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KERR COUNTY COMMISSIONERS COURT
Special Session
Monday, September 29, 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
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I N D E X
September 29, 2008
PAGE
1.1 Consider/discuss, adopt Tax Rate of 2008
Lake Ingram Estates Road District tax rate 3
1.2 Consider/discuss, adopt 2008 Kerr County tax
rate; Maintenance and Operation rate, interest
and sinking rate, total tax rate, and Lateral
Roads tax rate 10
1.3 Consider/discuss, approve replacement of
election judges and alternates for term of
one year in accordance with Texas Election
Code, Section 32 2~
4.1 Payment of bills 28
5.1 Reports from Commissioners/Liaison Committee
Assignments 33
5.2 Reports from Elected Officials/Department Heads 34
1.4 Consider/discuss, take appropriate action to
amend Sheriff and Constable fees that were
previously adopted in Court Order #31002 37
--- Adjourned 40
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On Monday, September 29, 2008, at 9:00 a.m., a special
P R O C E E D I N G S
Commissioners Court posted and scheduled for this time and
date, Monday, September 29th, 2008, at 9 a.m. It is that
time now. Because the agenda provides for visitors' input,
at this time I will ask if there's any member of the public
or the audience that wishes to be heard on a matter that is
not listed on the agenda. If so, you may come forward now.
If you wish to be heard on matters that are specified on the
agenda, we ask that you fill out a participation form at the
back of the room. While that's not necessary, if you'll get
my attention when that item comes up, I'll see that you're
given the opportunity to speak. But right now, if there's
any member of the public wishing to be heard on any matter
that is not a listed agenda item, please step forward.
(No response.)
JUDGE TINLEY: Seeing no one coming forward, we
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District tax rate. Ms. Bolin?
MS. BOLIN: Okay. I conferred with Ms. Hargis on
this. They are not a regular road district that we can
charge 15 cents to. We did a bond on it several years ago,
so we adjust the tax rate every year. This year we're
proposing .3926, which is down from .5300. They apparently
owed us some money, so that's why the difference in the tax
rate, and this will cover what we need to pay out this year
on the bond.
COMMISSIONER BALDWIN: What do you mean, they "owed
us some money"?
MS. BOLIN: That's what Tommy explained or told --
oh, good. Thank you.
MR. EMERSON: I can explain all that.
COMMISSIONER BALDWIN: Thank you.
MR. EMERSON: Because I had to write an opinion on
it about two years ago. There were a couple property owners
who were not paying their taxes, the road district taxes, and
the rate went up to cover the difference of them not paying.
And it looks to me like -- I strongly suspect maybe they've
come into compliance.
MS. BOLIN: Mm-hmm.
COMMISSIONER OEHLER: Okay.
COMMISSIONER BALDWIN: And we have the authority to
just move that thing anywhere we want to --
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MS. BOLIN: Yes, this one.
COMMISSIONER BALDWIN: -- to cover our tails?
(Ms. Bolin nodded.)
COMMISSIONER OEHLER: What's the rate?
MS. BOLIN: 3926.
COMMISSIONER BALDWIN: From 5300?
MS. BOLIN: Yes.
COMMISSIONER OEHLER: I move that we establish a
tax rate for Lake Ingram Estates Road District at .3926 --
COMMISSIONER BALDWIN: Second.
COMMISSIONER OEHLER: -- for year '08.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: I have a motion and a second as
indicated to establish the Lake Ingram Estates Road District
for 2008 tax rate at .3926. Any question or discussion on
the 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. We'll move
to the next item on the agenda. Consider, discuss, and adopt
2008 Kerr County tax rate; the maintenance and operation
rate, interest and sinking fund rate, total tax rate, and
lateral road tax rate. Ms. Bolin?
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COMMISSIONER LETZ: Does it have to be a record
vote, the last one?
MS. BOLIN: The last -- no.
COMMISSIONER LETZ: It doesn't, okay.
COMMISSIONER WILLIAMS: All the rest of them do,
'~, don't they?
MS. BOLIN: Yes. We need to adopt all the tax
rates for Kerr County, and when I say "all," I mean
maintenance and operation, interest and sinking, the one just
for the county, and the one just for Road and Bridge -- or
lateral roads, and then the combined rate. The first one
that we need to do is maintenance and operation of .3592.
JUDGE TINLEY: And there is some specific language
that needs to be included in each of these motions that
you're speaking of, is there not? Because of the increase
above the effective tax rate?
MS. BOLIN: Yes, sir. And I believe on the form
that I gave you, Commissioner Williams, A is the only one
that we need to use, because the other part went into the --
COMMISSIONER WILLIAMS: How about the B portion
that talks about the amount that is increased on a $100,000
home?
MS. BOLIN: That's a part of the publication that I
did, and I don't have anything showing that we have to do
that.
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COMMISSIONER WILLIAMS: That's --
COMMISSIONER LETZ: Wouldn't hurt.
COMMISSIONER WILLIAMS: Wouldn't hurt. So, do we
have the number?
MS. BOLIN: No, I don't.
JUDGE TINLEY: Ms. Grinstead, would you go pull the
proposed 2008 budget, '08-'09 budget? I believe all that
information is on the cover sheet of that budget.
(Discussion off the record.)
MS. HARGIS: I think you need the publication
itself that you put in the paper.
JUDGE TINLEY: Okay.
MS. HARGIS: Do you have a copy of that?
MS. GRINSTEAD: I don't think I do.
MS. BOLIN: I do. I just don't have it here.
JUDGE TINLEY: Let's get that on its way down here.
COMMISSIONER WILLIAMS: Don't you read it that way
Judge, A and B together? Don't you have to have that?
JUDGE TINLEY: "And," yeah.
COMMISSIONER WILLIAMS: Yeah, "and."
JUDGE TINLEY: Maintenance and operations rate.
And -- yeah, I read it that it does. Sure do. It's got an
"and."
MS. BOLIN: Yes.
COMMISSIONER WILLIAMS: And not an "or."
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MS. BOLIN: I'm very sorry, gentlemen.
COMMISSIONER BALDWIN: Don't be calling us
gentlemen. (Laughter.)
i
MS. BOLIN: Well, I consider all of you gentlemen,
so --
COMMISSIONER WILLIAMS: Well that's neat. That's a
nice way to start the morning.
MS. BOLIN: And off the subject, I want to thank
you all for doing this for the employees.
(Low-voice discussion off the record.)
JUDGE TINLEY: This shows for a $100,000 home, the
publication talks about the average, and so these taxes are
based upon a $162,828 home.
COMMISSIONER WILLIAMS: Take the rate times --
JUDGE TINLEY: Yeah, I'll figure that out. I will
figure that out.
(Low-voice discussion off the record.)
COMMISSIONER OEHLER: Not quite $80.
COMMISSIONER WILLIAMS: Yeah -- no, 40. On
100,000.
COMMISSIONER LETZ: $100,000.
COMMISSIONER OEHLER: Yeah, that's right. I was
thinking over 200,000 for some unknown reason.
COMMISSIONER WILLIAMS: 'Cause that's what the
average is in --
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COMMISSIONER OEHLER: Yeah.
COMMISSIONER WILLIAMS: -- Kerr County.
JUDGE TINLEY: Maintenance --
MS. BOLIN: Okay. The difference would be $94.60.
JUDGE TINLEY: That's on a $100,000 home?
MS. BOLIN: Yes, sir.
JUDGE TINLEY: 94.60?
MS. BOLIN: Yes.
COMMISSIONER WILLIAMS: How could that be?
MS. BOLIN: It's on a 162,000 --
JUDGE TINLEY: No.
COMMISSIONER WILLIAMS: No.
JUDGE TINLEY: The statute says a $100,000 home.
MS. BOLIN: Okay. I need a calculator.
JUDGE TINLEY: I've got one here, and that's what
I'm doing.
MS. BOLIN: Okay.
(Low-voice discussion off the record.)
JUDGE TINLEY: What was the M & O rate last year?
MS. BOLIN: 3592.
JUDGE TINLEY: For last year.
MS. BOLIN: Point --
JUDGE TINLEY: That's what we calculated off the
I M & 0 rate.
25 ~ MS. BOLIN: 3592 is this year?
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JUDGE TINLEY: Uh-huh.
MS. BOLIN: Hang on. I have .3592 for last year.
(Discussion off the record.)
COMMISSIONER OEHLER: On M & 0.
JUDGE TINLEY: On M & 0.
MS. BOLIN: No, I'm sorry. I don't know what the
split is, because I --
MS. HARGIS: I've got it. Hang on.
MS. BOLIN: You want to try this at 10:00?
COMMISSIONER WILLIAMS: Pardon?
MS. BOLIN: That was supposed to be a joke, sir.
JUDGE TINLEY: Why don't we be in recess for about
15 minutes.
MS. BOLIN: There we go.
(Recess taken from 9:17 a.m. to 9:35 a.m.)
JUDGE TINLEY: Okay, let's come back to order, if
we might. We were in recess. The item under consideration
is Item 2; consider, discuss, and adopt 2008 Kerr County tax
rate, being maintenance and operation rate, interest and
sinking rate, lateral road tax rate, and the total tax rate.
COMMISSIONER WILLIAMS: You ready?
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: Judge, I move that we adopt
the Maintenance/Operations tax rate of .3592 for the tax --
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2008 tax year.
JUDGE TINLEY: We have a motion as to the M & 0 tax
rate. Do I have a second on that motion?
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: We have a motion and a second.
Question or discussion on that motion?
COMMISSIONER BALDWIN: Where is it coming from? Is
that the 3154?
JUDGE TINLEY: 3154 was last year's M & 0 tax rate.
COMMISSIONER BALDWIN: Okay. That's what I mean.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Any further question or discussion
on that motion? All in favor -- this will be a record vote.
We'll start with Commissioners in order. Commissioner
Baldwin?
COMMISSIONER BALDWIN: Aye.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Aye.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Aye.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: Chair votes aye. Motion does carry.
COMMISSIONER WILLIAMS: Judge, I'll offer a motion
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to adopt the interest and sinking debt rate of .0379 for the
2008 tax year.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to adopt
for the 2008 tax rate -- tax year rate, interest and sinking
debt rate of .0379. Question or discussion on that motion?
COMMISSIONER BALDWIN: Where is it coming from?
JUDGE TINLEY: 0438.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: That's going down a little
bit.
COMMISSIONER BALDWIN: It's sinking. It's a
sinking fund; it's supposed to.
COMMISSIONER WILLIAMS: That's what it's supposed
to do, sink.
JUDGE TINLEY: Further question or discussion? We
will take a record vote on that motion. Commissioner
Baldwin?
COMMISSIONER BALDWIN: Aye.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Aye.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Aye.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Aye.
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JUDGE TINLEY: Chair votes in the affirmative.
Motion does carry.
COMMISSIONER WILLIAMS: Judge, I'll offer a motion
to adopt the lateral road tax rate of .0322 for the 2008 tax
year.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: We have a motion and a second.
Question or discussion on that motion?
COMMISSIONER BALDWIN: Where is it coming from?
JUDGE TINLEY: 0304.
COMMISSIONER WILLIAMS: 0304?
JUDGE TINLEY: Right.
COMMISSIONER WILLIAMS: Okay.
JUDGE TINLEY: Further question or discussion?
Again, a record vote. Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Aye.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Aye.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Aye.
JUDGE TINLEY: Chair votes in the affirmative. The
motion does carry.
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COMMISSIONER WILLIAMS: Okay. Judge, I offer a
motion to adopt the combined tax rate for Kerr County of
.4293. I move that these taxes be increased by the adoption
of the tax rate that I just said, .4293. This will be
applied to the total taxable value, and it will impose an
amount of taxes to fund maintenance and operation
expenditures of the taxing unit that exceeds the amount of
taxes imposed for that purpose in the preceding year,
including the resolution this tax rate will raise more taxes
for maintenance and operations than last year's tax rate, and
exceeds the effective maintenance and operations rate. The
tax rate will raise taxes for maintenance and operations on a
$100,000 home by approximately $43.80.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and a second.
Question or discussion on that motion?
COMMISSIONER BALDWIN: Judge, I do have a couple of
comments. First of all, where is the number coming from?
JUDGE TINLEY: 3896.
COMMISSIONER BALDWIN: 3896 to 4293, and that
generates -- I mean, that's $43.80 more on --
COMMISSIONER WILLIAMS: A $100,000 home.
COMMISSIONER BALDWIN: -- $100,000.
COMMISSIONER WILLIAMS: Taxable value.
JUDGE TINLEY: On maintenance and operation portion
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That's figured only on the --
JUDGE TINLEY: -- M & 0 tax rate.
COMMISSIONER BALDWIN: All right. The comment I
wanted to make on that is, all the things that we've recently
done, the raising this tax rate, the raising taxes and giving
salary increases to the worker bees, and salary increases --
being too much all at one time, and I want you to know that I
agree with him 100 percent. He's exactly right. However,
the experts in our system tell us that our employees needed a
raise, and we give -- we give that to them. Plus, our -- our
adviser, Mr. Henderson, suggests that we do things in this
way for future purposes. So, you know, I take the advice of
the experts, and whether I agree or disagree that we're doing
the right thing or the wrong thing, I go along with it. And
we've -- here's the point, though. We've done it and it's
over, in my opinion. Now, next year, or the few remaining
years that I have left on this Court, we will not do that
again, in my opinion. You will not get a vote out of me to
raise taxes, to raise salaries or anything related to that.
You're going to have a hard time getting new pencils out of
me from this point on.
Hold on, I've got a thought. Just give me a minute
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here. It's actually related to this issue. You know, the --
this theory that we talk about of -- or this reason that we
talked about, we have to give people raises because of the
competition in the marketplace and those kinds of things, you
know, if we have to -- Fort Smith, Arkansas' Maintenance
Department is giving their people a raise, so we've got to
give ours a raise. Well, I never have believed that. I
never have understood that, and I never have agreed with
that, and I never -- probably never will. I -- I feel like,
you know, we're -- we're here to empower our people to --
that make our employees, to give them the opportunity to be
all that they can be. If someone -- if an employee chooses
to leave Rusty's department and go to the City of Kerrville
Police Department, God bless them. Go. Have a good life.
Better yourself. So, what I'm saying is -- is I don't think
that we should hang our hats so much on this competition in
the marketplace issue. If people want to go and better
themselves, they need to go and better themselves, and we'll
pray for them as they go. That's about it, Judge. I just --
you know, I -- with a smile and a happy heart, I voted for
these things this year, but I will not from this point on.
JUDGE TINLEY: Okay. Further question or
discussion?
COMMISSIONER OEHLER: I'd just like to -- I'd like
to say a little bit, and I do -- and I have, you know, been
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opposed to the increases in elected officials' and department
good living or have a decent living and a decent wage. I
also believe that next year, the increases will be very
limited, and I don't think -- don't believe that we can
approve another deal like this. It was too costly this year,
and two years in a row is way too much, especially any level
close to 12.881 percent for hourly people, in my opinion.
We also -- and I -- you know, I do know that the
because of lost revenue. And the big loss of revenue, of
course, is tied to the 65 and over tax freeze, which is the
way it is, and we have to live with it. But, at the same
time, we	have to fund it to even --	to just stay even	with
what our	budgetary requirements are	each year. And I	believe
next year, we're going to have another increase of probably
anywhere from three-quarters to one cent, just to cover the
loss of revenue that we'll incur next year, and that's going
to happen for several more years before it comes to a point
where it levels off. Once it levels off, maybe things will
settle down a little bit, but there's no way that I believe
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that this county is going to be able to make massive cuts in
dollars without cutting a huge amount of service. It's just
not going to happen. Costs continue to go up, and that's
just the way it is.
And I believe that -- and I want to say, too, that
I believe that we have probably the very best staff that Kerr
County has ever had, from top to bottom. I believe that the
employees are doing a fine job. They're doing it with a
smile in most cases, and the change that I've seen after kind
of being gone for eight years is -- has been really good, and
I want to compliment our employees and our staff for doing
what they do. But, at the same time, we do have to watch the
dollars. We're the ones that actually have the final say
over it. And it's real easy for some elected officials to be
a little harsh, maybe, on us, but they're not the ones making
those decisions. Once they get a pay -- pay increase
approved by us, well, they don't -- nobody says anything to
them. We're the only ones they talk to and the only ones
that are talked about, because we're the ultimate authority
and the ones that approve those things. So, anyway, I -- I
feel like that this has been a -- been a mixed year. And I
have no hard feelings toward anybody on this court, and I
hope they don't have any hard feelings toward me. We have a
difference of opinion about levels of increases that I felt
like should have been given, and I was outvoted. So what?
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Move on down the road. Anyway, I'm through.
COMMISSIONER WILLIAMS: Much of what you say,
Commissioner, I agree with. And the reality is, I think in
the terminology of our current society, Kerr County and our
affairs as a government agency got caught up in what I guess
people would call a perfect storm, and I think the tax freeze
had a measured effect on what we do. It's not easy to take
$780,000 or $800,000 out of your revenue stream and continue
to maintain the same tax rate. It's next to impossible. And
combined to make it a very, very difficult year. I agree
with you 100 percent.
With respect to our employees, we have a good
group, and that's one of the reasons why I believe it was
important to help our employees along. We have a good group
of people. I think it's important that we maintain the level
of service that we do for the citizens of Kerr County, and
the -- the cost is exorbitant to replace a good employee who
goes someplace else for whatever the reasons be. And as
Commissioner Baldwin says, if they go, God bless them, they
go. But that leaves Kerr County with a vacuum, and the cost
to fill that vacuum is a very difficult thing to do. So, I
think probably you're correct in your assumption that we will
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not be facing this type of thing again, but the reality is,
we may face an additional tax increase in the future because
of continued costs and the continued erosion of -- of our
taxable income.
When you think about it in retrospect, if we had
been strong enough of our mind and our convictions when the
tax freeze was imposed on us three years ago, when we were
told, oh, that there would be a very modest effect on Kerr
County, something like $150,000, if we'd been strong in our
convictions about what the reality of that had been or would
be, we would have imposed about a 7 and a half then to keep
ourselves even, and then this year it wouldn't have been
nearly so severe. But we don't yet know; we haven't got our
arms around this totally in terms of what -- what the amount
is. The number of properties who are frozen continues to
rise. What we don't know is what the attrition rate is of
those going back into the -- in the market for increased
valuation, and those coming onto that tax freeze. We don't
know that yet. So, I think it's safe to say that before we
get our arms around this beast totally, it's going to come
close to a million dollars. That said, I will vote for it.
COMMISSIONER OEHLER: Well, and there's one way
that we can slow this down. If the people that have that
exemption -- the tax exemption at 65, they can refuse to
apply for -- or to that exemption. They don't have to go
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COMMISSIONER LETZ: But that's --
COMMISSIONER OEHLER: That's probably not going to
putting this tax on. I mean, we have resources that a lot of
them don't have, and why should we not pay our fair share?"
And that's the other side. That could happen, but more than
COMMISSIONER LETZ: Just a couple comments. I
generally agree with what was said previously, and I think I
told some of you already that yesterday evening I had the
pleasure of having dinner with a large group of my
constituents in the Cypress Creek area, probably about the
most conservative precinct, I'd say, 303. I spoke to the
whole group and went over what we talked about today. One
thing that I think hasn't been said is the reason we got into
this situation was the Juvenile Detention Facility, which
caused our withdrawals to take -- or reserves to take a huge
hit four years ago, three years ago, and our reserves have
been dangerously low ever since, and we're fixing that
problem as well. So, there -- you know, that reserve issue,
the tax freeze, employees' salaries, attrition, when I put
that case up before that group, I didn't have one person
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really complain, and it was a pretty tough group to sell that
to. They agreed -- I think during our hearings, we put the
case out before the people. There -- I didn't hear a whole
lot of, you know, people that understood why we were doing
it, but most of them tend to agree. Some of them didn't want
it; they didn't want us to hurt business or hurt people that
can't afford it, obviously, but they also understood the
reason behind it.
I think we had a -- a very good budget cycle. I
think we had a lot of good discussions throughout the time.
Commissioner Oehler and I -- he was over there, and I was a
little bit, most of the time, trying to -- kind of voting
with him, and not voting with him sometimes. I think both of
us got outvoted, it seemed, but that's okay. I think the --
the Commissioners' salaries is always an issue. People
always complain about us giving ourselves a raise, but I
think you just can't go down that road, because, you know, we
have costs like everybody else does, and I think we should be
treated as a group like other elected officials. I mean, the
raise may be a little bit too high there, but it wasn't way,
way out of line. I think that, historically, if you look at
how this Court has looked at elected officials, we have been
pretty conservative with their salaries. They have increased
over time, but everything else has increased.
COMMISSIONER BALDWIN: Jon, one more comment that I
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want to make. You said they didn't like it, but they
understood what it was about. And I think that is the
same -- I know Bruce, and so do I; I think everybody here, we
don't like doing it. I mean, this wasn't a joyful thing to
raise people's taxes.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: And, yes, it caused some
pain for some people. But it was the right thing to do at
the right time, and we did it. And -- anyway, it's over.
JUDGE TINLEY: Commissioner, your comment about
being the right thing to do, I think that sums it all up. I
too have --
COMMISSIONER BALDWIN: Are you giving me credit?
JUDGE TINLEY: Well, sure, I'll give you credit --
COMMISSIONER BALDWIN: Okay, thank you.
JUDGE TINLEY: -- for that. Anybody that does the
right thing deserves credit for doing the right thing. But
that's what everybody should do. When, on the first day, the
first hour, our elected officials and department heads stood
before us shoulder to shoulder and said, "This is what we
must have for our employees," and explained the why,
explained their commitment to help us get there by doing
their part and trimming their own budgets, it was evident to
me from the outset that we were probably going to have a
significant tax increase this year, and I began talking to
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that have payrolls, that some -- that bear this tax burden,
and when you explain to them the why, I didn't find a single
one of them that didn't understand, because they've been
adjust their pricing for their goods and services at any
point in time to adjust for these cost factors or additional
transportation requirements, all these things that drive up
do that here, so we've got to project, and of necessity, we
work after the fact. And as I've said, we sometimes do so
only after a crisis strikes.
You can look at what's happening nationally now,
that's government reacting to a crisis. That's
all that's going on up there. There were a number of things
that probably could have been done and should have been done
to prevent that from happening. The bottom line was, nobody
did, and it did happen. Now we got to live with how to --
how to do the result. But, you know, our employees are our
most valuable assets, and the -- it's easy to be penny-wise
and pound-foolish and say, "Well, if they don't want to work
here, they can leave." A lot of them, I'm convinced, did not
want to leave, but left because of necessity, and that put us
in a position of having to fill positions. And you've got
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the administrative setup cost; you've got the training cost
to get an employee up to the level of skill that the parting
employee had. That can be quite expensive. We don't operate
like the private sector does, and so there's a lot of
different applications that they may have to learn here that
they don't pick up out in the private sector, so the training
opportunities out there don't necessarily spill over into
our -- our sector.
We will continue to have erosion of our tax base
because of the over-65 issue. Retirees will continue to come
to this area. They're doing so every day, and we don't need
to try and attract those people. But there is a solution.
The solution is to distribute the tax base on a more
equitable basis, and you only do that through economic
development. And economic development, as some of you may
know, is near and dear to my heart. And I think we are
moving in a direction to be effective in readjusting that tax
base by virtue of encouraging and incentivizing economic
development in this community and Kerr County, but it's going
to take a while. Best case scenario, to bring this entire
tax base back into an equitable basis, you're probably
looking at 15 to 20 years. Best case. We've got a long way
to go, but we're not going to get there if we don't start.
And I think the efforts that we've made in economic
development policies and initiatives that we put in place
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over the last two, two and a half years, is going to serve us
'', well in the future. Time will tell, but that's the only way
you're going to get there. We've got to get economic
development in order to get this tax base equalized to offset
both the overburden of our residential taxpayer, which is
exacerbated by that over-65 tax freeze. So, I would -- I
would encourage the Court and the citizens of this community
to be proactive in -- in economic development initiatives,
and I think that's the only way we're going to really get
there, but it's going to be tough, and it's going to take a
while. Further question or comments on the motion? All in
favor of the motion -- let's go by record vote.
Commissioner 1?
COMMISSIONER BALDWIN: Aye.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Aye.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: Aye.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: Chair votes in the affirmative. The
motion does carry.
MS. BOLIN: Thank you, gentlemen. And I apologize
for my lack of knowing what to bring. I made notes, so it
won't happen next year.
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JUDGE TINLEY: Okay. Let's go to Item 3 on the
agenda, if we might. Consider, discuss, and approve the
replacement of election judges and alternates for a term of
one year in accordance with the Texas Election Code, Section
32. Do you want me to read that in Spanish?
MS. ALFORD: Sure.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: Can you read it to us in
Spanish?
MS. ALFORD: No, sir.
JUDGE TINLEY: Oh. Well, then I won't.
COMMISSIONER WILLIAMS: Judge, I would move that
for Precinct 211, that Jane Carbone replace Dee Speaker as
the election judge for Precinct 211.
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.
Ms. Grinstead, the action for this afternoon is an amendment;
it's not a new posting. Is that correct?
MS. GRINSTEAD: Well, it's an amendment, but we did
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an addendum, but it was timed for 3:15.
JUDGE TINLEY: It's an addendum, okay. Okay.
COMMISSIONER OEHLER: That's at 3:30?
JUDGE TINLEY: 3:15, I believe.
COMMISSIONER WILLIAMS: I'll be here. I'll be here
if --
COMMISSIONER LETZ: I probably will not be here.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: I'll be here; I'll take care
of you.
COMMISSIONER LETZ: Okay, thank you.
JUDGE TINLEY: We do have some bills, so let's go
to Section 4 of the agenda, payment of the bills. I assume
the Auditor wanted to get this done, or we wouldn't have got
this big old stack of bills. These are --
MS. HARGIS: We're trying to get --
JUDGE TINLEY: -- year-end?
MS. HARGIS: Yes. We're trying to get as many of
the year-end so we know what our budget amendments need to be
so we can balance this out. Is there any questions?
COMMISSIONER BALDWIN: Yeah. I remember the day,
and so does Bruce, and I'm -- Letz too, growing up here,
where you could drive through Kerrville and you knew
absolutely everybody. I mean, you'd meet people; you knew
them, visited with them. And it just blows me away to see --
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I'll give you an example. On Commissioners Court, law
offices of Charles somebody.
JUDGE TINLEY: Frigerio.
COMMISSIONER BALDWIN: And the -- you go through
here and you see these attorneys in particular, and you never
heard of them, or I haven't. Who -- who are these people?
COMMISSIONER OEHLER: Count your blessings.
COMMISSIONER BALDWIN: Are they -- are you telling
me they moved to Kerrville on purpose?
COMMISSIONER WILLIAMS: They replaced all the ones
you thought you knew.
COMMISSIONER BALDWIN: Well, maybe. It's just --
SHERIFF HIERHOLZER: If it'll make you feel better,
Buster, a lot of them actually live in San Antonio, the
attorneys, and come up here --
COMMISSIONER WILLIAMS: That's wonderful.
COMMISSIONER OEHLER: That's even better; we're
subsidizing San Antonio lawyers.
SHERIFF HIERHOLZER: That's right.
COMMISSIONER WILLIAMS: Keep San Antonio green,
right?
COMMISSIONER OEHLER: Well, we don't have enough in
Kerr County; we have to get them out of San Antonio.
JUDGE TINLEY: Commissioner, a lot of my
contemporaries are no longer practicing, for a variety of
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reasons. Some of them ain't even around any more to be
anywhere, and some of them have moved on somewhere or have
retired, but there's a new bunch.
COMMISSIONER LETZ: Probably the bunch before you.
COMMISSIONER WILLIAMS: And their names are right
I here .
COMMISSIONER BALDWIN: Blows me away.
JUDGE TINLEY: Ms. Hargis?
COMMISSIONER BALDWIN: But I'm happy.
JUDGE TINLEY: Under County Court, Laverne Lusk, is
that payment to an out-of-county on a diversion patient?
Court costs?
MS. HARGIS: Judge, I'm sorry, I don't -- I don't
remember that one.
JUDGE TINLEY: I'll bet she's going to be the
County Clerk in Howard County or something.
MS. HARGIS: I believe that is where that C.P. --
what do you call that? C.S.P. or whatever, I mean, that the
Judge has to pay. I believe she's the attorney for those
cases, the children.
SHERIFF HIERHOLZER: C.P.S. cases.
MS. HARGIS: C.P.S. cases.
JUDGE TINLEY: That wouldn't be charged to County
Court; be charged to County Court at Law or District Court.
MS. HARGIS: Okay, I'll have to look that one up.
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JUDGE TINLEY: I bet that's going to be some court
costs for a mental health case that went to Howard County,
Travis County, or San Antonio on diversion.
MS. HARGIS: I'll look it up.
SHERIFF HIERHOLZER: That may be. We have sent
some to Howard County, I think even lately. We had to
transport them up there.
JUDGE TINLEY: Okay. That's the only question I
have. Do I have a motion to approve the bills?
COMMISSIONER LETZ: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the bills. Question or discussion? All in
favor, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
MS. HARGIS: Judge can I -- just one moment. We --
the format that you see in front of you, as you recall, is a
new format. We did get a cost for redoing this format for
y'all, but I think it's exorbitant. They want $2,500 plus
$625 a year for maintenance. I think that's a lot to add one
column to this report, unless y'all see a need for it.
COMMISSIONER LETZ: Fine the way it is.
JUDGE TINLEY: One column to indicate -- what was
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it that one column was going to indicate?
MS. HARGIS: Whether they were in or out of budget.
COMMISSIONER LETZ: They won't be able to go .out of
budget any more, will they?
MS. HARGIS: No, they won't.
COMMISSIONER LETZ: So it shouldn't be a problem.
JUDGE TINLEY: Anybody see a problem with that?
Anybody want to pay the 2,500 plus --
COMMISSIONER BALDWIN: No, I don't.
JUDGE TINLEY: -- six and a half a year?
COMMISSIONER LETZ: No.
JUDGE TINLEY: Okay.
MS. HARGIS: And if I could, I`d like to do one
other thing. I would like to thank Eva Hyde and Rusty
Hier... Rusty, the Sheriff, for standing -- I can't pronounce
his name right, so I'll butcher it -- for being the ones who
were instrumental in getting the raises for the employees,
and all the hard work that they did. Because they did a lot
of work getting the elected officials together, getting
everybody to cut their budgets, so I think we as employees
need to thank them for all the work that they did.
JUDGE TINLEY: Okay. Do we have any budget
amendments?
MS. HARGIS: No, sir, we didn't get them ready.
JUDGE TINLEY: Late bills?
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MS. HARGIS: No.
JUDGE TINLEY: No reports?
THE CLERK: No, sir.
JUDGE TINLEY: Any reports from Commissioners?
I Baldwin?
COMMISSIONER BALDWIN: Aye. (Laughter.) No, thank
you.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: No, sir.
COMMISSIONER LETZ: No.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Only report I'm going to make
is that we're trying once again this year -- in fact, they're
doing it right now at Ingram Lake. Leonard went and rented a
pump, and we got a couple divers down trying to uncover the
infamous ball so that we can put a new chain onto the little
booger and see if we can get it out of there. We're not
going to drain the lake just yet; we're going to find the
ball first, and we will work on that in the next weeks, or
maybe -- no more than a month, so we give adequate notice to
everybody that needs to be notified.
COMMISSIONER WILLIAMS: I think they'll have enough
experience at Ingram Lake so they'll know what to do with
Flat Rock.
25 ~ COMMISSIONER OEHLER: By the time I get out there
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in a few minutes, I will know whether it's working or not.
JUDGE TINLEY: I had a constituent over the weekend
inquire about, "Well, isn't that going to happen in the next
couple weeks?" I said, "I don't know."
COMMISSIONER OEHLER: Well, that's why I'm
reporting it now.
JUDGE TINLEY: Good. Appreciate it. I had no idea
that you had that one in the mix.
COMMISSIONER OEHLER: Well --
JUDGE TINLEY: That's something that's been laying
around now for what, a year and a half?
COMMISSIONER OEHLER: Well, no, it's only been
about nine months since the last time we tried pulling this
thing.
COMMISSIONER WILLIAMS: Yeah, the beginning of this
year.
COMMISSIONER OEHLER: This year. It's not quite as
cold outside as when we were trying to do it last year with a
huge flow in the river. This year the flow is down, so I
don't know. We'll see.
JUDGE TINLEY: Good point. Any other reports?
We'll be in recess -- wait a minute. Hold it.
MR. EMERSON: One quick one. I have hired a new
attorney to start October 15th, a gentleman named Chris
Eaton. He's out of SMU's law school, practiced in Smith
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County for about eight months with the D.A.'s office over
there. His wife graduated from physical therapy school.
They've relocated, so hopefully that will be a productive
addition to the staff. And --
JUDGE TINLEY: She's going to be a physical
therapist here?
MR. EMERSON: No, actually in San Antonio. One of
the -- as he explained it to me, one of the physical therapy
companies picked up a significant portion of her tuition
fees, under contract, with a -- when she graduated, she would
go work for them for "X" amount of time.
JUDGE TINLEY: Okay.
MR. EMERSON: So --
JUDGE TINLEY: That's extending to the physical --
to that group of the medical profession, then.
MR. EMERSON: Correct.
JUDGE TINLEY: Okay.
MR. EMERSON: So, that's working out well for them,
and he's supposed to join us on the 15th. You were talking
about mental health earlier. I've been working with
Jannett's office. Maverick County owes us $5,500, $6,000,
somewhere around there. They passed it down to me. I'm
going to send off -- fire off a letter, see if we can't get
our money. Bexar County was in the same boat and decided
last week they would pay, so that money's forthcoming.
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JUDGE TINLEY: On the Bexar County issue -- we're
not getting any patients, or haven't for some time, out of
Maverick. In the Bexar County case, occasionally a patient
will go down there on diversion, and the simple way to do
that would just be to offset it against what we had due when
they bill us for our court costs down there in -- in future
cases. But I'd like to get it back on a pay-as-you-go basis,
which is where you're going, and I appreciate that. Anything
else?
SHERIFF HIERHOLZER: After the -- well, I got time.
Buster can attest to this, too. Friday -- Thursday? -- we
had court, district court. And one thing about it, they did
take care of about 30 inmates that were in jail. It was a
good side, either sentencing them to jail time or T.D.C. time
or something; at least took care of them. Bad part is, we're
one inmate higher in population today than we were Friday
night.
COMMISSIONER OEHLER: Every time the Grand Jury
meets, that happens, doesn't it?
MS. HARGIS: Just didn't help us greatly on that,
but I think it will in the -- in the long run. But it was
kind of chaotic up there in court. Everybody --
COMMISSIONER BALDWIN: I've never seen anything
like that.
SHERIFF HIERHOLZER: They moved them through.
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JUDGE TINLEY: It always is.
COMMISSIONER BALDWIN: It was a circus up there.
~ My lord.
JUDGE TINLEY: There are lawyers involved, Buster.
What do you expect?
COMMISSIONER BALDWIN: There were lawyers involved,
coveys of them. Herding to and fro. Oh, it was horrible.
SHERIFF HIERHOLZER: And the last thing is, for at
least the 100 employees in my department, I do want to thank
this Court for -- for thinking about them this year. I think
the raises help them, and it was drastically needed. And as
a taxpayer, I -- you know, we all have to pay it too. But I
do appreciate what the Court did for the employees.
JUDGE TINLEY: Any other reports? We'll be in
recess until 3:15 this afternoon.
(Recess taken from 10:11 a.m. to 3:43 p.m.)
(Commissioner Letz not present.)
JUDGE TINLEY: Okay, let's come back to order for a
Commissioners Court meeting that we were in recess from this
morning, September 29th, 2008. It is now 3:43, which is a
bit after 3:15 that we were scheduled to come back, but were
delayed. The item on the agenda is consider, discuss, and
take appropriate action to amend sheriff and constable fees
that were previously adopted in Court Order Number 31002,
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that court order relating to sheriff and constable fees for
October 1, '08, through September 30, '09, I believe. It was
brought to my attention that the -- under the heading of
Notices, the last item there, Forcible Detainer, rather than
be $200, it should be $65, since that's just a normal service
fee. And Processing Arrest Warrant under Other Service Fees,
which is shown as 65, --
SHERIFF HIERHOLZER: Should be 50.
JUDGE TINLEY: -- is established by statute at 50.
COMMISSIONER WILLIAMS: Which one are you looking
at, Judge?
JUDGE TINLEY: The third one -- second one down
under Other Service Fees.
COMMISSIONER WILLIAMS: I see it.
JUDGE TINLEY: The third category.
COMMISSIONER WILLIAMS: Fifty?
JUDGE TINLEY: Should be $50. But other than that,
all the rest of them are okay, Sheriff?
SHERIFF HIERHOLZER: Yes. What do you still --
those were the only two I've been told. But on writ of
possession, what are we still showing, the 200?
JUDGE TINLEY: Yeah. Writ of possessions are where
the Sheriff -- the deputy has to go out and move somebody
out.
SHERIFF HIERHOLZER: Right.
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JUDGE TINLEY: That's the reason for the high
number on that fee.
COMMISSIONER WILLIAMS: Plus 50 bucks an hour.
SHERIFF HIERHOLZER: Right.
JUDGE TINLEY: Yeah. It was $200 last year. This
year, the change was to add the $50 an hour after the first
hour, because if you got to be refereeing a move, it's not a
good thing.
SHERIFF HIERHOLZER: Right. And the warrant fee,
that was my mistake, 'cause for some reason, Legislature
decided a long time ago not to let us get any more than 50.
I don't know, but all the rest of them can go up.
COMMISSIONER BALDWIN: Judge, I move that we change
those two items as per your instructions.
JUDGE TINLEY: How about "suggestions"?
COMMISSIONER BALDWIN: I don't know if I can go
that far.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Yeah, suggestions.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to -- to
amend the prior court order, 31002, to make the two changes
as indicated. Further question or discussion on the motion?
All in favor of the motion, signify by raising your right
hand.
9-29-08
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Further
business, gentlemen?
COMMISSIONER BALDWIN: Nay.
JUDGE TINLEY: We'll be adjourned.
(Commissioners Court adjourned at 3:46 p.m.)
STATE OF TEXAS I
COUNTY OF KERR I
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 29th day of September,
2008.
JANNETT PIEPER, Kerr County Clerk
B Y . __ G~
Kathy nik, Deputy County Clerk
Certified Shorthand Reporter
9-29-08
ORDER NO. 31026
2008 TAX RATE FOR LAKE INGRAM ESTATES ROAD DISTRICT
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously
approved by a vote of 4-0-0 to:
Establish a tax rate for Lake Ingram Estates Road District at .3926 for FY 2008.
ORDER NO. 31027
2008 KERR COUNTY MAINTENANCE AND OPERATION TAX RATE
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously
approved by a record vote of 4-1-0 to:
Adopt the Maintenance & Operation Tax Rate of .3592 for the 2008 tax year.
Commissioner Baldwin-aye
Commissioner Williams-aye
Commissioner Letz-aye
Commissioner Oehler-nay
Judge Tinley-aye
ORDER NO. 31028
2008 KERB COUNTY INTEREST AND SINKING (DEBT) RATE
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously
approved by a record vote of 5-0-0 to:
Adopt the Interest and Sinking Debt Rate of .0379 for the 2008 tax year.
Commissioner Baldwin-aye
Commissioner Williams-aye
Commissioner Letz-aye
Commissioner Oehler-aye
Judge Tinley-aye
ORDER NO. 31029
2008 KERR COUNTY LATERAL ROADS TAX RATE
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioners Letz/Baldwin. The Court
unanimously approved by a record vote of 5-0-0 to:
Adopt the Lateral Roads Tax Rate of .0322 for the 2008 tax year.
Commissioner Baldwin- aye
Commissioner Williams-aye
Commissioner Letz-aye
Commissioner Oehler-aye
Judge Tinley-aye
ORDER NO. 31030
2008 KERR COUNTY COMBINED TOTAL TAX RATE
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court unanimously
approved by a record vote of 4-1-0 to:
Adopt the Combined Tax Rate for Kerr County of .4293, and that these taxes be
increased by the adoption of the Tax Rate of .4293, which will be applied to the total
taxable value, and it will impose an amount of taxes to fund Maintenance and Operation
Expenditures of the Taxing Unit that exceeds the amount of taxes imposed for that
purpose in the preceding year, including the resolution that, ~~TH IS TAX RATE
WILL RAISE MORE TAXES FOR MAINTENANCE AND
OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX
RATE WILL RAISE TAXES FOR MAINTENANCE AND
OPERATIONS ON A $100,000 HOME BY
APPROXIMATELY $43.80".
Commissioner Baldwin-aye
Commissioner Williams-aye
Commissioner Letz-aye
Commissioner Oehler-nay
Judge Tinley-aye
ORDER NO. 31031
REPLACEMENT OF ELECTION JUDGES AND ALTERNATES
Came to be heard this the 29th 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:
Replace the Election Judges and Alternates for the term of one (1) year in accordance
with the Texas Election Code Section 32, and for Precinct 211, that Jane Carbone replace
Dee Speaker as the Election Judge for Precinct 211.
ORDER NO. 31032
CLAIMS AND ACCOUNTS
Came to be heard this the 29`" day of September, 2008, came to be considered by the
Court various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	57,116.48
14-Fire Protection	$	2,140.05
15-Road & Bridge	$	34,487.40
21-Title IV-E	$	1,699.04
71-Schreiner Road Trust	$	4,573.60
76-Juv Detention Facility	$	216.31
83-216t" District Attorney	$	1,737.06
85-216t" District Probation	$	812.50
86-216x" CSCD	$	1,126.55
87-Community Service	$	110.00
TOTAL
$ 104,018.99
Upon motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court
unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER N0.31033
AMENDMENT TO 2009 SHERIFF AND CONSTABLE FEES
Came to be heard this the 29th day of September, 2008, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams. The Court unanimously
approved by a vote of 3-0-0 to:
Move that we amend the prior Court Order No. 31002 to correct the 2 items as per the
Judge's suggestions:
1. Under Notices: Forcible Detainer should be $65.00
2. Under Other Service Fees: Processing Arrest Warrant should be $50.00, as
set by the Statute.