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KERR COUNTY COMMISSIONERS COURT
Special Session
Wednesday, November 13, 2008
10:30 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
BRUCE OEHLER, Commissioner Pct. 4
(~
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2
I N D E X
November 13, 2008
--- Commissioners' Comments
1.1 Canvass the Official Election Results for the
2008 November General Election as per TEC X67
1.2 Consider/discuss, take appropriate action to
set a public hearing concerning the final
revision of plat for Lots 46-A & 47-A of
Cypress Springs Estates, Phase I, Volume 7,
Page 126, Precinct 4
--- Adjourned
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On Wednesday, November 13, 2008, at 10:34 a.m., a
special meeting of the Kerr County Commissioners Court was
held in the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Let me call to order this special
meeting of the Kerr County Commissioners Court posted and
scheduled for this time and date, Thursday, November the
13th, 2008, at 10:30 a.m. It is that time now. Because
there is a visitor's input section on the agenda, I will ask
if there's any member of the public or the audience that
wishes to be heard on any matter that is not a listed agenda
item for this meeting. Seeing no one coming forward, we'll
move on. Any Commissioners' comments? Baldwin?
COMMISSIONER BALDWIN: No, I don't guess.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Not yet.
JUDGE TINLEY: Okay. Letz?
COMMISSIONER LETZ: Just a real quick one. On the
county coalition topic, I have -- there's a meeting next --
well, the 20th, whenever that is, in Gillespie County for
anyone that wants to go. But -- and that will be kind of the
final meeting to look at the final draft of the two bills. I
~ met this week both with the Home Builders Association and
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with Representative Hilderbran and brought them up to speed
on where all that was. The Home Builders are going to -- or
do object to impact fees. The rest of it they're okay with.
The -- there's three items or four items; one's the cleanup
don't have a problem with any of those, but they are going to
object to and do object to impact fees, even though it's done
by county option, and I said I understood it. I said, you
know, I didn't know what the Court was going to do. They may
or may not want that on the -- in the resolution. There will
be a resolution on our next meeting about all this stuff that
some of the representatives, including Representative
Hilderbran, have asked to us weigh in on.
So, anyway, it's kind of moving along. But I was
actually -- I was very encouraged that the Home Builders were
agreeable to most of what we wanted to do, and I knew we
were -- just on that one point, I said I don't know how the
Court feels on that, if it's that critical or not. I said I
think there's -- I don't see a need for it, really, in Kerr
County at this time, impact fees, but I said I can see
counties that do have a need for it, and I said we may at
some point in the future. I said I don't think it's that bad
of a thing; depends how it's all implemented, but I said
that's why we went 395. And Representative Hilderbran was
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supportive of it. He did not commit to carrying the
legislation, but he said that he may. He just wanted to look
at it in final version and see who else is lined up on it.
So, anyway --
JUDGE TINLEY: Is that it?
COMMISSIONER LETZ: That's it.
JUDGE TINLEY: Commissioner Oehler, you got
anything you want to throw out this morning?
MR. OEHLER: No -- I'll just mention that we have
three bridges under construction up on Highway 39, two Smith
Crossings that we're redoing the bridges, and the Panther
Creek Crossing has just started, which is there prior --
right past Fisher Road. We had a bridge committee meeting on
Tuesday morning with TexDOT, and I think we're going to come
to an agreement with TexDOT on the Hunt Crossing and the
design that it's going to be -- how it's going to be built.
And we talked about Shoemaker Crossing, and I believe that
there's going to be some consensus on that one as well.
Those projects are scheduled to start sometime in '09, so
they need to get an answer from the committee. The committee
will vote and support or make changes on what's been
proposed, but more than likely, what they -- what was
proposed on Tuesday will probably be met with agreement by
the committee. That's it.
JUDGE TINLEY: Okay, thank you. Let's get to our
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agenda. The first item is to canvass the official election
I results for the 2008 November general election as per Texas
I
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'~ Election Code, Section 67. Ms. Alford?
MS. ALFORD: Yes, sir. Before y'all, you have the
canvass report of the general election, and I believe the
Judge has to read out the votes of each race -- each person.
I
~', COMMISSIONER OEHLER: Get your magnifying glass
there, Judge.
' COMMISSIONER BALDWIN: What does he read, the total
number and the percentage? Or just the percentage, or what?
MS. ALFORD: Total number.
COMMISSIONER BALDWIN: Total number.
JUDGE TINLEY: Of each race? Is that what you want
me to read into the record?
MS. ALFORD: Yes, sir, of each candidate.
JUDGE TINLEY: You want me to read the straight
party vote also?
MS. ALFORD: Yes, sir.
JUDGE TINLEY: All right. I will proceed, then.
Under straight party voting, Republican party, total of
10,564. Democratic party, a total of 2,563. The Libertarian
party, a total of 109. Over votes -- the cast votes were
13,236. The over votes were 1. Under votes, 9,445.
Now, in the individual races for president and vice
president, John McCain/Sarah Palin, a total of 16,752.
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Democratic, Barack Obama/Joe Biden, total of 5,570.
Libertarian, Bob Barr and Wayne A. Root, total of 156.
Jonathan Allen/Jeffrey D. Stath, one vote. Chuck
Baldwin/Darrell L. Castle, --
COMMISSIONER BALDWIN: Yes, sir.
JUDGE TINLEY: -- 22 votes.
COMMISSIONER BALDWIN: We're gaining on them there.
JUDGE TINLEY: Taddaus Hill/cordon F. Bailey, zero
votes.
COMMISSIONER BALDWIN: Didn't they even vote for
theirselves?
JUDGE TINLEY: They may not be registered voters in
Kerr County.
COMMISSIONER WILLIAMS: Probably aren't.
MS. ALFORD: Correct.
JUDGE TINLEY: I'm having a problem, why they even
put them on there. Apparently --
MS. ALFORD: These are the write-in candidates.
JUDGE TINLEY: -- they qualified by giving notice
as a write-in candidate.
MS. ALFORD: Yes, sir.
JUDGE TINLEY: Allen Keys/Marvin Sprouse, Jr.,
total of 13. Cynthia McKinney/Rosa Clements, one vote.
Brian Moore/Stewart A. Alexander, zero. Ralph Nader/Matt
Gonzales, 41. Total votes cast, presidential, 22,556. Over
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votes, 2. Under votes, 202.
United States Senator. Republican, John Cornyn,
16,249. Democrat, Richard J. "Rick" Noriega, 5,391.
Libertarian, Yvonne Adams Schick, 569. Total votes cast,
22,209. Over votes, 6. Under votes, 467.
For United States Representative, District 21,
Lamar Smith, Republican, 17,706. Libertarian, James Arthur
Strohm, 2,124. Cast votes, 19,830. Over votes, 4. Under
votes, 2,848.
For Railroad Commissioner, Republican, Michael L.
Williams, 15,576. Democrat, Mark Thompson, 5,074.
Libertarian, David Floyd, 789. Total cast votes, 21,439.
Over votes, 4. Under votes, 1,239.
Chief Justice, Supreme Court. Republican, Wallace
B. Jefferson, 15,919. Democrat, Jim Jordan, 4,888.
Republican -- or, excuse me, Libertarian, Tom Oxford, 735.
Total cast votes, 21,542. Over votes, zero. Under votes,
1,140.
For Justice, Supreme Court, Place 7, Republican,
Dale Wainwright, 15,395. Democrat, Sam Houston, 5,343.
Libertarian, David G. Smith, 733. Total votes cast, 21,471.
Over votes, 3. Under votes, 1,208.
For Justice, Supreme Court, Place 8, Republican,
Phil Johnson, 15,544. Democrat, Linda Reyna Yanez, 5,082.
Libertarian, Drew Shirley, 759. Total votes, 21,385. Over
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votes, 3. Under votes, 1,294.
For Judge, Court of Criminal Appeals, Place 3,
Republican, Tom Price, 15,187. Democrat, Susan Strawn,
5,445. Libertarian, Matthew E. Ellers, 684. Total cast
votes, 21,316. Over votes, 2. Under votes, 1,364.
Judge, Court of Criminal Appeals, Place 4.
Republican, Paul Womack, 15,820. Democrat, J.R. Molina,
4,660. Libertarian, Dave Howard, 818. Total cast votes,
21,298. Over votes, 3. Under votes, 1,381.
For Judge, Court of Criminal Appeals, Place 9,
Cathy Cochran, 16,974. Libertarian, William Bryan Strange,
III, 2,039. Total cast votes, 19,013. Over votes, zero.
Under votes, 3,668.
For State Senator, District 24, Republican, Troy
Fraser, 16,846. Libertarian, Bill Oliver, 2,258. Total cast
votes, 19,104. Over votes, 3. Under votes, 3,575.
State Representative, District 53. Republican,
Harvey Hilderbran, 17,568. Libertarian, Brian W. Holk,
2,013. Total votes cast, 19,581. Over votes, 2. Under
votes, 3,099.
Chief Justice, Court of -- Fourth Court of Appeals.
Republican, Ann Comerio, 14,629. Republican -- Democrat,
Catherine Stone, 6,605. Total votes cast, 21,234. Over
votes, 10. Under votes, 1,438.
For District Judge, 216th Judicial District,
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Republican, Keith Williams, 17,563. Total votes cast,
17,563. Over votes, zero. Under votes, 5,117.
For District Attorney, 198th Judicial District,
Republican, Amos L. Barton, 16,272. Democrat, Richard L.
Ellison, 5,277. Total cast votes, 21,549. Over votes, 3.
Under votes, 1,130.
For District Attorney, 216th Judicial District,
E. Bruce Curry, 17,494. Total votes cast, 17,494. Over
votes, zero. Under votes, 5,188.
For Justice of the Peace, Precinct Number 1,
unexpired term, Republican, David Billeiter, 4,641.
Democrat, Nancy Banks, 1,459. Total votes cast, 6,100. Over
votes, one. Under votes, 336.
COMMISSIONER LETZ: I'll make a motion to accept --
is that what we do?
MS. ALFORD: Yes.
COMMISSIONER LETZ: Make a motion we accept the
results as read by the County Judge.
COMMISSIONER WILLIAMS: I'll second it, but I have
a question I want to ask.
JUDGE TINLEY: Motion made and seconded. Questions
or discussion on the motion?
COMMISSIONER WILLIAMS: Thank you for the report;
it's really good. I have in front of me the Secretary of
State's returns from election night that were given to me
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from some of our political folk out in the -- out in the
street area.
MS. ALFORD: Yes, sir.
COMMISSIONER WILLIAMS: And there's a disparity in
terms of -- of what we're reporting to the Secretary of State
and what the Secretary of State's reporting back. I was just
curious as to why that might have happened. This is the
report -- your numbers today of 24,671 are pretty close to
what you reported the night after election, which was 24,558.
MS. ALFORD: Mm-hmm.
COMMISSIONER WILLIAMS: Secretary of State's
office, the next day, comes back and says there are 22,527,
or about a 65 percent vote ratio, as opposed to the
j 70 percent -- or 73 percent you report. Any idea why -- why
that would be the case?
MS. ALFORD: Yes, sir. This total number -- the
24,671 includes the Hunt ISD, the Center Point ISD voters in
that number.
COMMISSIONER WILLIAMS: Oh, okay. And not just the
general election, as we know it?
MS. ALFORD: Correct. That's --
COMMISSIONER WILLIAMS: Okay, thank you.
MS. ALFORD: It's over beyond. Those are included
in that.
COMMISSIONER BALDWIN: In addition to that, you
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have all of your -- the 50 that came in from the
out-of-country, and --
COMMISSIONER WILLIAMS: Military ballots.
MS. ALFORD: Yes, sir. That's why that number went
up.
COMMISSIONER WILLIAMS: Okay, thank you.
Appreciate the answer.
JUDGE TINLEY: Other questions? 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.
MS. ALFORD: Thank you.
JUDGE TINLEY: We will move to the other item on
I the agenda --
COMMISSIONER WILLIAMS: Lee's smiling. Must be
something down on the agenda.
MR. VOELKEL: It's got to be me.
COMMISSIONER WILLIAMS: Don't you have something to
I do?
MR. VOELKEL: No, I do not.
JUDGE TINLEY: The second item on the agenda is to
consider, discuss, take appropriate action to set a public
hearing concerning the final revision of plat for Lots 46A
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and 47A of Cypress Springs Estates, Phase I, as set forth in
Volume 7, Page 126, Plat Records, and located in Precinct 4.
COMMISSIONER OEHLER: What is the date we can --
the earliest date we can have that?
COMMISSIONER BALDWIN: I thought she had a
recommendation.
JUDGE TINLEY: It was on the last agenda, and I
didn't attach it.
COMMISSIONER OEHLER: Most of those were set on the
8th of December, but I'm not sure that gives us -- we can't
do it.
MR. VOELKEL: That's too soon. Could do it the
22nd if y'all meet on the 22nd.
JUDGE TINLEY: We couldn't have done it on the 10th
of November -- or the 8th of December, anyway.
MR. VOELKEL: That's correct. It was --
COMMISSIONER WILLIAMS: It would be the second
meeting in December.
COMMISSIONER OEHLER: Be the second meeting in
December. We're meeting the 8th, so 14 on that would be 22.
COMMISSIONER LETZ: Are we going to have a long
agenda or a short agenda? Sometimes we -- I mean, this -- it
makes no difference to me.
COMMISSIONER WILLIAMS: Well, we have to decide,
because the second meeting date is the 24th, and I think
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we're closed on the 24th.
JUDGE TINLEY: 22nd.
December.
you?
COMMISSIONER WILLIAMS: Sorry.
MR. VOELKEL: 22nd.
COMMISSIONER WILLIAMS: Wrong month, pardon me.
COMMISSIONER BALDWIN: Bill, get it right, would
COMMISSIONER WILLIAMS: I got it right. 22nd.
COMMISSIONER OEHLER: Well, it doesn't take very
long to have a public hearing, normally.
COMMISSIONER LETZ: I mean, I'm fine with having a
long agenda on that day.
COMMISSIONER OEHLER: I move that we set a public
hearing on the agenda item, on the revised plat, 46 -- what
was it, 46A?
COMMISSIONER LETZ: 46A and 47A.
COMMISSIONER OEHLER: And 47A, for December 22nd,
2008, at 10 o'clock.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to set a
public hearing on the final revision of plat for Lots 46A and
47A of Cypress Springs Estates, Phase I, as set forth in
Volume 7, Page 126, Plat Records, for December the 22nd,
2008, at 10 a.m. Question or discussion on the motion? All
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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. Okay.
We've got the information agenda here.
COMMISSIONER BALDWIN: I move we pay the bills.
Just thought I'd throw that out. No?
COMMISSIONER WILLIAMS: Just in case?
COMMISSIONER BALDWIN: Just in case there are some.
That was a joke.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Any member of the Court have
anything further to offer?
COMMISSIONER WILLIAMS: Just one quickie. I met
yesterday afternoon out at Road and Bridge with the engineer
on Kerrville South Wastewater IV and City Engineer, Mike
Wellborn, and Road and Bridge people to talk about some
easement situations we're going to have to deal with, and
about boring under Ranchero Road to get from one side of the
pond to the other side of the pond, and we also talked about
some other potential things looking down the pipe. I was
given the other day in court -- and this is what I really
wanted to mention to the Court. When the fellow from Comfort
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was here --
COMMISSIONER LETZ: Keith Marquardt.
COMMISSIONER WILLIAMS: Yeah, Keith Marquardt was
here. At the end of the meeting, he gave me an e-mail that
he'd received from Grantworks -- one of the Grantworks people
talking about the -- the need for any projects of any scope
i
that could be cobbled together quickly for purposes of
consideration in the next economic stimulus bill, which
Congress is going to heap zillions of dollars onto. And, so,
a lot of things come to mind, but I just wanted to bring it
to the Court's attention. If there are things that we really
would like to consider and put together a summary -- an
executive summary of the type of proposal -- of the project,
and some estimated -- quick estimate of costs, it wouldn't
hurt us to put some bait on the water and see what happens.
That's all I got.
JUDGE TINLEY: Do you see a -- do you see maybe a
C.C.C. type -- mini C.C.C. type situation coming down the
pike?
COMMISSIONER WILLIAMS: I see it right on the
horizon, Judge.
COMMISSIONER LETZ: What's a C.C.C.?
JUDGE TINLEY: Civilian Conservation Corps.
Franklin Roosevelt.
COMMISSIONER WILLIAMS: Yes, indeed.
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JUDGE TINLEY: In the '30's, W.P.A.
COMMISSIONER OEHLER: We're not old enough to know
that, Jonathan.
COMMISSIONER LETZ: That's right.
COMMISSIONER BALDWIN: I tell you, what was wrong
with that? I haven't seen what was wrong with that. Look at
I! all the -- you go to these state parks and see all the stuff
that they have done.
', COMMISSIONER WILLIAMS: They did a lot of public
I works .
COMMISSIONER BALDWIN: Unbelievable.
JUDGE TINLEY: That's -- that's what bootstrapped
the country out of the depression.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER LETZ: But people worked back then.
COMMISSIONER BALDWIN: But people worked.
COMMISSIONER LETZ: That's not going to work if
they do it again.
COMMISSIONER WILLIAMS: May not be to the extent or
magnitude of the original, but I see something coming.
That's all I got.
JUDGE TINLEY: Well, Commissioner, a thought occurs
to me.
COMMISSIONER LETZ: Ag Barn?
JUDGE TINLEY: If you've got some ideas there,
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other Commissioners do, why don't we initially pour them to
you to put them together with whatever you see on the horizon
with east Kerr and so forth, and --
COMMISSIONER WILLIAMS: Doesn't hurt.
JUDGE TINLEY: -- maybe we can figure out a way to
get them up there under somebody's nose to maybe get us some
dough.
COMMISSIONER LETZ: What -- I mean, I guess -- Rex
isn't here; you're a lot easier. (Laughter.)
COMMISSIONER OEHLER: I was going to say, there's a
difference between comments and discussion.
COMMISSIONER WILLIAMS: We're under commissioners'
comments .
MS. BAILEY: I think there's too much commenting
going on.
COMMISSIONER LETZ: What do you do with the list?
Anyway, that --
COMMISSIONER WILLIAMS: I'll -- Jon, I'll get more
information on that. It's coming down from Grantworks.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: How we proceed with it, I
don't know. I just wanted to call it to the Court's
attention.
COMMISSIONER LETZ: Because one that sort of comes
to mind is the airport and Mooney, because there's some
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situations -- okay, I'll be quiet.
COMMISSIONER WILLIAMS: Hear no evil, see no evil.
JUDGE TINLEY: Okay. Anything else, folks? We're
adjourned.
(Commissioners Court was adjourned at 10:57 a.m.)
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 14th day of November,
2008.
JANNETT PIEPER, Kerr County Clerk
~(~. ,~>
Kathy Banik, Deputy County Clerk
Certified Shorthand Reporter
11-13-08
ORDER NO. 31099
CANVASS 2008 NOVEMBER GENERAL ELECTION
Came to be heard this the 13th day of November, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court ~ulanimously
approved by a vote of 4-0-0 to:
Approve, as submitted and read by the County Judge, the canvass of the 2008 November
General Election.
ORDER NO. 31100
CYPRESS SPRINGS ESTATF,S, PHASE I, FINAL REVISION OF PLAT FOR LOTS
46-A & 47-A
Came to be heard this the 13th day of November, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz, the Court unanimously
approved by a vote of 4-0-0 to:
Set a Public Hearing for December 22, 2008 at 10:00 a.m. for the Final Revision of Plat
for Lots 46-A & 47-A of Cypress Springs Estates Phase I, Volume 7, Page 126, located
in Precinct 4.