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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, October 12, 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
October 12, 2009
--- Commissioners' Comments
1.7 Consider/discuss, take appropriate action to
approve two private road names in Cedar Oaks
Mobile Home Park, Precinct 1
1.1 Consider/discuss, take appropriate action to
approve issuance of Notification of Intent and
resolution for submission of Energy Efficiency
and Conservation Block Grant program application
1.2 Consider/discuss, take appropriate action to
grant permission to Kerrville Memorial Post
Number 208, American Legion, for use of Flat
Rock Lake Park on November 8, 2009, to stage
3rd annual Veterans March
1.3 Consider/discuss, take appropriate action to
grant permission to Kerrville Memorial Post
Number 208, American Legion, for use of Flat
Rock Lake Park on April 2nd and 3rd, 2010, for
annual chili cookoff and related events
1.4 Consider/discuss, take appropriate action to
authorize advertising for bids to construct
Phase IV, Kerrville South Wastewater Project
1.5 Consider/discuss, take appropriate action to
seek grant funding from state and federal
agencies for elements of Hill Country Youth
Exhibit Center master plan
1.8 Consider/discuss, take appropriate action
regarding awarding of bid submitted to provide
food service for Kerr County Jail
1.9 Consider/discuss, take appropriate action to
accept $112,365 Homeland Security Grant to be
used to purchase interoperable radio equipment
for Kerr County Sheriff's Office, Constables,
& Animal Control; authorize appropriate county
officials to execute necessary documents for same
1.10 Consider/discuss, take appropriate action
regarding appointing two additional reserve
deputies for Sheriff's Office
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I N D E X (Continued)
October 12, 2009
1.11 Consider/discuss, take appropriate action
concerning the appeal from Kerr County to
Texas Water Development Board on DFC's set
by GMA-9 for the Edwards-Trinity (Plateau),
Ellenberger, and Hickory aquifers
1.12 Consider/discuss, take appropriate action to
nominate candidate(s) to Kerr Central Appraisal
District
1.13 Consider/discuss, take appropriate action to
appoint Commissioner Williams to act as Kerr
County's representative on newly-formed "Alamo
Regional Rural Planning Organization"
1.14 Consider/discuss, take appropriate action to
authorize and/or approve preliminary planning,
evaluation, and other preconstruction activities
or procedures in connection with proposed Law
Enforcement Annex/Adult Probation Building
1.6 Consider/discuss, take appropriate action on
resolution for Dietert Center's "Meals on Wheels"
grant application
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
1.15 Consider/discuss, take appropriate action on
possible sale, lease, or other disposition of
County-owned real property (Executive Session)
i
--- Adjourned
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the Commissioners' Courtroom, Kerr County Courthouse,
Kerrville, Texas, and the following proceedings were had in
open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and gentlemen.
Let me call to order this regularly scheduled meeting of the
Kerr County Commissioners Court posted and scheduled for this
date and time, Monday, October 12, 2009, at 9 a.m. It is
that time now. Commissioner Oehler?
COMMISSIONER OEHLER: Please rise for a prayer, and
also the pledge of allegiance.
(Prayer and pledge of allegiance.)
~ JUDGE TINLEY: Thank you. At this time, if there's
any member of the public that wishes to be heard on any
matter that is not a listed agenda item, this is your
opportunity to come forward and 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. There should be some located
at the back of the room. If not, when we get to that item,
if you'll get my attention in some fashion, I'll see that you
do have the opportunity to be heard on that agenda item. But
right now, if there's any member of the public that wishes to
be heard on any matter that is not a listed agenda item, come
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no one coming forward, we will move on. Commissioner Oehler,
what do you have for us this morning?
COMMISSIONER OEHLER: Well, we had the big Mountain
Home fish fry over the weekend at the fire department, and
very, very successful. I think we fed somewhere over 800
people; had 22 people helping with the catfish frying, and
the crew that we put together, and worked just as slick as
could be. No incidents, everybody got along, and nobody had
to stand in line very long to eat. So, we were very blessed.
We had great weather, and I believe they raised some good
money, and the new fire station will start to go forward with
Phase 2 shortly. Anyway, that's -- that was my weekend for
sure. Thank you.
JUDGE TINLEY: Thank you. Commissioner Baldwin?
COMMISSIONER BALDWIN: I just want to ditto what
Bruce is saying. What a -- what an event. A few months ago,
the Divide Fire Department had their steak dinner, and I just
couldn't believe what I was seeing way -- way out there in
the middle of nowhere. I mean, they piped in electricity and
lights and everything else out there. And -- and then
Mountain Home, Saturday evening, I -- I mean, who are those
people? Where did all those people come from? You know, you
recognize one out of 50 or something like that. It's
unbelievable. But they did a great job. Last meeting, I had
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mentioned that -- that our Historical Commission wants to
invite the Commissioners Court out to Schreiner Library to
see those things that we've been talking about for a few
years now, and we've settled on a date, and that is November
the 16th. Monday, November the 16th, which I don't think is
a regular Commissioners Court meeting day; I think it's the
in-between Monday. But, anyway, I want y'all to -- being as
you're writing it down, are you agreeing to it?
JUDGE TINLEY: What time?
COMMISSIONER BALDWIN: Noon.
JUDGE TINLEY: Noon, okay.
COMMISSIONER BALDWIN: Yeah. And they --
COMMISSIONER LETZ: Are they feeding us?
COMMISSIONER BALDWIN: We're having lunch --
COMMISSIONER WILLIAMS: Are you buying?
COMMISSIONER BALDWIN: -- there. We're having
lunch there. I'm not buying anything, after this weekend.
So, anyway, it's going to be a big deal, and they're excited
about it and they want us there. And I'm excited about it
too; I want to see -- I want to see how all this work that
they've been doing has come together, the oral interviews of
some of the old families and, you know, the things that
they've been in here talking about for the last two or three
years, four years, five years, something like that. So,
anyway, that's -- the date is November 16th, noon, and we
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COMMISSIONER BALDWIN: That's all I've got. Thank
you.
COMMISSIONER WILLIAMS: Got it down.
COMMISSIONER BALDWIN: You're a good man.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: Well, we didn't have a fish
fry in Center Point, but we did go to the birthday
celebration of the queen of Center Point, 90 years old. I'm
talking about Dora Townsend, who was a former city
commissioner over there, and she and her husband have been
longtime mainstays in the community. And so it's good to be
able to celebrate with somebody who has had a full and rich
life. Commissioner Letz and I also were at a meeting on
Friday down at Camp Verde. Just for the information of the
Court, there's going to be a -- a major addition to the Camp
Verde complex. And our meeting was with Texas state
Historical Commission, which we were trying to work out the
~ details between the owner and Historical Commission as to
what they'd like to see embodied in an addition to Camp Verde
Store. What -- what the plan is, is for a dining room, a
full-service dining room. If anybody -- any of y'all have
been down there for lunch lately, you know that they serve
absolutely super food, and I don't know how they turn out
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that food in that little tiny kitchen that they've got in the
old store. So, I think we worked our way through the
hurdles -- don't you, Commissioner? -- with the Historical
I Commission.
COMMISSIONER LETZ: I never know with them, but I
think so.
COMMISSIONER WILLIAMS: At least we did at that
meeting. Who's to say what will come in a subsequent
meeting? And that will progress, probably -- I think the
plan is to try to get something underway about the first of
the year. That's it, Judge.
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: In addition to -- not just a
dining room; they're adding -- it's a 125-person capacity
restaurant. It's about a 10,000 square foot addition, and I
was happy to see it adds about a million dollars to the tax
rolls. But most of what I have is going to be -- I think we
have an item on the agenda related to our appeal, and most of
my conversation will be with that. Really, the fast track
with that process is now on, and I'll pretty much reserve my
comments to that. Great rains in the eastern part of the
county. Things are looking a lot better than they did a
couple months ago. That's it.
JUDGE TINLEY: Commissioner, you mentioned Dora
Townsend as though, having lived a full and eventful life...
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It ain't over yet.
COMMISSIONER WILLIAMS: Oh, no, by no means.
JUDGE TINLEY: That gal is still as ornery as she
was 25 years ago, so -- (Laughter.)
COMMISSIONER WILLIAMS: Maybe --
JUDGE TINLEY: -- there's a lot more to come.
COMMISSIONER WILLIAMS: Oh, there's a lot of living
left, that's true. You're right, Judge.
JUDGE TINLEY: Okay. Let's get on with our agenda,
if we might. Len Odom has got a ways to go later on today
for a conference that he's scheduled to attend, so let's go
to Item 7 to begin; consider, discuss, and take appropriate
action to approve two private road names in Cedar Oaks Mobile
Home Park, and located in precinct 1. Mr. Odom?
MR. ODOM: Thank you, Judge. Thank you for letting
~ me go forward early. Cedar Oaks Mobile Home Park is off
Westway, and which is in Precinct 1. The owners of this park
would like to name the two privately maintained roads. The
first proposed road name is Deer Springs Cove South, and the
second proposed road name is Whispering Woods Loop South.
The Kerr 911 office has submitted the applications with the
naming of the two roads. The roads are about two weeks out
from completion. Since this development is not being
platted, it is a development program -- policy, there would
not be any final plat, and they only need a letter of
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completion once this is through. At this time, we ask the
Court for their approval, contingent on the roads being
completed. It is a unique situation over there, that they
cannot get their electrical, so they have to apply for road
names, have to have an address, and that's the reason this is
coming forward. The telephone company will not set poles.
They've changed the policy. KPUB cannot put their electrical
on the telephone poles. And I've had a discussion with
Windstream and the others, so we would like for the Court to
move to name these two roads, and they can then apply for
electrical service, and which will expedite completing this.
All they need to do is do the roads. The electrical is just
something that we need to push forward, and this is a way to
push it forward.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion?
COMMISSIONER LETZ: Just so I understand, the new
policy from the utility companies is they will not allow
utilities without a road name?
MR. ODOM: No, without -- what is it I'm trying to
say? They are not going to allow until they get a service.
In other words, you have -- they wanted me to complete the
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roads without it being finished. So, Windstream, because of
the economic situation, has changed their policy. It says
that you have to -- someone has to apply for service. Well,
how do you do that if you haven't completed the road system?
And they cannot hook up the sewers, so -- you know, and they
have changed this. They had approved everything, and now
they have come in and changed their whole policy, and KPUB
can't bring in electrical service because there is a contract
with Windstream, or used to be Kerrville Telephone. They put
the electrical on the telephone poles. So, what we're --
they need to do is have an address to go ahead and apply for
electrical service; you need a road name.
COMMISSIONER LETZ: Right, okay.
COMMISSIONER BALDWIN: Road name, then an address.
MR. ODOM: Then an address.
COMMISSIONER LETZ: Then an address, before you
I have to --
MR. ODOM: That's right. And then they will apply
for it, and we hope that puts pressure, then, on Windstream
to go ahead and set the poles, and then electrical be put up.
But in that interim, we're going to finish our roads. These
are privately maintained, and once they're completed to our
specifications, they're on their own.
COMMISSIONER LETZ: Okay. All right.
JUDGE TINLEY: Any further question or discussion
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on the motion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
MR. ODOM: Thank you.
JUDGE TINLEY: Thank you, Mr. Odom.
MR. ODOM: Thank you, Judge. I'm sorry, it's
confusing, but that's the way it is, Jonathan.
COMMISSIONER LETZ: I know. It's fine. What I was
thinking, through, is do we need to make a change in our
rules?
COMMISSIONER OEHLER: I think this is one of those
manufactured home community things that's being put in.
COMMISSIONER LETZ: Yeah.
COMMISSIONER OEHLER: They've got to get that
certificate of whatever -- compliance or completion or
whatever.
COMMISSIONER LETZ: Right.
COMMISSIONER OEHLER: We haven't done one of
I those --
COMMISSIONER LETZ: In a while.
COMMISSIONER OEHLER: -- in a while.
MR. ODOM: And their policy may change when the
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I those 10.
JUDGE TINLEY: Thank you. Let's go to Item 1;
consider, discuss, and take appropriate action to approve
issuance of notification of intent and resolution for the
submission of an Energy Efficiency and Conservation Block
Grant program application under the American Recovery and
Reinvestment Act through the State Energy Conservation Office
Stimulus Program and Office of the Texas Comptroller of
Public Accounts, purpose of the grant being to pay a portion
of the costs of the acquisition and installation of energy
efficient windows and doors on the Kerr County Courthouse.
I Ms. Lavender?
MS. LAVENDER: Good morning.
COMMISSIONER OEHLER: Good morning.
MS. LAVENDER: We received -- or the Judge did -- a
communication from the Comptroller's office back in late
September about this program. It's through the Comptroller's
office through the State Energy Conservation Office. And I
gave you two sheets of paper in the backup last week, and
what I've given you just now is the resolution itself, and
the letter of intent or notice of intent. This is -- the
cities and counties are eligible for what they call
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non-entitlement cities and counties, and we were lucky enough
to be one of those. Susan Combs, in her original note, said
the small cities and counties don't have to bid for these
grants; the money is already allocated to them if they choose
to use it. So, what we're saying is, yes, we want the money.
We want to make sure that every eligible city and county gets
to use these grants, and will provide as much help as
possible. And I called them after the Judge brought me the
-- the facts, and they -- they are very helpful and
interested in helping us through this process. In order to
get the application itself, we have to send the notice of
intent, and the resolution was to follow very shortly. But I
'~ figured it would be easier just to go ahead and bring both of
them to you. Rex has reviewed both of them. We are eligible
', for $100,000. Which is --
COMMISSIONER LETZ: How much?
MS. LAVENDER: 100,000. So, I think that's a good
thing, and I would recommend that we move forward with this.
COMMISSIONER WILLIAMS: I move approval. Probably,
we should put the resolved into the record so we know what
we're approving here. So, with your permission, Rosa --
MS. LAVENDER: Please do.
COMMISSIONER WILLIAMS: Therefore, be it revolved
by the County that, one, the County, through the County
Judge, pursue all E.C.B.G. funding made available through
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A.R.R.A., and being allocated by the State Energy
Conservation Office to be used to assist in reaching the
citizens of Kerr County and all of Texas.
MS. LAVENDER: I might say that KPUB, when I called
them about this, they were very enthusiastic about helping
us. And you have the original, Judge.
JUDGE TINLEY: I have a motion. Do I hear a
second?
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, and the notice of intent and the
resolution. Further question or discussion on the motion?
COMMISSIONER LETZ: Quick question. Rosa, is the
100,000 the total allocated for Kerr County, or the total
we're eligible for this project?
MS. LAVENDER: It's allocated to the County. The
City also gets 75,000, and there is a possibility, if some of
the other cities and counties don't choose to accept the
allocation, there may be some additional money available to
us out of this down the road a little ways.
COMMISSIONER LETZ: Would it make sense to apply
for that additional money right now?
25 ~ MS. LAVENDER: Yes, sir -- well, no, we can't apply
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for it now. We're going to have to apply for it later, but
we're going to indicate to them that we would be glad to
accept anything that they have. In the KPUB audit last
Thursday, Tim and I walked round with the guys that did it,
and I would share with you just a couple of things they said.
They said that there's a whole lot of lighting in this
courthouse that could be improved; efficiency, bulbs, and
particular kinds of lights. They were hesitant to do their
normal energy audit process by pushing on the windows,
because you don't push on the windows in the courthouse.
They're very fragile. Some of them are cracked. We took
pictures two years ago; my husband got up in the cherry
picker thing and we took pictures of the 72 windows in this
building, and that was where we started the process when we
sent the plan to the state Historical Commission, and then we
had to wait until they approved it. And I talked to S.E.C.O.
about that fact that we'd already let the contract on this.
They said it was no problem. I'll follow up with that again
and be sure, but we don't believe that it'll be a problem.
But at worst, if we get in the 100,000, we'll find something
in the way of energy efficiency improvement in some of our
buildings. We've got a building that we're going to build
out at the Law Enforcement Center here soon, so hopefully we
can nab some funding that will help us perhaps with the
25 ~ lighting and such out there, too.
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COMMISSIONER LETZ: What I was thinking of in
particular was, we can use pretty much all they want at the
Ag Barn.
MS. LAVENDER: That's right. We have --
COMMISSIONER LETZ: Part of our plan was to redo
all the electrical and lighting in the existing arena, and
that's an extremely inefficient building.
COMMISSIONER OEHLER: Extremely.
MS. LAVENDER: But, anyway, we're going to take
baby steps and see what we can tap into. Hopefully, we'll
get more than the 100,000, but this is our first step.
JUDGE TINLEY: Any further question or discussion
on the motion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. Let's move
to Item 2; to consider, discuss, take appropriate action to
grant permission to Kerrville Memorial Post Number 208,
American Legion, for use of Flat Rock Lake Park on November
the 8th, 2009, to stage the third annual Veterans March.
Commissioner Williams?
~~ COMMISSIONER WILLIAMS: Thank you, Judge. This is
I
a request that's come before us before from the Kerrville
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Memorial Post Number 208 of the American Legion, this time to
use Flat Rock Lake Park for their annual walk, and any
proceeds that they earn from that go to the benefit of the
veterans at the Veterans Administration Hospital. Move
I~ approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 3, to consider, discuss, and take appropriate action
to grant permission to the Kerrville Memorial Post Number
208, American Legion, for use of Flat Rock Lake Park on
April 2nd and 3rd, 2010, for their annual chili cook-off and
related events.
COMMISSIONER WILLIAMS: This, too, is from the same
American Legion post. This one's a little early, but they'd
like to get their permission in place, and also be able to
block out the date. This is for their annual chili cook-off
and related events for children and so forth, and it is for
April 2nd and 3rd of 2010. I move approval.
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COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
COMMISSIONER BALDWIN: Question. Is this the same
group that used it last year at this time?
COMMISSIONER WILLIAMS: Yes.
COMMISSIONER BALDWIN: Easter.
JUDGE TINLEY: Any other question or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
', JUDGE TINLEY: The motion does carry. Let's move
to Item 4; consider, discuss, and take appropriate action
authorize advertising for bids to construct Phase IV,
Kerrville South Wastewater Project. Commissioner Williams?
COMMISSIONER WILLIAMS: Finally, we're getting to
that point where we can go to bid on Phase IV of the
Kerrville South Wastewater Project, and I'm asking the Court
today for approval to advertise for bids. I'd like to be
able to provide dates to you for when the advertisement will
appear and when we will open those bids, but I was advised
over the telephone over the weekend that this -- the plans
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still need to have the final approval of the City of
Kerrville's Engineering Department, and I think our engineer
lost sight of that, and so those plans will be forth -- will
be going to them for their final look-see and approval.
Everything should be in order, but I wanted to get the
Court's permission to advertise for bids, and we'll establish
the dates for when the bids are to be returned as soon as I
know when the City review is complete.
JUDGE TINLEY: So, you're seeking permission to
advertise for bids only at this point?
COMMISSIONER WILLIAMS: That's correct.
JUDGE TINLEY: Very well.
COMMISSIONER WILLIAMS: So moved.
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.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Item 5;
consider, discuss, and take appropriate action to seek grant
funding from state and federal agencies for elements of Hill
Country Youth Ranch -- Hill Country Youth Exhibit Center
Master Plan. Commissioner Williams again.
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COMMISSIONER WILLIAMS: One more time. Judge, I
put this on the agenda because of some recent -- I'm trying
to get it up here on my computer -- some recent awards that
were made -- came through AACOG, through the review at AACOG.
One of them was a Texas Parks and Wildlife award that went to
Kendall County for half a million dollars, and the other was
a U.S.D.A. award for a little over half a million dollars.
If I could get my computer to give me that information, I'll
tell you who that was. All of which is to say that there are
dollars out there, and I just wanted to bring it to the
Court's attention that maybe we should begin to pursue some
of those avenues to see what's available for us for certain
elements of the improvements that we are hoping to be able to
achieve at the Hill Country Youth Exhibit Center. That's the
whole purpose of it. Maybe it will facilitate some
I discussion.
COMMISSIONER LETZ: I think the Court has already
previously authorized Commissioner Oehler and myself to
pursue any grants necessary to get that thing done.
COMMISSIONER BALDWIN: I agree with that.
COMMISSIONER LETZ: So I think we already -- the
permission's out there. I think it's a good -- anything that
you can find at AACOG would be of great --
COMMISSIONER WILLIAMS: Anything I could find at
~ AACOG? Well, what that really --
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COMMISSIONER OEHLER: Well, you're the one that's
promoting this.
COMMISSIONER WILLIAMS: Now that you've
reestablished that permission has been granted, Commissioner,
let's talk about how you're going to put together the grant
application. (Laughter.)
COMMISSIONER LETZ: I think the -- one of the
challenges -- certainly, a lot has happened on the federal
side of funding, and there's a lot more, you know, through
the stimulus package, and actually the new Farm Bill finally
got signed, and it freed up a lot of money that was in a
logjam for a long, long time. So, I think it's a good idea
to go -- to look at that. And any assistance you can provide
in finding a -- a source of that would be greatly
appreciated.
COMMISSIONER WILLIAMS: I will be happy to do that.
But we really need to explore those two avenues.
COMMISSIONER LETZ: Right.
COMMISSIONER WILLIAMS: Because there are dollars
out there.
COMMISSIONER LETZ: And I think the -- I'll
probably -- Bruce and I will -- we'll get with Rosa, who's
very adept at finding some of these grants, and see if we can
find something out. Bruce and I informally talked with some
local foundations previously, and it was just -- the timing
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was not great when we first did that; they were committed to
quite a few projects. But I think the time is probably good
for us to go back and talk to them a little bit more, see if
it's about time maybe to put in some formal applications.
COMMISSIONER OEHLER: It's time to move forward.
We've kind of sat on this for a lot of reasons, funding being
the major one, but with the City of Kerrville also talking
about a convention center and all that kind of stuff, we
might want to revise our plan slightly, but not very much.
Because --
COMMISSIONER WILLIAMS: Well --
COMMISSIONER OEHLER: We really need what we've
proposed to do, as far as renovation of the new building out
there.
COMMISSIONER LETZ: Right. And I think I mentioned
this, probably, to the Judge, that I met with Joel Gourley at
the U.S.D.A. office, and they are very interested in using
I this facility, leasing space in this facility, and they take
a pretty big dent, have a lot of square footage that they
currently lease.
COMMISSIONER OEHLER: It's time to move forward.
We've sat on it long enough.
II COMMISSIONER WILLIAMS: It really is. And the type
~, of award that came through Parks and Wildlife, the one that
went to Kendall County, seems to me to fit very well with
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what we're thinking about doing, or would like to try to
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: Let's do it.
COMMISSIONER LETZ: Let's do it, okay.
JUDGE TINLEY: So, the permission already exists,
so we don't need to take further action. Is that correct, --
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: -- gentlemen? Okay. Let's go to
Item 8; consider, discuss, and take appropriate action
regarding awarding of bid submitted to provide food services
for the Kerr County Jail. Sheriff?
SHERIFF HIERHOLZER: Y'all accepted all the bids
last time, and so this time I've gone through them. We've
looked at them, kind of put them in a 1-2-3 order, and the
primary one I would like to accept so that we can go into
just a little bit deeper negotiations with that one, and then
the second and third one. And all of them fell right in line
with price, anyhow. It's lowest bid and then the second and
that. So, what I would like to do is, Five Star Correctional
Services had the lowest bid of a dollar 20.3 cents a meal,
~ which is quite a bit of savings to us, and so I would like to
rank them as the first bid for acceptance, or for forwarding
it to them, pending the final negotiations over transition
and just how it would all work out to -- to take it over.
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The second bid would have gone through ABL Food Service or
ABL Management, and theirs was a dollar 31.9 cents a meal.
And the third one was Canteen Correctional Services at a
dollar 32.9 cents a meal.
COMMISSIONER BALDWIN: All three of these are new?
SHERIFF HIERHOLZER: As far as --
COMMISSIONER BALDWIN: To us.
SHERIFF HIERHOLZER: We've never dealt with any of
them for food service; we've always done our own in-house.
But our cost is getting up there, about $1.42 a meal to cook
ourselves. The way it's going, with them buying in bulk and
coming in and cooking and doing everything --
COMMISSIONER BALDWIN: We're at $1.42 doing it
ourselves, and what is the low bid?
SHERIFF HIERHOLZER: $1.20 point 3.
COMMISSIONER BALDWIN: Yeah.
SHERIFF HIERHOLZER: So, I don't think we can go
wrong.
JUDGE TINLEY: The -- in calculating our cost, is
there any utility or maintenance costs rolled into that?
SHERIFF HIERHOLZER: No. Insofar as the cost of
operating the kitchen here, the calculation that I have used
and that Ms. Krauss, our head kitchen cook right now, have
used in our cost of $1.42 that she estimated this year, and
$1.40 this last year, is totally off food prices. It does
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not include employee salaries; it does not include
electricity or anything like that, or gas to run the stoves.
It's totally all food costs. The problem I have is that
having just her do the -- or oversee supervising the kitchen,
and you're normally using trustees to do the cooking, and the
issue I faced all the years that I've been sheriff is that we
do a lot of heat and serve. You end up buying a lot of
precooked foods and then heat them up and serve them to make
the menus correct, and your cost is more. This company comes
in and actually cooks. They have their own cooks, their own
hired employees that come in. They use all our equipment.
We maintain our equipment, okay, and they would come in.
Their employees do the cooking. We use trustees to serve and
clean up, and then I use my current two employees to
supervise the trustees when they're in the kitchen with their
cooks, all right? But their people actually do the cooking,
and they even have their menus attached and that.
So, with them doing that, and serving 20 other
counties across the state, including Tarrant up around
Dallas, okay, Dallas County, the large amount of food that
they do is where you get the savings. They actually come in.
We have checked with four of the counties that they use.
Three of them are still using them, love them, say they don't
have any problems at all. They wish they'd gone to them a
lot sooner. The fourth one is not using them any more, but
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using another company. And their deal was -- from the people
we talked to, is they wish they were still using them, but it
was a -- or according to them, a political deal that it went
to another company.
COMMISSIONER OEHLER: So, this way we're not going
to have any direct employees any more supervising in the
kitchen or the meal service?
22
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24 same.
25
SHERIFF HIERHOLZER: That's a fact.
COMMISSIONER OEHLER: Everything else remains the
SHERIFF HIERHOLZER: Everything else will have to
SHERIFF HIERHOLZER: They will not be doing the
cooking. Right now, Ms. Krauss and my one other one's
actually doing the cooking and supervising the inmates, okay,
that are in there helping serve. What this will do is, this
company's employees will do all the cooking. Ms. Krauss and
my other kitchen help will be in there, 'cause I still have
to have them in there when inmates are in there, and they
will be in there at any time that the trustees are in there
assisting with the -- with the serving. You know, the
dishing up and then the actual serving will be done by our
people and trustees.
COMMISSIONER OEHLER: Okay. So, we're not
really -- the only thing we're really saving on is the actual
per-meal cost.
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remain the same.
COMMISSIONER BALDWIN: Are they going to come along
and -- after we award the bid, and decide we have the wrong
color of stove? Or they don't like this or like that, and we
have to make some new purchases or anything?
SHERIFF HIERHOLZER: No, we maintain what we have.
COMMISSIONER BALDWIN: Are you going to talk to
them about that?
SHERIFF HIERHOLZER: That will all be discussed.
They've all taken -- in the process before they actually
submitted their bid, they've all taken a tour of the
facility. They've seen the equipment we have. They base
their bids on our equipment, and that's where we stand. The
bids are firm for a year, and then we -- we, you know,
recalculate food costs after a year and see where we go.
COMMISSIONER OEHLER: This is going to be an annual
bid or rebid, or whatever?
SHERIFF HIERHOLZER: Not -- I don't -- well, it may
have to be. We'll have to look at it and see how it -- how
it works out. When you've got employees that they hire and
put in there, it may be an annual bid. I'll have to get with
Rex and see how it's done.
COMMISSIONER LETZ: You may put in there, so we
don't have to rebid it every year, that food costs stay
within 5 percent or some amount, so that we can just go ahead
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and use the same company.
SHERIFF HIERHOLZER: Because what I have right now
is all the bids. I don't even have -- the actual contract --
COMMISSIONER LETZ: Right.
get .
COMMISSIONER LETZ: And they may -- you know, we
may be able to work that to our benefit if we go with a
multi-year contract.
SHERIFF HIERHOLZER: What I came up with just as a
ballpark, comparing the prices and the number of meals we
serve, you know, our own inmates, and then Juvenile Detention
also, and then you do have employees that are working 12-hour
shifts that eat. The cost savings that I see coming to the
county is anywhere from 30,000 to 33,000 a year.
COMMISSIONER WILLIAMS: And that does include the
Juvenile Detention Facility, correct?
SHERIFF HIERHOLZER: Yes.
COMMISSIONER WILLIAMS: Thank you. Any changes in
the methods of service to the Juvenile Detention Facility?
SHERIFF HIERHOLZER: Not that I'm aware of yet,
there won't be. We'll get into the nuts and bolts of all
that. 'Cause we serve them only a portion of their meals,
you know; the school district does it through the school and
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all that. We do it the rest of the time.
JUDGE TINLEY: So, what you're seeking today is the
Court's approval and the award of the bids in the order in
which you gave them to us, being Five Star Correctional, ABL
Management, and Canteen Correctional, to give you the
authority to go forward and see if you can reach an agreeable
contract in that order?
SHERIFF HIERHOLZER: That's correct.
JUDGE TINLEY: I assume that's acceptable
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval as indicated. Question or discussion on the motion?
All in favor of the motion, signify by raising your right
I hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 9; consider, discuss, and take appropriate action to
accept the $112,365 Homeland Security grant to be used to
purchase interoperable radio equipment for the Kerr County
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Sheriff's Office, constables, and Animal Control; authorize
appropriate county officials to execute necessary documents
for the same.
SHERIFF HIERHOLZER: I haven't seen the documents
yet, but this is something that I think our chief deputy
needs a good pat on the back for. He's the one that put
together the grant proposal and had to do the presentation at
AACOG in San Antonio. This is the radios that were all
talked about in the loan -- in the capital improvement deal.
Not the 50,000 that covers the upgrade to narrow band, but it
does cover the digital radio and portables for the
constables, for Animal Control, and for the remainder of our
department, coming to that total of the $112,365. It was
approved, and I just need formal acceptance of that money so
that we can get the radios ordered.
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion?
COMMISSIONER LETZ: Has the County Attorney seen
the contract with this?
SHERIFF HIERHOLZER: Normally there isn't a
contract. It's just a reporting, and with this being a
one-purchase deal and not a multi-year type thing, they give
one. We get the -- the proof of the purchases, showing all
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that; the chief deputy will then submit that showing that
it's been done. Now, sometimes -- what they have done with
one of them in the past is -- is the County actually pays for
it up front and then we submit everything, being the paid
bills and that, and they reimburse us.
COMMISSIONER LETZ: But there's some agreement
somewhere?
COMMISSIONER WILLIAMS: It'll be forthcoming.
SHERIFF HIERHOLZER: It will. We'll get that part.
COMMISSIONER WILLIAMS: I might add that when the
County's grant was approved, the Homeland Security grant was
also approved for the City in an amount just a little bit
greater than Rusty's, 136,000, something like that.
SHERIFF HIERHOLZER: Yeah. Theirs is going to
upgrade the fire department and EMS radios to digital.
COMMISSIONER LETZ: The approval -- my approval is
I
subject to the County Attorney at least reviewing whatever --
COMMISSIONER WILLIAMS: Right, whatever documents.
COMMISSIONER LETZ: -- documentation we need to
document.
JUDGE TINLEY: Yeah, it's an acceptance document.
Further question or discussion on the motion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. We'll move
~ to Item 10; consider, discuss, take appropriate action
regarding appointing two additional reserve deputies for the
Sheriff's Office.
SHERIFF HIERHOLZER: What this is, is y'all
currently gave me authority several years ago to have three
reserve deputies with the Sheriff's Department. The County's
expense in having those three is a bond for each one of them,
and then they're added to the workers' comp insurance. The
bond is $50 a piece. We -- you know, per year we pay that.
I don't have a problem. I currently have three reserve
deputies. I don't have any extras in mind at this time, but
II
I would like to have two more positions that we can use if we
get good peace officers that would want to be a reserve for
us. Our requirements and our training program for reserves
is the same as it is for our regular officers on the street.
It's not one of those deals where somebody that's retired,
doesn't want to work, you know, comes in and does it. The
current reserve we have is such as here at the courthouse,
Officer Coppinger is a reserve. He's doing everything he
does around the courthouse and helping out for free, gratis.
We pay his bond and worker's comp.
COMMISSIONER LETZ: So there's no budget impact on
I this?
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~ SHERIFF HIERHOLZER: No budget impact as far as the
I
bond, and I don't know if there is as far as the worker's
JUDGE TINLEY: It's based on payroll, so if there's
SHERIFF HIERHOLZER: No payroll.
COMMISSIONER LETZ: Move approval.
COMMISSIONER BALDWIN: Second.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval. 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: Motion carries. We'll move to Item
11; consider, discuss, take appropriate action concerning the
appeal from Kerr County to the Texas Water Development Board
on the desired future conditions set by Groundwater
Management Area 9 for the Edwards-Trinity Plateau,
Ellenberger, and Hickory Aquifers. Commissioner Letz?
COMMISSIONER BALDWIN: Jody, would you get me a
pillow? (Laughter.)
COMMISSIONER LETZ: The -- the process is going a
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lot quicker than I originally thought, largely because of the
way they're calculating timelines and the holiday schedule
coming, that this is going to be before the Water Development
Board on their January 21st meeting, which has really pushed
everything forward. Bottom line to us is, there will be a
hearing held in Kerrville November 2nd from 10 o'clock to
5 o'clock. Then you might want to bring your pillow.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: At that hearing, both sides'
petitioners, being Region J, Kerr County, U.G.R.A., will
present their case, and then the GMA-9 will present their
case as respondents. There's no --
COMMISSIONER BALDWIN: Just petitioners? Or
general public?
COMMISSIONER LETZ: Just petitioners.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER LETZ: There's no -- no -- it's not a
formal legal hearing from the standpoint there's no
cross-examination, there's no debate back and forth. You
just present your case, and then the other side is presented.
Water Development Board's attorney, Joe Reynolds, will be
conducting the meeting. They'll have a court reporter
present from Water Development Board that will make a
transcript, and that information gets forwarded on to their
board. There is a period of, I think, two -- up to two weeks
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after that where written testimony also can be submitted from
anybody. At our last meeting, we talked about bringing in a
couple of consultants possibly to assist with this. Because
of the time frame, we're -- U.G.R.A. is offering up their
legal counsel, Tony Corbett. He'll be helping out the legal
side of it, and that's really not too extensive. He's really
just coming, looking at our appeal and the state law versus
their regulations by T.W.D.B. And then Charlie Keitler, I
believe is his name, is a modeling expert that U.G.R.A. is in
contact with. They have a scope of work from him. He is the
head of the LBG Guyton office in Austin. And at our -- well,
and he's going to bring on to help him a little bit John
Ashworth and James Beard, who are both very familiar with the
modeling that Water Development Board has done. All three of
them are very familiar with it.
Ray Buck and myself are going to Austin this
Friday. We're going to meet with everybody and kind of
figure out exactly who's doing what with this scheduled plan,
and how much testimony we need. I don't think it's all that
much. We don't have a -- a contract yet. Region J approved
expenditure of an amount of 15 percent of the consulting
fees, up to a $3,000 maximum. The maximum that U.G.R.A. has
looked at is $20,000. I just don't see how you can get that
high, but I could be wrong. I would like, as I think I said
I~ last time, the County to pay of the remaining balance --
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after Region J's 15 percent, the remaining part, that the
County would pick up 50 percent of the cost, up to $5,000. I
think that would come out of our professional fees. It's a
little bit unknown right now, mainly because we won't really
know exactly where we're going until this Friday. And we
don't have the time frame to wait for another Commissioners
Court meeting.
JUDGE TINLEY: Your 50 percent, not to exceed
$5,000, is the total fee capped at $5,000, or is Kerr
County's exposure for 50 percent capped at $5,000?
COMMISSIONER LETZ: It's 50 percent, up to $5,000.
JUDGE TINLEY: So, Kerr County's exposure would be
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: So, the total fee could be as much
as $10,000 under that scenario.
COMMISSIONER LETZ: Right. And if the cost -- if
the fee is more, U.G.R.A. absorbs that part, and -- largely.
And I think it's a fair approach, because U.G.R.A., their
arguments are a little bit different than ours, possibly, in
some areas. I will be handling most of the testimony from
the county standpoint, but there will -- on the modeling
part, there will be some help from the county as well.
COMMISSIONER WILLIAMS: Commissioner, to what
extent is Headwaters Groundwater Conservation District
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participating?
COMMISSIONER LETZ: It's a little bit unclear
still. We have -- I visited with Gene Williams. He's in
a -- because of a divided board on this issue, he's not real
sure where they are, and based on who's out of town and not
out of town, he's really unsure what their status is. I --
it's unknown. They may make a statement, obviously, in
support of the appeal or not support of the appeal. I don't
know. They clearly did not -- up to now, they have been very
consistently voting in favor of the appeal. But, you know, I
don't want to try to look in their crystal ball and predict
what that board's going to do.
COMMISSIONER WILLIAMS: But there is no financial
participation?
COMMISSIONER LETZ: No.
COMMISSIONER WILLIAMS: To your information?
COMMISSIONER LETZ: No, no financial participation.
Let me think if there's anything else. I think that's about
it that I know today.
JUDGE TINLEY: Mr. Emerson, do you see any problem
with the financial commitment under the terms of the agenda
item? Seems pretty broad.
MR. EMERSON: I believe it will allow it, Judge.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: I'll make a motion that Kerr
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County participate with the -- in the consulting fees in
preparation for and making the appeal of an amount of
50 percent of the consulting fees -- what did we say? --
50 percent of the remaining consulting fees, taking out the
Region J's portion first, up to $5,000.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. 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: Motion carries.
COMMISSIONER LETZ: One quick comment, and I'll put
it in everyone's box, but there is a -- a recent water
', conference. Ed McCarthy, who is very knowledgeable on water
issues, had a long talk about how critical this DFC process
is and how it is about to be one of the biggest grabs of
I
private property rights ever. That's pretty interesting.
COMMISSIONER OEHLER: I would just hope that our
Headwaters people would start siding more with the feeling of
the county as a whole, and -- and U.G.R.A., rather than being
split on decisions they make. That's really pretty
frustrating.
COMMISSIONER LETZ: Yeah. I mean, Headwaters --
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it's been a three-two split, and it's been -- Ms. Summerlin
and Mr. McVey are the two that have been voting against the
appeal. And the more I look at it, the more I don't
understand that vote. But --
COMMISSIONER BALDWIN: Yeah, me too. Just simply
doesn't make any sense. But I agree with Bruce, that -- and
when they do side with the county, they need to make it
known. Say it out loud in the community, community of Kerr
County and outside.
COMMISSIONER OEHLER: Whenever you go to the GMA-9
meeting, the representative from Headwaters on that panel or
that board down there basically thumbs his nose at the rest
of us.
COMMISSIONER BALDWIN: Yeah, speaking against us.
COMMISSIONER OEHLER: That, to me, is not
representation.
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER LETZ: Also at their board, 'cause
their board has been voting consistently, and the General
Manager has been very consistent in support.
~ JUDGE TINLEY: The minority position of the board
is the one -- of the Headwaters board is the one that's being
offered at the GMA-9 meeting.
COMMISSIONER OEHLER: Exactly.
COMMISSIONER WILLIAMS: Correct.
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COMMISSIONER BALDWIN: Sounds familiar.
COMMISSIONER OEHLER: Something about that just
doesn't seem right.
COMMISSIONER LETZ: And also, I would like to --
really, U.G.R.A. has been, you know, very helpful. Ray's
done a lot of work. They've offered up their outside counsel
pretty much, you know, at no cost, and Ray is really taking a
very strong leadership position with his board, and his
board -- Lana Edwards has done a really good job as well.
They clearly understand the importance of this to this
county's future.
COMMISSIONER OEHLER: Yeah.
JUDGE TINLEY: Okay. We've done all we can do on
that one, gentlemen?
COMMISSIONER LETZ: Mm-hmm.
JUDGE TINLEY: Let's move to Item 12; consider,
discuss, take appropriate action to nominate a candidate or
candidates to the Kerr Central Appraisal District. I put
this on the agenda because it is again that time of year, and
you've got the material from the Appraisal District about the
nomination process. My recollection is that our support
previously has been Chuck Lewis?
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: From -- he has a Comfort address.
He's from Kerr County, formerly served on 911 Board of
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Managers. I had significant involvement with that agency
when he was there, and he always did a very competent and
excellent job, but I'll defer to whatever the Court wishes to
do.
COMMISSIONER BALDWIN: Well, Judge, I want to make
a suggestion here. Let's ask Commissioner Letz to visit with
Mr. Lewis to make sure that he's willing to serve, desires to
serve -- continue serving, et cetera, and if not, we need to
come up with a -- I mean, I have no idea. I haven't heard a
peep out of him in a couple of years.
COMMISSIONER LETZ: I have not visited --
obviously, I've seen him. I have not asked him if he's
interested in continuing or not continuing. I think it's --
I've always been a believer of -- of turnover in positions.
I don't think you want to get the same people too long,
because I think you need new ideas on some of these boards.
So, you know, I'd like to visit with him first and see what
he thinks, see -- you know, and visit -- and with a little
bit of an indication of possibly making a change there.
But --
COMMISSIONER OEHLER: I think that's not a bad
idea. We're starting to get more rumbling amongst the
natives whenever it comes to the KCAD.
COMMISSIONER BALDWIN: That's right.
COMMISSIONER LETZ: And I think it's -- you know,
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Chuck's done a good job, but at the same time, I think that
it's just -- people get a little more complacent when they're
in one spot for a long time.
JUDGE TINLEY: I would note that the process
requires us to submit the names of nominees by written
resolution to the Chief Appraiser before October 15 of this
7 year.
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COMMISSIONER BALDWIN: So you're calling him at
JUDGE TINLEY: You're reading my mind,
Commissioner. You're reading my mind.
COMMISSIONER LETZ: All right, we'll do that.
JUDGE TINLEY: Let's pass on that one for the time
being, if we might.
COMMISSIONER WILLIAMS: Good idea.
COMMISSIONER OEHLER: Talk about waiting till the
11th hour. Is that what this is?
COMMISSIONER LETZ: That's a two-year or four-year?
COMMISSIONER WILLIAMS: It's two, I think. It's
two, isn't it?
COMMISSIONER LETZ: I think it's two as well.
COMMISSIONER OEHLER: Did Fourth just remind us of
this just prior to this meeting? Maybe Jody needs to make a
note of this for next year.
COMMISSIONER LETZ: Two years?
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COMMISSIONER OEHLER: So that we can do this a
JUDGE TINLEY: Well, the -- the procedure called
for before October 1, '09, Chief Appraiser notifies each
voting taxing unit of the number of votes it may cast, and
that each voting unit may nominate one candidate. So, I
suspect that if this came in before September 28th -- I don't
recall whether it did.
COMMISSIONER LETZ: 24th is the date on it -- oh,
14th is the date on it. I don't know when. Anyway --
JUDGE TINLEY: But we are where we are, gentlemen.
COMMISSIONER OEHLER: Yeah.
JUDGE TINLEY: -- let's move on to Item 13, if we
might; consider, discuss, take appropriate action to appoint
Commissioner Williams to act as Kerr County's representative
on newly formed Alamo Regional Rural Planning Organization,
in accordance with Article IV, Section 4.1(a)1(a) of the
A.R.R.P.O. bylaws. I put this on the agenda. Recent
communication from AACOG allows us to appoint either myself
or one elected commissioner to that particular organization.
I believe it's called a board, I guess.
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: And as all of you are well aware,
25 ~ Commissioner Williams is, quote, our man at AACOG, and is on
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the Executive Committee down there, amongst -- amongst other
things. So, that was my reason for putting it on the agenda.
COMMISSIONER BALDWIN: I think we need to do some
vetting here, check his background.
COMMISSIONER WILLIAMS: Yeah.
COMMISSIONER BALDWIN: His teeth. Are those all
COMMISSIONER WILLIAMS: No, I borrow some from time
to time.
COMMISSIONER BALDWIN: Okay. That's a good thing.
COMMISSIONER WILLIAMS: Let me remind the Court
what this is really about. Thank you, Judge. This is -- you
may recall an earlier occasion, I apprized the Court of the
fact that TexDOT's no longer conducting these little area
meetings with the area engineer to determine what it is that
we'd like to see happen, and then they tell us what's going
to happen. We don't do that any more. They've stopped doing
that, and they prefer to have a more regional approach to
rural planning. And the federal Department of Transportation
wants rural planning to take place in conjunction -- excuse
me -- with metropolitan planning in the major urban areas.
And while the State of Texas looks favorably upon it, they
did not enact some legislation while they had the opportunity
to do so at the last legislative session. But the district
engineer out of San Antonio is very much in favor of this
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process, so what this really is all about is that
representatives from the rural counties surrounding Bexar
County will get together. This is more under the aegis of
the rural judges' group, which is a sub-group to AACOG, than
it is AACOG generally, or particularly. And we will meet to
talk about those things that are important to rural counties
and convey that to the district engineer, who, along with the
rest of us, are voting members of the regional rural
planning. So, that's what this is all about.
COMMISSIONER BALDWIN: I move we appoint Bill.
COMMISSIONER OEHLER: I'll second that.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item.
COMMISSIONER WILLIAMS: Do you want to check my
teeth now or later?
COMMISSIONER BALDWIN: No, I'm going to take your
word for it.
JUDGE TINLEY: Further question or discussion on
that motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry.
COMMISSIONER WILLIAMS: Hey, Judge, do you want to
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go back just for a second? I have a piece of information on
the KCAD thing.
JUDGE TINLEY: All right.
COMMISSIONER WILLIAMS: I was looking through it,
and it talks about after January, members draw lots to
determine who will serve one- and two-year terms. That's
embodied way down in there, Page 12 or 13.
JUDGE TINLEY: Okay. That's after they get -- they
get seated, then they determine how long they're there?
COMMISSIONER WILLIAMS: I think that's the case.
JUDGE TINLEY: So, in discussing with our potential
nominee, we can't tell him whether he's going to be there for
one or two years.
COMMISSIONER WILLIAMS: The wav it looks like it
reads, yes, sir.
COMMISSIONER LETZ: Either way, two years goes by
pretty quick. I think we can -- you know, if he's interested
in doing it for a two-year term, and then maybe we'll make a
change.
JUDGE TINLEY: Okay. Let's go to Item 14;
consider, discuss, take appropriate action to authorize
and/or approve preliminary planning, evaluation, and other
preconstruction activities or procedures in connection with
the proposed Law Enforcement Annex/Adult Probation building.
I put this on the agenda, and you will probably see it as a
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kind of a standard item for a while, to make sure that we're
in a position to take whatever action that may be necessary
if we go forward on that -- on that project. By way of
report, I would tell you that Mr. Lewis is working on -- he's
already initiated some things on the site planning and the
drainage issues with the -- the floodplain engineer. He's
had some preliminary meetings with the City on site planning
that is required. He's working on tweaking the floor plan,
and will have a final meeting with the representative of the
Sheriff's Office, Adult Probation office, and possibly myself
and the other members of the Court as -- as needed or as
desired before he brings back some documents or construction
elements for us to approve. He indicated there wasn't
anything that he needed to put before us today. I'm not
personally aware of anything we need to get the Court's
approval on today, but I did put it on the agenda for the
purpose of -- of doing an update and being in a position to
approve anything we need to keep that project moving. Does
any member of the Court have anything else they wish to offer
on this?
COMMISSIONER BALDWIN: Not on that, Judge, but I
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JUDGE TINLEY: All right.
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this old facility, the building that we're in now?
JUDGE TINLEY: The leased premises?
COMMISSIONER BALDWIN: Right.
JUDGE TINLEY: Commissioner, I would tell you
that's going to be very, very tight --
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: -- to make that. I'm not
optimistic, but maybe we'll get lucky.
COMMISSIONER BALDWIN: Yeah. I'm wondering if
they're -- these kind of things, you know, are there more of
these kinds of things coming, planning, let's look at this,
let's approve that?
JUDGE TINLEY: Well, they got to get the
construction plans ready. Then once they get the
construction plans ready, we'll have to put those out for bid
and decide how we're going to put it out for bid. There are
a number of different ways that we can do that. Once we do
that, we put it out for bid, have an opportunity for
prospective bidders to bid, receive the bids, evaluate them,
award them, and then -- then you launch the turning the dirt.
COMMISSIONER BALDWIN: Maybe those -- maybe those
kinds of things like, you know, this awarding the bid process
that we have to make decisions on, maybe we can talk about
those things in a coming meeting to kind of be briefed on it
so we don't have to tinker with it all the time, so we can
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start making some decisions and -- or at least be
understanding how it's -- what we think is going to -- how
it's going to work so we can kick this can down the road.
I'm kind of concerned about this time frame thing.
JUDGE TINLEY: Well, I am too, Commissioner, and
even best case scenario and everything falling together in --
in the tightest time frame possible, I think it's going to be
extraordinarily difficult to meet that April 1 deadline. The
next set of good news, I guess, is our backup position is
that the -- the savings would amount to about $16,500 if we
are able to accomplish it by April 1, because we'd save the
balance of that lease, less -- six months worth of lease,
less one month, because we have to pay a month's penalty to
terminate the lease six months early.
COMMISSIONER BALDWIN: That's a lot of money.
JUDGE TINLEY: Well, it is. It is, but if it's a
question of rushing things to conclusion, maybe to the point
that after the fact, we've got some -- some corrections to
make or some things that we omitted to do, it doesn't take
much to chew that up --
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: -- pretty quickly if we've acted too
hastily. So, we'll see how it develops.
COMMISSIONER BALDWIN: Yeah, I don't want to do
that. I don't want to make hasty, wrong decisions, but I do
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want to do everything we can to get it -- get it down the
road.
JUDGE TINLEY: We're trying to fast-track this
thing just as much as we can, Commissioner, with the legal
requirements that we got to comply with and that -- that
we've got to offer in the way of opportunity for bidding and
so forth.
COMMISSIONER BALDWIN: Thank you.
COMMISSIONER LETZ: Judge, on that same note, why
can't we decide the bid process today, and then start
preparing the -- the bid documents? 'Cause they're going to
be based on the final construction plans. That way, we're
not -- I mean, we're not going to do anything, but I wouldn't
know why those documents would change any, 'cause you're
basically per attachment. And figure out -- I mean,
there's -- you know, you said there's different ways we can
bid it, I presume thinking of -- you know, to me, the way we
do a project like this is, it makes sense if Mr. Lewis is
responsible for -- you know, as kind of our man on the spot
to make sure it's built according to plans; that we're just
going to put it out to low bid based on his specifications.
JUDGE TINLEY: Well, there's some -- there's some
alternative bidding processes of whether or not we want to
bid slab and the base shell construction as one element,
whether we want to bid the interior finish out in two
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components so as to get an early finish out on the probation
side. There's some options that I think Mr. Lewis wants to
look at and put before us, and some of that's going to be
determined on how those final plans come out. If you can,
for example, separate the finish out into two -- two phases,
two components, for example, whether or not you want to
reserve out another option to exclude saving interior
painting and finishing that we may want to do in-house, or
other things we may want to do in-house. It's -- I don't
think it's as simple as just saying we're going to
competitively bid the thing on a turnkey basis. In my
preliminary discussions with Mr. Lewis, I think he's
inclined -- I indicated that I thought bidding the shell and
the foundation as one component, and then the finish out
maybe with options as a second component. I think he seemed
to think that may be the way to go, as opposed to bidding it
as a turnkey; that we might be able to save some money.
COMMISSIONER LETZ: I guess I'm going to be
reluctant to go with something that's not pretty close. It
can be built in two components, but I'm not going to be in
favor of having a project where we're -- where the County's
Maintenance Department is responsible for finishing out
anything other than -- at least the first phase of it. I
mean, leaving one part of the building unfinished, I don't
have a problem working on that, but I see a -- an issue of
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accountability all of a sudden if you start -- you know, if
the County is going in there, finishing stuff out, and then
they nick something, and then you have to go back and do
sheetrock work, and I just want one person responsible.
COMMISSIONER WILLIAMS: Particularly if you have a
contractor on the job.
COMMISSIONER LETZ: Yeah.
COMMISSIONER WILLIAMS: That can happen.
COMMISSIONER LETZ: It's -- I just think that we're
asking for trouble, especially with the tight time framework,
if we turn part of it over to our Maintenance Department to
finish. I'm just not in favor of that, except for the part
that we're not going to finish out. As opposed to doing it
in, bidding it out. Whereas finishing one part before the
other, I mean, doesn't make any difference to me. I can't
imagine how that's going to save us the 16,5 that you're
talking about. You know, they're going to -- lots of that
stuff, it takes -- you know, you bring the electricians in
and they come in at a certain stage, and if you have people
come in in a different order, it's going to eat up 16,000
real fast. So, to me, I'd just like to get the -- you know,
I want to -- I want it built and done.
JUDGE TINLEY: Well, those are some issues I'd like
to have Mr. Lewis in on the discussion, obviously.
COMMISSIONER LETZ: Right.
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JUDGE TINLEY: And my plan is -- is to have him
here next meeting, and I think he'll be in a position to lay
in front of us where he is at that time, and we'll probably
be in a position to direct him in the manner to how the thing
ought to be -- go forward on bidding and so forth.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: Okay.
JUDGE TINLEY: Anything else? Okay. Let's go to
our 10 o'clock item, to consider, discuss, take appropriate
action on a resolution for the Dietert Senior Center's Meals
on Wheels grant application. Ms. Woods, good to have you
here this morning.
MS. WOODS: Good morning.
COMMISSIONER OEHLER: Good morning.
MS. WOODS: How are y'all? I'm Tina Woods, and I'm
the Executive Director at the Dietert Center, and I'm happy
to be with you again this morning. First of all, thank you
again for the generous support that you have given our Meals
on Wheels program for the past many years. And I came to you
last year also requesting this resolution. The Texas
Department of Agriculture has a grant program that originally
was just supposed to last two years, but thanks to Meals on
Wheels of Austin and Meals on Wheels of Texas, they were able
to successfully negotiate to have the grant continued for two
more years, which is wonderful for us. But part of our
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ability to apply for this grant, first of all, we have to
receive money from the county, which you guys have been so
gracious to give us in the past, and we -- and this year as
well, which we greatly appreciate. We also require a
resolution that states that the county has given money
towards our program, as well as that you approve our
accounting system. So, I'm here to ask you again for another
resolution.
The grant deadline is November 1st. Last year we
received $64,000, which was just more than we expected. We
had about 20,000 unfunded meals last year. We will have
about that same number this year. We don't put folks on a
waiting list for our Meals on Wheels program. And,
ironically, what we've discovered with this grant process,
the grant is awarded on your unfunded meals of the year --
previous year, and for providers who have a waiting list,
they can't demonstrate that they've had unfunded meals. So,
even though folks might have been eligible to apply, the
grant awards have been larger than that dollar per meal that
they anticipated early on, because some folks do put seniors
on a waiting list. We feel they've got to eat, and we'll
find a way to get the money somehow, and so we do have a bulk
of unfunded meals annually, so we're able to get more money.
So, it was wonderful.
COMMISSIONER LETZ: Move approval of the
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resolution.
COMMISSIONER WILLIAMS: I will second it. And I
want to say for the record that Tina's organization does a
tremendous job, and it is recognized at AACOG through
Department of Aging up there as one of -- one of the premier
providers of service that we deal with or fund. And there's
just no question about that. We see others in the south
Texas region who have nothing but problems and inability to
service the people that they try to service, and then there's
Dietert. And Dietert always stays in the forefront, and
that's a great credit to you, Tina. I have one question,
however. On this "Resolved" on the resolution, it talks
about the County hereby certifies that it's made a grant to
the organization in the amount of, to be used between -- and
that is for unfunded meals; is that correct? Or is that
just -- can you certify that the amount of money that the
County gives to Dietert each year qualifies under this
particular paragraph?
MS. WOODS: It does qualify. It doesn't state that
the grant funds have to be for unfunded meals. The
Department of Agriculture grant is based on unfunded meals.
COMMISSIONER WILLIAMS: Okay.
MS. WOODS: But our county agreement states that we
can use those funds for our program, as long as it doesn't
pay salaries, and we always use that to purchase food. Our
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food budget is about $150,000 annually, so we definitely can
devote that towards food purchases.
COMMISSIONER WILLIAMS: Okay, thank you.
COMMISSIONER LETZ: Tina, on Section 3, is there a
-- do we have a formal document that says we appeal -- I mean
approve your accounting system?
MS. WOODS: No, we really don't. If the Court
would like us to create something, or have the County Auditor
come and work with us to certify that, that would be great.
COMMISSIONER LETZ: I think it probably wouldn't
hurt just to use the wording, "The County hereby certifies
that it approves the organization's accounting system or
fiscal agent." I think if you do just a letter from the
Auditor approving the fiscal agent, we probably -- that way
it's in your file and our files. Probably wouldn't be a bad
idea.
MS. WOODS: Sure, that would be great.
JUDGE TINLEY: Probably serve to protect both of
us.
MS. WOODS: Right. We do provide a copy of our
annual audit.
COMMISSIONER LETZ: Right.
MS. WOODS: Which has been done by Pressler
Thompson. This year will it will be done by Davidson Freedle
Overby. But, yes, that would be wonderful.
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COMMISSIONER WILLIAMS: Or a copy of that audit on
file with our Auditor's office.
MS. WOODS: You get one every year.
COMMISSIONER WILLIAMS: Okay.
MS. WOODS: And so does Judge Tinley.
COMMISSIONER LETZ: That may be sufficient, but
just -- you know, a -- you know, doesn't hurt to get a
letter.
COMMISSIONER OEHLER: Maybe change what that
states.
MS. WOODS: We'll be happy to do that.
JUDGE TINLEY: Ms. Woods, in previous years, you
were somewhat surprised by the amount of the awards you got
because we were providing assistance, and you had indicated
that a number of other organizations similar to yours went to
school on that, where they were not getting county
assistance, and they went to their county commissioners
courts and said, "We can give some leverage if you'll --
you'll give us some money here." Has that materially
impacted the amount of the assistance that you folks have
gotten under this program?
MS. WOODS: Possibly a little bit, only because
~, more providers were able to be eligible to receive the funds.
The question is how many unfunded meals they provided, and if
anything, it may be moving some groups that were using a
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waiting list type of program to go ahead and provide meals
for their constituents, simply because they can't access the
grant funds if they can't show they had unfunded meals. But
I do think that several providers have gone to their counties
and asked for assistance, and it has opened those doors a
little bit so that more seniors are being fed across the
state, 'cause this is a wonderful incentive to do that.
JUDGE TINLEY: Bottom line, the seniors of this
state have benefited from this.
MS. WOODS: Oh, absolutely.
JUDGE TINLEY: Okay.
MS. WOODS: Absolutely.
JUDGE TINLEY: I have a motion and a second.
Further question or discussion on the motion? All in favor
of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Thank you.
MS. WOODS: Thank you so much.
COMMISSIONER BALDWIN: Thank you.
MS. WOODS: We appreciate it, and I'll get with
Jeannie and work on that letter.
COMMISSIONER LETZ: Okay.
MS. WOODS: Thanks.
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JUDGE TINLEY: Okay. Why don't -- why don't we go
to Section 4 of our agenda.
COMMISSIONER BALDWIN: We're not going to take a
short break? I just wondered. Not getting old like you,
(Discussion off the record.)
JUDGE TINLEY: Payment of the bills.
COMMISSIONER LETZ: Guess it's no.
COMMISSIONER WILLIAMS: Move approval.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion on the motion?
COMMISSIONER BALDWIN: Judge, I do have a -- on --
I had about 40 questions, and I forgot to mark them as I went
through. But these are just -- I'm sure this is simple. On
Page 31 -- are you there?
MS. HARGIS: Yes.
COMMISSIONER BALDWIN: Okay. Krauss' Garage, fuel
and oil, $1,300.
MS. HARGIS: There were several repairs on his
automobile through there that -- we just reviewed that this
morning with the Judge. It's a pretty large invoice covering
his air conditioning system and several other items he had
repaired, so that's just the only item they have to ut that
p
type of -- we don't have maintenance of his cars in that line
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item.
COMMISSIONER BALDWIN: I see.
COMMISSIONER OEHLER: Shouldn't that be listed as
repairs rather than fuel and oil?
COMMISSIONER BALDWIN: Yeah. "Fuel and oil" is --
COMMISSIONER OEHLER: Is that your question?
COMMISSIONER BALDWIN: -- what threw me.
COMMISSIONER WILLIAMS: Or separate the two.
MS. HARGIS: We don't have a budget for the two,
and we can.
COMMISSIONER LETZ: It's the constable.
SHERIFF HIERHOLZER: Oh, constable, okay.
COMMISSIONER WILLIAMS: Don't get excited, Sheriff.
SHERIFF HIERHOLZER: I knew I had a budget for the
two. I was wondering --
MS. HARGIS: No.
COMMISSIONER BALDWIN: Whatever.
JUDGE TINLEY: There's about 82,000 miles on that
vehicle, and extensive brake work was also done. It was a
blower assembly that had to be replaced or something. There
was -- it went on for about a page and a quarter worth of
things that were done. I -- I had Tess pull the bill and
brought it to me this morning.
COMMISSIONER BALDWIN: The next page, second item,
Ken Stoepel Ford, and then the third item under there for
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$358, the word "organizer" threw me a little bit.
MS. HARGIS: I didn't review that one. I'll have
to review that one.
MS. MABRY: I believe it was a trunk organizer.
(Discussion off the record.)
MS. MABRY: It was a trunk organizer.
COMMISSIONER BALDWIN: I'm sorry, I can't hear you.
MS. MABRY: A trunk organizer.
COMMISSIONER BALDWIN: Trunk organizer?
MS. MABRY: Yes, for his vehicle.
COMMISSIONER OEHLER: That's Constable 3, right?
MS. HARGIS: Yes.
COMMISSIONER BALDWIN: That's Constable 3.
COMMISSIONER WILLIAMS: His commissioner should
know the answer to that.
COMMISSIONER BALDWIN: $358 for a trunk organizer?
Okay. Is that a person or is that a box, or what is that?
MS. MABRY: No.
SHERIFF HIERHOLZER: A large box dividing it out.
You can purchase those that help keep all his different
equipment --
COMMISSIONER BALDWIN:	Look who	knows	about it.
SHERIFF HIERHOLZER: -	- in the	trunk.	I get
advertisements for them all the time.
COMMISSIONER BALDWIN: And then two more down
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there, G.T. Distributors, Inc., operating equipment.
MS. HARGIS: That's his ammunition.
COMMISSIONER BALDWIN: Armor.
MS. HARGIS: That's his ammunition that he buys
COMMISSIONER BALDWIN: Okay. I think it's just
these words like "armor"; that's what throws me a little bit.
MS. HARGIS: Well, the individuals are now putting
these in, so -- we try changing as many as we can.
COMMISSIONER BALDWIN: Page 40, Rabies and Animal
Control, three-quarters of the way down, Tractor Supply,
capital outlay supplies, $915. What do they buy over there,
Bruce? Do they buy, like, feed buckets? Troughs? Pens? Or
what do you reckon?
COMMISSIONER OEHLER: I'm not real sure what this
I one is.
COMMISSIONER BALDWIN: What is that?
COMMISSIONER OEHLER: Do you have any idea what it
is?
MS. HARGIS: I didn't check this one either. I'll
have to look on this one.
COMMISSIONER BALDWIN: Wouldn't it be something
like that, though, from Tractor Supply?
COMMISSIONER OEHLER: Yeah, it's going to be
some -- some things like you described. More than likely
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some -- some dog food and stuff, too.
COMMISSIONER BALDWIN: Oh, okay.
COMMISSIONER OEHLER: Cat food, dog food they run a
special on or something. That's the -- they sell that there
too.
MS. HARGIS: Eva seems to know.
MS. HYDE: This is the one where they changed those
pens out. Tim had to help build that stuff to cover --
COMMISSIONER OEHLER: Oh, the covered sheds back
there. That's what they got there. That was --
MS. HYDE: Yeah, that's the --
COMMISSIONER OEHLER: -- the tin and the posts.
MS. HYDE: And Tim did all the work.
I
COMMISSIONER OEHLER: Okay. Well, that explains
I that .
COMMISSIONER LETZ: Capital outlay.
COMMISSIONER OEHLER: Gosh, it's been a while.
That's been done for three or four months.
MS. HYDE: Yeah, they just got it done; getting all
the bills in.
COMMISSIONER OEHLER: That last pen. The last
cover over some stalls.
MS. HARGIS: It doesn't show up.
COMMISSIONER OEHLER: Storage shed for the
trailers.
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MS. HYDE: The bill didn't come in last month's
COMMISSIONER OEHLER: Anyway, it's cheap enough.
COMMISSIONER BALDWIN: That's all, Judge.
JUDGE TINLEY: Any other questions or comments on
the bills? 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. Do we have
MS. HARGIS: No budget amendments.
JUDGE TINLEY: Any late bills?
MS. HARGIS: Yes, we do have some late bills.
They're really not late, but these are bills we need to get
into the system.
JUDGE TINLEY: These are encumbrances?
MS. HARGIS: These are encumbrances, and we needed
to get them in the system so -- we wanted you to be able to
see them. We didn't run them through direct payables; I
don't like doing that. But these are what we call direct
~I payables, but they're for you to see, so we call them late
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bills. And these are the ones that -- some of the bills that
are coming in marked September, and we need to get them in so
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that we get -- we can close our books, which we're trying to
do for the audit.
COMMISSIONER LETZ: Move approval.
COMMISSIONER WILLIAMS: Second.
~, COMMISSIONER BALDWIN: For what?
JUDGE TINLEY: Motion made and seconded for
approval of the late bills.
COMMISSIONER LETZ: They're in our books.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Question or discussion on the
motion? 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.
(No response.)
JUDGE TINLEY: Motion does carry.
THE REPORTER: Did you vote, Commissioner?
COMMISSIONER BALDWIN: No, I didn't vote. Thank
you for asking. But I will next time.
JUDGE TINLEY: I've been provided with monthly
reports from -- excuse me -- Constable, Precinct 1, County
Clerk, J.P. 4, J.P. 3, District Clerk, J.P. 1, and
Environmental Health. Do I hear a motion that these reports
be approved as presented?
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COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the reports 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
ahead and do Section 5 quickly; reports from Commissioners in
their liaison or committee assignments. Commissioner Oehler?
COMMISSIONER OEHLER: Nothing in particular, except
that we do -- Animal Control did capture a barasingha the
other day running down the highway, so now we have an exotic
', animal that's maybe shortly put on the endangered species
list, and she has it -- has it --
something.
COMMISSIONER LETZ: Barasingha?
COMMISSIONER OEHLER: It's an exotic deer.
COMMISSIONER BALDWIN: Like an elk or a moose or
COMMISSIONER OEHLER: Like a whitetail, but a whole
lot bigger. And native to either India or somewhere like
that.
COMMISSIONER BALDWIN: Is that that thing that
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killed the fellow --
COMMISSIONER OEHLER: Same animal that killed --
very docile animal normally.
COMMISSIONER WILLIAMS: Wow.
COMMISSIONER OEHLER: But they tranquilized it the
other day, and it's being held by a man who has a facility
that has agreed to do that very inexpensively, because we do
not have it out at Animal Control. And --
JUDGE TINLEY: Any more exciting news?
COMMISSIONER OEHLER: That's enough. We don't need
any more wild animals for a while.
COMMISSIONER WILLIAMS: That's good.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: No, sir. My Historical
Commission is my report for the month, or week or whatever.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: The Court may well remember
that we have an interlocal -- or a letter of intent,
actually, from the Kendall County W.C.& I.D., signed by both
me and Kerr County with respect to an intent to negotiate an
interlocal agreement for wastewater and related services.
The first meeting will take place this week; Commissioner
Letz and I will be there.
JUDGE TINLEY: Anything else?
COMMISSIONER WILLIAMS: No, sir.
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JUDGE TINLEY: Thank you, sir. You got anything
COMMISSIONER LETZ: Just one non-water thing that
I'm kind of involved in. I don't know how I get involved
with some of these things, but most of us have heard probably
about Camp Bullis, and there's some legislation on buying
land and all this stuff. Well, somehow or another, that's
also been tied in now with L.C.R.A. power lines because of
mitigation that L.C.R.A. may have to do with some of these
power lines. And one of my constituents thought that I
~' should be advised of this. And even though the person
heading this up out of Bexar County I don't think was overly
enthusiastic, I will either be on one of two committees, it
appears, creating the habitat conservation plan for four
birds, some invertebrates, and 18 plants. That covers a good
part of the hill country, and all in my precinct.
COMMISSIONER WILLIAMS: Congratulations,
Commissioner.
COMMISSIONER OEHLER: Sure glad it's in your
precinct and not mine.
COMMISSIONER LETZ: I'm trying to figure out how
it's -- you know, I'm not sure which of the two groups I'm
going to end up on. But --
COMMISSIONER OEHLER: Is this going to us cost any
more consulting money?
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COMMISSIONER LETZ: I don't believe so.
COMMISSIONER WILLIAMS: Is this going to be another
COMMISSIONER LETZ: That I don't know. Hope not.
But it is rather -- it is interesting; I will say that.
~' COMMISSIONER OEHLER: Good luck.
COMMISSIONER LETZ: Yeah. I'll need it with this
group, I'm afraid.
JUDGE TINLEY: Any other exiting news you have for
us, Commissioner?
COMMISSIONER LETZ: That's it.
JUDGE TINLEY: Okay. Well, now, why don't we take
us about a 15-, 20-minute recess. We'll come back and pick
up the one remaining item.
(Recess taken from 10:22 a.m. to 10:45 a.m.)
JUDGE TINLEY: Okay, let's come back to order from
our recess. We'll continue with Section 5. Do we have any
reports from elected officials or department heads? Sheriff?
SHERIFF HIERHOLZER: I wanted to give a quick
update on our jail status and population and stuff, and where
I see our direct file -- how it's working, things like that.
i So, right off the bat, we are currently -- this morning we
were at 158 inmates in that jail, which has gone up quite a
bit from the upper 90's that we were. Of those 158 inmates,
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55 of them have County Court at Law charges; 26 of those have
already been taken care of and disposed of. Actually, 29
have been taken care of and disposed of. Rex has 26 pending,
which is not that bad for misdemeanor cases. The 216th court
has 42 inmates in jail; 9 of those have already been disposed
of, so they have 33 pending. Of those 33 pending, 17 have
been in there for over 100 days. What most of those 17 are
is the organized crime murder case that was worked several
months ago, last summer -- almost a year ago, from up in
Ingram. And those are just taking a long time, because, one,
the Court ordered that all the interviews be transcribed, be
videotaped interviews, and you're talking hundreds of them,
and so the cost there, and the time, and it's got to be done
for each defendant. Each defense attorney has a right to
have copies of all those things, so there's just beaucoups of
stuff that's going to be going in that one. The 198th has 41
inmates in jail. Three of those have been taken care of, so
they have 38 pending, compared to the 33 pending in the
216th. And they have seven with over 100 days in jail. Now,
some of those in both courts -- and the over 100 days is
important, but you have to remember, we have to count, like,
Vincent Seard, okay, and a couple others that are in mental
hospitals at different locations that we're still responsible
for.
25 ~ COMMISSIONER BALDWIN: Yeah. But, Rusty, you do
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not put them in these numbers here, do you?
SHERIFF HIERHOLZER: Yes, they're all in those
numbers. They're still counted as ours. They're not counted
against our in-house population, 'cause they're technically
in another facility.
COMMISSIONER BALDWIN: So, these numbers are not
in-house population?
SHERIFF HIERHOLZER: The 158 is total population.
The -- the inmates that are being housed out of the county,
but ours, are six, so you got 152 total in-house population
as of this morning. Now, those totals that you get, and that
I'm giving you, still leaves 35 other inmates that aren't in
either one of the three courts. Ten of those -- today, 10 of
those are Gillespie County inmates, okay, which still leaves
another 25 inmates. Those are either your child support
inmates or your -- they were brought back on a civil case
from T.D.C. and they're here on a bench warrant so that they,
you know, can testify in another case, or civil case, or not
really in either court any more. Or they're your parole
violators that we're waiting for the Parole Board to do
something on, or they may be new ones that came in that the
case file hasn't made it to a court to be assigned a cause
number yet. And so --
COMMISSIONER OEHLER: What do you think it will be
by the end of the week?
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SHERIFF HIERHOLZER: I think still we're going to
be running real close to the same, okay, on everything. My
concern is the -- and you have the two different deals that
we're working. Direct file is a way of making sure they
don't fall through the cracks, and then you have the fast
track, is the way that we get them plea offers and get things
moving quicker. Our fast track is not going as fast as I
would like to see it. They did plead a number of them out
last week, but they only had two attorneys that -- defense
attorneys that were really doing that, and getting a lot of
conflicts of -- of different cases in different counties, and
so it's slowing that process down. 198th is doing better.
They weren't using it quite as much as they had been. 216th
is slowing way down right now. I think we'll have to wait
and see what the future brings, whether it's with a District
Court Judge appointment and who ends up taking over that, and
I know that the assistant that's kind of running a lot of
those things in the 216th is not near as fast. She likes to
have -- I think that she likes to have people sit in jail
longer, and not quite the offers made that the -- that the
other assistant was making, so it clogs up the system more
there. But when you look at overall numbers in the 216th, 33
pending is not bad. It`s just the 17 that are over 100 days,
they're sitting there longer. So, that's kind of where we
are.
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JUDGE TINLEY: With regard to the cases that have
been disposed of, I assume those are paper-ready to go to
some other facility?
SHERIFF HIERHOLZER: Depending on which court,
okay, and what the other cases are. Rex has a number of his
that are taken care of. Now, once in a while -- not very
many Rex does, but once in a while, there are some that have
to do 365 days in jail, you know, things like that, that need
to be there. Rex does -- and so they're fulfilling those
sentences. In the district courts, where we run into a lot
of issues is if there is -- they may have a case in each
court, which then it's -- this court's waiting on this court,
and no, this court's waiting on this court, and it just gets
all drug out forever. Or you have them with a parole
violation and a new district court charge. Then the parole
people don't want to take care of the parole violation until
they see what happens to the new court charge. The new court
charge, the Court doesn't want to take care of that court
charge until they see what happens with the parole violation,
and they sit there forever and we can't get them moving,
because one court's waiting on another court. 'Cause they --
they want to see what they're going to do before they make
some kind of offer. So, it does slow things down. The only
issue I have is that I just don't like seeing it -- you know,
if we were at our -- our 80 percent, and what I've told y'all
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is I thought, with the way it was going down to 95, we could
make it another, you know, eight years or so, six years. And
a lot of these out of that 35 will go down, okay. So if you
take 10 out and get 148, you take some that will get out
today, the misdemeanors that came in over the weekend, you're
probably down to 140. Some of those civil ones, you know,
you're all right. I said 148 -- 158; take the 6 off there
first. Let's start at 152 in-house. Take 10 out of there,
it's 142. Take what came in out over the weekend and drop it
down, that would get out during -- during the day; you're
probably talking 142 -- probably about 135. And some, Rex
may get out tomorrow; he's got court on Tuesday. We're still
talking a population -- sound population of probably 130.
COMMISSIONER BALDWIN: Now, Rusty, so about 130.
And how many of those are out-of-county?
COMMISSIONER OEHLER: Ten is what he said a minute
ago.
SHERIFF HIERHOLZER: I already took those out.
COMMISSIONER BALDWIN: You took that --
SHERIFF HIERHOLZER: 130 is going to be ours.
COMMISSIONER BALDWIN: 130 would be ours?
SHERIFF HIERHOLZER: Right now.
COMMISSIONER BALDWIN: And I understand -- I
understand the organized crime issue.
SHERIFF HIERHOLZER: That's a large number.
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COMMISSIONER BALDWIN: And there was another issue
kind of like that; I can't remember what it was now, but
those were two -- two issues. The Judge has ordered them
there for "X" amount of time. I understand those things.
But tell me again now why they're still hanging around there.
I mean, we have a court, we have a judge, and we have a
prosecutor.
SHERIFF HIERHOLZER: Well, it's how many --
COMMISSIONER BALDWIN: And we have this direct --
SHERIFF HIERHOLZER: You're always going to have
those that are going to hold out till the last minute to get
the best offer they can, or that are just going to choose to
take a jury trial. And if they're going to take a jury
trial, Buster, you're talking -- you know, you can't try but
more than about six a year, so they get tried here in
district court.
COMMISSIONER LETZ: How -- I guess, if I see where
Buster's going, and I would agree, how do we get the D.A.'s
to stop the negotiation and make the best offer, period? I
mean, I think once the -- and I know -- and I know the
answer, too; everyone's shaking their head. We have no
ability there. But, you know, from a citizen standpoint, I
mean, not just being a commissioner responsible for budget
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stuff, I don't really like the idea of negotiating. They
should just make their offer.
COMMISSIONER BALDWIN: Absolutely.
COMMISSIONER LETZ: Why should they be negotiating
on a felony?
SHERIFF HIERHOLZER: You need to talk to the
prosecutors and defense attorneys about that.
COMMISSIONER LETZ: The facts are the facts, and
you make the best offer that you do for this person. I mean,
if they end up with a year less, or -- I mean, they need to
figure out what they can live with and do it. I just don't
understand the difference. And if it isn't working, then we
need to defund some of these spots.
COMMISSIONER BALDWIN: Yeah.
SHERIFF HIERHOLZER: Well, the problem you have at
this point -- I definitely wouldn't defund. I think if you
defunded any of these spots, you'd see jail population --
that would -- you know, we'd cut off our nose to spite our
face on that. Realistic offers, you know, some prosecutors
are just going to be more hard-nosed and hard -- and want
longer sentences, which, being a law enforcement officer, I'm
all for, okay? But I would rather see them serve that
sentence in T.D.C. than here.
COMMISSIONER BALDWIN: Yeah, not here.
25 ~ SHERIFF HIERHOLZER: Is my opinion. But, you know,
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it's one of those, can do you it? But we have jumped up, you
know, 30 in population in three months.
COMMISSIONER BALDWIN: Rusty, just let me ask one
more question, then I'm through. For a minute. Friday
morning, how many -- how many prisoners were removed from
your jail from the -- from the Friday morning court?
SHERIFF HIERHOLZER: Removed, probably none.
Sentenced, I think about six or seven.
COMMISSIONER BALDWIN: So, eventually those people,
when they get the paper ready and T.D.C.'s ready to receive
them --
SHERIFF HIERHOLZER: Yeah.
COMMISSIONER BALDWIN: -- and all that stuff, then
they will leave?
SHERIFF HIERHOLZER: Right.
COMMISSIONER BALDWIN: Is that the only thing that
we deal with in there, is T.D.C. type folk?
SHERIFF HIERHOLZER: The Friday morning dockets,
most of that is going to be felony cases, okay, that may or
may not be going to T.D.C., or may have, you know, other
county charges somewhere else. Just have to see.
COMMISSIONER BALDWIN: Sounds like to me the
options are they go to T.D.C., they go to another county, or
they sit in your place.
SHERIFF HIERHOLZER: Or -- or a lot of times
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attorneys will make motions to have the bond lowered.
Sometimes the bond gets lowered and they'll make bond.
COMMISSIONER BALDWIN: How do you like that?
SHERIFF HIERHOLZER: Depends on the case.
JUDGE TINLEY: Is there primarily one single thing
that's causing this to creep up again? I think what I'm
hearing from you is, in the past weeks, the number of plea
bargains that have been struck previously --
SHERIFF HIERHOLZER: Have slowed down.
JUDGE TINLEY: That's -- in the past few weeks, it
hasn't been what the norm has been prior to that.
SHERIFF HIERHOLZER: I think the -- I think the
prosecutor that was hired and assigned to help do a lot of
the -- the fast tracking, okay -- the direct file's working.
I'm not complaining. The fast tracking, I think he is doing
as much as he can do. And I think you have --
JUDGE TINLEY: Based on the authorization that he
I has .
SHERIFF HIERHOLZER: That's exactly it. Okay?
That's where you're going to be, is the authorization and the
ones that he can make the offers on, that aren't pulled --
"No, we're not making that offer" -- pulled from him, all
right, I think is working. I think you have two issues with
-- and it's both courts, all right? One court that -- that
wants to do most of it still themselves, although he is
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coming around and doing more and more; that's the 198th. And
the 216th is -- an assistant says, "No, we're not making that
offer," you know, "I'm not going to let them plead for that,"
and then they sit for a lot longer, type deal. Both of
those, I don't think neither you nor I can really control
much of, so we're where we are. It's not bad, but it has
gone up a lot more than what I was hoping it would be up at
this time.
COMMISSIONER BALDWIN: This picture that	you just
drew, of -- of 216th D.A.	-- Assistant D.A.	not wi	lling to
take the deals as readily	as 198th or anyone	else	would, has
that increased? I mean, we have an increase	here,	a major
increase. Now, has that -	- are we -- did we	make	somebody
mad in our budget process,	to where they're	going	to hold
our --
SHERIFF HIERHOLZER: I think it's a difference in
philosophy between different prosecutors.
COMMISSIONER BALDWIN: Well, that's always been
there.
SHERIFF HIERHOLZER: If I were offering somebody --
COMMISSIONER BALDWIN: It's always been there,
hasn't it? Where's the increase?
SHERIFF HIERHOLZER: Ask your prosecutors.
COMMISSIONER BALDWIN: Okay, I will do exactly
25 I that.
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SHERIFF HIERHOLZER: I think they need to speak for
themselves. I'm just giving you where we are. 216th has got
40 -- 216th has got 33 pending cases, with 17 over 100 days
in jail. 198th has 38 pending cases, with 7 over 100 days in
jail. That's the main thing I can tell you.
COMMISSIONER BALDWIN: So, we went from 97 to 158
because a D.A. doesn't want to --
SHERIFF HIERHOLZER: I think there's a lot of
different factors, Buster.
COMMISSIONER BALDWIN: Okay.
SHERIFF HIERHOLZER: I don't think it's just
because of a D.A. I think it's a lot of different issues,
and different people.
COMMISSIONER BALDWIN: It just amazes me, all of a
sudden we have a lot of different issues. Just all of a
sudden. The number --
SHERIFF HIERHOLZER: Not all of a sudden.
COMMISSIONER BALDWIN: What do you mean, not all of
a sudden? We were down to 90 -- in the 90's, working this
program, and then all of a sudden we've doubled.
SHERIFF HIERHOLZER: Some take plea bargains, some
don't. Some, you know, inmates want their day at a jury
trial. I can't blame it totally on the D.A.'s. I've seen
our jail population in the past years go over 200 and down to
95, okay? But it's not all of a sudden. But, yes, it's
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jumped higher quicker than what I'd like to have seen after
we started the fast track and the direct file.
COMMISSIONER OEHLER: Buster's going to go visit, I
can tell.
COMMISSIONER BALDWIN: I am. I am.
COMMISSIONER OEHLER: You should. That's your
boy -- your liaison, isn't it?
COMMISSIONER BALDWIN: I don't know.
JUDGE TINLEY: It is now.
COMMISSIONER BALDWIN: It has been for about a
year, just trying to get this thing put together.
JUDGE TINLEY: Thank you, Sheriff.
MR. EMERSON: Just for what it's worth, too, if the
fast track slows down, it increases the misdemeanor numbers
also, because we have a lot of concurrent cases.
JUDGE TINLEY: Mm-hmm.
MR. EMERSON: And the defense attorneys don't want
to plead to -- they don't want to plead their clients on
misdemeanors before the felonies.
COMMISSIONER WILLIAMS: Real domino effect.
JUDGE TINLEY: Sure.
SHERIFF HIERHOLZER: All the way around. Major.
JUDGE TINLEY: Thank you, Sheriff.
SHERIFF HIERHOLZER: You're welcome.
JUDGE TINLEY: Any other elected officials?
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MS. HYDE: Insurance. An update for the insurance.
Gary and I worked last week, and as of Thursday, we now have
six competitive bids isolated. The competitive bids have
multiple options, which are -- which is good; we haven't had
that many that had multiple options in the last couple years.
At this time, we will be within the projected budget, which
should make everybody real happy. We were a little bit
nervous when we opened up the first few. All the benefits
look to remain the same, with a few changes in prescriptions,
and we'll give you guys an update on that, because he and I
are going to work on it again this week. At the end of this
week, it should take us about eight days, because we will
have to work back with these bids and make sure that all the
information is accurate and correct. We did receive one
ominous, threatening letter from a vendor that's been shared
with the Judge and with the County Attorney, who the County
Attorney -- attorneyed.
COMMISSIONER WILLIAMS: It wasn't ominous. Oh,
that's right. Yeah, it was ominous. It was threatening.
MS. HYDE: We did finish -- Gary and I finished
last Thursday evening the initial spreadsheet, and now what
we're doing is we're verifying the quotes to make sure that
all the things are in there that are supposed to be in there.
Most of them will want one more pass-through on what our
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trends are, any -- you know, anything new that's hit us in
the last 60 days. And just -- I think everybody knows, but
just in case, FARA notified us that they wanted us to move to
a different vendor; they're getting out of the medical
portion of insurance. And we also received notification that
Monumental, who is our stop loss carrier, has decided -- they
pulled their offer as well. So, that's where we stand. So,
we're --
JUDGE TINLEY: On renewal?
MS. HYDE: Yes, sir.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: How do you address the FARA
MS. HYDE: I'm sorry?
COMMISSIONER WILLIAMS: How do you address the FARA
issue? Is there another vendor that you're looking at?
MS. HYDE: Yes, sir. They put in a bid for -- they
are now in the process of merging those two companies.
COMMISSIONER WILLIAMS: I see.
MS. HYDE: So, that's an update on the insurance.
We should have -- Gary and I are pretty optimistic that at
the next Commissioners Court meeting, we can probably bring
you the information and make the suggestions. We're trying
to be aggressive on it, to get it out there.
JUDGE TINLEY: Okay. Will we have enough recent
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claims information to the -- to the bidders so that they're
something unforeseen.
JUDGE TINLEY: Yeah.
MS. HYDE: And then what we would do is just -- we
would give them our best guess estimate based on last
trending. So, flu shots. They are going to be on
November 4th, which is a Wednesday.
COMMISSIONER BALDWIN: Do I get one?
MS. HYDE: Sure.
COMMISSIONER BALDWIN: Okay.
MS. HYDE: Do I get to give it to you?
COMMISSIONER BALDWIN: No.
COMMISSIONER LETZ: Is there a makeup day?
MS. HYDE: What we'll do is we will help you by
making an appointment over at the Schreiner One building so
that you can go over there and get it. But -- I'll tell you
later.
COMMISSIONER WILLIAMS: No comment.
COMMISSIONER LETZ: Department of Health?
MS. HYDE: Yes, sir.
COMMISSIONER LETZ: Okay. I didn't know -- I mean,
I thought --
COMMISSIONER BALDWIN: Get your food stamps while
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~ my mouth.
COMMISSIONER WILLIAMS: Took the words right out of
MS. HYDE: The health and wellness reimbursement,
the Sheriff and I are going to finish that up this afternoon.
I'd like permission, with y'all's -- okay, to work with
Commissioner Baldwin to make sure that it meets what you guys
would want to see as far as, "Yes, I've done it," "No, I've
not," and what we're going to use.
I JUDGE TINLEY: The certification on --
MS. HYDE: Yes, sir.
JUDGE TINLEY: -- the wellness participation?
MS. HYDE: Yes, sir. Would it be all right if I
worked with Commissioner Baldwin on that?
JUDGE TINLEY: Being a picture of health, it seems
SHERIFF HIERHOLZER: He's been showing up.
MS. HYDE: He's been showing up. I'm proud of him.
COMMISSIONER BALDWIN: Been showing up.
SHERIFF HIERHOLZER: Been leaving a big puddle.
COMMISSIONER BALDWIN: That's all you have to do,
is show up.
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JUDGE TINLEY: That's what you thought.
COMMISSIONER BALDWIN: Yeah. I've got to get me --
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'cause when I walk out of there, I can't get my gears
shifted. I'm going to -- it's pretty bad.
MS. HYDE: The policy book, I'm three-quarters of
the way through getting that printed, or getting that ready
to print off. The Tax Assessor is going to let me use their
color printer for the color portion, and the rest of it I'll
use my black and white printer. We've got 50,000 pages that
we can copy. We look to start that the third week of
October. Tuesday, Wednesdays, and Thursdays, and we're going
to trade it out, morning class versus afternoon class, four
hours a pop.
MS. HARGIS: You mean November? You said October.
MS. HYDE: Third week in October, we're going to
start. We had an employee that got hurt over the weekend,
Marc Allen at Animal Control. He broke several ribs and his
clavicle -- shoulder bone and clavicle, so he's going to be
COMMISSIONER BALDWIN: It wasn't that thing?
MR. EMERSON: Employment-related injury?
MS. HYDE: No. I said this weekend.
MR. EMERSON: Okay.
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MS. HYDE: Non-employment.
COMMISSIONER LETZ: Can we talk about all that in
MS. HYDE: And we're also working on the GASB
I out a bit.
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audit. Jeannie's given me the information, and we're going
to get popping on it. It's pretty extensive. She's
volunteered to do all the financial parts, so that's great,
and then we'll do all the HIPAA-protected information.
That's it.
JUDGE TINLEY: Next?
MS. HARGIS: As you know, or don't know, I was in
Austin on Monday and Tuesday for a -- a C.P.A. conference
that's put on by the Texas Society of C.P.A.'s. The main
topic was the ERISA money and all the rules and regulations
attached to the money that's coming out of Washington. We do
have some of that money coming down the pike already.
Apparently, the grant that we got for Juvenile Probation and
for Amos is that type of money. There are a ton of reporting
requirements. In fact, this thing can get so expensive that
your reporting requirements will outweigh what you get, so we
want to be careful that -- they're advising us, you better
get a lot of money; otherwise, it's going to cost you more
than what you get. The reporting requirements can be weekly,
monthly, quarterly. It's pretty extensive. The A.G.'s
office is very heavily involved, both from the -- from the
Washington level, as well as the state level.
So -- also, even if we weren't required to do a
single audit, if we get any of these ERISA money, we're going
to have a single audit, so that's another fee on top of.
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Last year we didn't have one. We probably will skate by
without one this year. We will have -- when we get the funds
for the sewer project, we'll have to have one anyway. But
when you do a single audit, it's a compliance audit more than
it is a financial audit; takes more time. All money that we
received from ERISA will be on the single audit and will be
chosen regardless. That'll be one of the programs that has
to be picked out. So, it's -- they're very worried about it.
The main thing that Washington is looking for is, have we
created jobs? Have we retained jobs? Do we have new jobs?
So, we need to be real careful; if we get this 100,000 on the
windows, we're going to have to go back to the vendor on
that, because we're going to have to figure out if we created
jobs, retained jobs. That seems to be the most important
number they're looking for, rather than some of the other
things that one would think.
There's a conflict going on between O.M.B., which
is the budget office, the G.A.O., and the A.I.C.P.A., and
some of the states that are getting this money. There's a
pilot program out there. There's 16 states involved, and
Texas is one of the 16. Apparently, Texas is leading the
pack, even from the A.I.C.P.A. level, from the speaker we had
there, with being the number-one state doing the things that
they want to do and setting a parameter of what we're going
to do. So, they -- they have to push the button to submit
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the first reports on the 10th, which is Saturday. Most of
them are submitting them on Friday. So, with that being
done, that was -- the first wave of money was mostly school
money. None of -- now, I understand we didn't get much, but
throughout the state, the biggest ticket items were schools.
So, there are grants out there.
I did talk to some. There were a few other
', counties who have C.P.A.'s who were at the conference,
because this was a single audit conference and a governmental
conference. Williamson County had several of these audits,
and -- I mean, of the grants, so I'd like to contact them. I
am going to contact them and see what they are. But I would
suggest that -- you know, apparently there is a lot of money
out there in this energy package. The governor's office was
there, and she told me that in the energy package, along with
the 100,000 we hope to get, there's a lot more money, so I
think we probably need to look at that. I would suggest that
we try to look to see if there's anything any of the other
counties have done and try to get in on that. If we're going
to try, we might as well try for the big enchilada, not the
little one. So, I want to work on that.
There are two -- two focuses as well that I want to
bring y'all up to date on. I want to get the audit done in a
very timely manner this year because of the loan we're going
to get. And I do know last time, we were a little bit late
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with the audit. We need to get it done. We -- I have to
depend on Eva to help me with the GASB 45 requirements,
because it will have to be done -- he tells me if we get the
information to him within, you know, the next two or three
weeks, it will take them about four to six weeks to get it
I done. We've already paid for the bulk of that audit, as you
recall. It's just a matter of getting the data. They were
hired to do the T.C.D.R.S. audit, so they already have some
of our actuarial information; it's just a matter of plugging
it in, and that will go. But I really need the cooperation
of all the departments on the regular external audit this
year and getting their numbers and things in to me so we can
get that done. I haven't heard from our financial adviser
this last week as to where we are, other than to ask for some
minor information, which we have sent to him. But other than
that, you know, unless the Judge -- have you heard from Bob?
JUDGE TINLEY: No. What I was going to ask you is
if it was your intention to kind of jog him up and see where
we were this week?
MS. HARGIS: Yes.
JUDGE TINLEY: Okay.
MS. HARGIS: I will be leaving on Thursday, and I
won't be back for, like, ten days. The TAC conference starts
on Monday, and I'm taking a couple of days off Thursday and
Friday. The TAC conference starts on Monday in Galveston, so
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COMMISSIONER BALDWIN: What kind of conference?
MS. HARGIS: Texas Association of County Auditors.
COMMISSIONER BALDWIN: Auditors?
MS. HARGIS: Mm-hmm.
COMMISSIONER LETZ: Fun group, huh?
MS. HARGIS: Oh yeah, whoopee.
COMMISSIONER BALDWIN: I bet they have a ball.
MS. HARGIS: I tell you what, after -- after the
conference on Monday and Tuesday, I was ready to sign the
retirement papers. There were a whole bunch of them. This
stuff with ERISA is really very, very complicated, and
they're very worried about small counties and intermediate
counties and those of us who don't deal with that kind of
money on a regular basis, report -- making the right reports,
and the way it's going to, you know, impact the state. In
fact, there's -- the Controller's office and the Auditor's
office got involved in it a little bit. The Controller was
making a speech, 'cause we had asked them earlier, 'cause we
put this program together, like, you know, in the middle of
the year -- actually, in the spring, and we foresaw a lot of
these problems. But, anyway, he made a speech and he said,
"Here's the Controller's website." Well, the Auditor's
office was out in the audience, and wanted their five cents.
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They got up. They have all their -- their criteria. We got
the Controller's criteria, we got the Auditor's criteria, and
it's going to be a little bit overwhelming. So, like I said,
I -- but I still believe that if there's money out there, to
get it, and there is a lot of it coming into the state. We
need to -- we need to apply just like everybody else.
COMMISSIONER LETZ: Do they talk about any, I
guess, mechanism to figure out where the money -- what the
money is targeted for? I mean --
COMMISSIONER WILLIAMS: Controller's office has a
-- a major website that identifies all that.
COMMISSIONER LETZ: Okay.
COMMISSIONER WILLIAMS: And last thing out of the
Controller's office was that I think Texas was supposed to
get either 11 or 14 billion -- 14, wasn't it?
MS. HARGIS: He didn't talk about it.
COMMISSIONER WILLIAMS: Three million has arrived;
there's still a lot of money out there.
MS. HARGIS: Still a whole lot of money that has to
come. They have -- though they are distributing it through
the COGS, which is -- you know, there is, as they call it,
kind of a pyramid effect that they're trying to do. They're
doing it through the governor's office down through the COGS,
and then down to the local levels. And -- and there's some
agencies involved, like we may get some grants via, like,
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Juvenile or Adult Probation via -- down through the COGs,
like Adult Probation got the 80 rider. It's additional
money. That's stimulus money, but because their agency is
getting it, we don't have to worry about that. So, some of
the money, if it comes down through an agency, we're already
better off than if it comes through -- but AACOG is going to
get a whole lot of it.
COMMISSIONER WILLIAMS: They're going -- they've
already identified 350 million or more in the various
programs, but there's a good bit more that doesn't come
through AACOG. There's tons of money that doesn't come
through AACOG.
MS. HARGIS: The governor's office has a lot of it.
She told me this energy package was huge. So, if we're only
getting 100,000 out of it, that it's -- it's a bigger
package. This is the lady that actually gave a speech to --
through the Texas Association of Counties about three or four
months ago that I attended, and I walked up to her to ask her
about this particular grant, and she told me that it was a
really big grant. So, when they say "really big," it must
have an awful lot of money in it. So, if 100 is all we
qualify for, I guess it's all we get, but we sure might try
for any more. But they didn't -- none of them gave us any
numbers, just -- just the down side of getting it, pretty
much, and what we had to do. And there is one good thing.
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The A.I.C.P.A. always comes in with this little scare tactic
every year, tells us how bad we all are. But both from --
you know, in the government areas, as well as in the private
~ practice.
But there was a study done in 2007 on 208 single
audits. Of the 208 single audits, half of them failed, and
they were the small practitioners. So, the A.I.C.P.A.
developed what they call a quality control center. They
asked all the firms who are doing single audits to sign up to
get help to keep from getting in trouble. Currently, we have
528 audit firms in the state of Texas signed up to do single
audits, and of that, only 74 have signed up in the quality
control center to do it right. And, fortunately for us, our
auditors are one of them. So, I was really pleased to hear
that, because they are turning these single audits back.
They're going to fine these firms. Does this mean they're
going to fine us as well? They don't know, but they are
going to start assessing penalties for these single audits
being wrong, both at our level and from theirs. So, the --
the Controller's office and the Auditor's office actually
have the parameters for auditees to follow, as well as for
the -- for the auditors, so I'm going to pull those down.
The quality control center is going to open that up to
everybody to pull that down as well. So, a lot of homework
to do with that kind of money.
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COMMISSIONER WILLIAMS: On an unrelated issue, I
don't think you were in the office when I gave a request that
came in from Texas Water Development Board for audit
material. I think I gave to it Tess. Is that moving through
your office so that you can get that back to Water
Development Board?
MS. HARGIS: They asked for next year's audit, as I
recall, the 2010 audit. Now, they already have this year's,
but I may not have seen that. I send them a copy
automatically every year; they're on the list. But if they
want another one, we'll send them another one.
COMMISSIONER WILLIAMS: There's a whole list of
things -- well, it was two pages on both sides, and there was
several items that -- take another look at it, okay?
MS. HARGIS: Okay. I don't think I've seen that.
VIII An wa 'ust wanted to make a re ort on that. So, it's going
i Y Y 7 p
to be an interesting year.
JUDGE TINLEY: Thank you. Anyone else? The County
Clerk has -- or not the County Clerk; Ms. Alford from the
Elections Department has notified me that we will need to
canvass the results of the November 3 Constitutional
Amendment election, and she has made the agenda request for
November the 12th, which is the Thursday a week following, I
guess, the election itself. I'm not sure of the time frame.
My recollection is it's not less than 3, nor more than 10
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days after, but the requested date at this point is
November 12th, which is a Thursday, at 10 a.m. If somebody
else has a date and time that fits within the proper window,
why, we'll listen to that. We've got time to sort that out.
Any more reports to be rendered? Okay, at this time, we
will --
COMMISSIONER LETZ: Judge, are we going back to
JUDGE TINLEY: Oh. Go to Item 12, is what we'll do
I at this time. And I will again call consider, discuss, take
appropriate action to nominate candidate or candidates to the
Kerr Central Appraisal District.
COMMISSIONER LETZ: Judge, I visited with Chuck
Lewis, and I told him that if he wants to be reappointed, we
would reappoint him for one more term; this would be his last
term. He said he would like to serve. Therefore, I will
make a nomination that we reappoint Chuck Lewis to our slot
on Kerr Central -- nominate Chuck Lewis to Kerr Central
Appraisal District.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded. Question
or discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. At this
time, we will go out of public or open session at 11:23 for
the purpose of going into executive or closed session.
(The open session was closed at 11:23 a.m., and an
executive session was held, the transcript of which
is contained in a separate document.)
JUDGE TINLEY: It's 11:40; we are now reconvened in
public or open session. Any member of the Court have
anything else they -- anything they wish to offer in
connection with matters considered in executive session? Any
member of the Court have anything else to offer in connection
with the agenda for today? We will be adjourned.
(Commissioners Court was adjourned at 11:40 a.m.)
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99
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 15th day of October,
JANNETT PIEPER, Kerr County Clerk
B Y . ~~~-~C..-~ ______ _
Kathy anik, Deputy County Clerk
Certified Shorthand Reporter
2009.
10-12-09
ORDER NO.31477
NAME PRIVATE ROADS IN CEDAR OAKS MOBILE HOME PARK
Came to be heard this the 12th day of October, 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 naming two private roads in Cedar Oaks Mobile Home Park, located in Precinct
1:
Deer Springs Cove South
and
Whispering Woods Loop South
ORDER NO. 31478
NOTIFICATION OF INTENT AND RESOLUTION FOR SUBMISSION OF AN
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
APPLICATION
Came to be heard this the 12th day of October, 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 the issuance of a Notification of Intent and Resolution for the submission of an
Energy Efficiency and Conservation Block Grant (EECBG) Program Application under
the American Recovery and Reinvestment Act (ARRA) through the State Energy
Conservation Office (SEGO) Stimulus Program and the Office of the Texas Comptroller
of Public Accounts, to pay a portion of the costs of installation of energy efficient
windows and doors on the Kerr County Courthouse.
ORDER NO. 31479
USE OF FLAT ROCK LAKE PARK BY KERRVILLE MEMORIAL POST NO. 208,
AMERICAN LEGION
Came to be heard this the 12th day of October, 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 use of Flat Rock Lake Park by Kerrville Memorial Post No. 208, American
Legion, on November 8, 2009, to stage the 3rd Annual Veterans March.
ORDER NO. 31480
USE OF FLAT ROCK LAKE PARK BY KERRVILLE MEMORIAL POST NO. 208,
AMERICAN LEGION
Came to be heard this the 12th day of October, 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 use of Flat Rock Lake Park by Kerrville Memorial Post No. 208, American
Legion, on Apri12°d and 3rd, 2010, for their annual Chili Cook-off and related events.
ORDER NO. 31481
ADVERTISE FOR BIDS TO CONSTRUCT PHASE IV, KERRVILLE SOUTH
WASTEWATER PROJECT
Came to be heard this the 12th day of October, 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 advertising for bids to construct Phase IV, Kerrville South Wastewater Project.
ORDER NO. 31482
AWARD BID TO PROVIDE FOOD SERVICE FOR THE KERR COUNTY JAIL
Came to be heard this the 12th day of October, 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 awarding bid to provide food service for the Kerr County Jail to:
Five Star Correctional Services as the lowest bidder, then
ABL Management, Inc., and then
Canteen Correctional Services, in that order,
and give authority to the Sheriff to reach an agreeable Contract:
ORDER NO. 31483
ACCEPT $112,365.00 HOMELAND SECURITY GRANT TO PURCHASE
INTEROPERABLE RADIO EQUIPMENT
Came to be heard this the 12th day of October, 2009, with a motion made by
Commissioner Letz, seconded by Commissioner Williams, the Court unanimously
approved by a vote of 4-0-0 to:
Accept the $112,365.00 Homeland Security Grant to be used to purchase interoperable
radio equipment for the Kerr County Sheriff's Office, Constables and Animal Control,
and authorize the appropriate county officials to execute the necessary documents for
same, subject to the County Attorney reviewing the necessary documents.
ORDER NO. 31484
TWO (2) ADDITIONAL RESERVE DEPUTIES FOR THE KERR COUNTY
SHERIFF'S OFFICE
Came to be heard this the 12th day of October, 2009, with a motion made by
Commissioner Letz, seconded by Commissioners Baldwin/Oehler, the Court
unanimously approved by a vote of 4-0-0 to:
Approve appointing 2 additional Reserve Deputies for the Kerr County Sheriffs Office.
ORDER NO. 31485
APPEAL FROM KERB COUNTY TO THE TEXAS WATER DEVELOPMENT ON
DFC'S SET BY GMA 9 FOR EDWARD-TRINITY (PLATEAU), ELLENBERGER
AND HICKORY AQUIFERS
Came to be heard this the 12th day of October, 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 participating in the consulting fees in preparation for and making the appeal of
an amount of 50% of the remaining consulting fees, after taking out Region J's portion,
up to $5,000.00.
ORDER NO. 31486
APPOINT COMMISSIONER WILLIAMS AS KERB COUNTY'S
REPRESENTATIVE ON THE NEWLY-FORMED ALAMO REGIONAL RURAL
PLANNING ORGANIZATION
Came to be heard this the 12th day of October, 2009, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Approve appointing Commissioner Williams to act as Kerr County's Representative on
the newly-formed "Alamo Regional Rural Planning Organization" in accordance with
Art. IV, Sec. 4.1(a)1(a) of AARPO Bylaws.
ORDER NO. 31487
RESOLUTION FOR DIETER CENTER'S "MEALS ON WHEELS" GRANT
APPLICATION
Came to be heard this the 12th day of October, 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 Resolution for Dietert Center's "Meals on Wheels" Grant Application.
ORDER NO. 31488
CLAIMS AND ACCOUNTS
Came to be heard this the 12th day of October, 2009, came to be considered by the Court
various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	203,908.13
14-Fire Protection	$	13,616.64
15-Road & Bridge	$	67,255.21
16-2008 Capital Projects	$	4,000.00
18-County Law Library	$	526.47
28-Records Mgmt & Preserv	$	1,278.02
29-Courthouse Security	$	16,177.44
17-Center Point Wastewater	$	3,987.00
40-Alt Dispute Resolution	$	15,000.00
50-Indigent Health Care	$	28,986.38
76-Juv Detention Facility	$	3,009.66
77-LEOSE Funds	$	175.00
83-216th District Attorney	$	1,325.62
86-216th CSCD	$	2,678.04
TOTAL $ 361,923.61
Upon motion made by Commissioner Williams, seconded by Commissioner Letz, the
Court unanimously approved by vote of 4-0-0 to pay the claims and accounts.
ORDER NO. 31489
LATE BILLS/DIRECT PAYABLES
Came to be heard this the 12th day of October, 2009, came to be considered by the Court
various Commissioners Precincts, which said Late Bills are:
Accounts Expense
10-General
21-Title IV-E
TOTAL
$ 47,638.96
$ 2,670.84
$ 50,309.80
Upon motion made by Commissioner Letz, seconded by Commissioner Williams, the
Court unanimously approved by vote of 3-0-1 to pay the late bills, (Commissioner
Baldwin abstained)
ORDER N0.31490
MONTHLY REPORTS
Came to be heard this the 12th day of October, 2009, with a motion made by
Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously
approved by a vote of 4-0-0 to:
Approve the Monthly Reports from:
Constable Pct # 1
County Clerk
JP #4
JP #3
District Clerk
JP #1
Environmental Health
ORDER NO. 31491
NOMINATE CANDIDATE TO KERR CENTRAL APPRAISAL DISTRICT
Came to be heard this the 12th day of October, 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 reappointing Chuck Lewis to the Kerr Central Appraisal District.