all been changed two years
ago when the County refinanced all that property, and it was
basically transferred from the public facilities corporation
to the County.
JUDGE TINLEY: Mm-hmm. Title of the property is.
now in the -- in Kerr County, as opposed to the public
facilities corp. It was placed in the public facilities
corporation -- that entity was formed solely to hold title to
the property so that that three-step process that was
previously in place where it was leased to the County, and
then the -- by the public facilities corp., and then the
Juvenile Board did an operating agreement with the County.
'I All of that got collapsed when -- when it was reworked,
whatever it was, two or three years ago, when we ended up
1-14-08
137
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
buying the bondholders' position, as it were. Title at that
time went into Kerr County, so Kerr County owns it. The only
reason I can see to keeping a public facilities corporation
around is if we would want to use it down the road for some
process, and because it's denominated a --
COMMISSIONER OEHLER: Would this mean that the V.A.
would need to make another agenda request at the next meeting
to ask for that easement from the County rather than from the
corporation?
COMMISSIONER WILLIAMS: That's really where I was
going.
JUDGE TINLEY: No, because it's -- the property and
the grantor in any easement would be Kerr County. Now, since
title of the property is now over into Kerr County --
COMMISSIONER OEHLER: And so it doesn't really
matter whether that is in force or not?
JUDGE TINLEY: That's right.
MR. EMERSON: And I would suspect the way the V.A.
acquired that name was four or five years ago, when the
County had requested an easement to go across the V.A.'s
property and was denied on the sewer easement; ended up doing
the pump lift station and going out to the loop instead of
straight up to Schreiner Street.
COMMISSIONER OEHLER: Okay.
COMMISSIONER WILLIAMS: Move approval.
1-14-08
138
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: 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: The motion does carry. Item 27;
property from 15 to 20 percent, and approve addendum to
delinquent tax contract concerning personal property, taxes,
amendment to contract for the collection of delinquent taxes,
and approval of order authorizing increase of additional
penalty from 15 to 20 percent on delinquent tax collections.
You will recall two, three, four meetings ago, possibly, we
authorized an earlier action by the tax attorneys to pursue
tax collections on personal property, delinquent personal
property taxes, and also we increased from 15 to 20 percent,
which was authorized under state law, the attorney's fees
allowable to be paid by the -- by the taxpayer. The -- the
delinquent tax attorney is requesting that we increase the
delinquent tax attorney's fees generally across the board, as
authorized by law, from 15 to 20 percent on all delinquent
tax collections, not just personal property, and to amend his
1-14-08
139
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
contract to permit that to happen.
COMMISSIONER WILLIAMS: Judge?
JUDGE TINLEY: Yeah?
COMMISSIONER WILLIAMS: I had a communication from
Walter Schellhase on behalf of U.G.R.A. with respect to a
similar resolution that the River Authority got, and so I got
to looking at the language. It does look like -- what you're
saying is, it's an additional 5 percent. We're going from 15
to 20.
JUDGE TINLEY: That's correct.
COMMISSIONER WILLIAMS: But if you look at order
number whatever that's in our packet, it talks about "adopts
and ratifies the additional 20 percent penalties," and that
was a question that was raised by General Schellhase with
respect to the resolution U.G.R.A. received talking about an
additional 20 percent. Which would suggest that the total
levy could be 35 percent, 'cause 15 percent is already in
place. Does that need to be clarified?
JUDGE TINLEY: It's a -- it's a semantics question
that you raise. And I see what you're -- as opposed to
saying an additional 20 percent, increasing from 15 to
20 percent is -- is --
COMMISSIONER WILLIAMS: Is more appropriate.
JUDGE TINLEY: -- is more appropriate.
COMMISSIONER LETZ: More clear.
1-14-08
140
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:	So we	need	to	amend	that
order, and tell General	Schellhase	they	need	to	amend	their
order.
COMMISSIONER LETZ: I would think so.
COMMISSIONER WILLIAMS: So, where does that leave
us? I would move that we authorize an increase in attorney's
fees for delinquent taxes on real property from 15 to
20 percent, and adjust language in the order which, at this
point, is unnumbered, to reflect that the increase is from 15
to 20 percent, and not an additional 20 percent.
JUDGE TINLEY: Would that include the addendum to
the delinquent tax contract to make that same adjustment?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Yes, sir, it would.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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. That brings
us to Item 28; consider, discuss, and take appropriate action
on motion to reconsider appeal of development permit granted
1-14-08
141
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 Martin Marietta Materials, Inc. I put this on the agenda.
As the Court will recall, we acted as a -- as a body to
consider an appeal from the granting of a floodplain permit
by our floodplain administrator to Martin Marietta Materials.
An appeal was brought from that. This Court sat as an
appellate body, and we affirmed the floodplain
administrator's granting of that permit. The person who
originally appealed that action by the floodplain
administrator has filed a motion to reconsider appeal of that
development permit being granted to Martin Marietta
Materials. I'm not sure the procedural basis, but it's
somewhat similar to a motion for rehearing in an appellate
court, I would presume. But in order for this matter to move
forward on -- however it's going to move forward, I think we
need to act on this motion to reconsider. We do have some
folks who have asked to be -- to participate in this matter,
and at this point -- Mr. Figueroa, are you here, sir?
MR. FIGUEROA: Yes.
JUDGE TINLEY: You're appearing on behalf of Martin
Marietta, and you are with Cox Smith Matthews; is that
I correct?
MR. FIGUEROA: That's correct.
JUDGE TINLEY: Do you wish to be heard at this
I time?
MR. FIGUEROA: Just if there are any questions from
1-14-08
142
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 Commissioners, we're here and ready -- and ready to
answer any question you may have.
JUDGE TINLEY: Any questions?
MR. FIGUEROA: We would like to point out that,
under the Flood Damage Prevention Order, that the procedure
to appeal floodplain development permit is set out, and it's
fairly clear that the decision of the floodplain
administrator is appealed, as you mentioned, to the County
Commissioners, and that decision is appealed to the court.
So, we believe that any appeal is properly before a district
court, and not -- not the County Commissioners at this point.
JUDGE TINLEY: Any questions for Mr. Figueroa?
Mr. Machann? You had filed a participation form, I believe.
Do you wish to be heard at this point?
MR. MACHANN: Not at this time.
JUDGE TINLEY: All right. Thank you, sir. Anyone
else that wishes to be heard on this matter? Do I hear -- do
I hear a motion?
COMMISSIONER WILLIAMS: No, sir. Just let the
record reflect, I recuse myself from the discussion and will
abstain from any vote that may be taken.
JUDGE TINLEY: Very well.
COMMISSIONER OEHLER: No action means that we
affirm what we did before?
JUDGE TINLEY: I guess the question is, do we need
1-14-08
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
143
to take any action in order for this matter to move forward?
Mr. Figueroa, you said it's your understanding that this
matter is already before the district court. As I indicated,
I'm not -- I'm not sure if there's any -- if there's any
availability for -- for a rehearing or reconsideration.
MR. EMERSON: Mr. Figueroa is correct; the
procedures are very clearly laid out. Next step up is
district court.
JUDGE TINLEY: So, we do not have -- we don't have
to do anything, then. Is that --
MR. EMERSON: Correct, Judge.
JUDGE TINLEY: Is that your opinion?
MR. EMERSON: Yes, sir.
JUDGE TINLEY: Very well. Any member of the Court
have anything further to offer? We'll move on to Item 29;
consider, discuss, formulate, and adopt Kerr County's
official position regarding the utilization of the Kerr
County Airport Authority created under House Bill 956, and
approved by the voters of Kerr County May 22nd, 1970, and
forward same to Texas Attorney General Greg Abbott.
Appropriate action as may be required. Commissioner
Williams? Commissioner Letz? Who wants to lead off?
COMMISSIONER WILLIAMS: I'll let Commissioner Letz
do most of it. He and I have been working back and forth,
cross-pollinating this particular statement and adjusting
1-19-08
144
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
accordingly. And go ahead, Commissioner Letz.
COMMISSIONER LETZ: I think we discussed it briefly
at one of our last couple meetings, and I tried to put down
the basic facts in outline form -- you surely don't want to
read too much more information -- as I understood the facts
to be, and then put a summary statement, which basically says
that the intent of the voters should be followed. And I --
and the options may require legislative action. That's not
for us to decide. I mean, you know, if some changes are made
to get in line with state law. And I also say, you know,
it's going to -- if it's going to be dissolved, if that's an
option that the entities want to pursue, that needs to be put
back before the voters, in my -- as I would see it, because,
I mean, I don't see how you can undo a vote of the voters.
And that's kind of the gist I got the last time we discussed
it. That's what I tried for, more or less.
JUDGE TINLEY: In essence, the voters have
expressed an intent that they wanted an independent body to
be responsible for operation of the airport, and that ought
to be the prevailing --
COMMISSIONER LETZ: That ought to be the end -- the
outcome.
COMMISSIONER WILLIAMS: That's really the bottom
line. Autonomous board.
COMMISSIONER LETZ: You can get there either by, I
1-14-08
145
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
guess, going back to the original authority, and upon
populating it, or if it's possible to do the other way, is
for the direction of the -- for the City and the County to do
either event, almost, if you're going to make any kind of a
change. I mean, I think the law was pretty clear that that
vote took place, and I don't know -- around 37 years ago, and
I just don't see how you can summarily -- any entity can
summarily say we didn't like that vote, so we're not going to
do it. I mean --
COMMISSIONER WILLIAMS: Also, there's no repealer
COMMISSIONER LETZ: Right. And that's why I say it
', may take -- if something's going to be changed, it has to go
back to the Legislature to give that authority, the ability
to make some changes. So, that's kind of to summarize it.
COMMISSIONER WILLIAMS: So, what we're saying is,
if the Court weighs in on this and approves it, this will
become our statement to be submitted to the Attorney General.
We can either all sign it, or we can have the Judge sign a
letter and attach it or whatever.
JUDGE TINLEY: If that's what the Court wants --
Attorney General.
1-14-08
146
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
(Low-voice discussion off the record.)
', COMMISSIONER LETZ: My -- on the summary portion,
it's very brief. I didn't intentionally -- I know some of
y'all know more about this. Certainly, if you want to be
more -- a little more verbose or add language, it won't hurt
my feelings, anyway, if you make some changes.
COMMISSIONER WILLIAMS: Move approval of the
position statement for Kerr County as outlined and presented
to the Court, and forward same, if approved, to the Attorney
General Greg Abbott to be included in his deliberations; ask
the County Judge to sign a letter attaching the same.
COMMISSIONER LETZ: Second.
COMMISSIONER OEHLER: I second it.
COMMISSIONER LETZ: Third.
JUDGE TINLEY: I have a motion and a second.
Question or discussion on that motion? All in favor of the
I motion --
COMMISSIONER LETZ: A quick question on the agenda
item. It says May the 22nd was the election. I thought the
election was -- I know the agenda item said 22nd. I think it
was canvassed on the 22nd.
COMMISSIONER WILLIAMS: No, the election was the
22nd.
COMMISSIONER LETZ: Election was 22nd?
JUDGE TINLEY: Either way, it was approved by the
1-14-08
147
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
voters on that date.
COMMISSIONER WILLIAMS: I double-checked it.
COMMISSIONER LETZ: Okay. Well, I just -- if the
verbiage is correct in the second paragraph --
COMMISSIONER WILLIAMS: It was canvassed on the
22nd, Jon.
COMMISSIONER LETZ: Okay. I just want to make sure
we have our dates right. We need to verify that date and
that date to make sure those are correct. And the election
was the 16th?
COMMISSIONER WILLIAMS: The election was the 16th.
It was canvassed on the 22nd.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: It says that in the
paragraph above.
JUDGE TINLEY: 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: Motion carried. Let's move to Item
30; consider, discuss, take appropriate action to approve
statement of grant award for F.Y. 2008 Formula Grant from
Task Force on Indigent Defense, and authorize County Judge to
sign same. This is the same that we get every year.
1-14-08
148
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
Actually, they've got $27,005. We're not sure that's the
exact amount of it. It's a formula grant; they pay us 5,000
up front; then they figure out the rest of it later. It's
estimated to be a total of $27,005. Grant conditions are the
same as they've been for the last umpteen years.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll move
to Item 31; consider, discuss, and approve the resolution for
the submission of the Victims of Crime Act grant proposal for
2008-2009 to the Office of the Governor, Criminal Justice
Division. Purpose of the grant, to fund the Kerr County
Crime Victims Coordinator program for another year. This was
submitted by our Crime Victims Coordinator, Rosa Lavender.
She's been doing those grants to keep herself going
essentially for a number of years. Do you have something?
MR. EMERSON: Yes, Judge. Rosa is in San Antonio
right now actually talking to AACOG about this grant, it's my
understanding, and she just wanted me to make sure that y'all
1-14-08
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
149
were aware of the fact that the grant begins July 1st. The
County's match is office space, health insurance, and a $600
travel allowance. And that she recovered approximately
$300,000 in victims' funds last year.
JUDGE TINLEY: And a lot of those funds were funds
that we would otherwise pay under Indigent Health care,
probably.
MR. EMERSON: Correct.
COMMISSIONER OEHLER: Sounds like a good program to
i me .
COMMISSIONER LETZ: Move approval of the
resolution.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question -- questions or comments? A11 in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. Item 32; consider,
discuss, and take appropriate action on approving burn ban
notification procedures, updated information for web page,
and enforcement options for violation of the burn ban or
state law.
COMMISSIONER LETZ: I'll start this with a couple
1-14-08
150
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
of easy parts. First, the burn ban notification procedures
to do the tone-out to the pagers. John -- I think we
probably ought to test that to make sure it's working. We
probably need to get with Rusty and do that, and that's in
place. The other part of that is in the backup also. It's
the sheet that's got the e-mail distribution list. I've been
working with Jody and some others on figuring out who needs
to be notified every time we change the burn ban, and I
talked with John Trolinger. He thinks that all the volunteer
fire departments probably have e-mail access. We're going to
add the chief of all of the volunteer fire departments, if we
can get their e-mails, trying to get as many people aware
when we make a change as possible. And then Jody -- the
tone-out will be the responsibility of the Sheriff's
Department dispatch. The e-mail will be the responsibility
of Jody. And if it's done on the weekend, the Commissioners
can send it out. And I think John can put together a -- kind
of a -- I don't know what you call it; a group e-mail list
that makes it very easy. You don't have to type in all the
names. You just type in "burn ban," and it can go from our
home computers or any computer you have to all of our
necessary recipients so we can get everyone informed quickly.
Those were those two items.
1-14-08
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
151
In the backup also is -- John Trolinger found this
off the Comal County web site, and this is a little bit --
get to Rex. Comal County has come up with a very innovative
way to make these very severe penalties for violating the
burn ban. They're going back and using the Clean Air Act,
basically. And Rex is going through -- he has not finished
his review -- to see if he agrees with how they got there,
because it goes up to a $1,000 to $10,000 -- a $1,000 to
$50,000 fine for violating the burn ban, which makes it a
pretty stiff penalty. I don't know that I'd want to go after
$50,000 for writing a brush pile up, but some action may get
some people to quit violating the burn ban. $1,000, I'd be
very much in favor of that kind of fine. But, anyway, this
is the first time that I've seen a really stiff penalty
imposed, and Rex is looking into it to see if he agrees that
we can go that direction.
The other item is, one thing that I am going to ask
Administrative Code, Title 30, Part 1, Chapter 3. It's
outdoor burning, sets out state law for burning anytime, and
it's very clear when you can and can't burn. If winds are
over 23 miles an hour, you can never light a fire, period. I
think people need to be aware of some of those rules -- or
1-14-08
152
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
forecast to be over 23 miles an hour. And the last item is
that I talked briefly to Joe Franklin this morning, and he
has requested and says that his bosses have told him that he
is not allowed to participate in a burn during a burn ban
unless we give him a specific letter stating that. And I
believe I'll do that in a motion in a minute, but I really
don't know that we need to -- a motion for a lot of these
items. I think with this one, we do. The rest of them, I
think, are just kind of procedural things, talking about more
of an update, and John Trolinger, Jody, and I are kind of
working through that. I know the Sheriff's Department worked
out this issue on the toning out with John's cell and 911,
and that's already in place. Did I leave anything out, John?
MR. TROLINGER: No, sir. I just wanted to
emphasize that before we page all the volunteer fire
department pagers for the first time, that they should be
notified --
COMMISSIONER LETZ: Yeah.
MR. TROLINGER: -- manually.
COMMISSIONER WILLIAMS: Why don't you send out a
test?
MR. TROLINGER: Well, that's my thought. If
someone just got off duty at 6 a.m., and we test the system
at 8:00, he's going to be calling dispatch, and we might want
to avoid that.
1-14-08
153
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: But sometime, as soon as we get
the -- when we get -- put all that together in one e-mail,
send it out to all the parties there. So, only thing we need
so far, I think, are the e-mail addresses for the volunteer
fire departments.
COMMISSIONER WILLIAMS: The bottom line is --
COMMISSIONER OEHLER: I call all my volunteer fire
departments as soon as I impose the burn ban so they can go
ahead and post that. They have signs and flags they put out
so that everybody can be made aware of it immediately.
Rather than -- this is another -- this will be a secondary
way to do it, and if I miss, that'll get it.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Bottom line is, they'll get
a pager message.
COMMISSIONER LETZ: They get a pager -- volunteer
fire departments, they're the only ones who will get the
pager message. Everyone else will get an e-mail. Now, as
the procedures say, it's up to the Commissioner to call the
Sheriff's Department if it's on the weekend. They can do it
that way. And if they can send an e-mail out, if they have
that capability wherever they are. But I will make a motion
to authorize the NRCS to participate in prescribed burns
during a burn ban, and authorize the County Judge to send a
copy of that court order to NRCS office, attention Joe
1-14-08
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
154
Franklin.
COMMISSIONER OEHLER: Would this be an amendment to
a prior order? Or would it be --
I COMMISSIONER LETZ: It's just a new one, just a
little bit different. We've already authorized doing
prescribed burns during a burn ban, but we never -- they want
specific authority that they can do a prescribed burn during
a burn ban, 'cause they don't do -- I mean, they're kind
of -- they're the ones overseeing it.
COMMISSIONER OEHLER: Right.
COMMISSIONER LETZ: I think just a liability.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Further question or discussion on the motion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry.
COMMISSIONER LETZ: And I'll put it on the next
agenda for the -- Comal County, what they're doing, and if we
can impose some stiffer penalties for breaking the burn ban.
JUDGE TINLEY: Let's move to Item 33; consider,
discuss, take appropriate action to designate Commissioners'
1-14-08
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
155
and Judge's liaison appointments for various functions for
calendar year 2008. This is something we review every year.
With Commissioner Baldwin being absent this afternoon, that
might be an excellent opportunity for those that are placed
in undesired positions --
COMMISSIONER OEHLER: I like that idea.
COMMISSIONER WILLIAMS: We can slip a couple his
~ way, right?
COMMISSIONER LETZ: I don't see any changes.
JUDGE TINLEY: The Auditor's looking at me like,
"That was tacky of you to say that."
COMMISSIONER OEHLER: Maybe she needs some liaison
duties.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Move approval of the
Commissioners' and Judge's liaison appointments as stipulated
in the agenda item.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the liaison appointments as attached to the
agenda item. Any question or discussion on the motion?
COMMISSIONER WILLIAMS: I see a hand up out there.
MS. HYDE: Is it on there for the census for 2010?
Because next year we need -- this year and next year, we
really need to get started on the census information and
1-14-08
156
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
who's going to work on it and who's going to help insure that
that information gets out. 'Cause I think it's in the
County's best interest.
COMMISSIONER WILLIAMS: Typically -- I shouldn't
say typically, but in the 2000 census, we retained counsel to
help guide us through that maze, and the Court as a whole
participated in a number of workshops, if I recall.
MS. HYDE: Okay. I just want to make sure, 'cause
I'm getting more information; they're getting ready to gear
it up.
COMMISSIONER LETZ: I think it's a good time. You
know, I don't know if it's too early or not to make the
selection of who's going to help us with it. I guess we can
get going on it. I mean, I think that -- I certainly don't
want to lose out on having our choice of consultants or law
firms or whatever, Department of Justice.
COMMISSIONER WILLIAMS: Yeah. One out of
Washington, I recall.
COMMISSIONER LETZ: Yeah, Bickerstaff Heath.
COMMISSIONER WILLIAMS: Bickerstaff.
JUDGE TINLEY: Bickerstaff.
COMMISSIONER WILLIAMS: And Judge Reddington was
the one that was assigned to us.
COMMISSIONER LETZ: Right. Okay.
JUDGE TINLEY: Any further question or discussion
1-14-08
157
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
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 go to
Item 34; consider, discuss, take appropriate action to
declare 10 metal desks as surplus property and distribute
them to other governmental agencies. This came to us via the
Adult Probation Department. It's their department, but it's
Kerr County property. So, I think he's identified some
potential users, governmental agencies. He would have the
option of going to other governmental agencies and
nonprofits, if -- if I'm correct. Is that correct,
Mr. County Attorney?
MR. EMERSON: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Make a motion to declare the 10
metal desks surplus.
COMMISSIONER WILLIAMS: 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.
1-14-08
158
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: Motion carried. Item 36; consider,
discuss, take appropriate action to approve a contract with
Turtle Creek Volunteer Fire Department, have the County Judge
to sign same.
COMMISSIONER WILLIAMS: Standard contract?
JUDGE TINLEY: Yes, sir.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. We'll move to Item
37; consider, discuss, and take appropriate action on a
request for letter of support for Kerrville Gardens at
Clearwater Apartments, L.P., a development dedicated solely
to independent living for seniors aged 55 and older for
affordable housing units. I put this on the agenda at the
request of the Kerrville Gardens at Clearwater Apartments,
L.P. This is one of those tax credits housing. According to
the information furnished, all of the units are income
restricted, which means it'll be on a graduated income basis,
1-14-08
159
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
based upon a standard sliding scale that they use in that
activity.
COMMISSIONER WILLIAMS: Judge, I checked with the
~' developer also on this. I think we all got a certified
letter --
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: -- to this effect, and just
to be assured that we are cognizant -- aware this is intended
to be constructed, Mr. McDonald's group is about to build
some apartments on Clearwater Paseo across the street from
the Law Enforcement Center. He has, I think, two or three
parcels of land all contiguous one to the other. It is
intended that this particular facility, separate from the one
that he's doing in terms of apartments, will be constructed
at Clearwater Paseo facing Main Street, as opposed to just
facing Clearwater Paseo across from the Law Enforcement
Center. Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
1-14-08
160
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to Item 38; consider, discuss, and take appropriate action to
seek -- to authorize Human Resources Department to seek
applications for open position of department head for Court
Compliance Department. Commissioner Letz?
COMMISSIONER LETZ: I put this back on the agenda.
I think it was on at the last meeting, and additional feeling
right now is to push it off one more meeting, unless there's
a compelling reason. I'd like to have Commissioner Baldwin
here; I think it needs the full Court. We just need to look
at this a little bit, and let's defer till the next meeting.
COMMISSIONER OEHLER: I agree. I think there's
some other plans that are surfacing that may be beneficial.
COMMISSIONER LETZ: Right. And it doesn't need to
-- it can go beyond the next meeting, in my mind. H.R. will
put it back next meeting, if you think it's necessary to put
it on. Or you can tell me whether --
MS. HYDE: Probably the next one, so we can get a
little bit of clarification, 'cause we got some good ideas.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Let me go ahead and call Item 39;
consider, discuss, take appropriate action to make
determination of employee's status for medical benefits
premium purposes. That's an item that you think requires
executive session consideration?
25 ~ MS. HYDE: Yes, sir.
1-14-08
161
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
JUDGE TINLEY: Very well. I'll call Item 40;
consider, discuss, take appropriate action as necessary on
Road and Bridge staffing due to pending and probable
retirement of existing personnel. That also, you say, is an
executive session item?
(Ms. Hyde nodded.)
JUDGE TINLEY: Okay, we'll defer on those for now.
Let's go to Item 41; consider, discuss, and take appropriate
action on request by Kerrville V.A. Medical Center for water
well sanitary easement on Kerr County Juvenile Detention
Facility property. This got added belatedly. Apparently,
the V.A, has got the T.C.E.Q. leaning on them with respect to
the well at the back portion of their property near their
laundry and their other industrial-type facilities. There's
a 150 -- 150-foot radius around that well, and part of that
comes over onto the Juvenile Detention Facility property.
The -- the bad news is, I don't know exactly where that comes
over onto our property and what we've got there now that
would be included in that radius. The engineering that I
asked for from the folks at V.A. that called me I've got
here, and it shows us where the well is, which is fairly
close to their back fence line, but it doesn't tell me how
much, so, therefore, I don't know how much it comes over
under the --
25 ~ COMMISSIONER OEHLER: Is that located on our
1-14-08
162
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
facility?
JUDGE TINLEY: No. It does not, no.
COMMISSIONER LETZ: Doesn't have a tail on it
either, does it?
JUDGE TINLEY: Yeah, it does.
', COMMISSIONER LETZ: Oh, there in the middle?
JUDGE TINLEY: Yeah. Yeah.
COMMISSIONER OEHLER: Seems to me that they need to
come up with a --
COMMISSIONER LETZ: Legal description.
COMMISSIONER OEHLER: -- legal description of what
they're wanting and position it on the property.
JUDGE TINLEY: Well, that's kind of what I thought,
too, Commissioner.
COMMISSIONER OEHLER: If we're going to -- we're
going to grant them a blanket easement under our building
easement.
JUDGE TINLEY: Well, amazingly enough, the easement
permits the construction of homes or buildings upon the
easement, so long as there's certain things followed. There
are two main caveats that must be adhered to. It would -- it
would require that the construction/operation of an
underground petroleum or chemical storage tank and liquid
transmission pipelines, stock pens, feedlots, dump grounds,
et cetera, would be prohibited. And the construction of the
1-14-08
163
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
sanitary sewers, sewer appurtenances, septic tanks, storm
stewers, and cemeteries would be prohibited within a 50-foot
~, radius of the water well. But even though -- even though you
I could construct buildings and so forth without knowing where
that falls on the property, what we got there, what we're
doing there, what we have done there, I don't think we can,
in good conscience, give them any definitive answer at this
point in time without more information. Apparently, this
thing has been kicking around for a couple of years out
there, based upon some of the documentation.
COMMISSIONER OEHLER: It would seem to me that if
we were asking them for something, we would have to be a
little more definitive in our request than what they're being
with us.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: I also think -- yeah, I think
we need to try to find out exactly where it is, and --
COMMISSIONER OEHLER: Locate it on the property.
COMMISSIONER LETZ: -- and have them provide a
~ plat .
COMMISSIONER OEHLER: Exactly.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: And then we need to defer to
the County Attorney for review.
JUDGE TINLEY: All makes good sense to me. Okay.
1-14-08
164
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 we ready to pay the bills before we go to executive
session?
COMMISSIONER WILLIAMS: Move we pay the bills.
COMMISSIONER OEHLER: I'll second it.
JUDGE TINLEY: I have a motion and a second to pay
the bills. Any question or discussion? Question. Neal and
Neal Concrete, $25,300. Has that work been inspected and
approved?
COMMISSIONER OEHLER: It is completed, and it looks
very, very good.
JUDGE TINLEY: That tells me it's been inspected
and approved.
COMMISSIONER OEHLER: Well --
COMMISSIONER LETZ: I wouldn't know -- maybe not
officially, but --
COMMISSIONER OEHLER: I'm not sure what you mean by
"inspected," other than a visual.
JUDGE TINLEY: Have you looked at it?
COMMISSIONER OEHLER: I have.
JUDGE TINLEY: And you think it's good work?
COMMISSIONER OEHLER: I think it's good work.
JUDGE TINLEY: It's been inspected and approved.
COMMISSIONER LETZ: Glad you spoke up first.
COMMISSIONER OEHLER: You could have, you know,
gone ahead and said you did, too.
1-19-08
165
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: Well, I did.
COMMISSIONER WILLIAMS: I drove by it.
JUDGE TINLEY: I've not looked at it, but --
COMMISSIONER LETZ: It's not --
JUDGE TINLEY: -- I'll trust Commissioner Oehler's
judgment.
COMMISSIONER OEHLER: What we should do, too, is
thank Mr. Neal for -- for the amount of effort he put into
that, and he did not make any money out of it. That
basically was the cost of concrete.
JUDGE TINLEY: You're kidding.
COMMISSIONER OEHLER: You're talking about less
than $3 a square foot in today's $7 market.
COMMISSIONER LETZ: He did a --
COMMISSIONER WILLIAMS: Wow.
COMMISSIONER OEHLER: That's how much it -- that's
the reality of what happened.
COMMISSIONER LETZ: He did a really good job. Heck
of a deal.
COMMISSIONER OEHLER: Wasn't it 8,700 square feet
for $25,300?
COMMISSIONER LETZ: It was a good deal.
JUDGE TINLEY: Yeah.
COMMISSIONER OEHLER: I believe the math is pretty
easy to figure on that one.
1-14-08
166
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: Plus he did a good job.
COMMISSIONER OEHLER: He did a good job.
JUDGE TINLEY: Yeah, okay. I have a motion and a
second. Other question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. Do we have any
budget amendments?
MS. HARGIS: No.
JUDGE TINLEY: Any late bills?
MS. HARGIS: No, but I have a couple other things.
JUDGE TINLEY: Say what?
MS. HARGIS: I have a couple other things. At the
last Commissioners meeting, we had a bill for Sew What, y'all
may recall, for embroidery.
COMMISSIONER WILLIAMS: Yes.
MS. HARGIS: And you have done that in the past for
the other constables, and we went back and researched it.
So, these were -- and they've always taken it from that line
item. So, we kind of set a precedent, if we're not going to
do it there, so I'd like to release this check.
COMMISSIONER WILLIAMS: This is a clothing item?
COMMISSIONER LETZ: Uniforms.
1-14-08
167
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: Yeah, it's their jackets. These were
jackets, and I think one shirt. Two jackets and a shirt.
COMMISSIONER OEHLER: My statement to that is that
I believe if we're going to expend those funds for that
particular reason, we need to establish a line item that says
what that money's to be spent for. That is uniforms. That
is not -- not even miscellaneous. What it was under was --
COMMISSIONER WILLIAMS: Operating equipment.
COMMISSIONER OEHLER: -- operating equipment. And
operating equipment, to me, does not sound like uniforms.
COMMISSIONER WILLIAMS: I agree with you.
COMMISSIONER LETZ: I agree with you.
COMMISSIONER WILLIAMS: Can we adjust that and put
it in a line item it belongs in?
MS. HARGIS: If y'all vote for me to basically do a
budget amendment. So, let me put it on the next agenda.
COMMISSIONER OEHLER: We need to establish a line
item for that and put an amount of money so everybody gets
that in their budget, and not just --
COMMISSIONER LETZ: Some deciding to use it.
COMMISSIONER OEHLER: Yeah.
JUDGE TINLEY: And the basis upon which it's
authorized is that we're dealing with law enforcement
officers.
MS. HARGIS: It's uniforms.
1-14-08
168
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: And we provide those uniforms, for
example, to Sheriff's deputies.
COMMISSIONER OEHLER: Right.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER OEHLER: I have no problem with paying
the money. I have a problem with what it's coming out of.
COMMISSIONER WILLIAMS: Or how it's being charged.
COMMISSIONER OEHLER: That does not tell the public
what the money's being spent for.
COMMISSIONER WILLIAMS: And approving the bills,
was that in the bill list in time?
MS. HARGIS: No, that was the last time, and I
brought it back as a separate item this time.
COMMISSIONER LETZ: Okay.
MS. HARGIS: The Sew What, you asked me to bring it
back to you this time to clarify that it was uniforms, and
had we done it in the past. That was -- that's the way you
got it on last time.
COMMISSIONER WILLIAMS: So, do we need to have it
brought back a third time so that you can establish a new
line item?
MS. HARGIS: No, I just need to go ahead and be
able to release the check, and I will make sure -- we will do
a budget amendment and get it in the proper line item at the
next meeting.
1-19-08
169
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: Okay. Move we release the --
authorize paying that bill.
COMMISSIONER WILLIAMS: Did you move that?
COMMISSIONER LETZ: Yeah.
COMMISSIONER WILLIAMS: Okay. Second.
JUDGE TINLEY: We have a motion and second to pay
the Constable, Precinct 2, Sew What bill, with it being
placed into a uniform line item. Question or discussion?
All in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries. What else do you
have, Ms. Hargis?
MS. HARGIS: Well, we have some good news. In the
month of December, we received a total of $15,655.57 in
reimbursements from Sid Peterson Hospital in the form of
Medicaid reimbursements, and we have another 30,000 that's on
its way. The patients were eligible for Medicaid, and so
they're refunding us our money.
COMMISSIONER WILLIAMS: Good.
JUDGE TINLEY: That's Indigent Health care funds?
That has to go back in to be allocated to that account?
MR. EMERSON: I would throw two more cents in on
that, too, in that the lady that's running that at Sid
1-14-08
170
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
Peterson did catch two different people filing fraudulent
documents, and criminal charges have been filed.
COMMISSIONER OEHLER: Good.
COMMISSIONER WILLIAMS: Excellent.
JUDGE TINLEY: Okay. I talked with Ms. Taylor, and
she said that her replacement from over there was due to be
in schooling last week, I believe it was, in training, and
she was going to follow up. We were going to have a
discussion with her to make sure that they're holding the
line on their indigent health care, because here again --
MS. HARGIS: It is getting --
JUDGE TINLEY: Topped $70,000.
MS. HARGIS: We'll we've already had, I believe,
three -- three people to go over the $30,000 limit, so we've
got a lot of very large bills. In fact, there's a very large
hospital bill in this one, so we're really going to have to
watch that we don't go over what we budgeted. But receiving
that 45,000 back will be a big help.
JUDGE TINLEY: Mm-hmm. Anything else, Ms. Hargis?
MS. HARGIS: No, that's all I have.
JUDGE TINLEY: I've been presented with monthly
reports from Constable, Precinct 4; Constable, Precinct 1;
County Clerk, both General and Trust Fund; Constable,
Precinct 2; Justice of the Peace, Precinct 1; Justice of the
Peace, Precinct 4; Justice of the Peace, Precinct 3; and
1-14-08
171
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
Justice of the Peace, Precinct 2; District Clerk;
Environmental Health; Constable, Precinct 3, both November
and December of '07. Do I hear a motion that these reports
be approved as presented?
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Any reports
from Commissioners in connection with their liaison
assignments?
COMMISSIONER WILLIAMS: Got a couple quickies here,
Judge. AACOG responsibilities pick up again this week, and
I've been selected to be the vice chairman on Area W
leadership group for the ensuing year, as well as the vice
chair of the Alamo Area Development Corporation, and that's
the corporation that runs the one-stop shopping center
workforce. The other thing is not such good news. I'm not
sure that one was, either. (Laughter.)
JUDGE TINLEY: Were you absent that day,
Commissioner?
1-14-08
172
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: Yeah. Either that, or I
was asleep, one or the other. I had an e-mail on my computer
from Gary Miller of Cornerstone Programs, sent to me Saturday
morning. And he says, "Bill, heard late last night" -- this
is dated Saturday, January 12th. "Heard late last night,"
meaning last Friday, "Kerrville has been eliminated as a
potential site. T.Y.C. has decided at this time not to
pursue a secure setting for the FPP's for the younger-age
group. I will call you Monday and discuss this." I haven't
heard from him yet.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: There went the windfall.
COMMISSIONER LETZ: Darn.
JUDGE TINLEY: Well, don't know what the rationale
is, but based upon what's happened at T.Y.C., I'm not sure
i
that will be ultimately the last word.
COMMISSIONER WILLIAMS: I think you're right,
Judge. I think that's kind of an agency in disarray right
now, total disarray.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
COMMISSIONER LETZ: Just one quick thing, and this
is kind of to let y'all know a little thought process I'm
having, and I'll probably -- or may put it on the agenda
coming up. I've noticed a -- a great deal of press coverage
1-14-08
173
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
on City of Kerrville; there's articles there all the time. I
know what they're doing. I know they basically have a P.R.
department working over there writing articles for the
newspaper. Which is good; nothing against that, but it may
not be a bad idea for us to do that. And I think it probably
would be for all departments, and I'd probably put that on
the agenda; talk to one person who is willing to do it.
Probably should compensate that person a little bit for doing
it. Pretty nominal amount; couple thousand, something like
that, as an additional job function. But I'll visit a little
bit and then I'll bring it back when it's a little more
firmed up. If y'all have any ideas, let me know. That's it.
COMMISSIONER WILLIAMS: I think it's a good idea if
we select somebody who is -- has experience in public
'~ relations.
COMMISSIONER LETZ: Not really a P.R.; it's more
information items. I mean, write a story on the County
Attorney one time and the Animal Control, just different
departments, just to get the public really aware as to what
we do in county government. And I think it would go a long
ways for, you know, informing people.
COMMISSIONER OEHLER: Long as they'll print it,
we're in good shape.
COMMISSIONER LETZ: I can assure you, if you write
it, they'll print it.
1-14-08
174
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: Oh, okay.
COMMISSIONER LETZ: They're short on copy over
there usually.
COMMISSIONER OEHLER: Yeah, I can't see much paper;
it gets smaller every week.
JUDGE TINLEY: You got anything for us,
Commissioner?
COMMISSIONER OEHLER: Not too much. Stock show's
coming up this week.
COMMISSIONER LETZ: So's cold weather.
COMMISSIONER OEHLER: So is the stock show weather,
presenting itself just in a timely manner like it normally
does. And -- and Mr. Letz and I are going to do some sharing
of the pigs this year, as far as the announcing goes. He can
have them all if he'd like.
COMMISSIONER LETZ: I was there for many years.
COMMISSIONER OEHLER: I know. Well, I was too.
I'm thinking that we need to share the joy of doing that a
little more.
COMMISSIONER WILLIAMS: Great choice of words.
COMMISSIONER OEHLER: You need to wear old clothes,
'cause you need to throw them away when you leave there.
But, anyway, that's coming up. Everything seems to be going
real well with Environmental Health office. Ray Garcia and
the group down there and Tish are all working very hard.
1-14-08
175
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've been getting some -- some good comments from T.C.E.Q.
and Region 13. They're doing an excellent job, and they have
actually started writing some citations for some loads that
are untarped going through town spreading trash all over the
roads. They've written some warnings. They have written
some citations. They have also filed some cases for illegal
dumping, solid waste. They have issued a couple of, I know,
warnings to installers who may have started their process of
installing a system prior to a permit to construct. They're
on notice, so that maybe we can start getting a handle on
these things and making everybody follow the same process and
be fair to all. And they've done an excellent job of that,
and I want to commend them for that. Ag Barn. Well, we know
what's going on there pretty much. I think in February we'll
get some kind of a report back from our designer/planner guy
to have some ideas of where we need to proceed, and pick and
choose what we think is important out there.
JUDGE TINLEY: Do you see us having a workshop once
we start to get some of that --
COMMISSIONER OEHLER: Yes.
JUDGE TINLEY: -- in-hand?
COMMISSIONER OEHLER: Definitely a workshop for
that, and I believe we also need a workshop for our grounds
improvement of the courthouse square, where we all can have
input and decide what direction to go in.
1-14-08
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
176
COMMISSIONER LETZ: On that one, I've talked to Tim
quite a bit about that. I've got a lot of, you know, ideas
and ways to save a lot of money.
COMMISSIONER OEHLER: Yeah, I agree with saving
money and doing a good job. Anyway, that's about all I have,
except we got a Library Board meeting tomorrow, and I will
inform them of a report that -- the Court's request to get a
check for excess funds out of that budget from last year. We
haven't had a meeting since November, so I couldn't very well
do it. What we'll probably wind up doing is making a formal
request to the City to do just that, because otherwise we
probably won't get it. But I'm going to drop the bombshell
tomorrow, let them know, and then we will decide what we'll
do with the money in excess once we receive it.
COMMISSIONER WILLIAMS: Have any idea how much it
is?
COMMISSIONER OEHLER: Not exactly. They haven't --
they didn't know exactly. I've asked that question a couple
times. Somewhere between $15,000 and $20,000, I think.
COMMISSIONER LETZ: Pretty good chunk.
COMMISSIONER OEHLER: It is. It's worth -- you
know, and if it's left over, it doesn't need to go in the
general fund.
JUDGE TINLEY: Anything else?
COMMISSIONER OEHLER: Nope.
1-14-08
177
1
2
3
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
~~ JUDGE TINLEY: Any reports from elected officials?
Okay. It is 2:31, and we will go out of open or public
session to go into executive or closed session to consider
the items on the agenda that call for that.
(The open session was closed at 2:31 p.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
(Commissioners Baldwin and Letz not present.)
JUDGE TINLEY: Any member of the Court have any --
it's 3:06, and we'll come back into public or open session.
Does any member of the Court have anything to offer as a
result of matters considered in executive session?
li COMMISSIONER OEHLER: I'm trying to think what it
was we needed to make a motion on. I believe --
COMMISSIONER WILLIAMS: On the Road and Bridge, the
individual's name --
COMMISSIONER OEHLER: I don't know her last name.
JUDGE TINLEY: Kelly Hofer.
MS. HYDE: Hofer.
COMMISSIONER OEHLER: Kelly Hofer. I move that we
allow Road and Bridge to advance Kelly Hofer, already
employed by Road and Bridge, to administrative assistant
trainee for a period of 90 days, at an increase --
JUDGE TINLEY: 19-4, $2,000.
COMMISSIONER OEHLER: -- increase to her salary to
1-14-08
178
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
a 19-4.
MS. HYDE: At the end of 90 days, --
COMMISSIONER OEHLER: For a period of 90 days.
MS. HYDE: -- she gets another one.
COMMISSIONER OEHLER: To receive training to do
this job.
COMMISSIONER WILLIAMS: At that time, the end of 90
days, if successful, her salary will be increased another
$1,000.
MS. HYDE: Yes, sir.
COMMISSIONER OEHLER: Yes.
COMMISSIONER WILLIAMS: I'll second that motion.
JUDGE TINLEY: Motion made and seconded as
indicated.
MS. HYDE: Thank you.
JUDGE TINLEY: Any question or discussion on the
motion? All in favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER OEHLER: That's hard to spit out.
JUDGE TINLEY: Any other member of the Court have
anything further to offer? We will stand adjourned.
(Commissioners Court adjourned at 3:10 p.m.)
1-14-08
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
179
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 19th day of January,
2008.
JANNETT PIEPER, Kerr County Clerk
Kathy B nik, Deputy County Clerk
Certified Shorthand Reporter
1-14-08
ORDER NO. 30673
AUTHORIZE MAINTENANCE TO GO OUT FOR BIDS FOR ELECTRICAL,
PLUMBING, HVAC AND PEST CONTROL SERVICES
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 3-0-0 to:
Authorize the Kerr County Maintenance Supervisor to go out for bids for
electrical, plumbing, HVAC and pest control services.
ORDER NO.30674
COMMUNITY COUNCIL OF SOUTH CENTRAL TEXAS TO UTILIZE
YOUTH EXHIBIT CENTER
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Grant a 50% reduction in the normal rental fees, the same treatment as other
similar non-profit organizations, for the Community Council of South Central
Texas to utilize the Youth Exhibit Center.
ORDER NO. 30675
COUNTY EXTENSION AGENT- FAMILY AND CONSUMER SCIENCES
POSITION VACANCY
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner I_,etz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 4-0-0 to:
Appoint Renee Walls to fill the County Extension Agent -Family and Consumer
Science position in Kerr County, starting March 1, 2008.
ORDER NO. 30676
RESOLUTION IN St1PPORT OF HILL COUNTRY SHOOTING SPORTS
CENTER FOR FUNDING FROM STATE OF TEXAS ENTERPRISE FUND
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution in support of the Hill Country Shooting Sports Center,
Inc., and approve the application by the Hill Country Shooting Sports Center for
funding from the State of Texas Enterprise Fund, and authorize County Judge to
sign same.
ORDER NO. 30677
KERR COUNTY RABIES DRIVE REGISTRATION FEE
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Oehler seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Reduce the Registration Rate to $1.00 during the Kerr County Rabies Drive.
ORDER NO. 30678
FILING CASES OF CONCURRENT JURISDICTION BETWEEN 198TH AND
216TH DISTRICT COURTS AND COUNTY COURT AT LAW
Came to be heard this the 14th day of January, 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 Amended Order pertaining to filing certain cases of concurrent
jurisdiction between the 198`" and 216t" District Courts and County Court At Law,
of Kerr County, Texas, and authorize the County Judge to sign same.
ORDER NO. 30679
ROAD AND BRIDGE DEPARTMENT EMERGENCY RESPONSE
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Authorize the 5 foreman and the Road & Bridge Administrator, only, to take
county vehicles home.
ORDER NO. 30680
707 RANCH, LOT 1
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Final Revision of Plat for Lot 1, of 707 Ranch, Vol. 7, Page 347,
Precinct 4.
ORDER NO. 30681
ACCEPT VISTA HILLS DRIVE TO KERR COUNTY ROAD MAINTENANCE
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 4-0-0 to:
Upon the recommendation of the Road & Bridge Administrator, accept Vista Hills
Drive for Kerr County Road Maintenance.
ORDER NO.30682
LEASE/PURCHASE OF MAINTAINER
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the lease/purchase of a small maintainer by the Road & Bridge
Department.
ORDER NO. 30683
PRELIMINARY PLAT OF HEADWATERS RANCH, PHASES 1, 2 & 3
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Approve the Preliminary Plat of Headwaters Ranch, Phases 1, 2 & 3, Precinct 4.
ORDER NO. 30684
AMENDMENT TO REVISION OF PLAT, LOTS 2-11, PRIVILEGE CREEK
RANCHES
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 2-0-1 to:
Approve the amendment to the Revision of Plat, Lots 2-11, Privilege Creek
Ranches, Vol. 8, Page 21, Precinct 3.
ORDER NO. 30685
APPOINTMENT OF COMMISSIONERS TO ESD #2
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 3-0-0 to:
Re-appoint Evelyn Bloys and Ben Alves to 2-year terms, and appoint Debbie
White to a 2-year term as a new Commissioner on ESD #2.
ORDER NO. 30686
CELL PHONE CONTRACT WITH FIVE STAR WIRELESS
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 3-0-0 to:
Approve the cell phone contract with Five Star Wireless for all Kerr County
officials and employees (excluding law enforcement), and authorize the County
Judge to sign same.
ORDER NO. 30687
GRANT FROM LCRA TO PURCHASE DEFIBRILLATORS
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Accept a $3,810.00 grant from LCRA to purchase and install defibrillators on the
first and second floor of the courthouse, and authorize the County Judge to sign the
Grant Acceptance Agreement.
ORDER NO. 30688
DISSOLUTION OF KERR COUNTY JUVENILE FACILITY CORPORATION
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 3-0-0 to:
Approve filing Secretary of State report and dissolving the Kerr County Juvenile
Facility Corporation.
ORDER NO. 30689
INCREASE OF ATTORNEY'S FEES FOR DELINQUENT TAXES ON REAL
PROPERTY, AMENDMENT TO CONTRACT FOR COLLECTION OF
DELINQUENT TAXES AND AUTHORIZE INCREASE OF ADDITIONAL
PENALTY ON DELINQUENT TAX COLLECTIONS
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 3-0-0 to:
Authorize an increase in attorney's fees for delinquent taxes on real property from
15% to 20%, and adjust the language in the Order to reflect that the increase is
from 15% to 20% and not an additional 20%, including the Addendum to the
Delinquent Tax Contract to make the same adjustment.
ORDER NO. 30690
ADOPT KERB COUNTY'S OFFICIAL POSITION REGARDING
UTILIZATION OF KERB COUNTY AIRPORT AUTHORITY
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioners Oehler/Letz. The Court
unanimously approved by vote of 3-0-0 to:
Approve of the Position Statement for Kerr County as outlined and presented to the
Court and forward same, if approved, to the Attorney General, Greg Abbott, to be
included in his deliberations; and ask the County Judge to sign a letter attaching
same.
ORDER NO. 3 0691
STATEMENT OF GRANT AWARD FOR FY 2008 FORMULA GRANT FROM
TASK. FORCE ON INDIGENT DEFENSE
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 3-0-0 to:
Approve the Statement of Grant Award for FY 2008 Formula Grant from Task
Force on Indigent Defense, and authorize County Judge to sign same.
ORDER NO. 30692
RESOLUTION FOR SUBMISSION TO VICTIMS OF CRIME ACT GRANT
PROPOSAL FOR 2008-2009
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Approve the Resolution for submission of the Victims of Crime Act Grant
proposal for 2008-2009 to the Office of the Governor, Criminal Justice Division, to
fund the Kerr County Crime Victim's Coordinator Program for another year.
ORDER NO. 30693
BURN BAN NOTIFICATION PROCEDURES
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by vote of 3-0-0 to:
Authorize NRCS to participate in prescribed burns during a burn ban, and
authorize the County Judge to send a copy of that Court Order to the NRCS office,
attention Joe Franklin.
ORDER NO. 30695
DECLARE 10 METAL DESKS AS SURPLUS
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Declare the 10 metal desks as surplus.
ORDER NO. 30696
CONTRACT WITH TURTLE CREEK VOLUNTEER FIRE DEPARTMENT
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 3-0-0 to:
Approve Contract with Turtle Creek Volunteer Fire Department, and allow the
County Judge to sign same.
ORDER NO. 30697
LETTER OF SUPPOR"I' FOR KERRVILLE GARDENS AT CLEARWATER
APARTMENTS, L.P.
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court
unanimously approved by vote of 3-0-0 to:
Approve Letter of Support for Kerrville Gardens at Clearwater Apartments, L.P.,
development dedicated solely to independent living for seniors age 55 and older
for affordable housing units.
ORDER NO. 30698
CLAIMS AND ACCOUNTS
Came to be heard this the 14th day of January, 2008, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	277,708.72
14-Fire Protection	$	28,918.38
15-Road & Bridge	$	55,816.08
18-County Law Library	$	626.00
19-Public Library	$	36,972.25
26-JP Technology	$	2,825.00
50-Indigent Health Care	$	72,146.49
76-Juv Detention Facility	$	7,334.13
TOTAL
$ 482,3474.05
Upon motion made by Commissioner Williams, seconded by Commissioner
Oehler, the Court unanimously approved by vote of 3-0-0 to pay the claims and
accounts.
ORDER NO. 30699
CONSTABLE PRECINCT #2 BILL FOR UNIFORMS
Caine to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by vote of 3-0-0 to transfer the following expense codes:
Approve the payment of the bill to Sew What, Item #I-200712171369, from
December 27, 2007, for Constable Precinct #2, in the amount of $333.30, taking
the funds from a new line item to be created for Uniforms.
ORDER NO. 30700
MONTHLY REPORTS
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously
approved by vote of 3-0-0 the following monthly reports:
Constable Pct #4
Constable Pct # 1
County Clerk -General and Trust Fund
Constable Pct #2
JP # 1
JP #4
JP #3
JP #2
District Clerk
Environmental Health
Constable Pct #3 -November and December, 2007
ORDER NO. 3 0701
ROAD AND BRIDGE STAFFING
Came to be heard this the 14th day of January, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Allow Road & Bridge to advance Kelly Hofer, already employed by Road &
Bridge, to Administrative Assistant Trainee for a period of 90 days at an increase
to her salary to a 19/4, for a period of 90 days, to receive training to do this job,
and at the end of 90 days if successful, her salary will be increased another
$1,000.00.