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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, September 22, 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
Oo
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I N D E X
September 22, 2008
--- Commissioners' Comments
1.1 Consider/discuss, take appropriate action
regarding annual Courthouse Lighting Agreement
between Kerrville Christmas Lighting Corporation
and Kerr County
1.2 Presentation on status of current Alamo Regional
Transit operations and review of proposed new
service routes
1.3 Consider/discuss, approve replacement of election
judges and alternates for term of one year in
accordance with Texas Election Code
1.4 Consider/discuss, amend Court Order #30969 to
add County Treasurer and issue an order that
unopposed candidates are elected
1.5 Consider/discuss, take appropriate actions to
approve the cost of proposed budget and the cost
of the final budget of $25 each for FY 08/09
1.6 Consider/discuss, take appropriate action to
approve the Sheriff and Constable fees
1.10 Consider/discuss, take appropriate action to
approve Time-Warner contract for County Attorney's
office & take appropriate action to insure IT's
timely cooperation with transition
1.7 Public Hearing on proposed 2008 Kerr County
tax rate
1.9 Open bids for electrical, plumbing, HVAC, and
pest control services
1.8 Consider/discuss, set date for adoption of
2008 county tax rate
1.14 Consider/discuss, take appropriate action on tele-
', phone answering system/additional phone lines to
', accomplish telephone system for J.P. offices
1.11 Public Hearing on proposed salary, expenses, and
other allowance of Kerr County elected county or
precinct officers for FY 08-09
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I N D E X (Continued)
September 22, 2008
1.20 Consider/discuss, take appropriate action to
approve interlocal agreement between Kerr County
and Kerrville-Kerr County Joint Airport Board
for employment benefit and related services for
airport personnel 44
1.22 Consider/discuss, take appropriate action to
apply for 2009 Indigent Defense Formula Grant
1.23 Consider/discuss, take appropriate action to
approve a resolution regarding recycling
1.12 Public Hearing on Kerr County budget for
FY 08-09
1.13 Consider/discuss, take appropriate action to
approve a tax exemption under Property Tax
Code 11.184.b(1) for B.P.O. Elks Lodge #2081
1.16 Consider/discuss, take appropriate action to
make any changes in proposed and filed FY 08-09
budget deemed warranted by the law and required
by the interest of taxpayers, and adopt budget
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1.15 Consider/discuss, take appropriate action to
adopt a budget that will require raising more
revenue from property taxes than in the previous
year, and ratify property tax increase reflected
in the budget 95
1.19 Consider/discuss, take appropriate action on
proposed Kerr 9-1-1 budget 97
1.17 Consider/discuss, take appropriate action to set
and adopt salary, expenses, & other allowances of
elected county or precinct officers for FY 08-09 101
1.18 Consider/discuss, take appropriate action to
adopt the position schedule, step and grade
schedule, and general provisions for FY 08-09 104,
113
1.26 Consider/discuss, take appropriate action
regarding the agreement with Correctional
Healthcare Management to provide inmate medical
services effective October 1, 2008 109
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I N D E X (Continued)
September 22, 2008
1.21 Consider/discuss, take appropriate action on
additional pay due to Kerr County Court at Law
Judge for FY 07-08 because of change in state
Statutes and offsets to same due Kerr County
for FY 07-08 and prior years
1.24 Consider/discuss, take appropriate action
regarding policy and procedures for Hill
Country Youth Exhibit Center
1.27 Consider/discuss, take appropriate action on
creating an Indigent Health Care full-time
employee position with a minimum of 14.1 step/
grade for FY 08-09, and appoint a supervisor
1.25 Consider/discuss, take appropriate action to
accept any certifications, licenses, and/or
registrations from department heads that report
directly to Commissioners' Court that are
required by law for their Department
1.28 Consider/discuss, take appropriate action to
authorize building office space for office of
Indigent Health Care and Crime Victims Coordinator
in existing open area in the basement
1.29 Approval of promotion for current secretary
to office manager
1.30 Consider/discuss, take appropriate action to
rescind Court Order #30988 which set a public
hearing on October 13, 2008 at 10:10 a.m. for
revision of plat for The Woods, Section Two,
Revision of Lots 79, 80, 81, 82 & 83
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
5.2 Reports from Elected Officials/Department Heads
Adjourned
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On Monday, September 22, 2008, at 9:00 a.m., a special
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regularly scheduled meeting of the
Kerr County Commissioners Court posted and scheduled for this
date, Monday, September the 22nd, 2008, at 9 a.m. It is that
time now. Commissioner Oehler?
COMMISSIONER OEHLER: Let's rise and have a word of
prayer, and 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, this is
your opportunity to tell us what's on your mind. If you wish
to be heard on an agenda item, we'd ask that you fill out a
participation form. They're located at the rear of the room,
and get that up here to us. The main purpose is so that I --
I'll have that, and I won't -- I won't pass over you when we
get to that item, and be sure to include you and recognize
you on that item. However, if you do wish to be heard on an
agenda item, and you've not filed a participation form, just
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get my attention in some fashion and I'll give you the
opportunity to be heard. But right now, if there's any
member of the public or the audience that wishes to be heard
on any matter that is not a listed agenda item, feel free to
come forward at this time and tell us what's on your mind.
Seeing no one making an effort to come forward, we'll move
on. Commissioner Oehler?
COMMISSIONER OEHLER: It's getting dry again; grass
is getting dead. I'm going to put the burn ban back on
today. That's about it.
JUDGE TINLEY: Is that it? One?
COMMISSIONER BALDWIN: Yes, sir, I have a couple of
things. I heard on the newscast this morning that --
something very, very interesting. Down in the state of
Alabama, they have completely run out of ammunition and
firearms down there. I mean, Walmart or anybody; you can't
find any. The Alabamans are saying that Russia may invade
Georgia, but they're not coming into Alabama. (Laughter.)
Plus, we're honored by the presence of -- of a partner of
Kerr County's. The Department of Public Safety has a new
sergeant in town, and Chris Lalonde is with us, and I wanted
to introduce Chris not only to the Commissioners Court, but
to the general public. And Chris came from Eagle Pass,
Texas, so welcome to God's country.
SERGEANT LALONDE: Thank you.
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COMMISSIONER BALDWIN: Good to have you.
SERGEANT LALONDE: Okay. I just wanted to put a
face and a body with, you know, a rumor that, you know, there
was a new sergeant in town. So -- and I look forward to
i working with y'all, and if there's something I can do, you
know, just to talk, or if there's a complaint or something,
my door's always open.
COMMISSIONER BALDWIN: Thank you very much.
JUDGE TINLEY: Thank you, sergeant.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Anything else, Commissioner?
COMMISSIONER BALDWIN: No, that'll do it.
JUDGE TINLEY: Okay. Commissioner Williams?
COMMISSIONER WILLIAMS: Just want to express my
thanks to you, Judge, for telling the public who was here
last Monday night that it wasn't through indifference that I
missed the meeting. I did have a house full of company from
California, some of which are looking at moving to Kerr
County, and which would be good. I thank Kathy for giving me
the minutes as quickly as possible. I have read them. I
noted the comments of the eight members of the public who
spoke and the two county officials or county employees that
spoke, so thank you. We'll go from there.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
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JUDGE TINLEY: Commissioner Letz?
hopefully the press will start looking at this a little bit
as to inform the public, we're about to be besieged by power
lines again. It's primarily going to be Commissioner
Baldwin's and my precinct this time that are hit. But there
are three new power lines on their way to Comfort right now.
I didn't -- I was not aware until recently that Comfort is a
major player in the -- in the worldwide grid of electricity,
especially in Texas.
COMMISSIONER WILLIAMS: Wind power.
COMMISSIONER LETZ: Wind power. But there are two
public lines and one private line that are in the works. The
private line is a little bit less onerous, because they don't
have eminent domain capabilities. And Florida Power and
Light, they're buying right away at a pretty hefty price, and
there was a 180-foot right-of-way. Right-of-ways were also
180 foot wide each. One will be coming somewhere from
McCamey through just north of Kerrville to Comfort; it's on
the north side of the interstate. The other one's coming at
a little bit steeper angle. Not sure where it originated
from, but it's up past Abilene, I believe, and it's going be
to be coming a little bit right along the county line,
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Kendall-Gillespie-Kerr County line. These are all big lines
that will be coming in; going to have some impact on lots of
with our elected officials there, our congressional and
senatorial delegations in Washington. We had the mayor from
the City of Kerrville, Mr. Bock, and we had the KEDF reps,
Guy Overby and Sue Tiemann, and also we had the Chamber
people represented, Brian Bondy and Steve Chapman. I think
it was a productive meeting. We got to talk with our elected
officials about some ideas and needs that we have here
locally, and I'm -- I think, all in all, it -- it will be
productive in the long run. This is the third year that we
have done this, and each year it seems to be a little bit
more productive. So, hopefully we -- we've planted some
seeds and we're growing some seeds that have been previously
planted for the benefit of this community and this county,
and I think it was a very productive trip overall. I suspect
that the mayor will be making a report to City Council
sometime early next month, and we'll possibly bring issues to
the Court and to the City Council in connection with things
arising out of that visit, but we'll see what develops. And,
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again, I think it was quite productive. Let's get on with
our agenda, if we might. The first item on the agenda is to
consider, discuss, and take appropriate action regarding the
annual courthouse lighting agreement between Kerrville
Christmas Lighting Corporation and Kerr County. Mr. Bond
from the lighting corporation.
MR. BOND: Good morning. We met two weeks ago, and
we had a couple of -- or, actually, one minor revision to the
annual agreement. I've added that line to the agreement and
submitted it to both Tim and Rex, and I believe they both
agree that it meets the requirements that they asked for, as
well as yourselves. I just want to make sure that everything
looks okay to you on the license agreement. It's pretty -- I
think in a little while, we'll get this thing perfect to
where we won't have to revise it each year. But I think
we're good to go this year, unless you guys have a concern.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the license agreement. Further 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. Thank you
very much for being here, Mr. Bond.
MR. BOND: Gentlemen, I wanted to just bring up one
last sub-note. I sent an e-mail to you, Judge, over the
weekend about a related issue. We're excited to announce
this year that -- coincidentally, the Kerr County Market Days
and the Christmas lighting actually fall on the same day.
It's the fourth Saturday of the month, which gives us a
unique opportunity to turn our annual lighting into an
all-day event in the downtown square. We're excited to bring
in some additional music and food and things like that to
turn this into an all-day celebration in the hill country,
and I think it's going to be a good thing for downtown, as
well as Kerrville in general. I just -- there's not a
significant need for y'all to do anything for this. It's not
going to affect anything, other than maybe having a few of
her vendors stay a little later in the day on that day on the
courthouse lawn. But other than that, it's going to be
primarily for downtown. I just wanted to make it -- as a
courtesy to the Court, to let y'all know that this is
something we're excited about; think it's going to be a good
thing for Kerrville.
JUDGE TINLEY: Thank you, Mr. Bond. We look
forward to that event.
MR. BOND: Thanks.
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JUDGE TINLEY: The next item on the agenda is
COMMISSIONER WILLIAMS: Thank you, Judge. It's my
pleasure to introduce to the Court Gary Washington, who is
the new manager of Alamo Regional Transit, which operates out
of the bus depot on Schreiner Street in the vicinity of
Francisco Lemos. Incidentally, before Gary starts, the Court
may not be aware that AACOG acquired that piece of property
and financed it with a five-year note to purchase it from
Dietert Senior Center, and it is now totally paid off and is
owned totally by AACOG for the purposes of Alamo Regional
Transit. I asked Mr. Washington to come here just to give us
a brief review of what's taking place, and to talk to us a
little bit about some proposed restructuring or new routes
that will take place in Kerr County. Gary Washington. Gary?
MR. WASHINGTON: Morning, Your Honor, County
Commissioners. Commissioner Williams, I did attempt to send
a Power Point presentation to you, but it was so big that it
kicked back, so I brought copies. If anybody else would like
a copy, I have a few more.
COMMISSIONER WILLIAMS: If it was that big, it
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Okay. I'm Gary Washington, Transportation Coordinator for
Kerrville. On the second page, you'll see our service area.
It's for 11 counties, and we have a service area to all 11
counties. And third page, it's basically we're a service for
all ages; senior citizens, middle age, and the youth too. We
provide curb-to-curb transportation, also door-to-door
services. Third page is examples of our ridership are
medical-dental, pharmacy, senior citizen nutrition programs,
adult day care centers, job and job training, school. Kids
that live within the 2-mile radius that cannot ride the bus,
we offer transportation to them before school and after
school, like after-school programs like the Y.M.C.A., some of
the day care centers. We take passengers to pay bills, to
the grocery store.
On the fifth page, I thought it would be important
to include what our -- what our major ridership is in Kerr
County. The major transportation needs right now are
medical/dental appointments, followed by treatments to
physical therapy and other therapies. We have shopping trips
for nursing homes once a month; we take seniors from one
nursing home and transport them to San Antonio or wherever
they want to go to shop for the day. Health Occupations
Students of America, that was something we put on last --
last month for the Chamber of Commerce. Some of the students
needed a ride from the Y.O. to the -- West Mount? I'm not
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7	Center,
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JUDGE TINLEY: Mount Wesley?
MR. WASHINGTON: Mount Wesley, okay.
COMMISSIONER WILLIAMS: Mount Wesley.
MR. WASHINGTON: We took them there. We provide
changed since 2004. We'd like to keep it that way. Also,
Medicaid, the Worksource Solutions, Alamo Area of Aging. And
one of the things I thought is pretty important, too, is that
we also get money from local churches and local groups to
transport people in their congregation to different places
they need to go. So, on the sixth page, you'll see my staff
doing their pitch on the lower right-hand corner. We think
it's important that you call before 12 o'clock noon for your
appointment for the next day, and that's going to be provided
depending on availability. Be ready for 30 minutes -- be
ready for pickup 30 minutes before the scheduled pickup time,
and inform the dispatchers if you're -- if you have a
wheelchair, a scooter, or walker, and if you have an escort
to ride with you. Of course, there's a picture of our bus.
Contact us with information. If you have any kind of plans
or you see a need for us to give you service in any kind of
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way, just give me a call; we'll see if we can work that out.
Commissioner Williams asked me to bring this sheet
districts. I was trying to go into our software and see
exactly if I could pinpoint them in the zip codes, and I
couldn't. So, I basically went through and wrote down where
all of our riders were, different zip codes, so you can see
exactly where or how your representatives are being
represented. So, that's the example of the ridership. And
also, too, we just completed -- our consultant just completed
our -- our proposed routes, our proposed fixed routes for
next year and following. That's this page right here. There
are three proposed routes, A, B, and C, which basically they
cover all the major points in Kerrville. They're going --
we're going to see if we can get our ridership up and add
Route A and B, then C. Or maybe A and C, if it makes better
sense. So, basically, that's my presentation. And I left
everybody with a copy of this -- of the proposed published
fares. Any questions?
JUDGE TINLEY: Mr. Washington, the -- the hours of
operation for your service, what are those hours of
operation?
MR. WASHINGTON: Basically, we're 8:00 to 5:00.
got to pick up somebody to go to San Antonio for dialysis, we
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usually have to pick them up at 5 o'clock in the morning, and
then we try to get them in there, because since we only drive
until 5 o'clock, we have to get them in there as early as
possible. So, we're flexible.
JUDGE TINLEY: It appears that you're trying to
I
tailor your service to whatever the particular needs are that
arise --
MR. WASHINGTON: Sure.
JUDGE TINLEY: -- in this community, and I
appreciate that. Have you had a demand for service earlier
than 8 o'clock in the morning for people needing
transportation to work?
MR. WASHINGTON: Sure. Yes, we have.
JUDGE TINLEY: And?
MR. WASHINGTON: And we are accommodating that,
just as long as it fits into our schedule. It doesn't
really -- wouldn't make a lot of sense to transport one
person all the way to, say, San Antonio, but if we can get a
busload of people going there, that would make sense to us.
'Cause with the price of fuel and everything else going up,
it has to be fiscally responsible for us, too.
JUDGE TINLEY: Mm-hmm. It occurs to me that maybe,
you know, around 7 o'clock or something in the morning,
people -- if you had a large enough group in a -- in a fairly
confined area that could, you know, maybe at least half fill
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up your bus, --
MR. WASHINGTON: Sure.
JUDGE TINLEY: -- that would be something that
would be doable?
MR. WASHINGTON: Sure.
JUDGE TINLEY: Okay. Okay.
MR. WASHINGTON: Yes, it would.
JUDGE TINLEY: 'Cause I've had that question posed
to me about that being a particular problem for employers,
that their employees don't have transportation to get to
work. And if those employers can be made aware of service
you offer and then get their employees to gather up, as it
were, --
MR. WASHINGTON: Sure.
JUDGE TINLEY: -- then maybe you guys could give
them that help.
MR. WASHINGTON: We'll entertain all -- all those
', suggestions.
JUDGE TINLEY: Same thing later in the evening when
they get off, and maybe they don't get off till 6 o'clock in
the evening. If there's a large enough group, you could
accommodate them, transporting them back home from work?
MR. WASHINGTON: Yes. Yes, we could.
JUDGE TINLEY: Okay. Thank you, sir.
COMMISSIONER WILLIAMS: Gary, when you and I spoke,
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we were talking about when the consultant's report was going
to be completed that would detail some routes in Kerr County.
MR. WASHINGTON: Sure.
COMMISSIONER WILLIAMS: Inside and within the city
limits and outside the city limits. And I noticed from your
map here, it appears that you have accommodated one of the
areas of need that I indicated to you, which is around the
Doyle School.
MR. WASHINGTON: Yes.
COMMISSIONER WILLIAMS: Wallace, Swigert, Webster,
Paschal, and off of Schreiner Street. My question to you is,
when are these routes going into effect, and secondly, how
frequently do they -- do they run?
MR. WASHINGTON: Right now, it's just a proposal.
We're looking at how we're going to fund that. I was
proposing that -- that they have four -- at least four trips
in the morning and four trips in the afternoon, but if
there's a need to go earlier or make more trips and we can
support it, we will.
COMMISSIONER WILLIAMS: And what size vehicle would
you anticipate using?
MR. WASHINGTON: Right now, we're going to use the
Type 2, which is 11-passenger.
COMMISSIONER WILLIAMS: Okay.
MR. WASHINGTON: We've got six vehicles that are on
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order. We recently, last week, received a Type 3, which is a
24-passenger van.
COMMISSIONER WILLIAMS: Mm-hmm.
MR. WASHINGTON: So, we're currently using those
for the nursing homes, for the shopping trips to San Antonio.
COMMISSIONER WILLIAMS: Okay. Alamo Regional
operates a lot of vehicles in the 11 counties surrounding
Bexar County. How many of them are stationed here in Kerr
County permanently?
MR. WASHINGTON: We have 17.
COMMISSIONER WILLIAMS: Okay. So --
JUDGE TINLEY: Kerr County alone, 17?
MR. WASHINGTON: Yes.
COMMISSIONER OEHLER: Ah.
MR. WASHINGTON: Seventeen are based in Kerrville.
COMMISSIONER WILLIAMS: Well, if the Court
remembers, every now and then I share with you some ridership
statistics, and we drive a lot of miles in Kerr County.
MR. WASHINGTON: Yes, we do.
COMMISSIONER WILLIAMS: It's a very valuable
service. And Gary's new to the job. His predecessor went
from Alamo Regional Transit over to Worksource and is now
employed there, and so Gary's learning. He's learning well
and quickly and on the job, and we thank you.
MR. WASHINGTON: Thank you.
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COMMISSIONER LETZ: Thank you for coming.
JUDGE TINLEY: Any other questions for
Mr. Washington? Thank you, sir. We appreciate you bringing
us this information.
MR. WASHINGTON: Last comment. How about those
Cowboys last night?
COMMISSIONER BALDWIN: Yes, indeed. (Laughter.)
JUDGE TINLEY: I knew somebody was going to get
that in. Thank you, sir.
MR. WASHINGTON: Uh-huh.
JUDGE TINLEY: Let's go to Item 3, if we might.
Consider, discuss, and approve the replacement of election
judges and alternates for the term of one year in accordance
with the Texas Election Code, Section 32. Ms. Alford?
MS. ALFORD: Good morning. In Precinct 211, we
were going to replace Dee Speaker, but I was notified this
weekend that Pam Crumwin --
COMMISSIONER WILLIAMS: Crumrine.
MS. ALFORD: -- Crumrine cannot do it, and I don't
have a replacement there yet, but I need to replace 406, Jane
Trolinger, with John Romero, 'cause he lives in Precinct 406.
COMMISSIONER OEHLER: Good man.
COMMISSIONER WILLIAMS: So, we're not approving
anybody for 211, then? That means you're coming back?
MS. ALFORD: Correct.
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COMMISSIONER OEHLER: I move approval of election
judges for Precinct 406, Jane Trolinger with John Romero.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Further question or discussion on the motion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll go to
Item 4; consider, discuss, and amend Court Order Number
30969, certification of unopposed candidates to add County
Treasurer and issue an order that the unopposed candidates
are elected. We omitted the Treasurer last time?
MS. ALFORD: We omitted the Treasurer from the
first one, so we need --
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Further question or discussion?
Apologies to Ms. Williams. All in favor of the 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.
MS. ALFORD: Thank you.
JUDGE TINLEY: We'll go to Item 5; consider,
discuss, take appropriate action to approve the cost of the
proposed budget and the cost of final budget of $25 each for
FY 2008-09. Rather than a dollar a page, you're just
proposing that --
MS. PIEPER: Correct, just a flat fee.
JUDGE TINLEY: -- for a copy of the complete
budget, they pay 25 bucks?
MS. PIEPER: Correct.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Item 6,
consider, discuss, and take appropriate action to approve
Sheriff and constable fees.
MS. PIEPER: I'll turn that over to the Sheriff;
it's his fees.
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COMMISSIONER BALDWIN: Oh, come on. We've got to
get out of here today sometime.
MS. PIEPER: I'm sorry.
SHERIFF HIERHOLZER: That may not that many. We
haven't changed any of our fees since 2000, I guess, was the
last time we raised or changed any, so there are a few
changes on these that I think just economics is sort of --
kind of necessitating, and that's such as all the subpoenas,
summonses, executions, small claims, justice courts. All
those that were $60 each, have changed those to -- I'm asking
to change those to $65. And then on the writ of possession,
which is the big ones that the constables normally have to
do, we've left that at $200, but then also added $50 an hour
after the first hour. Those can end up taking a long time
and cost the constables days of sitting there kind of
guarding --
COMMISSIONER BALDWIN: $50 an hour for the
constable to be there on -- on duty, guarding somebody
else's --
SHERIFF HIERHOLZER: He's required to be there when
they move everything out, and, you know, if it's a -- if it's
a writ of possession, giving the house or apartment or
whatever back to the landowner or landlord. And it's that
cost that gets expensive.
JUDGE TINLEY: How -- how do those proposed fees
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fit in with comparable fees charged by --
SHERIFF HIERHOLZER: Just about --
JUDGE TINLEY: -- other counties?
SHERIFF HIERHOLZER: Just about in the middle.
JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: Some of these -- some people
had said, you know, "Well, we ought to do the -- the small
claims and the citations higher." That's, you know, what it
costs to file a lawsuit. The thing is, these fees are not
the filing fee. They're just the service fee that the
constable or the -- or my deputy has to do, okay? The filing
fee's different, and if you get them up too much, then people
can't even file their small claims suits, because it costs
more to file it than it's worth, so I don't think that's
appropriate. And I did change the bailiff fee from $15 to
$20.
COMMISSIONER LETZ: Move approval of the fee
schedule as presented by the Sheriff.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the Sheriff and Constables 2009 fee schedule.
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.
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(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 10; consider, discuss, and take appropriate action to
approve a Time-Warner contract for the County Attorney's
office, and take appropriate action to insure I.T.
Department's timely cooperation with the transition.
MR. EMERSON: Morning, gentlemen.
JUDGE TINLEY: Good morning.
MR. EMERSON: We are taking three to four of our
computers off the County's network in our office. In the
past, historically, there's been a concern for security on
the County's network on certain websites and certain
information that was accessed. A lot of that information, we
need to access that to do our job in the prosecution.
There's an amazing number of things that we can find out
about some of our defendants when we go into some of those
websites, but John's indicated it's a security risk for the
County. So, what we would like to do is, we've talked to
Time-Warner. I've also talked to Windstream, but Time-Warner
seems to be the better opportunity at this point. There's
two options for a contract. There's a one-year deal that
would cost us $119 a month. There's three years that we can
sign up for $99.95 a month. The three-year is actually the
better opportunity, and not only because we save $20 a month,
but when you take the $20 a month off, even if we cancel, by
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the time you build in the cancellation fee, we're still not
back to as expensive as the one-year is, so it's a better
opportunity. If there is any administrative duties that are
required to be done to the computers that we take off the
County's network, you know, we would appreciate the
cooperation of I.T. Since y'all are I.T.'s boss, that's why
that's on there.
COMMISSIONER WILLIAMS: I understand the nature of
your request, but I'm really -- I'm really kind of interested
in why staying on the county system, as you have been, to do
the things you need to do poses a security risk to the rest
of the system. I'd like somebody to explain that to me.
MR. TROLINGER: Well, actually, it really boils
down to service, I believe. And I believe the responsiveness
to the County Attorney's office has been lacking in the past
two months, and that's what this boils down to. We can
certainly accommodate the County Attorney's request with the
existing network by making changes to allow certain computers
full access to the Internet.
COMMISSIONER WILLIAMS: However?
MR. TROLINGER: Well, that's the bottom line. We
simply need to work better with the County Attorney's office.
I.T.'s fallen down on the job on it. That's the bottom line.
II JUDGE TINLEY: Mr. Emerson, if -- if there's the
proper input from I.T., is it -- is it necessary that you
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take this step to go to the Time-Warner service?
MR. EMERSON: Not if we can get the access and --
and timely response.
COMMISSIONER WILLIAMS: Well, now that we got that
on the table, let's find out if we can or we can't. Can we?
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: But, wait. The issue is that,
as I understand -- let me make sure I understand what we're
even talking about here -- is that the County Attorney needs
to go to lots of different websites, whether it be law stuff
or background, whatever they do, and they're blocked because
of security settings that we have -- you have set on the
system.
MR. TROLINGER: Correct, county-wide -- or
courthouse-wide settings that are set for everyone in the
network. They're blanket settings, yes.
JUDGE TINLEY: Are there adjustments that can be
made to -- to the computers in the County Attorney's office
to give them access they need to those sites that would
otherwise be outside of what you want the general courthouse
to have access to?
MR. TROLINGER: Yes.
COMMISSIONER LETZ: But --
JUDGE TINLEY: What's it going to take to make that
happen?
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MR. TROLINGER: Making the changes for those
particular computers and segregating them, as the County
Attorney wants to do. Segregating them. But, really, the
bottom line is, we just need to be more responsive and listen
to what he needs and wants, and get it done.
JUDGE TINLEY: So, what we wants is doable without
doing the Time-Warner deal? Is that what I'm hearing?
MR. TROLINGER: It is.
COMMISSIONER LETZ: He'll be able to access
whatever he wants?
MR. TROLINGER: Yes.
COMMISSIONER WILLIAMS: How quickly can you make
that happen?
MR. TROLINGER: Well, that's the issue.
COMMISSIONER WILLIAMS: Yeah.
MR. TROLINGER: Today I'll just stay late, do
whatever we need to do.
JUDGE TINLEY: Does that resolve your issue,
Mr. Emerson?
MR. EMERSON: Just one more question. Can we get
the administrative block removed to where we can input new
programs and download programs on those set computers?
MR. TROLINGER: Yes.
JUDGE TINLEY: Just the same ones?
MR. EMERSON: Yes, sir.
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MR. TROLINGER: And that's much of the issue, is
that administrative allowance per the I.T. policy to allow
the installation of programs from the Internet is -- is not
there on those computers, and for those particular computers,
we just need to open it up and say, okay, those are
sacrificial lambs. If -- you know, they're segregated from
the network, and if they get infected, then we'll have to
just spend some time fixing them.
COMMISSIONER WILLIAMS: Corollary question here,
unless the County Attorney raises his hand and says I can't
ask it. But I'm going to ask it; then he'll raise his hand.
Quite often, you refer to an I.T. policy that guides the
actions of your department with respect to the system and its
utilization. My question to you is, has this Court seen the
entire I.T. policy, and have we approved it?
MR. TROLINGER: Yes. It was effective in 2004,
before I started, and it's posted on the I.T. web page, so
it's been in effect for quite some time. We've discussed it
a few times, but no action's been taken on modifying it.
COMMISSIONER WILLIAMS: Is the posted -- the '04
posted policy, has it ever been amended?
COMMISSIONER LETZ: The hand's --
MR. EMERSON: The hand's up.
JUDGE TINLEY: Good try, Bill.
COMMISSIONER WILLIAMS: I knew sooner or later I'd
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get that.
JUDGE TINLEY: But the two items, the
administrative and then the access to the other things that
the County Attorney wants, is doable with the existing
equipment and the timely cooperation of your office?
MR. TROLINGER: And that's the bottom line, yes,
slr.
JUDGE TINLEY: Okay. And you're willing to commit
to do whatever is necessary in the earliest possible time
frame in order to accomplish that for his benefit?
MR. TROLINGER: Yes.
COMMISSIONER OEHLER: Meaning today. Before
tomorrow.
JUDGE TINLEY: Starting today.
MR. TROLINGER: Yes.
COMMISSIONER LETZ: The -- the next question I
have, then, is -- is there are -- I see other elected
officials and department heads in the audience that are --
that their eyes are listening at the moment, because they see
a change in policy coming. How hard is it -- is this
something you can do for other departments?
MR. TROLINGER: Well, if we want to relax the
security or review it again, if I can get some feedback,
that's number one. And I got some feedback from the Sheriff
last week. I had no idea, you know, we can't do this or
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that. And I'm just not -- maybe I'm not listening or asking
the right questions when I see the various offices as to what
they need access to. And not knowing that they can't get to
something is the number one issue.
COMMISSIONER LETZ: I think we need to -- I mean, I
hear from other departments, and the Sheriff being one, and
others. I think that it's a -- we need to put it on the next
agenda to figure out a system to do this, because I think
that it's -- the security settings for the county are pretty
strict, and when we adopted the policy, I thought it was such
that we needed it that way to keep viruses and things out.
We need to protect the system, but we need to allow our
department heads and elected officials the ability to work.
COMMISSIONER BALDWIN: Jon, I'd like to see also at
the next meeting the agenda item be broad enough to answer
the question, why didn't they work this issue -- why is this
issue in the Commissioners Court?
JUDGE TINLEY: Good question, Commissioner.
COMMISSIONER BALDWIN: Why didn't he just go to him
and say, "Do this," and he says, "Okay," like he's saying
today? That tells me there's an underlying problem there
that needs to be addressed. So, that's all.
JUDGE TINLEY: I think it's called teamwork,
Commissioner.
COMMISSIONER BALDWIN: I believe it is, something
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like that.
COMMISSIONER LETZ: Okay.
MR. TROLINGER: And I'll admit, approachability and
my availability has not been the best. I've been mostly gone
the past two weeks.
JUDGE TINLEY: I'm hearing a pledge from you to
improve that significantly?
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: Is that correct?
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: Okay. Anything else on that item,
gentlemen? I will recess the Commissioners Court meeting at
this time, and I will convene a public hearing on the
proposed 2008 Kerr County tax rate.
(The regular Commissioners Court meeting was closed
at 9:36 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 or
the audience that wishes to be heard with -- with respect to
the proposed 2008 Kerr County tax rate? Again, anybody
wishing to be heard with regard to the proposed 2008 Kerr
County tax rate?
(No response.)
II JUDGE TINLEY: Seeing no one wishing to be
II recognized or coming forward to speak, I will close the
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public hearing with respect to the proposed 2008 Kerr County
tax rate, and I will reconvene the Commissioners Court
meeting.
(The public hearing was concluded at 9:36 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And we'll go to Item 9, a timed item
for 9:30, and that is to open bids for electrical, plumbing,
HVAC, and pest control services. Mr. Bollier?
MR. BOLLIER: Yes, sir.
COMMISSIONER OEHLER: You need a real knife,
Jonathan?
COMMISSIONER LETZ: I got a real knife. Appreciate
the assistance.
JUDGE TINLEY: We don't want any Bowie knives.
COMMISSIONER WILLIAMS: How big is your real knife?
COMMISSIONER OEHLER: It still fits in my pocket.
JUDGE TINLEY: Okay. The first proposal is from
Compton's of Kerrville, with regard to -- looks like it's
electrical, plumbing, HVAC. They don't indicate which. I
~~
~' don't know whether -- I don't think he's in the plumbing
business or the electrical business; I think it's all HVAC.
The next one is from Foss Pest Control with regard to pest
control services. Next proposal is for pest control from
Hill Country Pest Control. The next one is from Whelan
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Plumbing, dealing with plumbing services. We have one from
Kerrville Service Company dealing with HVAC, and we have
another one from Kerrville Service Company dealing with HVAC.
I'm not --
COMMISSIONER LETZ: Maybe it's a different one,
Judge.
JUDGE TINLEY: -- certain why we had --
THE CLERK: One could be the original and one could
be a copy.
JUDGE TINLEY: Okay. Or they could have amended
their bid.
COMMISSIONER LETZ: I move we accept all bids and
refer them to Maintenance for recommendation -- Maintenance
Director.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for -- to
accept the bids and refer them to Maintenance for review and
recommendation. 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.)
JUDGE TINLEY: That motion does carry. Let's go
back to Item 8, if we might. Consider, discuss, and set date
for adoption of 2008 county tax rate. Earliest date,
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gentlemen, is probably going to be Friday morning, because of
the posting requirement. We obviously have until -- I think
notice must be given not less than three days.
MS. BOLIN: And not more than 14.
JUDGE TINLEY: And not more than 14.
MS. BOLIN: Yes.
JUDGE TINLEY: So, we basically got till the end of
the month --
MS. BOLIN: Right.
JUDGE TINLEY: -- to set that. Obviously, the two
odds-on favorites will be Friday and next Monday.
COMMISSIONER OEHLER: I'd say Monday.
COMMISSIONER BALDWIN: Monday.
JUDGE TINLEY: Okay. 9 a.m.?
COMMISSIONER BALDWIN: 9 a.m.
COMMISSIONER LETZ: That's fine.
MS. BOLIN: 9 o'clock Monday?
JUDGE TINLEY: Or is there some other time that's
more preferable?
COMMISSIONER BALDWIN: We did good with 7:00 this
morning, didn't we? Except for Bruce. Bruce had to do the
milking out in Mountain Home.
COMMISSIONER OEHLER: Cow was hurting.
JUDGE TINLEY: We're looking at next Monday, the
29th of September, 2008, at 9 a.m. Or a different time?
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COMMISSIONER LETZ: 9:00 is fine.
JUDGE TINLEY: 9 a.m.? Is that acceptable,
I Ms. Bolin?
MS. BOLIN: Fine by me.
JUDGE TINLEY: Okay. Who was it made that motion?
COMMISSIONER WILLIAMS: Commissioner Baldwin.
COMMISSIONER BALDWIN: Yes.
JUDGE TINLEY: You made that motion?
COMMISSIONER BALDWIN: I made that motion. Yes,
sir, I did.
COMMISSIONER OEHLER: And I'll second it.
JUDGE TINLEY: And we have a second. Question or
discussion on that motion? All in favor of the motion to set
and adopt the 2008 county tax rate Monday, the 29th of
September, 2008, at 9 a.m., signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move
to Item 14; consider, discuss, take appropriate action on
telephone answering system and additional phone lines to
accomplish telephone system for Justice of the Peace offices.
Is Judge Ragsdale here? He was working on this particular
item. As the Court will recall, he wanted a setup for
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answering that would create an efficiency by having a
standard message for all four J.P. courts with respect to
their various options, so as to allow the clerks in those
offices to be able to more efficiently handle their paperwork
and still provide the service to the public. He had provided
some information with respect to the cost involved to do that
to Hill Country Telephone Co-op. The material for that is
included with your --
COMMISSIONER BALDWIN: Let's see. If I remember,
there was lease numbers as well as purchase numbers.
JUDGE TINLEY: Yeah, there's a lease-purchase --
lease and/or purchase of the equipment, number one, and
number two, there's a monthly charge for the lines.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Right. The thing about the
lease option, instead of there being a $1 buy-out at the end
of the lease, it's apparently fair market value; there's no
specification of the cost at the end of the lease period. We
could be paying a significant amount for that equipment.
But --
COMMISSIONER BALDWIN: And I apologize; I don't
remember. What's this supposed to do?
JUDGE TINLEY: Well, when -- it's an intercept
line, where --
COMMISSIONER BALDWIN: How does it help the
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citizens of Kerr County?
JUDGE TINLEY: Well, presumably, it allows the
clerks, who we have heard are boat-loaded now with regard to
the amount of work they're doing with the cases and so forth,
and presumably it's going to allow us to not have to increase
that staffing. That's what we were told.
COMMISSIONER LETZ: Well, the lease, I don't -- I
don't see the need to be a lease system. I mean, I don't
understand why -- I mean, the cost -- just go to Walmart and
buy a telephone with an answering machine on it, or use AT&T.
I mean, it seems like how they lease -- I see the need for
it, but it seems that we need a commitment from all the
J.P.'s that -- I mean, to me, my recollection is that they --
the concern was that when people get a ticket, they
immediately call the J.P.'s, and, you know, it's bogging down
the clerks of J.P.'s office, and I see that. If all J.P.'s
put the same number on all the tickets going out in Kerr
County, and it says -- and then refer them to a recorded
message that says, you know, whatever they want to say, and
then if you need to talk to J.P. 1, you call this number;
J.P. 2, this number. I think -- I mean, I don't know why you
need four lines to do that. I don't know why you can't just
add one line and -- you know.
COMMISSIONER OEHLER: I think that's what this
proposal is, is for one line, one system to do all the
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answering; is that not correct?
JUDGE TINLEY: Well, he's talking --
COMMISSIONER OEHLER: I'm not saying I support
this. I'm just saying that's what the idea is, is to have
one line where all those calls tunnel into where they can get
directions on how to take care of their tickets.
COMMISSIONER LETZ: On here, each line -- three
lines would cost this much, and four lines would cost, you
know, this much. Why -- I don't understand why we need more
than one new line to do this.
COMMISSIONER OEHLER: Just have the J.P.
information number, looks to me like.
COMMISSIONER WILLIAMS: At the tail end of his
proposal, he has a Norstar compact digital integrated
communication system for 5,200 bucks.
COMMISSIONER OEHLER: Sounds pretty high to me.
COMMISSIONER WILLIAMS: Is this a lease or
purchase? Or --
COMMISSIONER OEHLER: I believe that's purchase.
COMMISSIONER WILLIAMS: That's purchase.
COMMISSIONER LETZ: To me, can't you go with KTC or
Wind -- whatever you call them, Windstream, and get, like, a
voicemail, get a recording when you call the number?
JUDGE TINLEY: I think the difficulty was, the
reason that it was suggested to check with the co-op was
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because of the monthly line charge being significantly
greater in -- in the Kerrville system, Windstream system.
COMMISSIONER LETZ: Well --
JUDGE TINLEY: That was the reasoning for -- for
Judge Ragsdale getting the proposal from the telephone co-op.
COMMISSIONER LETZ: And I don't know -- anyway, and
I recall fine, but I still don't see why we need more than
one line that you put a recording on.
COMMISSIONER OEHLER: Maybe the J.P.'s could tell
COMMISSIONER LETZ: Judge Wright, do you have any
the time that our clerks spend -- are spending answering the
same questions over and over. This one phone number would
only be on the letter that goes to the person that gets a
traffic ticket. They won't ever read the letter, but if we
had the recording, "Do you want to take defensive driving?"
You answer all the questions, and then if it didn't answer
whatever questions they had, they would be directed to the
clerk to take it further. But it would just be one phone
number, one line, one answering machine. This is my
understanding; I don't know. Judge Ragsdale did all of the
inquiring about it. But it would just be to answer all those
questions that they continually answer all day long, because
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people won't read their letter that they've got. Our local
numbers will remain the same in the telephone book. This is
just to go on the letter to recipients of a traffic ticket.
COMMISSIONER WILLIAMS: Well, this is important for
Judge Ragsdale. Is it important for you too?
JUDGE WRIGHT: All of us. Our girls spend about
half their time answering the same -- I'm not going to say
stupid questions, but the same questions. And it's all
explained in the letter they get with the ticket, but they
don't read the letter. They call -- they call and say, "I
need to speak to the Judge. Well, the officer told me I
needed to call the Judge." Well, the Judge can't talk to
them, so she's stuck answering the questions, plus asking,
"Does this pertain to a case?" He's got the particulars on
it. I'm sorry he's not here to explain it further.
COMMISSIONER LETZ: According to my calculations,
you know, I mean, $450 would cover it. It's one phone line,
initial charge, and $31 a month.
COMMISSIONER BALDWIN: Judge, I think that we
should wait till Judge Ragsdale is in here to, you know, do
this thing.
JUDGE TINLEY: Yeah, I think we got some open
recess the Commissioners Court meeting at this time, and I
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(The regular Commissioners Court meeting was closed
at 9:50, and a public hearing was held in open
court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard with respect to the proposed salary,
expenses, and other allowances of Kerr County elected county
or precinct officers for Fiscal Year 2008-09? Again, any --
any member of the public wishing to be heard on the proposed
salary, expenses, and/or allowances of Kerr County elected
county or precinct officers for Fiscal Year 2008-09?
(No response.)
JUDGE TINLEY: Seeing no one trying to be
recognized or otherwise coming forward to be heard, I will
close the public hearing on the proposed salary, expenses,
and other allowances of Kerr County elected county or
precinct officers for Fiscal Year 2008-09, and I will
reconvene the Commissioners Court meeting.
(The public hearing was concluded at 9:51 a.m.,
and the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And let us go to Item 17; consider,
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salary expenses and/or allowances of elected Kerr County or
precinct officers for FY 2008-09.
COMMISSIONER LETZ: Judge, aren't we --
JUDGE TINLEY: Let me just ask the question,
Commissioner. Do you want to consider that item after the
budget item?
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Okay. Let's defer on Item 17. How
about we look at 18? Will you go for that?
COMMISSIONER LETZ: I'll go for 18.
JUDGE TINLEY: Item 18 will be consider, discuss,
take appropriate action to adopt the position schedule, step
and grade schedule, and general provisions for FY 2008-09.
We normally adopt those, or had been in the past, as a part
of the budget, but now we're adopting them separately, and
they are within the materials with your agenda item.
COMMISSIONER LETZ: Ms. Hyde, you have a question?
COMMISSIONER WILLIAMS: Ms. Hyde has her hand up.
MS. HYDE: I can't give you a position schedule and
step and grade that's completed until the other one has been
completed. Right?
JUDGE TINLEY: We are again looking at the cart
before the horse, huh? Or vice-versa.
MS. HYDE: I can give you one with names and
positions.
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JUDGE TINLEY: But until they're funded, you can't
do that? Is that what you're saying?
MS. HYDE: I -- Rex?
JUDGE TINLEY: Okay. Well, let's pass on that
particular item, what do you say?
COMMISSIONER WILLIAMS: Are we in a catch-22
situation here?
JUDGE TINLEY: Yeah. We're going to find something
that'll fly here in a minute.
COMMISSIONER LETZ: Item 20.
JUDGE TINLEY: Yeah, Item 20. Consider, discuss,
take appropriate action to approve interlocal agreement
between Kerr County and the Kerrville/Kerr County Joint
Airport Board for employment benefits and related services
for airport personnel. Commissioner Williams, can we do that
one without approving the budget first?
COMMISSIONER WILLIAMS: Yes, sir, I believe we can,
Judge.
JUDGE TINLEY: Okay. Well, take it and run with
it.
COMMISSIONER WILLIAMS: Let's try. Commissioner
Letz and I have attended many of the Airport Board meetings
here recently, and they have examined very carefully all of
the options for continuing service beginning October 1 that
were given to them by the City. They opted to go the
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third-party route, which, in effect, will be Kerr County, and
the airport -- interim Airport Manager has been extended and
that's before you -- is to allow Kerr County to -- through
interlocal agreement, to provide the benefit structure,
health insurance, life insurance, pensions and so forth by
interlocal agreement with the Airport Board. They pay for
it; we extend the services, and that's what this agreement's
all about. The agreement, as I indicated, was drafted by the
County Attorney, forwarded out to the Airport Board. They're
waiting on us to set the standard here and approve it, and
they'll complete it at their Airport Board meeting. This is
the preferred route for them to go. They want to go this
way. So, all that said, I would move approval of the
interlocal agreement between Kerr County and the Kerr County
Joint Airport Board for employment benefit and related
services for airport personnel.
COMMISSIONER LETZ: Second. And I see a perplexed
look on Commissioner Baldwin.
JUDGE TINLEY: Motion made and seconded as
favor of the 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: That motion does carry.
COMMISSIONER WILLIAMS: See how easy that was,
Judge?
JUDGE TINLEY: Yeah. Let's go to Item 22;
consider, discuss, take appropriate action to apply for the
~i
2009 Indigent Defense Formula Grant. This is something that '~
comes up every year to apply for the Indigent Defense money
out of the governor's Criminal Justice office. There's a
deadline for applying; sometime in October, I believe. It
should indicate in your -- October 21, 2008. The -- the
amount estimated at this time is $26,317, which, of course,
is a drop in the bucket compared to what we pay for indigent
defense. But --
COMMISSIONER WILLIAMS: We'll take what we can get.
JUDGE TINLEY: -- beats nothing at all.
COMMISSIONER WILLIAMS: So, all we need is a motion
to approve this?
JUDGE TINLEY: That's right.
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on that motion?
COMMISSIONER BALDWIN: If -- if we get the grant,
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who -- who applies it to the program?
JUDGE TINLEY: That goes through the Auditor's
office.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: And they've been handling that for
-- within my memory. Long, long before Ms. Hargis got here,
the Auditor handled it, as I recall. Other 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 23; consider, discuss, take appropriate action for
approval of a resolution regarding recycling. If you'll give
us your name and address and tell us what's on your mind.
MS. MOSS: My name's Melissa Moss. Good morning,
gentlemen.
COMMISSIONER LETZ: Morning.
MS. MOSS: This -- this resolution is part of a
public awareness campaign. It's statewide, simply to
recognize the importance of recycling in regards to trade,
keeping jobs in Texas, protecting the environment, landfill
preservation, and energy conservation. So, that's -- that's
that. I would be happy to answer any questions that y'all
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may have.
COMMISSIONER BALDWIN: I don't -- I cannot see --
'~ I'm going to vote for this, but --
MS. MOSS: Good.
COMMISSIONER BALDWIN: -- I'll tell you, you and I
are worlds apart on some of this stuff. What in the world
does 3.4 million manufacturing jobs leaving the U.S. have to
do with us recycling here in Kerrville?
MS. MOSS: Well, it is -- it's kind of hard to
see --
COMMISSIONER BALDWIN: Isn't that more of a
political statement?
MS. MOSS: No, I don't --
COMMISSIONER BALDWIN: Are you sure?
MS. MOSS: I don't believe so. What it comes down
to is, when you recycle and you're using recycled materials
to manufacture products, you're lowering costs and you're
using less energy. Lowering costs and using less energy
keeps Texas companies on the map when it comes to trade,
either globally or domestically, which also translates into
better jobs in Texas and increase in pay. I do have, you
know, some specific stats on job loss; that's nationwide.
Here in Texas, we've lost 200,000 jobs since 2001, and that's
just to China. Since 1998, there's been 155,000
manufacturing jobs lost in Texas. So, you know, it's pretty
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staggering, and it's very staggering nationwide. But, you
know, our focus here is on Texas and keeping y'all's jobs
I here .
COMMISSIONER WILLIAMS: This resolution wasn't
written by Mr. Gore, was it? As I read about global climate
and --
COMMISSIONER BALDWIN: I'll tell you, man.
COMMISSIONER WILLIAMS: -- greenhouse gases.
MS. MOSS: No, absolutely not.
COMMISSIONER BALDWIN: We're all going to die if we
don't do this thing. (Laughter.)
MS. MOSS: No, no, no. This is not to inflict any
kind of fear, no. I have absolutely nothing to do with Al
Gore, no. That's a very funny question, but no.
COMMISSIONER LETZ: I may not be at kind as
Commissioner Baldwin. I may vote -- I probably will vote
against this, and it's because all of this stuff about energy
has gotten us into a lot of the problems that we're in right
now. When I think of ethanol, well, that's not mentioned in
here, and corn and a lot of other stuff, and I just think
this stuff is -- needs to be thought out a lot better than
sending a blanket resolution to Congress that has messed up
our policy to start with. I just can't go along with
something like this, sorry.
MS. MOSS: That's okay.
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JUDGE TINLEY: Ms. Moss, who or what is Moore and
I Van Allen?
MS. MOSS: We are a government relations
department.
JUDGE TINLEY: Does that mean lobbyists?
MS. MOSS: We have some lobbyists, yeah. I'm not a
lobbyist. We operate within a law firm, so that's Moore and
Van Allen. That's mainly because we can get a lot of, you
know, funding and various things that way. We're kind of a
small department; there's only about 45 of us.
JUDGE TINLEY: Where is Moore and Van Allen from?
MS. MOSS: Based in Charlotte, North Carolina.
JUDGE TINLEY: Okay.
MS. MOSS: I'm fortunate to spend most of my time
here in Texas, which I like.
JUDGE TINLEY: Who is ramrodding this particular
resolution?
MS. MOSS: We represent domestic manufacturers.
JUDGE TINLEY: Okay.
MS. MOSS: This is not to -- and I've been asked
this question, and I want to make clear that this is, to my
knowledge, not going to come across as any kind of mandate
for y'all to start recycling more. That's not at all what
the focus of this resolution is. It -- but, excuse me, it
basically is just going to come down to us saying, you know,
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at the county and city level, we've gathered a lot of support
for the congressional delegations and the state delegation to
support recycling initiatives statewide. To date, we've had
27 counties and municipalities pass this. We actually have
19 on agendas today, so it's a big day for us. And in the
next few weeks, we've got about 10 more. So, we've kind of
just started this in the last few months, and we're just
trying to make progress and say, you know, to the state that
recycling's a good thing. We need to support it. We need to
give recognition to manufacturers that are recycling and that
are doing the things that I mentioned earlier, keeping your
landfills open, conserving energy. Just on the energy level,
just to make one point, and it -- I think it is in the
resolution, but manufacturing a product out of recycled
material versus virgin material uses about 300 percent less
energy, and it also reduces the greenhouse gas emissions.
JUDGE TINLEY: You say that there are 27 local
government entities that have approved your resolution up to
this date?
MS. MOSS: In Texas, yes, sir.
JUDGE TINLEY: How many local government entities
has it been presented to and acted on, or -- one way or the
other?
MS. MOSS: Or not acted on?
JUDGE TINLEY: Yeah, up to this time.
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MS. MOSS: I really don't even know that. Very
few. I have had one that just took no action, and I'm in the
process of getting that back up. But I can only speak from
my experience, and we've -- you know, I honestly do not know.
JUDGE TINLEY: Okay.
MS. MOSS: We try to keep this very positive.
It's -- the media has given a lot of negative attention to
job loss and energy use and the environment and all of these
things that we hear lots of huge numbers, and, you know, the
economy, and we're just trying to put a positive spin on this
and say, you know, manufacturers domestically are doing their
part recycling, and we're just trying to recognize them for
their efforts.
JUDGE TINLEY: And your focus here is to obtain
support of a resolution which supports domestic manufacturers
who is, quote, your clients?
MS. MOSS: Recycling. Exactly.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I think a better -- you know, a
resolution is fine, but I'm a little leery of them; I never
know where they're going to end up. I think the marketplace
dictates recycling. And I think that -- you mentioned a lot
here about steel. Steel is at a point that it makes sense to
recycle steel right now, and I'm one of those that are doing
it right now. I'm about to haul about 30,000 pounds down to
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San Antonio this week, simply because it's worth about $3,000
MS. MOSS: Good for you.
COMMISSIONER LETZ: And I think that capitalism is
the best way to get this stuff working, and when it's
cost-effective and makes sense to recycle, people recycle. I
think it's not -- recycling just for the sake of recycling, I
don't think, is always good. I think it can cost energy at
times. But when the prices get to where they are right now,
I think it makes a lot of sense.
MS. MOSS: And I think that's why we focus on the
manufacturing aspect of it, and that when it comes to
manufacturing, it is a huge decline in energy consumption
when it comes to making something out of recycled material
versus virgin material. Now, we're not asking you, as a
county, to start, you know, upping your recycling. It's
really just a recognition/support kind of thing.
I~', JUDGE TINLEY: Any other questions or comments for
Ms. Moss on this particular agenda item?
COMMISSIONER OEHLER: Well, I like everything
except all the parts about "reduces cost of products, enables
company to trade competitively in U.S. and abroad, translates
into better jobs, greater income." I think a lot of that,
like Commissioner Baldwin says, you kind of get away from the
recycling part of it; you're getting into the political part
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of it, trying to -- trying to make some kind of impact, in my
mind, with maybe the liberal side of politics.
MS. MOSS: Well, I don't do any political work.
None of us do. I mean, this is really very, very, very
focused on recycling. And --
COMMISSIONER OEHLER: Wonderful thing.
MS. MOSS: -- like I said earlier, it's kind of
hard to find that, where the trade and the jobs come in, but
it's there. You know, using recycled materials in
manufacturing is going to keep those energy costs down and
keep, you know, the jobs here. So --
COMMISSIONER OEHLER: Well, we do -- we have a
recycling place here in Kerrville, and I don't know of
anybody that's against recycling. But to couple that with
', something that appears to be somewhat politically motivated
is something I don't agree with.
COMMISSIONER BALDWIN: And if the recycling people
I~ come -- our local people come in here and say, "Y'all support
us in some kind of a statement that recycling is the coolest
thing this year," I think we do that. We do that. But I'm
kind of with these guys. Letz made a statement a while ago,
just kind of in passing; we're not sure where these things
go. I mean, you're a nice person, a good person. I bet your
mom and daddy are great people. (Laughter.) However --
MS. MOSS: Thank you.
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COMMISSIONER BALDWIN: However, there's some
lawyers involved in the background here somewhere. You know,
I just don't know where these things are going, really what
we're doing here.
JUDGE TINLEY: Does any member of the Court have a
motion they wish to offer with regard to this particular
agenda item?
(No response.)
JUDGE TINLEY: Okay, let's move on.
COMMISSIONER BALDWIN: Thank you.
MS. MOSS: Thank you.
JUDGE TINLEY: Thank you for being here, Ms. Moss.
At this time, I will recess the Commissioners Court meeting,
and I will convene a public hearing on the Kerr County budget
for Fiscal Year 2008-09.
(The regular Commissioners Court meeting was closed
at 10:08 a.m., and a public hearing was held in
open court, as follows:)
P U B L I C H E A R I N G
JUDGE TINLEY: Is there any member of the public
that wishes to be heard with respect to the Kerr County
budget for FY 2008-09? Again, any member of the public that
wishes to be heard with regard to the Kerr County budget for
FY 2008-09?
(No response.)
JUDGE TINLEY: Seeing no one seeking to be
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recognized or coming forward to be heard, I will close the
public hearing on the Kerr County budget for FY 2008-09, and
I will reconvene the Commissioners Court meeting.
(The public hearing was concluded at 10:08 a.m.
And the regular Commissioners Court meeting was
reopened.)
JUDGE TINLEY: And we have a 10:05 timed item, Item
13, which we will take up now, and that is to consider,
discuss, take appropriate action to approve a tax exemption
under Property Tax Code Section 11.184(b)(1) for the B.P.O.
Elks Kerrville Lodge Number 2081. Mr. Keefe?
MR. KEEFE: Good morning.
JUDGE TINLEY: Good morning again.
MR. KEEFE: Nice to see y'all. As you recall, back
on April the 14th of this year, we asked for the same item to
be approved. You had questions that you had to get answers
to before you could take action. I would like to expand a
little bit on the answers to those questions. Before I do,
however, I'd like to mention that in June of 1958, the Elks
Lodge was chartered, so what that means is this past June, we
celebrated 50 years of giving service to this community. We
had a couple of items that we feel are pretty important.
First of all, in answer to the question, how many others
might show up to take advantage of the Elks' exemption?
Well, only the known and well-established fraternal
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organizations, they being Elks, Moose, Masons, et cetera.
Previous laws have already exempted all other nonprofit
groups. For example, Lions and all other service clubs,
Sheriff's Posse, American Legion, VFW, youth clubs, scouts,
community theaters, garden clubs, senior citizen centers,
historic sites. There's just nobody left but us charitable
fraternal organizations. We hope that you understand that
all this -- all these answers can be resourced.
All the other exemptions were granted by the
deny or approve, except for senior citizen homestead
exemption, but all other I.R.S. 501(c) entities are exempt,
period, by act of the Legislature. Now, for all them to be
exempt and us still taxed creates an unconstitutional
situation of taxation not being uniform and equal among a
class of taxpayers. The Legislature, in granting all the
other exemptions, did not intend to create an
unconstitutional situation, but that is the effect of the
many exemptions granted piecemeal over the years. In other
words, the result is, by default, we are singled out a class
for taxation, and it is unconstitutional to single out part
of a class. You may ask, how can we guarantee this? Well,
the law, H.B. 1689, requires any organization seeking exempt
status to apply to the State Comptroller, who checks out the
organization's purpose and budget. The Comptroller has
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approved only the known fraternal groups. If approved, the
all the tests for a service club exemption except for one.
The service club exemption prohibits asking club members
about religion. We fraternal orders require the belief in
total property tax revenues. If this exemption is granted,
what will the Elks do with this money? Well, all the moneys
will be given back to the community, such as scholarships.
The $1,000-plus that we paid the county in taxes last year
would buy approximately 20 food and toy baskets that we could
give away this Christmas. That is why this tax exemption is
so important to us. We ask that you approve this. Thank
you.
COMMISSIONER WILLIAMS: Mr. Keefe?
MR. KEEFE: Yes?
COMMISSIONER WILLIAMS: You've answered some of the
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Comptroller Susan Combs' letter to you dated February 29,
2008, in which, among other things, it says, "Be aware that
an organization may be qualified, but receive no benefits
from the exemption because it either owns no property, or the
appraisal district determines that the property is not used
exclusively for qualifying charitable activities." Is the
Elks property, by definition, used exclusively for qualifying
charitable activities?
MR. KEEFE: We feel that it is.
COMMISSIONER WILLIAMS: That's really not the
answer. The question is, is it?
MR. KEEFE: The question that you have cannot be
answered by me.
COMMISSIONER WILLIAMS: Why not?
MR. KEEFE: It would have to be answered by the
Chief Appraiser. But before we can go to the Chief
Appraiser, we need your vote to exempt us. Then the Chief
Appraiser has the final answer.
COMMISSIONER WILLIAMS: I raise the question
because I know for a fact that there are events held in your
facility --
MR. KEEFE: Yes, sir.
COMMISSIONER WILLIAMS: -- that are not charitable.
MR. KEEFE: That's correct.
COMMISSIONER WILLIAMS: They are political in
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nature.
MR. KEEFE: That could be.
COMMISSIONER WILLIAMS: So I ask you the question
again. Do all of the events that are in your facility -- are
they used exclusively for qualifying charitable activity?
MR. KEEFE: I don't believe that the law requires
that we make the event the subject. I think it's what
happens to the income. The income from any of our hall
rentals is used for our charitable works, and that, under the
law, is permitted.
COMMISSIONER WILLIAMS: I'm only quoting from
Ms. Combs' letter to you.
MR. KEEFE: I understand.
COMMISSIONER WILLIAMS: And it doesn't deal with
how you appropriate the dollars you earn from some event
that's at your facility that is not charitable by nature. It
only talks about that issue.
MR. KEEFE: That item is brought up under the Tax
Code under Section 11.184, which I have attached. I'm sure
that you could go through it and find the answer to your
question.
COMMISSIONER WILLIAMS: 11.184? If you're
referring to one of those blocks that you had highlighted, --
MR. KEEFE: That may not be.
COMMISSIONER WILLIAMS: -- I'm afraid I don't find
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the answer to my question.
MR. KEEFE: If you go to Item C under 11.184(b),
Article (1) --
COMMISSIONER WILLIAMS: Read it.
MR. KEEFE: I'm not an attorney, so I don't --
COMMISSIONER WILLIAMS: Neither am I.
MR. KEEFE: So, the --
COMMISSIONER WILLIAMS: Don't propose to be; don't
want to be.
MR. KEEFE: And I don't know how the state
Legislature allowed this situation to happen in the first
place, but it did.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Mr. Keefe, you had mentioned that it
was your contention that -- that there was some
unconstitutional action occurring by virtue of carving your
type of organization out and not otherwise giving them the
exemption. Is there any litigation pending with regard to
that particular constitutional contention or any other
contention?
MR. KEEFE: Yes, there is, Judge.
JUDGE TINLEY: And where is that pending?
MR. KEEFE: Senate Bill 1296 was approved by the
Senate, came to the House floor for a vote, came out of
committee favorably, and then it never got to be voted on
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because of the problems that the House had in the last
session. It will be up again for a vote in the 2009 meeting.
JUDGE TINLEY: But is there any court action
pending with regard to these constitutional issues?
MR. KEEFE: Not that I know of.
JUDGE TINLEY: Okay. But there is legislation that
has been filed that would correct --
MR. KEEFE: Well, let me read what --
JUDGE TINLEY: -- the inequity that you claim?
MR. KEEFE: From the Senate Research Center, the
statement -- the author's statement of intent. "Currently,
most nonprofit organizations qualify for ad valorem tax
exemption from city, county, and school district taxes for
land and buildings that are used by the organization either
by statute or under the Texas Constitution. However,
fraternal organizations are the only charitable organizations
that only receive an exemption from ad valorem taxation if
the exemption is adopted by either the governing body of the
taxing unit -- you gentlemen -- or by a majority vote of the
taxing unit's qualified voters. Statutory change is
necessary to extend that exemption to fraternal organizations
in the same way it is available to all other charitable
organizations." That can be pulled off the Internet, sir.
COMMISSIONER BALDWIN: I still -- I still think
that in a -- and I thought this the last time you were here,
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and it's good to see you again, by the way.
MR. KEEFE: Thank you.
COMMISSIONER BALDWIN: That it -- this is an issue
that the Legislature has to deal with, and not this body. I
know you're reading there that we can and should, and --
MR. KEEFE: That's what the law says. The law
doesn't say you should, but it says you can.
COMMISSIONER BALDWIN: That we can. But it's just
-- seems like to me that's something that needs to be cleared
up at the state before we take steps. It's just my opinion.
MR. KEEFE: Well, you know, I have to agree with
you, but by the same token, I think it gives you gentlemen a
chance to stand pretty darned tall and say, "Hey, we
recognize the fact that there's a problem, and we'd like to
correct what we can at our level." You do have that power.
COMMISSIONER BALDWIN: Until -- until the State
Legislature takes care of it.
MR. KEEFE: Correct.
COMMISSIONER BALDWIN: See, what I'm -- what I'm
hearing you saying -- and Ms. Uecker is in the room, that
probably deals with state law as much as anybody in the
entire state. You know, it seems like to me that what you're
saying is -- is that, well, it came out of committee; it
passed the Senate and it went over to the committee, and the
committee passed it out favorably, meaning, "Oh, my god, this
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is going to be a law," but the House didn't quite -- wasn't
quite comfortable with it.
MR. KEEFE: No, that's not --
COMMISSIONER BALDWIN: That may never happen.
MR. KEEFE: It never got to the floor.
COMMISSIONER BALDWIN: That's what I'm saying; it
~I
may never happen.
', MR. KEEFE: It may never happen; that's true.
That's why -- that's another reason why we're coming to you
folks.
COMMISSIONER BALDWIN: So, we come in here and vote
on something that -- that the State may never approve.
', Linda, do you -- would you agree that just because this bill
~ is moved through the system pretty good -- pretty good, that
doesn't mean that it's going to be done deal, does it?
MS. UECKER: It's pretty easy to get a -- an item
out of committee, but it's getting someone strong enough in
committee to -- to author the bill, to push it, to bring it
before a floor vote.
MR. KEEFE: It's my understanding --
MS. UECKER: I don't know what happened. My --
MR. KEEFE: My understanding is that it would have
gone to the floor vote except for the problems that the --
Mr. Craddick presented.
COMMISSIONER BALDWIN: Well, if it's a dead issue,
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what Mr. Craddick says, that's the problem with it, I think.
MR. KEEFE: He took up the time. That's why it
never got to the floor vote.
JUDGE TINLEY: Does any member of the Court -- I'm
sorry.
COMMISSIONER LETZ: He just left. I was going to
ask -- I mean, I'm -- I've been reading Subsection (d). We
talked about your property thing. You know, I read that to
mean that you all probably qualify, but I'm not an attorney
either, and I would like to have a little -- you submitted a
lot of information and state law. I don't have a problem
giving y'all that exemption and voting for that, but I would
like the County Attorney to at least look at it and make sure
we have the authority -- the County Attorney agrees that we
have the authority.
MR. KEEFE: I believe that in his letter of
April 21st of 2008, addressed to you folks, I believe he
recognized that fact.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Is that in here, Judge?
COMMISSIONER LETZ: Is that -- I don't think,
unless I missed it.
JUDGE TINLEY: I've got it here. It wasn't
included within the agenda item, but --
COMMISSIONER LETZ: Oh.
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JUDGE TINLEY: -- I think the bottom line of his
recommendation is, if we're to move forward on it, we
probably want to get more specialized legal advice from the
one that handles our -- our ad valorem tax issues.
COMMISSIONER WILLIAMS: I agree with that.
JUDGE TINLEY: Rather than the County Attorney?
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: I'm not sure we've received that to
this point. He, of course, will be able to give us more
information on that.
COMMISSIONER LETZ: I'm in favor of that, 'cause
I -- I do agree with you that I think it is not right that
y'all -- that fraternal organizations be singled out, when
every other nonprofit -- and a lot of them do a whole lot
less good, in my mind, than your organization and some
others. I'm not -- I'm a little bit -- don't understand why
the Legislature has such a hard time with this issue, but
evidently there's something, or some precedent that they see
or some bunny trial they're going down that I don't see right
now. But I think -- I do need to know that -- you know, that
we can do it. I did not read Rex's memo of April 20th or
whenever it was -- April 21st, but I do think we need to
forward it to our tax attorney and see if -- if they think
this is something that we do have the authority to do.
MR. KEEFE: Well, the authority is Commissioners;
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the authority is given to you in the Tax Code.
COMMISSIONER LETZ: Right.
MR. KEEFE: 11.184 clearly states that either you
give us permission or we have an alternative, and that is to
petition --
COMMISSIONER LETZ: Right.
MR. KEEFE: -- an election. But if you give us the
exemption, we then have to go to the Appraisal District; the
Chief Appraiser has to look it over. We have to go through
this whole thing again. He's the one that actually --
COMMISSIONER LETZ: Right.
MR. KEEFE: -- gives us -- physically gives us this
exemption.
JUDGE TINLEY: What you're saying is, it's a
two-step process, but rather than being the last step, we're
the first step, and if we approve it, we just dump it in his
lap.
MR. KEEFE: You're the first step.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: It appears to me that -- I
think you answered this question a minute ago -- that the
Legislature has made this permissive for taxing authorities,
but not mandatory.
MR. KEEFE: That's correct. In fact, we are the
only ones that you have any say about.
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COMMISSIONER WILLIAMS: And in the letter from
Susan Combs to you, the -- Mr. Lomax, who signed that letter,
says that not all taxing jurisdictions offer this property
tax exemption.
MR. KEEFE: That's correct.
JUDGE TINLEY: There's a lady behind you that has
some input.
MS. JONASON: I'm just dying to get at it.
JUDGE TINLEY: Give us your name and address, and
tell us what's on your mind.
MS. JONASON: My name's Diane Jonason, and I'm a
volunteer at the Elks. I'm Lecturing Knight right now, which
is third vice president, and I've been scholarship chair.
This is my sixth year. My son is active duty, so the vets
were the reason I joined the Elks; however, I couldn't take
it at the hospital seeing those men, so I'm leaving that to
others and I'm donating my time for scholarships. We had an
article -- I do have a handout, if I can approach.
'I COMMISSIONER BALDWIN: Thank you.
MS. JONASON: There was an article in the Kerrville
Times on the front page about the last time Jim and some
others talked about taxes, and it appeared in the paper as if
all the Elks do is give one scholarship a year. Now, we do
have a bar and we are social; however, the work is done first
and then the socializing. And if you'll look at this, over a
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50-year span, year after year -- right now we have about 200
members, average age 70 to 71, who are doing all these things
with no outside help, other than raffles and things like this
that generous merchants give us things -- prizes for. Our
scholarship program at the lodge is difficult, because we
them being our children's camp in Texas for disabled and
handicapped children. That's so important to us, and the
vets, so the scholarship kind of falls behind that. However,
we've gotten very involved with state and national
scholarships, and because we give a lot of money to Elks
National Foundation through our lodge, we receive moneys back
in the form of grants.
They bought eyeglasses and hearing aids for needy
children this year. Three years ago, we bought a van with a
-- a chair-lift for a single mother with three children and a
boy she couldn't lift any more with multiple sclerosis.
Those are our goosebumps. Those are what make us feel good.
So, our organization isn't about a bar; it's about all the
things we do. And if you can guess that people that are 70
and 71 years old are sitting around that bar drinking a lot,
it's social time when we can get things done. And if you'll
look at this paper, last year it said in the paper we gave
one scholarship. Wrong. We got two state scholarships and
one national, Elks National Foundation scholarship, with a
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total from our lodge of $10,400. Now, none of these went to
Tivy High School. It's not our fault they didn't go to Tivy
High School. We have a point system, and it's about
academics, school activities, community activities, and
financial need. Out of 14 high schools that I sent
applications to, we received 101 applications back from 10
high schools. Comfort and Ingram were the ones that scored
the highest, four pages of a point system.
It takes 45 minutes to an hour to score each
application. I have three other members on my committee, and
their average age -- one of them is 82, one of them's 78.
We're doing the job, folks. So, there are dedicated people
at this stage. And the Elks National Foundation gave us the
-- one of the Most Valuable Student awards. Now, if we can
just get more good students in from Tivy High School. I had
a talk with a counselor at Tivy High School, because we only
', got two from Tivy this year, and they didn't qualify. She
assured me this year we will get more from Tivy High School,
so hopefully we can give them one. But I'm just so
passionate about this order and what we do, and that tax
abatement, I could give more scholarships, where I'm kind of
limited to what I can do as far as locally, besides the state
and national. So, please consider our plea. We could sure II
use it. Thank you.
COMMISSIONER BALDWIN: Thank you.
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COMMISSIONER OEHLER: Thank you.
COMMISSIONER BALDWIN: Great presentation.
JUDGE TINLEY: You're a good spokesperson for
senior power, Ms. Jonason.
MS. JONASON: Thank you.
JUDGE TINLEY: That's a hard act to follow,
I Mr. Keefe.
MR. KEEFE: It is. I'm not even going to say
anything, except one thing. Where do we go from here?
COMMISSIONER LETZ: Rex? We looked at your memo of
April 21st.
MR. EMERSON: Yes, sir.
COMMISSIONER LETZ: And I just glanced through it.
It appears that we have authority to do it, in your opinion,
to grant the exemption. You made a comment -- one of your
things is that this is applicable to all -- in the event the
Court adopts a charitable tax exemption under Section --
whatever it is, it will be applicable to all appraisal
district qualified charitable-owned property in Kerr County.
What -- what is not covered right now? I mean, isn't most of
that -- do you have any idea?
MR. EMERSON: I don't have a clue. That's why I
also said you need to talk to Mr. Shiever, who's the tax
attorney, 'cause I really don't know. All I did was I took
the statutes and I read them and looked up the case law and
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supporting information, and that's what I gave you.
COMMISSIONER LETZ: 'Cause it seems that most of
them don't pay now. But, I mean, I'm not certain of that. I
think we need to talk to our tax attorney, Mr. Shievers, who
he referred to, and make sure that this is all --
MR. KEEFE: Okay, let me forewarn you. We are --
under the consideration that we might have to go to petition,
we contacted Mr. Shievers and asked him what the process
would be. He had absolutely no idea, because this has never
been done before.
COMMISSIONER LETZ: Well, maybe if we ask him,
we'll get a different answer.
MR. KEEFE: Maybe you would. Maybe you would. I
might mention --
JUDGE TINLEY: I think the real question that we're
struggling with is, have we essentially exempted every other
nonprofit, as it were, except fraternal organizations, of
which there are two or three or four, not that many here
locally, or will this be plowing really a new piece of
ground, or are we just looking at finishing up what's already
been plowed pretty good?
MR. KEEFE: Well, Judge, I think that's about the
same question as ex-mayor Gene Smith asked in his famous
Pandora's box statement. There are no other nonprofits left
in the box.
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JUDGE TINLEY: Okay. Well, I think we need to
confirm that with our -- with our. tax attorney. And if, in
fact, we can confirm that, I think the attitude of this Court
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may be considerably different than if we're going to open
Pandora's box and there's a whole bunch left in there.
MR. KEEFE: Well, if there are any left in that
box, remember, they have to go to the State Comptroller's
office. They have to submit all their information to the
State Comptroller and get a determination letter. As of this
time, there are only three such letters issued in Kerr
County. One is for us. One is for the Masonic Lodge here in
Kerrville. The other is for the Masonic Lodge in Center
Point. They are the only ones that the State Comptroller has
issued.
COMMISSIONER WILLIAMS: Is that because no one else
has filed?
MR. KEEFE: I have no idea, Commissioner. I don't
know. You could ask the State Controller's office that.
COMMISSIONER LETZ: I think another option may be
to ask the Chief Appraiser to give us a list of who he's
exempting right now, and that will give us -- may not be
all-inclusive, but it'll give us a pretty good idea as to
what they're doing right now, because there's certainly a lot
of nonprofits in the county, and if they're all being -- if
they're all being exempted, then that will, I mean, be a
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pretty good guide, in my mind.
MR. KEEFE: The other nonprofits, Commissioner, do
not have to come to you; they go directly to the Chief
Appraiser.
COMMISSIONER LETZ: But he'll have the list. I
~ mean --
MR. KEEFE: He will have a list, that's for sure.
COMMISSIONER LETZ: That will solve, in my mind,
much of the Pandora's box issue. If they're all being
exempted right now and he can tell us who he's exempted, then
I don't have a problem exempting three more.
COMMISSIONER OEHLER: I agree.
COMMISSIONER WILLIAMS: Do churches fall in the
same category?
MR. KEEFE: As fraternal organizations? No.
JUDGE TINLEY: No.
MR. KEEFE: No, they're all -- they're exempt.
JUDGE TINLEY: Yeah, they're --
MR. KEEFE: I read the list of organizations that
are already exempted under state law.
JUDGE TINLEY: They're not generally exempt, only
those properties which are used for that purpose.
MR. KEEFE: Well, that's true.
JUDGE TINLEY: City of San Antonio and the First
Baptist Church got in some litigation a number of years ago
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'~ with regard to a parking lot.
MR. KEEFE: Yes. That's --
JUDGE TINLEY: It only relates to specific
properties that are used for those charitable purposes.
MR. KEEFE: But they did not exempt that property.
JUDGE TINLEY: Yeah.
MR. KEEFE: So, that -- but you have a letter in
your package that is an e-mail from Irene Cage of the Exempt
Organizations section of the Comptroller's office. It gives
her phone number, her e-mail address. She would probably be
the one to contact about the determination letter.
COMMISSIONER LETZ: I think we're getting closer to
doing what you want; we're just not quite there.
JUDGE TINLEY: Any member of the Court have a
motion that they wish to offer at this time on this
particular agenda issue? Seeing none, we will -- let's take
about a 15-minute recess. Thank you, Mr. Keefe.
MR. KEEFE: Thank you.
(Recess taken from 10:39 a.m. to 10:57 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if
we might. We were in recess. Let's first go to Item 16;
consider, discuss, and take appropriate action to make any
changes in the proposed and filed FY 2008-09 budget deemed
warranted by the law and required by the interest of the
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This is a
COMMISSIONER LETZ: Are we open?
JUDGE TINLEY: Yeah, turn it loose.
COMMISSIONER LETZ: Two items. One goes to the
were some alternatives that are still on the table as to
possible positions or part-time spots or things like that,
and I think it would be a good idea to put in the -- under
the Commissioners Court Contingency some additional funds to
allow us to do that, 'cause I don't think those qualify as an
emergency. If we don't do anything, that money isn't going
to go anywhere, but I'd recommend we put $50,000 -- or
increase Commissioners Court Contingency by 50,000, and with
the idea that that's primarily to be used for helping the
D.A.'s, the attorneys, County Attorney, wherever the -- the
need to help our jail overcrowding problem can be solved with
some additional personnel or ideas, things of that nature.
COMMISSIONER WILLIAMS: Not visiting judges?
COMMISSIONER LETZ: Not visiting judges; that's
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already in the budget. And it could be used more for that.
You could put more money in there, but just to give us a
little bit of -- some money that we can help try to solve
this problem. And if we don't come up with something that
this Court feels is a viable alternative, we just won't spend
the money.
JUDGE TINLEY: Basically, prosecutorial resources.
COMMISSIONER LETZ: Just to keep -- rather than
inventing a new line item, put it in our contingency fund.
The other item, I wanted to look back at the --
COMMISSIONER BALDWIN: Wait a minute. Let's see if
we can come to -- I mean, how do you come to a solution on
that issue? I agree, so there's two of us. I mean, how do
you get to --
COMMISSIONER LETZ: I'll make a motion that we add
$50,000 to Commissioners Court Contingency to be used for
prosecutorial --
COMMISSIONER BALDWIN: God, I wish I'd have thought
of that. Second.
', JUDGE TINLEY: And you agree, so it's a second,
I~ right?
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay. Any question or discussion on
that motion? All in favor of the motion, signify by raising
your right hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER LETZ: Thank you.
JUDGE TINLEY: Okay. You had a second item you
wanted to talk about?
COMMISSIONER LETZ: The other item was COLA.
Ms. Hyde, have you looked at where that COLA is --
MS. HYDE: Yes, I have.
COMMISSIONER LETZ: -- with another one or two
months of information, and can you provide that to us?
Because I will also say that I tried to find that stuff on
the Department of Labor website, and that's not --
MS. HYDE: It's B.L.S.
COMMISSIONER LETZ: It's not easy to find.
COMMISSIONER OEHLER: You remind me a lot of a pet
coon, the way you pushed that.
MS. HYDE: She's typing.
JUDGE TINLEY: Did you get that, Kathy?
THE REPORTER: I did.
MS. HYDE: There's one for Cheryl. As I told you
at the last meeting, August is typically a flat -- or it is a
slower month, because it is an end-of-season. Add to that
the fact that fuel prices did go down a small amount, so it
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did go down just a tad. Not much, but it did go down a tad.
So, the maximum COLA from August to August, '07 to '08, is
6.40.
COMMISSIONER LETZ: Dang, I came up with 6.2 this
morning when I was doing it.
COMMISSIONER BALDWIN: Not bad.
COMMISSIONER WILLIAMS: August to August?
MS. HYDE: Yes, sir, August to August.
COMMISSIONER LETZ: The -- explain to me, either
you or maybe the Auditor, I'm not sure which one, why it
messes everything up on our step and grade if we don't keep
COLA's in this -- on that 2.5 percent. Why can't we just
multiply everything by a COLA, and then why does that mess up
the separate step and grade system?
MS. HYDE: The step and grade is a huge macro; it
is a funding fee. So, as you go up each step, if you go up
an individual step, it's only 2.5. As you do multiple steps,
there are increases. I mean, if you think about it, you go
up 2.5, and, you know, if you're at $12 an hour, an
additional 2.5 is going to be more on that than it is on a
single step, if you just go up one. So, the .381 that was
added by staying with that step and grade was because of
that, which is nominal.
COMMISSIONER LETZ: Right. So -- but, so, in your
mind -- or not -- I mean, I guess to keep the step and grade
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system working properly, we need to do a COLA on 2.5 percent
increments.
~I MS. HYDE: Either that, or you do a partial COLA,
and then the rest would be an increase. And based on the
numbers that we have already discussed, the COLA would be
6.4, and the additional increase to employees would be 6.481.
COMMISSIONER WILLIAMS: 6.481?
MS. HYDE: (Nodded.) Which takes you up to the
12.881.
COMMISSIONER WILLIAMS: That's 12-point --
MS. HYDE: That ends up being the 12.881, which was
the 10.381 plus the additional 2.5 that y'all had discussed.
COMMISSIONER LETZ: And department heads and
elected officials aren't on that system anyway.
MS. HYDE: No, sir.
COMMISSIONER LETZ: So it doesn't make any
difference.
MS. HYDE: They're not on the step and grade, but
as most of you -- I know y'all listen to the news. As most
of y'all heard this weekend, one of the top stories is the
inflation rate has significantly outdone the COLA, and the
COLA will not detract from what inflation has done to us
during this year.
COMMISSIONER WILLIAMS: So, you're going August to
25 ~ August?
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MS. HYDE: Yes, sir.
COMMISSIONER WILLIAMS: On prior occasions, we
talked about your projection for what the COLA would be to
the end of this year.
MS. HYDE: Yes, sir.
COMMISSIONER WILLIAMS: Where is that?
MS. HYDE: (Passing out documents.) One's for
Cheryl as well.
COMMISSIONER WILLIAMS: Just in anticipation of my
question, you had it all ready to go, huh?
MS. HYDE: And I know that, Commissioner Baldwin,
you do not like the word "extrapolation," so if you trend it
out --
COMMISSIONER BALDWIN: I love that word. I love
the word. It goes to 8.12?
MS. HYDE: Goes to 8.12, which then tells us if we
use the same rationale on the 12.881, we're going to do an
8.12 percent COLA and 4.761 percent increase for our
employees to bring them up to par.
COMMISSIONER LETZ: What's that total?
MS. HYDE: 12.881.
COMMISSIONER WILLIAMS: Plus 4-point what?
MS. HYDE: 4.761.
COMMISSIONER WILLIAMS: For a total of 12 --
MS. HYDE: 12.881.
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COMMISSIONER WILLIAMS: Two different ways to
arrive at the same conclusion.
MS. HYDE: Yes, sir.
JUDGE TINLEY: Got any other --
MS. HYDE: I'll wait until there's a question.
JUDGE TINLEY: -- any others to pitch in here? Do
you have some more?
MS. HYDE: Only -- only if there's other questions.
JUDGE TINLEY: Okay. Well, let me pitch something,
then. The projection of the two major indices for Consumer
Price Index, as reported by U.S. Department of Labor, Bureau
of Labor Statistics -- of course, there was a significant
change based from July and August, and one of the -- one of
the numbers that they give you is a -- is a projection of an
annual rate based upon the past three months, so that's
looking forward, what it will be in the future. And there
are two different major indexes. All urban consumers is one,
and the second one is C.P.I. for urban wage earners and
clerical workers.
MS. HYDE: Clerical workers.
JUDGE TINLEY: Those are the two major indices.
MS. HYDE: That's the one that I have used the last
two years, is urban and clerical wage earners.
JUDGE TINLEY: Okay. Well, the projected annual
rate, based upon the three months ended in July --
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MS. HYDE: Yes, sir, which would have been higher.
JUDGE TINLEY: -- for the all urban is 10.6.
MS. HYDE: Yes, sir.
JUDGE TINLEY: On the wage earners and clerical
workers, it was 11.9.
MS. HYDE: Yes, sir. But, if you recall, the Court
did ask that I use actual numbers and bring them back
year-to-date because of extrapolation.
JUDGE TINLEY: Well, if you get into the -- after
folding in August, the projection for the last three months,
which would be July -- June, July, August, in that case,
based on the three months, is 7.2, and wage earners and
clerical is projected at 8.0.
MS. HYDE: That's what my numbers are, pretty
close.
JUDGE TINLEY: Uh-huh. So, we're -- those two,
including this past month -- of course, when you just use the
last three months, having one decreased month is going to
materially affect that.
MS. HYDE: It will skew it, yes, sir.
JUDGE TINLEY: Those indices.
MS. HYDE: Yes, sir.
COMMISSIONER LETZ: One more question on it. We're
at 12.88 right now, right?
MS. HYDE: Yes, sir.
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COMMISSIONER LETZ: When you add them together.
Why wouldn't we want to target it to be a 12.5, trying to
stay in the step and grades? We jump in increments of 2.5;
why don't we want to be at 12.5?
MS. HARGIS: The compound -- it's a natural
compounding.
COMMISSIONER WILLIAMS: I'm sorry?
MS. HYDE: It's a natural compound. It's a natural
progression.
COMMISSIONER WILLIAMS: Compounding, okay.
MS. HYDE: Plus, you -- the other part of this is
that the step and grade is the step and grade. If we
rationalize that the step and grade is a step and grade, and
that is part of our -- of what you all passed as an order,
and we're trying to maintain some consistency, then we're
trying to keep that step and grade whole. Every year, that
thing has changed. If y'all recall, the first year I was
here, it changed six times in the first six weeks I was here,
so the employees get very confused, and we get very confused.
The public gets very confused. What is our rates? So, all
I'm trying to do is help maintain some consistency in what --
what are we using? What do we really use?
COMMISSIONER LETZ: I was looking at this in two
phases.
COMMISSIONER OEHLER: This also -- what I see in
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here, that this -- this agenda item also would address
appointed positions, department heads.
JUDGE TINLEY: It can address anybody, any item in
the budget.
COMMISSIONER OEHLER: Except the next one says
elected officials, the next item coming up.
JUDGE TINLEY: That agenda item is one that's
required under state statutes that we consider in that
manner, because we've got to give public notice in a
particular way. We've got to give --
COMMISSIONER OEHLER: Right.
JUDGE TINLEY: Got to have a public hearing on just
that issue alone. That's why that one is there as it is.
COMMISSIONER OEHLER: Well, I'm still hung up on --
on the same thing I've been hung up on since the very
beginning on elected officials and department heads. I just
think it's too much in one year, especially for those two
categories. When you average it out over two years, I
believe it stays up with -- with the COLA, or closely stays
to the COLA. If you take the percentage from last year and
the percentage -- use 5 percent for this year, you're going
to be at an average of 6. Last year, the cost-of-living was
less percentage. This year it's higher. But I believe you
get the average, and it's somewhat where it should be.
That's just my opinion.
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COMMISSIONER LETZ: I'll make a motion that we set
', cost-of-living -- a COLA, as termed -- for all people,
elected officials, department heads, entire people, at
6.4 percent.
COMMISSIONER OEHLER: For all department heads and
elected officials?
COMMISSIONER LETZ: Everybody. Everybody. That's
the COLA portion for the employees as well.
COMMISSIONER OEHLER: Leaving the employees at --
you're not going to include the additional in there?
COMMISSIONER LETZ: No, I think you do that in a
second motion.
COMMISSIONER OEHLER: Okay, I'll second your
I motion.
JUDGE TINLEY: We have a motion and a second to
establish the COLA for Kerr County at --
COMMISSIONER LETZ: 6.4.
JUDGE TINLEY: -- 6.4 percent. Any question or
discussion on that motion?
COMMISSIONER BALDWIN: My question is, is
6.4 percent a real, live number?
MS. HYDE: Yes, sir.
', COMMISSIONER BALDWIN: Very good, thank you.
That's all I've been asking.
~I COMMISSIONER WILLIAMS: It's live on August to
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August.
MS. HYDE: It's August '07 to August '08; that is
the COLA.
COMMISSIONER WILLIAMS: August '07 to August '08.
MS. HYDE: To August '08. That's how you figure
the COLA, yes, sir, the C.P.I.
COMMISSIONER WILLIAMS: But it does not take into
account what's going to happen the remainder of this year?
MS. HYDE: No, sir, it does not.
i
COMMISSIONER WILLIAMS: That's going to get it to
8.12?
MS. HYDE: At least. And at the time, as the Judge
pointed out, depending on the numbers you use, it could be
all the way up to 11.
COMMISSIONER LETZ: But our pay increase starts
October 1, not January 1.
COMMISSIONER WILLIAMS: I understand, but people's
obligations go on and on.
JUDGE TINLEY: Any other questions or discussion on
that motion? All in favor of that motion, signify by raising
your right hand.
(Commissioners Letz and Oehler voted in favor of
the motion.)
JUDGE TINLEY: All opposed?
(Commissioners Baldwin and Williams voted against
the motion.)
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JUDGE TINLEY: You're opposed, Commissioner
I Baldwin?
COMMISSIONER BALDWIN: Yes, I am.
JUDGE TINLEY: All right. The chair votes against
the motion. The motion fails.
COMMISSIONER LETZ: I'll make --
COMMISSIONER OEHLER: Wouldn't be any good for me
to make one that was less, would it?
COMMISSIONER LETZ: Probably not.
COMMISSIONER OEHLER: I don't believe it would
I work.
COMMISSIONER LETZ: Let me try a new one. I make a
motion we set the COLA for everyone -- or for elected
officials and -- increase for elected officials/department
heads at 6.4 percent, and all employees will get the COLA
plus whatever it takes to get to 10 point --
MS. HYDE: 12.881.
COMMISSIONER LETZ: 12.881.
COMMISSIONER BALDWIN: That would be 8.12 plus
4.61?
COMMISSIONER LETZ: 6.4 plus.
JUDGE TINLEY: 6.4 plus.
COMMISSIONER BALDWIN: 6.4 plus, yeah.
COMMISSIONER OEHLER: 6.4 for the elected and
department, and the 6.4 plus the other step to get them up
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to --
COMMISSIONER LETZ: 12.881.
COMMISSIONER OEHLER: -- 12.881.
JUDGE TINLEY: That's your motion?
COMMISSIONER LETZ: That's my motion.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: How does that differ from
the motion you just -- that just failed?
COMMISSIONER OEHLER: He didn't include --
COMMISSIONER LETZ: I combined it so everyone knows
where we're going.
COMMISSIONER OEHLER: He didn't include the extra
six point -- whatever to make the -- the hourly people up to
12.881. Motion's the same for elected and department heads.
JUDGE TINLEY: Do we have a second to that motion?
THE CLERK: Yes, we do.
JUDGE TINLEY: Okay. We have a motion and a
second.
COMMISSIONER LETZ: You seconded?
JUDGE TINLEY: Somebody obviously did.
THE CLERK: No, we have just a motion.
COMMISSIONER LETZ: No second?
THE CLERK: No second.
COMMISSIONER OEHLER: I second your motion.
JUDGE TINLEY: We now have a motion and a second,
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and the motion is department heads/elected officials, 6.4;
all other employees, 6.4 plus an amount equal to bring the
total to 12.881.
COMMISSIONER LETZ: Yes, sir.
JUDGE TINLEY: Is that it?
COMMISSIONER LETZ: That's correct.
JUDGE TINLEY: Okay. All right. Any question or
discussion on that motion?
COMMISSIONER WILLIAMS: It seems to me we're just
playing semantics with numbers here.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: You can also make a motion.
COMMISSIONER WILLIAMS: I know. There's one on the
floor right now.
COMMISSIONER BALDWIN: I know.
JUDGE TINLEY: Any other question or discussion?
All in favor of that motion, signify by raising your right
hand.
(Commissioners Letz and Oehler voted in favor of
the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioners Baldwin and Williams voted against
the motion.)
JUDGE TINLEY: The chair votes in the negative on
the motion. The motion fails.
COMMISSIONER OEHLER: We got an auction.
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COMMISSIONER WILLIAMS: In the budget currently is
10.381; is that correct, Ms. Hyde? Ms. Hargis? Whomever?
MS. HARGIS: Yes.
MS. HYDE: For who -- for whom?
MS. HARGIS: The elected officials are in there at
10.381, as well as the department heads. Employees are in
there at 12 --
MS. HYDE: 881.
COMMISSIONER WILLIAMS: They're at 12.881 because
we talked about a step improvement. And the last time we had
this discussion, we did -- we excluded department heads from
that step; is that correct?
MS. HYDE: Yes, sir.
MS. HARGIS: Yes, sir.
COMMISSIONER WILLIAMS: Motion -- the motion would
be to reaffirm our previous action.
JUDGE TINLEY: As stated in the budget, with that
one modification? Or --
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Of excluding the department heads
from the additional step?
COMMISSIONER WILLIAMS: From the additional step,
yes, sir.
JUDGE TINLEY: Okay. I have a motion. Do we have
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COMMISSIONER BALDWIN: What is the COLA?
COMMISSIONER WILLIAMS: 10.381, where it was; where
it's been since the beginning.
JUDGE TINLEY: We have a motion. Do I hear a
second to that motion?
(No response.)
JUDGE TINLEY: That motion dies for lack of a
second. Do you want to take a stab at it, Buster?
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: The COLA would be 8.12.
That's the 6.4 extrapolated out. So, the COLA would be 8.12,
and for the hourly wage earners, plus 4.61, for them to reach
the 12.881. Department heads and elected officials,
8.12 percent COLA.
JUDGE TINLEY: And all other employees to receive
that COLA plus an amount to equal 12.881?
COMMISSIONER BALDWIN: Yeah, that is correct.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: I'll ask a clarification,
Commissioner. You said plus -- 8.12 plus 4 point what?
COMMISSIONER BALDWIN: 61.
MS. HYDE: 761.
COMMISSIONER WILLIAMS: I thought it was 761.
MS. HYDE: 761.
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COMMISSIONER BALDWIN: I'm sorry, I misunderstood
you, then. I apologize.
MS. HYDE: No problem.
COMMISSIONER OEHLER: Tivy math.
COMMISSIONER WILLIAMS: 761?
MS. HYDE: It's 8.12 plus 4.761.
COMMISSIONER BALDWIN: 4.761.
JUDGE TINLEY: But the bottom line, Commissioner --
MS. HYDE: 12.881.
JUDGE TINLEY: Your motion is 8.12 is the COLA?
COMMISSIONER BALDWIN: Right.
JUDGE TINLEY: And that amount plus whatever is
necessary to equal 12.881 for all employees except elected
officials and department heads?
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: And elected officials and department
heads, COLA only at 8.12.
COMMISSIONER BALDWIN: That is correct.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Because 8.12 is a real
I number.
COMMISSIONER WILLIAMS: I second the motion.
JUDGE TINLEY: We have a motion.
COMMISSIONER BALDWIN: Right on time.
JUDGE TINLEY: We have a motion and a second.
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Question or discussion on that motion? All in favor of that
motion, signify by raising your right hand.
(Commissioners Baldwin and Williams voted in favor
of the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioners Letz and Oehler voted against the
motion.)
JUDGE TINLEY: The chair votes in the affirmative.
The motion carries. Okay. We've had two adjustments to the
budget as filed. Any other adjustments or changes deemed
warranted by the law and required by the interest of the
taxpayers?
COMMISSIONER WILLIAMS: I move we adopt the Kerr
County budget for Fiscal Year '08-'09, as amended this
morning.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to adopt
the budget as filed, except as amended here this morning.
Question or discussion on that motion?
COMMISSIONER BALDWIN: Amended this morning.
COMMISSIONER WILLIAMS: The two amendments that
Commissioner Letz --
COMMISSIONER BALDWIN: That includes the --
COMMISSIONER WILLIAMS: No, I take it back -- yeah,
the two amendments, yours and Commissioner Letz'.
COMMISSIONER BALDWIN: Which was the 50 grand --
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COMMISSIONER WILLIAMS: Yeah, and yours.
COMMISSIONER BALDWIN: Okay. On COLA.
JUDGE TINLEY: That's two modifications.
COMMISSIONER BALDWIN: Very good.
JUDGE TINLEY: Any other question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(Commissioners Baldwin, Williams, and Letz voted in
favor of the motion.
JUDGE TINLEY: All opposed, same sign.
(Commissioner Oehler voted against the motion.)
JUDGE TINLEY: The motion does carry. We will now
move to Item 15; consider, discuss, take appropriate action
to adopt a budget that will require raising more revenue from
property taxes than in the previous year, and ratify the
property tax increase as reflected in the budget. This is a
new requirement under state law any time that there's more
revenue raised and expended under a current budget than in a
previous budget, and that is under Section 111.008 (c) of the
Local Government Code. That section states that a vote under
that section is in addition to and separate from the vote to
adopt the budget or a vote to set the tax rate as required by
Texas -- the Tax Code or any other law.
COMMISSIONER WILLIAMS: What section is that,
Judge?
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JUDGE TINLEY: Section 111 -- let me make sure.
That's Local Government Code.
COMMISSIONER LETZ: I'll make a motion that we
adopt a budget that requires raising more revenue from
property taxes than the previous year, and ratify property
tax increase reflected in the budget.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: We have a motion and a second as
indicated. Question or discussion on that motion? All in
favor of the motion, signify by raising your right hand.
(Commissioners Baldwin, Williams, and Letz voted in
favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioner Oehler voted against the motion.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER BALDWIN: Judge, we have a timed
11 o'clock item, Mr. Amerine.
JUDGE TINLEY: Oh. Thank you for reminding me of
that.
COMMISSIONER BALDWIN: You're welcome. I thought
of it all by myself.
JUDGE TINLEY: Thank you. I'm surprised, with the
glare, that I didn't get more attention from Mr. Amerine.
(Laughter.) He and I can talk about those things; we're
basically in the same boat.
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COMMISSIONER WILLIAMS: Judge, he's been sitting
there. His head's getting redder by the minute.
JUDGE TINLEY: Let's get to Item 19, if we might, a
timed item for 11 o'clock. Mr. Amerine, I apologize. I got
so carried away trying to wrap all these budget things up.
MR. AMERINE: Budget items.
JUDGE TINLEY: Consider, discuss, and take
Commissioners. I'm Bill Amerine with Kerr Emergency 911
Network. I'm here to present the 2009 proposed budget.
Before I get started on that, though, I'd like Mark Del Toro
to stand. He's the associate director of 911. In accordance
with Texas Health and Safety Code 772, Subchapter D, the
director shall present, under the direction of the board, an
annual budget for the district. To be effective, the budget
must be approved by the board, which was done on 5 September,
2008, be presented to and approved by Commissioners Court --
that's why I'm here today -- and be presented to other
governing bodies within the participating jurisdiction.
Kerrville we'll be doing tomorrow, and we did Ingram on the
16th of September.
We're presenting a balanced budget this year.
We're proposing a decrease in 911 surcharges for residential
and business lines, a 5 percent decrease in that surcharge.
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We're seeing, or proposing -- or expect, I should say, an
income increase in 2009 of $28,175, predominantly all from
wireless handset users. We have a new expense this year that
we actually realized in 2008 that we budgeted for. We'll see
it from this point on for wireless location; it's a $90,304
budget line item that facilitates the location information
for people who use wireless handsets. Which, by the way, as
of today, we have four of seven of those wireless providers
actually providing wireless locations in Kerr County: Sprint
Nextel, Verizon, T-Mobile, and AT&T Mobility. Five Star
Wireless will be early next year.
COMMISSIONER LETZ: So it works right now?
MR. AMERINE: It works right now for those four
providers I listed.
COMMISSIONER BALDWIN: You can find a car from --
with a cell phone?
MR. AMERINE: With a cell phone.
COMMISSIONER BALDWIN: Not just the tower, which
tower is closest to him? You can actually pinpoint where
they are?
MR. AMERINE: Yes, sir.
COMMISSIONER BALDWIN: Hallelujah.
MR. AMERINE: I should caveat that, though. How
many of y'all in here use GPS devices for hunting, fishing,
or anything? They work fabulously outdoors if you have clear
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of fact, it's not quite as strong. If you're inside of a
vehicle or a large building, it's not going to work. It'll
connect 911, but we're going to get -- with call Phase 1
data, we're going to know what cell tower is handling you,
and it's going to give us a physical address for the cell
tower, but unless you have clear line of sight with that cell
phone, we will not get a latitude and longitude of location
COMMISSIONER BALDWIN: So, if I have a traffic
something?
MR. AMERINE: Not on the interstate; I would
recommend you go someplace safe to do that. But the -- the
reason why we bring that up, and we're going to do some
public education on this, is that the tendency is for people,
when they hear that we're getting to that point of -- of
upgrade in our technology, their inclination is to drop their
traditional phone service, and we're recommending --
recommending against that for any number of reasons, this
being one of them. It's just not guaranteed, if you have a
wireless phone and you call 911, that we're going to get a
location for you if you're inside a building or inside of a
heavy vehicle. So --
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COMMISSIONER BALDWIN: Okay.
MR. AMERINE: Staffing increases this year, we're
proposing a 3.15 percent COLA. Part of the big increase we
had in our salary line item was we added a part-time
secretary/receptionist back to our staff. Mark and I were
being run ragged with all these network, upgrades and we're
frequently absent from our office, and we're missing some of
our citizens out there who need our assistance, so we've
added a part-time secretary/receptionist back to our staff.
Our vision for 2009 is to begin market research for the 2010
or 'll PSAP call center upgrade. It will be time to do that
again here in just another year and a half. We'll continue
to enhance the GIS systems that we currently have in place.
We have several different geographic information services
that are available to dispatchers, including maps that
locate -- actually give an icon that shows a location of the
caller. We'll continue to enhance 911 public education and
awareness. And as of this year -- last month, we actually
started doing addressing for city of Kerrville, so now we're
doing addressing for Kerr County and Kerrville and Ingram,
and we'll continue to make 911 signs. I'd be glad to answer
any questions Commissioners have.
COMMISSIONER OEHLER: I commend you on the
3.15 percent COLA.
COMMISSIONER BALDWIN: Troublemaker.
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was sent out, the elected officials -- they're not in
allowances, but rather in the salary, included a 10.381.
And, of course, the budget has -- that provision allows us to
not exceed that, because we've given that notice to the
public.
COMMISSIONER WILLIAMS: Is that it?
COMMISSIONER BALDWIN: What are you trying to say?
JUDGE TINLEY: Trying to say we adopted a budget
that's different from what the notice we gave to the public
was.
COMMISSIONER OEHLER: It's lower.
JUDGE TINLEY: On that schedule.
COMMISSIONER OEHLER: But it should be lower
because of what was just approved.
JUDGE TINLEY: Well, the amount the public was
given publicly included 10.831.
COMMISSIONER OEHLER: Right.
JUDGE TINLEY: And, of course, a few moments ago we
approved 8.12. So ...
COMMISSIONER LETZ: Do we need to do a -- do we
need another hearing?
JUDGE TINLEY: No, I don't think so. I don't.
COMMISSIONER WILLIAMS: No, we can adopt the
numbers that were in the previous motion.
COMMISSIONER BALDWIN: Yeah. Do we need to adopt
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the new numbers on this agenda item?
JUDGE TINLEY: Well, you were setting in this
agenda item the salary, expenses, and other allowances of
elected Kerr County officials for FY 2008 and '09, and you've
effectively already done it in one motion, but -- in adopting
the entire budget as amended. But, by law, we must consider
this item separately, so I will need a motion, second, and a
I vote.
COMMISSIONER BALDWIN: With these numbers?
COMMISSIONER WILLIAMS: Mm-hmm.
COMMISSIONER BALDWIN: My new numbers? Is that
what you want?
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: I move that we adopt as a
COLA 8.12 for everybody, department heads and elected
officials --
JUDGE TINLEY: No, let me interrupt you. We're
dealing with elected officials only on this item.
COMMISSIONER BALDWIN: Elected officials, 8.12
I COLA.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded. Is the
8.12 in lieu of the 10.381 increase that was reflected in the
public notice and schedule that was provided by notification
to the public?
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COMMISSIONER BALDWIN: Yes, it is.
JUDGE TINLEY: Okay. We have a motion and a
second. Question or discussion on that motion? All in favor
of that motion, signify by raising your right hand.
(Commissioners Baldwin and Williams voted in favor
of the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioners Letz and Oehler voted against the
motion.)
JUDGE TINLEY: Chair votes in the affirmative.
I Motion carries.
COMMISSIONER BALDWIN: Are y'all going to have
lunch with me today or not?
COMMISSIONER OEHLER: I'm not mad. Are you mad?
COMMISSIONER BALDWIN: No. I'm hungry.
COMMISSIONER LETZ: I'm hungry too.
COMMISSIONER OEHLER: Probably not going to eat
lunch with you, though.
COMMISSIONER WILLIAMS: There's a new place open --
JUDGE TINLEY: Okay, let's go to Item 18; consider,
discuss, take appropriate action to adopt the position
schedule, step and grade schedule, and general provisions for
FY 2008-09. What have we done here today that's going to
throw that into chaos?
MS. HYDE: The position -- the only thing that they
need -- that this change will make is that -- I'm having it
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done right now -- is the elected and appointed official
salary needs to change. We already had the rest of it done.
JUDGE TINLEY: So, everyone except department heads
and elected officials fit within the schedule that you have
presently, based upon the action we've taken today?
MS. HYDE: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: This has -- this only has to do
with the step and grades; this has nothing to do with elected
or appointed, right?
JUDGE TINLEY: Well, the position schedule would,
so it occurs to me that a motion in adopting this should
include the modifications on the --
COMMISSIONER OEHLER: All positions.
JUDGE TINLEY: -- elected officials and department
heads to be modified to reflect 8.12 COLA.
COMMISSIONER LETZ: And this includes a little bit
of an unusual holiday schedule, in that we have a two-day
holiday for Thanksgiving and two-day holiday for Christmas,
and a two-year (sic) holiday for New Year's.
MS. HYDE: Two years?
COMMISSIONER LETZ: Two years? Two days.
MS. HYDE: All right.
COMMISSIONER LETZ: Two days for each of those.
JUDGE RAGSDALE: That would make up for that bump
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in pay.
COMMISSIONER LETZ: And to accomplish that, to stay
within 13 days, what did we eliminate?
MS. HYDE: We eliminated Columbus Day. Then we did
a Tuesday, which is very different.
COMMISSIONER LETZ: And we did a Tuesday for --
JUDGE TINLEY: Veterans Day.
MS. HYDE: Veterans Day.
COMMISSIONER LETZ: Right, which is the actual day.
COMMISSIONER OEHLER: Only thing that concerns me
about getting rid of Columbus Day, that's a day that the
banks are normally closed, and we're going to be -- our
people won't be able to make bank deposits. That's the only
thing that bothers me about closing -- or being open on a day
when banks and institutions are closed.
MS. HYDE: There were 14 days presented.
COMMISSIONER LETZ: And 13 approved.
MS. HYDE: And 13 approved.
COMMISSIONER LETZ: I mean, I recognize that as a
potential problem, but there's other -- are there not other
days, like Presidents Day, same thing? We have Presidents
Day off.
COMMISSIONER OEHLER: They're closed, too. I don't
know. They're not closed on Martin Luther King --
COMMISSIONER LETZ: Yeah, they are.
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COMMISSIONER OEHLER: Are they?
JUDGE TINLEY: Mm-hmm. That's a January holiday,
if I recall.
COMMISSIONER OEHLER: Guess it doesn't make any
sense that, you know, it's okay to close sometimes and open
others.
MR. EMERSON: She has a safe.
AUDIENCE: Shhhh.
MR. EMERSON: I'm being kicked, but last time I
checked, the Treasurer had a very well-founded safe in her
office.
COMMISSIONER LETZ: It's --
COMMISSIONER OEHLER: Okay.
JUDGE RAGSDALE: Thanks, Rex.
COMMISSIONER OEHLER: The County Attorney -- I
assume you don't want to --
COMMISSIONER LETZ: I think that the -- it doesn't
matter how we do the holiday schedule; it's not going to be
right for everybody. I think it's the new -- new way of
doing it.
COMMISSIONER BALDWIN: Leave it the way it is.
COMMISSIONER LETZ: A11 right. So, I'll make a
motion that we adopt the position schedule, step/grade
schedule, and general provisions, as step and grade schedule
was modified. Now, what did we modify?
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108
JUDGE TINLEY: Position.
COMMISSIONER LETZ: Oh, position -- as the position
schedule was modified today.
COMMISSIONER OEHLER: That relates to revenue.
MS. HYDE: What?
COMMISSIONER OEHLER: Relates to pay.
COMMISSIONER LETZ: Pay, right.
JUDGE TINLEY: The position schedule -- let me
clarify this. The position schedule that you have in place
has -- has already included the four steps for the 12.881?
MS. HYDE: It's got the movement, yes, sir. It's
already got the movement.
JUDGE TINLEY: So it's already there; we don't have
to provide for the four-step --
MS. HYDE: No, sir, it's already got that, and your
education, any longevities. It's got all of that.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: We have a motion and a second as
indicated, approving the position schedule, step and grade
schedule, and general provisions for FY 2008-09, with the
modification on the position schedule dealing with elected
officials and department heads. Question?
SHERIFF HIERHOLZER: One question was, did it --
does it have the elimination of my one medical staff in
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there, cutting that one back? 'Cause that's in there right
now. You'l1 cut it back if the Court, in a few minutes,
approves that medical contract.
MS. HYDE: It's in there, but there's no problem to
delete; it's just a problem to add.
COMMISSIONER WILLIAMS: Right.
SHERIFF HIERHOLZER: 'Cause it is deleting a
position.
MS. HYDE: I can't delete your position until you
delete the position.
COMMISSIONER WILLIAMS: You can do that. Just
adding is the problem.
SHERIFF HIERHOLZER: Long as it doesn't mess up
your approving the position schedule.
JUDGE TINLEY: Any other questions or comments?
All in favor of the motion, signify by raising your right
hand.
(Commissioners Baldwin, Williams, and Letz voted in
favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
(Commissioner Oehler voted against the motion.)
JUDGE TINLEY: Motion does carry. Okay, let's go
to Item 26; consider, discuss, take appropriate action
regarding the agreement with Correctional Healthcare
Management to provide inmate medical services effective
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October 1, 2008.
SHERIFF HIERHOLZER: This is one that we had talked
about during the budget process. We've been going back and
forth with that company over the final details in the
contract itself. It has been reviewed, changes made,
re-reviewed by the County Attorney and that company, and
everybody has agreed on the contract as I have it right now,
which was the final original that was given to us --
overnighted to us this morning. It has been reviewed.
MR. EMERSON: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Rusty, just -- there's some
new folks in the room that are not -- probably don't
understand what you're talking about. Could you go back over
just the highlights, like how much does the thing -- that is
a stupid question, isn't it?
SHERIFF HIERHOLZER: Highlights, two hundred and --
COMMISSIONER BALDWIN: If I throw something at you,
will you stop talking?
SHERIFF HIERHOLZER: Depends on what you throw.
COMMISSIONER BALDWIN: Well, my boot or computer.
SHERIFF HIERHOLZER: Highlights is, this contract
will cost us $298,245.54 a year. That's the annual contract,
okay?
COMMISSIONER OEHLER: As opposed to what you were
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111
Paying --
SHERIFF HIERHOLZER: Which would have been --
COMMISSIONER OEHLER: -- if you do it yourself.
SHERIFF HIERHOLZER: It would have been over
360,000 a year.
JUDGE TINLEY: Personnel costs alone.
SHERIFF HIERHOLZER: Personnel costs alone. And
then you add your medical and all that -- or close to
personnel costs alone.
COMMISSIONER WILLIAMS: How many personnel are you
eliminating, Sheriff?
COMMISSIONER OEHLER: Five, wasn't it?
SHERIFF HIERHOLZER: Five or six -- five.
COMMISSIONER OEHLER: Five, what I remember.
SHERIFF HIERHOLZER: Five total positions in
medical we've cut out.
MS. HYDE: We still have one in there.
SHERIFF HIERHOLZER: We had one until October 1,
okay? Until this becomes effective October 1. Then, as of
October 1, the one position I have is most likely going to
work for this company. They've already been in discussion
about that, and pretty with will have come to an agreement.
JUDGE TINLEY: Let me inquire of the County
Attorney. Do we need to go back to the position schedule and
amend that, if we approve the contract, to eliminate those
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employees on the position schedule? Or can we do it on the
contract -- as part of the contract approval motion?
COMMISSIONER LETZ: Are all five in the budget?
MS. HYDE: No, sir. Only one remaining. The four
were removed.
SHERIFF HIERHOLZER: But they've never been
officially removed by the Court, although technically they're
not in the budget.
COMMISSIONER OEHLER: They've been removed if
they're not in the budget.
SHERIFF HIERHOLZER: Well, I mean, and the one's
not even in the budget.
MS. HYDE: Yes, he is. Well, he's in my position
schedule.
SHERIFF HIERHOLZER: In the position schedule, but
he's not budgeted funds, 'cause we're counting on this.
JUDGE TINLEY: But you're going to eliminate the
one that's in the current position schedule come October 1?
SHERIFF HIERHOLZER: Yes.
JUDGE TINLEY: Okay. Let's talk about the contract
first, okay? Any questions for the Sheriff on the contract?
Do you have anything you want to throw at him, Commissioner?
COMMISSIONER BALDWIN: No.
COMMISSIONER LETZ: I move we approve the contract.
COMMISSIONER OEHLER: Second.
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113
JUDGE TINLEY: Motion made and seconded for
approval of the contract as presented.
SHERIFF HIERHOLZER: Authorization --
JUDGE TINLEY: Further question or discussion on
the motion?
SHERIFF HIERHOLZER: -- to let the Judge sign the
same.
COMMISSIONER LETZ: And authorize the Judge to sign
same.
JUDGE TINLEY: All in favor --
COMMISSIONER WILLIAMS: When's it become effective?
SHERIFF HIERHOLZER: October 1.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: 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
back, if we could, to Item 18; consider, discuss, take
appropriate action to adopt the position schedule, step/grade
schedule, and general provisions for FY 2008-09. Does any
member of the Court have a motion with regard to the
elimination of one of the medical personnel in the Sheriff's
budget being eliminated as of October 1?
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COMMISSIONER WILLIAMS: Move that we eliminate the
position as the Sheriff detailed, effective October 1.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on that motion? All in
favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go
back to Item 21, if we might; consider, discuss, and take
appropriate action on additional pay due to Kerr County Court
at Law Judge for FY '07-'08 because of change in state
statute, and offsets to same due Kerr County for FY '07-'08
and prior years. I put this item on the agenda because, as
indicated, the change in state statutes, and we discovered
that the -- as part of the supplement that the County Court
at Law Judge receives, number one, we're $15,000 short
beginning October 1, '07, through September 30, '08, because
of the change in state statute that increased that Judge's
salary to a sum of not less than $1,000 below the District
Judges, which requires an additional 15,000. However, Judge
Brown had allocated $5,000 of his supplement to his court
coordinator. But in examining the payroll records, that
amount had not been deducted from the amount paid to Judge
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Brown, but had, in fact, been paid -- the 5,000 to the court
coordinator -- out of Kerr County funds, whereas it should
have been deducted from -- from what he received.
So, according to the Auditor, we're due a
reimbursement of $5,000 for '07-'08. Having discovered that,
we went back and looked at previous years, and discovered
that the same thing occurred last year, '06-'07, so there was
an overpayment of $5,000, and that in the prior budget year,
nine months -- I assume that was when that court coordinator
came on board -- of the apportionment of that $5,000 was
paid, for a total of $3,750.12. The Auditor has advised me
that the offset due to Kerr County is $13,750.12. So,
essentially, what we owe Judge Brown is the $15,000, less
those offsets of $13,750.12, and he's due the net in order to
bring him current through this current fiscal year. Is that
correct?
MS. HARGIS: Five, ten -- okay.
JUDGE TINLEY: Is that correct, Ms. Hargis?
MS. HARGIS: Yes. I'm trying to think.
COMMISSIONER LETZ: Through current year, being
2008-2009.
JUDGE TINLEY: No, '07-'08. We set his salary in
accordance with proper state statutes for '08-'09. We've
already done that.
COMMISSIONER WILLIAMS: So, how much do we owe
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JUDGE TINLEY: Well, it's --
COMMISSIONER OEHLER: 1,500 and something dollars.
JUDGE TINLEY: 1249.88.
COMMISSIONER OEHLER: And that's assuming that we
pay him for that -- that we did not know that the cap had
been lifted, and I'm not sure whose responsibility that was
to tell us that so we would not miss it. But had we known
that in advance, this money would not be due Judge Brown, any
of it, today.
COMMISSIONER WILLIAMS: We would have done it --
COMMISSIONER OEHLER: Or else you would have had to
say, "Well, we want to give him the same thing that the other
elected officials and department heads received last year."
Is that not correct? We didn't automatically approve that.
That came to our attention through this; is that not correct?
JUDGE TINLEY: Well, of the -- of the $5,000 that
had been paid separately, apart, over and above his total
salary?
COMMISSIONER OEHLER: I'm talking about the
7 percent increase that he was due to receive last year in
the '07-'08 budget. Is that not correct? Being the cap was
lifted, because we addressed that in the last meeting to deal
with District Judges and the County Court at Law Judge for
the next -- the upcoming year. Does this have anything to do
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with that?
JUDGE TINLEY: No. The County Court at Law Judge
was not included within the schedule of -- of increases for
elected officials in Kerr County that we're required to
publish, so that he was -- that position was not even
included in that notice that went out by publication.
COMMISSIONER OEHLER: Well, I guess my question is,
how come we owe Judge Brown anything?
JUDGE TINLEY: Well, because the state statutes
were amended and said, effective October 1 of last year --
COMMISSIONER OEHLER: That's my point. We didn't
-- that was not pointed out to us at that time, that that cap
had been lifted. If that cap had not been lifted, he would
not been entitled to that 7 percent that elected officials
and department heads received last year.
MS. HARGIS: He didn't get it last year. He didn't
get it last year either.
JUDGE TINLEY: No.
COMMISSIONER OEHLER: But are we trying to pay it
to him now?
MS. HARGIS: No.
JUDGE TINLEY: No. No, just -- this is just the
base salary that -- that increased him from 124 to 139.
COMMISSIONER OEHLER: And we are supposed to pay
that -- that additional that the state --
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MS. HARGIS: Yes.
COMMISSIONER OEHLER: -- approves for his salary?
We pay the 15?
~I, JUDGE TINLEY: We pay the 15. The -- the
supplement is not paid to Judge Brown directly. The
supplement comes into the Kerr County Treasurer's office, and
then as part of the total payroll process, Judge Brown is
paid what he's due from both Kerr County's apportionment of
his salary and the supplement. So, it flows in to us, and
then we pay it out. That's why -- that's why it's due to
him.
COMMISSIONER OEHLER: Okay. It's not actually Kerr
-- not actual Kerr County funds. These are funds that have
flown -- that appeared from the state.
COMMISSIONER WILLIAMS: Come down.
i
COMMISSIONER OEHLER: Trickled down here, and we ',
just distribute them, so this is actually not Kerr County
dollars we're talking about.
JUDGE TINLEY: Yeah, but we've got them in our
possession, and have had them in our possession. But he's --
he just hasn't been paid that, because he was not included in
the earlier publication. But the Comptroller says we need to
pay him. But, by the same token, we have these offsets where
it wasn't handled in a manner that -- that the amount he
allocated to the court coordinator was deducted from what he
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was to receive, so that's why we got a good offset.
COMMISSIONER OEHLER: I think I understand now.
JUDGE TINLEY: Ms. Hyde, you had a question?
MS. HYDE: So, I make a one-time payroll adjustment
for $1,249.88, versus the $10,000 that I got before?
JUDGE TINLEY: That's correct. Well --
MS. HYDE: And I do it on the September 30th --
JUDGE TINLEY: Well, depends upon if we get -- we
get favorable action by the Court right now.
MS. HYDE: Okay, I'm sorry.
JUDGE TINLEY: That's what's pending before the
Court right now.
MS. HYDE: I'm sorry.
JUDGE TINLEY: The payment to him of $15,000, less
the offsets of $13,750.12.
COMMISSIONER BALDWIN: Judge, have you -- have you
or Ms. Hargis or anyone else discussed this with Judge Brown?
Does he know about all of this?
JUDGE TINLEY: Ms. Hargis? I~
MS. HARGIS: I haven't.
JUDGE TINLEY: Have you not discussed anything with
him?
MS. HARGIS: Not since we -- he requested the
initial funds, no, I have not.
JUDGE TINLEY: Okay.
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COMMISSIONER BALDWIN: So, y'all are going to let
him blow up and come jump on his commissioner, right?
SHERIFF HIERHOLZER: Precinct 1, too, isn't he?
COMMISSIONER BALDWIN: Yes, it is one.
COMMISSIONER WILLIAMS: Your lucky day.
COMMISSIONER BALDWIN: Is today my lucky day or
I what?
COMMISSIONER WILLIAMS: Today's your lucky day.
JUDGE TINLEY: As they say, congratulations; you
win the turkey.
COMMISSIONER BALDWIN: I can handle it. I can
handle it. On the phone. (Laughter.)
COMMISSIONER LETZ: Do you have a motion?
COMMISSIONER WILLIAMS: Needs a motion.
JUDGE TINLEY: Yeah.
COMMISSIONER LETZ: I make a motion that we
authorize the one-time payment of $1,249.88 to make the
salary adjustments as required by the Legislature.
COMMISSIONER WILLIAMS: I'll second it.
JUDGE TINLEY: Motion made and seconded as
indicated. Your intent was to pay him the 15,000 that he's
due by state statute, less the offsets that --
COMMISSIONER LETZ: Correct.
COMMISSIONER WILLIAMS: Should we designate in the
motion that that is for Judge Spencer Brown?
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COMMISSIONER OEHLER: Actually, we're getting --
we're going to get back 1,200-something dollars.
COMMISSIONER LETZ: No, we're paying.
COMMISSIONER OEHLER: I know we're going to pay,
but this is pretty screwball, sounds to me like.
JUDGE TINLEY: Okay. We have a motion and a
second, I believe.
THE CLERK: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Do you think that I'd be a
hero to Spencer if I vote against this thing? I
MS. HYDE: Yeah.
COMMISSIONER BALDWIN: I have one "yeah" and one
"no." I don't either.
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: The motion does carry. Let's go to
Item 24; consider, discuss, take appropriate action regarding
policy and procedures for Hill Country Youth Exhibit Center.
Commissioner Oehler.
COMMISSIONER OEHLER: Well, we talked about this a
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little bit last meeting, and I believe there's just some
changes. I believe the highlighted section, I believe, on
Page 3 will prove up -- say what we intended for it to say.
It's just a policy change in our agreement.
COMMISSIONER BALDWIN: Is this an addition?
COMMISSIONER OEHLER: This is an addition, yes.
talk -- I had a guy call me last night for the upcoming event
with 4-H and the Sunrise Lions, and he doesn't really agree
with the fact that they ought to have to pay anything,
because 4-H is in what they're doing together, and they're --
but it's benefitting both of them, and I think we'll -- I
told him we were going to discuss this policy change today,
and I told him, I said, "I think we're trying -- we have to
be fair to all of the 501(c)(3) nonprofit organizations. We
can't charge one something and the other one nothing." And
that's what this is about.
COMMISSIONER WILLIAMS: Commissioner, does this
I believe it does. We're
going to	start	getting	deposits from these	people, especially
if they	don't	intend to	clean up. And --	but I believe we
need to -- something needs to be done. I think, you know, we
try to be fair to everybody, and I think this is the only way
we can be fair. Even though, of course, they disagree with
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i
the way I feel about it. And I told him that, you know, the
Court could change their mind about it or they can give him
an exemption any time if he wanted to request it.
JUDGE TINLEY: Commissioner, what about a
not-for-profit organization partnering up with a commercial
organization? Should not that be included here also? And a
follow-up inquiry to that is, should we base it upon a
participation in the benefits derived; i.e., the receipts?
You know, they may not be 50/50. They may be 60/40, 75/25.
COMMISSIONER OEHLER: Would you like to try to
rewrite that, being with your legal mind? This was mine and
Jody's efforts at doing it, mostly Jody's.
JUDGE TINLEY: Okay. Is it your intention to -- to
make the participation and the cost proportionate to the
share of the benefits to be received? Or are you just going
to assume everybody is 50/50?
COMMISSIONER OEHLER: Well, the thing -- the way I
see it is, everybody is 50/50 except for when it -- it
involves 50 percent of it being an organization that the
County does not charge.
JUDGE TINLEY: Or we're charging a nonprofit a
75 percent reduced rate, but they're partnering with a
commercial organization that ought to be paying -- paying
full price.
COMMISSIONER OEHLER: Full price.
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JUDGE TINLEY: And what if the game is, we're going
to use this not-for-profit, but they're only going to get 10
or 20 percent; the commercial is going to get 80, 90 percent?
COMMISSIONER OEHLER: I think you have an idea of
how -- I hadn't even thought about that aspect. I was more
focused on the 4-H and the Sunrise Lions when we did this,
because of what's happened in the past.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: And I never -- never
considered what you're talking about.
JUDGE TINLEY: Your thinking is that the expense
factor ought to be proportionate to the receipt of benefit
factor?
COMMISSIONER OEHLER: I believe so. Except --
'i
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: But the way the 4-H and the
Lions work, according to what the guy told me last night, is
that they -- after all expenses are paid, they split 50/50,
up to 10,000 each, and anything they get over 10,000 each,
4-H gets the balance. His contention was that under that
scenario, the 4-H would be paying half of the expenses on the
rental, and I said, "I think you need to change the way that
you divide up your expenses, because 4-H doesn't pay any, but
I feel that the Sunrise Lions, just like any other
organization, would." And, of course, he didn't agree with
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me, but that was my intent in what we're doing here. That's
the only thing that makes it any more complicated.
JUDGE TINLEY: Well, that could conceivably -- if
you carry that out, some sort of retroactive audit to see
what happened to the funds that -- the net proceeds that were
distributed.
COMMISSIONER OEHLER: Yeah. I don't know. I was
just trying to fix what I saw was a problem.
JUDGE TINLEY: I understand.
COMMISSIONER OEHLER: I think you have expanded it
to another problem, that maybe we ought to bring it back next
meeting and let --
JUDGE TINLEY: Okay, we'll work on that.
COMMISSIONER LETZ: What about the Sunrise Lions?
Isn't that event pending pretty soon?
COMMISSIONER OEHLER: October 4th.
COMMISSIONER LETZ: So, I mean, if we're -- or do
you want to let it slide and let them fix it next year?
COMMISSIONER WILLIAMS: Why don't we do this, then?
Just agree to bring it back and correct their part.
COMMISSIONER OEHLER: Add to it next time.
JUDGE TINLEY: I think Commissioner Oehler's
already put them on notice, "Boys, this is coming."
COMMISSIONER OEHLER: Well, I think we did whenever
we talked about it last meeting.
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COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: And it's just a matter of
adding it to our policy.
COMMISSIONER WILLIAMS: Let's do this one and come
back with another one.
COMMISSIONER OEHLER: So, I move that we approve
the agenda item as presented for the 4-H -- for the Hill
Country Youth Exhibition Center regarding policies and
procedures.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Gentlemen,
it appears to be noon. Do you want to charge forward?
JUDGE RAGSDALE: Can I just -- you had a question
about how many phone lines I needed on my phone system that I
proposed.
(Low-voice discussion off the record.)
COMMISSIONER OEHLER: Don't make him come back,
Judge.
JUDGE TINLEY: Huh?
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COMMISSIONER OEHLER: Can we get him over with now?
COMMISSIONER LETZ: I'd rather charge through,
including Judge Ragsdale.
JUDGE TINLEY: Can we shoot him?
JUDGE RAGSDALE: You had a question about how many
phone lines. What is the question? "Why," I presume?
COMMISSIONER LETZ: Well, he needs to call the
item.
JUDGE TINLEY: Are you on Item 25?
JUDGE RAGSDALE: I have absolutely no idea.
JUDGE TINLEY: I think that's your item,
Commissioner Baldwin.
COMMISSIONER BALDWIN: Am I on 25?
JUDGE TINLEY: Yeah.
COMMISSIONER OEHLER: I believe it's 25.
JUDGE TINLEY: Are you willing to yield to go back
to an item that was considered early this morning?
COMMISSIONER LETZ: On Item 14.
JUDGE TINLEY: Item 14?
COMMISSIONER BALDWIN: That the person that made
the request was not present?
COMMISSIONER WILLIAMS: Yeah.
JUDGE TINLEY: I think that's the one.
COMMISSIONER BALDWIN: Had an appearance of not
caring enough about the agenda item that he just didn't show
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up? Or --
JUDGE TINLEY: One could make that assumption.
COMMISSIONER BALDWIN: Yeah, I'll pass up mine for
I that .
JUDGE TINLEY: Okay. All right.
JUDGE RAGSDALE: We're being funny, right?
JUDGE TINLEY: Let me call Item 14, --
JUDGE RAGSDALE: I just wanted to make sure before
I laughed or frowned.
JUDGE TINLEY: -- consider, discuss, and take
appropriate action on telephone answering system and
additional phone lines to accomplish telephone system for
I'~ Justice of the Peace offices. Judge Ragsdale.
JUDGE RAGSDALE: Sir?
JUDGE TINLEY: Tell us about this item.
JUDGE RAGSDALE: What do you -- I've presented this
one time already.
JUDGE TINLEY: Are we going to one line, or are we
going to have four lines?
JUDGE RAGSDALE: I presented three lines and four
lines, whichever one you'd approve. I think the three
lines -- it depends on what kind of service we intend to
provide. I really don't care if people get a busy signal,
but I imagine we're going to hear about it. I think three
lines would be appropriate for the volume of phone calls --
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incoming phone calls I anticipate. If you want to approve
two incoming lines, we're talking about -- this is
accommodating four offices; it's not just my office. This is
accommodating four offices. So, if you think one phone line
would do that -- I don't, but if you think that one phone
line would accommodate four offices, then that's what we'll
approve.
COMMISSIONER LETZ: Is this one phone line only
for -- only -- the only time this number is used is on
tickets, basically?
JUDGE RAGSDALE: Which is a -- a dominating
inquiry.
COMMISSIONER LETZ: How many tickets do we -- are
processed a day?
COMMISSIONER OEHLER: A bunch.
JUDGE RAGSDALE: I have no idea a day, but there
are a lot. I --
COMMISSIONER LETZ: I think one line will be
~ enough.
JUDGE RAGSDALE: No. Loosely, what I -- I asked
the other J.P.'s a year ago, I figured out that each clerk
spends about eight hours a week on the telephone answering
redundant phone calls.
COMMISSIONER LETZ: I believe that. I'm just
wondering -- to me, it's the -- I think you tend to talk a
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lot more. I think the idea is great. I just would think
that one phone line would be enough, and if people get a few
They need to pay their
JUDGE RAGSDALE: Well, you're talking about -- and
you're not wrong in the respect that if it's some obligation
that presumably they're going to take care of. I'm
concerned -- you know, I want to be able to turn over money
to the County as rapidly as possible. It's been my
experience over 18 years that the longer we delay in a
collection, the less likely you are to collect it, period.
So, if these people can be accommodated -- I've tried
everything I can think of to reduce the phone calls. I've
got a website that is seldom visited, although it is some.
That reduces it. We have courtesy letters that are given to
everybody that gets a ticket. On that thing in three
different places in boldface print, it says, "Do not call the
office.	" They	all	call anyway,	and they say,	"What can	we do
to take	care of	the	ticket? The	cop told me	to call."	And,
you know, they swear up and down they don't tell them to
call. I know for a fact I put three different places and
told them not to call, and they call anyway.
COMMISSIONER LETZ: Yeah. I -- I just think that
-- I mean, I agree with what you're trying to do. I think
that one phone line -- if they do get a busy signal, maybe
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they'll read the darn letter.
JUDGE RAGSDALE: No, sir.
JUDGE TINLEY: We can always add other lines after
the fact.
COMMISSIONER LETZ: We can always add more lines.
JUDGE RAGSDALE: Well, but then I don't have it in
', the budget.
COMMISSIONER WILLIAMS: Is this in your budget?
JUDGE RAGSDALE: I'm working on it right now.
COMMISSIONER WILLIAMS: Budget's already been
adopted.
COMMISSIONER LETZ: This isn't in the budget.
JUDGE RAGSDALE: So, if I'm wasting my time, I'll
I walk off.
COMMISSIONER LETZ: I'm in favor of giving you one
line. We can find the money under the Contingency line item.
JUDGE TINLEY: What about the purchase of the
equipment? We have a $3,800 equipment pool.
COMMISSIONER WILLIAMS: I don't -- that's why we
need to talk. See, I don't understand why we can't get Hill
Country Co-Op or Windstream just to add a line, then you get
a recording hooked up to it. I mean, I'm sure -- why do we
need a sophisticated system, is what I'm asking.
JUDGE RAGSDALE: Otherwise, we're -- we are
going -- this is a non-person phone system.
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COMMISSIONER WILLIAMS: Recorded message.
JUDGE RAGSDALE: This is a system of recorded
messages that lead a person to a conclusion, if they want to
be led.
COMMISSIONER WILLIAMS: One universal number for
all four J.P.'s.
JUDGE RAGSDALE: Correct.
COMMISSIONER WILLIAMS: Recorded message.
JUDGE RAGSDALE: Several recorded messages. This
has the ability to go to eight lines total. It's all
incoming; it's not outgoing. At the end of it, if they still
haven't reached a conclusion, they're instructed to call our
regular office numbers and a clerk will talk to them.
JUDGE TINLEY: Are they required to work off of a
menu, and if they want to do this, punch this?
JUDGE RAGSDALE: Correct.
JUDGE TINLEY: Want to do something else, punch
', this?
JUDGE RAGSDALE: Correct.
JUDGE TINLEY: That's the automated equipment,
I then.
JUDGE RAGSDALE: Correct.
JUDGE TINLEY: We can't just use a regular
answering machine that says you call such and such a number,
and here's what you need to take care of your --
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JUDGE RAGSDALE: Correct.
JUDGE TINLEY: -- citation issued.
JUDGE RAGSDALE: It's not to deliver just a message
of, "Leave your message and we'll call you back." That
totally defeats the whole idea of it.
COMMISSIONER LETZ: I mean, you can't devise -- I
was maybe thinking of something different. I was thinking
that you call in and you get a recording, "If you're calling
about a speeding ticket, read your letter." (Laughter.)
That's what -- to me, that's what it needs to say, "Read the
letter."
JUDGE RAGSDALE: Well, then, how do you accommodate
the person that didn't get one or lost it?
COMMISSIONER OEHLER: I like that, but it probably
I won't work.
JUDGE RAGSDALE: You're not telling me anything I
haven't told several thousand people, okay? But I don't want
to have to keep telling them; I've got other stuff to do.
COMMISSIONER LETZ: I agree.
COMMISSIONER WILLIAMS: Not the same thousands; you
got new thousands now.
JUDGE RAGSDALE: Yeah. It's -- it is just
superfluous. The reason we need the equipment, first off,
it's going to take over the equipment I have in my office
already. There was no way to have it separate. But also,
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it -- it would take over all the phone calls for all J.P.'s,
only on traffic cases, and it would, like, direct a
conclusion. I proposed three incoming phone lines to be able
to accommodate multiple inquiries, and I still think that
with three phone lines, they would still be getting busys.
It's not like -- it's -- this is not Cadillac; this is
basic -- very basic technology.
JUDGE TINLEY: Seems like it's pretty expensive
basic technology.
JUDGE RAGSDALE: It's not.
JUDGE TINLEY: Five grand for the machine.
JUDGE RAGSDALE: Now, it's -- that's up to you. I
think that it will free up -- we came and asked for an
additional clerk, which y'all said wasn't a good idea.
That's fine. Some of the offices are being pretty well
overwhelmed by answering the telephones, especially answering
the telephone on redundant trash that you ought not to have
to answer. I even had a guy just insist one time that it was
my job to explain it all to him. I said, "Read the letter."
"I don't want to." "Well, you're going to be in a jam,
because I'm not going to sit here and explain it to you
again."
COMMISSIONER LETZ: I -- I don't understand -- I
mean, I'm not trying -- I'm not fighting on you this. I want
to do it. It's just a matter of -- I'll give you my phone
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line in the office, 'cause I don't use that line; I use my
cell phone. You got a number there. You can put a recording
on it, and then it doesn't cost the taxpayers anything. I
don't understand why we need a menu-driven -- all these
options. I mean, the instructions are petty simple, I would
think. I mean --
JUDGE RAGSDALE: How do you explain to the person
who either is learning-disabled, which you have to make
accommodations for, or how do you explain to a person who
swears up and down they didn't get the letter, or the person
who doesn't have Internet access to read the letter they
didn't get or don't understand?
JUDGE TINLEY: We're going to give them about,
what, four different options?
JUDGE RAGSDALE: Probably about six or eight
different options.
JUDGE TINLEY: About six? You got trial. You got
jury.
JUDGE RAGSDALE: Driver's safety course, deferred
disposition.
JUDGE TINLEY: Driver's safety course. You know,
and a plea by mail. And anything else, you're going to have
to go to the judge.
JUDGE RAGSDALE: Mailing addresses, things like
that. If you're calling for a mailing address, push this. I
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guess they could sit and listen to the whole thing, but
that's just going to tie it up that much longer.
JUDGE TINLEY: Commissioner Letz, you know, you --
you just say, "Here's your options," and I guess then they're
going to call you and say, "What are my options?"
MR. TROLINGER: Judge Ragsdale, wouldn't you say
that this gives you 24-hour coverage on these questions,
versus just daytime only, and that you do need to replace
your office telephone system?
JUDGE RAGSDALE: It doesn't work. What I have
doesn't work any more. It's about six years old. And it was
-- yeah, I bought it at Office Max for $300 or $400.
COMMISSIONER WILLIAMS: Judge Ragsdale, did you
present the whole thing to us during budget workshop?
JUDGE RAGSDALE: Yes, sir.
COMMISSIONER LETZ: Yeah, he did.
JUDGE RAGSDALE: Sure did.
COMMISSIONER LETZ: He did.
JUDGE RAGSDALE: The whole thing, and gave copies
to everybody, I believe.
COMMISSIONER OEHLER: He did.
JUDGE RAGSDALE: I was told at that time to give
the information to Information Technology, and I did that.
And --
COMMISSIONER WILLIAMS: I remember now.
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JUDGE TINLEY: Anybody want to move forward on this
right now?
COMMISSIONER BALDWIN: Were we coming back after
lunch? It's a yes or no.
JUDGE TINLEY: I'm coming back after lunch, 'cause
I got cases to hear.
COMMISSIONER BALDWIN: What about Commissioners
I Court?
JUDGE TINLEY: Well, if we can get on with the
business, we can probably get through here in 15 or 20
minutes, in my thinking.
COMMISSIONER LETZ: I think -- I want to do what
you want to do, but I don't want to spend $5,000 on
equipment.
JUDGE RAGSDALE: That's a problem.
COMMISSIONER LETZ: And I don't think -- it seems
to me that there is an easier -- a less expensive
alternative, based on -- you know, I had a -- I know
Windstream; for my personal business I had a number there
that didn't exist, it was just a phone number you dialed
into, and I had a message on it. And I don't understand why
that can't work, and that cost me $30 a month. That's --
that's -- or 35, whatever it was.
JUDGE RAGSDALE: I honestly can't speak to what you
put on your recording.
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COMMISSIONER LETZ: Right.
JUDGE RAGSDALE: But --
COMMISSIONER LETZ: There's no options. There was
i
no menu to do this or this.
JUDGE RAGSDALE: Correct.
COMMISSIONER LETZ: Just listen to it, and --
JUDGE RAGSDALE: What I'm trying to do is get
somebody on the phone and off the phone as quickly as
possible, so they can address their specific need, as opposed
to listening to a rendition of maybe eight to ten minutes on
the phone.
(Commissioner Baldwin left the courtroom.)
JUDGE RAGSDALE: To find out the answer that could
have been done, and whatever. You know, if I sit there and
read the entire courtesy letter to them on this recording,
they're going to be tied up for a long time.
COMMISSIONER OEHLER: Do we have money in the
budget for this, or did we just not address it in the budget?
JUDGE RAGSDALE: Well, you saved a bunch of money
on salaries.
COMMISSIONER OEHLER: No, we didn't.
JUDGE RAGSDALE: On elected officials.
COMMISSIONER WILLIAMS: I don't recall that we put
it in.
COMMISSIONER OEHLER: Can't save it unless you're
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going to pay it out.
JUDGE TINLEY: I don't think we had any numbers at
that time, is the reason we did not put it in.
JUDGE RAGSDALE: I offered you the numbers, yes,
sir.
JUDGE TINLEY: Yeah. Yeah.
JUDGE RAGSDALE: Okay.
JUDGE TINLEY: Anybody on the Court want to move
forward on this at this point?
COMMISSIONER OEHLER: Let's wait till next meeting.
JUDGE TINLEY: Okay. Thank you, sir.
COMMISSIONER OEHLER: Talk about it a little bit
~ more.
JUDGE RAGSDALE: Thank you.
JUDGE TINLEY: Where'd Buster go? Bailed out.
Let's go to Item 27; consider, discuss, take appropriate
action on creating an Indigent Health Care full-time employee
position with a minimum of 14.1 step and grade for FY
'08-'09, and appointing a supervisor.
(Commissioner Baldwin returned to the courtroom.)
MS. HARGIS: This is on the Indigent Health Care
position that we talked about last time. I'm going to ask
that we turn this over to Rosa lavender so Rosa can talk to
you about it.
MS. LAVENDER: I'm going to be quick. You all have
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a copy of the proposal that I prepared on September 9th that
would place the Indigent Health Care program under my
supervision. It's been suggested that we rename the
department, instead of Victims Services, call it "Kerr County
Support Services," and have both victims services and
indigent health care under that one umbrella. And the net
difference in the budget is nothing, because we already have
money set aside in the budget, and then my salary is paid for
by a grant.
COMMISSIONER WILLIAMS: This is a new position,
correct?
MS. LAVENDER: Correct.
COMMISSIONER LETZ: Is this a -- is this the best
place to put it? Or is it -- I mean, you weren't -- when I
was thinking of where this was going, you didn't come up in
~ my --
MS. LAVENDER:	I didn't	come up	on the	radar?
COMMISSIONER	LETZ: You	weren't	on the	radar
screen.
MS. LAVENDER: Well, as I said in that letter,
there's a lot of common -- common denominators with indigent
health care and victims' services, because we're really
dealing with the same population a lot of the time. And I --
you know, after talking with people about it, we felt like
this might be a good option for doing it. When I called
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AACOG, they thought it was an ideal place. And other people
that we talked to --
COMMISSIONER WILLIAMS: I guess so; they don't have
to pay for it.
MS. LAVENDER: Huh?
COMMISSIONER WILLIAMS: I guess so; they don't have
~ to pay for it.
COMMISSIONER LETZ: I don't have a problem. It
just seems like it's an odd spot, but maybe, you know, it's
not. It's not a dollar impact. I think it's something we
need to do from the County's standpoint. I think the down
side is horrible in indigent health care.
COMMISSIONER WILLIAMS: I have one question,
though. If we're going to do it in this case -- I'm not
opposed to it, but if we're going to move -- create the --
the indigent health care position and move the Crime Victims
Coordinator, because we have handicapped access issues
downstairs, do we not have the same handicapped access issues
for the Treasurer who's also down there?
MS. LAVENDER: But the public doesn't come to see
the Treasurer.
MS. HARGIS: The public --
MS. LAVENDER: That's the difference.
MS. WILLIAMS: We don't have that many instances
when the public comes in that -- that they're handicapped or
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142
A.D.A. disabled.
MS. HYDE: And when they do, they normally come to
my office, and then I call.
COMMISSIONER WILLIAMS: Okay, I just wanted to ask
the question.
COMMISSIONER LETZ: Where is this going?
COMMISSIONER WILLIAMS: In the area right outside
the elevator, in the --
MS. LAVENDER: That's a separate item on the --
MS. HARGIS: Yeah.
MS. LAVENDER: -- agenda. Let's do the position
first.
COMMISSIONER BALDWIN: Well, I think it's a perfect
fit. I mean, I can't imagine it going anywhere else. I
think when Rosa came up with the idea, I kind of jumped for
joy.
MS. LAVENDER: And I have quite a number of years
in a position of administering over other people that worked
under me when I was teaching, so I kind of know the gist of
having an employee.
COMMISSIONER BALDWIN: And having, you know, her
sitting there dealing with a particular person that deals
next door, the exact same people, you know, it's just a --
it's a perfect fit, almost.
COMMISSIONER WILLIAMS: You know the build-out
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costs?
COMMISSIONER BALDWIN: Yeah, but I don't know about
this location. I can't read this thing. Tell me -- tell me
where this is.
JUDGE TINLEY: Well, we'll get to that on another
agenda item.
COMMISSIONER BALDWIN: All right. I'm all for it.
COMMISSIONER LETZ: Is that a motion?
COMMISSIONER BALDWIN: I move that we join forces
or whatever it is, however --
JUDGE TINLEY: Approve the agenda item?
COMMISSIONER BALDWIN: That's right. That's
exactly what I was trying to say.
MS. LAVENDER: Next words out of your mouth.
JUDGE TINLEY: I have a motion. Do I hear a
second?
COMMISSIONER WILLIAMS: I'll second it.
JUDGE TINLEY: I have a motion and a second.
Question or discussion?
MS. HYDE: You have to modify the things again,
because now we're going to add a position to the position
~ schedule that's not on there.
~, JUDGE TINLEY: Yeah. If we add a new position, we
would necessarily modify the position schedule, I would
think.
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COMMISSIONER LETZ: But there's no budgetary
impact?
MS. HARGIS: No.
COMMISSIONER LETZ: Okay.
MS. HYDE: Yeah, there is.
JUDGE TINLEY: I'm having a hard time understanding
that there's no budgetary impact.
COMMISSIONER WILLIAMS: I am, too.
JUDGE TINLEY: If you're going to put somebody on
the payroll, that -- at any step or grade -- any grade or
step, you're going to have budgetary impact.
MR. TROLINGER: I've established in the past, the
cost per computer to support it is about $3,000, $3,400 per
year, per user.
JUDGE TINLEY: Including software?
MR. TROLINGER: All. All-inclusive.
COMMISSIONER WILLIAMS: Well, we say there's no
budgetary impact. Are we -- were we trying to do an equation
here between what we were spending --
MS. HARGIS: Okay.
COMMISSIONER WILLIAMS: Would somebody like to
explain it to me?
MS.	HARGIS: Okay.	The salary is	-- is a
non-budgetary	item, because	currently the -	- we pay
50 percent of	that person to	the hospital.	That's our
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contract, which includes benefits, FICA, everything. The --
the equipment, Rosa is proposing that she -- because of
taking over the supervisory position, AACOG said that
5 percent of her time would be used for that supervisory
position, so they asked her to move 5 percent of her line
item of her salary down to another line item. So, what she's
going to do is --
MS. LAVENDER: Office supplies.
MS. HARGIS: -- up her office supplies. So, she
has proposed that she actually take -- she needs a new
computer, and move her old computer over to the new person.
So, we're trying to do this on budget-neutral so that there's
-- there's no -- she's going to -- you know, we have enough
furniture that we can gather up and so forth so that there is
no budget cost.
JUDGE TINLEY: What about the salary? We're going
to have to pay this person.
MS. HARGIS: We have to pay this person a salary.
We are currently paying 50 percent of that -- this person's
salary now, and the hospital is going to now reimburse us for
50 percent of the salary, so we -- we're basically doing the
same thing that we have been doing.
COMMISSIONER WILLIAMS: Where's the other
50 percent come from?
COMMISSIONER OEHLER: The hospital.
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JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I understand.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER OEHLER: We've already been paying;
now we're just going to switch it around.
~' COMMISSIONER LETZ: So, it's not -- I understand
that, but I think what we do need is -- for the record, is to
put all that in writing so we can see that this much was
coming into one line item.
JUDGE TINLEY: Hold it.
MR. EMERSON: In my lay opinion, okay? I'm not an
accountant, but I think you need to budget the whole
position, because we don't have an agreement with the
hospital right now. And that agreement, even if we do have
it, is subject to termination, which means they could back
out of it with 30 days notice. So, if you're going to create
the position, you need to create the position, and then
whatever budget -- or whatever income we derive will be a
credit to that position. But --
COMMISSIONER WILLIAMS: I think you're right.
MS. HARGIS: But if we don't currently have a
contract with the hospital, then the money we currently have
budgeted in the indigent defense -- in the Indigent Health
Care line item in Fund 50 would then get moved to -- to pay
for half the position. So, if we're going to budget for the
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full position, then you have to pay for half. It's not --
but the hospital has agreed. I haven't seen the new
contract, so I'm not going there. That was taken out of my
hands.
JUDGE TINLEY: But if we create this position, I
think we've got to fund it.
MS. HARGIS: True.
JUDGE TINLEY: Plain and simple. Then if we get
some reimbursement by contract or otherwise, so much the
better. But if we hire this person, we're responsible,
period.
COMMISSIONER LETZ: But --
COMMISSIONER BALDWIN: Well, certainly, my motion,
when you create a position, you create the salary to go along
with that.
JUDGE TINLEY: And it's a 14-1, as indicated in the
agenda item.
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Where that comes from, I
couldn't care less. But --
JUDGE TINLEY: Okay. Any other discussion on the
motion?
COMMISSIONER LETZ: But I think the -- is this not
somewhat contingent on the hospital paying 50 percent of it?
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COMMISSIONER BALDWIN: They can pay 50 percent if
they want to; I don't care. That's good. I'd like that.
COMMISSIONER OEHLER: We've got to have the person.
Somebody's got to review the indigent --
COMMISSIONER BALDWIN: I thought -- I thought we
had talked about that -- that person is going to be full-time
Kerr County, and we'll deal with Peterson on a separate issue
-- separate level. That's what I thought we were doing.
JUDGE TINLEY: You had a question?
MR. EMERSON: I was just going to say that I --
I've dabbled in the statutes, okay? I haven't completely
ripped apart the indigent health care, but it indicates that
the County is supposed to provide somebody to assist the
applicants, so I'm assuming that's what this position is.
COMMISSIONER BALDWIN: Correct. Correct. It's
just going to be over here, and not over there.
MR. EMERSON: Right.
COMMISSIONER BALDWIN: Yeah.
MS. LAVENDER: And Beth Taylor, who works in the
Treasurer's office, is -- has been in that position at the
hospital, and is in agreement that this is the best way to do
it, and has said she's willing to -- to help getting it --
JUDGE TINLEY: Assist.
MS. LAVENDER: -- transitioned over here.
COMMISSIONER WILLIAMS: Is she moving over --
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MS. LAVENDER: No, she's staying with the
Treasurer's office. We'll hire someone new for this, but
she's willing --
MS. WILLIAMS: No, she's not moving.
MS. LAVENDER: -- she's willing to help with the
transition.
JUDGE TINLEY: Okay. Other questions or comments?
COMMISSIONER LETZ: Well, my question is, this
amend -- this action is amending the budget we adopted today?
JUDGE TINLEY: If we -- we're creating a new
position, we're amending the position schedule, necessarily,
to provide a 14-1 salary. And if it's not presently budgeted
in the current budget, it would amend the budget.
MS. HARGIS: Half of it is budgeted.
COMMISSIONER LETZ: Half. We need to budget the
other half, and --
MS. HARGIS: And get the contract signed.
COMMISSIONER LETZ: All right. I just wanted to
know what we were doing.
COMMISSIONER OEHLER: Mm-hmm.
COMMISSIONER WILLIAMS: One more time -- one more
time, on the supervisor issue, it says "and appointing a
supervisor." That's going to be Ms. Lavender?
MS. HARGIS: Yes.
COMMISSIONER WILLIAMS: And that compensation is
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going to come from your grant?
MS. LAVENDER: No. The compensation will come --
my entire salary is already in the -- in the budget.
COMMISSIONER WILLIAMS: We understand that.
MS. LAVENDER: Yeah.
COMMISSIONER WILLIAMS: For Crime Victims
Coordinator.
MS. LAVENDER: Right. And the grant reimburses the
County for currently 100 percent. Now it will reimburse the
County for 95 percent of my salary, and the other little bit
of it, $2,300 or whatever it is, would come from the -- the
budget that's already there and been approved. 'Cause we
always -- we always -- help me, Judge Tinley. We always put
the position in the budget every year, or have been doing it,
in case we didn't get the grant.
COMMISSIONER OEHLER: But doesn't that get paid for
by Kerr County, and then the money that comes to fund that --
MS. LAVENDER: Is reimbursed by the State.
COMMISSIONER OEHLER: Reimbursed, but it goes into
the general fund.
COMMISSIONER WILLIAMS: Exactly.
JUDGE TINLEY: And washes through. The only
difference is going to be --
MS. LAVENDER: No, it doesn't go in the general
fund.
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JUDGE TINLEY: -- the 5 percent --
COMMISSIONER OEHLER: Where's it go?
JUDGE TINLEY: -- of her salary over to the
administrative supervision of this new position. That's
really all we're losing, is that portion.
MS. LAVENDER: That amount of the grant will be
transferred. You can transfer up to 10 percent, so we're
going to transfer 5 percent of it over into office supplies,
and then that'll give us the things that we need to get the
office set up. We're not going to make it that way. That's
not technically the way you're supposed to do it. It will be
for my office, is what it will go for. I had to scarf up a
bunch of things when I started my program four years ago, so
this new person will get scarfed stuff, basically.
JUDGE TINLEY: Further discussion?
MS. HARGIS: I still think the money that you will
save from having this position will more than outweigh the
position. You're talking a million-plus dollars a year.
COMMISSIONER OEHLER: That's not an issue.
COMMISSIONER WILLIAMS: I don't doubt that.
COMMISSIONER OEHLER: We know that.
JUDGE TINLEY: You had a question, Ms. Hyde?
MS. HYDE: Okay, I just need clarification. First
off, I renamed -- if I understand, I'm renaming Indigent
Health Care and Crime Victims to Kerr County Support
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Services?
MS. LAVENDER: Well, that was a suggestion. We
!I didn't pass that. I mean, that's just kind of what I
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thought.
MS. HYDE: Okay. Then, if we're not doing that,
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'~ then this person comes under the Indigent Health Care line
item.
MS. HARGIS: Yes. Yes.
MS. HYDE: And we will redo -- we're adding a 14-1,
so that's adding a position in the position schedule that's
not in there right now in the new '08-'09 budget.
JUDGE TINLEY: Okay. We're amending the position
schedule and creating a 14-1, and we're amending the budget
to provide for the funding of that position. Other
questions? 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 carries. Now --
MS. HARGIS: Now, the space issue.
JUDGE TINLEY: Well, I'm going to go to
Commissioner Baldwin's issue first momentarily, because he
was kind enough to yield his place in the scheme of things to
somebody out of order. Item 25; consider, discuss, take
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appropriate action to accept any certifications, licenses,
and/or registrations from department heads that report
directly to Commissioners Court, as required by law for their
department.
COMMISSIONER BALDWIN: Yes, sir. You know, we --
we're going to begin the evaluation of our employees pretty
soon, and -- and the certificates, those things that -- that
are required by the -- by law for them to hold will be a part
of the evaluation, so I just thought we'd get a jump on the
thing and get -- get it -- get the process going. If there
are folks that are in our employment that are behind or don't
have their certificates, it's -- it gives us time to -- we
will recognize that at this point, and it gives us plenty of
time to get everything up and running, get everybody on the
-- on the same page. That's all there is to it. I've
received from the County Auditor, Road and Bridge, Juvenile
Probation, and Juvenile Detention.
COMMISSIONER LETZ: Is the proper place,
Commissioner, to put these in H.R., in personnel files?
COMMISSIONER BALDWIN: We're going to hold them
here for a while, until we -- we talk about that a little bit
later as we get closer to our evaluations.
COMMISSIONER LETZ: So, they need to get them to
Jody?
COMMISSIONER BALDWIN: That's right, yeah. That'll
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be fine. Either me or Jody, either one.
COMMISSIONER WILLIAMS: So, who's missing?
COMMISSIONER OEHLER: Is that a motion to require
them --
COMMISSIONER BALDWIN: No. No, I don't -- I don't
want to court-order anything. It's just -- it's kind of an
information ...
COMMISSIONER LETZ: Information.
COMMISSIONER BALDWIN: Honor system, information.
I -- and Commissioner Williams just asked who's missing. I
really don't know. I've gotten from four departments, a
pretty thick little packet.
COMMISSIONER OEHLER: You'll have some from Animal
Control, some from Environmental Health that I know about.
COMMISSIONER BALDWIN: Yeah. And, like, he didn't
-- there's nothing required from Information Technology -- is
that the name of your department?
MR. TROLINGER: Yes, sir.
COMMISSIONER BALDWIN: Information Technology,
there's nothing required. And there's --
COMMISSIONER OEHLER: We do have some
certifications in Environmental Health, and we have -- we
have paid for those people to go get their certifications.
COMMISSIONER BALDWIN: Correct, and they do have
them. They just --
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COMMISSIONER OEHLER: They do have them. You'd
just like to have copies of that.
COMMISSIONER BALDWIN: That is correct.
COMMISSIONER WILLIAMS: Three down there?
COMMISSIONER OEHLER: You have Tish and.--
MS. HYDE: Yes.
COMMISSIONER OEHLER: -- and Roy and Ray --
MS. HYDE: And Jesse.
COMMISSIONER OEHLER: -- right now, and Jesse.
COMMISSIONER BALDWIN: Jesse just completed
schooling or something.
COMMISSIONER OEHLER: Jesse just completed his, and
then we have Animal Control, and all the -- all of those
except for one have their certifications, and Janie has many
because of what she does as the manager.
COMMISSIONER LETZ: And anybody else that has -- I
mean, you know, it's conceivable that Tim could have some.
He may not -- he may have something that's not required, but
it may be part -- I mean --
MR. BOLLIER: There are some that we can get that
aren't required.
COMMISSIONER OEHLER: Does he even have a certified
birth certificate?
MR. BOLLIER: What did he say?
COMMISSIONER LETZ: Do you have a real birth
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certificate. (Laughter.)
MR. BOLLIER: You're good.
COMMISSIONER OEHLER: It's my time.
MR. BOLLIER: It's your time, brother.
COMMISSIONER OEHLER: That was my shot for the day.
COMMISSIONER BALDWIN: Oh, gosh. That's all.
JUDGE TINLEY: All right. Let's move on to Item
28; consider, discuss, take appropriate action to authorize
building of office space for the office of Indigent Health
Care and Crime Victims Coordinator in the existing open area
in the basement. Proposed drawing of the location of the
offices, as well as cost of construction is included.
MS. LAVENDER: And in your book, there's a drawing
Timmy and I did. Don't even laugh. If you'll turn it this
way, it will make it probably a little more readable.
Elevator is right down here, and it didn't come off in the
printing. That's the whole problem; you can't tell where the
elevator is. Step off the elevator and look, right here.
MR. BOLLIER: These offices right here are on the
north wall, the ones she's wanting to build. North wall.
That -- yeah, north wall.
COMMISSIONER BALDWIN: This is -- this wall
connects them with the County Attorney?
MS. LAVENDER: No.
MR. BOLLIER: No, sir. The --
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MS. LAVENDER: This wall would be the common wall.
MR. BOLLIER: This wall is -- this wall is the
maintenance area, and then this wall right here is the -- is
Angel's office, male and female bathrooms, and county clerk's
just down the road.
COMMISSIONER BALDWIN: All right.
COMMISSIONER LETZ: Yeah. Okay.
MS. LAVENDER: And it would be two offices. Both
of them are about the same size. These two programs both
lend themselves to -- a lot of people come to visit us that
bring family and children sometimes, and it can be very
difficult if you've got children, and we don't want them out
in the open area disturbing other things. And so that --
that's one of the reasons, and because of the records
storage. Indigent Health Care is required to keep all
records for three years, and in my case, I still have most of
the records that I've had since I started the program,
because I'm still working with a lot of the people. And then
this open area over here, we propose to build some portable
walls, actually, with rollers.
JUDGE TINLEY: Screens?
MS. LAVENDER: Yeah.
JUDGE TINLEY: Talking about screens?
MS. LAVENDER: Right. And that way, if we decide
we want to have an event down there, like the wellness fair
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or whatever, and we need that space, we can roll those walls
into one of the offices and use the space. And we -- but the
cost, Timmy figured the -- Tim figured -- I call him Timmy --
figured the cost of it at right at $1,000 for the materials.
COMMISSIONER LETZ: He's got that funded in his
budget?
MS. LAVENDER: He's got it in money, yeah.
MR. BOLLIER: I won't have it this year; maybe I'll
have a little next year.
COMMISSIONER LETZ: I don't mean this year.
MR. BOLLIER: I do have it? Okay, Jeannie says I
have it.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: Tim, do you have any
plumbing issues down there? You got some pipes sticking out.
MR. BOLLIER: Yes, sir, but we're going to cover
those up. But I will have to --
COMMISSIONER BALDWIN: With duct tape.
MR. BOLLIER: -- investigate the one -- I don't
know what I have; haven't a clue what it is, where it's just
a pipe that comes out of the floor. But the other one, I
know what it is. It's a 2- inch drain from upstairs, but I
don't -- I don't have a clue what that other one is, so I --
I need to look into that.
25 ~ MS. LAVENDER: It's glued shut.
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COMMISSIONER WILLIAMS: Maybe we should figure it
out before we cover it up.
MR. BOLLIER: Yes, sir.
COMMISSIONER OEHLER: You ought to ask Mikey
I Walker.
SHERIFF HIERHOLZER: If I were to venture to say,
it's going to be a drainpipe from the old jail.
MR. BOLLIER: That big 6-inch pipe?
SHERIFF HIERHOLZER: Yeah.
MS. LAVENDER: Just a drain?
SHERIFF HIERHOLZER: A drain cleanout pipe that we
used to have when we had sewer problems. Go ahead and open
it; leave you a good odor in there. (Laughter.)
COMMISSIONER LETZ: I'll make a motion that we
approve the build-out as presented, and funds will come from
Maintenance Department's budget.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval as indicated. Any 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.
MS. LAVENDER: Thank you.
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JUDGE TINLEY: We got two addendums, and first is
Item 29; approval of promotion of current secretary to office
manager. That could apply to nearly anything.
MR. WALSTON: That's basically -- instead of office
manager, that should be lead secretary, is what I was --
after visiting with Ms. Hyde, I realized the terminology
needed to be changed. But as -- as you may know, I guess you
should be well aware, we've lost our lead secretary, and
we've now replaced -- we'd like to move the current secretary
I! that's there to the lead secretary. And as of today, we've
-- we've started our new hire for our secretary. So --
COMMISSIONER LETZ: I don't think this requires our
action. I think you can do this.
COMMISSIONER OEHLER: That's what I was thinking.
Why can't he do it, as long as it doesn't change a --
MR. WALSTON: We want a step -- step increase, I'm
'i sorry. To give her a step increase to go from her current
i
14-1, which I believe should be 14-1 to a 14-2.
JUDGE TINLEY: How long has she been on board?
MR. WALSTON: Started last October.
JUDGE TINLEY: Well, she's going to get one here in
just a --
MS. HYDE: Going to get a longevity.
JUDGE TINLEY: -- couple days.
MR. WALSTON: Getting a longevity, but being the
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lead secretary and being responsible -- she'll be responsible
over the actions of both secretaries. I just --
COMMISSIONER LETZ: So, both of them down there
have -- are both 14's? Both secretaries are 14's?
MR. WALSTON: Yes. Yes.
MS. HYDE: Currently, we were working on making
Jamie a 15, based on job responsibilities and things. But
with this happening, it will be next year.
MR. WALSTON: Jamie's now gone.
MS. HYDE: I understand, but that's what I'm
talking about.
MR. WALSTON: But that's why we're -- you know, we
want to make her lead secretary and be responsible.
COMMISSIONER LETZ: And what was -- Jamie was a 14?
MS. HYDE: 14-6.
MR. WALSTON: Jamie --
COMMISSIONER LETZ: Six?
MS. HYDE: 14-5 and 6.
COMMISSIONER LETZ: So, there's money in the budget
to make this adjustment?
MR. WALSTON: Yes, it is.
COMMISSIONER LETZ: You just want to give a
one-step increase? I don't have a problem with that. I'll
make a motion that we approve a one-step increase for the
lead person in the budget.
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COMMISSIONER OEHLER: Lead secretary.
COMMISSIONER LETZ: Lead secretary.
~, COMMISSIONER OEHLER: I'll second your motion.
JUDGE TINLEY: We have a motion and a second.
Question or discussion on the motion?
COMMISSIONER LETZ: I think we need to somewhat put
in our personnel -- somewhere, we need to document what we're
doing here, 'cause I can see us coming back a year from now
and trying to figure out what in the world we're doing. It
appears to me the job descriptions should be absolutely
different for those two positions.
MS. HYDE: They are.
COMMISSIONER LETZ: They are different?
MS. HYDE: Yes, they are.
MR. WALSTON: I can update that job description.
COMMISSIONER LETZ: All right. Okay.
MS. HYDE: We changed them when we did Jamie's.
MR. WALSTON: Yeah. I just need to update those.
JUDGE TINLEY: So, the step increase that we're
speaking of is actually due to a change in job duties and
responsibilities.
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: Further question or discussion on
the motion? All in favor, signify by raising your right
hand.
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carries.
MR. WALSTON: Thank you, gentlemen.
JUDGE TINLEY: Item 30; consider, discuss, take
appropriate action to rescind Court Order 30988 which set a
public hearing on October 13th, 2008, at 10:10 a.m. for the
revision of plat for The Woods, Section Two, revision of Lots
79, 80, 81, 82, and 83, as set forth in Volume 7, Page 369,
Plat Records, located in Precinct 2.
', COMMISSIONER WILLIAMS: Thank you, Judge. I've had
several discussions with Mrs. Kilgore, and at this time, she
does not wish to pursue -- continue to pursue revision of
plat, leaving in place the plat as originally adopted by the
Court. So, in order to do that and cancel the public
hearing, I would move that we rescind Court Order 30988,
which did set the public hearing for October 13th, and this
would, in effect, reverse that action and cancel the public
hearing until a later date, till she decides what she wants
to do.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: There is a motion and second.
Further question or discussion? All in favor of the motion,
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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 BALDWIN: God bless her.
COMMISSIONER WILLIAMS: I would ask Kelly to please
notify whomever needs to be notified that the public hearing
has been canceled.
JUDGE TINLEY: Hitch 'em up, Rex. Okay, let's go
to Section 4 of the agenda, payment of the bills.
COMMISSIONER BALDWIN: I move we pay the bills.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills.
COMMISSIONER BALDWIN: Commissioner, did you have
any that you wanted to throw in here?
MR. NICHOLSON: No, sir.
COMMISSIONER WILLIAMS: Aren't you glad that you're
down there and not up here?
JUDGE TINLEY: Question or discussion on the
motion? Okay. I'm showing on Page 5, under Maintenance,
Custodial and Grounds, window bids for the courthouse, the
publication.
MS. HARGIS: That was not the windows; that's the
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electrical.
JUDGE TINLEY: Okay. That's why there's so -- I'm
showing several of them. I'm wondering how many times we
paid for the same ad, how many different departments. You've
answered it. There were different -- different publications.
MS. HARGIS: Yes. I need to run it three times.
JUDGE TINLEY: Any other questions or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Budget
amendments. The Auditor has presented us with a number of
budget amendments, numbered --
MS. HARGIS: Twenty-two.
JUDGE TINLEY: -- 1 through 24, one of which --
Item 24 indicates that it's a bust-the-budget.
MS. HARGIS: Yes, Item 24 is an Indigent Health
Care. And I was told that in prior years, that you had made
that an emergency item and actually taken it from the fund
balance of that fund, which is Fund 50. We are over by
$41,000 in that item.
JUDGE TINLEY: But that's the end of that one,
isn't it? That runs through September, doesn't it?
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MS. HARGIS: Runs through September.
JUDGE TINLEY: Excuse me.
MS. HARGIS: No.
JUDGE TINLEY: Runs through August, I believe, on
the state year. The Indigent Health Care is carried on --
MS. HARGIS: On their budget.
JUDGE TINLEY: These are all August bills?
MS. HARGIS: Yes.
JUDGE TINLEY: Okay.
MS. HARGIS: 'Cause we were behind because of our
situation.
JUDGE TINLEY: Question. Is there not enough money
left in the Sheriff's... (Laughter.)
COMMISSIONER OEHLER: There you go.
MS. HARGIS: No.
MR. TROLINGER: Jailer?
MS. HARGIS: We don't -- because this is a separate
fund -- I mean, I can cross over funds, but --
JUDGE TINLEY: Okay.
MS. HARGIS: -- that's the reason why we're asking
you not to do that, because you -- if this was set up in the
general fund, you could go from general fund to general fund,
but this is a separate fund. There is sufficient money in
that bank account; there's $265,000 in that bank account, so
I would prefer that you take some from that fund balance.
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This is a --
JUDGE TINLEY: Don't want to mix apples and
oranges?
MS. HARGIS: No, I do not.
JUDGE TINLEY: Okay.
MS. HARGIS: And we do not -- we do not have the
surplus that you had in the jailers last year. Your surplus
is appearing in the deputy salaries. However, hopefully,
we're going to skim by a little bit this year. We're -- it's
going to be tight.
JUDGE TINLEY: Question on Item 17, Road and
Bridge.
MS. HARGIS: Mm-hmm.
JUDGE TINLEY: Felix Fisher Road, because that's
coming out of the -- that first made a note, "Take from
equipment rental balance," because I see where he's wanting
to do that out of the Schreiner Road Trust.
MS. HARGIS: It's an actual Schreiner Road Trust
item, and you didn't budget for that, so I need you to
actually budget for the item so it can be spent out of there.
JUDGE TINLEY: Okay. So, the -- the Fund 71 is the
Schreiner Road Trust?
MS. HARGIS: That is correct.
JUDGE TINLEY: Okay. Okay.
MS. HARGIS: And you have no budget there, but I
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think you did approve of this during -- we just have not
approved the budget to go in.
COMMISSIONER LETZ: I make a motion -- we'll do it
in two motions, keep it a little bit cleaner. I make a
motion that we declare an emergency in Indigent Health Care,
take 40 -- in the amount of $41,371.83, and take that out of
reserve funds for that -- for Indigent Health Care.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded to declare
an emergency on the Indigent Health Care budget item under
Item 24, as presented. 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: I'll make a motion to approve
the balance of the budget amendments as noted.
JUDGE TINLEY: That's 1 through 23?
COMMISSIONER LETZ: Yes, sir.
JUDGE TINLEY: All right. I have a motion.
COMMISSIONER BALDWIN: Second, but I've got a
question.
JUDGE TINLEY: Motion made and seconded. Question
or discussion?
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COMMISSIONER BALDWIN: Item Number 5. How would
you either not have enough money or have too much money?
Or -- maybe I'm not reading this correctly. Secretary
Salary.
MS. HARGIS: There was an overage in that one. I
can't -- since I didn't -- I can't answer that, other than
they had some part-time money.
COMMISSIONER BALDWIN: But you're the County
I Auditor.
MS. HARGIS: I know, but unfortunately, this was
last year when I was just here, and so I don't understand
that myself. But he has a little bit of money left in that
line item; that's all I can tell you. I'll research it for
you.
COMMISSIONER BALDWIN: Well, maybe -- whatever.
Okay.
j JUDGE TINLEY: Any other questions or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Any other
budget amendments?
MS. HARGIS: No.
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JUDGE TINLEY: Any late bills?
MS. HARGIS: No.
JUDGE TINLEY: I've been presented with monthly
reports from --
COMMISSIONER BALDWIN: Judge, going -- I'm sorry.
I was -- I wanted to talk about the cell phone bill just for
a second.
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: I know it's part of
something else. I just let that slip by me.
JUDGE TINLEY: We're back on discussion of payment
of the bills, then.
COMMISSIONER BALDWIN: Correct. And I apologize
for not --
JUDGE TINLEY: Go for it.
COMMISSIONER BALDWIN: On the Maintenance and Ag
I, Barn, the -- cost of the old plan, the $66.43, and the new
plan is 79. That's the only one that is more now than it
used to be. Why is that?
MS. HARGIS: Their minutes. They're using more
minutes than are allocated on the phone.
COMMISSIONER BALDWIN: Okay, go on. Animal
Control, 850 minutes. Used to be 84; now it's 53.
MS. HARGIS: I've asked -- I've asked Tim this
question. He says that they use -- they only use their cell
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phones, because they're out in the field; that they use them
a lot. I don't -- I don't -- again --
COMMISSIONER BALDWIN: I just don't see how one
department can be more nowadays than it used to be, and the
others are not. I just --
JUDGE TINLEY: Well, we've had that same problem
with D.P.S., I think.
COMMISSIONER BALDWIN: I remember.
JUDGE TINLEY: In fact, D.P.S. is showing now more.
The washing out, though, gives us -- has consistently given
us the benefit of $400 to $500 a month savings on what it was
under the previous plan.
MS. HARGIS: I'll be glad to analyze that for you,
or we can ask Tim.
COMMISSIONER BALDWIN: Well, it might be something
for to us visit about some day. Thank you.
JUDGE TINLEY: Okay. We're now on 4.4. I've been
presented monthly reports for Justice of the Peace, Precinct
4; Justice of the Peace, Precinct 2; District Clerk; and
Constable, Precinct 3. Do I hear a motion that these reports
be approved as presented?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded to approve
the indicated reports as presented. Question or discussion
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on the motion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. We'll now go
to the information agenda. Commissioner Oehler? Do you have
something for us on your liaison or committee assignments?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: No, sir.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: A question of Commissioner
Letz. I notice on the City Council agenda, for approval, an
interlocal agreement with Kerr County for the regulation of
subdivisions within the ETJ.
COMMISSIONER LETZ: I suspect that is an item they
put on there to discuss it, 'cause there certainly has been
no communication with staff on the City. I have discussed
this with most of -- the mayor and most of the City Council,
and have told them that -- but I think they probably put it
on -- Councilman Hamilton told me that he has requested from
Mike Hayes a clarification of what the state law is.
COMMISSIONER WILLIAMS: The reason I asked, Jon, is
it's under the consideration portion of the agenda.
9-22-08
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COMMISSIONER LETZ: And I presume they're going to
appoint someone, maybe, to talk with Buster and I, what we've
done.
COMMISSIONER OEHLER: Hopefully they will.
COMMISSIONER WILLIAMS: Well, that would be a good
thing, wouldn't it?
COMMISSIONER OEHLER: Be unusual, but it would be
good.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: What do you got, Jon?
COMMISSIONER LETZ: I don't think anything.
Just -- the airport seems to be going along. I know they've
got a special meeting Wednesday; I'll be at that. Things are
progressing out there.
COMMISSIONER OEHLER: That's enough.
JUDGE TINLEY: Do we have any reports from elected
officials or department heads? Any other business --
MS. HYDE: It's quick. It's quick. I know
everybody -- all the people have left, but I just wanted
to say thank you very much for your consideration and your
thought processes about the employees this year, and their
increases.
JUDGE TINLEY: Any other elected officials? Any
other business? We'll be adjourned.
9-22-08
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(Commissioners Court was adjourned at 12:53 p.m.)
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 26th day of September,
2008.
JANNETT PIEPER, Kerr County Clerk
i
B Y : _ __ __ _
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
9-22-08
ORDER NO. 30998
COURTHOUSE LIGHTING AGREEMENT BEETWEEN KERRVILLE CHRISTMAS
LIGHTING CORPORATION AND KERB COUNTY
Came to be heard this the 22nd day of September, 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 Courthouse Lighting Agreement between Kerrville Christmas Lighting
Corporation and Kerr County.
ORDER NO. 30999
REPLACEMENT OF ELECTION JUDGES AND ALTERNATES
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Move approval of the replacement of Election Judges and Alternates for the term of one
(1) year in accordance with the Texas Election Code Section 32, replacing Precinct 406
Election Judge Jane Trolinger with John Romero.
ORDER NO. 31000
CERTIFICATION OF UNOPPOSED CANDIDATES
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Certification of Unopposed Candidates adding the County Treasurer and
issue an Order that the Unopposed Candidates are elected.
ORDER NO. 31001
COST FOR COPY OF PROPOSED AND FINAL BUDGET FOR FY 2008-09
Came to be heard this the 22nd day of September, 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 setting the cost for a copy of the proposed budget and the cost for a copy of the
final budget for the FY 2008-09 at $25.00 each.
ORDER NO. 31002
SHERIFF AND CONSTABLE FEES
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Sheriff and Constable Fees as presented by the Sheriff.
ORDER NO. 31003
MAINTENANCE DEPARTMENT BIDS FOR ELECTRICAL, PLUMBING, HVAC
AND PEST CONTROL SERVICES
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Accept all bids for Electrical, Plumbing, HVAC and Pest Control Services, and refer
them to the Maintenance Director for recommendation:
Compton's of Kerrville for HVAC
Foss Pest Control for pest control services
Hill Country Pest Control for pest control services
Whelan Plumbing for plumbing services
Kerrville Service Company for HVAC
ORDER NO. 31004
ADOPTION OF 2008 TAX RATE
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Set a meeting for adoption of the 2008 Kerr County Tax Rate for Monday, September 29,
2008 at 9:00 a.m.
ORDER NO. 31005
INTERLOCAL AGREEMENT BETWEEN KERR COUNTY AND KERRVILLE-
KERR COUNTY JOINT AIRPORT BOARD FOR EMPLOYMENT BENEFITS
Came to be heard this the 22nd day of September, 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 the Interlocal Agreement between Kerr County and the Kerrville-Kerr County
Joint Airport Board for employment benefits and related services for Airport personnel.
ORDER NO. 31006
2009 INDIGENT DEFENSE FORMULA GRANT
Came to be heard this the 22nd day of September, 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 the 2009 Indigent Defense Formula Grant.
ORDER NO. 31007
CHANGES TO FY 2008-09 KERB COUNTY BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Increase the Commissioners' Court Contingency Line Item in the amount of $50,000.00
for additional prosecutorial resources.
ORDER NO. 31008
CHANGES TO FY 2008-09 KERR COUNTY BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 3-2-0 (Commissioners Letz and Oehler voted against) (The Chair
voted in the affirmative) to:
Set the Cost of Living Allowance (COLA) at 8.12% for all Elected Officials, Department
Heads and Hourly Employees, and set an additional raise of 4.761% for all Hourly
Employees (not including Department Heads and Elected Officials), to reach a total of
12.881% for all Hourly Employees.
ORDER NO. 31009
CHANGES TO FY 2008-09 KERR COUNTY BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 3-1-0 (Commissioners Baldwin, Williams and Letz voted in the
affirmative) (Commissioner Oehler voted against) to:
Adopt the FY 2008-09 Kerr County Budget as filed and amended this morning.
ORDER NO. 31010
ADOPT BUDGET RAISING MORE REVENUE FROM PROPERTY TAXES THAN
IN PREVIOUS YEARS AND RATIFY TAX INCREASE
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 3-1-0 (Commissioners Baldwin, Williams and Letz voted in the
affirmative) (Commissioner Oehler voted against) to:
Adopt the 2008-09 Kerr County Budget that will require raising more revenue from
property taxes than in the previous year, and ratify the property tax increase reflected in
the Budget.
ORDER NO. 31011
KERB 9-1-1 BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Kerr 9-1-1 Budget as presented by Mr. Amerine.
ORDER NO. 31012
SALARY, EXPENSES AND OTHER ALLOWANCES OF ELECTED KERR
COUNTY OR PRECINCT OFFICERS FOR FY 2008-09
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 3-2-0 (Commissioners Oehler and Letz voted nay, the Chair voted
yea) to:
Adopt, as the Cost of Living Allowance (COLA), 8.12%, in lieu of the 10.381% increase
that was reflected in the public notice and schedule that was provided by notification to
the public, for Elected Officials.
ORDER NO. 31013
POSITION SCHEDULE, STEP AND GRADE SCHEDULE AND GENERAL
PROVISIONS FOR FY 2008-09 KERB COUNTY BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 3-1-0 (Commissioner Oehler voted nay) to:
Adopt the Position Schedule (as modified today dealing with Elected Officials and
Department Heads), Step and Grade Schedule and General Provisions for FY 2008-09.
ORDER NO. 31014
CORRECTIONAL HEALTHCARE MANAGEMENT AGREEMENT FOR INMATE
MEDICAL SERVICES
Came to be heard this the 22nd day of September, 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 Agreement with Correctional Healthcare Management to provide inmate
medical services effective October 1, 2008, and authorize the County Judge to sign same.
ORDER NO. 31015
POSITION SCHEDULE, STEP AND GRADE SCHEDULE AND GENERAL
PROVISIONS FOR FY 2008-09 KERB COUNTY BUDGET
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Eliminate one (1) medical personnel staff member in the Sheriffl s Office as of October 1,
2008, as detailed by Sheriff.
ORDER NO. 31016
ADDITIONAL PAY DUE TO THE KERB COUNTY COURT AT LAW JUDGE FOR
FY 2007-08
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 4-0-0 to:
Authorize paying Judge Brown $15,000, that he is due by State Statute, less the
$13,750.12 offsets, for aone-time payment of $1,249.88, to make salary adjustments as
required by the Legislature.
ORDER NO. 31017
POLICY AND PROCEDURES FOR HILL COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Policy and Procedures for the Hill Country Youth Exhibit Center as
presented for the 4-H.
ORDER NO. 31018
INDIGENT HEALTH CARE FULL-TIME EMPLOYEE
Came to be heard this the 22nd day of September, 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 and appoint Rosa Lavender as the Supervisor of the Indigent Health Care Full-
Time Employee, and amending the Position Schedule to create a 14/1 position, and
amend the budget to provide for funding for that position.
ORDER NO. 31019
INDIGENT HEALTH CARE AND CRIME VICTIMS COORDINATOR OFFICE
SPACE
Came to be heard this the 22nd day of September, 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 building office space for Indigent Health Care and the Crime Victims
Coordinator, in the courthouse basement as presented, with the funds to come from the
Maintenance Department budget.
ORDER NO. 31020
PROMOTION FOR CURRENT SECRETARY TO LEAD SECRETARY IN THE
AGRICULTURAL EXTENSION OFFICE
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Promote the current Secretary to Lead Secretary, and include one (1) step increase (from
a 14/1 to a 14/2) for the Lead Secretary due to a change in job duties and responsibilities.
ORDER NO. 31021
RESCIND COURT ORDER #30988 FOR REVISION OF PLAT FOR THE WOODS,
SECTION TWO
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a vote of 4-0-0 to:
Rescind Court Order #30988 which set a Public Hearing for October 13, 2008, at 10:10
a.m. for Revision of Plat for The Woods, Section Two, Revision of Lots 79, 80, 81, 82 &
83, Vol. 7, Page 369, located in Precinct 2, and to reverse that action and cancel the
Public Hearing until a later date.
ORDER N0.31022
CLAIMS AND ACCOUNTS
Came to be heard this the 22nd day of September, 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 paying the bills as presented.
ORDER NO. 31023
BUDGET AMENDMENTS
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Declare an emergency, for Budget Amendment No. 24, Indigent Health Care and pay
$41,371.83 out of the Reserve Fund for Indigent Health Care.
ORDER NO. 31024
BUDGET AMENDMENTS
Came to be heard this the 22nd day of September, 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 balance of the Budget Amendments as presented (Nos. 1-23).
ORDER NO. 31025
MONTHLY REPORTS
Came to be heard this the 22nd day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Monthly Reports from:
JP #4
JP #2
District Clerk
Constable Pct #3