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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, October 13, 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

O
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I N D E X
October 13, 2008
--- Commissioners' Comments
1.1 Consider/discuss, approve amending Court Order
No. 31031, replacement of election judges and
alternates for term of one year in accordance
with Texas Election Code
1.2 Consider/discuss, take appropriate action
to approve nominations of Mark T. Cowden and
Thomas L. Moser to Kerrville/Kerr County Joint
Airport Board
1.3 Consider/discuss, take appropriate action to
amend current burn ban order
1.7 Consider/discuss, take appropriate action
to accept the resignation of Elizabeth Hughes
from Emergency Services District 1
1.8 Consider/discuss, take appropriate action to
reappoint Ron Vick to Kerr 911 Board of Managers
1.4 Consider/discuss, take appropriate action to
approve electrical, plumbing, HVAC, and pest
control contracts
1.12 Consider/discuss, take appropriate action to
rescind Court Order No. 30817 declaring the
old Environmental Health vehicles as surplus
and allow 2000 Jeep Cherokee to be used as a
courthouse vehicle
1.5 Consider/discuss, take appropriate action
to approve resolution for Dietert Center to
assist them in qualifying for their grant
application to the Texas Department of
Agriculture for home-delivered meals
1.14 Consider/discuss, take appropriate action to
reappoint Precinct 2 Commissioner Williams to
the AACOG Board of Directors for a new term to
expire December 31, 2010, and forward
appropriate notification to AACOG
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I N D E X (Continued)
October 13, 2008
1.15 Consider/discuss, take appropriate action to
approve 2009 resolution for the Indigent
Defense Grant program
1.6 Open bids for courthouse windows
1.13 Consider/discuss, take appropriate action on
Kerr County filing an appeal with the TWDB
concerning desired future conditions set for
the Edwards Trinity Aquifer by GMA-9
1.9 Consider/discuss, take appropriate action to
approve a tax exemption under Property Tax
Code for the B.P.O. Elks, Kerrville Lodge #2081
1.10 Public Hearing concerning final revision of
plat for Lots 11 & 12 of Four Seasons Addition,
Precinct 1
1.11 Consider/discuss, take appropriate action to
accept final revision of plat for Lots 11 & 12
of Four Seasons Addition, Precinct 1
1.16 Consider/discuss, take appropriate action to
approve rules relating to format of ESD No. 1
and ESD No. 2 audit and report
1.17 Consider/discuss, take appropriate action
regarding policy and procedures for Hill
Country Youth Exhibit Center
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
1.18 Consider/discuss, take appropriate action on
employee issue (Executive Session)
--- Adjourned
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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: Okay. Good morning, ladies and
i
gentlemen. Let me call to order this regular meeting of the
Kerr County Commissioners Court posted and scheduled for this
date and time, Monday, October 13th, 2008, at 9 a.m. It is
that time now. If you'd please rise and join me in a word of
prayer, followed by the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, 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, feel
free to come forward at this time. If you wish to be heard
on a particular agenda item, we would ask that you fill out a
participation form. They're located at the back of the room.
It's not absolutely essential that you do that; it just helps
me to make sure that I don't skip over you when we get to
that item. If we get to a particular agenda item that you
wish to be heard on and you haven't filed a participation
form, get, my attention in some manner; I'll see that you
have the opportunity to be heard. But right now, if there's
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any member of the public or the audience that wishes to be
heard on any matter that is not a listed agenda item, come
forward at this time. Seeing no one coming forward, we'll
move on with our agenda. Commissioner Baldwin, you got
anything for us this morning?
COMMISSIONER BALDWIN: No, I don't -- I don't have
any county business. On a personal note, yesterday was my
lovely housewife's birthday, and I did something very special
for her, and I want you guys to kind of take note. I took
her to lunch in Eagle Pass, Texas.
COMMISSIONER WILLIAMS: Wow.
COMMISSIONER BALDWIN: Yeah. That's all.
JUDGE TINLEY: You can't talk about anything else,
I of course.
COMMISSIONER OEHLER: They have McDonald's down
~, there, too?
COMMISSIONER BALDWIN: Well, yeah.
COMMISSIONER WILLIAMS: Tacos cheaper down there?
COMMISSIONER BALDWIN: Tacos are good. Enchiladas
are good.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: I have nothing, Judge.
Thank you.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Just a quick update on the
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county-to-county group that I've gotten saddled with or stuck
with or volunteered for; not sure what happened. The Judge
had me go to the first meeting, then he abandoned me. But
written by U.T. Law School right now, and I'm the one meeting
with the law students, which helps a little bit. One is
going to be a cleanup of 232. Don Allee in Kendall County
has done most of it, but it's really going through -- and
just one of the types of things is up under the very
beginning part, where we always have the issue that says
roads, alleys, parks, and all that stuff. We're adding the
word "easement" there so it's real clear that easements are
covered by that. Things of that nature. That's really not
changing, I don't think, really what any county is doing in
the area, but it makes it a little bit cleaner. And trying
the get rid of -- changing some of the titles when we're
talking about, you know, urban counties, and it's not
applicable in the whole state, things of that nature.
The other bill is just a -- one that I'm not so
it's going to be under a -- going under Section 231, to add
additional specific authority to hill country counties. And
it'll have things covered -- the good thing about it is, it
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will be by county option, and a pick and choose as to what
you want on that, and it will either be by vote of
Commissioners Court or vote by the public, but it'll have
things that -- everything from impact fees to a lot more
property reg -- or land use regulations.
COMMISSIONER BALDWIN: They'll like that a lot more
in Austin.
COMMISSIONER LETZ: Yeah. And it's, you know, not
all bad, not all good. The fact that there's a local option
and it can be a pick and choose as to what is approved helps
a lot. Some of the counties, I think, you know, there's some
need for it. Impact fees, I'm getting less and less warm to.
I think it's just a fight that's not worth fighting. But,
anyway, so there's -- that's kind of where it's going, but
something should be coming out by the end of -- middle of
November, I think.
COMMISSIONER WILLIAMS: When will that be ready for
review by the group?
COMMISSIONER LETZ: The bills?
COMMISSIONER WILLIAMS: The drafts, yeah.
COMMISSIONER LETZ: The drafts, I think it will be
the middle of November. There's also a resolution that they
-- that the group has put together for commissioners courts
to -- just to look at with a little bit more explicit things,
and we're itemizing there as well. So, I said that I just --
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And the	other	thing, wind	farms aren	't	on the -- no
Wind	farms	are becoming	a hot --	hot	topic,
especially in Gillespie County, but also in Kerr County,
'cause the lines are coming through Kerr County. There's two
to four, depending on how you look at it, lines, each
180-foot-wide right-of-ways that are coming from the
northwest to Comfort -- or one of them's going out of Comfort
back up through Kerr County. And the Judge and I met with
some people from Gillespie County a week or so ago, got up to
speed a little bit about that, and we're going to be working,
probably -- or I'll be working, probably, with Commissioner
Williams on a resolution. That -- and it will be somewhat
similar to what we did on the other power lines, as basic
guidelines that we hope the P.U.C. follows when they're
picking their routes. But these are -- there's some
pretty -- potentially pretty big impact to land, and
certainly in the eastern part of the county. They're big
lines. That's about it.
JUDGE TINLEY: Commissioner Oehler?
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COMMISSIONER OEHLER: I have several things, one of
them being we had the Mountain Home Volunteer Fire Department
fundraiser over the weekend, and it was well-attended,
a crony, I guess you might say, but one of the fixtures of
the Hunt area for a long time, Lloyd Crenshaw, is very ill.
He had a stroke and a heart attack about a week or so ago,
and is in intensive care in San Antonio, and don't believe
the old boy's going to make it. I think this is going to be
his last -- he's 92, or turned 92 back in May. Been around
up in that area for a long time, and has been barbecuing,
cooking, whatever, with the Hunt Fire Department group for
many, many years. So, we'll keep him in our prayers.
COMMISSIONER BALDWIN: He's the governor of Hunt.
JUDGE TINLEY: That's right.
COMMISSIONER OEHLER: He is the governor of Hunt,
re-elect people out there in Hunt.
COMMISSIONER OEHLER: No, they just die.
COMMISSIONER BALDWIN: When it's over, it's over.
COMMISSIONER OEHLER: They just die. But, anyway,
kind of sad, but old Owen's lived a pretty colorful life, and
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budget that was approved after the fact, that I believe that
mean, not election; county employees and elected officials
and department heads got a certain amount of percentage of
raise. The elected officials and department heads,
8.12 percent, if I'm correct. And, somehow or another, the
County Auditor got a higher percentage than that, and I'd
like to know why that was done and how come it was done above
what we gave our -- what was approved by this Court to give
our elected officials and department heads. That number has
increased since her beginning work in '06-'07 budget, which
came -- actually, her -- she came in '07, same time I did.
From that time of $60,000 approved salary by the District
Judges, it has now gone to over $75,000, and by my rough
calculation, that's over 25 percent in two years, and I'd
kind of like to know how that came about and see if there's
not some way to correct that back to what our employee -- our
department heads and elected officials receive.
COMMISSIONER BALDWIN: How is it -- from last year
to this -- this budget we're in right now, this new thing,
how's it compare with what we -- what we approved?
COMMISSIONER OEHLER: Well, I believe, by our
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budget book, somehow she got into 67,000 and some-odd number
last year. Within that first year, it went up over
11 percent. And then this year, I believe, if you calculate
it out, it's over 10 percent on top of that. That gets you
up to the 25 percent. And I just think it's unfair for one
individual to receive more than what was approved by this
Court for everybody else. That's the end of my argument and
my statement.
COMMISSIONER BALDWIN: Good question.
JUDGE TINLEY: With regard to the county-to-county
thing, Jon, I apologize for bailing out on you. As you know,
it was right after that thing got started that I got into my
incentives committee meetings on those same Fridays for a
period of several months, so --
COMMISSIONER BALDWIN: Jon, it's a little bit late
for him, this apology thing to come about, isn't it?
JUDGE TINLEY: Could be, but I -- I needed to
respond, of course, so that the record would be clear. There
were at least a couple of us that were the guests of
K.P.A.S., Kerrville Performing Arts Society, at their 25th
anniversary opening event yesterday. Commissioner Williams
and I were there. A nice event, San Antonio Symphony. That
organization has come a long ways in 25 years. It started
from virtually nothing, and they put on some really major
productions. And those of you that are interested in those
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cultural type activities, why, you may want to take a look at
what they have upcoming. The -- the budget numbers with
regard to the Auditor's office are driven by the District
Judges, as I'm sure all of us know here. When those District
Judges issue an order and say, "Here it is," I think we're
obligated to follow it, and that's what the Government Code
says. And maybe you want to take that up with those folks.
COMMISSIONER OEHLER: I intend to.
JUDGE TINLEY: Be my guest.
COMMISSIONER OEHLER: To find out if they knew that
they were doing that over and above what was approved by the
majority of this Court, and I will ask the question of them.
JUDGE TINLEY: Have at it.
COMMISSIONER OEHLER: I will.
COMMISSIONER WILLIAMS: Can I do one quickie,
Judge?
JUDGE TINLEY: Sure.
COMMISSIONER WILLIAMS: There is a -- the school
board election in Center Point this year, for a variety of
reasons, I guess, has attracted nine candidates for four
spots, and coming up on the 20th, the Center Point Alliance
for Progress will do its candidate forum, so all of those
candidates for school board can understand what the issues
are and what the public wants to know about. Also, it gives
me an opportunity to introduce to Center Point folks, since
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I'm moderating that event, Dr. Gordon Morgan, who the Court
knows moved from Precinct 1 to Precinct 2, and is now an
unopposed candidate for re-election to the --
JUDGE TINLEY: Headwaters.
COMMISSIONER WILLIAMS: -- Headwaters Board. So,
folks over there need to get to know him a little better.
JUDGE TINLEY: Commissioner, I think there's also a
forum for the Hunt School Board coming up.
COMMISSIONER OEHLER: There is.
JUDGE TINLEY: And there's some pretty hotly
contested issues out there, both as to those positions on the
school board, as well as two proposition bond elections, is
it not?
COMMISSIONER OEHLER: That's exactly true.
They're -- I think that forum, I believe, is on -- is it on
the 20th?
COMMISSIONER WILLIAMS: That's when this one is,
too.
COMMISSIONER OEHLER: Irene? I can't remember
exactly. I'm going to stay in my own area.
MS. VAN WINKLE: I'll call you.
COMMISSIONER OEHLER: That is my area, but I don't
live in that school district. So, that -- that has really --
that school board election and bond election has divided that
community unbelievably. I've never seen that happen in that
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area before, but there are -- it's very, very controversial.
COMMISSIONER LETZ: I wish that it would spread
east to Comfort. Not the controversy, necessarily, but the
interest in running for the school board. Because --
COMMISSIONER OEHLER: There's eight candidates in
Hunt running for four spots.
COMMISSIONER WILLIAMS: Yeah, you have the same
situation I have.
COMMISSIONER OEHLER: Mm-hmm. And I think you have
one group that's trying to gain --
COMMISSIONER LETZ: Majority.
COMMISSIONER OEHLER: -- majority for one side of
the bond issue, and the other group for the other side.
JUDGE TINLEY: Yeah, my understanding is there are
two slates of candidates of four each.
COMMISSIONER OEHLER: And they are being promoted
with signs on the side of the highway.
COMMISSIONER WILLIAMS: Signs and vigor, huh?
COMMISSIONER OEHLER: Signs and phone calls and ads
in the newspaper, and -- very interesting.
COMMISSIONER LETZ: School board elections are
interesting when they get controversial.
JUDGE TINLEY: Okay. If we've got nothing else,
let's go forward with our agenda. Item 1, the Clerk has
asked that I pull that particular item.
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Judge.
COMMISSIONER WILLIAMS: I thought we did that,
COMMISSIONER BALDWIN: We did.
JUDGE TINLEY: We did one similar to that, I think,
but I'm not sure if it was that one. It may -- so we'll go
to Item 2; consider, discuss, and take appropriate action to
approve the nominations of Mark T. Cowden and Thomas L. Moser
to the Kerrville/Kerr County Joint Airport Board. I got a
message this morning just before we got started that
Mr. Bobertz was not going to be able to be here. He, of
course, did want the item to go forward. Commissioner
Williams, do you want to run with it?
COMMISSIONER WILLIAMS: Yes, sir, I'll be happy to
speak to it, Judge. The Airport Board has reviewed several
candidates for the two open position, and have sent the names
over, which are Mark T. Cowden and Thomas L. Moser. I think
everybody on the Court knows Mark Cowden. He lives in
Bruce's precinct, heads up the Security State Bank operation
here in Kerr County, and he's a good, solid citizen, and I
believe personally would make a fine addition to the Airport
Board. The one that you may not know is Tom Moser. Tom
lives on Ranch House Road, which is in Creekwood Estates in
Precinct 2, and he too is a really, really solid citizen.
And if you take a look at his bio, you'll see where he's
coming from in terms of his background, which is aeronautics,
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and if I'm not mistaken, he either succeeded or preceded --
I've forgotten which; I think succeeded -- Larry Griffin as
head of the Texas Aeronautical Agency for then Governor Bush,
and his background is in aeronautics and space travel and so
this Court approved earlier, who also comes with a tremendous
background in aviation, and Roger Bobertz, who continues, and
Steve King, who we all know, and I think the board is off and
running on a good -- in good shape. I -- I couldn't be more
pleased at the two names that came over, and I really think
this board now is positioned to do good things. So, Judge, I
would move -- and others may want to make comments, but I
would move the approval of Thomas L. Moser and Mark T. Cowden
for appointment to the Airport Board.
COMMISSIONER LETZ: Second.
motion?
COMMISSIONER LETZ: Additional comment. I think
he's a pilot, or has a pilot's license. Not real active now,
but he certainly has business experience, so he's bringing
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board. I think he's a great selection. Tom Moser -- I don't
know Tom well, but looking at his resume, he's bringing a lot
of that same economic development on more of a national
level, or certainly state level, based on some of his other
positions and people he knows, and certainly has a great
knowledge of the aeronautical industry. So, I think those
two look good to me. I know, you know, from what I know of
them and the other ones, it's going to be a board that's
going to set policy and have the Airport Manager implement
it. They're not going to micromanage, but I think it's
really important out there for the time being -- or always,
but I think that they're the kind of people we need out
there, and I think it's -- there is a -- I couldn't be
happier to finally get there.
JUDGE TINLEY: Other questions or comments?
COMMISSIONER BALDWIN: I just want to make a
comment about the two guys. I don't know Mr. Moser, but I
can say this; that if -- if he did anything anywhere near
what Larry Griffin has done, he's our guy. I can tell you
that right now, and he's obviously a very bright -- very
bright man. The other candidate is several generations in
Kerr County, so he has a genuine interest in our community
and has been a long -- his family has a long history of
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leadership in our community, and just a -- truly, a quality,
quality guy. That's all.
JUDGE TINLEY: Any other question or comment?
COMMISSIONER WILLIAMS: I see board member Steve
King just walked in.
COMMISSIONER BALDWIN: Oh, god.
COMMISSIONER WILLIAMS: Very timely appearance.
MR. KING: Sorry, didn't get the call.
COMMISSIONER BALDWIN: Can we just vote real quick?
MR. KING: Didn't know it was on the agenda. I
talked to Jonathan Friday.
JUDGE TINLEY: That's what we got in front of us
now. Steve, glad you could be here.
MR. KING: Want me to say a couple things?
JUDGE TINLEY: Surely. Surely.
MR. KING: Sorry about that.
COMMISSIONER WILLIAMS: You didn't come prepared to
speak, but you will?
MR. KING: Whoa, I guess you have more stuff than I
do. Both guys we offered up to you guys -- Mark Cowden has
obviously been in the community -- neither one of them are
here because they didn't know about it.
COMMISSIONER BALDWIN: They do know about the
appointment, though?
MR. KING: We're pretty sure they do know about
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that.
COMMISSIONER BALDWIN: They will tomorrow.
MR. KING: They will tomorrow. No, they do, and
they wanted to actually come. I was under -- we thought it
was going to be the next -- the next situation. Anyway, Mark
has been in the community for a long time, and served on
numerous boards. And we interviewed him, and he's quite --
he's a pilot. His family's a pilot, obviously, his dad and
everyone. He's a great guy, and he's willing to -- willing
to serve, and we think he offers a lot to the board. Tom
Moser, the other candidate -- Tom has a -- do y'all have a
resume on Tom?
COMMISSIONER WILLIAMS: Yeah.
MR. KING: He has a very voluminous resume. His
resume is pretty big. He's a former NASA -- NASA guy, you
know, one of the -- directed a lot of programs at NASA, all
the way from the -- the lunar landing all the way to the
shuttle. So, he's had a lot of experience, and in writing
reports and -- and as far as long-term goals and stuff like
that. We felt like he could really help in that position.
He's got a lot of -- he was appointed by the governor,
obviously, on the space commission, which was the Aerospace
Commission, which actually now is a form -- is an arm of the
economic development for the state of Texas, and he was
Governor Bush's appointee for that and worked with Governor
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Bush on that, and he's a great guy. He wants to serve. He's
excited about it, and I think he's going to make a great,
great board member. All right. Any other questions?
JUDGE TINLEY: Mr. King, we thank you for your
expertise and talent that we have in this community, with the
kind of credentials such as Mr. Moser's, such as Mr. Vogt.
These folks are absolute experts in the field.
MR. KING: And I want to thank Commissioner
behind me. He lives on the property right behind me, but I
-- I really didn't know his background and everything. But
we looked -- after we looked at his background, we had a lot
of other candidates; we had a lot of good candidates. We
interviewed a bunch of them, and these two just stood out.
And Tom was one of the last candidates we interviewed, and he
just -- we feel like what we looked for was someone who could
offer something to the board, not just serve on the board,
because we needed -- we need -- we're going to need a lot of
help in the coming year to reorganize this thing and get it
going in the right direction. We think we got it going the
right direction, and -- and these -- both of these gentlemen,
we think, offer quite a bit to the board to help us out.
JUDGE TINLEY: Well, I think --
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COMMISSIONER BALDWIN: Thanks, Steve.
JUDGE TINLEY: -- approving these two gentlemen
will give that board an opportunity to be fully constituted
and up and running and ready to roll.
COMMISSIONER BALDWIN: No more excuses?
JUDGE TINLEY: Wonderful thing. No, I didn't say
no more excuses, Buster.
COMMISSIONER BALDWIN: Well, that's what I heard --
kind of heard you say. (Laughter.)
JUDGE TINLEY: Any further question or discussion
on the motion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 3; consider, discuss, take appropriate action to
amend current burn ban order. You can go get you some --
some weather hours in that aircraft now.
MR. KING: I'm going to go take a shower now.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: I received an e-mail from -- I
can't think of his name -- Keith. Keith --
JUDGE TINLEY: Spenrath?
COMMISSIONER LETZ: No. It will pop up in here in
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front of me in a minute.
COMMISSIONER BALDWIN: Keith Blair.
COMMISSIONER LETZ: Keith Blair.
COMMISSIONER WILLIAMS: Thank you, Commissioner.
COMMISSIONER LETZ: And it relates to -- I guess he
looked at our burn ban order, and there is a -- a section of
the state law that we have not -- according to him, he didn't
feel we had covered in our burn ban that we keep in effect
year-round; that is, that certified burn managers can burn
whenever they want, bottom line, and we have no control over
limiting when or when they cannot burn. And I am familiar
with that. The issue has been, up until now, that -- because
the Legislature passed it several years ago, but there was no
way for these guys to get the insurance that was required by
the statute. And there is a company -- I believe it's out of
Colorado -- now that does write this type of insurance for
burn managers, and there's about 13 or 14 around the state
now. Not a whole lot of them, but he is one of them. And he
thought that we should amend our permanent burn ban to comply
with this provision of state law, and I see no problem doing
that. I concur, because I don't think there's really a
requirement that they do what they -- you know, their law
trumps ours anyway, but --
COMMISSIONER OEHLER: That would make it
consistent.
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COMMISSIONER LETZ: Yeah.
JUDGE TINLEY: I recall that being a discussion
when we were talking about renewing the burn ban order, and
it was discussed, and my recollection of the discussion at
the time was that, you know, they're exempted by statute, so
whether we say anything about it or not, they're -- they're
good to go.
COMMISSIONER LETZ: Right. And I think they just
wanted it more sort of for clarity from their standpoint,
because if they're out -- anyway, I'll make a motion that we
amend our burn ban order to include this applicable provision
that's attached of the state law.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval as indicated. Question or discussion on the motion?
All in favor of the motion, signify by raising your right --
COMMISSIONER BALDWIN: Aye.
SHERIFF HIERHOLZER: I just have a question. Is
there a way, Jonathan, that we can get a list of who in this
county are certified burn managers?
COMMISSIONER LETZ: Everyone in the state that's
certified, there is a -- I can get a link to you of everyone,
'cause the State keeps track of it. 'Cause it's pretty
lengthy requirements.
SHERIFF HIERHOLZER: For when we run across it.
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COMMISSIONER LETZ: Yeah.
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: The motion does carry. Let's go to
Item 7; consider, discuss, take appropriate action to accept
the resignation of Elizabeth Hughes from the Emergency
Services District Number 1. Commissioner Oehler?
COMMISSIONER OEHLER: Elizabeth agreed to serve.
We appointed her not very long ago, and she has some family
issues with her mother that she's not going to be able to
serve, so I move that we accept her resignation from the ESD
Number 1.
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.
(No response.)
JUDGE TINLEY: The motion does carry. We'll go to
Item 8; consider, discuss, take appropriate action to
reappoint Ron Vick to the Kerr 911 Board of Managers.
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Commissioner Baldwin.
COMMISSIONER BALDWIN: That's it, exactly what it
says. And I move for approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: Now I can call Mr. Vick and
ask him if he'd like to serve. But that's the way you do
things here. (Laughter.)
COMMISSIONER WILLIAMS: Oh, yeah.
COMMISSIONER LETZ: Don't give them a choice.
COMMISSIONER BALDWIN: Don't give them a choice.
Just appoint them and go on.
JUDGE TINLEY: You get less resistance, don't you?
COMMISSIONER BALDWIN: That's exactly right.
JUDGE TINLEY: Okay. It appears to be 9:30-ish;
we'll go ahead and call Item 4. Consider, discuss, take
appropriate action to approve electrical, plumbing, HVAC, and
pest control contracts. Mr. Bollier?
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MR. BOLLIER: I have reviewed all of these, and my
recommendations for the -- for the plumbing bid is Whelan
Plumbing, and they were the only bid. And pest control is
Hill Country -- I would recommend -- I recommend Hill Country
Pest Control. They were the lowest bid. And HVAC only had
two bids, and I recommend that we go to Kerrville Service
Company. They were the lowest bid. And for electrical, I
had no bids.
COMMISSIONER WILLIAMS: Who do you use on
electrical now?
MR. BOLLIER: I use D.W. Electric, and I intend to
keep using them, if that's okay with the Court.
JUDGE TINLEY: They were awarded the bid last year,
as I recall?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Under this same process?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the recommendations of the Maintenance
Supervisor. Question or discussion on that motion? All in
favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
MR. BOLLIER: Thank you, sir.
JUDGE TINLEY: Okay. Let's go to Item 12, if we
might. Consider, discuss, and take appropriate action to
rescind Court Order Number 30817 declaring the old
Environmental Health vehicles as surplus, and allow the 2000
Jeep Cherokee to be used as a courthouse vehicle.
Commissioner Baldwin?
COMMISSIONER BALDWIN: Exactly what it says. The
only -- the only comment I want to make is that we have the
old Cherokee in service. I saw it at 8 o'clock this morning
leaving the facility, going to the bank or wherever it was
going, and I think this thing's working really well. I
really like what I'm seeing in this thing. Jody, do you
agree?
MS. GRINSTEAD: I agree.
COMMISSIONER BALDWIN: Thank you very much for your
comment, young lady. And I move for approval of the agenda
item, Judge.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? Commissioner, I note that
the agenda item says Environmental Health vehicles, plural.
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Is that going to remove the second one from the surplus also?
COMMISSIONER BALDWIN:' Yes, sir.
JUDGE TINLEY: Okay. Thank you, sir. That's the
second jeep. There are two of them.
COMMISSIONER BALDWIN: There's two jeeps, and we --
we have one at the courthouse, and then there's another one
going in service in another part of the county system.
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: The Sheriff's shaking his
head; it must be going to the Sheriff's Department.
COMMISSIONER BALDWIN: Yeah, but that's undercover.
We can't talk about it.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER LETZ: Judge, we have another 9:30.
JUDGE TINLEY: Oh, I do have another 9:30?
COMMISSIONER OEHLER: Yeah, you have a 9:30 there.
JUDGE TINLEY: I was looking at the 9:45. I
apologize. And to you, Ms. Woods, I apologize. We'll go to
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JUDGE TINLEY: Thank you for what you do.
MS. WOODS: Well, thank you. First, I want to
thank the County for your incredible support of the Dietert
Center for all these past several years. If y'all hadn't
been supporting our effort, we wouldn't have been able to
apply for this grant last year. We -- just to recap real
quick, the Texans Feeding Texans grant program was set up by
the Department of Agriculture to fund unfunded meals for
home-delivered meal providers. Last year, we did about
18,000 meals, and the original information we had said the
grant would fund up to a dollar for each meal that was
unfunded. So, we thought 18,000 would be really a great gift
for us. As it turned out, we ended up getting $75,000. Too
few providers were able to apply for the grant, either
because their county didn't make a gift towards them like
y'all do to us, or they just didn't know about it. This year
we've got about 21,000 meals, and it's based on the unfunded
meals from your previous fiscal year. So, they've been
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promoting this a great deal, so we're not anticipating
getting much more than a dollar per meal, but that still is
incredible help for our program. What I'm here to ask y'al
basically says you certify that we are a home-delivered meal
provider, and that you also approve our accounting system or
fiscal agent. So, I hope that you again will help us with
this. Certainly, it's a grant that would make a huge
difference for our program. And we very much appreciate the
fact that you've been able to grant us funds each year to
support our efforts in this area.
JUDGE TINLEY: It's my understanding that there
have been additional counties that have been providing
financial support to their homebound meals, Meals on Wheels
programs,	in order	to	qualify	for this	program, because
there's a	-- there'	s	a minimum	match,	as it were, from
counties?
MS. WOODS: That's correct, yes. I think it has
been able to spur a little bit more support in other counties
that weren't as forward thinking as y'all are, to support the
elderly in their community, which I think is part of the idea
behind the Department of Agriculture as well. There are some
counties that put folks on a waiting list. They will only
provide the meals that they have government funding for.
We've never done that at the Dietert Center, and knock on
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wood, I hope we're never in a position where we have to do
that, because folks in their home, sometimes that meal is the
one thing that helps them remain independent and be where
they want to be. So, so far, we've never created a waiting
list, and we sincerely hope that we won't have to.
COMMISSIONER WILLIAMS: Tina, the number 21,000 is
-- is the '07-'08 number? Number of meals served?
MS. WOODS: Our fiscal year just completed.
COMMISSIONER WILLIAMS: Okay.
MS. WOODS: It ended September 30th.
COMMISSIONER WILLIAMS: And that's -- 21,000 is
over 18,000 from the previous year; is that what you said?
MS. WOODS: Yes.
COMMISSIONER WILLIAMS: Is it continuing to rise?
MS. WOODS: Mm-hmm.
COMMISSIONER WILLIAMS: The number of
home-delivered meals?
MS. WOODS: Yes. We're up to 233 a day now.
COMMISSIONER WILLIAMS: Wow.
MS. WOODS: I think when I visited with y'all last
year, we were about 218, 220. So, it does continue to
increase. We're at a point right now where we're getting a
second route in midtown Kerrville. We have 13 routes now;
we're going to 14, just to meet the demand that's out there.
So, we know folks are using this service and need it.
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COMMISSIONER WILLIAMS: Are your congregant meals,
always a donation, but as y'all know, the folks of Kerr
County are going to pay their way. And we had seen our
congregant diners decrease. We took the lead -- well, Boerne
had reduced their congregant meal suggested donation because
they were experiencing a dropoff as well, so we did that in
September, and our average congregant diners went up to 81
for the month of August. So, folks want to pay their way,
but we now ask for a $3 donation. It doesn't cover our
costs, of course, but we need to have folks be able to come
in and eat. We also weren't able to pull down some of our
contract dollars because we had too few diners, so there's --
as you know, Commissioner Williams, there's a balance between
what AACOG will fund and the program income you report. So,
our board, at the last meeting, passed that we would continue
the $3 donation through the end of this year, because we
really think -- we did a survey of those who weren't coming
any longer, and the number-one thing that they listed was the
donation was too high. So, by dropping that, that really did
make it available for more folks.
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COMMISSIONER WILLIAMS: And --
COMMISSIONER LETZ: Ms. Woods, I --
COMMISSIONER WILLIAMS: Go ahead, Jon.
COMMISSIONER LETZ: The third "Whereas" says the
County to approve organization's accounting system. Is that
something that's done under -- I mean, do we need a formal
action? Have we ever done that, formally approved y'all's
system? I mean, is it --
MS. WOODS: I know. Last year, that was in the
resolution also.
COMMISSIONER LETZ: Right.
MS. WOODS: I don't know that you've officially
approved it. All of our accounting is audited by Pressler
Thompson annually. We do an invoice monthly to the Alamo
Area Agency on Aging. I guess I should have brought another
copy. It's about this thick, where we account for every meal
that's been provided or delivered, and they watch very
closely what we are doing. So --
COMMISSIONER LETZ: Would -- or it says "or fiscal
agent," which I presume the fiscal agent is Pressler
Thompson. Is that what -- I mean, it says County to approve
organization's accounting system or fiscal agent.
COMMISSIONER WILLIAMS: This is a sample
resolution. We really need to clean this up and put it in
our own format.
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COMMISSIONER LETZ: Right, but I'm sure we need
that language, though.
MS. WOODS: Yes.
COMMISSIONER LETZ: I think it's -- it's kind of a
technicality thing. We may need to formally do that at some
point, so that we approve -- so they don't come back and say,
"Well, you know, show the documentation that you approve
their accounting system."
COMMISSIONER WILLIAMS: That's a good point.
JUDGE TINLEY: As an agency that receives grant
funding, you provide -- you obtain outside audits and provide
those audits to state and federal type agencies in connection
with all your funding grants, do you not?
MS. WOODS: Oh, yes, absolutely. And, in fact,
y'all get a copy of our audit.
JUDGE TINLEY: I recall having seen one previously,
~ yeah .
COMMISSIONER LETZ: I think it would be just a
simple thing just to approve their audit. I mean, something
like that. Just 'cause -- but since it is a requirement that
we approve it, it seems to me we have to formally approve it
at some point.
COMMISSIONER WILLIAMS: We can clean up that
language when we clean up the whole thing. I move approval
of the resolution -- of the sample resolution of support for
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Dietert for a grant application.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval as indicated. Question or discussion? Ms. Woods,
in connection with your Meals on Wheels program, I'm given to
understand that that is essentially a -- a lifeline, really,
both ways, for a lot of these elderly shut-ins, as it were.
The route driver is able to check on these folks and be in a
position to really kind of be an angel to them if the need
arises to alert emergency personnel, family members, or
whatever.
MS. WOODS: Oh, definitely. Definitely. That's
one of the requirements, is that, as drivers, they're
supposed to give the meal to the recipient and have contact
with them. And we've got a process that if, for some reason,
they're unwell or they notice some change in their ability to
function on their own, then we have emergency contacts that
we notify. My husband and I deliver in the Center Point area
now, and there was a gentleman one day that, when we went,
that was just very weak; he could hardly stand up. So I was
able to call back to the office, and his daughter was
notified. And he had -- he had a new chemotherapy drug that
had made him ill, so his daughter was able to go over right
away. So, yes, that's a very important piece. And in many
cases, that volunteer driver is the only person that some of
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these folks see on a daily basis, and they get very attached.
It's -- it's very rewarding for both entities to be able to
provide this service. And we have some that have been
driving for us for 20 years, and they're seniors too, the
vast majority of them. So, it's a great program.
JUDGE TINLEY: Yeah, it is.
COMMISSIONER WILLIAMS: Judge, I note with interest
on the letterhead that Alan Massey of the accounting firm
Massey and Itschner is the treasurer of this organization, so
they're probably in pretty good...
JUDGE TINLEY: You don't think they're going to get
in the ditch?
COMMISSIONER WILLIAMS: I don't think so.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Tina Woods, you made a
comment earlier, and I'm just -- you said, "Knock on wood."
MS. WOODS: Mm-hmm.
COMMISSIONER BALDWIN: I just wondered, do you use
that everywhere you go? Or --
MS. WOODS: Yes.
COMMISSIONER BALDWIN: I mean, that's pretty cute.
MS. WOODS: When you run a nonprofit agency, you
never know what's going to happen.
COMMISSIONER BALDWIN: Pull all the stops, huh?
MS. WOODS: Yes. Yes, we do whatever we can to
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make it happen.
COMMISSIONER BALDWIN: Very good.
JUDGE TINLEY: Further question or discussion on
the item? 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.
MS. WOODS: Thank y'all so much.
JUDGE TINLEY: Thank you, Ms. Woods, for your work.
MS. WOODS: Appreciate it.
JUDGE TINLEY: Okay. Let's go to Item 14;
consider, discuss, take appropriate action to reappoint
Precinct 2 Commissioner Williams to the AACOG Board of
directors for a new term, to expire December 31, 2010, and
forward appropriate notification to AACOG.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on that 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.)
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JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: Congratulations, Bill.
COMMISSIONER WILLIAMS: Appreciate it.
JUDGE TINLEY: Bill's been doing that work for a
number of years now, and he's stalwart there.
COMMISSIONER BALDWIN: Yeah, him and Ron Vick.
JUDGE TINLEY: Let's move to Item 15; consider,
discuss, take appropriate action to approve the 2009
resolution for the Indigent Defense Grant program.
Ms. Hargis.
MS. HARGIS: We have submitted the grant, and as a
requirement of the grant application, the Commissioners Court
needs to approve the resolution for the grant program itself.
JUDGE TINLEY: We don't get much money, but we get
some.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on that motion?
COMMISSIONER BALDWIN: Just a quick question. We
have submitted -- we've already submitted it?
MS. HARGIS: Right.
COMMISSIONER BALDWIN: And now we're approving --
MS. HARGIS: The resolution.
COMMISSIONER BALDWIN: -- the resolution.
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MS. HARGIS: That's the requirement.
COMMISSIONER BALDWIN: Does this go along with --
MS. HARGIS: The grant, yes. We have to mail in
the resolution before the grant application is a true
application.
COMMISSIONER BALDWIN: Thank you.
JUDGE TINLEY: Further question or discussion on
that motion? All in favor of that motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. It looks as
though we're close enough to 9:45. We will go to that
particular item. Item 6, open bids for courthouse windows.
Jon and his magic knife.
COMMISSIONER BALDWIN: We had some bids?
COMMISSIONER LETZ: We had some bids.
COMMISSIONER WILLIAMS: This time we did, yeah.
JUDGE TINLEY: Okay. The first bid that we have is
from D & D Construction. Looks like they're bidding on the
entire -- all of the options. Want me to read into the
record the totals on these?
COMMISSIONER LETZ: Sure.
JUDGE TINLEY: It appears that the base bid,
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aluminum wood-clad, single-hung and fixed windows, total
149,668. Alternate bid for all aluminum 3000, single-hung,
fixed windows, 83,579. Door replacement, 27,100. Upgrading,
COMMISSIONER BALDWIN: What does "upgrading" mean?
JUDGE TINLEY: Well, the bid on the -- on the
doors, maybe it was just the doors that was -- that just says
"door replacement." Appears to be a single -- no, that's
going to be both -- both -- all the doors. Rather than
totally replacing, just upgrading what is there. Okay. The
next one we have is from Allen & Allen. These are tied to
the options in the bid. Option A is single fixed sash,
176,062.52. Adding a gray tint would bring the bid to
186,143.56. Option B would be a double sash offset window,
176,543.26. Adding gray tint -- the parenthetical is,
"closest to existing in appearance" -- would bring it to
188,435.51. Option B, double sash with no offset,
144,101.56. Adding a gray tint would bring it to 152,702.
Front door replacement, 7,261.87. Sidney Baker door and
window combination replacement, 7,553.67. The same amount
for the Earl Garrett door and window combination replacement.
Option C, double operating awning sash with gray tint
windows, 181,830.13. Extensive bunch of bids here.
COMMISSIONER LETZ: Tim has his work cut out trying
to figure these out.
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(Low-voice discussion off the record.)
JUDGE TINLEY: Okay. The next bid we have is from
Foxworth-Galbraith. Replace approximately 77 windows per
specifications published, $217,985. Replacement of front
door per specifications, $36,070. Replacement of door on
side of courthouse per specifications, 16,395. Let me make
sure there's not some additional...
COMMISSIONER OEHLER: You got a big clip.
COMMISSIONER LETZ: While you're doing that, if I
could ask the County Attorney a question, or if you can look
at -- at these bids, it seems at one point we were
thinking -- or talked about, anyway, of not knowing for sure
what we were going to do exactly with these windows. I mean,
we're going to replace them, or we would like to. Is there
any flexibility? I mean, if you just look at how we
advertised it, if we have to actually accept these exact
bids, or if there's any negotiating that we can do based on
the lowest bid. Does that make sense?
MR. EMERSON: Sort of.
COMMISSIONER LETZ: I mean, it's just kind of like
-- I mean, is there any way we -- to get us into kind of like
a professional service type thing? You know. I mean, 'cause
I -- it's -- this is real hard to figure out, how this type
of a project -- to get the specs out that are uniform. So,
if you could just look at it. And the Auditor is already
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shaking her head no, so -- but I don't -- if you could look
at how we advertised it as to what our flexibility is on
accepting these bids, I'd appreciate it. And there's
probably no flexibility, but --
JUDGE TINLEY: I think we're under the general bid
statute.
COMMISSIONER LETZ: I think you're probably right.
COMMISSIONER OEHLER: I have another question, too,
for the County Attorney. You know, this is a -- this is a
lot of money that's going to be spent to do some necessary
maintenance of this courthouse, and would it be possible for
us to not put this whole burden on Tim to come back and give
us a recommendation on which bid is the one he thinks we
ought to accept, and get somebody that is professional in
this field to review these? And then -- I think we're using
Peter Lewis for the Ag Barn project. I don't know whether we
need to do something in the next meeting, maybe put it on the
agenda to authorize somebody else to review these along with
Tim, but I hate to put all this on our maintenance man, who
is knowledgeable about a lot of things, but this is a pretty
sizable amount of money we're going to spend, and --
COMMISSIONER BALDWIN: Plus -- you're exactly
right, I think. 'But, plus, you -- we're not -- I didn't hear
apples and apples and oranges and oranges, which is where Jon
was going with his statement.
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COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: And I agree with you;. we
either go that route, or we need to have a powwow with the
County Attorney, one of the two.
COMMISSIONER LETZ: I think it's a good idea, and I
think Peter is a good choice, 'cause we're using him for
another project. I think he'd do it for no cost.
COMMISSIONER BALDWIN: We really like Peter; he'll
do it for nothing.
COMMISSIONER OEHLER: We heard that. He just
obligated him, no charge.
COMMISSIONER WILLIAMS: I think it's a great idea.
COMMISSIONER OEHLER: But I just really -- you
know, I would hate to put that on our maintenance man to make
that decision, and us -- you know, because I believe there
is -- there are apples and oranges in these bids. It's not
all -- they're not all consistent from one to the next.
JUDGE TINLEY: The agenda item is not styled in a
manner to authorize us to do that, I don't think. We're
probably going to have to come back with a new agenda item.
And -- and I share your concern. I anticipated that it would
be submitted to be reviewed by more than just our Maintenance
Supervisor. I was thinking I might be in on that group,
since I started running with this ball.
COMMISSIONER OEHLER: Right.
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JUDGE TINLEY: And probably have been since day
one. But I would appreciate somebody that has real
professional experience and knowledge about these things,
because it's not something that I know fully about. Tim
certainly knows more than I do, but --
COMMISSIONER OEHLER: I'm going to try to make a
motion here, and I'll see if it works. I'll move that we
accept all bids as presented, and refer them -- that we have
the County Clerk hold those bids until such time they can be
reviewed.
MR. EMERSON: I didn't hear all of that, but I
think at this time, all you're doing is opening the bids.
JUDGE TINLEY: Accepting them, and depositing them
'~ with the County Clerk until the Court authorizes further
action, is where he's going.
COMMISSIONER OEHLER: That be okay?
MR. EMERSON: Sure.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Did I hear a second?
COMMISSIONER LETZ: Yes, sir.
JUDGE TINLEY: Okay. We have a motion and a second
as indicated. Question or discussion on that motion? All in
favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. Okay.
COMMISSIONER LETZ: Thirteen won't take long.
JUDGE TINLEY: Okay. Let's go to Item 13;
consider, discuss, and take appropriate action on Kerr County
~I filing an appeal with Texas Water Development Board
concerning the desired future conditions set for the
Edwards-Trinity Aquifer by Ground Management Area 9.
Commissioner Letz?
COMMISSIONER LETZ: I put this on the agenda just
to kind of get some, really, direction from the Court. At
the meeting that I think all of us were at, they set -- GMA-9
set the desired future conditions for the Edwards-Trinity
Aquifer, which is a plateau area, essentially. And they set
it at zero increase from a 2008 level. Now, there's a lot of
questions that I haven't had answered totally as to what that
means, how they're calculated, what that means. I visited
with Headwaters. They're very much aware that this was going
to be on our agenda, that we're looking at doing this.
They're not -- they're -- I met with Ms. Summerlin and their
General Manager. They do not object to us filing an appeal,
and it's kind of, I guess, tentatively maybe viewed as a
friendly appeal from their standpoint. They are in a kind of
a rock and a hard place. They have to continue to work with
GMA-9. This was set over their objection by GMA-9, 'cause
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it's	-- each county	gets	one vote,	or each	water district
gets	one vote, and	this	passed on	an 8-to-	1, with Headwaters
voting against it. But, at the same time, they klna o~ ~eei
a little bit concerned about them filing an appeal, because
they've got to work with these people; they don't want to
get -- when it gets to the Trinity Aquifer, they don't want
to get the same thing to happen. They want to continue to
try the work with GMA-9, so they're not -- they don't really
-- they're not upset with us doing this.
I visited with Bill Mullican with the Water
met with their modeling people and a number of others.
They -- based on what I told them my concerns were, which is
basically the model that was used, the criteria used using
2008, which I'm not sure how they picked that year. And,
really, what it means, they're encouraging an appeal, sort
of. I mean, they can't say, "File an appeal," but they
certainly didn't object to us and say, "Hey, that's a bad
idea." They thought it was probably a good idea, based on
what I told them. So, I just wanted to -- before I go down,
you know, and put together an appeal type package, I wanted
to know if the Court is interested in being involved in this.
Region J is also going to be looking at it, but I didn't know
if the Court wanted, you know, me to bring this back as an
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appeal to pursue it from the county standpoint.
COMMISSIONER BALDWIN: Jon, the -- I've got a
question for you. What -- what is the reason -- I mean, you
have to have a specific reason to appeal something. I see it
as -- we can probably go back to our very first conversation
when we started talking about groundwater, and that is the
lack of science. It appears to me we have another group here
that's launching off into some area where they really and
truly don't know all that's going on down there. Now, if it
-- if it's -- if it's a reason like that, then, you know,
I'll help you spell some cuss words or whatever it takes.
But if we are filing an appeal and it's not going to do any
good, that's not going to do anything, I don't know that Kerr
County needs to be signing off on anything. But if -- but if
we have a shot at really appealing and changing something
here, let's do it.
COMMISSIONER LETZ: Well, what -- how the process
works, what you -- the statute language is you appeal the
reasonableness of the desired future condition. I mean, you
know, don't you love the Legislature?
COMMISSIONER BALDWIN: Let's appeal that, 'cause
that doesn't make any sense.
COMMISSIONER OEHLER: None whatsoever.
COMMISSIONER LETZ: I mean, so it's a very vague
appeal criteria. One of the problems -- and this is a -- to
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me, this appeal is a whole lot easier than a Trinity appeal
would be. I've tried to be real quick on it and simple. The
Edwards-Trinity, when it rains, it fills up the aquifer.
Wells pumping down the spring -- or wells drain it and
springs drain it; the rains fill it up. It's a continuous
in the drought of record, the springs dried up. So, you can
never reach the desired future condition, because we know
nature will make those -- that aquifer go lower than 2008,
because most of those springs dried up in the mid-'50's. So,
I mean, it's -- it doesn't make any sense. It's a totally
illogical D.F.C. that they've set, and that's my -- it's not
reasonable because nature makes it not attainable, and to me,
that makes it not reasonable.
COMMISSIONER WILLIAMS: Would you say, Jon, that
it's -- it was an arbitrary level that they picked? 2008's
an arbitrary time, arbitrary level, without any basic science
behind it, and without taking into -- into account any of the
conditions that you've enumerated, and there are probably a
lot more?
COMMISSIONER LETZ: I mean, I think -- I don't -- I
can't explain why they did it. Only thing I can say a little
bit is they set the desired future conditions based on a
water level, or a monitor level of the aquifer, which makes
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sense for aquifers at the Trinity Aquifer -- Middle and Lower
Trinity, 'cause it isn't directly related to the rainfall. I
mean, there's a recharge component to it, but it doesn't fill
up right away. And this is really the only aquifer in GMA-9
that acts like this. You know, it rains, fills it up. So,
to me, it was -- you know, I really have no idea why they set
it; it makes no sense to me, other than the statute says that
they have to have it -- something -- it has to be set in some
way that's quantifiable. And "quantifiable" means a water
level in the aquifer or spring flow. Those are the two kind
of criteria Water Development Board has. Spring flow's real
hard to measure. Except in this situation, I think you
measure the three forks of the Guadalupe River, or three
branches of the Guadalupe River. There's monitors and, you
know, flood -- or water level -- flood monitors -- flow
gauges at all three of the confluence of those three
branches, so we know that it can be measured. And, to me,
that's a lot better way to do it. But the other reason is
that I think the whole D.F.C. thing is stupid, personally.
And I think the appeal is a way -- my son gets mad; I can't
say that word.
JUDGE TINLEY: He's a well-trained young man.
COMMISSIONER LETZ: That's right. But it's a -- I
think that it is a way to elevate this whole issue that the
Legislature has, put it out a little bit more publicly, and
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to our representative. He has asked that -- you know, myself
and Headwaters and Region J, other -- you know, U.G.R.A. try
to come up -- get together and speak with one voice. And
we're trying to do that, and think I we can do it pretty
easily on this one. And Representative Hilderbran is going
to be in a position, hopefully, to -- if committee
assignments come out the way it's anticipated, he will have
some influence, and could be chair of that committee. And I
think it's real important that we get a single up to them,
and also put GMA-9 on notice a little bit that people are
watching what they're doing, and that they have to -- you
know, before -- I mean, the first part of the appeal, it goes
back to them to kind of look at it, and they can keep it from
ever really getting to Austin. But we do not -- you know,
from talking with Bill Mullican at Water Development Board,
we don't need to spend a whole bunch of time or money, I
should say, on an appeal and trying to fight it. We can
pretty much say the reasonableness, because it doesn't make
sense, kind of as I've outlined here. And it goes -- the
process, then it goes to the Water Development Board, and
they're the ones that make the decision. That's pretty
political.
COMMISSIONER BALDWIN: Is this appeal, is this a
letter from the County Judge? Is this a -- what? I mean,
how does --
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COMMISSIONER LETZ: It will probably be --
COMMISSIONER BALDWIN: Get a lawyer to walk in
and --
COMMISSIONER LETZ: I think I can probably write
it. I'll be writing one for Region J, too. Then I think the
Court will approve it. The appeal will probably be a format
letter that we'll probably authorize the Judge to sign or
something like that.
COMMISSIONER WILLIAMS: I think we should do it.
COMMISSIONER OEHLER: I agree.
COMMISSIONER LETZ: Okay. I'll proceed on doing it
and just keep -- you know, and do it as a county appeal as
well as a possibly Region J appeal.
JUDGE TINLEY: You don't feel like you need any
specific authorization from the Court at this time? When you
have the appeal ready to be filed, then you'll come back to
the Court for authorization?
COMMISSIONER LETZ: Right.
JUDGE TINLEY: To formally file it?
COMMISSIONER LETZ: And it'll be several months
away. I just wanted to get it on the agenda to kind of get
some feedback.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Okay. We've got a couple of
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52
10 o'clock items. Let's go to the first one. Item 9 is to
consider, discuss, and take appropriate action to approve tax
exemption under Property Tax Code Section 11.184 (b (1) for the
B P.O. Elks, Kerrville Lodge Number 2081. Mr. Jim Keefe.
MR. KEEFE: Good morning, gentlemen.
JUDGE TINLEY: You're with us again.
MR. KEEFE: Nice to see y'all. Haven't changed
the last time. At the last meeting that we were
Commissioner Letz about how many other organizations are
already exempted. We got a list from the -- the Chief
Appraiser of the Appraisal District, and in this, he says he
attempted to clean up the file by taking out property owned
by taxing entities, governmental entities, volunteer fire
departments, religious camps, cemeteries, et cetera. I don't
know what the "et cetera" means. But, anyhow, he then
attached a list, which I have given to you folks. All the
other properties that are already exempted totals up to over
$24 million in appraised value. So, I don't know if that
answered all your questions. Were there any questions left
over from the last meeting?
COMMISSIONER BALDWIN: How -- how much money are we
talking about with the Elks issue?
MR. KEEFE: Last year we paid $1,027 and some odd
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COMMISSIONER BALDWIN: County -- county?
MR. KEEFE: County taxes.
COMMISSIONER BALDWIN: $1,000.
COMMISSIONER LETZ: A question I have is a little
bit on the process. I mean, by looking at this list, you
know, I don't have a problem with the Elks being tax -- being
included on that list. The question is, how does that
happen? Is it -- I mean, and I know it's before us to -- it
says approve them, you know, but I guess I'm asking the
County Attorney to look at this. Is that what -- have you
looked at this issue? In particular, as to --
MR. EMERSON: I've looked at this issue a couple of
times, and I'm going to give you the same answer. I'm going
to refer you back to Jerry Shievers, your tax attorney in
Austin, to give you the exact procedures, since it is a tax
issue.
COMMISSIONER WILLIAMS: On your point -- that's a
good point. I don't recall any of these people coming before
Court as the Elks did seeking to be exempted, so why -- what
precludes the Elks from going to the -- following their
II~' wishes and desires by going straight to the Appraisal
District? These folks never came before us.
MR. KEEFE: The answer to that, Commissioner, is
that under the present tax law, fraternal organizations are
the only organizations where governing boards of the taxing
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units have to give approval. It's a quirk.
COMMISSIONER BALDWIN: And how many fraternal
organizations are there?
MR. KEEFE: In Kerr County?
COMMISSIONER BALDWIN: Yes, sir.
MR. KEEFE: Two.
COMMISSIONER BALDWIN: And if -- if we do one,
shouldn't we go ahead and do both of them at the same time?
COMMISSIONER WILLIAMS: The other's Masonic Lodge?
MR. KEEFE: Yes, sir.
COMMISSIONER WILLIAMS: They're not on that list
either?
MR. KEEFE: That's right.
COMMISSIONER LETZ: 'Cause they haven't been as
persistent.
MR. KEEFE: They're a fraternal organization.
COMMISSIONER LETZ: And they haven't been as
persistent as Mr. Keefe.
COMMISSIONER BALDWIN: Yeah. Neither has anybody
I else.
JUDGE TINLEY: Yeah.
MR. KEEFE: I only speak for the Elks,
incidentally.
COMMISSIONER BALDWIN: Yeah.
MR. KEEFE: It's a three-part process, Commissioner
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Letz, to answer your question. The first part is the
fraternal organization must apply to the State Comptroller's
office for a letter of determination. We have that letter.
Second part is, we need the governing body of the taxing unit
to say okay. Third part, we then go to the Appraisal
District, give them the fact that you have given us the
blessing to go to see them. We give them the application,
and they make the final determination.
COMMISSIONER LETZ: I think, you know, we're
getting closer.
MR. KEEFE: I sure hope so. I mean, I like you
gentlemen, but, you know...
COMMISSIONER LETZ: To me, I'm in favor of doing it
for the Elks, but I think I'd like to -- I think Rex is -- I
think we need to put that into a letter form, ask
Mr. Shievers or that law firm if they concur with that as a
process, and -- and if they say yes, I'll vote to do it.
MR. KEEFE: Well, I talked to Mr. Shievers already,
I and --
COMMISSIONER LETZ: But I haven't, and he hasn't.
But go ahead.
MR. KEEFE: He's not much help. This is a
situation that very rarely comes up. And, again, the
fraternals are the only organizations that have to do it.
There's about 40 percent of the Elks Lodges that are exempted
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in Texas. The other 60 percent, of which we're one, have not
received approval of the governing boards of the taxing unit.
That's where we stand.
COMMISSIONER LETZ: Would the -- if he isn't
helpful, and he may not be, because it's something -- would
the Comptroller be able to give us a opinion, if that's the
process?
MR. EMERSON: The actual process -- that is the
actual process. I can answer that.
JUDGE TINLEY: Yeah.
MR. EMERSON: Okay. And the final determination
does come down to the Appraisal District and whether or not
they determine that the charitable organization -- I forget
what the exact wording is, but it's something to the effect
if it uses the property exclusively to the benefit of
whatever their goal or purpose is.
COMMISSIONER LETZ: So, if we approve it, can we
change our mind a year from now? I mean, is this an annual
thing? Can we rescind it if we give it, or once it's done,
is it done forever?
MR. EMERSON: I don't recall.
MR. KEEFE: I can answer that, Rex. If you approve
it, and if the State Legislature does not change the law,
then every five years we must get reapproved by the State
Comptroller's office.
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57
JUDGE TINLEY: And go through this three-step
process again?
MR. KEEFE: It appears that way, Judge.
JUDGE TINLEY: Well, you've got a mission in life
now, don't you?
MR. KEEFE: Yes, sir, I sure do.
JUDGE TINLEY: You've got your compadre there with
you. Is she going to -- is she going to pick up the sword
and shield if you fall?
MS. JONASON: I'm right behind you.
COMMISSIONER LETZ: I'll make -- well, a statement,
then I'll make a motion. Because the Elks does a lot of good
in the community. I mean, the funds -- the money that they
have that I see that goes -- goes to youth sports. I mean,
you know, you fund Little League and football teams; you do a
lot of that. You know, I believe you do -- and also
scholarships.
MR. KEEFE: Scholarships, yes. We provide
Christmas baskets of toys and food to families that need it.
COMMISSIONER LETZ: I mean, I think it's a very
worthwhile organization that helps the community as a whole.
And if some of the other organizations that I see are on here
get that status, I certainly think you should be included in
it, and I'll make a motion that we approve the tax exemption
status in the Property Code -- or Property Tax Code
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11.184(b)(1) for the B P.O. Elks Kerrville Lodge Number 2081.
COMMISSIONER BALDWIN: Judge, I'll second this,
on --
JUDGE TINLEY: We have a motion and --
COMMISSIONER BALDWIN: Wait, wait. On one
condition. Are you going to be back next meeting?
MR. KEEFE: If you insist, Commissioner, I'll come
I back.
COMMISSIONER BALDWIN: Okay, good. I'll second it,
then.
MR. KEEFE: I don't know what you want me to do,
but --
COMMISSIONER BALDWIN: That's good. That's a good
thing.
JUDGE TINLEY: We have a motion and a second. Do
we have any discussion on this motion? I think what happened
is that the fraternal organizations were caught in kind of a
legislative void.
MR. KEEFE: Yes, sir.
JUDGE TINLEY: Everybody else was automatically
determined to be tax-exempt, and so they didn't have to show
up and ask us, or go to the Comptroller or go to the Chief
Appraiser, and --
MR. KEEFE: That's it exactly.
JUDGE TINLEY: -- you guys were just kind of left
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out there in a legislative no-man's land, the way it's
written now. So, every five years, you got to go through
this drill.
MR. KEEFE: Unless the Legislature passes Senate
Bill 1296, which the Senate has already passed, and it's in
the House waiting for a vote at next session. But who knows?
COMMISSIONER WILLIAMS: Just one comment, Judge.
This list that Mr. Coates sent over kind of answers the
question I had. My -- my objection to it in the past was we
were going to open the floodgates. It appears that the
floodgates --
COMMISSIONER OEHLER: The flood's already happened.
COMMISSIONER WILLIAMS: It's already happened, and
I didn't see the water go by.
JUDGE TINLEY: I think that was Mr. Keefe's point
earlier, that they're in this little bitty niche over here.
Everybody else is already legislatively home free. 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.
MR. KEEFE: Thank you, gentlemen.
JUDGE TINLEY: We look forward to seeing you next
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meeting, Mr. Keefe. It's two weeks from today.
MR. KEEFE: Well, that -- Commissioner Baldwin
wants me here, so I'll be here.
JUDGE TINLEY: And you're going to bring your
sidekick with you, aren't you?
MR. KEEFE: That's up to her.
MS. JONASON: May I approach a minute?
JUDGE TINLEY: Yeah, absolutely.
MS. JONASON: If I were younger, I'd climb this
thing and give y'all a hug, but I'm not. But this is the
scholarship stuff you requested.
JUDGE TINLEY: Oh, okay. Thank you.
MS. JONASON: Uh-huh. And you can call me if you
have any questions, and thank you. We really do thank you.
It's one more scholarship, and maybe more down the line.
COMMISSIONER OEHLER: Wonderful.
MS. JONASON: Thank you.
JUDGE TINLEY: If the Court will recall, Diane
mentioned something at the last meeting, or when we were here
previously -- it may not have been last meeting; may have
been the meeting before -- about their scholarship process.
I asked her if she would provide that information, the
process that they go through to qualify these young people
for scholarships, so that I can review that, and that's what
she's delivering to me.
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MS. JONASON: And believe me, it's complicated.
But you're a lawyer, and I'm sure you can figure it out. But
if you can't, you're welcome to call me.
JUDGE TINLEY: You just prompted some comments from
down here; I see them coming.
COMMISSIONER BALDWIN: Or it will be messed up
beyond recognition. (Laughter.)
MS. JONASON: I'm not going to get into that.
MR. KEEFE: Thank you, gentlemen.
COMMISSIONER LETZ: Thank you.
COMMISSIONER OEHLER: Thank you.
JUDGE TINLEY: Okay. At this time, I will recess
the Commissioners Court meeting and convene a public hearing
concerning the final revision of plat for Lots 11 and 12 of
Four Seasons Addition, as set forth in Volume 5 Page 12, Plat
Records, and located in Precinct 1.
(The regular Commissioners Court meeting was closed
at 10:15 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 final revision of
plat for Lots 11 and 12 of Four Seasons Addition, as set
forth in Volume 5, Page 12, Plat Records? Seeing no one
coming forward to express an interest in the final revision
of plat for Lots 11 and 12 of Four Seasons Addition, as set
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forth in Volume 5, Page 12, Plat Records, I will close the
public hearing.
(The public hearing was concluded at 10:15 a.m.
And the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And reconvene the Commissioners
court meeting and call Item 11; consider, discuss, and take
appropriate action to accept the final revision of plat for
Lots 11 and 12 of Four Seasons Addition, as set forth in
Volume 5, Page 12, Plat Records, and located in Precinct 1.
Mr. Odom?
MR. ODOM: Yes.
JUDGE TINLEY: Good to see you this morning.
MR. ODOM: Yes, sir. Kelly's got something we want
to pass out to you. This is a revision of the plat. We
tried to get it back to you. We didn't get it until Friday,
and we thought we'd just bring to it court, 'cause some had
already taken their packet with them. But this is
basically -- what is added to that is just the setback line
to that plat. This is a situation where a home was placed
across a lot line, and the revision of this plat will correct
the situation. The owners of Lot 11 and 12 came to an
agreement to move the lot line over so the owner of Lot 12's
home would not be crossing onto Lot 11. By this, as you see,
this lot line as shown, this has been discussed. The septic
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system is already in. Just semantics as far as the plat is
concerned. Everything was agreed to by O.S.S.F. So, at this
time, we ask that you approve the final revision of plat for
Lots 11 and 12 of the Four Seasons Addition, Volume 5, Page
12.
COMMISSIONER BALDWIN: Any problems? I so move.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? All in
', favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER LETZ: Judge, go back to that a
second. Leonard, this has a water system, correct?
MR. ODOM: I'm sorry, sir. What?
COMMISSIONER LETZ: A water system here?
MR. ODOM: Yes, there was community water.
COMMISSIONER LETZ: Do we need to do a variance as
~~ to the one lot that's now less than 1 acre?
COMMISSIONER WILLIAMS: It already has a septic on
it, doesn't it?
MR. ODOM: Pardon me?
COMMISSIONER WILLIAMS: Already has a septic on it?
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MR. ODOM: Already had a septic.
COMMISSIONER LETZ: Right, it's all in there. Our
rules says we can't have a lot less than 1 acre, correct?
MR. ODOM: That's -- boy.
COMMISSIONER LETZ: So, probably -- I think we
ought to go back and do a variance to allow the one lot to
be -- probably .95, something or other.
JUDGE TINLEY: Any member of the Court have a
motion to offer to --
COMMISSIONER BALDWIN: Hold on.
JUDGE TINLEY: -- supersede the motion which was
offered in connection with Item 11, to supersede the action
just taken?
COMMISSIONER BALDWIN: The -- the subdivision regs
say 1 acre minimum with a -- that's with a community water --
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: -- system? And it actually
says -- and it actually says 1 acre?
MR. ODOM: Sir, I thought we discussed this before,
and I just cannot remember, because I -- I should have
looked. I thought that we were perfectly all right when we
discussed this in the concept, 'cause I had them bring it
here and we discussed that. And I thought that it met --
COMMISSIONER LETZ: We can always leave it as-is,
and we can always come back and put a variance on if we need
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COMMISSIONER BALDWIN: 'Cause I'm not real sure --
MR. ODOM: I'm sorry, I just cannot remember. I
didn't read that. It's been a while; been 30 days ago.
JUDGE TINLEY: Okay. Let's move to Item 16;
audit and report. Texas Health and Safety Code, Chapter 775,
Paragraphs 775.036, and 775.082, spell out that the County
adopt rules relating to the format of the audit and report.
Kerr County Auditor recommends that ESD Number 1 and ESD
Number 2 prepare financial statements using the compilation
format and issue a compilation report to be issued by an
independent certified public accountant. Ms. Hargis? This
is to simplify the otherwise complicated and expensive annual
audit reports required by these ESD's?
MS. HARGIS: Yes, sir, it is. And -- and,
hopefully, after talking with the attorney in Austin, who is
one of their legislators, they're going to try to take this
into consideration in this next session, that ESD's of this
small size are being unfairly taxed with the expense of a
full-blown audit, which is not -- as Commissioner Oehler
said, it's not reasonable. And this particular format will
allow and give us everything that we need, and will still
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provide them with an independent audit, and will not be
COMMISSIONER OEHLER: Well, this is just another
completely out of proportion. If you'll read the last -- the
last little paragraph in 775, it says the person who performs
the audit and issues the report must be an independent
certified public accountant or firm of certified public
accountants licensed in the state, unless the Commissioners
Court, by order, requires the audit to be performed by the
County Auditor. I think we did that, and our Auditor has
not, and has actually refused to do an audit for those two
ESD's. And what she gave them is a letter -- some kind of a,
you know, goofball thing that didn't amount to anything
saying that an audit -- you know, she couldn't do an audit
because of this reason or that reason. And, I mean, we're
talking about ESD's that probably write a total of ten or 12
checks a year, and all their income comes from our County Tax
Assessor/Collector who collects taxes for them. I just don't
get it, why that they're going to be forced to hire somebody
and pay somewhere between $1,200 and $5,000 a year to do an
independent audit whenever it says right here that the
Commissioners Court can order our Auditor to do those audits.
And I want somebody to explain that to me, and especially
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you, Ms. Auditor.
MS. HARGIS: Under the rules and regulations of
certified public accountants, I must be independent. And
with regard to ESD 1 and ESD 2, because we do pay their bills
and you, as the Commissioners Court, approve the members of
that board, I am not independent. Therefore, I cannot
perform an audit, and that is the rules of the A.I.C.P.A. for
a C.P.A.
COMMISSIONER OEHLER: That's not what it says right
I here .
MS. HARGIS: I --
COMMISSIONER OEHLER: In 775 it does not say that,
so which do we believe?
MS. HARGIS: I called the State Board of Public
Accountancy last year, and they told me that I could not
perform this audit without jeopardizing my license. And I am
sorry, I am not going to do that.
COMMISSIONER OEHLER: Okay. So we will do as our
Auditor tells us to do, but we can't tell her one stinking
thing that she needs to do, based on what she's telling us.
COMMISSIONER BALDWIN: Bruce, let me ask you a
question.
COMMISSIONER OEHLER: Yes, sir?
COMMISSIONER BALDWIN: And, by the way, I've
noticed y'all are not getting along.
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COMMISSIONER OEHLER: No, we don't. We're probably
not going to as long as this kind of stuff goes on.
COMMISSIONER BALDWIN: I understand. What I am --
what I'm wondering is, it's kind of like this burn ban issue.
I don't know if it's state law or if it's some fellow sitting
up in Austin that has rule-making power, and I -- what is
this document that we're reading here from the Office of
Rural Community Affairs? Is this law? Or is this some
burned out hippie sitting around writing a bunch of words
down?
COMMISSIONER OEHLER: I believe this comes out of
the Health and Safety Code.
COMMISSIONER BALDWIN: Is that what it is?
COMMISSIONER WILLIAMS: Well, this particular one
came from O.R.C.A.
MS. HARGIS: The manual that you have in front of
you came from O.R.C.A. The Health and Safety Code which I'm
quoting here does require an independent audit by an
independent certified public accountant. And in most
counties, all of the ESD's are required to do an independent
audit, and do. In some instances, in the smaller rural
areas, which we are one of, ours are very small, and because
the amount of funds that they collect are small, they still
are required to do this audit, but where you have an auditor
that -- a county auditor that is a C.P.A., I cannot, under my
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license, perform this audit. Tommy was able to do so because
he was not a certified public accountant. He was not able to
do an audit; he can do an internal document that says he
didn't find anything, but Tommy is not allowed to state that
this is in accordance with the A.I.C.P.A., because he is not
a certified public accountant and he cannot do that. The
audit they received in the past was simply an internal audit
document that provided that Tommy looked at their records.
The other thing that Tommy did is, he created the records,
and under our independence requirement, an auditor cannot
create the document and then audit the documents, and that's
what he did.
COMMISSIONER LETZ: I guess -- you know, it seems
to me that this is the same situation as asking an engineer
to seal something that they can't do. And, you know, the law
may say that, but, you know, if I was an engineer, I wouldn't
do it either. If I was a C.P.A., I wouldn't do it.
COMMISSIONER OEHLER: That's fine. I don't know
why the language is like it is. It should say unless they're
a licensed C.P.A., then they can't do it and they have to,
', you know, approve somebody else to do it.
COMMISSIONER WILLIAMS: I note with interest under
the paragraph that says "accounting system," it talks about
ESD's, and must have an accounting system that accurately
reflects and tracks records of expenses and cash, blab, blab,
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blab. The accounting system must correspond to the budget
accounts to facilitate regular reports to the board -- ESD
board and to the county commissioners court, so they can
compare current revenues and expenditures. I don't recall
ever seeing one from any ESD.
COMMISSIONER OEHLER: They're on file. They send
them to me, and I just put them in a file. Jody has them.
JUDGE TINLEY: I would note --
COMMISSIONER OEHLER: Jody has them. All that
stuff is -- you know, I wasn't sure what I was supposed to do
with them, but I kept it all, put it in a separate file.
COMMISSIONER BALDWIN: I have seen it. I've gotten
them.
COMMISSIONER OEHLER: If you would like to start
seeing those, I'll make copies and put them in your box.
COMMISSIONER WILLIAMS: Just wondering.
COMMISSIONER OEHLER: They are there.
COMMISSIONER WILLIAMS: Okay, very good.
JUDGE TINLEY: I would note that the document that
we're looking to as backup does come from O.R.C.A., and it
says "ESD Operating Guide." That's not the Health and Safety
Code provisions.
MS. HARGIS: This Health and Safety Code provision
is the one that I quoted under 775, and it does call for an
independent -- and it's the same paragraph verbatim in the
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Health and Safety Code. This manual came out because, when
they came out with the Health and Safety Code that created
the ESD's, there was really not enough guidance in the Health
and Safety Code as to what they were going to do. In fact,
there were only two paragraphs, one that said they had to
have an audit and one that they had to have books. And
another one that said the treasurer and the secretary had to
sign the checks. That was pretty much it. So, there was not
enough guidance, so they now have a -- an association which
they started, and they have a representative from O.R.C.A.
who goes around to the ESD's to make sure they're in
compliance with all the regulations. A lot has changed since
these were created in 1992 -- '94. Again, most of the
auditors who are C.P.A.'s -- and I have put it out on my
Listserv which the county auditors have throughout the state
of Texas. I have called the State Board of Public
Accountancy, and -- and the answer that I received is that I
cannot do them. And the other alternative is for me to rule
the format in a lesser format, which is what I've done. I
need approval from the Court so that the auditor is
comfortable that he doesn't have to do a full-blown audit.
Otherwise, he will have to do a full-blown audit, which will
cause the fees to go up.
COMMISSIONER OEHLER: I move for approval.
COMMISSIONER WILLIAMS: Second.
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COMMISSIONER OEHLER: Let's get this put behind us.
This has all been blown out of proportion for the last eight
I months.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item.
COMMISSIONER BALDWIN: Wait, let me to get to --
what was the agenda item?
JUDGE TINLEY: The agenda item is to --
COMMISSIONER BALDWIN: Oh, yeah.
JUDGE TINLEY: That the ESD Number 1 and ESD Number
2 prepare financial statements using the compilation format
and issue a compilation report to be issued by an independent
certified public accountant, and adopt that as an actual rule
for the ESD's.
COMMISSIONER BALDWIN: So, we're requiring them to
go out and spend -- spend money to get it into this form.
COMMISSIONER OEHLER: To comply with the law, and
also to comply with our auditor's license.
COMMISSIONER BALDWIN: Rex, the issue that -- this
document that we're looking at, Lady Oprah or whatever this
thing is, (Laughter.) -- is that -- is that something that my
', state representative and my senators voted on? Or is this
some rule --
MR. EMERSON: I think it's guidelines, is what it
is.
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COMMISSIONER BALDWIN: Guidelines that came from?
MR. EMERSON: The Office of Rural Community
Affairs.
COMMISSIONER BALDWIN: Okay. So, my -- my
representative didn't vote on that, so far as I'm concerned,
you can throw it in the trash. Okay, I know where I'm at.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go to
Item 17; consider, discuss, take appropriate action regarding
policy and procedures for Hill Country Youth Exhibit Center.
Commissioner Oehler?
COMMISSIONER OEHLER: Well, Judge, I believe you
were going to add some wording into our last -- what -- in
addition to what we came up with in our last meeting. Is
that not correct?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER OEHLER: It looks like you have done
that.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: Looks pretty good to me.
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JUDGE TINLEY: With a couple of examples so that
folks that don't regularly practice law can understand what
it means, Buster.
COMMISSIONER BALDWIN: I have one question.
JUDGE TINLEY: All right, sir.
COMMISSIONER BALDWIN: Where is the issue of -- of
a group coupling themselves with a nonprofit?
JUDGE TINLEY: That's what we -- that's what we
did.
COMMISSIONER BALDWIN: Where is that?
JUDGE TINLEY: It's at the bottom of Page 2 in the
highlighted area.
COMMISSIONER LETZ: Basically, it says if an event
has more than one sponsor, facility rental shall be
determined by a calculation based upon the status of each
sponsor and percentage of benefits to be received by each
sponsor from the event. You can tell that was written by an
attorney.
COMMISSIONER BALDWIN: I don't have any comment
about that, Jon. It's my nice -- this is my nice guy day.
COMMISSIONER LETZ: It looks good to me. I'll make
a motion we approve the amended language.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? All in
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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: I think 18 is probably going to need
to go to executive; we'll defer on that. And let's go to
Section 4, payment of the bills.
COMMISSIONER BALDWIN: I move we pay the bills.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion? How come we're back to the
old format?
MS. HARGIS: Because of the end of the year, we
couldn't get the report to pull. I wasn't here, but I did
try this morning, and what it does is, because we back-dated
some things and forward-dated others, we can get a report
with part of them, but we can't get them with all of them.
JUDGE TINLEY: Okay. Okay. We're taking all these
encumbrances into account, then?
MS. HARGIS: Some of the encumbrances, and you have
payables that are still coming in that are dated in
September, and those will continue until the next meeting.
JUDGE TINLEY: Okay. Okay.
COMMISSIONER BALDWIN: Is today the end of the
encumbrances?
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MS. HARGIS: No, sir. Depends upon -- if the bill
is dated in September, as long as it's dated in September,
the auditors will backdate it and put it on, regardless of
whether we do or not.
COMMISSIONER BALDWIN: Okay.
MS. HARGIS: So, we have given -- we sent out a
memo and asked everyone to have by Monday -- next Monday, all
of their bills for September so that we can get those done
and finished. We shouldn't have very much.
JUDGE TINLEY: The Sheriff wants to be the
exception to the rule.
SHERIFF HIERHOLZER: You're right, because we won't
get half of our old bills by next Monday. They just won't --
I got some, you know, today that were dated in August,
medical bills for inmates. You're talking two months behind
on a lot of that billing. You know, I -- it's not going to
happen. We're going to have a lot of bills come in past next
Monday. Normally, each year we get more time than this
before the cutoff, and I'm just -- I don't want it coming out
of this year's budget.
COMMISSIONER BALDWIN: I thought the law -- there
was a law that says you can only go so far into the new year
to encumber last year's stuff.
MS. HARGIS: I think it gives you 90 days,
actually, to --
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COMMISSIONER BALDWIN: Okay.
MS. HARGIS: -- to encumber, and then you really
need to state what the encumbrance is and have it in my
office so that we know that's coming so we can figure it up,
'cause the audit will start probably in late November. Rusty
and I haven't talked about this particular issue, so --
JUDGE TINLEY: Can you give her a good idea what
those late encumbrances are? A ballpark idea of what they're
going to be?
SHERIFF HIERHOLZER: I'd have no idea in the world.
I just -- I don't have it. Because when we take inmates --
you know, before October 1, we take the inmates to the
hospital and that, or to a doctor visit, we don't know what
that encumbrance is going to be until we get that bill.
JUDGE TINLEY: I understand.
SHERIFF HIERHOLZER: We may not get that bill for
two months.
JUDGE TINLEY: I understand. But you can give her
the information that there's going to be an encumbrance to
the hospital and doctors A, B, and C as a result of an inmate
!, that was treated in September, can't you? Without knowing
I! the amount?
MS. HARGIS: I really just need a ballpark
estimate, if it's going to be $20,000 or $30,000. We can
look back at what our average has been for a couple of months
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and do that. I'd rather -- and we can make -- actually make
it a little higher rather than lower, okay? We can work it
out. That's not a problem.
I, JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Because if they went to the
II hospital, they can add on 30 doctors.
SHERIFF HIERHOLZER: Yeah. I just -- we don't have
!,I any way of knowing until we get them.
MS. HARGIS: But we can come up with an average
I
estimate over the last -- we can use a large month and see
I what it is.
!i COMMISSIONER LETZ: Rusty would know if it's
anything extraordinary in that group.
SHERIFF HIERHOLZER: Anything extraordinary, yes, I
would know. But a lot of the normal -- I mean, we get -- you
know, back then, you're taking up to 10 inmates a day to
doctors' offices and -- and appointments and that. I just
don't know.
COMMISSIONER LETZ: All right.
JUDGE TINLEY: Are you running an old folks home
I out there?
SHERIFF HIERHOLZER: That's pretty close. It's
called -- it's called -- unfortunately, the way state law's
done, it's free, so they get everything.
COMMISSIONER LETZ: Looks like we're doing some --
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SHERIFF HIERHOLZER: For the inmates, not us.
COMMISSIONER LETZ: -- leg or bone, or some kind
of -- Dr. Allen's on here, so he -- you know, orthopedics;
we're probably doing some knee surgeries out there.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Brain surgery.
JUDGE TINLEY: Any other questions 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. Any budget
I
I amendments?
MS. HARGIS: No, sir.
JUDGE TINLEY: Any late bills?
MS. HARGIS: No. We're going to do all the budget
amendments at the next meeting.
JUDGE TINLEY: Okay. I've been presented with
monthly reports from Constable, Precinct 1; Constable,
Precinct 4; County Clerk; Justice of the Peace, Precinct 3;
District Clerk; Justice of the Peace, Precinct 4; Justice of
the Peace, Precinct l; Environmental Health; and Justice of
the Peace, Precinct 2. Do I hear a motion that those reports
be approved as presented?
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COMMISSIONER BALDWIN: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the reports as presented. 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. Okay. Let's
go to Section 5, reports from Commissioners in connection
with their liaison or committee designations. Commissioner
Baldwin?
COMMISSIONER BALDWIN: No, sir, I don't have
anything, thank you.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Nothing.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Nothing.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: Okay. Any reports from elected
officials or department heads?
COMMISSIONER LETZ: Sheriff.
SHERIFF HIERHOLZER: No. Just -- who are our
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liaisons this year?
COMMISSIONER BALDWIN: We don't know. Why are you
asking us? (Laughter.)
JUDGE TINLEY: It's designated by Commissioners
Court order, which is a matter of public record, and I would
encourage you to go look that up, Sheriff.
COMMISSIONER LETZ: We don't do it till January.
SHERIFF HIERHOLZER: January, okay.
COMMISSIONER LETZ: I'm still yours.
SHERIFF HIERHOLZER: I thought you did it with the
budget.
COMMISSIONER LETZ: No, January.
COMMISSIONER OEHLER: They're the same as they have
been.
SHERIFF HIERHOLZER: No, I want you for mine.
We're going to get you educated.
COMMISSIONER OEHLER: No. I have my canoe loaded,
if you don't mind.
JUDGE TINLEY: Any other --
COMMISSIONER OEHLER: I sure don't need to sink
taking you on.
JUDGE TINLEY: Any other reports? Okay. At this
time, we'll go out of open or public session at 10:40 to go
into executive session.
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(The open session was closed at 10:40 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: Okay. We are now in public or open
session. It's 10:56. First off, does any member of the
Court have anything to offer with regard to matters taken up
in executive session? Hearing none, let's go back, if we
might, to Item 11; consider, discuss, take appropriate action
to accept the final revision of plat for Lots 11 and 12 of
Four Seasons Addition, as set forth in Volume 5, Page 12,
Plat Records, and located in Precinct 1. Commissioner Letz,
you wanted to return to that item?
COMMISSIONER LETZ: Yes. Under our rules, if you
have a community water system and on-site septic outside a
high-density area, the minimum lot size is 1 acre.
COMMISSIONER BALDWIN: And --
COMMISSIONER LETZ: And within a high-density area,
it's also a minimum lot size of 1 acre. I'm not sure how it
falls outside the high-density area, but either way, we do
have a 1 acre minimum, so I think we should go back and do a
variance to allow this Lots 11 -- 11A? 11A to be --
COMMISSIONER BALDWIN: Was it point --
COMMISSIONER LETZ: Point --
COMMISSIONER WILLIAMS: .9 something.
COMMISSIONER OEHLER: .92-something, I believe.
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COMMISSIONER WILLIAMS: .94, .92 or something.
COMMISSIONER LETZ: The -- I know it's increased.
(Low-voice discussion off the record.)
COMMISSIONER LETZ: .959, 11A. So, Lot 11A needs a
variance to be .959 acres.
COMMISSIONER BALDWIN: Yes, I agree. I move to ask
for that variance.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for a
variance in connection with the approval of plat for Lots 11
and 12 of Four Seasons Addition. Question or discussion on
that motion? All in favor of that motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. You want to
i
revisit Item 6?
MR. EMERSON: Just to answer Commissioner Letz'
I, question.
i JUDGE TINLEY: Okay. Item 6 is the bids for the
courthouse windows.
MR. EMERSON: Commissioner Letz, you'd asked a
question about the awarding of contracts, and under Local
Government Code 262.027, Awarding of Contract, the Court's
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only two options are to either, under Subsection (1), award
the contract to the responsible bidder who submits the lowest
and best bid, or Option 2, reject all bids and publish a new
notice. So, we don't have a negotiation option in there that
we do under some of the other technical contracts.
COMMISSIONER LETZ: So, we -- and that also -- that
would mean that if we -- okay. That answers my question.
COMMISSIONER WILLIAMS: No, wait a minute. Wait a
minute. The lowest and best bid based on the specifications.
MR. EMERSON: Correct.
COMMISSIONER WILLIAMS: Now, the question is, does
the lowest bid meet the specifications, and are we qualified
to make that judgment?
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Well, that part still goes, but
my question is, say we -- we're precluded from going to
bronze tint from gray tint, you know, if we go with a tint
choice. That was one I remembered. It says gray tint.
I
COMMISSIONER BALDWIN: Correct.
COMMISSIONER LETZ: It didn't talk about bronze
tint. We can't put a bronze tint -- we can't change the
color of the clad from, you know, bronze with a slight
variation in it -- I mean, that's -- you know, that's my
concern, is that these bids are not -- we have to look very
-- even more carefully as to what we've asked for under the
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specifications, because we can't change it once we start.
That's my concern.
COMMISSIONER BALDWIN: So, the -- the specs did
call for gray?
COMMISSIONER LETZ: I've no idea.
COMMISSIONER BALDWIN: Well, see, that's the point.
Judge is saying no.
JUDGE TINLEY: Well, what --
COMMISSIONER BALDWIN: That's the whole point right
there.
JUDGE TINLEY: What they called for is for the --
the exterior to match the existing appearance. May have said
"color and appearance"; I don't recall. But -- here they
are.
COMMISSIONER BALDWIN: There were two of them that
said the word "gray."
JUDGE TINLEY: Match design/appearance of existing
windows. Exterior lower, no maintenance, metal clad, color
to match or be closely similar to existing color. It's
probably impossible to get the exact color, unless you just
happen to get real, real lucky that on the eight different
colors that they may have in their repertoire, one of them is
right on the money. You just pick the one that's closest.
The color option, I think, is going to be the same if you
pick Color 1 or 6 or 8 or -- the price, I'm talking about, is
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going to be the same, so I don't see that as a difficulty.
If they've quoted Color 4 and you want Color 6, for example,
at the same price.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: If that's the way they're submitted.
MR. EMERSON: To play devil's advocate, how do you
know it's the same price? Because if you award to Bidder A,
then you come back and you change the color, inevitably,
Bidder B is going to go, "Oh, that would have been cheaper if
I'd known that."
COMMISSIONER LETZ: But our specifications are
pretty vague. And --
COMMISSIONER OEHLER: That's why I think we --
MR. EMERSON: As long as we can live within the
specifications, we're good to go.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: I think that's why we need to
-- I don't know how we go -- maybe next meeting, we're going
to have to approve the Judge and, say, some other person to
review those bids and come back with a recommendation. Would
that be in order? Because the way we've done it this time,
we accepted them and we're holding them, but I'm not
comfortable with -- with us awarding those until it has been
-- they have been reviewed by a professional, and maybe the
', Judge.
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JUDGE TINLEY: And Tim.
COMMISSIONER OEHLER: Yeah. That needs to be on
the next agenda for -- to appoint somebody to review those,
and then come back with a -- with a recommendation for the
Court, whether we accept one of them -- or award it, or
whether we reject all and go out again.
COMMISSIONER LETZ: I think --
COMMISSIONER OEHLER: With defined specifications.
MR. EMERSON: And having formerly been in the
construction materials industry, I can tell you there's
significant differences in the way things are manufactured.
COMMISSIONER OEHLER: Exactly.
COMMISSIONER LETZ: I think -- based on reading the
specs, I think price is going to be not a consideration on
the three bids. I mean, I think -- you know, I really think
we have to do what he said, get someone to look at the
quality they're talking about by what they previously
presented to us, and then make a decision based on what is
going to, we think, match most closely, and I don't think
price is going to be the number-one concern. I mean, if
they're all equal, obviously, it is, but they're not all
equal, 'cause they're coming from different manufacturers.
COMMISSIONER OEHLER: You're going to have
different materials involved in each one of those bids, the
materials that are within those windows.
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COMMISSIONER LETZ: Yeah. So --
COMMISSIONER OEHLER: So that's --
COMMISSIONER LETZ: -- what you want to do is even
more important.
COMMISSIONER OEHLER: I think we need to do that,
and we'll put on it the next agenda to do that, if that works
with our -- from our County Attorney standpoint.
COMMISSIONER BALDWIN: What about the language of
replacing the doors? We're talking about three different
doors. What is that about? Does anybody know for sure?
COMMISSIONER LETZ: Expensive.
COMMISSIONER OEHLER: Expensive.
COMMISSIONER BALDWIN: Are we talking about
replacing this door out here?
JUDGE TINLEY: No. No, the front door.
COMMISSIONER BALDWIN: Our office door that we just
replaced?
JUDGE TINLEY: Yeah. But the problem is with
', everything that's around it, primarily. It's --
COMMISSIONER BALDWIN: And then the old Sheriff's
door at the other end down there?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: And then what about these
two front doors? Replace those two front doors?
(Judge Tinley nodded.)
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89
COMMISSIONER BALDWIN: What are we going to do with
those old front doors?
	JUDGE TINLEY:	If we replace them?
	COMMISSIONER	BALDWIN: See, that's the kind of
thing that	the hysterical crowd really gets hysterical about,
is when yo	u start deali	ng with things like those doors.
	JUDGE TINLEY:	Well, that's the reason that the
specs were	required to	match that appearance.
	COMMISSIONER	LETZ: I think, in addition --
	JUDGE TINLEY:	Either replace or --
	COMMISSIONER	WILLIAMS: Refurbish.
	JUDGE TINLEY:	-- renovate and make more energy
efficient.	One of the	big things is, we got a crack in there
about that	wide.	
	COMMISSIONER	BALDWIN: Bigger than that.
	JUDGE TINLEY:	And --
	COMMISSIONER	OEHLER: Depends on what time of year
it is.
JUDGE TINLEY: In winter, it blows right on through
there; you can feel it down in the -- down at the County
Court at Law.
COMMISSIONER OEHLER: In a drought, the gaps get
wider, and in a wet year, they get narrower.
COMMISSIONER LETZ: Can whoever does the agenda
item make it broad enough that we can pull in some other
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people? Such as possibly Steve Huser, who knows the quality
of materials well, or someone like that, along with
architectural --
COMMISSIONER OEHLER: I just want to be sure that
we spend the money correctly this time, and we get what we
really want and not have to go through this again in five
~ years.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER OEHLER: Or ten. I mean, this needs
to be a one-time fix.
JUDGE TINLEY: I don't -- I don't want to see us in
a position of having windows in the annex, which was just
done in what, '99? And we've got wood exterior windows that
I now need maintenance.
COMMISSIONER OEHLER: Replaced.
JUDGE TINLEY: Not replacing, but you're -- I don't
know how much staging it's going to take. Or -- or I suspect
we'll probably be better off to acquire a lift.
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER OEHLER: I think that's a good idea.
Hanging on a rope off there is not a good idea. (Laughter.)
JUDGE TINLEY: You don't recommend that we use jail
trustees --
COMMISSIONER OEHLER: I'm not --
JUDGE TINLEY: -- hanging on a rope?
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COMMISSIONER OEHLER: I'm not going to do that.
JUDGE TINLEY: Okay, gentlemen. Have we got
anything else?
COMMISSIONER WILLIAMS: Ms. Hyde.
JUDGE TINLEY: Our H.R. Director. Yes, ma'am?
MS. HYDE: I'm sorry, y'all missed me.
JUDGE TINLEY: This is a report of a department
I head?
MS. HYDE: Just real quick. This is a real quick
one; this is less than two minutes.
COMMISSIONER LETZ: I'm not in a hurry now.
MS. HYDE: We've hired all the open positions
during the last four weeks that y'all asked or have been
requested. Animal Control will be hired this week to start
November I. The Collections office now is fully staffed.
The Auditor's office has chosen their person, but they will
not start until January 1. We have one opening still in Road
and Bridge, and we have hired the Indigent Care, which will
start Monday. We have two positions still open at the S.O.,
a deputy position and a jailer position at this time, but
that's it. So, those are all done. I think we got some
pretty good candidates. The only one I'm concerned a little
bit with is -- is -- we'll see. So --
COMMISSIONER LETZ: We'll see?
JUDGE TINLEY: Let the record reflect she was
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pointing at me; therefore, my longevity with this
organization may be in jeopardy.
MS. HYDE: No, sir. No, sir. The -- the RFP's for
the health insurance, just so that you know -- I know a lot
of folks figured we'd have lots and lots. We had two. So,
just so that you understand why, this is first year.
Normally, the incumbent wins. People knew what we were
looking at, and they watched the stringency last year, and so
don't take offense that we didn't get lots of bids. And the
bids that we've got are good ones, so --
JUDGE TINLEY: The ones that wouldn't otherwise be
competitive just didn't bother to bid this time?
MS. HYDE: Yes, sir. Yes, sir. They'll look at us
on year three. Typically, you'll go in three-year cycles.
COMMISSIONER LETZ: The individual chosen for the
Indigent Health Care spot is -- I can tell you, is a good
tight-fisted German from the eastern part of the county.
MS. HYDE: Yes, sir.
COMMISSIONER LETZ: And will get -- and will -- has
no problem getting in their face if there's a problem. She
gets in mine. She lives on Lane Valley.
COMMISSIONER OEHLER: I like that.
MS. HYDE: And also believes that -- also believes
that the County's money is her money. She also believes that
the County's money is her money.
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COMMISSIONER LETZ: She -- yeah, definitely.
She'll be good. She's -- I mean, it's a -- personality-wise,
she's a perfect match for that job. I think she'll do a real
good job. And I didn't know -- actually, I didn't know what
Dawn did previously, but she's qualified.
MS. HYDE: We've contacted her, and -- and she was
not in the finals, and so there was a little bit of
discussion about putting her in the final.
COMMISSIONER LETZ: She's a personality --
COMMISSIONER WILLIAMS: Does that person have a
I name?
MS. HYDE: Dawn Lantz, L-a-n-t-z.
COMMISSIONER LETZ: Her husband's on the school
board in Comfort, works for Hill Country Co-Op.
MS. HYDE: And I apologize for taking up y'all's
I time.
JUDGE TINLEY: Anything else? We are adjourned.
(Commissioners Court adjourned at 11:11 a.m.)
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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 15th day of October,
2008.
JANNETT PIEPER, Kerr County Clerk
BY : __ __ ~~~.(~--_
Kath B ik, De ut County Clerk
Y P Y
Certified Shorthand Reporter
10-13-08
ORDER NO. 31037
NOMINATIONS TO KERRVILLE/KERR COUNTY JOINT AIRPORT BOARD
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve nominations of Thomas L. Moser and Mark T. Cowden to the Kerrville/Kerr
County Joint Airport Board.
ORDER NO. 31038
AMEND BURN BAN ORDER
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Amend the burn ban to comply with the current law, to include the following language:
(f) This section does not apply to outdoor burning activities:
(1) related to public health and safety that are authorized by the Texas
Natural Resource Conservation Commission for:
(A) firefighter training:
(B) public utility, natural gas pipeline, or mining operations; or
(C) planting or harvesting of agriculture crops;
(2) that are conducted by a prescribed burn manager certified under
Section 153.048, Natural Resources Code, and meet the standards of Section 153.047,
Natural Resources Code.
ORDER NO. 31039
RESIGNATION OF ELIZABETH HUGHES FROM EMERGENCY SERVICES
DISTRICT # 1
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Accept the resignation of Elizabeth Hughes as Commissioner for Emergency Services
District #1.
ORDER NO. 31040
KERB 911 BOARD OF MANAGERS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Reappoint Ron Vick to the Kerr 911 Board of Managers.
ORDER NO. 31041
APPROVE ELECTRICAL, PLUMBING, HVAC AND PEST CONTROL
CONTRACTS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Accept Bids for electrical, plumbing, HVAC and pest control services and approve
recommendations of Maintenance Supervisor:
Plumbing -Whelan Plumbing
Pest Control -Hill Country Pest Control
HVAC -Kerrville Service Company
Elec - No Bids, but will continue to use D.W. Electric
ORDER NO. 31042
RESCIND COURT ORDER NO. 30817 DECLARING OLD ENVIRONMENTAL
HEALTH VEHICLES AS SURPLUS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Rescind Court Order No. 30817 declaring the old Environmental Health Vehicles as
surplus and allow the 2000 Jeep Cherokee to be used as a courthouse vehicle.
ORDER NO. 31043
RESOLUTION FOR DIETERT CENTER
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve sample Resolution for Dietert Center to assist them in qualifying for their grant
application to the Texas Department of Agriculture for home delivered meals.
ORDER NO. 31044
REAPPOINTMENT TO AACOG BOARD OF DIRECTORS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Reappoint Precinct 2 Commissioner Williams to the AACOG Board of Directors for a
new term to expire December 31, 2010, and forward appropriate notification to AACOG.
ORDER NO. 31045
2009 RESOLUTION FOR INDIGENT DEFENSE GRANT PROGRAM
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve Resolution for the 2009 Indigent Defense Grant Program.
ORDER NO. 31046
BIDS FOR COURTHOUSE WINDOWS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Open bids for Courthouse windows:
1. D&D Construction on all of the options, base bid for aluminum wood-clad,
single hung and fixed windows, total $149,668. Alternate bid for all
aluminum 3000, single hung, fixed windows, $83,579. Door replacement,
$271.00. Upgrading $17,200.
2. Allen & Allen, Option A single fixed sash, $176,062.52, adding a grey tint
would bring bid to $186,143.56, Option B would be a double sash offset
window, $176,543.26. Adding a grey tint as close to existing in appearance,
would bring it to $188,435.51. Option B, double sash with no offset,
$144,101.56. Adding a grey ting would bring it to $152,702. Front door
replacement, $7,261.87. Sidney Baker door and window combination
replacement, $7,553.67. The same amount for the Earl Garret door and
window combination replacement. Option C, double operating awning sash
with grey tint windows, $181, 8 3 0.13 .
3. Foxworth-Galbraith. Replace approximately 77 windows per specifications
published, $217,985. Replacement of front door per specifications, $36,070.
Replacement of door on side of courthouse per specifications, $16,395.
Accept all of the bids, as presented, and that we have the County Clerk hold the bids until
such time as they can be reviewed.
ORDER NO. 31047
TAX EXEMPTION FOR B.P.O. ELKS, KERRVILLE LODGE #2081
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Tax Exemption status under Property Tax Code 11.184 b (1) for the B.P.O.
Elks, Kerrville Lodge #2081.
ORDER NO. 31048
FINAL REVISION OF PLAT FOR LOTS 11 & 12 OF FOUR SEASONS ADDITION
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Accept the Final Revision of Plat for Lots 11 & 12 of Four Seasons Addition, Volume 5,
Page 12, located in Precinct 1.
ORDER NO. 31049
APPROVE RULES RELATING TO FORMAT OF ESD #1 AND ESD #2 AUDIT AND
REPORT
Came to he heard this the 13th day of October, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the rules relating to the format of Emergency Service District (ESD) No. 1 and
Emergency Service District (ESD) No. 2 audit and report, with the Kerr County Auditor
recommending that ESD No. 1 and ESD No. 2 prepare financial statements using the
compilation format and issue a Compilation Report to be issued by an Independent
Certified Public Accountant, and adopt that as an actual rule for the Emergency Services
Districts (ESDs).
ORDER NO. 31050
HILL COUNTRY YOUTH EXHIBIT CENTER POLICY AND PROCEDURES
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the amended language in the Policy and Procedures as presented for the Hill
Country Youth Exhibit Center, as follows:
"if an event has more than one sponsor, facility rental shall be determined by a
calculation based upon the status of each sponsor and percentage of benefits to be
received by each sponsor from the event".
ORDER NO. 31051
CLAIMS AND ACCOUNTS
Came to be heard this the 13t" day of October, 2008, came to be considered by the Court
various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	208,172.92
12-Election Services	$	6,115.03
14-Fire Protection	$	3,193.00
15-Road & Bridge	$	35,680.98
16-2008 Capital Projects	$	(2,940.59)
18-County Law Library	$	3,309.21
23-Juvenile State Aid Fund	$	640.00
28-Records Mgmt & Preservation	$	1,209.00
50-Indigent Health Care	$	8,660.74
70-Permanent Improvement	$	3,065.90
71-Schreinder Road Trust	$	12,256.95
76-Juv Detention Facility	$	5,573.57
83-216` District Attorney	$	161.98
86-216`" CSCD (571-Probation)	$	19,337.29
87-Community Service	$	307.16
TOTAL $ 304,743.14
Upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the
Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 31052
MONTHLY REPORTS
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Monthly Reports from:
Constable Pct # 1
Constable Pct #4
County Clerk
JP #3
District Clerk
JP #4
JP #1
Environmental Health
JP#2
ORDER NO. 31053
FINAL REVISION OF PLAT FOR LOTS 11 & 12 OF FOUR SEASONS ADDITION
Came to be heard this the 13th day of October, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Grant a variance on Lot 11A of Four Seasons Addition to be .959 acres.