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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, March 9, 2009
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
March 9, 2009
--- Commissioners' Comments
1.15 Consider/discuss, take appropriate action to
adopt a resolution to apply for 2009-2010 Texas
Community Development Block Grant assistance under
Colonia Fund to complete on-site sewage facility
replacement in designated Colonia areas of Kerr
County
1.4 Consider/discuss, take appropriate action to
sign lease agreement between Texas Arts and
Crafts Educational Foundation, Inc. and Texas
AgriLife Extension, Kerr County, for permission
to place propane tank and gas lines on Texas
Arts and Crafts property
1.6 Consider/discuss, take appropriate action regarding
further training from Tyler Technologies and an
update on progress made in Kerr County Tax Office
since last reported in January 2009
1.1 Consider/discuss, take appropriate action to
open bids for maintenance shop at Hill Country
Youth Exhibit Center
1.3 Consider/discuss, take appropriate action on
ProDoc contract renewal
1.5 Consider/discuss, take appropriate action to
acquire burn ban signs to sell to area residents
at our cost
1.8 Consider/discuss, take appropriate action to open
annual bids for road base, cold mix, aggregate,
emulsion oil, and corrugated metal pipe
1.7 Consider/discuss, take appropriate action on
revised Census PSAP data and maps as prepared
by AACOG for Kerr County
1.9 Consider/discuss, take appropriate action to
determine whether or not a policy change is
needed in Facilities Use Policy for-the Hill
Country Youth Exhibit Center to include all
nonprofits listed under the 501(c) section of
the IRS Code
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I N D E X (Continued)
March 9, 2009
1.10 Consider/discuss, take appropriate action on
request from Texas Arts and Crafts Educational
Foundation to be added to the nonprofit list to
receive a reduced rate at the HCYEC
1.11 Consider/discuss, take appropriate action to
approve a resolution supporting use of federal
stimulus funds for Center Point/East Kerr County
wastewater and water projects
1.12 Consider/discuss, accept Kerr County Sheriff's
Office racial profiling report
1.13 Consider/discuss, take appropriate action re-
garding Westlaw contract for Kerr County Jail
1.14 Consider/discuss, take appropriate action to
approve memorandum of understanding for paving
and for patient acceptance and transportation,
and allow County Judge to sign same
1.16 Consider/discuss, take appropriate action on
~ audit schedule for 2009 for Kerr County, with
~, an information packet on the powers, duties,
', and responsibilities of a County Auditor
1.17 Consider/discuss, take appropriate action on
request from AACOG for a letter supporting their
application to TxDOT for a Job Access Reverse
Commute (JARC) grant
1.2 Consider/discuss, take appropriate action to
award contract for maintenance shop at Hill
I Country Youth Exhibit Center
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
5.2 Reports from Elected Officials/Department Heads
--- Adjourned
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On Monday, March 9, 2009, at 9:00 a.m., a regular
meeting of the Kerr County Commissioners Court was held in
the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Okay. Let me call to order this
regularly scheduled meeting of the Kerr County Commissioners
Court posted and scheduled for this time and date, Monday,
March 9, 2009, at 9 a.m. It is that time now. If you'd
would, please, sir.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the audience or the public that wishes to be
I
heard on a matter which 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; I believe they're located at the back of
the room, so that we will know that you wish to be heard on
that item. If we get to an item and you wish to be heard and
have not filled out a participation form, get my attention.
I'll see that you have that opportunity. But right now, if
there's anybody that wishes to be heard on any matter that is
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not a listed agenda item, please feel free to come forward at
this time and tell us what's on your mind. Seeing no one
coming forward, we'll move on. Commissioner Baldwin, do you
have anything for us this morning?
COMMISSIONER BALDWIN: Judge, I do, as a matter of
fact. Y'all might find this hard to believe, but there's a
possibility of a problem with the Little League, and
according to my conversation over the phone over this
weekend, it may stem from the agreement that Kerr County has
with the Little League over their property out there. So,
what I want to do is, Commissioner Letz and I are going to go
meet -- he doesn't even know about all this yet, but we're
going to go meet with them, hopefully this week, and just
take -- take a peek under the hood and see what it's about.
And if it -- if it is something that we need to look at
further, we'll come back and get permission from you guys to
carry it the next step. But I just wanted to let you know
that we're going to be out there looking at that thing a
little later.
And it depends on what our yard looks like soon; I
want -- something I've been wanting to do, I've been wanting
to have lunch on the grounds at the courthouse, putting up
some -- putting up some tables out in the yard and have some
of my friends -- musician friends come over and play for 30
or 40 minutes, and all the community come in and bring a sack
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lunch and just sit down and have a little lunch, and -- and
we'll provide the entertainment. And we're -- I want to do
that, and I'm going to kind of watch for it. And, like,
maybe one day next month, do one, and then -- do three of
them, one a month. And then, of course, when it gets hot, I
don't want to be out there anyway. So, just kind of heads up
on that. The issue of the -- the plan for this downtown
area, I have very seldom in my life endorsed anything, but I
really, really like what I'm seeing over there and hearing
over there. And if the Commissioners Court ever gets the
opportunity to do a resolution in support of the plan, I
think -- I really think that we need to move forward and do
', that. Great, great, great stuff. That's all.
JUDGE TINLEY: Thank you. Commissioner Williams?
COMMISSIONER WILLIAMS: Following up on the Little
League with Commissioner Baldwin, in addition to the contract
issues which you mentioned, right, I had a call from the
gentleman who's, I guess, the president of the league with
respect to some drainage issues out there, and whether or not
we could help them clean out that huge conduit that goes
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COMMISSIONER LETZ: Yes, it is.
COMMISSIONER WILLIAMS: Seems like it's full of
through there that -- I guess that's Third Creek, is it not,
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and I will meet out there with them to talk about that issue.
COMMISSIONER BALDWIN: Now, don't get over into our
stuff.
COMMISSIONER WILLIAMS: No, I won't. Don't you get
in the sewer pipe, either.
COMMISSIONER BALDWIN: Don't worry.
COMMISSIONER WILLIAMS: So, that's just corollary
to what you're talking about. There are some things that
need to be done out there. Also, what you said about the --
the proposed plan for downtown here, the Judge showed me that
drawing, I don't know, maybe a month or so ago. Someone was
in his office talking about it. It's a beautiful concept; it
really is. And for the Cailloux Foundation to step forward
~, and for the hospital board to realize that perhaps the total
renovation of that building was a non-starter, I think all
that is good. Because what we need not have happen is for
that building to languish another couple years downtown, and
the devastating results of -- of all that non-activity
that -- that was brought to us by the presence of the
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hospital. So, I think it's a good plan, and I'm hopeful that
the funding sources can be found and that the plan can move
forward. I heartily support the plan. That's all I got,
Judge.
25 ~ JUDGE TINLEY: Thank you. Commissioner Letz?
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COMMISSIONER LETZ: The -- just a little background
on Little League real quick. The lease out there was
originally negotiated in '86 and approved by the
Commissioners Court. It's the County's land, obviously, and
at that time -- and since then, a lot has changed. There was
one amendment to the lease in '97, I believe, which we added
a lot more property to it and changed some names and some
things, but no one's really looked at the lease itself, and
the lease was written by two attorneys, --
COMMISSIONER BALDWIN: Hmm.
COMMISSIONER LETZ: -- primarily. You know, which
I guess makes sense, but it was Danny Edwards and Rit Jons
~i, which wrote the original lease, and it's long. And, anyway,
so that lease ran for 25 years; it's up in 2012, and it may
make more sense to relook at that lease right now and re --
and how the whole thing is structured out there.
COMMISSIONER BALDWIN: So, you're talking about a
couple of rednecks taking lawyers and fixing this lawyer
stuff?
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: Okay, you're on.
COMMISSIONER LETZ: Basically. It's not a huge,
huge problem out there, but I think it's something that's
kind of been out there for a while; probably needs to be
done. Representative Rose has filed bill H.B. -- I think
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it's 2167, which is the bill that I guess I've been somewhat
working on for the better part of a year and a half now.
It's going under Chapter 231, which would give additional
authority to -- that we've discussed previously, to -- I
think it's 15 hill country counties. I think it's 15 of them
right now. Representative Miller has signed onto that bill,
and there has been communication between Representative
Hilderbran and Representative Rose. Beyond that, I'm not
sure exactly where that part of it is. And I have been told
that Representative Rose may be filing a substitute bill at
committee, which may be part of the reason Representative
Hilderbran -- anyway, they're all talking about it. Looks
like the bill's going to at least get to a committee. If it
goes beyond the committee, who knows, but that's kind of
interesting, kind of following that. I hope it rains this
week. Gosh, we need it. That's it.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: Well, I guess I want to say
too that I really support the downtown plan, for a lot of
reasons, and one of them being that it will -- it will
promote business and put some business dollars on the tax
rolls, as opposed to what we have now, which is zero. And
the plan, it looks like, will be very good for business
development, and that in itself would be the first positive
that I've really seen that has been had for some lasting
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effect on downtown. Of course, fires are still a problem.
We've had several recently, and I just hope that people will
be careful and please don't start any fires until this burn
ban is lifted, and hopefully we'll get some rain this week,
enough to make a difference. But other than that, just the
general regular things. The bridge -- bridges around the
Hunt area on 39 are going well. We did get notice that some
of our other bridges are going to get funded for the
so-called stimulus package. So, anyway, everything's going
about as well as it can, I guess, and hopefully we'll get an
update before long from the Attorney General on our Ingram
Lake problem with Mr. Vlasek. That's it.
JUDGE TINLEY: Okay. Well, thank you. On these
bridges that have moved over to the stimulus, those were
under the Bridge Safety Act or some special legislative
things that occurred after the -- after the Minneapolis
failure, and suddenly there was this huge pot of money
available, and ergo the projects in west Kerr. I wish we
could use the stimulus money for something in addition to
that., but it's their money, and I guess they can move it
around any way they want to, and have done so. But on the
downtown redevelopment, as I'm sure the members of the Court
will recall, that was one of the major components of the
economic development strategic plan that we developed jointly
with the City of Kerrville, a major component of that. And I
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think one of the amazing things about this more recent
development was that that hasn't been in the discussion in
making stage too long. It was originally starting to become
vetted last December, as I recall. So, this thing has come
along pretty fast, and pretty extensively. And in addition,
there will be some participation that we will be asked to
provide, I feel certain, under the auspices of the incentives
policy -- the economic development incentives policy. That
also -- those policies were developed jointly with the City
of Kerrville and also the City of Ingram, and -- and I'm sure
we'll be asked to do our part to assist that public and
private partnership. And as we should, because it is a major
component of downtown redevelopment that we so desperately
need. So I, too, am glad to see that come down the pike, and
I want to continue to gather steam and support from all
aspects of the community. Let's get on with the agenda that
we have. Initially, I'd like to go to Item --
COMMISSIONER WILLIAMS: 15.
JUDGE TINLEY: Item 15. I know that Bill
Blackburn, who's here with us today, wishes to be heard, and
he's got other commitments, so I will call Item 15, to
consider, discuss, and take appropriate action to adopt a
resolution to apply for 2009-2010 -- that should be 2020
Texas Community Development Block Grant assistance under the
Colonia Fund to complete on-site sewage facility replacement
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in designated colonia areas of Kerr County. Commissioner
COMMISSIONER WILLIAMS: Thank you, Judge. This is
the formal resolution that is required by O.R.C.A. to perfect
the application that we -- that the Court approved applying
for two weeks ago, and so I put it on the agenda so the Court
could adopt the formal resolution. Coincidentally, over the
weekend, I received an e-mail from Dr. Blackburn inviting me
to a meeting, and maybe some others of you were also invited,
in which he's talking about efforts to help low-income people
in Kerr County who live in substandard housing. And he's
proposing this meeting take place later this week. And what
caught my attention was the bottom line in his -- in his
e-mail that the amount of substandard housing in the county
I! is staggering, but there are great stories to be told of
people who are helping eliminate that. The reality is that
this particular CDBG block grant does precisely that, and in
a limited form. It helps people who cannot afford to upgrade
their septic systems do so.
I know one member of the Court expressed some
concern about how this process takes place. My understanding
is, of course, that the County is not directly involved in
the contracting and so forth, but we would be involved in the
inspections required on the O.S.S.F., and our part of the
in-kind contribution would be to waive any inspection fees
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and application fees and so forth, and that would be our
', participatory part of the CDBG block grant. So, I would ask
the Court to adopt the resolution, and there may be some
folks who want to speak to it, Judge. I move the resolution
JUDGE TINLEY: I have a motion to adopt the
resolution. Do I hear a second?
COMMISSIONER BALDWIN: I have a second -- I'll
second it, but I have a question or two.
JUDGE TINLEY: All right. Dr. Blackburn, did you
have some comments you wish to offer?
DR. BLACKBURN: On my form, I think I said I was
speaking to 1.16. I'm speaking to 1.15. What we have found
is, as we are working with low-income families to help them
get their houses repaired -- and we have found so much
substandard housing in the county. And I would say to you
that part of what we're finding is, we're finding retired
people that have, you know, retired, that have lived here all
their lives, but never made much and kind of lived on the
edge, and now in retirement, they don't have many resources,
including keeping up their place. We're also finding some
folks who are retired here that may have been of some means,
and they don't have the means they once had. They either
have outlived their money, or because of the recent economic
downturn, there's just not as much as there was. The third
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group that we have found a real need is single parents. If
you look at the poverty rate in this county and you factor --
you look at single parents, households headed by a female,
particularly with children in the house, you're -- you're
often looking at a very serious situation in regard to their
income.
So, what I would say is, we're seeing a lot of
need. Unfortunately, the poverty rate, according to the
census, has increased in Kerr County. Not -- not, you know,
a huge amount, but somewhat. Churches are stepping up and
doing more and more all the time, and our meeting Thursday
night is about stepping that effort up with more a
combination of skilled and non-skilled workers to help folks
in substandard housing who are low income, and we've got some
really good leadership for that. And I applaud, by the way,
the Kerrville Church of Christ and their Fix-it Angels, who
are just already out there doing a great job, and we partner
with them and are able to supply some money to help them, but
there's a lot more help that's needed out there. So, I would
just say to you we got a lot of folks out there that need
some help. And, certainly, when those septic systems start
going bad, we got trouble.
JUDGE TINLEY: When is this meeting, Dr. Blackburn?
DR. BLACKBURN: Thursday night, second floor, the
Community Room of Wells Fargo Bank building.
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COMMISSIONER OEHLER: What time?
DR. BLACKBURN: At -- I'm sorry, at 5:30. 5:30
Thursday night. And we'd be glad for any of you to be there.
And I -- what we're doing in that meeting is organizing more
teams. Every project will have a team leader, and we've got
$25,000 from the Kemmerer Foundation behind the Comanche
Trace development to buy materials and so forth.
JUDGE TINLEY: Any questions for Dr. Blackburn?
Thank you, sir. We appreciate you being here.
DR. BLACKBURN: Thank you.
JUDGE TINLEY: Commissioner Baldwin, you had some
comments?
COMMISSIONER BALDWIN: I do. I have a question.
You know, when we -- a couple of weeks ago, when we were
talking about some of these same issues, I think I heard
Commissioner Williams talk about the City maybe balking a
little because of lift station issues and some other things,
and I just want to remind everybody that there's an area out
in Kerrville South that we've had on the planning table for
over two years, maybe longer, but two years, and I would -- I
really don't want to see us get to a place where we're
bringing in a lot of area and not -- because of that, not be
able to do any of it. So, I just want us to be careful and
remember, and maybe -- you know, I'm probably sounding like a
protectionist, maybe. I don't -- I don't know. It doesn't
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matter. I am. Because it's my precinct, and it's things
that we've talked about and planned on for a number of years
now, so if we add on too much, and -- and that causes the
plan out in Kerrville South to go sour, I just think that's
the wrong -- wrong way to go. I think that we need to be
careful how we take steps into this thing. I'm all for it.
I agree with Bill and everything that he said. I just think
we need to be real careful to where we don't get to the point
to where we're off -- we're asking too much, and the City not
point, and it's a -- that's a valid point. And this is
intended to help folks on an individual basis in areas where
a sewer system is not existent or not planned. And, so, what
we're planning in Kerrville South would exempt -- will take
them out of the mix, as well as the plans we have for Center
Point and eastern Kerr County; they would not be in the mix.
It would be for individuals that live in outer areas who have
problems, and this would help them. The example that
Grantworks has put that I gave you in the background
information, it kind of goes to the issues that Commissioner
Letz raised last time, and the cost of the tank is paid by
the grant. The initial inspections by the County would be
waived,	as	would	the application	fees, interim	inspections.
And we	don	't --	we don't select	the installer.	We don't vet
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that installer. We don't negotiate with that installer.
That all takes place between the individual and the
administrator of the grant, which is Grantworks. So, you
know, we're the facilitator, but we're not directly involved
in -- in the workings of it. The --
COMMISSIONER OEHLER: Do have you have any idea how
much money is available for this program?
COMMISSIONER WILLIAMS: Well, total statewide, I
don't, but this grant is for a quarter of a million, and we
could spend up to that amount. We may not spend all of that,
if awarded that. And -- and when it really gets down to the
crunching, O.R.C.A. may require a survey of some type with
some estimate of what the cost might be, and then the grant
can be fashioned accordingly.
COMMISSIONER OEHLER: We do have areas that --
where people absolutely don't have resources to fix failed
systems, and they're kind of trapped, and I'm in support of
what you're trying to do here. I think it's a good thing,
and -- and I don't know how else we could do it.
COMMISSIONER WILLIAMS: Well, the County directly
couldn't do it without this kind of -- without this kind of
assistance.
COMMISSIONER LETZ: I think the only -- and I'm in
support of it. The only slight concern I have is that I'm
still a little uneasy with the installers working directly
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with these people who, you know, really may not be up to
speed on how to negotiate, what the cost should be. I don't
want them to be taken. I don't want the County to be
involved or the state to be lining the pockets of people that
may not be too scrupulous, and this is an area that you can
really get into that. So, I really would like some kind
of -- some kind of oversight on the overall project. And I
guess that we do have some -- some oversight through the
installation process, but normally we don't get that -- our
Environmental Health doesn't get involved with the dollars.
COMMISSIONER WILLIAMS: I understand.
COMMISSIONER LETZ: Just a matter that it's done,
and done according to the rules. So, I sure would -- you
know, I think that needs to be brought up at Grantworks, the
I administrator of it, that they are involved with the
individuals that are working with these installers. And a
lot of this all is great. I'm not trying to throw a --
COMMISSIONER OEHLER: Environmental Health can have
a role in that, too, because they would view those plans, and
if they see something that seems like --
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: You know, that could be
something they could do to kind of oversee the process,
especially in this situation.
COMMISSIONER LETZ: But I guess it's a real -- kind
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COMMISSIONER BALDWIN: Are cost numbers included in
COMMISSIONER WILLIAMS: Well, the estimated.
Grantworks estimates, okay? For example, the tank might cost
$6,000, paid for by the grant. They talk about the
inspection fees and the application fees and so forth.
That's the only estimate of cost. Now, going to the point
that Commissioner Letz makes, and your question, we can sit
down with Grantworks and say, "Hey, these are our concerns,
and you have to address these concerns if you're going to
administer the grant for us." And -- and I'm certainly
willing to do that. We need to do that.
JUDGE TINLEY: As the administrator of the grant,
I COMMISSIONER WILLIAMS: Well, I would think so.
COMMISSIONER LETZ: I think there's also a little
bit of guidance we can give Grantworks on types of systems,
you know, near and dear to Commissioner Baldwin's heart.
COMMISSIONER WILLIAMS: Right.
COMMISSIONER OEHLER: Well, yeah, because you can
get -- you know, people that can't afford to put in a system
sure can't afford to operate some of these --
COMMISSIONER OEHLER: The maintenance part of an
COMMISSIONER LETZ: A maintenance fee.
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aerobic system.
COMMISSIONER WILLIAMS: Exactly.
COMMISSIONER LETZ: I think we need to --
COMMISSIONER OEHLER: That goes on forever.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER OEHLER: You're welcome.
JUDGE TINLEY: The road goes on forever.
COMMISSIONER BALDWIN: I know that.
COMMISSIONER LETZ: And another comment I want to
make on what Commissioner Baldwin said earlier is that, you
know, it seems -- I don't know when our next scheduled
meeting with the City is, but we need to talk about this
whole sewer thing. I mean, their -- two of the councilmen
are telling me and Commissioner Baldwin that the City's
getting ready to change their whole policy on septic and
water and become county-wide on these issues, and every time
we try to talk to them, it's like the door gets slammed in
our face of just no capacity anywhere. So, I mean, it's a
real problem, and I think we're hearing two things coming out
of the City. This really needs to be resolved. It's a
pretty important issue.
COMMISSIONER WILLIAMS: We really need to. We
really do, because we're hearing mixed stories. We've got
plenty of capacity in the treatment plant. The issue, I
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guess, is getting it there.
COMMISSIONER LETZ: Right. And I think -- you
know, we need to work with them on getting some funding. I
mean, I don't know how -- where the problem is, but I think
that -- when do we meet with them?
COMMISSIONER BALDWIN: We don't have anything
scheduled. We need to do that.
COMMISSIONER LETZ: Maybe as soon as the new City
Manager gets on board, maybe give them a month and then do
it.
COMMISSIONER BALDWIN: We can trade our --
COMMISSIONER OEHLER: Give him a month before you
hammer him.
COMMISSIONER BALDWIN: We can trade our one-half of
an ambulance for a pump station.
COMMISSIONER WILLIAMS: For a pump station.
Improved lift station.
JUDGE TINLEY: The half that you never got to
drive?
COMMISSIONER BALDWIN: That's right.
COMMISSIONER LETZ: So, anyway, probably June.
Early June, I guess. Then there's elections coming up, too,
on their side. All right.
COMMISSIONER BALDWIN: I agree.
JUDGE TINLEY: Other questions or comments on the
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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
our 9:15 timed item, if we might.
COMMISSIONER WILLIAMS: Thank you, Bill.
JUDGE TINLEY: Thank you, Dr. Blackburn. Consider,
discuss, and take appropriate action to sign a lease
agreement between the Texas Arts and Crafts Educational
Foundation, Incorporated, and Texas AgriLife Extension, Kerr
County, for permission to place propane tank and gas line on
Texas Arts and Crafts property for Texas AgriLife Extension,
master gardener's greenhouse.
COMMISSIONER OEHLER: That's pretty
self-explanatory.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: So moved for approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of she agenda item. Question or discussion?
COMMISSIONER LETZ: Seems like we should have done
this about four or five months ago before it got cold.
COMMISSIONER BALDWIN: I agree. So, there's a -- a
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lease agreement between Arts and Crafts Foundation, Extension
MR. WALSTON: Two.
COMMISSIONER BALDWIN: Two, I see. Jon, you want
to take this one on, too?
COMMISSIONER LETZ: Pass. And we're -- I presume
our lease with Arts and Crafts has that we have to get
approval from them to do this on our property?
MR. WALSTON: When I approached them, they just
felt like it's the safest thing, just to be sure we have
everything documented and covered, you know, that -- in case
there was a problem later on.
I COMMISSIONER LETZ: Okay.
COMMISSIONER BALDWIN: I guess if they don't agree,
they won't sign the agreement. That's what --
COMMISSIONER LETZ: But it's our property.
COMMISSIONER BALDWIN: Hmm?
COMMISSIONER LETZ: It's our property.
MR. EMERSON: I think it was leased to them with
their -- basically, they had sole autonomy over that property
to improve it and develop it and so forth.
COMMISSIONER LETZ: Kind of like Little League.
MR. EMERSON: My understanding from talking to
Craig Leslie, if we're going to put an explosive tank on
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their property, they want a release.
COMMISSIONER LETZ: Basically, they just want a
release, okay.
MR. WALSTON: And we had -- we had the propane tank
on our property, on our side of the fence, prior to that, and
then now that we've changed companies, evidently there's been
some changes in the regulations, and it can't be that close
to our building.
COMMISSIONER WILLIAMS: Where do you plan to put
~ this, Roy?
MR. WALSTON: Where that -- it's on the back side
of the privacy fence from -- in that corner, kind of where
that nook is up next to the road. About 20 feet from our
privacy fence, and right behind their privacy fence.
JUDGE TINLEY: Back in that maintenance area that
they have?
MR. WALSTON: Yes, sir. Yes, sir, in that
maintenance area.
COMMISSIONER WILLIAMS: That's all fenced in?
MR. WALSTON: Not in the maintenance area, but
outside.
COMMISSIONER WILLIAMS: Is that all fenced in?
MR. WALSTON: Well, it won't be. It's not in the
fenced-in area of the maintenance -- of their maintenance
facility. It's on the outside of it.
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COMMISSIONER LETZ: We're going to have a few --
it's an above-ground tank?
MR. WALSTON: Yes, sir.
COMMISSIONER LETZ: We're going to have a few,
like, posts around so someone can't run into it?
MR. WALSTON: Mm-hmm, we can. I mean, there's --
as far as -- I don't think there's that much traffic over
there, but --
COMMISSIONER LETZ: I'd just hate to have a tractor
run into it. Tim can probably take care of that. Tim?
Propane tank might need a few posts around it.
MR. BOLLIER: I can handle that once it gets there.
You just want posts around it? Do you want a rail around it?
COMMISSIONER LETZ: I just think so someone can't
drive into it --
MR. BOLLIER: Got it.
COMMISSIONER LETZ: -- with a tractor.
COMMISSIONER BALDWIN: Blue and gold.
MR. BOLLIER: Blue and gold? Roy may have a
difference of opinion, 'cause he's kind of green and white.
COMMISSIONER BALDWIN: We will. Blue and gold.
MR. BOLLIER: Blue and gold. All right, sir.
COMMISSIONER LETZ: I like orange and white,
personally.
COMMISSIONER OEHLER: Probably some state
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regulation says it has to be white.
JUDGE TINLEY: Any other questions or comments 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.
MR. WALSTON: Thank you.
JUDGE TINLEY: Let's move to our 9:30 timed item,
Item 6. Consider, discuss, take appropriate action regarding
further training from Tyler Technologies and update on
progress made in Kerr County Tax Office since last reported
in January 2009. Ms. Bolin?
MS. BOLIN: Good morning, gentlemen. Just an
update. We have undergone 10 days worth of training. Once
Tyler found out about the seriousness of our problem, they
paid for six days of it; we paid for four. I think that's
pretty good. There are some new things in the system that we
were unaware of that we got trained on, very intensive
training last week. They were there from 8 o'clock till
7:30, 8 o'clock at night doing training, so we got our
money's worth out of Ms. Black. I told Mitchell Spence when
he was here that it would take probably a year before I was
25 ~ totally confident in their system again, because of the --
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our levy process, our tax statements, our delinquent
statements. These are all timed items per the law, so we
to be in a month, I'll know. So, I feel good about our
training. We found some glitches. The Appraisal District,
we discovered, was sending us supplementals to the roll that
were overlapping, which messed up my supplemental process and
our delinquent statements and supplement statements, but
we've worked that out with them. That's another one of
those. We'11 get it once a month until we're in the busy
cycle, and then we'll get it more often than that. But right
now, it's a work in progress. And I feel much more confident
than I did when I was here in January.
COMMISSIONER BALDWIN: Can you give us an example
of an item that y'all found -- I think "item" is a bad word,
but an item that y'all found that you hadn't seen before?
MS. BOLIN: The -- the distribution process, we
have never used before. That was part of my predecessor's
determination. And my understanding of the way that it works
was that we had to use it every day and write checks every
day, which the entities don't want, and that's a lot of check
writing for us. But they revamped it, and there's a way for
us to disburse into QuickBooks so that the bookkeeping issue
is going to be much easier. We can do away with our pencil
spreadsheets. We've been doing it two different ways, and
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it's making things a lot easier.
COMMISSIONER BALDWIN: Good, I like to hear that.
JUDGE TINLEY: The -- the glitches that were
Mm-hmm.
JUDGE TINLEY: -- throughout the training process
that you've described to us, was there a rationale, because
of the training issues, that -- that explained how those
happened the way they did?
MS. BOLIN: Yes.
JUDGE TINLEY: And --
MS. BOLIN: Now, the -- the statements that didn't
weren't alone, but we're the first ones that said anything.
So, they did get that fixed. The -- the issue with the
Appraisal District and the way they were sending us our
supplements was a very large part of the problem that we've
been having, and I've put myself on the agenda for the
Appraisal Board so that I can let them know the situation and
what's happening. Because it's not just us; it's with them,
and they know the situation. I've talked to the Chief
Appraiser; I've talked to his office manager and the person
who's now doing the supplement process. And the way that
they changed it to try to help us hopefully will take care of
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the problem we've been having from them.
JUDGE TINLEY: So, the glitches that were found
and that came to light were resolved through the training
~ process --
MS. BOLIN: Correct.
JUDGE TINLEY: -- that you went through recently?
MS. BOLIN: Right.
JUDGE TINLEY: Okay.
MS. BOLIN: With some changes to the system,
because of the way that their system calculated some things.
But they fixed those while they were here. They saw what we
were talking about and fixed them while they were here, and
it wasn't as serious as it seemed.
JUDGE TINLEY: Are all the people in your office
now trained --
MS. BOLIN: Yes.
JUDGE TINLEY: -- on the system?
MS. BOLIN: Everyone that's dealing with taxes,
Yes.
JUDGE TINLEY: Okay. And as you begin to
cross-train, which I assume you have in mind, you're going to
do that in-house?
MS. BOLIN: Yes.
JUDGE TINLEY: That training?
MS. BOLIN: Ms. Hyde sat with us the first week
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that Tyler was here and made notes, and what she wanted to do
was to make a training booklet. So, she sat with us through
the whole training process and got her little files for each
different thing that we did, as well as gathering our notes
with them, and she's in the process of making a book like
that, plus what we have in-house.
JUDGE TINLEY: So, you're confident that your staff
is now, to the degree possible, up to speed by virtue of this
training?
MS. BOLIN: Absolutely.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: One other question, Judge.
Did I understand you correctly, Ms. Bolin, to say that
i whatever issue was preventing you from reconciling your books
electronically has been resolved?
MS. BOLIN: Yes.
COMMISSIONER WILLIAMS: So that no longer are you
going to be required to tie up yourself and others trying to
reconcile your -- your accounts and so forth?
MS. BOLIN: Yes, sir.
COMMISSIONER WILLIAMS: That's good.
JUDGE TINLEY: Any other questions?
COMMISSIONER LETZ: I mean, this is all good news.
And I -- my only, I guess, comment is it took a long time to
get here, and there's been a lot of -- you know, I can't
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count the number of e-mails I've read about this topic. And
it seems -- Tyler seems to be very attentive at this point.
Is there -- you know, how do we get there? Is it -- I mean,
I'm looking probably more to John, 'cause he deals with
Tyler, I think, more than anybody. Did they understand that
we're really irritated with them? Or -- because I think -- I
mean, Rex, you've had problems too, as I recall, in some of
your things, which is different, but with Tyler Technologies,
and it seems that if we can get their attention, that we
expect training and our issues addressed, it would sure make
our e-mail files go down substantially, the quantity of them,
'cause I get tired of reading about all these problems.
MR. TROLINGER: That's a good point, and I'm glad
you asked. The head of Client Support, Mitchell Spence, has
visited with every office that would meet with them. He
missed out on the County Attorney and the District Attorney.
They didn't -- they didn't meet with him, but the other
offices that did, each came with a list, and that list has
been prioritized. And, for instance, the Sheriff's list is
the most extensive. The courthouse list is probably the
smallest. And it looks pretty good from my viewpoint, that
the things that are on the list are going to be resolved
fairly quickly, and only one of them's a programming issue,
that we're asking for a program change. So, Client Support
can take care of all these issues for us, but it's on us to
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keep up with this list and make sure that we stay on top of
it, that we get what we want and get these issues resolved.
COMMISSIONER LETZ: So, how -- what is the process
that we are instituting to do that? It sounds like the
glitches coming up -- I see Rusty getting ready to stand up.
MR. TROLINGER: There's a weekly conference call
with the Sheriff's Office, with the Tax Office, and then with
myself for miscellaneous items with the head of Client
Support to address the issues list to make sure it is being
prosecuted.
COMMISSIONER LETZ: I mean, it sounds like we're
going on the right path. And my -- I guess probably to you,
'cause you're the person I look to when we have computer
problems, is that, you know, whatever department has a
problem, it may be not seem significant in the big picture,
but it's obviously significant to that department. We need
to get the problem fixed. Seems like Tyler Technologies is
willing to do it. There's a process they have to help us,
but we -- you know, and I look to you to be kind of the
coordinator, because you report to us.
MR. TROLINGER: I am the lead on each of the -- for
each of the conference calls and for each of the lists. And
while Ms. Hyde's here, I'd like to thank her. She was
instrumental in documenting and -- and assisting the Tax
Office with the 10 days of training that we had on-site. It
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was really above and beyond the call, what she did, the
documentation and the -- and the help, the interface that she
gave us between the support and the Tax Office people.
JUDGE TINLEY: Mr. Trolinger, is it -- because of
your position and expertise, is it possible that some of
these issues that arise in a particular department, if they
are brought first to you, that you could resolve some of
these issues with that department in-house? Now, I
understand that you've got telephone support and that kind of
stuff, but it occurs to me that, number one, you need to be
aware of these issues, first and foremost, because of your
position. And number two, secondly, you might be able to
solve them rather quickly, plus it gives you an opportunity
to have the big picture, the entire scope of problems that
we've got with the system, when you begin dealing with Tyler.
Would that be helpful if -- if these things were first
brought to your attention?
MR. TROLINGER: In some respects, yes. But we have
a system in place comprised of an electronic help desk on our
side, on the Kerr County side, and then an electronic help
desk on the Tyler Technologies side. I monitor both of those
and look at those lists. If someone calls in directly to
Tyler Technologies -- for instance, the Tax Office has six
items, I believe, on the list right now, on the Tyler
Technologies help desk. If I see something that stands out
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on me -- stands out at me, I'll make a phone call and check
~ up on it.
JUDGE TINLEY: So, you're already in the loop on
that, is what I'm hearing?
MR. TROLINGER: Yes, that's the process we have.
JUDGE TINLEY: Okay.
MR. TROLINGER: If there's a gray area between the
two, between client support and hardware or -- or the
desktop, then I'll usually get the first call on that.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: John, you -- in your
comments -- just one real quick question, Rusty. Want me to
get you a stool so we can see you?
JUDGE TINLEY: He is standing.
COMMISSIONER BALDWIN: Oh, okay. You said
something about the County Attorney --
(The Sheriff stood on a chair.)
COMMISSIONER BALDWIN: Be a big boy like us.
(Laughter.) The County Attorney and the D.A., Tyler didn't
visit with them. And both D.A.'s?
MR. TROLINGER: Yes.
COMMISSIONER BALDWIN: And why is that? Why didn't
Tyler visit with the D.A.'s?
MR. TROLINGER: We weren't able to get an
appointment or get a hearing with them.
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COMMISSIONER BALDWIN: Did they refuse to meet with
you? You can say yes or no. Or you can nod your head.
(Mr. Trolinger nodded.)
COMMISSIONER BALDWIN: 'Cause I'd like to have that
~ answer.
MR. TROLINGER: I think so, yes. I think we were
-- the door was closed.
COMMISSIONER BALDWIN: And do you think that --
because I've -- from one D.A., I've heard quite a bit of
complaints. Do you think that if that door was open, that
you could have fixed their problem?
MR. TROLINGER: Yes.
COMMISSIONER BALDWIN: Damn. I don't think I'm
following this whole thing at all, then.
SHERIFF HIERHOLZER: I'll put some light on it.
I'll put some light on it real quick.
COMMISSIONER BALDWIN: Okay.
SHERIFF HIERHOLZER: The problem is, most of
these -- Mitchell Spence is new with Tyler Technologies. He
hasn't been there -- six months?
MR. TROLINGER: Twelve years.
SHERIFF HIERHOLZER: He hasn't been on the Client
Support. At least he never made it up that high. He's made
two trips down here in the last month, which has been great
that he's done it. But every -- and where your D.A.'s are
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frustrated -- and kind of like I told him, seeing's going to
of them. They're the same ones that have been reported 100
times, and now they're taking -- I think somehow it finally
got their attention; enough people complained or -- or, you
know, I think some --
MS. BOLIN: I think it was in the newspaper, and
SHERIFF HIERHOLZER: Things like that. And, you
know, it made it in the paper and got their attention; they
finally started sending some people. But I told them the
same thing. Seeing's going to be believing. Yes, it sounds
great right now. I told them if this works, I'd be tickled
to death, but I know from my department, if you -- you know,
we're going to wait and see if they really carry through with
fixing the problems. And I think the D.A.'s problem is,
we've gone through it for how many years now? And nothing's
been done, so they're just tired of trying. Everybody -- a
lot of them were at the point of giving up, but we'll see
where they are at this point.
MR. TROLINGER: Well, the D.A.'s have never made an
attempt to use the system. The County Attorney is fully
integrated with -- with the system. They use the prosecution
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the middle of the -- of the three steps of the system. But
the Sheriff, for instance, he's got -- he needs to assign --
for his issue list, he needs to assign a couple of people
that can -- that can stay after this issues list and that can
be the point people there, one at the jail and one at law
enforcement. And that's how the issues are going to get
fixed, because someone's going to keep after it and make sure
these things are done instead of just letting it go.
SHERIFF HIERHOLZER: The only issue, and where
we'll see what really happened, Buster, is over the years, I
think it's been recorded, 'cause they record all the issues
when we send them, and I think our office has sent -- over
the years, over 500 issues were on that list. And I asked
them for a copy of that list two weeks ago, and I won't get
it. Never will. There's no way they're going to let me have
a copy of that list, because a lot of mine is they came up
asking, "Okay, what's wrong now?" You know, "Give us a list
of your issues." Well, we've given them over so many years
that I can't even think of all of them right now, and so
we'll just see. It sounds good. I think we're -- we're
taking baby steps. I think we're -- we've taken the first
couple. But I really want to see what happens.
COMMISSIONER BALDWIN: Yeah, it's obvious that some
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looks cocked.
SHERIFF HIERHOLZER: Just for you.
COMMISSIONER BALDWIN: You can sit anywhere you
want to, far as I'm concerned. (Laughter.) Golly, he is
rough, isn't he?
COMMISSIONER WILLIAMS: Tough.
COMMISSIONER BALDWIN: Mean.
JUDGE TINLEY: Anything else, gentlemen? Okay,
let's move on to Item 1.
COMMISSIONER BALDWIN: Item 1?
JUDGE TINLEY: Consider, discuss, and take
appropriate action to open bids for maintenance shop in Hill
Country Youth Exhibit Center.
COMMISSIONER OEHLER: Doggone, we got bids this
I t ime .
COMMISSIONER BALDWIN: How many?
COMMISSIONER LETZ: One, looks like.
JUDGE TINLEY: Yeah. Looks like we got one bid
from Feller Fabrication. I assume it complies. It comes in
at 12, 626.
I COMMISSIONER LETZ: Move we accept the bid, refer
it to Maintenance Department for recommendation.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on the motion?
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COMMISSIONER BALDWIN: Now, is that that -- is that
that Danny Feller?
JUDGE TINLEY: It would be, yes.
COMMISSIONER OEHLER: Could be that Danny Feller.
JUDGE TINLEY: Is he a member of the group that's
going to be out here at the courthouse picnic?
COMMISSIONER BALDWIN: No. No, he charges.
JUDGE TINLEY: Oh.
COMMISSIONER OEHLER: You have to get him pinched
down pretty tight where he doesn't charge.
JUDGE TINLEY: Any question or comment? 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 defer
on Item 2, since I suspect Tim wants to at least take a look
at that.
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: We'll come back to that, and we'll
go to Item 3; consider, discuss, and take appropriate action
on ProDoc contract renewal. County Attorney.
MR. EMERSON: Thank you, Judge. We use ProDoc. I
believe I came to the Court for the first time two years ago,
and we use ProDoc as a forms finder for us. It significantly
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increases our efficiency, allows us to take standard forms
and tweak them instead of going from scratch on a lot of our
here before you.
COMMISSIONER LETZ: Move approval, and authorize
the County Judge to sign the contract.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item and authorize County Judge to
sign. 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 5; consider, discuss, and take appropriate action to
acquire burn ban signs to sell to area residents at our cost.
Commissioner Oehler?
COMMISSIONER OEHLER: Well I had a call from a lady
this last week in one of our -- one of my subdivisions in the
area, and it seems these burn ban signs are popping up in
other counties, and she was concerned that we don't have them
here, and kind of threw up a flag that I believe it's a good
thing to -- to consider that. Because, you know, that way,
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if people that live in subdivisions, or, for that matter, a
lot of other places, if we want to make -- put up some on our
own, it would be a good thing too, but they're willing to man
the things and keep them current, whatever the ban is,
whether the ban is on or off. And they fold in the middle.
I had Road and Bridge do the research on this to find out
what the cost was and what they look like, and I think y'all
got a picture of what they look like. And Rex and I talked a
little bit, and he says they're in other counties all the way
to Brownwood. So, I think it's a good idea for us to do for,
I think, the citizenry, and especially in subdivisions, and I
think maybe we ought to -- we might ought to instruct Road
and Bridge to put up some of these in areas that, you know,
we could maintain and have somebody go by. You know, maybe
it's around some of our yards in our precincts, or somewhere
in the areas where they travel regularly where they could --
they can open or close the sign, depending on what the --
what the decision is on the ban at the time.
COMMISSIONER LETZ: I think -- and I've noticed the
one -- picture of one going into Comfort, Kendall County. I
assumed they were done by TexDOT, since they're on a state
highway, since I don't think TexDOT allows people to put
things on their -- signs that aren't theirs. I mean, I don't
know that.
COMMISSIONER OEHLER: Probably be a question for me
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to ask TexDOT as far as putting up, 'cause I think putting
them on existing signs would be the way to go.
COMMISSIONER LETZ: Yeah. You don't want to put a
bunch of signs everywhere.
COMMISSIONER WILLIAMS: I notice, driving around
the -- tooling around the territory, that going into Bandera
County, coming over from Boerne, you know, there's a sign
that TexDOT puts out that says Kerr County, Bandera County,
whatever county right there at the county line. And I
believe going into Bandera County, they had one of these
signs Commissioner Oehler's talking about, "Burn Ban in
Effect," right underneath that county, some kind of county
sign. And I would hope that whatever we do, we could include
that. That needs -- that needs to be done on every road
coming into the county, if possible.
JUDGE TINLEY: Same thing going to Gillespie County
on 16.
COMMISSIONER OEHLER: Yeah. Well, I guess we're
just now getting to the point to where we need do something,
and that was the first thought. You know, the lady called me
and said, you know, "We'd like to buy one for the subdivision
and be in charge of manning the thing," take turns and
I whatever.
COMMISSIONER BALDWIN: I like that a lot. And, of
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COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: What --
COMMISSIONER OEHLER: As far as the rest of it
goes, well, I'll talk to TexDOT and see what --
COMMISSIONER LETZ: The policy is.
COMMISSIONER OEHLER: -- what their policy is.
COMMISSIONER BALDWIN: Is the sign -- is the sign
for the subdivision the exact same sign as you'd put up if
TexDOT said yes?
COMMISSIONER OEHLER: I would say so, one just like
in the picture here.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: Oh.
COMMISSIONER LETZ: It's on your backup.
COMMISSIONER BALDWIN: Is that what that second
~ thing is?
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER OEHLER: It looks like an official
state road sign; looks like the same size and everything.
It's made probably for that very reason.
COMMISSIONER LETZ: I think it would be interesting
to find out from TexDOT who -- on the ones like this, who
i flips it over.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER LETZ: I think it can be a -- that's a
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-- as much as we change the burn ban, we could have anybody
running ragged.
COMMISSIONER OEHLER: Yeah.
MR. ODOM: And the tort liabilities.
COMMISSIONER LETZ: Yeah, and also if you have it
COMMISSIONER BALDWIN: You have -- I tell you, you
know, you look at -- look at TexDOT and their -- and their
little signs that say "Subject to Flooding in Wet Weather."
That thing, they just leave them up all the time, because
they don't have the manpower to run around and fold them,
unfold them any more, or that's what's they say, you know.
I
I guess it's true.
COMMISSIONER OEHLER: One thing they do have,
though, is trey have a guy that goes around and picks up dead
animals every day, and he makes the run.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: He's going to be going right
by most of those areas.
COMMISSIONER LETZ: I think we need to, I mean,
figure out -- I don't -- if someone in the subdivision wants
to do it, that's great, be responsible for it.
COMMISSIONER OEHLER: That's what I propose in
this, and that leaves it up to them, and they need to -- you
know, they want people in their area to know whether the burn
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ban is on or off, for their own protection. And that'll stop
some of the phone calling. And sometimes those -- the web
site doesn't get updated, and -- you know, over the weekend,
and they don't know and that sort of thing. But, anyway, I
just thought it was a good idea. It's not really a cost to
us, but I do believe we need to do the installations on them
and make them consistent with our other signs. We don't need
to have residents coming in --
COMMISSIONER LETZ: Putting them on cedar posts.
COMMISSIONER OEHLER: -- putting them on rotten
posts, falling down. You know, it needs to go with the
signage that we -- that we use on the rest of the subdivision
roads.
JUDGE TINLEY: Mr. Emerson, should there be some
sort of a memorandum of understanding with, say, a
homeowners' group in a subdivision that's going to be
responsible for monitoring and keeping the sign current
insofar as burn ban on or off because of the potential
liability issues involved?
MR. EMERSON: If the homeowners' association is
going to purchase their own sign and maintain it as a private
sign, then no. If they're going to act in the County's
capacity to keep that sign current, then yes.
JUDGE TINLEY: So, what I'm hearing from you is
maybe we need to have, as part and parcel of our providing or
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installing the sign for them, some sort of a document that
they accept this not as an agent for the county, but rather
as private citizens for the information and education of the
citizens, homeowners, residents within their own subdivision,
and so that we resolve that issue.
COMMISSIONER BALDWIN: What if you don't have an
JUDGE TINLEY: Another good issue.
COMMISSIONER LETZ: I think the liability issue --
I mean, I have kind of a hard time. I don't see that it
really changes a whole lot. I mean, if the sign is down, it
says the burn ban's in effect, but just because it isn't down
doesn't mean there's no burn ban.
MR. EMERSON: I don't think there's --
COMMISSIONER OEHLER: They're not supposed to burn,
whether it's up or not, whenever the burn ban is on.
COMMISSIONER LETZ: Yeah.
COMMISSIONER OEHLER: That would be the only
problem.
MR. EMERSON: I don't think the liability is -- is
the big deal, because anybody that starts a fire is liable
for their own actions and the damages that can come from it,
whether the burn ban is on or not. The only issue that would
come up would be as to criminal citations that the Sheriff's
Department might write if we have officially
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County-maintained signs that are not current. Now, if
COMMISSIONER OEHLER: I like the private ownership.
SHERIFF HIERHOLZER: One thing I talked to Len Odom
about, and this may work for, like, the homeowners'
association or groups, is we've started back up pretty strong
in the neighborhood watch programs, and remember how the
subdivisions used to have the sign on neighborhood watch?
When I was talking to Len, 'cause we wanted to get a policy
together that if these neighborhoods want to put a
neighborhood watch program in and have a sign, that they pay
for all the materials and everything, but Len's people would
install it, and set a limit to, like, two a month that he can
install, so it wouldn't affect his crews too bad to go around
installing. And maybe something could be worked on that same
signpost where you could put a burn ban sign on that same
one, and have these neighborhood watch programs pay for it
and monitor it.
COMMISSIONER OEHLER: Could be on a speed limit
sign, too. A lot of those subdivisions have speed limit
signs going in.
SHERIFF HIERHOLZER: Yeah.
COMMISSIONER OEHLER: And you wouldn't have to
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JUDGE TINLEY: Len's shaking his head no.
MR. ODOM: No, sir.
COMMISSIONER OEHLER: Can't do that?
MR. ODOM: Not on a regulatory stein. You can't
put anything else on this 30 miles-an-hour. But, like, he's
talking about --
SHERIFF HIERHOLZER: But the neighborhood watch --
MR. ODOM: An advisory, you can put up to three
signs on it. But with the speed limits, that's regulatory;
only that sign that goes on that.
COMMISSIONER OEHLER: Okay.
SHERIFF HIERHOLZER: So that may be something,
'cause these groups are going to pay for their own
neighborhood watch sign and the posts, all that. And Len and
I -- kind of like years ago, the County did Crimestoppers
signs that way. We couldn't find that court order from the
Commissioners Court, but we were going to try and see what we
could find --
COMMISSIONER OEHLER: Yeah.
SHERIFF HIERHOLZER: -- about that.
COMMISSIONER BALDWIN: The Sheriff at that time
didn't need court orders.
SHERIFF HIERHOLZER: More powerful than this one, I
guess.
COMMISSIONER OEHLER: I move that we allow
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homeowners' associations or resident associations or private
citizens to purchase burn ban signs at cost, and the County
to install them.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on the motion?
COMMISSIONER BALDWIN: Well, yeah. I'm a little
bit unclear. Now, are they purchasing them from us?
COMMISSIONER OEHLER: Yes.
COMMISSIONER BALDWIN: So, we're purchasing 10 or
~ 20, or --
COMMISSIONER OEHLER: Purchase a few. And beyond
that --
COMMISSIONER BALDWIN: A few?
COMMISSIONER OEHLER: Well, I would say buy --
what, 10 at a time or something, Len? Eight or ten to start
with?
MR. ODOM: I guess so, sir.
COMMISSIONER OEHLER: Or five. I mean, some number
so that people can make them available.
MR. ODOM: How many -- may I ask this? How many
people have been talking to you that really want --
COMMISSIONER OEHLER: I only have one right now,
but I'm pretty sure there's going to be more.
SHERIFF HIERHOLZER: There's going to be a bunch.
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I've had a bunch ask why we don't have them.
COMMISSIONER OEHLER: Because it's not been made
available before.
COMMISSIONER LETZ: Falling Water has one. I don't
know where they got it. Well, it's in Kendall County.
COMMISSIONER OEHLER: But I don't know of a one in
~ my precinct.
MR. ODOM: Why don't we start at a half a dozen?
COMMISSIONER LETZ: Yeah, six.
MR. ODOM: Half a dozen, six. Let's see what comes
COMMISSIONER OEHLER: Yeah.
MR. ODOM: And then we go from there and see.
Because, I mean, it's not that the man doesn't go out, but we
don't want to be involved between crime watchers and -- and
"no dumping" signs and everything else, and all of a sudden
we start getting diverted from --
COMMISSIONER OEHLER: Yeah.
MR. ODOM: -- what I'm supposed to do out there for
regulatory signs or street signs.
SHERIFF HIERHOLZER: That's why we were saying a
policy where he would only have to install, like, two or
three a month, period, across the county. So --
COMMISSIONER OEHLER: Well, how long does it take
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to get those once you order them, or do you have any idea?
MR. ODOM: We'd have to make them. We'd have to
get the blanks, and we'd probably put "Burn Ban in Effect" or
something, just put on it, that yellow sign.
MS. HOFFER: I think they got the quote on them.
Few weeks.
MR. ODOM: They're expensive with the flip-up --
COMMISSIONER OEHLER: With the hinge on them.
MR. ODOM: With the hinge on them.
COMMISSIONER LETZ: They're $116.
COMMISSIONER WILLIAMS: Question.
MR. ODOM: But it can be done.
COMMISSIONER OEHLER: It can be done. And even if
people had to wait a week or so to get one if you didn't have
any, I don't think -- you know, that's not a big issue. It's
a matter of, can they get them? And you can have them at a
certain time.
MR. ODOM: Working within a reasonable length of
I time.
COMMISSIONER OEHLER: Yeah. I don't want you to
encumber your sign money now, having an inventory of signs
waiting for somebody to purchase them.
MR. ODOM: We'll probably have to come back for an
addendum if there's a bunch of them -- or what do you call
it? Budget amendment. Because of the way the accounting is
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and all, it will use up my money, but I'll have to come back
to --
COMMISSIONER OEHLER: It will come back.
MR. ODOM: It comes out the same eventually, but
it's a different way of doing it.
JUDGE TINLEY: So, your motion would include half a
dozen, six?
COMMISSIONER OEHLER: Yes, sir.
JUDGE TINLEY: That Road and Bridge acquire six of
I those?
COMMISSIONER WILLIAMS: Yes, Judge.
JUDGE TINLEY: Yes.
COMMISSIONER WILLIAMS: Commissioner, will your
motion also include Leonard contacting TexDOT so see about
getting a sign on roads coming into the county?
COMMISSIONER OEHLER: We can do that.
COMMISSIONER LETZ: I think it's a separate issue.
COMMISSIONER OEHLER: Yeah. Let's do that at
another meeting. In fact, I can just talk to Mike and find
that out.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER OEHLER: I don't believe we need to
make that part of the --
COMMISSIONER LETZ: I think that if you would add
to it that the County Attorney prepare, like, a one-page
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document that it's not a county sign that they sign -- that
people have to sign at Road and Bridge.
COMMISSIONER OEHLER: Right.
COMMISSIONER BALDWIN: So your language that says
that Road and Bridge will get signs, poles, whatever, that
means that the money comes out of Road and Bridge budget?
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER OEHLER: But then they'll be
reimbursed whenever they're sold.
COMMISSIONER BALDWIN: Okey-dokey.
COMMISSIONER OEHLER: Motion to also include a --
what? A letter from the County Attorney? Or a -- what do
you call that?
COMMISSIONER LETZ: Agreement.
COMMISSIONER OEHLER: An agreement that would be
~ signed --
JUDGE TINLEY: Status agreement, probably.
COMMISSIONER OEHLER: -- by each purchaser of a
~ sign.
JUDGE TINLEY: Yeah.
COMMISSIONER OEHLER: Between Kerr County and the
resident or --
JUDGE TINLEY: And the resident.
COMMISSIONER BALDWIN: Signs only? I mean, I see
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two prices in here.
COMMISSIONER OEHLER: Well, signs will either be
put on existing or --
COMMISSIONER BALDWIN: You can get --
COMMISSIONER OEHLER: -- installed.
COMMISSIONER BALDWIN: Do you buy your poles by the
truckload of poles, so you get a special price kind of thing
for them?
MR. ODOM: Yes, sir. Then we cut them up.
COMMISSIONER BALDWIN: If you purchase, you're just
going to purchase the sign. No?
MR. ODOM: I'm sorry, what was -- oh.
MS. HOFFER: We already have the poles. We use
them for other signs.
COMMISSIONER OEHLER: They already have poles.
COMMISSIONER BALDWIN: There's two different prices
on here, sign only or hardware --
MS. HOFFER: All the hardware that's on there,
that's stuff we normally carry. The only thing we wouldn't
normally carry would be that sign.
MR. ODOM: It depends -- yeah, depends what the
situation is. If you just put a sign up, the costs
associated with that -- the brackets, the sign itself, if we
have to install the pole, there's a breakdown of the cost
totally for the County to do that. Labor, the whole thing.
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COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Satisfied?
COMMISSIONER BALDWIN: Not really. I mean, it's
going to be a storm of how much the homeowners' association
is going to pay.
COMMISSIONER LETZ: 184 if it's a sign and pole,
116 if it's a sign.
COMMISSIONER BALDWIN: Well, he just got into
brackets and --
COMMISSIONER LETZ: It's all on the thing.
COMMISSIONER OEHLER: It's all on there.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: Bracket costs --
COMMISSIONER BALDWIN: I'm satisfied.
COMMISSIONER LETZ: A set of clamps is $8.92.
COMMISSIONER BALDWIN: I'm exited about it. I want
~ one.
JUDGE TINLEY: Any other question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Let's go to our
10 o'clock timed item; consider, discuss, and take
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appropriate action to open the annual bids for road base,
cold mix, aggregate, emulsion oil, and corrugated metal pipe.
Okay. The first one we have is for base materials from
Walter Masters. Next one is for road base material from
Allen Keller. Next one is base material from Reeh Quarry.
li Next one is for corrugated metal pipe from Contech
Construction Projects. Next we have for paving aggregates --
all these are from Martin Marietta. Paving aggregates,
emulsion oils -- no, it says no bid. Okay. Base material,
and asphaltic hot mix/cold mix. Next one we have is
corrugated metal pipe from Texas Corrugators, South Texas
Region 2. Next one is emulsion oils from Ergon Asphalt and
Emulsions. And the last one is from Vulcan Construction
~ Materials for paving aggregates and hot and cold mix
asphalts.
COMMISSIONER LETZ: Judge, I move we accept all
bids and refer them to Road and Bridge.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded. Further
question or discussion on that motion? All in favor of that
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
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MR. ODOM: Thank you.
JUDGE TINLEY: Let's go to Item 7; consider,
discuss, take appropriate action on revised census PSAP data
COMMISSIONER WILLIAMS: Thank you, Judge. We had a
meeting last week. Mr. Kruse came down from AACOG, and
Commissioners Baldwin and Letz and Oehler were there, and we
talked about the issues of the points that were raised by the
Commissioners with respect to the blocks and tracts map that
AACOG prepared for us. And the only thing that came out
subsequent to that was -- and I've spoken with Commissioner
Oehler about this. There -- we had talked about the -- one
of the boundaries splitting Tract 9603 has some illegal
boundaries along the northerly split. It was marked in blue
on the map, and seeing the boundaries as a combination of
private roads and non-visible boundaries to create a census
area. I spoke with Bruce about this, and he didn't know that
at the time when we -- we outlined that and so forth. Bottom
line is that we're moving it to 1340, which goes out -- out
that way, and that creates a good separation for that
particular block. Otherwise, all the things that were
discussed I think everybody understands, and are -- are
reconciled, and that will be the finalized map, unless
there's some other questions about it.
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COMMISSIONER LETZ: Did he have an answer about the
lack of homes or too many homes in areas?
COMMISSIONER WILLIAMS: The four homes on Lane
~ Valley?
COMMISSIONER LETZ: Four homes on Lane Valley.
JUDGE TINLEY: I thought it was three.
COMMISSIONER WILLIAMS: Three. He was going to go
back to the City and see if he could address that with the
Appraisal District, that cluster of dots and so forth. Most
likely, in terms of the city -- within the city limits, they
were building permits that were issued for minor repairs,
additions to homes and so forth and so on, which created all
that --
COMMISSIONER LETZ: Cluster.
COMMISSIONER WILLIAMS: -- that cluster that looked
like a lot of new housing that really wasn't new housing. He
was going to clarify that. But that's not what goes on to
the census people; it would be this map that goes on to the
census people.
COMMISSIONER BALDWIN: So, a dot -- this dot could
have been just an added porch.
COMMISSIONER WILLIAMS: It could have been, yeah,
something like that.
COMMISSIONER BALDWIN: Not necessarily a new
I residence.
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COMMISSIONER WILLIAMS: Exactly.
COMMISSIONER OEHLER: I thought it had to be
building permits. It wasn't people only doing renovation.
COMMISSIONER WILLIAMS: Not new, 'cause there's
just not that much new construction in town. So, I --
COMMISSIONER OEHLER: No. Really, the only change
in my precinct was the division line they had proposed with
Wilson Ranch Road, which is not even hardly accessible any
~ more.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: You can, but there's --
nobody lives back there but about maybe half a dozen people
at the most.
COMMISSIONER BALDWIN: Probably not recommended.
COMMISSIONER OEHLER: It's not recommended to drive
through there without permission. (Laughter.)
COMMISSIONER WILLIAMS: And also to follow the
I creek.
COMMISSIONER OEHLER: So, we took 1340 and saw that
as a better option.
COMMISSIONER WILLIAMS: So, I'd move approval of
the PSAP data and maps prepared by AACOG for Kerr County for
subsequent submission to census when necessary to do so.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
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indicated. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's go to
Item 9; consider, discuss, take appropriate action to
determine whether or not a policy change is needed in the
Facilities Use policy for the Hill Country Youth Exhibit
Center to include all nonprofits listed under 501(c) section
of the I.R.S. Code. I put this on the agenda as a result of
some previous discussions, and the Auditor was kind enough to
furnish us with a classification of -- of what these various
classifications were, 501(c)(3) through -- is it (9)? And
I -- I put a change in the policy on a draft basis that would
require they could be any -- any of those classifications.
But in addition to being that classification and providing
documentation that they were one of those classifications,
they also had to be placed on the list by the action of this
Court, on an individual basis, and there were some criteria
in making that determination, to include, but not necessarily
be limited to, the organization benefits the community, and
whether or not they have a local branch or office here in
Kerr County, or a local benefits-type test. And that's the
draft language you have in there. It would allow any of
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those classifications to be eligible for approval, but --
COMMISSIONER BALDWIN: 1 through 9?
JUDGE TINLEY: Three through 9, whatever they are,
yeah.
COMMISSIONER BALDWIN: Whatever it is.
JUDGE TINLEY: But the actual approval on each
individual case would be done by the Court, and that we would
look at local benefit criteria and -- and local participation
criteria, among other things, to make that determination.
COMMISSIONER WILLIAMS: So that if a social Group,
which could be -- have a tax-exempt status, were to come
before us for a reduced rate, then we would apply the
language of this paragraph to determine community value,
basically, and if we determined that was the case, then we'd
grant it?
JUDGE TINLEY: That would be only -- that would be
some of the criteria, but not necessarily all. The -- the
discretion would rest with this Court.
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: And if the -- say it's a square
dance club, for example, a social group.
COMMISSIONER WILLIAMS: Mm-hmm.
JUDGE TINLEY: And, obviously, the -- the funds
that were raised by the group were, say, to benefit a
scholarship program for local area students. I'd say that
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would be an undertaking we would have. If the funds raised
were to throw a big riotous party for members of the square
dance group, then maybe not. If none of the members of the
Court were members of the group, we might look at it
differently.
COMMISSIONER BALDWIN: Yeah. You say square
dancing?
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: No line dancing, though?
JUDGE TINLEY: Well --
COMMISSIONER BALDWIN: Square dancing.
JUDGE TINLEY: Could be.
COMMISSIONER WILLIAMS: Chicken wing stuff.
COMMISSIONER BALDWIN: All right, let me ask you
this. You know we have an agenda item coming up, the Arts
and Crafts Fair that is asking for membership.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER BALDWIN: Are they going to -- are
they going to be asked the question, "What benefit do you
have for the community? Do you offer scholarships or et
cetera?"
JUDGE TINLEY: If it's not obvious otherwise, yeah.
COMMISSIONER BALDWIN: I'm just using --
JUDGE TINLEY: Some of those things, we'll know.
COMMISSIONER BALDWIN: -- using them as an example.
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JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: All right. And let's
pretend that they say, "Yes, we give two scholarships per
year." Are we going to ask them for proof, or do we take
their word for it?
COMMISSIONER LETZ: I think to answer --
COMMISSIONER BALDWIN: That's a fair question.
JUDGE TINLEY: I -- I think you take people at
their word until you're given the opportunity to distrust
them.
COMMISSIONER BALDWIN: I agree 100 percent.
COMMISSIONER LETZ: I look at it a little -- I
won't say different, but I see that we're never going to not
give someone free use of the -- or a discounted rate. I just
don't see us ever crossing that line, because they're going
to come to us and it's probably going to be given. I'd
rather put some criteria in here that they have to give us a
tax return, give us some stuff that shows that they're real,
proof of what they use the funds for, and get it out of it
being subjective, 'cause I'm not real in favor of doing a
whole lot more than we're already doing, because we're
already losing money out there, and I don't like losing more
money and designating certain groups and giving them a
discount a little bit. So, I mean, I -- if we're going to --
25 ~ and I think this should be added to the policy even now. You
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know, I don't mind expanding it, but I think we need to have
more information provided so that Jody doesn't, you know,
have to come to us all the time, and it's -- you know, she
can say, okay, yeah, you can get it, but you have to provide
this, this, and this. If you make it hard enough, they
probably won't ask for all that stuff. They don't have it.
COMMISSIONER WILLIAMS: I think it's a good point.
COMMISSIONER LETZ: I just don't want -- you know,
I'm not real in favor of some of these social groups,
~, necessarily, getting discounted. Why should I have to
subsidize a social group going out there using that facility?
COMMISSIONER BALDWIN: So, you're going to start
picking and choosing out of this 3 through 9 of who can and
who can't use it?
COMMISSIONER LETZ: That's the -- I don't want to
pick and choose. I want to make it pretty tough for them to
get. It's not just you're a 501 (c) something to get on
there. Then you have to have -- you have to provide some
documentation to prove that you really do what you say.
COMMISSIONER BALDWIN: Yeah. And offering
Commissioners Court free square dancing lessons and --
COMMISSIONER LETZ: Right, that might work.
That'll work.
COMMISSIONER BALDWIN: Uh-oh.
COMMISSIONER LETZ: How much -- wait, before we get
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to Jody, how much do we discount it right now for these --
MS. GRINSTEAD: You take off the entire rental fee,
so discount on the exhibit hall would be 350. But, like,
indoor arena is $500. The only thing we charge if they're a
nonprofit at this point is set-up and take-down fees, tables
and chairs, then insurance, security, that kind of stuff, but
II, we don't make any money off that.
', COMMISSIONER LETZ: We might as well start letting
it go for free.
MS. GRINSTEAD: It really is a huge discount for
some agencies.
JUDGE TINLEY: Tim?
MR. BOLLIER: My question is, you know, you keep
letting people come in there and we keep giving them
discounts and everything. Well, who's paying for these
people to go out there? The taxpayers. That's exactly
right, the taxpayers of Kerr County that are actually getting
nothing -- getting nothing out of it. They're just paying
for somebody to be in that barn. And most of the taxpayers
of Kerr County don't even know they're doing that.
COMMISSIONER LETZ: I agree. That's basically what
I just said.
MR. BOLLIER: I mean, that -- I don't know that
that's a -- I don't know that that's the fair way of doing
it.
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COMMISSIONER BALDWIN: Well --
COMMISSIONER OEHLER: We need to adjust our fees.
COMMISSIONER LETZ: I don't know. You know, I
almost go back to the point, if you go to the Alamodome or
one of those things, I guarantee you, they're not letting Boy
Scouts get that thing free, or -- or something like that. If
you have high school football games there, they got to rent
the thing.
COMMISSIONER WILLIAMS: Right.
I
COMMISSIONER LETZ: I think they ought to pay
something at a minimum, maybe a minimum of 50 percent, if
we're going to start expanding the list. And I still think
they need to prove that they're --
COMMISSIONER OEHLER: That's what I thought we were
doing, but I guess we evidently aren't. I must have missed
it.
COMMISSIONER WILLIAMS: Are discounts greater than
50 percent?
COMMISSIONER LETZ: Free.
MS. GRINSTEAD: What you've agreed to do is, you've
waived the base rental fee, so yes, in most instances, it's
at least 50 percent. When you guys revamped everything,
that's what you chose to do for nonprofits, especially with
the indoor arena. It's a huge discount, because they don't
rent tables and chairs, so you're not making any money off
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that. They basically pay typically a $300 set-up/take-down
fee for the arena or whatever, barrel racing, whatever
they're doing.
COMMISSIONER OEHLER: Okay. Give -- tell me what's
going to happen whenever -- what's the rate going to be for
the wild game dinner coming up April 18th, I believe? What's
the -- what's the total they're going to be paying?
MS. GRINSTEAD: I'd have to go pull the contract.
Do you want me to do that?
COMMISSIONER OEHLER: What is it, around $1,100?
MS. GRINSTEAD: Because they rent all the tables,
their contract would go up in price. But they're not paying
for -- and if they're using the indoor arena and exhibit
hall, that's $850 you've waived.
COMMISSIONER OEHLER: Yeah. Well, in the past,
before this -- this time, before this year, they were paying
$165 for the whole thing, so now they're going to be paying
about 1,100, from what I understand, between 1,100 and 1,200,
which makes a lot more sense. Of course, there's a lot more
work. Tim has to take down a lot of stuff. He has to pack
the arena. You know, he's got to set up all the tables and
chairs and clean up and all that. But we're getting off the
item, aren't we?
COMMISSIONER WILLIAMS: Not really.
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COMMISSIONER BALDWIN: Well, I don't know about
JUDGE TINLEY: We'll, we're talking about nonprofit
COMMISSIONER BALDWIN: Absolutely. So, I think --
you know, if we're going -- if we're to the point to where
we're -- it's costing the taxpayers money for Sally Sue's
social dance club to go out there and have a function, I
would rather have the stock show, lock the doors, and open it
up the next stock show before I would want to spend
taxpayers' money on these weekend functions. If we can't
charge to where -- where we're at least paying -- and I'm not
talking about making money. At least break even.
COMMISSIONER OEHLER: I don't believe --
COMMISSIONER BALDWIN: Lock the doors.
COMMISSIONER OEHLER: I believe that's what we're
doing, for the most part. On -- on those days, you know, of
what it costs to set up on that day, and what it costs to
tear down, I think that's where we determined that cost, is
what our actual costs were. But I do believe that we do need
to tighten up some areas, even more so than we already have,
and start charging enough to make a difference. At least --
now, I don't agree that the taxpayers ought to subsidize
every -- everything that goes on out there. I don't think
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that's right.
COMMISSIONER WILLIAMS: Well, we've covered this
ground before in terms of -- of this discussion with respect
to covering our costs, and we're not doing that. And we need
to go back to square one and take a look at --
COMMISSIONER OEHLER: Let's revisit it on the next
agenda.
COMMISSIONER LETZ: I think -- well, I think
Jody -	- we have to	make	some	decisions on	some	of	this.
We've	-- this has	been	going	on. I don't	think	we	're losing
money, because the setup fees, which is where those costs
are, we're collecting those now, even for the nonprofits.
COMMISSIONER OEHLER: Yeah.
COMMISSIONER LETZ: It's the income side that
covers our -- kind of our fixed costs that's not being
covered by the nonprofits.
COMMISSIONER OEHLER: Well, and what we are
subsidizing is where our -- where all the cost is that we're
not recovering from rentals. All right.
MR. EMERSON: Can I make a recommendation?
COMMISSIONER WILLIAMS: Sure.
MR. EMERSON: That y'all make a decision today on
whether to include all nonprofits listed under 501(c) of the
I.R.S. Code. Put off the financial part till another agenda
item.
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COMMISSIONER BALDWIN: I agree.
COMMISSIONER OEHLER: I agree.
MS. GRINSTEAD: Well, it's all kind of one and the
same, though, because I need to figure out what to charge
based on their nonprofit status.
COMMISSIONER LETZ: Well, to me, I'd like to leave
it at 501(c)(3), only get rid of 9 or whatever it was we have
on there.
MS. GRINSTEAD: Six.
COMMISSIONER LETZ: Six. Get rid of 6. 501(c)(3),
period. 'Cause those are the bigger ones, seems to me, on
the list. The -- I don't -- better be careful with the words
I use here. Those are the bigger organizations, for the most
part. And it gets us away from the social clubs, some of
those other things that -- you know, I think we're going down
a slippery slope. So, I'll make a motion that we amend our
use policy to only include 501(c)(3) organizations.
COMMISSIONER WILLIAMS: Okay. Do you know what a
501(c)(3) is, before we second that?
COMMISSIONER LETZ: It's on my desk. I can't
remember.
COMMISSIONER WILLIAMS: Religious, educational,
charitable, scientific, or literary organizations, testing
for public safety organizations, organizations preventing
cruelty to children or animals, or fostering national or
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international amateur sports competition. That's 501(c)(3).
COMMISSIONER LETZ: Charitable was in there, and I
think that's a good one. While it isn't in front of you, it
is on -- I didn't see it in here.
COMMISSIONER WILLIAMS: It's the A, next one on the
~ agenda.
COMMISSIONER BALDWIN: Do literacy people square
dance?
COMMISSIONER WILLIAMS: Sometimes.
SHERIFF HIERHOLZER: Educational, Buster.
COMMISSIONER OEHLER: You have a thing about square
dancing over there.
COMMISSIONER BALDWIN: Well, he brought it up, and
it's kind of like Buzzy's -- eating at Buzzy's, you know.
JUDGE TINLEY: Jody, do you have a question?
MS. GRINSTEAD: Can we bring this back next time to
address those you've already approved if they're not
501(c)(3)'s?
JUDGE TINLEY: I don't think we can prejudice
existing contracts.
COMMISSIONER BALDWIN: Right.
JUDGE TINLEY: If they've already entered into a
I contract.
MS. GRINSTEAD: For this year. Next year, though?
COMMISSIONER WILLIAMS: Or renewal of a contract.
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MS. GRINSTEAD: Bring that back next time?
COMMISSIONER WILLIAMS: You can set the policy
moving forward, or for the renewal of any existing. Am I
correct, Judge? New policy? There's an affirmative nod out
there. I'm not sure to what, but there's an affirmative nod.
JUDGE TINLEY: A very disguised affirmative nod.
COMMISSIONER WILLIAMS: Yeah, right.
JUDGE TINLEY: We have a motion. Do I hear a
second? That motion dies for lack of a second.
MS. HARGIS: I just wanted to say, 501(c)(3)
criteria is much more difficult to obtain, and that's the
reason for the others. So, it is -- it's very specific that
you have to be a -- you know, an organization involving
pretty strict criteria.
COMMISSIONER LETZ: I'll make a motion that we
leave the policy as-is, which includes 501(c)(3) and
501(c)(6) And (c)(6) includes business leagues, chamber of
commerce, and real estate boards.
COMMISSIONER BALDWIN: Okay, hold on just a second.
I think I'm there.
COMMISSIONER LETZ: What it doesn't include -- want
me to read the rest of the list? Four is -- (c)(4) is civic
leagues, social welfare organizations, and local associations
of employees. (c)(5) is labor, agricultural, and
horticultural organizations. Seven is social and
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recreational clubs. Eight is fraternal beneficiary
societies, and 9 is voluntary employee beneficiary
associations.
JUDGE TINLEY: Commissioner, do you really need to
have the Court reaffirm an existing policy? I mean, that's
what's in existence right now.
COMMISSIONER LETZ: That's true. Well --
COMMISSIONER WILLIAMS: (c)(3) and (c)(6)? You're
right.
COMMISSIONER LETZ: No one seconded that one
either, did they?
COMMISSIONER BALDWIN: Well, not yet, but, you
know, I'm working on it. But I'm looking -- like, on this
(c)(4), you have social welfare organizations. What's wrong
with them -- including them in this thing? Second.
JUDGE TINLEY: We have a motion and a second to
reaffirm our existing policy that our not-for-profits are
501(c)(3) and 501(c)(6) Any discussion on that motion? All
in favor of that motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER BALDWIN: So, we did absolutely
nothing.
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COMMISSIONER OEHLER: Nothing.
COMMISSIONER WILLIAMS: Nothing. (Laughter.)
COMMISSIONER BALDWIN: In Washington, we'd be
heroes, though, you know?
COMMISSIONER WILLIAMS: Get a merit badge.
JUDGE TINLEY: Let's go to our 10:15 timed item
that we were unable to get to in a timely manner because we
did nothing. Consider, discuss, and take appropriate action
on request from the Texas Arts and Crafts Educational
Foundation to be added to the nonprofit list to receive a
', reduced rate at the Hill Country Youth Exhibit Center.
COMMISSIONER WILLIAMS: Are you a 501(c)(3)?
MS. CARR: We have a 501(c)(3); I have my proof of
501 (c) (3) .
COMMISSIONER BALDWIN: Do you have it in
triplicate?
', MS. CARR: I don't, I'm sorry.
COMMISSIONER WILLIAMS: Signed in blood.
MS. CARR: But I would be happy to -- I'm sorry.
COMMISSIONER LETZ: I move approval of the agenda
I item.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on the 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: That motion does carry. Would you
give that...
MS. CARR: I will. Thank you very much.
COMMISSIONER WILLIAMS: Thanks for coming, Penni.
MS. CARR: No problem.
COMMISSIONER BALDWIN: Hi, Penni. Are you charging
the Bark for Life people?
MS. CARR: No.
COMMISSIONER BALDWIN: Okay, thank you. Bye.
MS. CARR: Bye.
COMMISSIONER BALDWIN: Slipped that one in before
Rex caught us.
JUDGE TINLEY: Let's go back to Item 15.
Commissioner Williams has requested that we go back to that
item dealing with the resolution to apply for 2009-2010 Texas
Community Development Block Grant assistance under the
Colonia Fund. Eric Hartzell with Grantworks is here. There
were some questions raised. We passed the resolution, but
there were some questions raised about some of the aspects of
that.
MR. HARTZELL: Okay.
JUDGE TINLEY: I think the primary question that --
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that I heard was, we don't want any individual homeowners who
are in need of this kind of assistance to be put into a
position where they're dealing -- those folks, to some
degree, are going to be less sophisticated in business
dealings, and they're going to be dealing with some of these
installers, 'cause we're not involved in that. And will
Grantworks, as the administrator of that grant, be overseeing
those contracts with those installers to make sure that they
are fair and there's not overreaching on the part of the
installers?
MR. HARTZELL: Okay. "Overreaching" in terms of?
There will be a set price, and the installers will all --
we'll manage the bid process -- is that what you mean? -- to
make sure that there's a fair price.
JUDGE TINLEY: Charged by the installer for the
installation of the new system?
MR. HARTZELL: That's right. And then the -- yeah,
there will be a standard contract that will be -- that will
be -- that's been used in all the other counties that have
done this between the installer and the homeowners. That
does have some additional protections, probably more than
what they would get under a normal contract with an
installer. There's a warranty as well that's -- that's put
on the installation. And then, of course, the County's
inspector would still do their normal functions, making sure
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everything was in the ground correctly, however y'all handle
those -- that process.
JUDGE TINLEY: But the cost of installation will
also be a part of that agreement?
MR. HARTZELL: Right.
JUDGE TINLEY: That you would insure that that cost
is reasonable based on a bid basis?
MR. HARTZELL: Yes. And the grant will allow for
change orders if there is some unforeseen -- you know, y'all
have a lot -- you guys have a lot of rock and other things
that might pop up once they get into the ground, and we can
do a change order and use grant funds to cover any overage,
so there won't be any cost to the homeowner themselves. One
thing that we run into every once in a while is if you have
a -- the need for an aerobic system. In this case, the
homeowner would choose whether they want to go forward or
not, because there can be some higher costs of maintenance.
I don't know if y'all have very many aerobic --
COMMISSIONER LETZ: A lot. Too many.
MR. HARTZELL: There's a lot?
COMMISSIONER OEHLER: Way too many.
that they have to install them. But --
COMMISSIONER LETZ: They're the -- they're the
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preferred system sold by the installers, 'cause they're
profitable for them.
MR. HARTZELL: Okay, yeah. What we would --
there's a soil -- the soil and site evaluator will be an
independent party, and so they -- they'll be the one that
would make the determination as to which system would be
necessary. But they wouldn't be allowed -- a lot of times
the soil and site people have a side business of doing the
installation too. That's not allowed. Yeah, we keep that
totally separate. There would be one soil and site evaluator
that would be hired by the County for all the systems -- all
the folks on the list, and then that person would be
independent of the actual installers, who would be separate.
COMMISSIONER WILLIAMS: Hired by the County, but
paid by the grant?
MR. HARTZELL: Paid by the grant, yes. Yes, very
important point, right.
COMMISSIONER OEHLER: You beat me to it.
COMMISSIONER WILLIAMS: Just wanted to make sure.
COMMISSIONER LETZ: Eric, could we -- is it
possible to do our -- do the -- I guess, the bid process to
exclude aerobic systems? Because there's almost -- I can't
think of a situation when you cannot do another system. It
may cost more, but you can do it. And I -- and I don't --
I'm not sure that that's always put forward to the
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homeowners.
MR. HARTZELL: Right. Yeah, that would be
include in the guidelines, that aerobics will be -- we just
say they're not -- we won't bid them. They'll have to be
installed as a regular drainage -- drainfield system. If
there's absolutely no way that we could replace what's there
with a -- because of the lot size, that's usually the only
thing that limits it, really, small lots. Then we could --
we could have it come back to the Court; y'all could decide
at that point if it's going to be too big of a burden on the
homeowner on the back end.
COMMISSIONER LETZ: Could we have, at some point, a
workshop when we have the Environmental Health manager up
here -- or executive director, I think he's called nowadays,
up here at some point, and kind of go over these -- I mean,
he's the one that really needs to be involved in what works
and what doesn't work. I don't want to make this process so
it doesn't work at all. So -- but aerobics is not,
certainly, my favorite type of system.
COMMISSIONER WILLIAMS: Eric, when are the rules
set? After the grant has been awarded, or prior to the grant
~ being awarded?
MR. HARTZELL: The rules will be set after the
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grant's awarded. There -- the only requirements of the grant
are that we target the lower income people. That's their
only threshold. Beyond that, the County gets to make
whatever rules you want as far as who gets the assistance,
what kind of -- that's all very flexible. To be honest,
we've done, I guess, maybe 12 of these around the state, and
we pretty much are the only ones that do these -- the only
company that does them, so we kind of do the rules and the
State does -- they do what we ask them, usually. We don't
have any problem with flexibility.
COMMISSIONER LETZ: Funny how that works.
COMMISSIONER WILLIAMS: So, if we get a letter
advising us we've been awarded that grant, we can call you
and do a workshop with our Environmental Health people?
MR. HARTZELL: Yes.
COMMISSIONER WILLIAMS: We can go over all these
MR. HARTZELL: We would definitely want that.
That's the most critical part of these being successful, is
getting the Environmental Health people on board and
coordinated. And every county's different. Everybody has,
certainly, different procedures and how they handle their
processes, and some -- some are real sophisticated.
Guadalupe County is probably similar to you guys; you each
have your own professional staff. Other counties have -- we
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I
actually had one county had to go out and hire an inspection
person; they've never had an inspector before. They've never
inspected before, probably. That was in South Texas. And,
so, they now have an inspector full-time. So, anyway, we
certainly will do that.
COMMISSIONER WILLIAMS: Make sure everything is
black and white to the extent we can do so, and eliminate the
gray, or eliminate any opportunities for people to be taken
advantage of.
MR. HARTZELL: Right. Exactly, yeah. We
definitely would want to work that way, too. These things
can be -- these are difficult projects for us to manage,
'cause we're dealing with all these different individual
homeowners, and so the clearer we can be at the beginning
with the rules, the better.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: If you can wait around for
a couple minutes, we can probably get that -- that resolution
signed, and they can take it back with them.
MR. HARTZELL: Okay, thank you.
COMMISSIONER BALDWIN: Let me ask a question -- or
somebody a question. Can we -- could we lay down a map of
Kerr County and pinpoint the colonia areas?
MR. HARTZELL: Right. We have maps of those that
we did in that plan -- the plan a few years ago, I'm sure you
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remember.
COMMISSIONER BALDWIN: I do.
MR. HARTZELL: And those areas were outlined in
that plan. And so the ones that are mentioned -- I believe
I'd sent something to y'all, maybe after the last meeting.
COMMISSIONER WILLIAMS: Yeah, it's in there.
MR. HARTZELL: That had a list of the area. I can
read them to you.
COMMISSIONER BALDWIN: And how do we -- how do we
-- once we get the grant, or apply for the grant, how do we
prioritize which areas -- colonia area is first and which is
second and et cetera, et cetera, et cetera?
MR. HARTZELL: Yeah. The folks who --
COMMISSIONER LETZ: Three and four go first.
MR. HARTZELL: Right, do it by precinct.
COMMISSIONER BALDWIN: No, this is one. Wrong.
Wrong, wrong, wrong. (Laughter.) Do you enjoy being here?
MR. HARTZELL: I do, actually. To be honest, I'm a
little worried about --
COMMISSIONER BALDWIN: I'm not signing a damn thing
yet.
MR. HARTZELL: I'm a little worried about not
getting enough applications in Kerr County. Y'all don't have
a tremendous number of folks in these eligible colonia areas,
mainly because Center Point is probably where the biggest
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need would be, the most concentrated, besides Kerrville
South, which already has sewer, and then Center Point's
areas that are either -- obviously, if there's already sewer,
they wouldn't be eligible, or if they're imminently going to
receive sewer, there's plans to receive centralized sewer,
they would be excluded. And this doesn't leave you a
~! tremendous number of areas left. We're doing a similar
project in Tom Green County that has a colonia area
population of triple, probably, Kerr County's, and we got
about 40. So, I'm figuring 20, 25 is what we would see here.
So, as far as prioritizing, we would prioritize by household
based on the guidelines that we talked about earlier. If you
say okay, well, we know they have to income-qualify, so --
and we think we may have more than we can do with our money,
let's say elderly would be the next priority, and then maybe
large families who, you know, need it. You could do that.
You would have -- prioritization won't be by area; it would
be more by income, or the individual households. You could
also prioritize if you had particularly environmentally
sensitive issues. It's all up to you. We could tailor it
however you'd like.
COMMISSIONER BALDWIN: You could do it by area that
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MR. HARTZELL: Sure. I mean, the --
COMMISSIONER BALDWIN: Kerrville South.
MR. HARTZELL: Right. Right, Kerrville South. And
you're talking about the -- like, the area west of Camp
Meeting?
COMMISSIONER BALDWIN: Correct.
MR. HARTZELL: Yeah. That's probably the largest
area that is on the list, in fact.
COMMISSIONER BALDWIN: That would probably be --
MR. HARTZELL: It's going to be the most --
COMMISSIONER BALDWIN: Be the top of the list,
wouldn't it?
MR. HARTZELL: Yeah -- I mean, it can be. That's
your decision.
COMMISSIONER BALDWIN: Well, the decision is
officially made.
COMMISSIONER WILLIAMS: Pretty clever
gerrymandering you did there, Commissioner.
COMMISSIONER BALDWIN: Well, thank you. Do you and
I need to speak in private?
MR. HARTZELL: I'll do whatever you guys want.
Just let me know. But, yeah, definitely, when we set up the
guidelines, if there are specific areas that you feel are,
you know, higher priorities than others for whatever reason,
the Court can make those decisions.
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COMMISSIONER BALDWIN: Thank you.
COMMISSIONER WILLIAMS: Thank you, Eric.
JUDGE TINLEY: Thank you. Appreciate it.
MR. HARTZELL: Thank you. Good to see you guys.
COMMISSIONER BALDWIN: How many years have you been
coming around? We've been dealing with you several --
MR. HARTZELL: It's been 10. We started in 1999.
Does that sound right, Commissioner?
COMMISSIONER WILLIAMS: About right.
MR. HARTZELL: In Kerrville South, the first grant
was in 2000, so it would be have been '98, '99. So, you guys
have -- well, all of you have been here the whole time, yeah.
Wow.
COMMISSIONER OEHLER: I've been gone for a while.
MR. HARTZELL: You were here and back, right. I
wanted to say just real quick -- I'm sorry to take a little
bit more time, but I heard from a mutual friend of ours, Jim
Brown, that you just celebrated your 50th anniversary, and I
wanted to congratulate you.
COMMISSIONER WILLIAMS: Bad news travels fast.
MR. HARTZELL: Right. (Laughter.)
JUDGE TINLEY: Okay. Why don't we take about a
15-minute recess.
(Recess taken from 10:40 a.m. to 10:58 a.m.)
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JUDGE TINLEY: Okay, let's come back to order from
our recess. Let's go to Item 11; consider, discuss, and take
appropriate action to approve a resolution supporting use of
federal stimulus funds for the Center Point/East Kerr County
wastewater and water projects. Commissioner Williams?
COMMISSIONER WILLIAMS: Yes, sir. Judge, this is a
rework of the resolution that was originally before the Court
as a joint resolution with the City of Kerrville, and which
you will recall I reported to the Court was turned down by
the City of Kerrville for reasons earlier expressed. And so
I brought it back, reworked it, talked about the current
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COMMISSIONER LETZ: Second.
JUDGE TINLEY: I see a question coming.
COMMISSIONER LETZ: No, a second. I was waiting.
status of the stimulus bill, identified the bill, and made it
solely a Kerr County resolution. And it -- it identifies in
the resolution the fact that the Texas Water Development
Board has approved us as a -- for funding under the EDAP
program, and that they've awarded planning and for
preliminary engineering money, so that's kind of what it's
all about. That's the way the new resolution has been
fashioned, and if we're still of a mind to try to get some
additional stimulus funding, maybe we can move this on.
JUDGE TINLEY: And you're moving approval?
i COMMISSIONER WILLIAMS: I will move approval.
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JUDGE TINLEY: All right. We have a motion and
second for approval of the resolution 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. Let's go to
Item 12; consider, discuss, and accept Kerr County Sheriff's
Office racial profiling report.
SHERIFF HIERHOLZER: I don't know if she did that
e-mail. Do y'all have a copy of it or not? Here are
several. I don't know if it came as an attachment on your --
the only issue I have with it, and you just have to accept it
as-is, is it's another one of those Odyssey problems where it
-- I believe it's supposed to also reflect the number of
warning citations, not just actual citations. It's any
traffic encounters. And since we have video cameras, we're
not required to have it, but it should be on there, and it
doesn't reflect the warnings; it just reflects the ones that
were actually issued.
COMMISSIONER LETZ: Move approval of the agenda
item.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
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approval of the agenda item. Question or discussion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go to
Item 13; consider, discuss, and take appropriate action
regarding Westlaw contract for Kerr County Jail.
SHERIFF HIERHOLZER: This is the same item we had
on the agenda last time that we had a hitch in the contract.
Rex says we've got them squared away. Rex has looked at it.
We've agreed on the contract, and so it's just time for
approval. The only thing I need to know, since this is jail
commissary funds, is it a contract that the County Judge
still needs to sign, or do I as Sheriff need to sign it? Or
does it matter?
MR. EMERSON: Sheriff doesn't have the authority to
sign a contract obligating the county.
COMMISSIONER LETZ: Move approval of the agenda
item, authorize County Judge to sign same.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
though these are commissary funds, they're considered to be
in the custody of Kerr County; is that correct?
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MR. EMERSON: That's my understanding. And the
contract itself is actually kind of written with the County.
JUDGE TINLEY: Okay.
for my one jail personnel, Stan Braton, who assists the
inmates with everything. He had to have his own identifying
stuff for that contract also. But it's all coming out of
~ Kerr County Jail commissary account, and it's all the same
JUDGE TINLEY: Further question or discussion? All
in favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's go to
Item 14; consider, discuss, and take appropriate action to
approve the memorandum of understanding for paving and for
patient acceptance and transportation and allow County Judge
to sign same. This was placed the agenda and as a result of
some issues that arose in connection with the road out at the
new crisis stabilization unit. The memorandum of
understanding was -- my understanding, that was prepared by
the County Attorney. It has been approved by the Executive
Director of the Hill Country Community M.H.M.R. Far as I
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know, there are no issues at this point. Is that correct,
Mr. Emerson?
MR. EMERSON: That's my understanding, Judge.
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion on the motion?
COMMISSIONER BALDWIN: The money's still coming out
of Kerr County taxpayers' --
JUDGE TINLEY: Road and Bridge to -- to do the road
work. Further question or discussion? All in favor of the
motion, signify by raising your right hand.
(Commissioners Williams, Letz, and Oehler voted in
favor of the motion.)
JUDGE TINLEY: All opposed, same sign.
COMMISSIONER BALDWIN: I oppose.
JUDGE TINLEY: The motion does carry. We'll go to
Item 16; consider, discuss, and take appropriate action on
audit schedule for 2009 for Kerr County, with an information
packet on the powers, duties, and responsibilities of County
Auditor. Information is being submitted to Commissioners
Court, as well as to all department heads and elected
officials.
MS. HARGIS: I'm actually passing a new one around.
The first one I did was stopped at, I think, either 23 or 29,
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'cause I didn't think you really wanted to know about my
added those pages for you; it's just for information. I just
felt that it was -- that -- we went to this seminar, and they
provided us with this information, which I felt was good, so
that it helped not only myself and my staff, but the other
elected officials to understand the audit function of our
office. So, it's just an informational packet. And I have a
schedule behind there, which is a very aggressive schedule.
Hopefully, we'll get around to everybody. But there are only
two of us, so we're going to do our very best. And I'll be
', glad to answer any questions. It's really just an
information packet.
COMMISSIONER WILLIAMS: I read the submission that
you put out prior to this one. What's new in this one?
MS. HARGIS: It's just some additional pages that
they -- additional pages that talks about my additional
duties that I think you might be interested in, but the rest
of them wouldn't be, which is -- talks about how we're
supposed to do Adult Probation audits, how we're supposed to
do Juvenile Probation audits, commissary, the other -- the
D.A.'s office, the forfeiture funds and things of that
nature, which I didn't really think that the general populous
of the courthouse really was interested in.
COMMISSIONER WILLIAMS: Second question is, all of
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these departments -- elected officials and departments that
you have identified for audit, that is -- that is, then, the
It's just -- it's all
II the ones who have cash or anything that would be necessary to
audit. If there's nothing there to audit, which doesn't --
almost every department has something that we need to -- to
see either their procedures or something, how they purchase.
Some of them aren't going to take very long. Some of them
will take a little bit longer.
COMMISSIONER WILLIAMS: And it is your -- and what
you're telling the Court is that it needs -- each of these
instances supported by this other document, that all of these
various types of audits that you have identified here for all
these various departments are prescribed in state statute; is
that correct?
MS. HARGIS: They are. And we're only doing
certain types of them this year because we -- we're a small
staff. We can't do everything, so we're only doing certain
phases of -- of an audit this year, just like we did last
year; we only did cash. And this year, we're doing internal
control and -- in some of them; in some of them, more things.
So, as we get more experienced ourselves, we'll -- but we
will put that calendar out every year at the beginning of the
year, and we will work with every elected official prior
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to -- to having the audit. Diane and I just had discussed
going to do.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Any or question or discussion on the
COMMISSIONER LETZ: Just -- on your list -- well,
here it is. Last year there was issues about -- or what do
you call those things we have -- you have? Emergency
districts?
MS. HARGIS: The ESD's.
COMMISSIONER LETZ: ESD's.
MS. HARGIS: Yes, sir. One ESD has been completed;
they have their packet. The ESD number -- excuse me, ESD
Number 2 is complete. ESD Number 1 just finished bringing us
their information Friday, and so we are working on those
simultaneously. We are trying to give them a very nice
packet this year. I believe -- I asked Irene earlier; they
have received theirs in ESD 2, and they seem to be pleased
with the product. We talked about it before. And what we've
also done with the ESD's is, we have offered -- and I
purchased, out of my own budget, QuickBooks, and we are -- we
put ESD 2 on QuickBooks, and quarterly, they're going to
bring in their checks and we're going to put it on there so
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that they will have financial statements to hand out to their
board on a quarterly basis. And we've offered that as a
helping hand to them. We've also offered that to ESD 1,
which they're -- they're excited about, because sometimes
they get computer-savvy folks that are treasurers, and
sometimes they don't. This way they will -- and it will also
facilitate us having the documentation throughout the year,
and it will make it faster for us to complete their audit at
the end. All we'll then need is their minutes and a few
other things. So, they both seem to be very pleased with
that aspect of it.
JUDGE TINLEY: Any action by the Court that you
need to request of us, or is this informational only?
MS. HARGIS: This is only information. I just
thought it -- Judge Prohl and I discussed it. He just
thought it would be a good idea that everyone kind of knows
our duties and responsibilities. And that doesn't mean we
get to all of them, but they're there.
COMMISSIONER BALDWIN: I appreciate the information
on the Matagorda County Seawall Commission.
MS. HARGIS: Okay, thanks.
COMMISSIONER BALDWIN: This is very important.
COMMISSIONER WILLIAMS: Has that been bothering
you?
COMMISSIONER BALDWIN: That's been bothering me; I
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haven't slept in days.
COMMISSIONER OEHLER: Let the record reflect that
all of a sudden, after we requested an Attorney General's
opinion on audit of ESD's, it got done, but we haven't had
the -- the determination yet from the Attorney General. I
don't know why it took a year and a half to get something
done that only took a very short time.
MS. HARGIS: The -- we have, in fact --
COMMISSIONER OEHLER: Is that one of your duties
too, or is that just more --
MS. HARGIS: No, sir. It is -- we did not perform
an audit. We performed an internal audit of procedures, and
that is what I was recommended to do, and that's what I have
done. It is not an audit that an external auditor that you
would hire externally would do.
COMMISSIONER OEHLER: Okay.
MS. HARGIS: It would be the same as --
COMMISSIONER OEHLER: Evidently, it satisfies what
needs to be done.
MS. HARGIS: I got --
COMMISSIONER OEHLER: And it just took you a year
and a half to do it. I don't understand why. Enough of
that.
JUDGE TINLEY: Where do you see Matagorda County,
Commissioner?
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COMMISSIONER LETZ: It's back in here, about a
COMMISSIONER BALDWIN: Yeah, it's a seawall
JUDGE TINLEY: Oh, I see it. Navigation districts.
COMMISSIONER OEHLER: Yeah, we needed to know that.
JUDGE TINLEY: I see. Okay.
COMMISSIONER BALDWIN: I'm kind of wanting to get
I, on that dadgum commission.
COMMISSIONER WILLIAMS: Wh don't ou et on the
Y Y g
South Padre one?
COMMISSIONER BALDWIN: Haven't thought of that.
JUDGE TINLEY: Why don't we go to Item 17;
consider, discuss, take appropriate action on request from
AACOG for a letter supporting their application to TexDOT for
a Job Access Reverse Commute -- that's got the acronym
JARC -- grant. I put this on the agenda at the request of
the AACOG folks. They're wanting to put this commuting
transportation service in place, and they're soliciting
support for that and have asked us to write a letter of
support, as it were. And there's a draft of that that is
attached, of course, to your -- to your material.
COMMISSIONER WILLIAMS: It's a good project. It's
in place in other counties, Judge, as you know, and it helps
people get to and from work, you know, who otherwise have
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transportation issues. So, you're looking for approval of
this grant application?
JUDGE TINLEY: That's what they seek, is our
issuing the letter in the draft that's attached.
COMMISSIONER WILLIAMS: I would move that Kerr
County Commissioners Court correspond with AACOG with a
letter supporting their application to TexDOT for a -- for
Job Access Reverse Commute funding, JARC funding.
COMMISSIONER BALDWIN: This letter here?
JUDGE TINLEY: That draft, yeah.
COMMISSIONER WILLIAMS: Yes.
COMMISSIONER BALDWIN: I second it, with a
~ question.
JUDGE TINLEY: Motion made and seconded. Question
or discussion?
COMMISSIONER BALDWIN: Is there -- is there a
further commitment of any sort from this Court?
COMMISSIONER WILLIAMS: No.
JUDGE TINLEY: The --
COMMISSIONER WILLIAMS: Not that I'm aware of.
JUDGE TINLEY: One thing that might be relevant
here is, when we were doing our economic development
strategic plan, information gathered in our survey, we
determined that approximately 20 percent of the people
employed in Kerr County are employed outside of Kerr County.
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That same number, plus or minus, holds true for other
counties. We have a number of employees in this county that
live in Gillespie County, that live in Bandera County; some
live in Kimble County, some in Kendall and others, counties
other than Kerr. And this, of course, from the standpoint of
assisting workers that want to work in Kerr County, but who
live outside of Kerr County, might assist them in their
transportation needs. But we have a very mobile work force
now, and all of the counties, Kerr and surrounding counties,
have that similar characteristic with the mobile work force,
so we're all similarly situated. 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. I believe
that takes care of the items on the agenda, but we'll come
back to Item 2, to consider, discuss, and take appropriate
action to award contract for maintenance shop at Hill Country
Youth Exhibit Center. Mr. Bonier?
MR. BOLLIER: Yes, si_r.
JUDGE TINLEY: You had an opportunity to review the
25 ~ MR. BOLLIER: Yes, I have.
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JUDGE TINLEY: Was it in conformity with -- with
the bid request?
MR. BOLLIER: Yes, it was.
COMMISSIONER OEHLER: Was it approved by the
Auditor?
MR. BOLLIER: Yes, it was.
JUDGE TINLEY: Do you have a recommendation to make
to the Court?
MR. BOLLIER: I believe that this is a good bid,
and it's -- and I know Danny Feller; I know who he is, and
they do excellent work. I think that it -- it's on the
level.
JUDGE TINLEY: Your recommendation to the Court is
to accept the bid?
MR. BOLLIER: Yes, sir.
JUDGE TINLEY: All right.
COMMISSIONER OEHLER: How much?
MR. BOLLIER: It was 12,626.
COMMISSIONER WILLIAMS: Funds in your budget? Are
the funds in your budget?
MR. BOLLIER: It --
MS. HARGIS: This is in the long-term capital
~ program.
COMMISSIONER WILLIAMS: Capital fund? Okay, thank
I You.
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COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the award of the bid to Feller Fabrication as
submitted. 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. Thank you,
I Mr. Bonier.
MR. BOLLIER: Thank you, sir.
JUDGE TINLEY: We are now going to Section 4 of the
Commissioners Court?
COMMISSIONER OEHLER: What your was your question?
COMMISSIONER BALDWIN: Commissioners Court, law
offices of Charles somebody.
MS. HARGIS: That --
COMMISSIONER BALDWIN: Professional services.
MS. HARGIS: That's the new additional D.A. that we
agreed to put in our budget, and we put it in under y'ap's
contingency line item to hire the additional D.A. to go out
to the jail. So we could --
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JUDGE TINLEY: Hmm-mm. No, this is --
COMMISSIONER BALDWIN: Charles --
SHERIFF HIERHOLZER: Is that Frigerio? Is that
what it is?
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: That's one of your deals?
SHERIFF HIERHOLZER: That's our --
MS. HARGIS: We have the --
SHERIFF HIERHOLZER: -- TAC or law enforcement
liability attorney. Although I'm proud to say we do not have
a single lawsuit or appeal pending against the Kerr County
Jail at this time.
COMMISSIONER BALDWIN: Fantastic. Now, you --
what, now?
MS. HARGIS: We also have the -- the attorney that
we have put on a retainer to help us with the jail as well.
COMMISSIONER BALDWIN: Is that in here?
~ MS. HARGIS: It should be in here, but it may be
under the -- I thought that was this one. I looked at both
of them, so I may be confused at this point. So --
COMMISSIONER BALDWIN: Let's see.
JUDGE TINLEY: That should be 216th D.A., shouldn't
it?
MS. HARGIS: Well, we actually put the budget under
your contingency line item. Remember, when we went back, we
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added it under the contingency line item. And -- and I
researched that and went back to our notes, and that's where
we put it. Remember, we started out with -- with 15,000, and
then we ended up with 85,000 under contingency, and y'all
agreed at that point, when the courts came in, to expedite
the court system so that we would, you know, be able to -- to
keep the jail population down. We added that.
COMMISSIONER BALDWIN: We added 10,000.
MS. HARGIS: No, we added 50,000.
COMMISSIONER BALDWIN: I'm sorry, 50,000. And 30
is earmarked for this attorney.
MS. HARGIS: Mm-hmm.
COMMISSIONER BALDWIN: And then the 20 is sitting
there to do what we please to do with it. And so we're
paying -- we're paying the attorney.
MS. HARGIS: We did receive the first bill from
him.
COMMISSIONER BALDWIN
work, I hope.
MS. HARGIS: Yes.
COMMISSIONER BALDWIN
And that's for some kind of
And do you happen to have
I that?
MS. HARGIS: I don't have the bill with me, but we
do have it.
COMMISSIONER BALDWIN: I'm going to come by and
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take a look at it, 'cause my understanding is we're not doing
anything. But we're going to talk about all of that real
soon.
MS. HARGIS: Okay.
JUDGE TINLEY: I haven't heard a motion yet.
COMMISSIONER BALDWIN: Well, I still want to know,
is that -- is that bill for that young man in here or not?
JUDGE TINLEY: It's not.
MS. HARGIS: It's not.
COMMISSIONER BALDWIN: It's not. 'Snot?
JUDGE TINLEY: 'Snot.
MS. HARGIS: The bill is in our office, but it's
not on this, because it didn't come in in time.
COMMISSIONER BALDWIN: Okay. I move we pay the
bills.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion on the motion? Okay, first
item up there, Ms. Hargis.
MS. HARGIS: Sir?
JUDGE TINLEY: I don't know if those are West Texas
County Judge and Commissioners Association dues or whether
they're Texas Association of County dues, but all of it
i
should not be chargeable there, maybe none of it.
MS. HARGIS: I'm sorry, I missed your question,
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Judge.
JUDGE TINLEY: First item, very top, Page 1.
MS. HARGIS: Conference dues.
JUDGE TINLEY: Yeah. You got $1,100 charged to my
budget.
COMMISSIONER BALDWIN: Well, the West Texas one is
only, like, 250 bucks.
JUDGE TINLEY: That's what I was thinking. If
that's TAC, it ought to come out of nondepartmental.
MS. HARGIS: Judge, I can't answer that question
right now.
JUDGE TINLEY: Okay.
MS. HARGIS: I did not look at that bill.
JUDGE TINLEY: If it's West Texas County Judge and
Commissioners Association, whatever the total is should be
one-fifth mine, four-fifths Commissioners. I mean, it
probably needs to be paid, and I recall approving the bill,
but I don't remember whether it was TAC or -- or West Texas.
If it's TAC, though, it needs to come out of nondepartmental.
MS. HARGIS: Let me check that one.
JUDGE TINLEY: Okay. Election services,
reimbursement of postage. Tell me how that works.
MS. HARGIS: I believe -- Ms. Bolin's here -- that
she writes a check out of her tax account, and then she
requests that we reimburse her back the funds, and then we
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write the check out to her. We do ask that she substantiate
purchased postage, and then we -- then she, I'm assuming,
deposits that back into her tax account. I'm not exactly --
I think that this has been going on for a long time. I think
perhaps they do it because when they need postage, it may be
in between meetings, and because they have -- these are their
checkbooks in their offices. I know that Ms. Uecker and --
and the County Clerk as well kind of follow a similar system,
but the County Clerk is now giving us her checkbook so she
won't be doing that any more. But I think that's kind of
what happens. I mean, Diane, am I correct?
MS. BOLIN: We have a business reply that's for our
confirmation cards, and we don't get a bill from the Post
Office staying that we owe a certain amount. We keep a
certain amount in an account with them, and they just deduct
it as they go. And we keep track of it on our end so we know
I how much is there, and then, when we get to a certain point,
we put more postage in and then request reimbursement to our
postage line item.
JUDGE TINLEY: Here's my point.
MS. BOLIN: Sure.
JUDGE TINLEY: Here's my point. I know a lot of
us, as elected officials, will incur expenses that are really
county expenses, for example.
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MS. BOLIN: Mm-hmm.
JUDGE TINLEY: And we'll pay for it with our
individual personal credit cards or whatever. Then we will
file for reimbursement from the County. And those -- of
course, those reimbursements -- the Sheriff does it a lot
with some of his guys on the road, occasionally, --
SHERIFF HIERHOLZER: We don't much any more.
JUDGE TINLEY: -- for incidental expenses. But
those reimbursements are to us on a personal basis. And this
is not a situation where Ms. Bolin has gone down and, out of
her personal checkbook or her personal credit card or her
personal funds, she has not purchased postage and now wants
reimbursement for postage. This is out of her own account.
So, this reimbursement is not to Diane Bolin personally; it's
to --
MS. HARGIS: Diane Bolin, Tax Assessor/Collector.
JUDGE TINLEY: Tax Assessor/Collector, for that
account. Okay. Okay.
COMMISSIONER WILLIAMS: Is this postage strictly
for voter registration correspondence?
MS. BOLIN: It's only for that.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER BALDWIN: See, there's a whole
different question in that, to me. How do you -- why do you
order postage four days apart? Why didn't you just buy it
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all at one time?
MS. BOLIN: We have -- I have three business reply
mailing accounts, and the first one that Ms. Hargis is
talking about, I got the information on the day that we took
that -- the day that we were reimbursed from the County, we
received another one for another business reply mail that I
have from the Post Office. Because they expire at different
times.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Go on down to nondepartmental.
MS. HARGIS: Okay.
JUDGE TINLEY: I show an autopsy for Armondo Ayala,
Jr., and, of course, there's going to be a $2,300 hit coming
behind that.
MS. HARGIS: Yes, that's just the transportation.
JUDGE TINLEY: That's a city case. I know,
generally, if autopsies are ordered, they're done by our
J.P.'s, and we're on the hook for it. Is there a possibility
we can get reimbursement for that?
SHERIFF HIERHOLZER: That would have been ordered
~ by a J.P.
JUDGE TINLEY: I understand that, but it was at the
request of the -- of city law enforcement.
MS. HARGIS: I can ask.
SHERIFF HIERHOLZER: Yeah. Just because of -- it
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would have been ordered either -- no matter what, they would
have had to have done an autopsy on that one. But the J.P.
is the one that did order that.
JUDGE TINLEY: Well, J.P. was the one that had to
do the order.
SHERIFF HIERHOLZER: Right.
JUDGE TINLEY: No one over at the City had the
authority.
SHERIFF HIERHOLZER: Right, only a J.P. does. But,
I mean, if it would have happened in the county, the J.P.
would have still -- it would have still been required.
JUDGE TINLEY: I -- you know, I'm just thinking
there may be some small window of availability of some
reimbursement on that.
COMMISSIONER BALDWIN: Yeah, I agree with you.
Judge, if you go back to that --
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: If you'll drop down two
lines, there's our -- there's our lawyer.
MS. HARGIS: I thought he was in there.
JUDGE TINLEY: Yeah, sure is.
MS. HARGIS: Question behind me.
SHERIFF HIERHOLZER: I know --
JUDGE TINLEY: There's your lawyer.
COMMISSIONER BALDWIN: Kidneys. Kidneys just
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kicked in.
MS. HARGIS: I did receive the bill approved by
Mr. Curry's office. It was brought over by his office. Do
you want to answer that?
MR. EMERSON: No, I just had a curiosity question.
How much is the bill?
COMMISSIONER BALDWIN: $1,000.
MR. EMERSON: Okay, thank you.
JUDGE TINLEY: From 2/18 to 2/28.
COMMISSIONER BALDWIN: We're not going to say
anything about it today, but you can rest assured that all
those questions will be asked very soon. Thank you.
JUDGE TINLEY: Anything else on that, Commissioner?
COMMISSIONER BALDWIN: No, I just wanted to point
it out, that there it is.
JUDGE TINLEY: Page 2, Commissioner, in the middle
of the page, there's a $3,427 expenditure. Does that meet
with your approval?
COMMISSIONER BALDWIN: Sneaky rascal.
JUDGE TINLEY: Any other questions or comments on
the bills?
COMMISSIONER BALDWIN: Let me ask a question about
that. Now, that -- oh, that's for transcripts. That's
outside -- that's outside the salary for being a court
reporter. And how much -- how much is the -- how much salary
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does the person get? Just -- help me remember all this
stuff. I'm having a hard time remembering.
MS. HARGIS: It's broken down between four
counties, but her total salary is 85,000.
COMMISSIONER BALDWIN: Eighty-five grand, and this
MS. HARGIS: These are --
COMMISSIONER BALDWIN: -- $3,400.
MS. HARGIS: These are usually transcripts that are
ordered by the Court based on someone who is indigent, and
therefore we have no -- and that's the cost to produce them.
COMMISSIONER BALDWIN: That's the name, you're
right. Thank you so much.
JUDGE TINLEY: Any other questions? Comments?
SHERIFF HIERHOLZER: Only comment real quick,
Judge, back on me paying a lot out of my personal deal.
Since the County went to the county credit card, it has saved
me a bunch, and it has worked fabulously. And I know that
the other departments could probably get to that at some
point, but it does help tremendously with the -- and she gets
a bill, I get a bill, or it can just come to me and I still
approve it, see all the bills.
MS. HARGIS: It's online. But we -- we were using
him as -- you recall, as a test case.
JUDGE TINLEY: Yeah. I just want to know what
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happened to all these frequent flyer miles, Rusty.
SHERIFF HIERHOLZER: They're on there. I guess you
can get them somehow, 'cause I don't have them.
JUDGE TINLEY: I mean the previous ones.
SHERIFF HIERHOLZER: Oh, yeah. They expired,
'cause I don't go anywhere.
COMMISSIONER BALDWIN: I do have a question about
this. I'm wondering, on this --
MS. HARGIS: Which one?
COMMISSIONER BALDWIN: The court transcript thing.
I'm wondering, you know, I -- I receive a salary, and it's a
very nice salary and I love it. I love living here. And
occasionally I go out to Road and Bridge and look at plats
and things like that. Do you think I could charge for that?
JUDGE TINLEY: Sure.
COMMISSIONER BALDWIN: Over and above the salary?
COMMISSIONER LETZ: You can charge whatever you
I want.
COMMISSIONER OEHLER: Getting paid is something
I else.
COMMISSIONER BALDWIN: I don't -- y'all won't pay
I it?
COMMISSIONER WILLIAMS: No.
COMMISSIONER OEHLER: Probably not.
COMMISSIONER WILLIAMS: In-county travel; you're
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already getting it.
COMMISSIONER OEHLER: Try again.
COMMISSIONER BALDWIN: What about septic tank
stuff? Would you pay me for that?
COMMISSIONER WILLIAMS: That's a different --
COMMISSIONER OEHLER: I don't get paid for that.
COMMISSIONER WILLIAMS: Depends on whether it's
aerobic or conventional.
COMMISSIONER BALDWIN: Aerobic pays more, doesn't
it? They're all aerobic, believe me. Okay. I -- I don't
know what you have against me. You just don't like men?
JUDGE TINLEY: Any other questions or comments?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carried. Do we have any
budget amendments?
MS. HARGIS: Yes, sir, we do. But before we go to
that, y'all have a copy, I think, of the Five Star Wireless.
JUDGE TINLEY: Yeah.
MS. HARGIS: I just want to make note, and all of
you look at the bottom line where it says the number of
minutes used, as opposed to the number of minutes. Our
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minutes have all of a sudden started increasing quite
rapidly. The 7,000 was an increase, and this is actually a
three -- almost 4,000 increase in minutes. So, I just want
to make y'all aware that the minutes are going up. So far,
we have not been charged additional. But we've kind of made
the departments aware, you know, that they're going over, and
they need to take note of it. Because --
COMMISSIONER WILLIAMS: A couple departments, that
really raises some questions about that.
JUDGE TINLEY: And I have raised those questions
with all but one of those departments, and I have myself a
note to make contact with the fourth of the -- of the ones
that I -- that there are significant increases. I have some
other issues about whether or not these minutes shown are --
are wireless-to-wireless under the same system, whether or
not those minutes are reflected there, but were not charged
because, pursuant to the contract, if they're wireless, the
wireless Five Star, they're not supposed to be charged;
~~
whether we're merely getting notice of the minutes, but no
charge. Or -- I have a meeting scheduled with those folks
day after tomorrow, and I intend to pursue a lot of these
issues.
COMMISSIONER BALDWIN: With Five Star? Or --
JUDGE TINLEY: Yes.
COMMISSIONER BALDWIN: -- our employees?
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JUDGE TINLEY: Five Star. I've already raised the
issue with our employees.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: With our department heads and
elected officials, with one exception.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: I haven't made contact there yet,
but I will.
SHERIFF HIERHOLZER: There's -- there are -- and
I'll have to get with my chief and the patrol captain, 'cause
I sent them over to Five Star Friday afternoon; I wasn't
there, but when we got our bill, my patrol captain, who says
he uses the same amount of minutes he's always used, it
showed that his minutes had over quadrupled in one month. It
went from 200-something to 1,200. And he said there was no
~ way.
MS. HARGIS: See, that's what we're --
SHERIFF HIERHOLZER: We sent them over to Five Star
to talk to them about that and see what the issue was. I
didn't hear back early enough this morning from them to know
what -- what occurred on that, but I've got some -- because
now, all of a sudden also, we do not get the detailed billing
any more where it shows actual phone calls, 'cause that's
what I would go by. That doesn't come any more, either.
JUDGE TINLEY: Well, one of the issues seems to be
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that Five Star was recently purchased out of -- what --
MS. HARGIS: San Angelo.
JUDGE TINLEY: Central Wireless or some such; I
forget the name of it, but a San Angelo-based outfit. I
think some things are occurring there that -- that maybe we
need to be aware of and get a little better explanation of,
and that's one of the reasons that I've scheduled this
meeting with those people for day after tomorrow.
SHERIFF HIERHOLZER: Yeah, 'cause two months ago we
met with them; we had them come over, and -- because all of a
sudden, they were charging us a whole bunch of the taxes and
different minutes, and when we got them to analyze it, they
found it was a mistake, and it took about 800 off of our bill
that month. So, they credited that. But they are -- while
they're changing over, I'd just recommend every department
look real close at those bills, and that we kind of watch.
Because I just haven't heard back from my guys.
JUDGE TINLEY: I appreciate you pointing that out
Ms. Hargis. Because --
MS. HARGIS: Well, that's what we're seeing, that
it quadrupled; it didn't just go up a little bit. And so it
was just a little flush, and that's the reason why we're
bringing it up. We do have some budget amendments.
COMMISSIONER OEHLER: Would you like to explain
yours?
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MS. HARGIS: Yes, sir, I would. When -- as you
recall, I did have a part-time employee, Mr. -- Ken, and he
quit. And then I replaced him with a full-time employee.
COMMISSIONER OEHLER: I'm not for that. You don't
need another full-time employee.
MS. HARGIS: I have the same amount of employees
that Tommy had when he left. I have three.
COMMISSIONER OEHLER: You're trying to get three
full-time, though, is the point, out of your present budget.
JUDGE TINLEY: Let's move on with the budget
amendments, if we might. Do I hear a motion that the -- that
the budget amendments, as shown by the summary as presented,
be approved?
COMMISSIONER WILLIAMS: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for the
budget amendments as shown by the summary to be approved.
Question or discussion?
COMMISSIONER BALDWIN: Just one, real quick,
question as to explanation. 216th District Court,
Court-Appointed Services. What all does that include?
MS. HARGIS: This is Court-appointed attorneys.
JUDGE TINLEY: No, I disagree.
MS. HARGIS: You disagree?
JUDGE TINLEY: That would be psychiatrists,
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interpreters --
COMMISSIONER BALDWIN: Services.
MS. HARGIS: We use it for both.
COMMISSIONER WILLIAMS: Investigators.
JUDGE TINLEY: Investigators. The attorneys are on
a separate line item. The services are on another one.
MS. HARGIS: We end up using it for both.
JUDGE TINLEY: Well, yeah, they -- when you get to
the end of the road, why, it kind of moves freely back and
~ forth.
MS. HARGIS: I think probably the reason that
they're over on office supplies is because of the new judge,
and reestablishing that office. I do -- there was something
else -- no, I think that's all. And we did -- we rearranged
the Indigent Health, because this is their first year, and we
had to kind of rearrange them. And they're doing very well,
as y'all know.
COMMISSIONER BALDWIN: Indigent health care is
booming. They're great.
JUDGE TINLEY: Further 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.
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COMMISSIONER OEHLER: I'm opposed. We have a
full-time auditor now, as opposed to a half-time auditor, and
the staff has been increased.
JUDGE TINLEY: Do we have any late bills? I've
been presented with monthly reports for Constable, Precinct
1; Constable, Precinct 4; Justice of the Peace, Precinct 3;
County Clerk; and Environmental Health. Do I hear a motion
that those reports be approved as presented?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of those reports -- listed reports as presented.
Question or discussion on the motion? You have a question?
COMMISSIONER WILLIAMS: No.
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. Do we have
any reports from Commissioners in connection with their
liaison or committee assignments? Commissioner Baldwin?
COMMISSIONER BALDWIN: No.
JUDGE TINLEY: Commissioner Williams?
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COMMISSIONER WILLIAMS: Just a couple, Judge.
We've got a couple -- AACOG notified me of a couple local
governmental agencies that are having a little problem with
their dues, or their membership is in question. I'll be in
touch with those two, and we'll see if they wish to continue.
Unemployment rate in Kerr County is 5-plus percent, so it's
going up.
COMMISSIONER BALDWIN: And that's --
COMMISSIONER WILLIAMS: As of the end of February,
I believe. February -- through February. That's all I've
got.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: How about you, Commissioner Letz?
COMMISSIONER LETZ: Nothing, sir.
JUDGE TINLEY: Commissioner Oehler?
COMMISSIONER OEHLER: No.
JUDGE TINLEY: Any reports from elected officials?
Department heads? Other reports at all from anybody?
COMMISSIONER BALDWIN: I saw on Fox News this
morning that 30 percent of the stimulus jobs will be taken by
illegals. Designed.
JUDGE TINLEY: By design?
COMMISSIONER BALDWIN: By design.
JUDGE TINLEY: That's interesting. Anything else,
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gentlemen? We'll be adjourned.
(Commissioners Court was adjourned at 11:38 a.m.)
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 13th day of March, 2009.
JANNETT PIEPER, Kerr County Clerk
~ ~~
B Y : ~ ---
Kathy B~'nik, Deputy County Clerk
Certified Shorthand Reporter
3-9-09
ORDER NO. 31222
RESOLUTION FOR 2009-2020 TEXAS COMMUNITY DEVELOPMENT BLOCK
GRANT (TCDBG) ASSISTANCE UNDER COLONIA FUND
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to:
Adopt Resolution to apply for 2009-2020 Texas Community Development Block Grant
assistance under the Colonia Fund to complete on-site sewage facility replacement in
designated Colonia areas of Kerr County.
ORDER NO. 31223
LEASE AGREEMENT WITH TEXAS ARTS AND CRAFTS EDUCATIONAL
FOUNDATION, INC. AND TEXAS AGRILIFE EXTENSION, KERR COUNTY
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Baldwin, seconded by Commissioner Oehler, the Court ~inanimously approved by a vote
of 4-0-0 to:
Approve Lease Agreement between Texas Arts and Crafts Educational Foundation, Inc.
and Texas AgriLife Extension, Kerr County, for permission to place propane tank and
gas line on Texas Arts and Crafts property for Texas AgriLife Extension Master
Gardeners' greenhouse.
ORDER NO. 31224
BIDS FOR MAINTENANCE SHOP AT HILL COUNTRY YOUTH EXHIBIT
CENTER
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4-0-0 to:
Open bid from Feller Fabrication in the amount of $12,626.00, accept and refer to the
Maintenance Department for recommendation.
ORDER NO. 31225
PRODOC CONTRACT RENEWAL
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4-0-0 to:
Approve renewal of PRODOC Contract for the County Attorney's Office, and authorize
County Judge to sign Contract.
ORDER NO. 31226
BURN BAN SIGNS
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Oehler, seconded by Commissioner Williams, the Court unanimously approved by a vote
of 4-0-0 to:
Allow Homeowners' Associations, or Resident Associations, or private citizens to
purchase burn ban signs at cost, with the County to install them, to include Road and
Bridge to acquire 6 signs initially, to include the County Attorney to prepare an
Agreement that would be signed by each purchaser of the sign between Kerr County and
the Resident, that it is not a County sign and that the purchaser would have to obtain the
sign from the Road & Bridge Department..
ORDER NO. 31227
ANNUAL BIDS FOR ROAD AND BRIDGE DEPARTMENT'
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4-0-0 to:
Open Bids for road base, cold mix, aggregate, emulsion oil and corrugated metal pipe
from:
Walter Masters for Base Material
Allen Keller for Base Material
Reeh Quarry for Base Material
Contech Construction Projects for Corrugated Metal Pipe
Martin Marietta for Paving Aggregates, Base Material and Hot Mix-Cold Laid Asphaltic
Concrete Pavement
Texas Corrugators-South Texas Region II for Corrugated Metal Pipe
Ergon Asphalt & Emulsions for Emulsion Oils
Vulcan Construction Materials for Paving Aggregates and Hot Mix-Cold Laid Asphaltic
Concrete Pavement
And accept all bids and refer to the Road and Bridge Department for recommendation.
ORDER NO. 31228
CENSUS PSAP DATA AND MAPS AS PREPARED BY AACOG
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote
of 4-0-0 to:
Approve revised Census PSAP data and maps as presented by AACOG for Kerr County,
for subsequent submission to Census when necessary to do so.
ORDER NO. 31229
FACILITIES USE POLICY FOR HILL COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Reaffirm existing Facilities Use Policy that our not-for-profits are 501(c)3 and 501(c)6.
ORDER NO. 31230
TEXAS ARTS AND CRAFTS EDUCATIONAL FOUNDATION USE OF HILL
COUNTRY YOUTH EXHIBIT CENTER
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Approve Texas Arts and Crafts Educational Foundation to be added to the non-profit list
to receive a reduced rate for rental of the Hill Country Youth Exhibit Center.
ORDER NO. 31231
RESOLUTION SUPPORTING USE OF FEDERAL STIMULUS FUNDS FOR
CENTER POINT/EAST KERR COUNTY WASTEWATER AND WATER PROJECT
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve Resolution supporting use of Federal Stimulus Funds for Center Point/East Kerr
County Wastewater and Water Projects.
ORDER NO. 31232
KERR COUNTY SHERIFF'S OFFICE RACIAL PROFILING REPORT
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
4-0-0 to:
Approve Kerr County Sheriff s Office Racial Profiling Report.
ORDER NO. 31233
WEST LAW CONTRACT FOR KERR COUNTY JAIL
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Approve West Law Contract for Kerr County Jail, and authorize County Judge to sign
same.
ORDER NO. 31234
MEMORAUNDUM OF UNDERSTANDING WITH KERRVILLE HILL COUNTRY
COMMUNITY MHMR CENTER FOR PAVING AND PATIENT ACCEPTANCE
AND TRANSPORTATION
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of
3-1-0 to (Commissioner Baldwin opposed):
Approve Memorandum of Understanding with Kerrville Hill Country Community
MHMR Center for Paving and for Patient Acceptance and Transportation, and allow
County Judge to sign same.
ORDER NO. 31235
AACOG LETTER IN SUPPORT OF APPLICATION TO TxDOT FOR JOB ACCESS
REVERSE COMMUTE (JARC) GRANT
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to:
Approve request from AACOG for a letter supporting their application to TxDOT for a
Job Access Reverse Commute (JARC) Grant.
ORDER NO. 31236
CONTRACT FOR MAINTENANCE SHOP AT HILL COUNTRY YOUTH EXHIBIT
CENTER
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approval of the award of the bid to Feller Fabrication in the amount of $12,626.00 for the
Maintenance Shop at Hill Country Youth Exhibit Center.
ORDER NO. 31237
CLAIMS AND ACCOUNTS
Came to be heard this the 9th day of March, 2009, came to be considered by the Court
various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	104,582.64
15-Road & Bridge	$	64,827.25
16-2008 Capital Projects	$	4,044.12
18-county Law Library	$	1,311.00
21-Title IV-E	$	124.00
5-Indigent Health Care	$	20,791.61
76-Juv Detention Facility	$	2,466.13
83-216` District Attorney	$	524.21
86-216x" CSCD	$	364.08
Test Packet 10495310 (for PO)	$	30.00
TOTAL
$ 199,065.04
Upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the
Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 31238
BUDGET AMENDMENT NOS. 1-9
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
3-1-0 to: (Commissioner Oehler voted against)
Approve paying the Budget Amendments as presented.
ORDER NO. 31239
MONTHLY REPORTS
Came to be heard this the 9th day of March, 2009, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve the Monthly Reports from:
Constable Pct #1
Constable Pct #4
JP #3
County Clerk
Environmental Health