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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, March 8, 2010
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 M
JONATHAN LETZ, Commissioner Pct. 3 Q
BRUCE OEHLER, Commissioner Pct. 4
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I N D E X
March 8, 2010
--- Visitors' Input
--- Commissioners' Comments
1.1 Consider/discuss, take appropriate action to
revise Kerr County Order #5051 (Fixing Bounties
in Kerr County)
1.2 Consider/discuss, take appropriate action to
receive the "2009 Racial Profiling Statistics"
submitted by the 198th District Attorney's Office
1.3 Consider/discuss, approve resolution for the
submission of the Criminal Justice Program/Byrne
Justice Assistance Grant Fund application for
2010-2011
1.6 Consider/discuss, take appropriate action to
approve final inspection and issue a certificate
of compliance for Cedar Oaks Mobile Home Park
1.7 Consider/.discuss, take appropriate action to
approve contract with Branch Water Services
d/b/a J3S, Inc., for underwater surveys of
Flat Rock Lake
1.10 Consider/discuss, take appropriate action
concerning bid exemption of purchase contract
for courthouse audio/video and courtroom
teleconferencing equipment
1.11 Consider/discuss, take appropriate action
.concerning acceptance of 2009 Racial Profiling
Report for period of 1/1/2009-12/31/2009
1.12 Consider/discuss, take appropriate action to
rescind court order regarding Cummings Lane,
currently being maintained partially by the
County and partially by the residents
1.13 Consider/discuss, take appropriate action on
formation of road district in part or all of
Lazy Valley Country Unit #1 Subdivision
1.14 Consider/discuss, take appropriate action on
formation of road district in part or all of
Castle Lake Ranch Subdivision
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I N D E X (Continued)
March 8, 2010
1.15 Consider/discuss, .take appropriate action on
privacy officer signing new business agreements
with Willis HRH and Script Care required for
Kerr County
1.4 Consider/discuss, take appropriate action
regarding vehicle traffic during the Easter
Festival at Flat Rock Lake Park
1.5 Consider/discuss, take appropriate action to
open, refer, and award annual materials bids
for road base, cold mix, aggregate, emulsion
oil and corrugated metal pipe
1.8 Consider/discuss, take appropriate action to
approve-new telephone service provider for the
county courthouse
1.9 Consider/discuss, take appropriate action to
approve purchase of software license upgrade for
Laserfiche using current/past year's capital funds
1.16 Consider/discuss, take appropriate action on
personnel issue regarding prescription plan
I modifications pertaining to Kerr County medical
prescription plan.
1.18 Consider/discuss, take appropriate action
regarding redistricting/precinct issues in
Precinct 4
1.17 Consider/discuss, take appropriate action to
select consultant for 2010 census redistricting
and authorize County Judge to sign contract for
same
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Committee
Assignments
5.2 Reports from Elected Officials/Department Heads
--- Adjourned
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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 and posted
meeting of the Kerr County Commissioners Court, Monday,
March 8, 2010, at 9 a.m. It is that time now. Commissioner
COMMISSIONER OEHLER: Please join me in a word of
prayer and the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Thank you. At this time, if there's
any member of the public or the audience that wishes to be
heard on a 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 rear of the room. It's not absolutely
essential that you do that, but it helps me to understand
that there's someone that wishes to be heard, and hopefully I
won't overlook them when we get to that agenda item. If you
j wish to be heard on an agenda item and you haven't filled out
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a participation form, when we get to that item, get my
attention in some manner and I'll see that you have that
opportunity. But right now, if there's any -- any person
that wishes to be heard on any item that is not a listed
agenda item, come forward and tell us what's on your mind
now. Come forward; give us your name and address.
MR. MOORS: Do I have to, Judge?
JUDGE TINLEY: You sure do.
MR. MOORS: I'm Edward Moore. I live at 154 Molina
Drive in Kerrville South. I'm going to take this opportunity
to explain to all you gentlemen the great satisfaction I'have
with having Rusty Hierholzer and his people come out to our
area and our volunteer fire station and represent the
Sheriff's Office and educate the local citizenry on what had
gone on in the last several weeks and the impact he had with
his 'people to solve that problem. And as a person that lives
out there and representing my volunteer fire department, I
want to thank him.
SHERIFF HIERHOLZER: Thank you.
MR. MOORS: Thank you and your group, sir. Thank
you very much. Thank you, gentlemen.
JUDGE TINLEY: Anyone else wishing to be heard on
any matter that is not a listed agenda item? If not, we'll
move forward. Commissioner Oehler, what do you have for us
this morning?
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COMMISSIONER OEHLER: Well, I have some sad news.
Bert Winston passed away yesterday afternoon in Denver. He
had been up there for some treatments; had some lung
problems. And he has been a great supporter of lots and lots
of programs in Kerr County, kids and fire department and
individuals. He's been a longtime friend. I've known him
for over 30 years. I think Commissioner Baldwin's known him
even longer than I have. But we will -- we will dearly miss
'i him. He was a great asset to our community. And that's it.
JUDGE TINLEY: Commissioner Baldwin?
COMMISSIONER BALDWIN: Yes, sir. Dittos. We'll
miss Bert. Great guy. I,'ve got a couple of things here. I
want to start putting together a dinner on the ground
program. And I just wanted to say if any of you guys have
issues or problems with doing that, let me know. And I'll
argue with you, and do it anyway. (Laughter.) But I'd .like
to know what your concerns are, if -- if you have any.
Number two, Historical Commission. There is going to be a
couple of -- what do we call them? The -- last week's Ingram
West Kerr County Current, Irene wrote an article in there,- a
story about the cattle drive that came through here. I
highly recommend that you get that newspaper and read that
article. It was excellent. It was good stuff. Didn't
mention me, but maybe next time. The -- and one of those
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cattle drives that came through here is called the Great
Western Trail, and it came right through Kerrville, and it
was some -- some of our old Kerrville people were involved
with it, and super story. They're going to have the
unveiling of a marker .dedication out on Harper Road. This is
on April the 10th, at Dr. Rector's place right before you get
to yours, and that's April the 10th at 2:30. And then a
little later on, the -- the Armadillo Farm down by Comfort is
going -- we're going to have a marker dedication down there.
That's a mile and a half this side of Comfort there on the
highway. But I just -- I'm bringing that up so you guys can
put it on your calendars and consider going. And in a couple
weeks, there will be someone from the Historical Commission
will come in and formally invite everybody, but I just kind
of wanted to give you a heads up. It's a couple of really,
really exciting times, and hope everybody can attend. That's
all, Judge. Thank you.
COMMISSIONER LETZ: What are those dates?
COMMISSIONER BALDWIN: April 10, that's the Great
Western Trail, and then May 22nd is the Armadillo Farm. One
other thing. I saw a couple weeks ago the Auditor had sent
out a memo of some sort trying to start scheduling all of our
agendas for adopting the budget and that stuff that goes
along with that. And we're kind of getting in -- and some of
it was in the month of July, and I really would like for us
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to get that nailed down, 'cause there's going to be some time
in July that I'm going to be out of town. And I've got to --
and I've got to be at these votes on the budget issues. So,
we can start -- whoever it is that puts those things
together -- I didn't realize it was the Auditor, but that's
fine. I'd like to get all that stuff nailed down, those
dates that we're going to be doing all those little things.
JUDGE TINLEY: Is that it?
COMMISSIONER BALDWIN: Thank you. Yes, sir, thank
I You.
JUDGE TINLEY: Commissioner Williams?
COMMISSIONER WILLIAMS: We had a public meeting in
Center Point on the 24th of February regarding the wastewater
project, and that was a -- a condition of the B section of
the planning that we're going through. Probably 60 --
between 60 and 70 people attended. It was a good meeting. A
lot of explanation with respect to where we are in the
project, what we're doing and so forth and what comes next.
Didn't hear any objections from any of them that were there,
even though the engineer was about 30 minutes late getting
there. They were getting a little antsy in their seats
waiting on him to get there, so I extracted a promise that
he'll be on time at the next one. But it was a good one.
That completes the B section of the planning, and we'll move
on to the C section, which is a pretty short section. Still
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haven't heard, unless Mr. Garcia back in the back has heard
from the Texas Department of Health Services with respect to
the survey that they have to do in the proposed service area.
So, that's -- that has to take place here pretty soon as
well. That's it, Judge.
JUDGE TINLEY: Thank you. Commissioner Letz?
COMMISSIONER LETZ: ETJ. Two things. One, we're
wailing on -- we are making progress. Councilman Motheral
and I have met a couple times, and it is currently in the
hands of the County Attorney's office and the City Attorney,
because there's some legal issues that have come up as to who
can,do what, and authorities and things of that nature. And
I've got a meeting of my task force on statewide rules in
Austin this Thursday. I will bring up some of these issues
with them and a few others, possibly talk to Water
Development Board's lead attorney, 'cause they are in charge
of the model subdivision rules. But, anyway, that is going.
I do know that Councilman Motheral sent around a draft
agreement, and those that did receive it, that is a draft.
It's nowhere near a final document. There's lots of issues
on that, and we've passed over huge sections of it waiting
till we got a response from the legal gurus. as to how -- you
know, what can and can't be done in certain areas. Really
sorry to hear about Bert Winston. His son and I are real
good friends; we worked at Exxon together, and he'll be a
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JUDGE TINLEY: I would remind everybody, as you
well know, every ten years we have a census in this country,
and the census period begins a week from today, the 15th, and
it runs through April 15. So, all of you who have received
the census inquiry forms, the survey forms -- I believe there
are, like, ten questions, and that's all there is. Please
get that done. I am told it's -- preliminary indications are
that Texas, because of the-shift in population, will gain as
many as four new members of the House of Representatives,
Congress, and that's all based on population. The other
thing that falls into the application on the census is when
they go to calculating how they divvy up the money coming
from D.C. So, it's very, very important that you participate
in the census. Yes, Big Brother wants some information from
you, but yes, it's important that they get it, and as your
county, that those in your household are counted in order
that we may get the appropriate representation that we're
entitled to in the -- in this state, and also we are
considered for the appropriate level of funding. So, I urge
you to participate. Encourage your friends and neighbors,
family members and so forth to,do likewise.
COMMISSIONER BALDWIN: Judge? I heard on the news
this morning, as a kind of a warning, that if someone -- if
they knock on your door and they're with the Census Bureau,
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JUDGE TINLEY: Yeah. They -- and they will have
distinctive identification badges or credentials that they
can -- they can exhibit to you. So, yes, ask for it. Be
certain that -- that they are who they say they are. And
once you satisfy yourself that they're with the census
department, they're participating in that effort, why, answer
their questions truthfully, and hopefully we'll get
additional representation in Congress and get a bigger piece
of the pie that comes down from Big Brother. Somebody's
going to get that pie; it might just as well be us. At this
time, let's go ahead and move forward. Item Number 1 is to
consider, discuss, and take appropriate action to revise Kerr
County Order Number 5051, which fixes bounties in Kerr
County, to discontinue bounties on predatory animals, with
the exception of coyotes, and use bounty application
affidavit prepared by the Kerr County Attorney. Ms. Whitt?
MS. WHITT: Good morning. Last week the bounty
issue was brought to my attention, and there seemed to be
some confusion as to who had the program. And apparently
there's no affidavit to be used or anything like that, so we
looked it up and went back and found Court Order Number 5051,
which you have a copy of. In that, it states that we have a
bounty on coyotes, fox, wildcats -- you know, different
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animals. And what I would like for you to consider would be
to amend that court order to remove the bounties on all
animals, with the exception of coyotes., and let Animal
Control take that over rather than the County Clerk's office.
Now, the County Attorney did make an affidavit for us to use.
At the moment, it does have all of those other animals, but
that could easily be -- be removed.
COMMISSIONER.OEHLER: What happened was, I had a
constituent call me the other day and ask me if that bounty
was still in force. He'd lost 14 of his black buck, been
killed by coyotes. And he has -- he has managed to get the
predator control people involved at one point, and they
caught a couple, and then since then he's doing his own. And
I told him I didn't know,' so we researched it, and this is
..what we .came up with. And so I believe it's a little
outdated for -- for today, today's times and where we are,
and'so that's why it's on here.
MS. WHITT: Well, and I believe -- of course, this
is back in 1951, which is before my time, so I think the
reason it was set into place was because back then, they
didn't have animal control or -- or the wildlife management
services to help with things like that. Currently, we're --
we're helping people trap raccoons on a daily basis. We get
calls on fox and coyotes on a weekly basis, and we -- if we
can't help with that, we normally refer them to the
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government trappers. But it's also a concern for me, because
those .a re high-risk rabies carriers, and we really don't want
people handling those animals. That's what we're there for.
And the wildlife management services is there to help them
with them.
COMMISSIONER LETZ: I think the real reason it was
on sheep and goats.
COMMISSIONER BALDWIN: Yeah, absolutely.
MS. WHITT: Sure.
COMMISSIONER BALDWIN: That's exactly what it was.
MS. WHITT: $ut I would like an affidavit to be
used, because we -- we have to have something on record, and
something to prove that, you know, they're -- they're killing
these animals in Kerr County.
COMMISSIONER LETZ: I agree. I think the affidavit
is a good idea, and I agree with keeping coyotes on the list.
The other ones, I think, are a little bit -- they don't need
to be on there, in my opinion.
COMMISSIONER OEHLER: I don't think we ought to be
paying a bounty.
COMMISSIONER LETZ: Yeah, not paying a bounty. We
know people will take care of them, but coyotes do a lot of
economic damage, and I think it's a good idea. I make a
25 ~ motion to approve the agenda item as submitted.
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COMMISSIONER OEHLER: Second.
COMMISSIONER WILLIAMS: I have a question, though.
Janie, on the affidavit that was prepared for you, it still
shows fox for a dollar and raccoons for 50 cents.
MS. WHITT: Yes, and that can be removed.
COMMISSIONER WILLIAMS: Okay.
MS. WHITT: Yeah, that can be removed. I can bring
that back to the County Attorney, and she can --
~ COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: And that -- let me clarify.
That's only the bounty for coyotes, which I think is what the
agenda item was --
MS. WHITT: Yes.
COMMISSIONER OEHLER: Do you think we ought to
raise that a little, or just leave it the same?
COMMISSIONER BALDWIN: How much is it?
COMMISSIONER LETZ: $15.
COMMISSIONER WILLIAMS: $15 for a wolf or coyote.
COMMISSIONER BALDWIN: When did it go to 15?
MS. WHITT: It's always been 15.
COMMISSIONER WILLIAMS: 1951.
MS. WHITT: Yeah, 1951. It's -- the county order
states $15. And I know back when Glenn Holekamp was Animal
Control Director, they were doing that out of Animal Control.
I was working there at the-time. But I don't think it ever
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went to Commissioners Court to have Animal Control actually
take that program over. But I do recall it being $15, and
the research that -- that we did shows $15.
COMMISSIONER BALDWIN: Well, I remember -- I got to
tell a quick story, Judge. This is my favorite commissioners
story. Back in the olden days when I was a commissioner down
there where Bruce is, I saw a lot of fun things happen in
this room. I mean, fist fights, the whole thing. It was
great, great commissioners court stuff. (Laughter.) But my
favorite one was we were dealing with this issue one time;
the public wanted to up the bounty on coyote ears -- and I
guess it was 15; I remember it as 5, but 15. And, of course,
we -- you know, these tight old German boys weren't about to
go over $15; you know, that's a lot of dang money. And one
day we were arguing about that, and that back door opened,
and Bob Ramsey, who recently passed away, he stands inside
that door and throws a full-blown dead coyote at us. And we
sat down here at this table at that time, before we got our
throne, and the coyote hit about halfway on the floor, slid
right up to our feet, blood everywhere. He made his point.
I don't remember what happened. I never -- I haven't gotten
over that yet. But I guess we remained -- the price remained
the same. But that was back in .the good days. He made a
great point.
25 ~ MS. WHITT: One other issue I have is, when I spoke
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to Jeannie this last week, she said we would be taking this
out of Animal Control, out of my operating expense. This
does state that it is to be taken out of the general fund.
JUDGE TINLEY: Well, you prompted my question that
I was going to ask. Where are we going to get the money to
pay these folks?
MS. WHITT: Well, I haven't budgeted for it. And
this states out of the general fund, so I'd prefer that it --
COMMISSIONER,LETZ: I think --
MS. HARGIS: It is the general fund.•
COMMISSIONER LETZ: I don't think this is going to
be a huge amount of money. I mean, the majority of them are
trapped by government trappers, and those are not eligible
for this.
MS. WHITT: Right.
COMMISSIONER LETZ: So, you know --
COMMISSIONER OEHLER: Except there was an
individual in the west end of the county that would run those
snares for the -- for that, come and turn the ears in for a
bounty.
COMMISSIONER LETZ: I think if it starts becoming a
-- you know, for the time being, I'd take it out of your --
you know, you have a miscellaneous or operating -- some kind
of a fund out of your account for right now. If it starts
being a problem, we can find money for you. I mean,
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COMMISSIONER OEHLER: Or take it out of
nondepartmental.
COMMISSIONER LETZ: Or nondepartmental.
COMMISSIONER WILLIAMS: Commissioners Court
contingency funds.
COMMISSIONER LETZ: Yeah. I mean, it's -- I can't
imagine this being more --
COMMISSIONER OEHLER: Coyotes are not that easy to
kill. You know, there's not --
COMMISSIONER~LETZ: If we get $100, I'll be
surprised, out of this fund.
COMMISSIONER-OEHLER: Yeah.
MS. WHITT: Well, that's fine. We can take it out
of my operating at the moment, and if it becomes a problem, I
can bring it back to Commissioners Court.
COMMISSIONER WILLIAMS: I note that in 1951, $15
was'a lot of money. It's probably worth 50 to 75 now, if you
calculate over the 50 years.
JUDGE TINLEY: We have a motion and a second. Any
more questions or discussion on the motion? Mr. Neunhoffer?
MR. NEUNHOFFER: I'd just like to make a few
comments on this. Coyotes are still a big -- big factox in
the livestock and in the wildlife business here. Four years
ago, coyotes got out of hand in our neighborhood there on
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Turtle Creek, and we finally -- we have a government trapper,
but the is spread so thin that sometimes you're on his list
for two years before he can come to you. When he finally got
in there on Dr. Risinger's and on Bill Child's place and
ours, in six months, we took 33 coyotes out of there. They
were killing grown deer; they were killing calves, and
needless to say, they were killing sheep and goats. And they
were rather detrimental to both livestock and wildlife that
people were in, you know, economic need of at the time. The
-- another interesting point, it's been four or five years
since I've checked. Mason County's bounty is $115 on
coyotes, and they do have a deal where you have to prove that
you're a landowner or have a written deal from the landowner
that there were coyotes taken from their ranch to collect
that bounty. They do have an affidavit of some sort to -- to
keep people from going down to South Texas and shooting a
pickup loadlof coyotes and going up here and collecting the
money.
MS. WHITT: That's my concern.
MR. NEUNHOFFER: But -- but coyotes are still a
serious problem. I've killed four myself in the last four
months out there, and I still have plenty of them out there.
And I had to laugh at the newspaper; the article the other
day said that '06 was the last time a bounty was collected.
I think I'm the one that collected that bounty in '06. So,
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you going back and finding those four coyotes that you killed
and clipping their ears, are we?
MR. NEUNHOFFER: I've got them in the freezer.
(Laughter.) I wait till I get a half dozen or so before I
bring them in for the bounty. I did get the bounty in '06 on
it, though.
JUDGE TINLEY: Not only were you the last; you're
going to be the first under the new one, huh?
MR. NEUNHOFFER: But coyotes are -- are a problem
county-wide, though.
COMMISSIONER OEHLER: Should we raise it to $25?
COMMISSIONER LETZ: I'd say why don't we do it at
budget time. See how much --
COMMISSIONER OEHLER: Leave it like it is now?'
COMMISSIONER LETZ: Yeah. I have no problem with
raising it, but I'd rather do it at budget, 'cause we didn't
really budget this.
COMMISSIONER WILLIAMS: We can create a line item
for it at budget time, too.
JUDGE TINLEY: Any other questions or discussion on
the motion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's move
to Item 2, to consider, discuss, take appropriate action to
receive the 2009 racial profiling statistics as submitted by
the '198th District Attorney's office. I put this on the
agenda to comply with a requirement of the law that we
receive, and I assume acknowledge, receipt of same.
COMMISSIONER BALDWIN: Judge, is there a deadline
on when these things need to be turned in?
JUDGE TINLEY: Honest answer is, I don't know,
Commissioner. You might want to ask the --
SHERIFF HIERHOLZER: March 1.
COMMISSIONER BALDWIN: Is it March?
SHERIFF HIERHOLZER: March 1 is when it goes
through, and you have tp turn it in. Next year it all
charges. Now we'll also have to send them to Austin.
COMMISSIONER BALDWIN: I know Constable 1 has
turned his in .months ago, way, way ahead of the rest of
y'all.
SHERIFF HIERHOLZER: He's quick.
COMMISSIONER BALDWIN: Well, that's the way we do
things in this precinct.
SHERIFF HIERHOLZER: Precinct 1.
COMMISSIONER LETZ: I move we accept the report as
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COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carried. Let's go to
Item 3; consider, discuss, and approve resolution for the
submission of a Criminal Justice Program/Byrne Justice
Assistance Grant Fund application for 2010-'11 to the Office
of the Governor, Criminal Justice Division, purpose of the
grant being to fund purchase of three new vehicles for
constables in Precincts 1, 2, and 3. Mr. Lavender?
MR. LAVENDER: Good morning, gentlemen.
COMMISSIONER OEHLER: Good morning.
MR. LAVENDER: I'm here to advise you that we ..are
in the process of making application for the vehicles, and,
of course, Commissioners Court needs to submit a resolution
in support of that. I think you have a copy of that. And I
have -- just so there's no question, I've contacted
Commissioner 4, and he's wanting to stay with his personally
owned vehicle.
COMMISSIONER BALDWIN: Constable 4.
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MR. LAVENDER:. That's correct, Constable 4. I'm
sorry.
COMMISSIONER WILLIAMS: This is the same program
the Sheriff got cars out of?
MR. LAVENDER: Same program, and virtually the same
I vehicle.
COMMISSIONER BALDWIN:. I appreciate you doing this.
I move for approval.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item and the resolution. Question or
discussion on the motion?
COMMISSIONER BALDWIN: What is the total amount of
dollars?
MR. LAVENDER: $119,223.
COMMISSIONER BALDWIN: So, if we get this, that's a
savings to taxpayers of Kerr County, $119,000?
MR. LAVENDER: 223, yes.
COMMISSIONER BALDWIN: And $223.12.
MR. LAVENDER: Every little bit helps,
Commissioner.
COMMISSIONER BALDWIN: Sure it does. Thank you so
much.
JUDGE TINLEY: Other questions or comments? All in
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favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER BALDWIN: Thanks, John.
JUDGE TINLEY: Let's move to Item 6; consider,
discuss, take appropriate action to approve final inspection
and issue a certificate of compliance for Cedar Oaks Mobile
Home Park in Precinct 1. Mr. Odom?
MR. ODOM: Good morning, Judge. Mr. Yun owns the
property off Westway. It's called Cedar Oaks Mobile Home
Park. Wayne Wells has looked at it, done his final
inspection.. He's given his approval for the -- for the
final. The roads in this-park are to be privately
maintained, not County-maintained.. All the fees have been
paid. We have a signed affidavit from Mr. Imel stating that
he will complete the communications and electrical, which was
the situation that we came to the Court before on, the way
Windstream has changed the game. So at this time, we ask the
Court for their approval for final inspection on Cedar Oaks
Mobile Home Park and for the Court to ,issue a certificate of
compliance to finalize this project.
COMMISSIONER BALDWIN: Just a simple question.
The -- you said all fees have been paid. Everything, the
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COMMISSIONER BALDWIN: Has been paid?
MR. ODOM: Am I --
MS. HOFFER: Yes, both have been paid.
COMMISSIONER BALDWIN: I move for approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Further question or discussion
on the motion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: That motion does carry. We'll move
to Item 7, which is to consider, discuss, take appropriate
action to approve a contract with Branch Water Services,
doing business as J3S, Inc., for underwater surveys of Flat
Rock-Lake. Commissioner Williams?
COMMISSIONER WILLIAMS: Yes, sir. This is -- this
is the company that gave us a presentation with respect to
doing a density and profile of Flat Rock Lake Park. And I
noted to you in the backup memorandum the full density survey
will be 27 acres of the lake closest to the dam, and which is
Section A. If you refer to the aerial which is a part of the
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-- of the presentation, he's got the lake broken into four
sections, A, B, C, and D. A and B are our sections, which
are the first section closest to the dam. Second section
takes in a huge portion of the lake, 54 acres, and ends at
about where the boat ramp is in Flat Rock Lake Park. And the
total cost I am recommending to be not to exceed 35. It
could be less, and I'll tell you why. I went to visit the
City Manager, and I gave him a copy of this proposal and
stepped him through it, and indicated to him that this is an
opportunity for them to do their shoreline as well as we
doing our section -- two sections of the lake. And if you
look at the aerial, their shoreline is actually D and C, D
being the area where they did all the rock work around -,- in
the lake, preserving the cypress trees, and where most of the
swimmers use the lake at that point. But the D -- the C
section of the lake also includes their shoreline, and that's
where a lot of the campers have their camping spots and so
forth.
So, I urged them to take a look at it. If they
want to participate, they can do so. And their survey would
be of the shallow kind. Wouldn't be nearly as deep or
intense as what ours would be in the A and the B section, but
it would alter the cost. And that's why I say I'm asking the
Court for it not to exceed a number, depending on what the
City does. 'Cause if they do the C section, that amount of
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dollars would come out of -- out of the proposal which he has
identified as being a part of our proposal. He identified
ours as being A, B, and C. So, that's where it is. And
they'll do it within, I think, a couple-weeks after they get
a signed contract, and we'll know exactly what the lake's all
about, have a good sense of what the volume of silt is, if we
wish to attack that. We'll have a fix on all the submerged
objects in the lake, so that if we wish to at some later date
go to work on the moving of those, we'll be in a better
position to do that. And that's the nature of the
presentation. City Manager indicated that he would talk
to -- probably put it on the Council's agenda; wouldn't be
for tonight, but for the next time out. And he felt like
this is something that they probably ought to do.
COMMISSIONER OEHLER: So, the amount would be
decreased by whatever
COMMISSIONER WILLIAMS: If they opt for the C
section, that would decrease our amount. If they opt not to
do the C section, the bathometric people have included it in
our base number, A, B, and C. 'Cause they didn't realize
that the C section really was tracking a large piece of the
city's parks shoreline. So, that's where it is.
COMMISSIONER BALDWIN: Bill, can I just say
something real quick?
COMMISSIONER WILLIAMS: Yes, sir.
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COMMISSIONER BALDWIN: You're talking about
draining the thing, and we're going to take out all the
obstructions and whatever there.
COMMISSIONER WILLIAMS: We're not talking about
draining it, Commissioner.
COMMISSIONER BALDWIN: No, I understand. I
understand -- excuse me, did I say draining? Well, I
remember -- my point is, I remember the time -- the last time
it was drained, there was some fellows that took -- I think
there was some metal structures, as well as trees and limbs
and things and stuff, and tied them together and put -- for
fish habitat in the bottom of that lake. As well as the --
let's see, is that U.G.R.A., L.C.R.A. -- U.G.R.A. Lake, for
-- for habitat. And I'm sure that the -- that the -- if it's
wood, I'm sure that stuff. has been rotted out by now. But if
there is -- I mean, it's something we want to think about.
If we -- if we can replace fish habitat, or if there's
someone around that -- you know, I just think that would be a
neat thing to have.
COMMISSIONER WZLLIAMS: There's probably some
fishermen who fish that lake frequently that could identify
where they are.
COMMISSIONER.. BALDWIN: Yeah, absolutely.
COMMISSIONER WILLIAMS: So that they could be
protected. And also in the proposal, they talked about, in
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the A section, identifying where the ball is and the outflow
on the dam, and also they make reference to identifying a
water intake, and they erroneously called it a city water
intake. That almost has to be Comanche Trace's water intake;
that's the only one I know of of any magnitude out there.
There are others, but that's the biggest one. So, I think
they didn't know that. So -- but --
COMMISSIONER OEHLER: During the wintertime, there
won't be a lot of other people accessing the water out of
there to do their watering their yards or whatever.
JUDGE TINLEY: Commissioner, this particular
survey, will it be done in a manner that there will be an
overlay available, same scale and so forth, on the
bathometric that we've got under consideration?
COMMISSIONER WILLIAMS: They'll give us pretty
detailed profiles, Judge, not only of the bottom, but of the
density of the material that's in -- on top of the -- of the
lake bottom surface. And they'll also -- or they'll
identify, I guess by shadow, 'cause it's really sonar, a
sonar technology; they identify stumps and fallen logs and
all that kind of stuff, and they can pinpoint it. What they
do is take a section of the lake, for example, the A section
near the dam, and they -- and they create a grid, a geo grid.
And then they start their work. based on the geo grid, so that
they have a complete profile of the bottom and what's in
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JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: This will be the one time
that it will need to be done. I think now we don't know,
because there's nobody around that was actually there when it
was built to give us that information.
COMMISSIONER WILLIAMS: That's exactly right,
Commissioner. I checked-with Leonard .and Kelly, and there is
nothing in our files going back that indicates anything like
this. And when we talked, about doing mechanical or removal
of silt, one of the things that the T.C.E.Q. people,
watermaster people cautioned us about was, you don't go in
there with mechanical and not knowing what the bottom's all
about and fracture that bottom, .'cause then you got yourself
a really big problem. And so this will help us identify the
profile of the bottom so we know better what we're talking
about if we wish to do that, either mechanically or by
dredge. And dredge, of course, being the more -- less
invasive, but the more costly process. So, I would move for
.the Court's approval of Item Number 7, doing business for --
this geo survey of Flat Rock Lake for a number not to exceed
$35,000.
COMMISSIONER OEHLER: Second.
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JUDGE TINLEY: Motion made and seconded for
approval of-the agenda item as indicated. 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: The motions carries. Let's move to
Item 10, if we might, to consider, discuss, take appropriate
action concerning a bid exemption of the purchase contract
for courthouse audio/video and courtroom teleconferencing
equipment in accordance with Chapter 262.024 of the Local
Government Code, Section (7)(a), that being an item that
could be obtained from only one source, including items for
which competition is precluded because of the existence of
patents, copyrights, secret processes, or monopolies.
Sheriff?
SHERIFF HIERHOLZER: I think most of the
attachments are there. This includes -- and as the County
remembers from the last Commissioners Court, with the
funding, is the total of a little over $99,000 in all,. so
that would be over the 50,000 that would require the bidding
process. But you can see attached to this, there is two
different letters from the company stating about -- and from
even the C.E.O. of the company that this is sole-source
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due to that, I felt it was required to bring this to the
Commissioners Court, because under 262.024, it states that a
contract for the purpose of any of the following items is
exempt from the requirements established by 262.023 if the
Commissioners Court, by order, grants the exemption. And
that item is items for which competitive is precluded because
of the existence of patents, copyrights, secret processes, or
monopolies. I did run this one through Ilse. She has looked
at everything in it, and agrees that this is sole-source
exempting from that.
COMMISSIONER BALDWIN: And why would we want to
exempt it from the bid process?
SHERIFF HIERHOLZER: Because it's sole-source
equipment that's going in up there.
COMMISSIONER WILLIAMS: 'Cause what, Sheriff?
SHERIFF HIERHOLZER: Because it's sole-source.
equipment that's going in up there. They're the company that
have that.
COMMISSIONER BALDWIN: Sole source is a company
SHERIFF HIERHOLZER: No, it's not a company name.
MS. BAILEY: The items have proprietary --
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proprietary software in them which makes them exempt fro;n
bidding requirements if you find, in fact, that they are
proprietary processes.
JUDGE TINLEY: This particular company is the only
company which has that technology available to it because it
is proprietary; therefore, you pay the, appropriate price. I
assume, Ms. Bailey, that you have reviewed that and do find
that -- have ascertained that it is, in fact, sole source
because of the technology and the monopolies, proprietary --
MS. BAILEY: Yes, sir.
JUDGE TINLEY:. -- and so forth? Okay.
COMMISSIONER BALDWIN: Do we declare an exemption
or what?
MS. BAILEY: Yes, you have to find that it's
exempt. In other words, Rusty can't just make that decision
on .his own.
COMMISSIONER BALDWIN: Thank goodness for that.
COMMISSIONER WILLIAMS: Yeah, for sure. Do we need
any documentation or anything like that?
MS. BAILEY: I think the documentation is there
attached to your item. There are two letters from the
provider.
COMMISSIONER WILLIAMS: Okay.
MS. BAILEY: Both of which indicate that it's
proprietary software, and therefore sole source.
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COMMISSIONER WILLIAMS: Okay. Essentially, it's
the software, not the hardware?
MS. BAILEY: Right.
COMMISSIONER WILLIAMS: Okay.
MS. BAILEY: Well, the hardware may be proprietary
I too .
COMMISSIONER 'WILLIAMS: I doubt that.
MS. BAILEY: Yeah, the software is the likely.
COMMISSIONER OEHLER: Buster, he could make that
decision if he was taking it out of his seizure money,
couldn't he?
COMMISSIONER BALDWIN: Yeah, and I don't know why
he doesn't. Has he considered that?
COMMISSIONER OEHLER: I don't know why he doesn't
do that.
MS. BAILEY: I still think y'all have to make the
decision.
COMMISSIONER OEHLER: I guess he's putting it on us
so he doesn't have to use his money.
COMMISSIONER LETZ: What's the --
SHERIFF HIERHOLZER: My response to that, even if
we were using seizure fund's, spending over that amount, I
believe I'd still be required at least to go out for bids,
just on my own deal.
COMMISSIONER OEHLER: Okay.
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SHERIFF HIERHOLZER: Unless it was sole source.
JUDGE TINLEY: So, what you're seeking today is a
finding and order from the Court today that the -- the
designated equipment is, in fact, sole-source equipment?
SHERIFF HIERHOLZER: That's correct.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Item 11,
consider, discuss, take appropriate action concerning
acceptance of the 2009 racial profiling report for the period
of 1-1-2009 through 1-31-2009. Sheriff?
SHERIFF HIERHOLZER: I believe it's been submitted
with the report.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
SHERIFF HIERHOLZER: Everyone else is not as quick
as Constable 1.
JUDGE TINLEY: Motion made and seconded for
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(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion carries. Let's go to
Item 12; consider, discuss, take appropriate action to
rescind court order regarding Cummings Lane currently being
maintained partially by the County and partially by the',
residents. Commissioner Oehler?
COMMISSIONER OEHLER: Ms. Bailey? I think I gave
you all the documentation on this.
MS. BAILEY: Yes. I don't have the diagram with
me,'but essentially, Cummings Lane consists of some deeded
property that goes almost to the end of Cummings Lane, and
then there's a short piece of property which was at one point
deeded separately and identified as private. That private
area then goes off into another -- another area which has
public access to it. The conflict has arisen because
apparently back some time ago, there was a hearing at which
that -- that small portion was declared_private. And since
that time -- actually, I thought it was the owner of that --
that sliver, but it's actually the tenant of the adjacent
property has placed an obstruction on that, therefore keeping
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people believe to be private, has actually become public,
either by prescription-or by dedication, so it's actually not
a private road. Secondly, there was a hearing before this
Court at some time in the past, and you may know the dates,
where there was a declaration that that was a private -- a
private area. However, apparently proper notice was not
given to all the adjacent landowners, so that declaration of
it being private is presumptively ineffective to declare that
private.
So, the bottom line is that we have Cummings Lane
that connects up to another public area, that -- partly a
road and partly a large kind of parking/driving area. That
should be open; should not have that obstruction for those
two reasons. And in order to clarify the issue, I think we
need to have the Court review that prior order that public
notice was not given for, and to declare it invalid, anc'~ then
to also direct my office,"or maybe the Sheriff's Office or
whoever's appropriate, to require the obstructions that, are
on that to be removed. There was actually a big tank of some
kind that was placed right in the middle of the road so'that
you couldn't get around it, but I've been told now that that
tank is removed.
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COMMISSIONER OEHLER: It's gone.
MS. BAILEY: But that the person who put the tank
there is now parking a vehicle across that, so that's still
inaccessible to the public.
COMMISSIONER OEHLER: What this is, is whenever the
subdivision Walter Masters put in years ago, you know, where
Blue Ridge is on one end, then Cummings goes straight across
over by the storage buildings. Somehow or another, the 'part
bet~een the end of where A-1 Transmission is and those
storage buildings, that was changed to private somehow or
another, and from what I've been told, sometime in 2000,
early 2000. And there's a property owner that has land in
there that was never noti-fied that that was going to become
private, and she's kind of upset about it.
COMMISSIONER BALDWIN: I don't blame her.
COMMISSIONER WILLIAMS: Yes, she is. She happens
to be a neighbor of them.
COMMISSIONER OEHLER: And I don't blame her a bit.
You can't close somebody's access, and it being a
County-maintained road all those years.
COMMISSIONER BALDWIN:- So, this particular court
order that we -- that we want to rescind talks about
notifying everybody and --
COMMISSIONER-OEHLER: We haven't really found a
court order.
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COMMISSIONER BALDWIN: Ah.
COMMISSIONER OEHLER: Cheryl has looked for it.
Now, I saw something that resembled one, but I don't know --
MS. BAILEY: Yeah, it's not exactly clear. But
regardless of whether or not that order was ever issued, I
think that what trumps it is, number one, that proper notice
wasn't given, and then number two, that since then there have
beef other activities which make that road public. One is
that one or more transfers of property with that deed have
made it subject to any and all apparent public easements.
Clearly, that road being across there is a public easement.
So, I think that if there was any division of the property
making it private sometime in the past, that has been changed
by -- by actions subsequent to that. But it needs to be
cleared up, because there are arguments either way. Now,
since we don't want to get into the same difficulty that
we're in right now, I think probably, number one, we need to
issue some kind of an order declaring whether it is public or
not, but it might be a good idea also to have a public
hearing so that all the current property owners have the
opportunity to come in to put their two cents in, and then
you can make that determination.
COMMISSIONER OEHLER: Settle~it once and for all.
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COMMISSIONER OEHLER: Because there's another issue
that goes with this, but this is the first one.
JUDGE TINLEY: The agenda item is styled to take
appropriate action to rescind court order regarding Cummings
Lane.
COMMISSIONER LETZ: The appropriate action could be
to set a public hearing.
MS. BAILEY: That's exactly my point, yeah. 'Cause
we can't -- I think that maybe, if we can't do it till w!e
have the public hearing, then that's an appropriate action.
JUDGE TINLEY: Yeah. And what prompts my question
is, we don't even know whether we got a court order with
regard to it.
MS. BAILEY: Correct.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: So, we need to pass on this
I until we --
JUDGE TINLEY: Well, we set a public hearing.
COMMISSIONER LETZ: We can set a public hearing.
COMMISSIONER OED-ILER: Well, are we going to do that
in 30 days? That would be the --
MS. BAILEY: The 22nd is the next -- the next.--
COMMISSIONER OEHLER: Be the first meeting in
~ April?
MS. BAILEY: April.
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COMMISSIONER OE~LER: What's the date on that,
Cheryl?
JUDGE TINLEY: The 12th.
COMMISSIONER OEHLER: Thirty days. Otherwise, it's
pretty short notice to get it in the paper.
THE CLERK: April 12th would be the first meeting.
COMMISSIONER OEHLER: The 12th?
THE CLERK: Mm-hmm.
COMMISSIONER OEHLER: I move we set a public
hearing for the 12th of April regarding Cummings lane, at
10 o'clock.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded as
indicated to set a public hearing for 4-12-2010 at 10 a.m.
MS. BAILEY: And does that motion include to send
out notices to all property owners?
COMMISSIONER OEHLER: Yes.
JUDGE TINLEY: And to notify the appropriate
landowners as required by law that are within the appropriate
statutory distance from that roadway. Further question or
discussion on the motion?
COMMISSIONER BALDWIN: I have a question. It says
"partially maintained by the County," I think is what this
says. Maintained up to this water tank, or vehicle sitting
in the road? Or --
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COMMISSIONER OEHLER: It had been maintained even
back when you were on the Court before down here. It had
been maintained all the way through.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER OEHLER: And then, somehow or another,
about half of it has been made private.
COMMISSIONER BALDWIN: But -- so, by prescription,
we really -- we could --
MS. BAILEY: That's the problem with not knowi'nng --
I COMMISSIONER BALDWIN: -- do the whole thing.'
MS. BAILEY: -- not knowing what the original order
is that we've been talking about, because I don't think if
you have a road that was originally public, I don't know that
you -- you could have made it private to start out with. I
mean --
COMMISSIONER-OEHLER: You couldn't have made it
private without all the landowners agreeing.
MS. BAILEY: Correct.
COMMISSIONER OEHLER: There's one landowner that
was not contacted. That ',s where we are.
COMMISSIONER BALDWIN: I'm there. Got you.
JUDGE TINLEY: Any other question or discussion?
All in favor of the motion, signify by raising your right
hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion carried. Item 13, consider,
discuss, take appropriate action on formation of a road
district in part or all of Lazy Valley Country Unit 1
Subdivision. Commissioner Letz?
COMMISSIONER LETZ: This is an area off Stoneleigh
Road. We've done some preliminary work, had some preliminary
costs of what it would cost to upgrade the road to a county
road. It's in a subdivision, and they would like to proceed
with the whole process to get a road district formed. Their
goal, they would like to have it on the March -- I mean,
excuse me, May 8th election date. And I put this on the
agenda, as well as the next item, to -- can't get on the.
May 8th?
', MS. ALFORD: You got to have a public hearing.
Don'''t you need to have a couple of public hearings before --
COMMISSIONER LETZ: I'm not -- that's why I -- I
mean, I'll defer to Ilse,, and that's the reason it's on the
agenda, is because there's a -- it's rather complicated. And
I've read everything that I've seen that -- coming through
the County Attorney's office. It appears to me there's
really just one -- it's all done at one time, and one public
hearing, but I'm not positive about that.
MS. PIEPER: You also have to have 60 days notice
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I
to D.O.J.
COMMISSIONER WILLIAMS: Just like Ingram Lakes, I
I believe.
COMMISSIONER WILLIAMS: Requires a public hearing,
'cause there's taxes involved.
COMMISSIONER LETZ: And we talked a little bit
about there's a Department of Justice requirement that you
get it on the ballot. These are -- I wouldn't -- I mean,
maybe it's a sub to this type of election, but this is a
special -- I mean, very small. One of them is going to be 15
lots, and -~ actually, both of them are probably 15 lots,
very small. Each one probably has less than 10 voters
maximum. But, anyway, if it's -- if it takes that -- I don't
know if it takes a requirement or not. Anyway, Ilse?
MS. BAILEY: With respect to the timeline, it's
hard to say whether or not you can get it on because of the
variables, but I'll state the variables and then you can
decide whether or not you can do it within the time. First
of all, the road district has to be designated or described.
It doesn't have to be described by survey, but it has to be
specifically described. So, who's going to do that, and how
long will it take? Then, secondly, the Commissioners -- a
road district can be created on motion of Commissioners Court
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or petition ,by property owners. Probably want to go the
route of petition by property owners, because you can't set
up -- you can't do bonds-for the payment of it unless you do
it on petition of the owners. So, I'm going to -- in my
analysis, I eliminated doing it on the Court's own motion,
and I'm just looking at --
COMMISSIONER LETZ: My understanding of what could
be done, you know, is that the Court can do it, but have a
subsequent thing of the bonding as an agenda item also. So,
the Court creates the road district, but we don't do it until
we have the funding mechanism in place first.
MS. BAILEY: Right. But if you're talking about
trying to get that on the May agenda -- I mean, you could
order it today, but you still have to go through the process
of getting that petition so that you can get the bonding
issue on the --
COMMISSIONER LETZ: Right.
MS. BAILEY: -- election for May.
COMMISSIONER .LETZ: Both groups have told me they
can get it within a week.
MS. BAILEY: Okay. Then, secondly -- of course, I
guess you'd say this would also be within that week -- who
will identify the property owners and prepare and circulate
the petition? When the petition is then filed with
Commissioners Court, it will have to be placed on the next
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agenda. So, depending on when --
COMMISSIONER LETZ: Right.
MS. BAILEY: -- that is filed, then you either get.
individuals according to statutory requirements, and then
schedule a public hearing. You have to do that within --
it's between 15 and 90 days after the order. So, if you: did
it within 15 days, that probably gives you enough time. If
it's within 90 days, probably not. And then, of course, how
long it will take to get preclearance from the Justice
Department is another time factor. My understanding is .that
that is a pretty rapid process if you have all of your ducks
in a row. You've probably been through that, Jannett, so you
may'know more than I do about the timeline on that. But
it's -- so it's conceivable that you could have it on the May
election, but you need to really --
COMMISSIONER WILLIAMS: Don't we also have to have
some estimate of cost, Commissioner?
MS. BAILEY: Yes.
COMMISSIONER LETZ: We have an estimate on cost on
one of them, and on the other one, Len's looked at it. He
hasn't looked at it recently, I know. The other one came up
~ quickly. The other one, the -- well, that's the next agenda
I item. You might call the next agenda item so we can talk
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about both simultaneously.
JUDGE TINLEY: Yeah, we can just run them, 'cause
COMMISSIONER LETZ: Right.
JUDGE TINLEY: Let me go ahead and call Item 14;
consider, discuss, take appropriate action on formation of
road district in part or all of Castle Lake Ranch
Subdivision. We got the same issues there, obviously.
COMMISSIONER LETZ: Right, it's the same. It's a
little bit smaller. That's the one that came up rather
quickly. This is a -- their access is through Bandera
County, little corner down there, Castle Lake Subdivision.
I've been telling the people I talked to in this subdivision
for probably six, seven years, they need to do a road
district. They decided they're gung-ho to do it now, right
away. (Laughter.) They actually called me three times; they
were having a meeting with all the people that would sign it
in there. You know, so -- and it's a pretty small stretch of
road, so I think we can probably get an estimate pretty quick
on what it would cost to bring that road up to county
standards. One question I do have on both of these, on the
bonding petition, can it be a "not to exceed" number? Both
-- another issue. Both of these have the value to support
25
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COMMISSIONER BALDWIN: Jon, let me ask a question
doing this.
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when you're there. You're talking about -- I thought I heard
the attorney say something about some -- somebody's
responsible for determining who the property owners are.
COMMISSIONER LETZ: Right.
COMMISSIONER BALDWIN: And in the back of my mind
somewhere, we're also -- someone has to be responsible for
determining the value of those properties.
MS. BAILEY: I think you do that by the Appraisal
District.
COMMISSIONER. BALDWIN: Is that still the way we
do }-
COMMISSIONER LETZ: Yeah.
COMMISSIONER BALDWIN: -- road districts, that they
have to have that -- they have to have enough value in order
to pay the bond back?
COMMISSIONER LETZ: Correct.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: And both of these do. I mean,
within limits. The Lazy Valley's a little bit --
COMMISSIONER BALDWIN: Is that up to us to
determine that?
COMMISSIONER LETZ: Well, the value -- I think
there's some -- we determine what the -- how much tax they're
going to be levying on themselves, and they decide if they
want to levy that or not. We kind of give -- it's a formula
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which, you know, you got to pay it back in -- we have used 15
years. We can go, I think, up to 30 if we want, but we've
tried it; 15 is probably better. And then, you know, the
value's pretty easy; we have that on the appraisal rolls.
And then people. And the areas are simple on both these,
'cause both of these are platted subdivisions, so we can
identify the lots. That's why the -- defining the boundaries
is simple on this one, because they just have to figure out
which lots they want in it.
MS. BAILEY: In answer to your question about the
amount of the bond, at least the last bond election that we
did, the proposition read authorizing the district to issue
its'bond in the total sum of, and then the -- the specific
amount. I don't think that you can or should do, you know, a
movable amount in there. But, certainly, if you think it's
going to cost this much, you put that as the maximum, and
then hopefully, you know, your cost will be less than that.
COMMISSIONER LETZ: If it comes in less, you pay
off the bond.
MS. BAILEY: Faster, I guess.
COMMISSIONER OEHLER: Give back the portion you
don't use. Don't sell those bonds.
JUDGE TINLEY: Excess proceeds that aren't
required, you just apply that on your debt.
COMMISSIONER LETZ: I wouldn't know that we would
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-- I don't know that we would know that. They would knew the
cost. I think you have to get the bonds, you know, before
they start the work. You may not know, so there might be a
little bit,. ,you know, they're not going to know. I don't
think any contractor is going to go straight-off a bid.
COMMISSIONER OEHLER: Sounds to me like you've got
a lot of work to do in the next week or two.
COMMISSIONER LETZ: Well, it's --
MS. BOLIN: Today is the last day to call for an
election for the May ballot --.for the May election day, so
there's no way it can be done in May. There are no special
election days. The next soonest day wi-11 be the November
election.
COMMISSIONER LETZ: The November one?
COMMISSIONER OEHLER: That would be quick enough.
COMMISSIONER LETZ: May have to be.
COMMISSIONER OEHLER: That's a whole lot better
than waiting another year.
COMMISSIONER LETZ: Yeah. Okay.
JUDGE TINLEY: Give us an opportunity to make sire
we hit all the stops and do everything exactly right.
COMMISSIONER LETZ: Okay..
JUDGE TINLEY: I guess it's pretty much up to the
citizens in those two areas now to -- once we give them a
grocery list of what they need to do, --
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COMMISSIONER LETZ: Right..
JUDGE TINLEY: -- from their standpoint, to move
forward now.
COMMISSIONER LETZ: The -- the -- well, I'll get
with Diane, then, to figure out -- probably going to be --
they need to almost start working now to get it on the
November, even.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: Makes a lot more sense.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: Not long till November.
JUDGE TINLEY: Ms. Hyde, on Item 15, the business
agreement with Willis H.R.H. and Script Care, that shows.
executive session. That's not necessary, is it? Okay. L'et
me go ahead and call Item 15. Consider, discuss, take
appropriate action on privacy officer signing new business
agreements with Willis H.R.H. and Script Care required for
Kerr County. This is essentially the same issue that we had
before us previously, authorizing you, as the designated
privacy officer, to execute those particular agreements?
MS. HYDE: Yes, sir.
JUDGE TINLEY: That's the only thing that we're --
MS. HYDE: These are different ones.
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JUDGE TINLEY: -- dealing with, correct?
MS. HYDE: These are different ones, so I told
Commissioner Baldwin I would make sure that I brought every
single one of them to the Court, and let's gets a court
order.
COMMISSIONER BALDWIN: And we're going to designate
you' every time?
MS. HYDE: I'm the privacy officer. I guess you're
going to designate me that I can sign it.
COMMISSIONER BALDWIN: I thought we did that last
I time.
MS. HYDE: These are two new ones.
COMMISSIONER BALDWIN: So we do it every time
something new comes up?
(Ms. Hyde nodded.)
COMMISSIONER BALDWIN: That's a funky way to do it,
but whatever. Okay.
JUDGE TINLEY: Well, I think Ms. Hyde's
understanding was, even though we designated her as privacy
officer, because there would be multiple agr"eements to come
down the pike, she would bring each of those back to us .just
to get the Court's approval.
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: To allow her to move forward.
COMMISSIONER BALDWIN: Correct.
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COMMISSIONER WILLIAMS: Makes sense.
COMMISSIONER LETZ: Move approval.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item. Question or discussion? I
assume the County Attorney has reviewed these agreements?
MS. HYDE: I was looking for her. Yes, sir, she
agreed to them.
JUDGE TINLEY: Okay. All right. Further question
or discussion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Let's now go
to our 10 o'clock timed item, Item Number 4, which is
consider, discuss, take appropriate action regarding vehicle
traffic during the Easter festival at Flat Rock Lake Park.
Ms. Vickers?
MS. VICKERS: Yes, sir.
JUDGE TINLEY: And you are Bliss Vickers. You
represent the American Legion; is that correct?
MS. VICKERS: Yes.
JUDGE TINLEY: All right, thank you.
MS. VICKERS: What -- we have the court order to
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use the park, which we got that back in October. But what
Easter egg hunt and all the children, and the band stage is
set up right beside the road inside the park, and people
gather in front of the-band stage. And we just want to be
able to lock the park -- the gate, just for the hours that
we're there.
COMMISSIONER BALDWIN: What did we do last meeting?
I thought we did that.
COMMISSIONER WILLIAMS: We affirmed that there's no
that --
COMMISSIONER BALDWIN: Different party? Or --
COMMISSIONER WILLIAMS: No, I think it's the same
SHERIFF HIERHOLZER: Same people. The issue was --
I brought last time was that it was brought to me that they
just wanted to close the park during that time, and I didn't
think that we could do that. And they wanted to limit people
from bringing in outside alcohol and their ice chest; I
didn't think we could do that. They weren't able to make it
at the last meeting to explain their side of it more, if the
Court will remember. So, when they came back to us and asked
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us again about it, I suggested they put it back on the agenda
and bring it back and let y'all hear that side of it, and
decide.
COMMISSIONER BALDWIN: But we made a decision last
time, did we not?
COMMISSIONER WILLIAMS: That there's no exclusivity
with respect, to the park.
COMMISSIONER BALDWIN: You don't have to get angry.
COMMISSIONER WILLIAMS: No, I'm not. Not yet.
COMMISSIONER BALDWIN: And so you're here to arppeal
that decision? Or --
SHERIFF HIERHOLZER: No. What --
MS. VICKERS: No. I was just told, since we didn't
make it last time, that we needed to get back on the agenda
and a representative come and ask the Court if we could just
close the park for vehicular traffic.
COMMISSIONER BALDWIN: Okay.
MS. VICKERS: We don't want to --
JUDGE TINLEY: In the area where the Easter
activities are located.
SHERIFF HIERHOLZER: It would be the whole park
would be closed. The gate would be shut. You only have the
one gate entrance there right by the boat ramp, just to keep
any vehicles from driving through the.park at all.
COMMISSIONER LETZ: That would include vehicles of
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people attending your event as well?
SHERIFF HIERHOLZER: No, they're wanting to allow
MS. VICKERS: The cooks come in with their trailers
and their R.V's and all that, but we want to lock the gate
after 10 o'clock. That was -- they would have to come in and
get, set up and park their vehicles someplace else as well.
', It's just -- I mean, we want pedestrians down there,
obviously. It's a fundraiser for us, so we want people to
come.. We just want to keep traffic out as much as possible,
just for safety issues.
COMMISSIONER WILLIAMS: I have a couple
questions -- I'm sorry, Judge. Go ahead.
JUDGE TINLEY: You've got a safety issue that
you're trying to address here because of the number of
pedestrians, people moving around in that location. I assume
there would be exceptions for law enforcement, for example,
if there was a need for emergency vehicles, law enforcement,
fire, whatever? Ambulance?
MS. VICKERS: Yes.
JUDGE TINLEY: Also for -- you're going to be doing
some trash pickup and things like that., and I don't know
whether you're going to be using ATV's for that, or -- or
pickup trucks or what, but that would be -- that would be,
obviously, probably some other kind of exception. But
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generally, no normal vehicle traffic within the park.
MS. VICKERS: Correct.
JUDGE TINLEY: Okay.
SHERIFF HIERHOLZER: The only other question I
would have is, who is going to maintain the key to that gate?
Or are they going to put a combination-type lock on there?
COMMISSIONER WILLIAMS: Thank you.
SHERIFF HIERHOLZER: Or am I going to have to have
a deputy stationed at that gate for the entire day at the
County's expense?
COMMISSIONER OEHLER: Y'all are going to have
security of your own of some sort?
MS. VICKERS: We have talked to the Sheriff about
hiring security during 12:00 to 6:00, during the day. Last
yeax the Sheriff's Department, they patrolled the park. They
.cruised through in their vehicles, and we didn't have to hire
anybody last year. And there was cause for an ambulance to
come down there. There wasn't any problem with that vehicle
getting in and out. We manned the gate just to try to keep
the traffic out ourselves. We didn't actually have it closed
and locked. We had people manning the gate to direct people
for handicapped, where they could park, and shuttled them in.
We brought them down in a golf cart last year.
COMMISSIONER WILLIAMS: Where did you direct them
to park?
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MS. VICKERS: Up by -- around the American Legion
and around Freedom Hall. Some spaces were kept open down
right by the boat ramp for the handicapped. We tried to keep
COMMISSIONER WILLIAMS: What about the people who
might want to use the park for a family event of their awn?
And they're coming in with all their supplies and so forth to
take care of their little clan. How about those folk?
MS. VICKERS: Well, we -- I don't know about that.
We didn't have any wanting to do that last year, but I
suppose we could let them in.
SHERIFF HIERHOLZER: See, my issue with that is, I
don't want my agency to end up having to draw the line to
what is a public park and for all the citizens of Kerr
County, that we're going to pick and choose which ones can
and. cannot go in and out the gate. I understand the issue
with an Easter egg hunt and children, you know, being around
there, but I just -- I don't know where we go with this,
Commissioners, as far as who you're going to allow and what
handicap's going to get in there, and what time frame. And
the security we have there I don't think should be standing
there, just --
COMMISSIONER OEHLER: This has been going on a long
MS. VICKERS: Mm-hmm.
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COMMISSIONER WILLIAMS: Yeah, it has.
MS. VICKERS:- I don't know how it got blown out of
designating a group to have -- something as large as this.
It really couldn't fit with somebody that wanted to have a
family picnic; they couldn't reserve the whole park. But if
it's a group like this, I can understand where they need to
have control over, you know, access. And it's a benefit to a
lot of folks in the community. It's not just a one-family
COMMISSIONER WILLIAMS: I understand the benefit.
And these folks have been doing it a long time. How many
people usually attend the Easter egg hunt?
MS. VICKERS: Just the children, or are you talking
abort whole festival? Whole festival, last year we had
around 2,000, and this year were expecting even more.
COMMISSIONER WILLIAMS: And that would be on a
come-and-go basis?
MS. VICKERS: Yes, sir.
COMMISSIONER WILLIAMS: Okay. And those with
children who come especially for the Easter egg hunt and so
forth, those festivities, did you allow -- in the past, did
.you allow their parents to bring 'them in and those vehicles
I to come in?
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MS. VICKERS: No, sir.
COMMISSIONER WILLIAMS: They walked in?
MS. VICKERS: Yes, sir.
COMMISSIONER WILLIAMS: Okay. They parked above.
MS. VICKERS: Yes, sir.
COMMISSIONER OEHLER: We'd eliminate a lot of
problems if we close it to all vehicles that are not
authorized by the -- this other festival -- Easter festival
group to be there.
COMMISSIONER LETZ: Well, if you have vehicles --
all I hear that really needs to get in there are the cooks
and'. some of those groups. They'll be in there before.
MS. VICKERS: Correct.
COMMISSIONER LETZ: So you can close it at a
certain time. And, obviously, you mentioned ambulance..
Well, ambulance, law enforcement, they can go in whereve,rr
they want. So, I mean, that's not an issue. I think you
just -- you either close it or don't close it, to me. It's
got to be black and white.
SHERIFF HIERHOLZER: My only issue would be, then,
to do it like they did_it last year. Let them man the gate.
I don't think we should have an officer manning that gate.
COMMISSIONER LETZ: Yeah.
COMMISSIONER OEHLER: Then we'd get hit for another
deputy.
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SHERIFF HIERHOLZER: I can do that too,
Commissioner. (Laughter.)
COMMISSIONER WILLIAMS: No, I don't want a deputy
doing it. You folks -- if you -- if the Court agrees with
you, you'll have to man that gate yourself.
MS. VICKERS: Yes, sir. We did last year.
COMMISSIONER LETZ: That's fine. I move we
authorize the -- what's the name of your group?
MS. VICKERS: American Legion.
COMMISSIONER LETZ: The American Legion does i',t?
MS. VICKERS: Yes.
I COMMISSIONER LETZ: The American Legion has
authority to regulate traffic inside Flat Rock Park for ',t he
festival.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Further question or discussion on that motion?
COMMISSIONER BALDWIN: Ms. Vickers, I'm going to
vote no; simply because I don't think that we should be
denying people the right to their own property. If Billy Bob
and his children want to go in there and set up their little
fishing camp, they need to have the right to do that. They
own it as much as everybody else. Nothing -- nothing against
anybody.
MS. VICKERS:- I understand.
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COMMISSIONER BALDWIN: It's just -- that's the way
I think.
COMMISSIONER WILLIAMS: I'm going to vote yes, with
the understanding that if a family group comes in and they
wish to use the picnic table on the lakeside for their own
little clan, there won't be an issue about them having
i access.
MS. VICKERS: Yes, sir.
COMMISSIONER WILLIAMS: Do I have your
understanding on that?
MS. VICKERS: Yes, sir.
SHERIFF HIERHOLZER: Vehicular access?
COMMISSIONER WILLIAMS: Hmm?
SHERIFF HIERHOLZER: Vehicular access?
COMMISSIONER OEHLER: No.
COMMISSIONER WILLIAMS: No. They can walk in with
their coolers and their clan.
COMMISSIONER OEHLER: -They can still access it.
They just won't be able to drive it for this week -- one
weekend, the way I look ,at it.
COMMISSIONER WILLIAMS: With that understanding,
I'm with you. Okay.
JUDGE TINLEY: Further question or discussion? All
in favor of the motion, signify by raising your right hand.
(Commissioners Williams, Letz, and Oehler voted in
favor of the motion.)
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JUDGE TINLEY: All opposed, same sign.
COMMISSIONER BALDWIN: Aye..
(Commissioner Baldwin voted against the motion.)
JUDGE TINLEY: Motion does carry. Let's move to
Item 5, also a 10 o'clock timed item. Consider, discuss, and
take appropriate action regarding to open, refer, and award
annual materials bids for road base, cold mix, aggregate,
emulsion oil, and corrugated metal pipe. Mr. Odom, we got a
bunch of bids up here.
MR. ODOM: Yes, sir. May I also point out that
this -- when we sent this agenda item in, and I think the
supporting document says that we were going to come back in
March, the next meeting, but this says "award." So, we
'' didn't plan on awarding it.
JUDGE TINLEY: I want to give you that option. I'm
the one that added the "award." If you wanted to come back
later and go ahead and finalize it, you can. If you want to
bring it back, that's your option also.
MR. ODOM: That's fine.
JUDGE TINLEY: I -- I had not seen the backup
material at that time, Mr. Odom, so I just put it there to
give you more --
MR. ODOM: That's okay.
First bid
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dealing with base material. Next bid is from Wilson
Culverts, Incorporated, and that is dealing with corrugated
metal pipe. Next bid is _from Allen Keller Company, and it is
for base material. Next bid that we have is from Martin
Marietta, paving aggregate, emulsion oils, base material, and
hot mix, cold laid asphalt. Next bid is from Ergon Asphalt
and Emulsions on emulsion oils. Next bid is from Vulcan
Construction Materials on paving aggregates, hot mix, cold
laid asphalt, emulsion oils -- excuse me, emulsion oils is
not included. Paving aggregates and hot mix, cold laid
asphalt. Next bid is from Texas Corrugators, south Texas
region, on corrugated metal pipe. And the last bid is from
Contech Construction Products, Inc., corrugated metal pipe.
COMMISSIONER LETZ: I move we accept all bids 'and
refer them to Road and Bridge Administrator for
recommendation.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded as
indicated. Question or discussion on the motion?
COMMISSIONER BALDWIN: When will you bring it back,
Leonard?
MR. ODOM: I'm -- well, we'll take a look. I don't
know. May I get back with you -- probably you'll take a
break here in a little bit. Let me look at it.
COMMISSIONER BALDWIN: I would hope so.
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MR. ODOM: So, our plan was to look at it, analyze
it. We had some questions about the aggregate, and I don't
know -- I don't have the documentation to show you at this
point. We're just going to open and try to make sure --
COMMISSIONER LETZ: There's no hurry. You can do
it -- next meeting is fine.
MR. _ODOM: That's the way -- I feel like there's no
hurry for it.
JUDGE TINLEY: Either way. It's your call..
MR. ODOM: All right. May I -- Cheryl, may I take
that to y'all's place and have it Xeroxed?
THE CLERK: Yes.
MR. ODOM: Without me taking it out of the
building.
JUDGE TINLEY: Any other question or discussion?
COMMISSIONER BALDWIN: No, sir.
JUDGE TINLEY: All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Why don't we
go ahead and take about a 15-, 20-minute recess right now.
(Recess taken from 10:15 a.m. to 10:35 a.m.)
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JUDGE TINLEY: Okay, let's come back to order, if
we might, from our recess. We'll go to Item 8, our 10:30
timed item. Consider, discuss, take appropriate action to
approve new telephone service provider for the county
courthouse. Mr. Trolinger?
MR. TROLINGER: Good morning. Thank you. Two'--
two preliminary items. There's a representative from
Windstream here, Kimberly Dandurand, who would like to speak.
And the second is, I don't -- I don't know if I clarified the
-- that the contract was existing, but the County Attorney
did take it upon herself to review, and wanted to make clear
that she might want some additional changes besides the
original 2007 contract changes that were made at that time by
Rex Emerson implemented in this contract. Just -- just
legalese and some verbiage that might need to be struck out.
The. -- the way I worded it was that we're going to approve a
new telephone service provider, which is technically correct,
but the primary reason for the change is that the type of
line we have now takes all our phone calls in, our inbound
calls, and the new type of line that we would like to change
to provides both in and outgoing. This will be a cost
savings -- a slight cost savings overall, and that's the
prime reason that we want to change. The existing line from
Windstream is fine. Our new telephone system can't quite
handle some of the things that need to be done. But the --
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the primary reason to change this is for the cost savings and
the technology.
COMMISSIONER LETZ: What -- go back to your
statement. What -- what or why can't the new system handle
MR. TROLINGER: Well, the -- the T-1 line that.
exists today is a -- is X996 implemented technology, and the
box that we have that interfaces with the line, we just
haven't been able to get programmed. The contractor hasn't
been able to get it programmed to work 100 percent the way we
want it to. We had long-term plans to move to this new type
of service. It's not something that we weren't going to do.
It's just that we wanted to put the new telephone system in
first before we started switching to the new -- the new
inbound and outbound service.
COMMISSIONER BALDWIN: Will this fix the -- I mean,
I see written in here the T-1 issue is the major problem
today. Will this action that you're asking us to take today,
will that fix the T-1 issue?
MR. TROLINGER: I'm told it will fix the problem
that we're having with the echo on the phone system.
COMMISSIONER BALDWIN: Seems like there was more
than echo, though. Basically, he says that the T-1 is the
problem -- okay. Echo is one, yeah. And, of course, your
department hiding these tools. But -- which was my favorite.
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(Laughter.) That was my favorite thing in here. But seE~ms
like there was -- I apologize, I'm not prepared to talk about
it, but seems like the T-1, there was the echo issue and
there was a couple of issues.
SHERIFF HIERHOLZER: Delay. Voice delay.
MR. TROLINGER: I don't believe the delay is
associated with the T-l. I believe that's the phone system
itself.
COMMISSIONER BALDWIN: Okay. So the T-1, then, is
ancient--- whatever it is. If we get -- if we approve the
agenda item today, then that fixes that issue? Is that--
MR. TROLINGER: Yes. And also our -- our fax'.
lines, we've got various issues with. But I believe that
we'll resolve the outbound faxing problem and inbound faxing
problem --
COMMISSIONER BALDWIN: Okay.
MR. TROLINGER: -- with this new type of service.
COMMISSIONER WILLIAMS: This is not a T-1 line as
we know it, what you're proposing?
MR. TROLINGER: That's correct.
COMMISSIONER WILLIAMS: This is an Internet
protocol line, right?
MR. TROLINGER: Well, no. .It's actually called a
P.R.I. line, which is primary rate interface, just a
different type of T-1. It's a newer version of a T-1.
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COMMISSIONER WILLIAMS: Does it maximize our
COMMISSIONER WILLIAMS: Huh?
MR. TROLINGER: It does. What it does is it
eliminates -- right now we have a bunch of plain old
telephone lines for outbound calls, and it eliminates those
and consolidates it all an this one line. And that's where
we get a lot of cost savings, is those individual lines 'that
we're paying for for the outbound right now, and especially
on the fax lines, are -- are expensive compared to a P.R.I.
So --
COMMISSIONER WILLIAMS: Currently, those are
separate lines?
MR. TROLINGER: Yes, they are.
COMMISSIONER WILLIAMS: And they would all be
consolidated in this new protocol?
MR. TROLINGER: Yes, sir.
COMMISSIONER WILLIAMS: So, you've mentioned
savings a couple of times. What type of savings are. we
looking at, or for?
MR. TROLINGER: Well, the cost of the line is'more,
but by eliminating the -- the outbound POTS lines, we're
going to be about $50 less per month overall, I think, once
we're done with everything. You know, between the three
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providers I looked at -- we've got three different providers
in town now. We've got Hill Country Telephone, Time-Warner
Cable, and Windstream. Between the three of those, the cost
difference is significant, and that's why I'm recommending
Time-Warner today, because their cost is about $505 per month
on the P.R.I.,, and they are the lowest. And then the other
two were -- were higher. I can go through all those numbers
if you'd like.
JUDGE TINLEY: Mr. Trolinger, the -- you've
obviously received bids from all of those providers that have
the capability to provide this service that you were loaking
for.
MR. TROLINGER: I did.
JUDGE TINLEY: My question goes to the issue of
whether or not there was any bid requirement with respect to
.that. You know, that $500 a month or $600 a month,
obviously, that's considerably less than -- less than the
threshold amount figured on an annual basis. What -- what
have you -- what checking have you done in order to satisfy
yourself that there's no requirement for bidding on that?
MR. TROLINGER: Well, of course, there's the
$50,000 requirement that's the -- for the bid threshold'. But
just to make sure -- and the Auditor helped out with this
extensively, and she made a phone call to verify again that
even though the -- the contract states that that this rate is
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calculated for five years, at least two of the providers
provided me with pricing based on five years, I went and
looked, and the Auditor says the County can only obligate
itself to a one-year contract, one-year term, and that's what
we base this on. Now, just to make sure, I went ahead and
asked Time-Warner to -- to verify that their pricing is one
year, and Hill Country Telephone and Windstream also the.,
same; it's a one-year contract.
JUDGE TINLEY: It's priced on a five-year basis,
but it's subject to approval and appropriation each year by
the Court.
MR. TROLINGER: Yes, sir.
MS. HARGIS: It's -- a 30-day termination clause is
in it.
JUDGE TINLEY: So, in essence, the vendor is
obligated for .t his pricing, but we can bail out on an annual
basis.
MS. HARGIS: That's right.
MR. TROLINGER: Yes, sir. And just to make s.zre, I
calculated out -- I included our long distance cost, which is
also a factor in this. It's three cents per minute from
Time-Warner, versus six cents is our existing. I added the
long distance, I added the other things, and I ran it out.
Even if we had a huge long distance bill, at five years, the
highest number I could come up with was $48,000. So, just --
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JUDGE TINLEY: Over the five-year term?
MR. TROLINGER: Over five years, correct.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: John, you only -- you only
show us the Time-Warner Cable proposal, and you're
referring -- or referencing the other two. Are they apples
to apples to apples in terms of what they were asked to
propose on the pricing?
MR. TROLINGER: Yes.
COMMISSIONER WILLIAMS: And why can't we take a
look at the comparative pricing?
MR. TROLINGER: Well, I have the comparison here.
The -- the basic rate for the -- for the P.R.I. itself is
$505, as I said, from Time-Warner. Windstream was 562, and
Hill Country Telephone was 558. The most significant
difference is the long distance rate,.. which I -- I looked at.
It's about $200 a month on the sample bill that I pulled out,
and with Time-Warner, that would cost us $100 today.
COMMISSIONER WILLIAMS: Help me understand what I'm
looking at in your proposal where it says total monthly,
1,095.
MR. TROLINGER: .Okay. I think those were from my
notes where I was jotting down some figures.
COMMISSIONER LETZ: That's the typed-in number from
Time-Warner.
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MR. TROLINGER: Oh, that's the Time-Warner number?
Time-Warner, I gave y'all the information that I had at the
time. Initially, Time-Warner attempted to bundle the service
with the Internet service together, and I had them agree to
break that out to make it separate so that I could just give
you -- give you a comparison straight across the board for
the P.R.I. only, for the voice service only.
COMMISSIONER WILLIAMS: So, what is the Time-Warner
I number?
MR, TROLINGER: 505.
COMMISSIONER WILLIAMS: 505?
COMMISSIONER LETZ: Was long distance calculated
the same way?
MR. TROLINGER: Yes, it was cents per minute.
COMMISSIONER LETZ: I mean calculated the same way
as far as areas. There's -- I mean, when you call -- well,
Hill Country Co-Op, for example, they have a service area
that's a long distance rate. Then you have an AT&T rate
outside of that.
MR. TROLINGER: Oh.
COMMISSIONER LETZ: So, you know, there's different
rates. I know Hill Country Co-Op, for example, if you call
from here to Comfort, it's one rate, but here to Amarillo is
a different rate.
MR. TROLINGER: Okay. Well, I'll clarify that to
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make 100 percent sure, but my understanding is it's a fl<~t
three cents no matter where we're calling with Time-Warner.
COMMISSIONER BALDWIN: John, I am not -- I'm just
not totally convinced. Just lack of knowledge is what it is.
I'm not totally convinced that the T-1 is the problem .with
the fax machines and the echo issue. Are you totally
convinced that it is the problem? Or is it the equipment
that we recently installed?
MR. TROLINGER: Well, it's the equipment we've'
installed that's not able to accommodate the T-1.
COMMISSIONER BALDWIN: All right.
MR. TROLINGER: To work with it.
COMMISSIONER BALDWIN:. Is there equipment that we
could have purchased and installed that would be compatible
with the T-1?
MR. TROLINGER: Probably.
COMMISSIONER BALDWIN: Yeah. And I hope -- I hope
it's -- the same question could go to Ms. -- Dandurand?'
MS. DANDURAND: Dandurand, yes, sir.
COMMISSIONER BALDWIN: Dandurand. Maybe she can
address that as well, 'cause I just -- I've got this thing --
I'm not comfortable with it.
MR. TROLINGER: Well, I agree with you. I don't
think this is the solution to our -- to our echo or to our
fax line problems. But the contractor -- the installer is
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COMMISSIONER BALDWIN: What do you think? That's
MR. TROLINGER: I'm skeptical, actually.
COMMISSIONER BALDWIN: Okay.
COMMISSIONER WILLIAMS: Why would they say -- the
contractor for telephone, why would he give you assurance he
could have the right interface with the new equipment, and
you're not comfortable with it?
MR. TROLINGER: Until I see it work and until it's
-- until all the issues are resolved, I'm -- I'm just not
there with the -- with the comfort level, on --
COMMISSIONER WILLIAMS: Would you be --
MR. TROLINGER: -- on the fax machines, especially.
COMMISSIONER WILLIAMS: Would you be at that level
if we were to install a new T-1 line?
MR. TROLINGER: No, I think that would be going
backwards. It would -- it might actually increase the cost
of the phone system, and it definitely would not combine the
services that -- what we're .looking to do here with the
P.R.I., the inbound and outbound.
COMMISSIONER LETZ: I guess -- it appears to me
that the new phone system isn't working properly, and now the
taxpayers are going to pay for a -- you know, there may be
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some savings in it, but there's also-- I mean, we're having
to change something that isn't our -- isn't our fault. ~7hy
should we have to change anything? Bottom line is, the
phones aren't working the way they were supposed to work.
And I don't know why we should have to make a decision. I
think the contractors have to fix the problem.
MR. TROLINGER: I agree. This -- regardless, this
was in my long-term plan, to go to a P.R.I.
COMMISSIONER -LETZ: Right.
MR. TROLINGER: I just want to make that clear. I
don't know if it's the solution to the problems we're having
right now. I'm a little bit skeptical. I -- the problems
will be resolved. But the P.R.I. line is the next step with
the old phone system. We were not able to use that type of
line, so we had to purchase -- we were required to purchase
these POTS lines, these -- these plain old telephone service
lines, to have outgoing.
JUDGE TINLEY: So, your plan was to ultimately
phase into this more versatile type of line and to use ~-
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: And by doing it now, it doesn't
affect the obligation of the -- of the vendor on the new
equipment. That vendor still has the obligation to make
things work as represented in the bid, and as required under
the performance bond.
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MR. TROLINGER: That's right. That's right.
JUDGE TINLEY: But in moving to that now, there is
a small reduction in our monthly cost for the base lineage.
Not a great deal; 50, 60 bucks a month, maybe a little bit
more. But the long distance charge is cut in half?
MR. TROLINGER: Yes.
JUDGE TINLEY: So, we're saving money by moving
where we were going to move anyway. We're just getting there
sooner.
MR. TROLINGER: Yes, sir.
COMMISSIONER LETZ: Is there any down side to
moving from a service standpoint?
MR. TROLINGER: Well, we are putting all our eggs
in one basket. Time-Warner provides us with our broadband
Internet, so if we have an outage, we'll lose both the phone
system and -- and the voice. So, I'm considering my next --
my next step here is on broadband. We'll have a second
provider, and I'm working on those numbers right now. I`m
waiting for one set of numbers yet; I don't have those
available today, and then I'll be able to bring that to the
Court next -- next go around.
COMMISSIONER LETZ: Can we wait until then ti11 we
make -- I'd rather have the flexibility, possibly, of making
that decision -- I agree, I don't know that I like having
both phone and our broadband on one provider, 'cause outages
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MR. TROLINGER: That was a big consideration when I
was looking at that also, was all our eggs in one basket.
COMMISSIONER LETZ: But can we put this decision
off till -- for two weeks, and let you come back with both
numbers -- both recommendations?
MR. TROLINGER: Yes.
JUDGE TINLEY:, Do you think you'll have the other
MR. TROLINGER: I don't know.
COMMISSIONER LETZ: I see a nod.
MR. TROLINGER: A nod, okay. Yes, we will. We'll
have all three items, so we'll give you a solution that ''s
based on all three available providers.
JUDGE TINLEY: There's nothing essential that 'we
need to do today that our system is in jeopardy of not
functioning at all if we don't do something today, is there?
MR. TROLINGER: Well, depends on -- depends orr
whose perspective. (Laughter.) The -- the County Attorney
and one other office have requested that the fax machines --
the inbound faxes go to their fax machine, and we cannot do
that right now with the problem. All the -- all the incoming
faxes for the other departments are coming in via fax to
e-mail, which is just a wonderful technology; we couldn't do
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that before. But the County Attorney wants the old fax
machine to both receive and send. So, I would say that
that's probably the primary consideration today, that -- that
the County Attorney's fax machine would be fixed.
.JUDGE TINLEY:. People have been getting by on that
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: -- heretofore, haven't they?
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: If they'll just kind of -- kind of
gut up, they can do it for a couple more weeks.
MR. TROLINGER: Okay.
COMMISSIONER WILLIAMS: John, one more -- one 'more
question	here.	Are there	any other customers in Kerr County,
the size	of Kerr	County's	needs, that have combined voice and
data with Time-Warner?
MR. TROLINGER: I don't know if it's implemented
yet, but Peterson Hospital was on tap to do that.
COMMISSIONER WILLIAMS: Why don't we find out what
-- what they like or dislike about combining the services and
so forth with the Time-Warner, as opposed to one of the other
22 I carriers.
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MR. TROLINGER: Okay.
COMMISSIONER BALDWIN: Judge, I want to go back to
Commissioner Letz' comment earlier of, you know, why are we
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to Mr. Trainum. And I'd like to read a paragraph out of this
letter, and I want to tell you up front, I'm 100 percent in
support of this. She says, "Please be advised that if you
cannot provide the Commissioners Court and the I.T.
Department with some real and immediate assurance that the
remaining items will be addressed to their satisfaction..
within the. next ten days, it may become necessary for the
Court to exercise its available options to have the system
completed by another vendor. If this becomes necessary, any
consequential damages, including additional cost to the
County, will become your financial responsibility."
So, she's saying -- or the way I'm reading it,''
anyway, is that here's a list of things that needs to be
fixed, and she outlined the echoes and all those things.: If
you don't get those fixed within the 10-day period, and'you
don't come in to Commissioners Court and satisfy the
Commissioners Court of all these issues, then the County has
an option to go and get another company to come in and fix
it, and you pay for it. Why aren't we there? See, I'm
there. We need to tell the guy, fix this stuff or we'll get
somebody else. Actually, he's already been told that. I
stand behind this. I think that we need to -- you know, I
don't know about this savings thing that y'all keep bringing
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up. I don't know how you -- that sounds like Obama to me;
the more you purchase, you save out of it. I don't -- I
don't get that. But I just think it's being addressed here
in the proper way, and I think we need to stand behind it.
COMMISSIONER WILLIAMS: Where in the process is the
contractor in keeping with what Commissioner Baldwin read,
fixing the problems? Where is that?
MR. TROLINGER: Well, on the separate issue of the
performance of the phone system itself, I've got a list of
several items that -- the County Attorney added one or two; I
believe it's-- there's a total of 15 items. And we had a
response from Mr. Trainum that said he'd be finished on
Friday, and as of Friday, he is not finished.
COMMISSIONER BALDWIN: This was last Friday, I
think?
MR. TROLINGER: This past Friday.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: Is he making headway?
MR. TROLINGER: Yes.
COMMISSIONER BALDWIN: He's making headway because
we're going to replace something for him.
COMMISSIONER LETZ: Well, that's -- yeah, on the
agenda thing here. But, I mean, is there -- I agree with the
County Attorney's letter. I mean, you know, the system
should work without us doing anything.
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MR. TROLINGER: Well,. let me put it this way. This
agenda item to change to a P.R.I. line, regardless of the
installer that installed the telephone system, we would have
switched to a P.R.I.
COMMISSIONER LETZ: Yeah.
MR. TROLINGER: Because overall, it's a better.
technical solution, and it's the modern way of handling the
phone system.
JUDGE TINLEY: So, what you're saying is this is
not to fix, quote, his problem.
MR. TROLINGER: It -- it is a fix. It will fix one
problem that's on that list. But it is not the objective of
going to the P.R.I. to fix the contractor's problem for .him.
We would have done this -- we were going to go to a P.R.I.
regardless. -The old phone system just wasn't capable of
doing that, and the new is.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: The P.R.I. fixes the fax issue?
MR. TROLINGER: Yes.
COMMISSIONER LETZ: That's the only thing we know
I it fixes.
COMMISSIONER OEHLER: But not all the other issues.
MR. TROLINGER: Correct.
COMMISSIONER LETZ: I'm still -- you know, I don't
want to cause our department heads, employees, offices to
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have problems with faxes,-but I really would like to delay
two weeks until we can look at the broadband and make sure
', that we aren't doing the -- making the wrong decision today.
COMMISSIONER WILLIAMS: I agree with that.
JUDGE TINLEY: It appears that that's where we are.
MR. TROLINGER: Okay.
JUDGE TINLEY: We're going to see you in two weeks?
MR. TROLINGER: Yes, sir.
JUDGE TINLEY: Okay. Appreciate it.
Ms. Dandurand?
MS_ DANDURAND: For the record, Kimberly Dandurand
with Windstream. Thank you for your time this morning. You
pretty much talked out a lot of what I wanted to say.
Regarding your current service, Windstream is the current
provider. I just want to address some T-1 concerns that you
had with your system. I'm told by all of my engineers that
everything is working properly for your T-l. So, I don't
know how familiar the Court is with the T-1 technology, but
it either works or it doesn't. It doesn't have any kind of
in-between level. So, if it's not currently operating with
your system, there might be some -- some programming issues.
But I did want to address that, that currently your T-1 is
Il functional. It is a -- it's a DS-1 signal, D.T.M.F.,
wink-start, all kinds of ,junk that you don't want to know
about. So -- but it is currently operational. Windstream,
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as your current provider, did make a recommendation, both
with Mr. Trainum and previously with Mr. Trolinger, that a
P.R.I. would be a good solution for the -- for the County.
When we installed your T-1 in '96, P.R.I. just wasn't
available. It wasn't a technology that was available to use.
So, that was our recommendation both pre -- pre your new
process, and then post process as you're having some issues,
we did recommend a P.R.I. as well, whether it's with us or
MS. DANDURAND: As far as?
COMMISSIONER OEHLER: As upgrading the -- whatever
this is to the newer stuff.
COMMISSIONER LETZ: Upgrade from the T-1 to the
P.R.I.
MS. DANDURAND: Correct. That -- that is the
recommendation we made as your server, that a P.R.I. would
work correctly. Now, whether it's -- it happens before or
after your programming issues happen, that's really -- you
know, we recommend that the Court do whatever it felt
necessary.
JUDGE TINLEY: Ms. Dandurand, as you -- of course,
your company; Windstream, had an interest in providing the
new equipment, and as part and parcel of the equipment that
would have been provided by your company, would that have
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implemented, as opposed to T-1?
MS. DANDURAND: Again, this system that we proposed
was capable of T-1. We did -- we always recommend the best
technology, the newest, just because, you know, if you do
have a legacy technology, it's -- it's just more difficult to
interact with. I mean, if there's an easier, better way, you
know, you'd rather work with a DVD player than a VCR. You
know, you'd rather work with blue-ray. You know, as
technology emerges, we recommend it. Our solution did have
the capability of working with either, for what it's worth.
JUDGE TINLEY: But would it have been the
recommendation of your company that we go to the P.R.I.?
MS. DANDURAND: Yes,- sir, as far as cost savings,
as well as the benefits of newer technology. The T-1 is a
24-channel division. P.R.I. is 23 channels, 23 B-1's, as
Mr. Trolinger stated. Those are POTS lines, which are a
little more expensive. And then that last channel is for
features, just caller ID's and some neat things that it does
as far as functionals. It's very similar. It's just there's
a few other bells and whistles.
JUDGE TINLEY: Okay. Any more questionsr
COMMISSIONER BALDWIN: So, what are we going to do?
We're going two weeks -- bring it back in two weeks, take
another peek at it?
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JUDGE TINLEY: That's my impression.
COMMISSIONER BALDWIN: Very good.
MS. DANDURAND: Thank you.
JUDGE TINLEY: Thank you, ma'am. Appreciate you
being here. Anything further on that particular agenda item,
gentlemen? Let's move to Item 9; consider, discuss, take
appropriate action to approve purchase of software license
upgrade for Laserfiche using current/past year's capital
funds. Mr. Trolinger?
MR. TROLINGER: Thank you, Judge. Probably not as
much background information was provided as I would have
liked to. I'll explain just a little bit. Laserfiche is our
existing County Clerk's system for document imaging and'
management. That means we can scan paper and then later on,
we can go back and look up that piece of paper and print it
out again if we need to. For example, Commissioners Court
records are all stored within Laserfiche. What this project
does is it expands to Human Resources, the Auditor's office,
and Voter Registration, the same capabilities. It increases
the licenses and upgrades to .the newer version of the
software. My first phase of this project is to throw the
licensing in and get the training done for the departments.
The second phase, probably with next year's funding from the
-- from the funding sources I listed in my backup, to
actually do the scanning of, for example, Human Resources
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records, which right now is estimated at about $26,000.
JUDGE TINLEY: Were these -- were these licenses
and -- and what it would bring included in what was
anticipated in these capital outlay allocations that we made
for previous and -- and this latest one that we just did that
issue on?
MR. TROLINGER: Well, the $10,500 that's in the
budget was initially allocated for Voter Registration -- for
Laserfiche with Voter Registration. And with the Auditor's
interest in the -- in the capability to go paperless, we're
expanding that capability. So, the 2008 capital training
budget has some remaining dollars, and the Auditor's agreed
that 8,307 -- about $8,307 can come from there for the
remainder of the licensing and training.
COMMISSIONER WILLIAMS: And that has the Auditor,
Voter Registration, and Human,Resources, correct? ',
MR. TROLINGER: Yes.
COMMISSIONER WILLIAMS:_ What about Commissioners
Court?
MR. TROLINGER: Commissioners Court's already..
online.
COMMISSIONER WILLIAMS: Okay, thank you.
MR. TROLINGER: Just -- this updates the software
version for the Commissioners Court records.
COMMISSIONER WILLIAMS: Okay, thank you.
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COMMISSIONER LETZ: What -- if we do this, what is
MR. TROLINGER: The next phase is actually not with
the Laserfiche itself, but with the -- the scanning and the
conversion of the old records, and we've got about $46,700
worth of -- worth of that work to do. What I'm looking at
right now, what I'm targeting the funds for that project to
come from is the records management. There's a county-wide
records management, and there's some other -- the County.
Clerk's records management possibly we could use for funding
that.
COMMISSIONER BALDWIN: John, I have two questions.
One, why are you not talking about District Clerk? And --
answer that.
MR. TROLINGER: Okay. The District Clerk has an
existing system called PaperVision, which is similar to
Laserfiche, the difference being that the records are purely
archival. The vendor that provides PaperVision to us does
all the scanning, and just -- we just put the records into
that system, use it for look-up only.
COMMISSIONER BALDWIN: Okay.
MR. TROLINGER: It's not a real busy, active
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COMMISSIONER BALDWIN: No printing?
MR. TROLINGER: Well, they print from it,
system.
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definitely.
COMMISSIONER BALDWIN: And the other question is,
you're -- you're using current and past year's capital
moneys. Past year's capital moneys?
MR. TROLINGER: Yes, sir. The 2008 capital budget
included a training software line item, and that was -- that
has a remaining balance on it.
COMMISSIONER BALDWIN: 2.008 budget money is still
laying around somewhere?
MS. HYDE: Capital.
MS. HARGIS: Yeah, there's still capital money left
in the 2008. For instance, the Ag Barn is still there.
COMMISSIONER BALDWIN: Oh, okay. Okay, I got it.
Capital, got it.
MS. HARGIS: Okay.
COMMISSIONER BALDWIN: How much?
MS. HARGIS: Not a lot. Mostly the Ag Barn.
COMMISSIONER BALDWIN: Seems like maybe we could
buy something nice for the Sheriff.
JUDGE TINLEY: I`m sure he probably thought of
that. _
COMMISSIONER OEHLER: I think his Christmas list
has already been fulfilled.
COMMISSIONER WILLIAMS: I bet.
SHERIFF HIERHOLZER: I can always add to it.
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JUDGE TINLEY: So, we have those funds available,
Ms. Hargis, in those capital accounts within the I.T. --
~ MS. HARGIS: In the I.T. area, yes, sir.
JUDGE TINLEY: Okay. None of these will qualify
for the dedicated records accounts, County, District Clerk,
or combined, but maybe the next -- the scanning portion of it
would qualify and fall under that, and we can use those.
dedicated funds.
COMMISSIONER WILLIAMS: Like the J.P. technology
MS. HARGIS: Only J.P.'s can use that.
MR. TROLINGER: Well, I realize that the big
picture is that for the courts, including the J.P.'s, the
county courts, the district courts, the jail, the criminal
justice system, Odyssey provides integrated scanning
capability. This really fills in where we don't -- it's not
a criminal justice function, to scan the Auditor's records,
for example, the voter registration records. So, that's
where Laserfiche fills in -- fills in the gap that Odyssey
does not handle for criminal justice. So, if you want to
call it Kerr County paper -- the going paperless project, or
another fancy term, that's -- that's basically bottom line on
this project.
COMMISSIONER BALDWIN: That sounds too much like
San Francisco or Austin. or something like that.
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COMMISSIONER WILLIAMS: So, you're asking for
approval for 8,306.65?
MR. TROLINGER: No, sir. The total cost is
$18,806.65. The I.T. budget this year from capital was
$10,500, and the 2008 capital training budget remaining was
$8,365.
COMMISSIONER WILLIAMS: What's the total you're
asking for, 18,000?
MR. TROLINGER: $18,806.65.
COMMISSIONER WILLIAMS: Move approval of the agenda
item.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: For the 18,806.65?
COMMISSIONER WILLIAMS: Yes, sir.
JUDGE TINLEY: Okay. I have a motion and a second
for approval as indicated for that amount. Question or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response..)
JUDGE TINLEY: The motion does carry.
MR. TROLINGER: Thank you.
JUDGE TINLEY: Let's move to Item 16. Ms. Hyde,
that also shows executive session, but my recollection is
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we're talking about policy and we're not talking about
specific individuals, correct?
MS. HYDE: No, sir.
JUDGE TINLEY: Okay. Item 16, consider, discuss,
take appropriate action on personnel issue regarding
prescription plan modifications pertaining to the Kerr County
medical prescription plan. Is this a rerun of what we had
last go around as to that new tier of seven meds?
MS. HYDE: Yes, sir.
JUDGE TINLEY: Okay.
MS. HYDE: Y'all should have this backup already
included. And then the Judge .was able to find -- they're
putting my new computer in along with the new phone system at
the same time, so I don't have a computer o,r a phone that's
working, sort of, kind of.
COMMISSIONER OEHLER: Looks like something I'd
write.
JUDGE TINLEY: Those are some of my relevant notes
there you're looking at.
COMMISSIONER OEHLER: These are your notes?
JUDGE TINLEY: Yeah. Yeah.
COMMISSIONER OEHLER: Makes more sense, then.
COMMISSIONER WILLIAMS: Are we going to get an
interpreter?
JUDGE TINLEY:. I'll be happy to interpret.
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COMMISSIONER WILLIAMS: Okay.
MS. HYDE: If you look at the one that just came
out with the notes, this is your -- this is what we had as of
December, and what the cost of the prescriptions were. As
most of y'all are aware, there are different levels of a
prescription, from a low dose to a high dose to what we call
a mixed cocktail, so that's why it has a low dose and a high
dose. I had Script Care rerun numbers for me, and that's
what this is. .And what they did is they took a composite of
all costs for 2010, and this is what it is. I also have been
talked to about there might be some confusion as to some of
the discussions. I think -- I believe I've always said that
we are looking at therapeutic alternatives to these seven
drugs, but I think that some folks are thinking that that
means generic. We may or may not have a generic for these
seven. Therapeutic alternative is anything that's in
between. Where, you know, this is a Cadillac version of the
drug, and what we're as-king people to look at is anything
from a Kia to a -- well, maybe this is more of a Lexus of the
drugs -- to a Cadillac, and then to a Lexus. And that's what
we're asking.
JUDGE TINLEY: It's not the same chemical compound,
but it is designed to have the same therapeutic result?
MS. HYDE: Yes, sir. And in some cases, with my
favorite -- everyone knows my favorite is the purple pill.
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It might be that we're asking for a therapeutic alternative.
The thing that this one, has is it has a twofold benefit.
One, it can help to heal lesions in the esophagus, and two,
it helps with acid reflux. But for many years before that
pill came out, you just took two prescriptions, one that
helped you heal lesions and one that would stop acid reflux.
And, again, with therapeutic alternatives, that's what we're
talking about. I believe that a couple of the people -- a
couple of y'all on the Court have even gone to your own
doctors and discussed this, so you have a better
understanding of what we're -- what we're trying to do. Did
I answer your questions, Commissioner Baldwin?
COMMISSIONER WILLIAMS: If we -- an employee who
maybe currently has a prescription from their doctor for
Nexium -- that's your favorite, right, the purple pill?
MS. HYDE: Yes, sir, the purple pill's my favorite.
COMMISSIONER WILLIAMS: Is it required then that
they go back to their doctor and have him or her rewrite the
prescription for one of these three? Or is that a change
they can effect with the pharmacist?
MS. HYDE: They can -- they can effect the change.
But because this has drawn out for so long, there's many
folks that have gotten a six-month prescription from their --
from their physician. So, you know, if it would make it more
palatable to take this type of pill, then perhaps we say if
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you have the prescription at this point, you let this
prescription run. That gives us time to make sure that all
the employees understand it one more time. And then, .when
they go back to get a new prescription filled, then they're
told, "You need to go back to your physician and see what
else can you take, and let's do step therapy," which is the
alternative.
COMMISSIONER BALDWIN: And so I went to my
physician and ran this by him, and his only hangup was, you
know, like -- let's see, Lipitor. He prescribes me Lipitor,
and I say to him, "Look, you know, it's too expensive. Is
there a therapeutic alternative that you can prescribe?" He
doesn't necessarily know what that -- what those medications
are that are considered -- that are on our list here. And
neither does your doctor. So --
JUDGE TINLEY: Yeah, he does.
COMMISSIONER BALDWIN: No, he doesn't. And so what
the doctor requests is -- is that we provide this list to him
so he'll know. He'd be happy to do it, but he has to know
what our insurance company pays for. And why are you
frowning? Okay, your doctor knows. Your doctor is smarter
than my doctor. But --
JUDGE TINLEY: Could be.
COMMISSIONER BALDWIN: -- I think this is a good
thing. You know, you simply ask him -- you know, we take --
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he needs to have this list before he knows what to write.
COMMISSIONER LETZ: I would agree with that.
COMMISSIONER BALDWIN: Yeah, sure.
COMMISSIONER LETZ: Makes -- I mean, I don't know
how he gets it.
COMMISSIONER BALDWIN: I take it to him. I take it
I to him.
JUDGE TINLEY: He can get it from the P.D.R.
MS. PIEPER: You can get out your cell phone and
you call Script Care; that's what I did. And then I hand it
to the doctor.
MS. HYDE: And then the third place is that John is
helping update the H.R. web site so that -- that they can
click on the web site and look. We can have a list of
partial drugs. Now, just so that, gentlemen, there is n'o
misunderstanding on this one, there is no way that we can
publish all the drugs; we're talking thousands and thousands.
But we can -- we can definitely put something out there of
drugs that we cover on this alternative tier.
COMMISSIONER WILLIAMS: These are the most
egregious in terms of price?
MS. HYDE: Yes, sir. Yes, sir, until they come off
the patent list.
JUDGE TINLEY: The P.D.R. should also have a
cross-reference table, and --
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MS. HYDE: Right.
JUDGE TINLEY: -- if we got a doctor that doesn't
have a P.D.R., they're operating half informed. I don't know
of a single one. You -- you find one in every pharmacy. You
find one -- Sheriff's got one. Sheriff keeps one all the
time.
SHERIFF HIERHOLZER: Several.
JUDGE TINLEY: And that'll -- that will tell you --
that lists every single drug from every manufacturer, has a
picture of it, tells you what the chemical compounds are,,
tells you what the generic equivalents are, all that sort of
stuff. It's all delineated in there.
MS. HYDE: That's right.
COMMISSIONER BALDWIN: So, the therapeutic
alternatives, our insurance -- are these actual numbers?
MS. HYDE: These are the numbers for January. It's
too soon for me to get the numbers for February.
COMMISSIONER BALDWIN: Let me ask you something.
Is the alternatives -- are these the only three -- all right,
let's stay with the Lipitor. The only three that's
available?
MS. HYDE: No, sir.
COMMISSIONER BALDWIN: There's more?
MS. HYDE: Yes, sir.
COMMISSIONER BALDWIN: But our insurance -- well,
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let me ask my question. Our insurance only covers these
three?
MS. HYDE: No, sir.
COMMISSIONER BALDWIN: Okay. Why did you -- did
you limit this to just three?
MS. HYDE: I didn't limit it. These are the
names -- the high level names of the therapeutic
alternatives. Because, for example, my favorite -- I'm going
to skip back to the purple pill. There are things like
Prevacid. Everyone's heard of Prevacid OTC. It's now OTC;
used to be Prevacid. When the patent came off, guess what?
Now it's over the counter. You've got Prilosec, and you've
got D's and P's and all sorts of stuff. So, there are other
drugs. So, when you look at the purple pill, that's the big
doctor name for the alternative, so when they're going to the
P.D.R. or they're looking, they're looking for this family of
pharmaceuticals. Does that make more sense? No?
COMMISSIONER BALDWIN: Kind of. Are there more?
MS. HYDE: Yes.
COMMISSIONER BALDWIN: That our insurance --
MS. HYDE: That our insurance pays for.
COMMISSIONER BALDWIN: And the amount that we pay
is this amount?
MS. HYDE: Or less.
COMMISSIONER BALDWIN: What about the others that
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are not listed here?
MS. HYDE: Or less. If it's Prilosec OTC or
Prevacid, that's over the counter; there is zero copay, and
it costs us 8 to 15 bucks.
COMMISSIONER BALDWIN: Yeah, okay.
JUDGE TINLEY: We pay for the name brands, but only
if there's been the review process and the physician, in
consultation with the patent, determines that the other
available alternatives, be they generic, therapeutic
equivalents, which we cover all of those too, is determined
not to be appropriate for this patient under those
circumstances, and therefore, we got to have the Lipitor or
we've got to have the Nexium. We cover both. The copay for
the named one there, the next number, the Lipitor, whatever,
is higher. That's the only difference.
COMMISSIONER WILLIAMS: And in that case, Judge, a
patient/employee reviews that with his physician, and he
either agrees or disagrees. What documentation is that
employee required to bring back so as not to get a stop on
his next purchase? Who handles that?
JUDGE TINLEY:- There's some sort --
MS. HYDE: I'm not sure I understand.
JUDGE TINLEY: Well, the -- the process where they
-- where they work through and try the alternatives.
MS. HYDE: Oh, the step therapy? Once they go
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through the step therapy, then this last portion of that;.
would be a letter of medical necessity that's out for all
employees to utilize, and the doctor just signs it and comes
COMMISSIONER WILLIAMS: And brings it back to you?
(Ms. Hyde nodded.)
COMMISSIONER WILLIAMS: Okay.
i COMMISSIONER LETZ: There's probably a good reason
I
that this won't work, but why can't we just raise the copay
MS. HYDE: I was trying not to raise the copays.
I'm trying to do this in a logical, methodical method so that
I don't get two in the head or -- or in the chest for trying
to cut these drugs out. I'm getting frustrated because of
things like this, the coupons. So, in order to cover us, to
~', cover the coupons, now I'm looking at copays for the purple
pill, $115. What about-those people that don't get a coupon?
See, the problem is we can't tell if they have a coupon or
I not.
COMMISSIONER LETZ: Why -- I mean --
MS. HYDE: So, are we going to hurt the employee
that perhaps needs this and has medical necessity, has gone
through the step therapy, and they don't get this little
coupon? I mean, I'm -- no offense, gentlemen. I'm not going
to try to find these coupons to give them to the employees,
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'cause that's going to be counterproductive. But at the same
time, I don't want to harm the employees that actually rseed
COMMISSIONER LETZ: That's what -- where I'm trying
to go. I mean, and I'm probably not a good example, 'cause I
don't take anything -- anything. But -- but, you know, it
seems to me that if I were -- if I was prescribed Lipitor,
I and I thought it was -- I got -- you know, the copay for that
was expensive, I'd go to my doctor and say, "Is there
anything else I can take?" I mean, I don't understand why --
seems like we're making it overly complicated. Why don't we
just raise the copay?
JUDGE TINLEY:- Commissioner, we can do that.
COMMISSIONER OEHLER: We did that last time.
JUDGE TINLEY: We can do that, or we can put it on
a percentage of copay; for example, a 40, 50 percent copay,
and -- and create a tremendous financial incentive for these
folks that are currently taking any of these listed
medications to try and find another option. That's obviously
a simpler solution. It really is, just by -- just by putting
a more onerous copay on those listed drugs.
COMMISSIONER BALDWIN: That would cause me to go
shopping, I can tell you.
JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: Yeah.
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COMMISSIONER LETZ: Now --
JUDGE TINLEY: Here's the problem that we had,
mmissioner. In January, when we created this new
numbers are wrong. My recollection is we had 14 of our
employees that were on these listed medications that suddenly
went to others that were therapeutic equivalent or generic.
When the -- when the vendors came out with those copay
coupons that you could redeem at the pharmacy as against
their medications, we lost half of those the next month..
COMMISSIONER BALDWIN: Yeah.
JUDGE TINLEY: And we end up getting to pay the big
part of the bill. The financial incentive that you create to
benefit your plan is, without any question, the most
effective. And -- and we need to do something to rein in
these costs so that we can continue to provide these benefits
to our employees. But you're right, Commissioner. Going a
I
much higher dollar copay, or just doing a percentage copay --
I think I mentioned last go around that if we went a
50 percent copay on those, see what those drug companies
would do. Would they be willing to eat a big, big chunk of
their own -- their own cost?
COMMISSIONER OEHLER: They'd eat $50, but they
25 ~ JUDGE TINLEY: Yeah. That would be simpler, no
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COMMISSIONER OEHLER: We have to do something. We
prescription drugs, because if we don't, we're going to wind
up taking them off the list, and it's going to hurt some
people that need those.
COMMISSIONER LETZ: I agree with that. My -- I'm
having a little bit of a problem of why -- I mean, we put
that -- our health insurance out there; we bid on that.' We
made our decisions and all that. Why don't we do this --
seems to me that we should do this next fall, rather than
keep changing and tinkering with it during the season.
COMMISSIONER OEHLER: That's what Rusty said.
COMMISSIONER LETZ: Or during the year.
COMMISSIONER OEHLER: But the problem is, you know,
we tried to raise the copay to where the people would be
discouraged from getting those higher dollar --
COMMISSIONER LETZ: Then the coupons came out.
COMMISSIONER OEHLER: Then the doggone doctors
started giving coupons where it cost them the same to get
that as the generic or the therapeutic equivalent, whatever
you want to call it.
JUDGE TINLEY: In the Sunday edition of the Express
MS. HYDE: That's right.
News, --
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]. 0 3
JUDGE TINLEY: -- there's probably a half-page ad.
Lipitor has a big -- big picture of a vendor's card there.
MS. HYDE: And the coupon.
JUDGE TINLEY: You know, this is available from
your doctor, Lipitor. They're spending the. bucks on it,
because they're making the bucks on it. But, unfortunately,
we're paying it. And we have the right to alter and amend
'~ our plan as we see fit.
COMMISSIONER LETZ: I know we have the right to.
I'm just saying -- legal issue. It's a -- ',
MS. PIEPER: I don't think a lot of the employees
realize that when you get that coupon and you go to the
pharmacist, and your pharmacist says, "Oh, here's your
prescription, and it's going to cost you $5." But what they
don't realize is, then, because you have that card, then. that
company's going to and try to collect back on our insurance.
COMMISSIONER WILLIAMS: They don't care.
COMMISSIONER OEHLER: And they do.
COMMISSIONER WILLIAMS: They don't care.
COMMISSIONER LETZ: Well, they may care, but I
don't know that they know.
COMMISSIONER OEHLER: I believe they care more
about profits than they do about -- if they didn't, why would
they give coupons?
COMMISSIONER WILLIAMS: Well, the drug companies,
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1.,04
yeah. I'm just talking about the pharmacist. He's going to
accept the coupon, and he says, "Your cost is now 5 bucks."
Right? And the rest of it's going to go through, zip, right
to our account.
COMMISSIONER OEHLER: The county insurance.
MS. PIEPER: Well, but the employee thinks that
I
this company that you got your card from, the employee thinks
that company is eating that, the rest of that cost.
COMMISSIONER LETZ: Right.
MS. PIEPER: But then, when I brought it to Eva's
attention, she said, "Oh, no, that's not what happened."
~ They come back on our insurance.
JUDGE TINLEY: They're just absorbing that part of
the copay that makes it more onerous on the employee.
MS. HYDE: Employer.
JUDGE TINLEY: The big chunk of the dough is what
we end up with.
MS. PIEPER: Exactly.
JUDGE TINLEY: The drug company makes their money.
COMMISSIONER WILLIAMS: And it's a one-time fix,
'cause they're not going to get that coupon again, more than
22 likely.
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MS. PIEPER: Well, I think the coupon that I got
was good for a year.
MS. HYDE: It's good for a year. It's good for 12
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1.05
months, the whole 12 months.
JUDGE TINLEY: Dr. Hierholzer has a comment.
(Laughter.)
MS. HYDE: I was going -- I had something I was
asked to go on hold, so just one second, Sheriff. I'm going
to request that -- I know that the easy thing is just to
raise stuff or cut it out, but I think that we're trying to
educate people, and I think that -- I would appreciate it if
y'all would give me 60 more days and let me try one more, time
to get this word out and get -- get more information out'. to
the employees and see if we can bring it down.
COMMISSIONER LETZ: Okay.
COMMISSIONER OEHLER: I agree with that.
COMMISSIONER LETZ: That's fine.
MS. HYDE: And then --
JUDGE TINLEY: You're asking us to hold on this
item for now?
MS. HYDE: And then, at the end of 60 days, if I --
I mean, I will try, and I'm going to request that I have a
partner to help me.
SHERIFF HIERHOLZER: Trying to sucker me into this.
First, I may very well agree to help you with that, since I
have the majority of the employees working at my office. I
have no problem doing that. The one question I have on this,
how many of these drugs are coming off the protected or
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106
whatever they call --
MS. HYDE: We've only got two that are getting
close. The problem is -- well, Lipitor is one. Who was it
that was telling me Lipitor? They had also heard that
Lipitor is -- they're going to have a generic -- a generic
version of Lipitor; it's coming off. We also know that the
purple pill, they're already marketing for the upgrade to the
purple pill, so when it comes off, a new one's there.
SHERIFF HIERHOLZER: Okay. Which the question I
have, then, with that -- and I think Eva's going the right
way. I think we all need to educate our employees and pretty
well insist that they visit with their doctors about giving
the therapeutic alternative or a generic. Because if you
just start limiting these seven pills, next year it's going
to be different ones.
MS. HYDE: You're darned tooting.
SHERIFF HIERHOLZER: And then some of these are
going to go off, and you're going to get into a constant
battle of changing pills. When I think, just as a general
county policy or something, if it can be done with the health
care insurance, that we just request -- or insist on
educating the doctors, that they try and use the generic any
time we can possibly use it, or the therapeutic alternative.
MS. HYDE: That's what --
SHERIFF HIERHOLZER: Instead of changing our plan
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MS. HYDE: Here's what I already talked with a
couple of Court members about. It's difficult to get them
all, but just F.Y.I., this year I'm going to request that our
contract states, "You will take generic." I'm going to
request that. Generic is a must, and then we'll go from.
there. So, I'm sure there's going to be a lot of discussion
when we get to that point later in the year, but I'm going to
request that it is generic. And there's -- there is
precedent upon precedent upon precedent for that.
SHERIFF HIERHOLZER: Yeah. If it's available, that
there should --
MS. HYDE: And if it isn't available, then guess
', what? We take the next cheapest brand, and then we take the
next cheapest brand. But that's for later discussion.
JUDGE TINLEY: Ms. Hyde, what you're asking, if I
understood you correctly, was for us to defer action on this
prescription drug issue that we've been wrassling with for
another 60 days?
MS. HYDE: Yes, sir.
JUDGE TINLEY: To give you the opportunity to try
and engage in an educational effort with the employees, with
the assistance of the Sheriff, who I'm sure will cooperate to
I the fullest extent.
MS. HYDE: And the County Clerk.
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JUDGE TINLEY: And the County Clerk.
COMMISSIONER OEHLER: He volunteered; I heard him.
SHERIFF HIERHOLZER: Wait, wait.
MS. HYDE: That's what he said.
SHERIFF HIERHOLZER: And what I said is, because I
had the most -- I think every department head or elected.
official should do it with their employees.
MS. HYDE: But if we start with your group and!, we
can get them to understand, then we have something we ca,n go
to the other ones with.
SHERIFF HIERHOLZER: That's fine, but I'm not -- I
shouldn't have to go to Jannett's employees. She needs to go
to her own employees.
MS. HYDE: Oh, no, no, no.
SHERIFF HIERHOLZER: I'll go to mine and get those
educated. I have no problem.
JUDGE TINLEY: Okay, thank you.
MS. HYDE: Thank you, sir.
JUDGE TINLEY: That brings us to our timed item for
11:30. Item 18, consider, discuss, take appropriate action
regarding redistricting/precinct issues in Precinct 4.
Mr. Price?
MR. PRICE: Yes, sir.
JUDGE TINLEY: Come forward and give us your name
and address and tell us your thoughts on this matter.
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MR. PRICE: I'm James Price. I live at 210
Coultress Road, Upper Turtle Creek area, which is now I find
in Precinct 4. In December, I had a voter's registration
card that allowed me to vote in Precinct 1. But the reason I
bring this up is I've looked at Precinct 4, and it stretches
from the north of the county to the south of the county, and
all of those that are from about halfway in the precinct
south can't get to the voting place without driving at least
25 to 35 miles one way,~because there's no road. I've talked
to a few of them. I haven't really got -- had time to go,
you know, really canvass, but the ones I've talked to, aver
half of them say they're not going to vote if they have to
drive that far. Especially with today's economy and the
price of gas, it costs me $10 for me to come take -- once I
leave my house to go vote and come back home. Of course, if
I'm working in town, I have to come get my wife and do it;
now it's $15 to $18.
There's two things that I -- I never throw a
problem up that I don't throw up a possible solution.
There's two of them. T.here's one that doesn't cost a whole
lot of money, and there's one that would. The one that would
is to put just half a mile of road in here that we need
between the road on this side of the river and Ingram, out to
Upper Turtle Creek, and connect them. I had put that out
about 20 years ago; no one wanted to bite, even though I
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could get someone at that time to donate the land. They
Now, the other one is -- could be simple. We could setup
another voting place within, and in conjunction with, one of
the other polling places out in that part of the county. It
wouldn't take but maybe one other extra person. Just have a
separate roll and a separate ballot box, and then people
wouldn't have to drive so far. Like I said, I'm not -- I'm
not trying to create problems, but luckily, this particular
election, when I ran into this, well, there wasn't any deal
significant issues that were, you know, on the ballot box.
But we're coming into, you know, a large election this year.
And one of your -- one of your races was within 200 people.
We've got -- in this southern part of this particular
precinct, we've got over 1,000 people, I know, something like
that.
COMMISSIONER LETZ: Question, just to make sure I
heard you right. You said your voter's card changed? This
new card you ,got had a different precinct on it?
MR. PRICE: Yes, sir. In December it says Precinct
1, and the one I got in January says Precinct 4.
COMMISSIONER LETZ: What caused that change?
MS. BOLIN: The cause is, we went on the with
State. Now we have to set up our road districts -- I'm
sorry, each individual road with a precinct, and the way that
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111
this area is set out, we had manually gone in and corrected
everybody, and I say "corrected" loosely. We moved everybody
for that area into 107 so that they could vote at their local
polling place. But the way that the census boundaries are
drawn, this little area that he's talking about comes up like
this, and everybody on the left-hand side is in 4, but we
actually went in and put them in 1 so they'd be close to
their polling place, instead of having to go all the way
around to Ingram. And when the new cards came out, the ,state
system was set up the way that it's supposed to be, and 'they
got put back in 4.
MR. PRICE: I know y'all can't see this, but I'd
drawn a line across 4, and everything south of there has to
go all the way out to 16, all the way through Kerrville and
then all the-way out 27 to Ingram to vote.
MS. BOLIN: And this is an issue we have every time
when -- that we do anything. I've done it -- this will be my
fourth time to re-precinct. And with this particular area,
because of the census block,, that's what causes the pro}:>lems
that we have, because when we re-precinct, they go by census
block.
MR. PRICE: That's one of the problems. The other
problem is, the people that do this, that set up these, do
not know, because in this part of the county, you can't find
but maybe 5 percent of the roads on any map where people
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COMMISSIONER OEHLER: We'll, we're .going to
redistrict, and I think this time we're going to have a
better opportunity to fix those kind of things than we've
ever had.
addressed. The economic conditions that we're set in, most
of the people that live out there are retired, on Social
voted in 50 years.
COMMISSIONER OEHLER: Well, I think it's -- like I
say, we're going to have an opportunity to fix it. It seems
it's been a problem that was -- you know, I wasn't here the
last time that there was redistricting done, but we have the
same existing problem in the Mountain Home area where some
people have to drive to Hunt to vote.
MR. PRICE: That's correct.
COMMISSIONER OEHLER: And it's just because of
those blocks that the government established years ago that
make no sense.
MR. PRICE: Well, like I said, being a layman, even
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me would be to just set up, like, two voting places for a
district that covers from the south to the north, one ire the
north and one in the south, and combine it with, say, 107.
Put another person in there, another -- another box. Or --
if you need another box. Another register.
COMMISSIONER LETZ: Just for your information,. I
mean, it doesn't change that totally, but you can't put 107
and 407 in the same -- you have to vote in your precinct, so
one has to vote in the one --
MR. PRICE: Then put it in -- put them at the'
old --
COMMISSIONER LETZ: You have --
MR. PRICE: In Turtle Creek, put them there at the
old school building. We did it there for years, 20 years.
COMMISSIONER LETZ: You can add another one. It
can be done.
MR. PRICE: That's just a cheap, simple solution.
COMMISSIONER OEHLER: If he can get the free
right-of-way to go for that half a mile, I'll tell you what,
we'd be ready to do that.
MR. PRICE: Well, I had that pretty much set up
20-some years ago.
COMMISSIONER OEHLER: I sure wish you could set it
up today. That would solve a lot of problems.
MR. PRICE: All I have to do is find out who the
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owners are. I could probably convince -- if y'all give me
some routes, I can go find out who the owners are. I mean, I
-- I'm a pretty good salesman.
COMMISSIONER LETZ: Your problem is -- I think each
precinct probably has something -- maybe not quite as bad.
Well, actually, I have one just as bad as yours, and it"s a
hard problem. But it's -- you know, we just need to try to
do the best we can when we do the precinct boundaries, and
where we can maybe put an additional polling place.
MR. PRICE: Like I said, I just -- I never bring up
a problem that I don't put some kind of a solution out, 'and I
just want to bring it to your attention.
JUDGE TINLEY: Thank you, Mr. Price.
MR. PRICE: I thank you for your time.
COMMISSIONER WILLIAMS: Thank you. You had -- the
gentleman here, if you'll come forward, give us your name and
address, and tell us your thoughts on this.
MR. BEENE: I'm Jim Beene. I live at 177
Coultress; I'm right across the road from Mr. Price. Arid
I've been here seven years since I retired. I've never had a
voting problem till December. And we're exactly in the
opposite deal. He went from 4 to 1, and they put me from 1
to 4. And, like I said, we live across the road, so we came
to vote in December. You know,-we're in Number 4 all of a
sudden, but our cards say 107. But they couldn't find it,
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down here to the courthouse till they finally got this
resolved. And we've always voted. But that day, after an
hour and a half, we were about ready to say, you know, y'all
have got it. But I don't -- you know, they did promise the
card would be corrected, and would be back in 107, which it
was. We did get a card for January. But I don't know if
we're -- all of a sudden, we're going to have a problem ',each
time we go to vote now or not. And I don't have a solution
for shortening the distance, 'cause, you know, being in'1,
like we should be, you know, we, you know, could have been
for Precinct 1. But -- but I could understand Mr. Prig 's
problem, if he's across the road and, you know, goes to'4, I
grant you, that is a long drive away. That's not just so
much miles across.
JUDGE TINLEY: Well, we've had some of these issues
where the middle of a road is a dividing line between two
different precincts, and sometimes it's confusing.
MR. BEENE: That seems to be ours right now.
COMMISSIONER OEHLER: We're going to cure that with
Bear Creek on the redistricting, I think. Buster's going to
have it.
MR. BEENE: Buster will have the solution? Thank
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COMMISSIONER OEHLER: Thank you.
JUDGE TINLEY: If it's not solved next go around,
it's because~Buster didn't fix it.
MR. BEENE: No problem.
MR. PRICE: I'll sic my wife on Buster. She grew
up with him.
JUDGE TINLEY: Good plan.
COMMISSIONER BALDWIN: Yo no savvy.
COMMISSIONER OEHLER: Yeah, right.
JUDGE TINLEY: Okay. Let's move to Item 17, which
is to consider, discuss, take appropriate action to select
consultant for 2010 census redistricting-and authorize County
Judge to sign contract for the same. As all of you recall,
we've had presentations from at least three separate
providers dealing with our redistricting issues that we have
every 10 years. It occurs to me that we need to do something
reasonably quick. You know, we can do it now or defer again.
COMMISSIONER BALDWIN: I'm ready to rock and roll.
JUDGE TINLEY: Okay.
COMMISSIONER WILLIAMS: One of these people say
that the preliminary work should have been done by January,
right? So we're running a little bit behind the curve,
maybe.
COMMISSIONER OEHLER: We have one that's already
done it from last time.
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You
-- they're ready to go, pull the trigger.
COMMISSIONER WILLIAMS: That being the case, then,
how much will that reduce their fee that they quote?
COMMISSIONER BALDWIN: Well, I asked him in private
that, I don't know that we got it on the record. I don't
even know how he answered my question, but there was -- there
was something -- they would do something. And, as I recall,
they were -- I've been through a couple of these things.
They were very honorable and very easy to work with, very
professional.
COMMISSIONER WILLIAMS: I agree.
COMMISSIONER BALDWIN: I enjoyed working with them,
COMMISSIONER WILLIAMS: Yeah, I agree. They did it
for us 10 years ago.
COMMISSIONER BALDWIN: That's right.
COMMISSIONER WILLIAMS: And did a good job.
COMMISSIONER OEHLER: The presentation they made
sure seemed like that would be a lot easier to work with. We
can correct some of these inequities that we've had problems
in past times when redistricting happened. We can sit down
and we can help draw those lines in our voting precincts.
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COMMISSIONER WILLIAMS: We can do that, 'cause
COMMISSIONER OEHLER: That's the biggest complaint
that I've gotten through any redistricting, is people say,
you know, "How dumb are you, anyway? You can't even see that
there's no road through there." That's really not our fault,
but we have -- I think we're going to be able to correct some
of that from what presentation they made to us.
COMMISSIONER BALDWIN: Mm-hmm. Well, just -- you
~i know, it depends on several things. You know, it depends on
numbers, you know, minorities and that kind of thing. And
this particular issue of turtle -- Upper Turtle Creek,
Ingram, I mean, the school district's the same -- same way.
COMMISSIONER OEHLER: Been an issue for years.
COMMISSIONER BALDWIN: But as you can see, people
are scrambling and fighting each other just to get into my
precinct. (Laughter.)
MR. PRICE: Not because of you.
SHERIFF HIERHOLZER: They actually thought it was
COMMISSIONER BALDWIN: No they didn't.
MS. BOLIN: One thing that I would request. During
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the last redistricting, Jannett and I made a couple of trips
to Austin, because they worked so well with us. If you go
with someone besides Bickerstaff, I would request strongly,
please let them consult with us so that we can be on top of
this and try to get these issues straightened out, 'cause I
am fully aware of the issues. And I know one of the ones
that I heard, I've tried to work with the last time, and put
in over 1,000 comp hours trying to work with them, and they
didn't like anything that .we put out.
COMMISSIONER LETZ: I'll make a motion that we
LLP, for redistricting in 2011.-
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Authorize me to sign the contract
agreement, assuming it's approved by the County Attorney?
COMMISSIONER LETZ: Yes, sir.
COMMISSIONER BALDWIN: I second that .motion.
JUDGE TINLEY: Motion made and seconded as
indicated. 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:
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COMMISSIONER LETZ: Move we pay the bills.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to pay the
bills. Question or discussion? Under nondepartmental on
Page 1, that's obviously a tax bill, a Harper ISD. Should we
be paying tax at all as a governmental entity?
MR. BOLLIER: Not property taxes, no.
JUDGE TINLEY: If I'm not mistaken, that's on '.the
Tatsch school house property. I believe I had a discussion
with Commissioner Oehler -- didn't we discuss that at one
point in time? That was a little acreage tract.
COMMISSIONER OEHLER: Talking about on Lower
Reservation?
JUDGE TINLEY: I believe that's where it is, yeah.
COMMISSIONER OEHLER: It's the old teachers'
quarters for Reservation School.
JUDGE TINLEY: Okay.
MS.- HARGIS: We have paid it.
JUDGE TINLEY: It's on Tatsch Road.
COMMISSIONER OEHLER: Used to be Tatsch Road before
we had an out-of-county commissioner for a while. It has
been changed to Lower Reservation.
JUDGE TINLEY: So, I'd ask that that one be pulled.
MS. HARGIS: We actually have paid that in the
past. We did research that. We actually called about that
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121
as well. You know, that one is -- is a tough one. You know,
we actually called Fredericksburg. We have paid that in the
past. We looked it up, and -- because my gut feeling was
that, you know, when I first saw the bill, we don't pay it,
but we have paid it. So I need, maybe, somebody's help with
knowing exactly what that property is, to talk to the
Appraisal District -- I mean to the taxing authority in
Fredericksburg.
COMMISSIONER BALDWIN: Is that who Ms. Weinheimer
JUDGE TINLEY: Harper ISD Tax Assessor.
COMMISSIONER BALDWIN: Well, I'm with the Judge. I
can't -- I mean, we don't pay taxes as a government entity.
MS. HARGIS: Well, that's my first inclination.
COMMISSIONER OEHLER: Let's don't do it.
COMMISSIONER BALDWIN: Just don't pay it. I mean,
a whopping $11, but it's $11.
COMMISSIONER OEHLER: We shouldn't be paying it.
COMMISSIONER WILLIAMS: Should not have been.
COMMISSIONER BALDWIN: I'm with the Judge. I think
you ought to pull it. Don't worry about it.
JUDGE TINLEY: Any other. questions on the bills?
COMMISSIONER BALDWIN: You know, actually, I do,
sir. On page -- hold on just a minute, let me review this.
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Oh, I know what my question is. On Page 6, about halfway
down, the Health and Emergency Services, on Child Service
Board, that's birthday gifts. But, like, Lamb, Darren and
Marcia, there's -- there's multiple names. What is that
about? I can see that we would send a birthday gift of $25
to a person named Lamb.
MS. HARGIS: Sometimes we have to write the checks
in the name of whoever their custodian is, not just them, so
it may be their parents. We don't -- we write the checks
according to~what they send us from the -- from that service.
I'll check that one out. I haven't got a good answer.
JUDGE TINLEY: If there are two children, they each
ought to get a check. They should haven't to split that.
little old meager check.
COMMISSIONER BALDWIN: I agree.
MS. MABRY: I believe that's foster parents in that
case.
MS. HARGIS: Yes, sometimes the checks are made to
the foster parents.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: Lamb, Darren and Marcia,
that's the foster parents?
MS. HARGIS: Foster parents.
JUDGE TINLEY: Okay.
MS. HARGIS: The same as with the Garcias; it's the
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same.
COMMISSIONER BALDWIN: So we don't write the check
to Mr. and Mrs. Bob Jones; we write it to Lamb, Darren and
Marcia?
MS. HARGIS: That's what --
COMMISSIONER BALDWIN: That's the part I'm not
understanding, is the --
COMMISSIONER LETZ: Darren and Marcia Lamb.
COMMISSIONER BALDWIN: Darren and Marcia Lamb?
JUDGE TINLEY: Are the foster parents.
COMMISSIONER BALDWIN: Bless their hearts. I have
always appreciated them. Okay, I'm there. That's fine.
COMMISSIONER LETZ: Foster child is R.C.
COMMISSIONER BALDWIN: You know, it's -- the
difficult part here is admitting that a guy from Comfort. is
right. That's the hard part. (Laughter.) That's the hard
part. The blockhead and the whole deal, you know.
JUDGE TINLEY: Any other question 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: Motion carries. Budget -- well
we've also got the direct payables, too, right?
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MS. HARGIS: Right.
COMMISSIONER LETZ: We need a separate motion for
the direct payables?
MS. HARGIS: I don't think we really need a second
motion for the direct payables, Judge, unless you want it
that way. It's just part of the bills.
COMMISSIONER LETZ: Part of the bills.
JUDGE TINLEY: They're just classified differently.
Budget amendments?
MS. HARGIS: We do have a few.
JUDGE TINLEY: We have three budget amendment'
requests. Did we not create a line item for Mountain Home
Volunteer Fire Department?
MS. HARGIS: Yes, sir.. This one -- remember, they
didn't request their last year's amount in time, so we had
to --
COMMISSIONER OEHLER: So she took it out of -- paid
it out of this year's, then had to transfer money to cover.
JUDGE TINLEY: Okay. Okay, I'm good. Do I hear a
motion to approve the budget amendment --
COMMISSIONER WILLIAMS: So moved.
JUDGE TINLEY: -- requests as summarized?
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Question or discussion? All in favor of the
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motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does pass. Late bills?
None?
MS. HARGIS: None.
JUDGE TINLEY: Reports. I've been presented with
monthly reports from Justice of the Peace, Precinct 2;
Constable, Precinct l; Justice of the Peace, Precinct 3;
County Clerk; Kerr County Payroll, February 2010;
Environmental Health; and Justice of the Peace, Precinct 1.
Do I hear a motion that those reports be approved as
presented?
COMMISSIONER BALDWIN: So moved.
COMMISSIONER OEHLER: Second.
JUDGE TINLEY: Motion made and seconded that these
listed reports be approved 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. Okay. We
will move to reports from Commissioners in connection with
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1 their liaison or committee assignments. Commissioner Oehler?
2 ~ COMMISSIONER OEHLER: Just been working with Animal
3 Control on the coyote policy, doing some of that sort of
4 stuff. And I guess that's really about all. There are other
5 things, but not worth mentioning. So --
6 JUDGE TINLEY: Okay. Commissioner Baldwin?
7 COMMISSIONER BALDWIN: No, sir. Thank you.
8 JUDGE TINLEY: Commissioner Williams?
9 COMMISSIONER WILLIAMS: Yes, sir. Got one here,
10 Judge. At the end of the monthly AACOG meeting -- board
11 meeting the other day last week, the Alamo Regional Rura
12 Planning Organization, affectionately known as,ARRPO, not to
13 be confused with dog food -- (Laughter) -- met to discuss
14 TexDOT's inability to find money to do road projects. And
15 the district engineer was there, and we spent a good bit of
16 time listening to the trials and travails of AACOG -- of
17 TexDOT. And the purpose of his presentation was to tell us
18 to lower our expectations with respect to regional rural
19 planning, which is supposed to tie into the urban planning
20 for road transportation issues. So, while they have no money
21 essentially for really, really new projects, big projects,
22 unless the County wants to fund those up front and expect the
23 payback from TexDOT over a period of time, based on the
24 traffic count of a particular road --
25 COMMISSIONER BALDWIN: I think I'm out on this one,
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COMMISSIONER WILLIAMS: Do you think you could live
long enough to collect it back? I don't think so. There
seems not to be a likelihood. There are -- there is money,
however, for various and sundry enhancements, safety issues,
and as the Commissioner and I both know, what they call 'the
Main Street Project, actually -- or they'd already identified
all of your bridges, Hoot Owl and Camp Y.M.C.A., blab, blab,
blab.
COMMISSIONER OEHLER: Yeah, all those.
COMMISSIONER WILLIAMS: And the one I have even at
Center Point underneath the dam, which is becoming somewhat
of a community issue at the moment. So, we'll have some
meetings like you had out in west Kerr.
COMMISSIONER OEHLER: Good luck.
COMMISSIONER WILLIAMS: All of which is to say, I'm
going to leave this big book here for you to digest and think
about, and if you have projects, seriously, that fall within
the framework of what TexDOT will -- will identify and fund
out of these various smaller pots, I'd like for you to let me
know what they are, because we're going to reconvene this
ARRPO meeting again at 2 o'clock on the 31st. So, that gives
time for everybody to think about it. I will put that --
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128
this item on the Court's agenda for the 22nd so that we can
talk about it, and if you have items that you want to have
considered in your precinct, in Kerr County, please let me
know and we'll take them up. Thank you.
COMMISSIONER OEHLER: Look to get a farm-to market
JUDGE TINLEY: Commissioner Letz?
COMMISSIONER LETZ: I didn't hear.
COMMISSIONER OEHLER: Farm-to-market road money;
maybe they can stick a couple of roads through.
COMMISSIONER LETZ: Couple things. Well, like
connecting one that goes into Ingram?
COMMISSIONER OEHLER: Yeah.
COMMISSIONER WILLIAMS: Why not?
COMMISSIONER LETZ: I will be in Austin this week
on subdivisions. They just sent me an e-mail talking about
working through lunch, to bring a sack lunch with me. I
thought you'd be interested in that. One thing -- this will
be on the agenda. I just wanted to let everyone know about
it a little bit. There is a property out in Hill Country
Ranch Estates that's for sale; it's kind of an odd-shaped
lot, lot of odd terrain on it, and there's -- they need a
waiver for the well setback off the front of the property. I
think it's more of a Headwaters issue, to me, but anyway,
they want us to concur with it. I said I don't have any
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129
problem with it. I wouldn't imagine we would, but it will be
on the next agenda to take action. They want me to give them
some -- some heads up or down ahead of time. And there's a
50-foot setback right off the county right-of-way. They need
to move it to 40 feet so they can get the drilling rig aut to
JUDGE TINLEY: Is that it?
COMMISSIONER LETZ: That's it.
JUDGE TINLEY: As all of you are aware, we've got
the Sheriff's Office annex/Adult Probation building undelr
way. Mr. Odom and his fine people are doing the site work
out there. I have started to receive some expression of
interest from potential users or occupants of the unfinished
portion of that building, approximately 3,200 gross square
feet with a separate entrance on the east side of the
building. I don't know what the total interest is going to
be, but what I would be interested in receiving and having
some discussion about is who we might be wanting to have as
users of that particular space looking down the road. I
don't know that there's any absolute requirement we must do
it now. If -- if, however, we want to go ahead and -- and
finish it out, there's still time to do that by getting the
appropriate planning documentation done, and -- and working
with the contractor. Mainly, I'm just interested in who all
of you on the Court might think might be appropriate for
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users of that space down the road at any time, whether it be
presently or a year or three or five years out.
COMMISSIONER BALDWIN: How much -- how much square
footage is still sitting there?
JUDGE TINLEY: We got 3,200 square feet, and i.t is
designed in a manner that it would not necessarily have to be
all used by one particular user. It could be -- it could be
split out with common restrooms. We've -- we've got -- we're
going to have a plumbing rough-in there, a trough in the
middle of it so that there can be restrooms placed in there.
So, it could conceivably be two different users, or maybe
more than two, even, as far as that goes, if it's planned
correctly with -- with common restroom facilities. So, we've
got our options open, and I just .need to know what -- if any
of you have any thinking about who may have an interest in
it, we need to be made aware of it. Just something to b',e
looking forwa-rd on.
COMMISSIONER BALDWIN: I just think that we need to
have some room out there to process those axis deer.
SHERIFF HIERHOLZER: Keep your hands off, Buster.
COMMISSIONER BALDWIN: The --
SHERIFF HIERHOLZER: The neighbors set up a trap
net; they're going to try and get rid of all our axis.
MS. WHITT: I was fixing say that I got a call on
that the other day.
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SHERIFF HIERHOLZER: I hope so.
MR. MOORE: How much are you going to get per
pound, Rusty?
JUDGE TINLEY: Seems like I did see a net over
there at the southwest portion of --
SHERIFF HIERHOLZER: Whelan's.
JUDGE TINLEY: That's on the Whelan property?
MS. WHITT: Yes.
SHERIFF HIERHOLZER: Unfortunately.
COMMISSIONER OEHLER: Probably trying to put some
on the ranch.
COMMISSIONER LETZ: Figured it's cheaper than
buying it.
SHERIFF HIERHOLZER: It's been up about two, three
months now. Unfortunate, 'cause it is nice to see the axis
out there.
JUDGE TINLEY: And your guys are baiting them off
out on the north end?
SHERIFF HIERHOLZER: We're thinking about putting
up a fence to keep them from going over to the net. But, way
it goes.
JUDGE TINLEY: Okay.
COMMISSIONER OEHLER: They can't catch them all in
one drop, I promise you.
JUDGE TINLEY: Do we have any reports from County
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Clerk? Tax Assessor?
MS. BOLIN: Just a quick update. We are a percent
and a half above collections from this time last year,
despite the economy.
JUDGE TINLEY: Okay. H.R.?
MS. HYDE: One thing. AirLIFE and Air Evac, that
was such a wonderful experience for me this year, and I
appreciate you gentlemen allowing me that opportunity.
COMMISSIONER OEHLER: You're welcome.
COMMISSIONER WILLIAMS: Any time.
MS. HYDE: We are all -- everyone that has -- let
me rephrase that, 'cause I'll get caught later. Everyone
that has gone through the payroll process, it is retro to
March 1 for both AirLIFE and Air Evac. They are supposed to
be sending out all your little goodies for your car and .your
key chains and the house, and -- and you should be receiving
those in the~next two weeks. If other people want to join at
a later time, they can. We can prorate it for the end of the
year on their cost. But it has to come through H.R. We're
not going to -- we're not going to validate anything online.
JUDGE TINLEY: Okay, thank you.
COMMISSIONER OEHLER: So, you have -- you have
authorized payment for both those people now? They've. both
been paid for the ones that signed up?
(Ms. Hyde nodded.)
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COMMISSIONER WILLIAMS: What type of response did
MS. HYDE: AirLIFE had-183 folks that signed up.
JUDGE TINLEY: Significant difference in the --
MS .- HYDE: Significant difference.
JUDGE TINLEY: -- in the amount.
MS. HYDE: I think the significant difference.-- I
mean, you gentlemen understand, $10 --
JUDGE TINLEY: No-brainer.
MS. HYDE: -- or $60.
JUDGE TINLEY: Auditor? Animal Control? I.T.?
MR. TROLINGER: Briefly, sir. The task force on
Tinley, the District, County Court at Law Judges have all
signed off on this. It looks like -- like we're going to
proceed with a video teleconferencing project that's going to
be regional, the Hill Country Regional Court Video
Teleconferencing Project, exactly. Ms. Rosa Lavender helped
out quite a lot with getting this thing put in, and that's
actually her title. And probably the next one or two court
sessions, I'll come forward with the -- with the actual plan
on what we're going to do, but I just wanted to let you know
we're going to proceed with that, and it looks like it's
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going to be about $150,000 to do all that, which the grant
will match 50 percent. Thanks.
COMMISSIONER BALDWIN: Let me ask a question.
Define "regional" for-me.
MR. TROLINGER: The -- the counties, Mason, Menard,
McCullough, Kimble --
COMMISSIONER LETZ: 198th.
COMMISSIONER OEHLER: 198th.
JUDGE TINLEY: And 216th.
COMMISSIONER OEHLER: And 216th.
MR. TROLINGER: Looks like Gillespie and Bandera.
We're not 100 percent sure on Kendall, but I hope that we'll
be able -- if they're still in there with us, we'll get them
to participate.
COMMISSIONER BALDWIN: And this grant pays for
what?
MR. TROLINGER: The key piece of the video
teleconferencing is called a bridge. It's the piece that
lets us connect multiple sites together, and we do that here
at the -- at the courthouse. We'd connect, say, the -- this
courtroom with -- with Mason's courtroom so that they could
hold hearings. That's the expensive piece. And then the
less expensive piece is at each courtroom at the far end. At
Mason's courtroom, we'd provide them an all-in-one unit that
is actually the video teleconference unit that they would
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use.
COMMISSIONER BALDWIN: And then what about the
expenses after you get that established with the grant? Is
there an ongoing expense?
MR. TROLINGER: There is not. Once we install a
bridge, the -- we can host all that; we don't have to pay
another provider to -- to service that. We can do it
ourselves.
JUDGE TINLEY: There's not a broadband fee?
MR. TROLINGER: Well, it's the existing broadband
connections, I hope, that we can-use at each -- at each.
courthouse. Certainly, here.
COMMISSIONER BALDWIN: Will the taxpayers of Kerr
County be paying for anything in Menard County?
MR. TROLINGER: Not after year one. After -- this
grant is a single-year discretionary grant.
COMMISSIONER BALDWIN: Yeah. I'm really not
counting on the grant; that's kind of a separate issue to me.
But --
MR. TROLINGER: That's just the initial equipment,
not any recurring charges, no, sir.
SHERIFF HIERHOLZER: Unless you do the signature --
the online signing part of it. There would be a cost to
that.
MR. TROLINGER: That's a good point. There's
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another piece that the Sheriff's arranged that goes with the
large courtroom project that integrates the courtrooms.
There's a notary -- I can't remember the exact term.
SHERIFF HIERHOLZER: It's where one person on one
end can actually sign, and it's automatically electronically
transmitted, even notarized, to the other end. So, if you're
doing that from Kerr County to Mason, there is, after the
initial deal, a per-page fee. It's so many cents a page. If
that were part of that, it's going to be part of the big
foundation twat Kerr County has. If they want that, yeah,
they would be required to either reimburse or pay Kerr County
for those costs.
COMMISSIONER BALDWIN: Would the -- will the
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District Judge be able to sit here and have hearings in
I Menard?
JUDGE TINLEY: Yes. Yes, and the defense lawyer,
rather than traveling to Menard .County.
COMMISSIONER BALDWIN: We don't care anything about
that.
JUDGE TINLEY: Prosecutor could be somewhere else.
SHERIFF HIERHOLZER: And bill for it.
MR. TROLINGER: I think what's important is that
Ms. Lavender and Judge Tinley have been working on this for
quite a while, and now we've got the District Judges signed
on -- literally signed on to the project, and I think it's
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going to happen.
COMMISSIONER BALDWIN: As long as somebody else
pays for it, they're happy, aren't they?
JUDGE TINLEY: Yeah. Well, took six years to get
there. Court reporter, you have anything? (Laughter.)
Okay. Animal Control?
MS. WHITT: Actually, I do have something. Just
F.Y.I., Dr. Barbutti -- Dr. Autumn Barbutti in Hunt and
Animal Control are working together to try to put on a
low-cost vaccine clinic at the Doyle Community Center.
That's one of our big problem areas. So, once we get some
things lined up and some dates and all together, then I'll be
bringing it back to Commissioners Court to see if y'all would
approve reducing the registration fee to one dollar for that
day.
JUDGE TINLEY:' Okay.
COMMISSIONER OEHLER: Very good. I wanted her to
tell that. I knew about it, but --
MS. WHITT: Well, and I had talked to the Judge a
little bit about it. It was just a little late for me to put
it on this agenda.
COMMISSIONER OEHLER: It's a good thing to target
some of those areas that are problem areas.
JUDGE TINLEY: Mm-hmm, sure.
COMMISSIONER OEHLER: To reduce a lot of our
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problems.
JUDGE TINLEY: Okay. I guess we're through, then.
SHERIFF HIERHOLZER: Ahem. Yeah, you're
intentionally trying to skip over me.
JUDGE TINLEY: I wouldn't do that, Rusty.
SHERIFF HIERHOLZER: No.
JUDGE TINLEY: Is there something you had to say?
SHERIFF HIERHOLZER: Jeez, the abuse I put up with.
COMMISSIONER BALDWIN: You're carving into
somebody's lunch hour, Rusty, if you want to do that. ',
SHERIFF HIERHOLZER: Real quick. Jail population,
I didn't separate out which courts have what this time, but
unfortunately, we're back up to 160 this morning in custody.
But we are down to 18 on the female side. They have beemn
pushing those. Today is a big court day also for 198th 'and
that, so I don't know whether we're going to increase or
decrease by the end of the day, but it will be a -- a pretty
good court day. And also, going on as we speak is the
Sheriff's Office -- first time in four years, five years --
is going through a state TCIC/NC audit as we go through this,
and we'll see how that turns out at the end of the day. So,
our dispatch and all our computer stuff is all being audited
today. We'll see. That's it, Judge.
COMMISSIONER LETZ: Could blame it on John.
SHERIFF HIERHOLZER: It probably is his fault. And
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I do not want your phone system at the Sheriff's office.
MS. HYDE: Oh, well --
SHERIFF HIERHOLZER: Not yet.
JUDGE TINLEY: We've got a remaining supply of tin
cans and wax string.
SHERIFF HIERHOLZER: That may work better, from
what I hear.
JUDGE TINLEY: Anything else? We'll be adjourned.
(Commissioners Court adjourned at 12:11 p.m.)
STATE OF TEXAS ~
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
official reporter for the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 11th day of March, 2010.
JANNETT PIEPER, Kerr County Clerk
BY: /
Kathy Ban k, Deputy County Clerk
Certified Shorthand Reporter
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ORDER NO. 31642
BOUNTIES ON KERR COUNTY PREDATORY ANIMALS
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4-0-0 to:
Approve amending Court Order #5051 to remove bounties on predatory animals, with the
exception of coyotes, and use a Bounty Application Affidavit prepared by the County
Attorney for all future Bounty Payment Requests, with the program to be taken over by
Animal Control and the funds to be taken out of the Animal Control Operating Budget.
ORDER NO. 31643
2009 RACIAL PROFILING STATISTICS BY 198TH DISTRICT ATTORNEY'S
OFFICE
Came to be heard this the 8th day of March, 2010, 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 2009 Racial Profiling Statistics as submitted by the 198t~ District Attorney's
Office, as presented.
ORDER NO.31644
RESOLUTION FOR CRIMINAL JUSTICE PROGRAM/BYRNE JUSTICE
ASSISTANCE GRANT FUND APPLICATION FOR 2010-2011
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a
vote of 4-0-0 to:
Approve Resolution for the submission of the Criminal Justice Program/Byrne Justice
Assistance Grant Fund Application for 2010-2011 to the Office of the Governor,
Criminal Justice Division, for funding the purchase of three new vehicles for Constables
in Precinct 1, 2 and 3.
ORDER NO. 31645
FINAL INSPECTION AND CERTIFICATE OF COMPLIANCE FOR CEDAR OAKS
MOBILE HOME PARK
Came to be heard this the 8th day of March, 2010, 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 Final Inspection and issuance of a Certificate of Compliance for Cedar Oaks
Mobile Home Park, located in Precinct L
ORDER NO.31646
CONTRACT WITH BRANCH WATER SERVICES d/b/a J3 S, INC.
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Oehler, the Court unanimously approved by a vote
of 4-0-0 to:
Approve Contract with Branch Water Services d/b/a J3S, Inc. for underwater surveys of
Flat Rock Lake, not to exceed $35,000.00.
ORDER NO. 31647
BID EXEMPTION ON PURCHASE CONTRACT FOR COURTHOUSE
AUDIO/VIDEO AND COURTROOM TELECONFERENCING EQUIPMENT
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Approve bid exemption of the Purchase Contract for Courthouse audio/video and
courtroom teleconferencing equipment in accordance with Chapter 262.024 of the Local
Government Code Section (7)(A): an item that can be obtained from only one source,
including; items for which competition is precluded because of the existence of patents,
copyrights, secret processes or monopolies.
ORDER NO. 31648
2009 RACIAL PROFILING REPORT FOR 1/1/2009 TO 12/31/2009 BY KERB
COUNTY SHERIFF'S OFFICE
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve 2009 Racial Profiling Report for 1/1/2009 to 12/31/2009 as submitted by the
Kerr County Sheriff's Office.
ORDER NO. 31649
SET PUBLIC HEARING REGARDING CUMMINGS LANE MAINTENANCE
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Oehler, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve setting a Public Hearing for April 12, 2010 at 10:00 a.m. regarding Cummings
Lane, including notifying the appropriate land owners as required by law.
ORDER NO. 31650
BUSINESS AGREEMENTS TO BE SIGNED BY PRIVACY OFFICER
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
4-0-0 to:
Approve Privacy Officer signing new Business Agreements with Willis HRH and Script
Care required for Kerr County.
ORDER NO. 31651
CONTROL OF VEHICLE TRAFFIC DURING EASTER FESTIVAL AT FLAT ROCK
LAKE PARK
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of
3-1-0 to:
Authorize the American Legion as the authority to regulate traffic inside Flat Rock Lake
Park during the Easter Festival.
ORDER NO. 31652
OPEN ANNUAL MATERIALS BIDS FOR ROAD & BRIDGE DEPARTMENT
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Accept all bids and refer to the Road & Bridge Administrator for recommendation.:
1. Wheatcraft, Inc. for Base Material
2. Wilson Culverts, Inc. for Corrugated Metal Pipe
3. Allen Keller Company for Base Material
4. Martin Marietta Materials for Paving Aggregate, Emulsion Oils, Base Materials ',
and Hot Mix, Cold Laid Asphalt
5. Ergon Asphalt for Asphalt Emulsion Oil
6. Vulcan Materials Company for Paving Aggregates, and Hot Mix, Cold Laid
Asphalt
7. Texas Corrugators, South Texas Region, for Corrugated Metal Pipe
8. Contech Construction Products, Inc. for Corrugated Metal Pipe
ORDER NO. 31653
PURCHASE OF SOFTWARE LICENSE UPGRADE FOR LASERFICHE
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a
vote of 4-0-0 to:
Approve the purchase of Software License Upgrade for Laserfiche using current and past
year's capital monies, in the amount of $18,806.65.
ORDER NO. 31654
SELECT CONSULTANT FOR 2010 CENSUS REDISTRICTING
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of
4-0-0 to:
Approve entering into a Contract with Bickerstaff, Heath, Delgado, Acosta, LLP as the
Consultant, for Redistricting in 2011, and authorize County Judge to sign Contract for
same, as approved by the County Attorney.
ORDER NO. 31655
CLAIMS AND ACCOUNTS
Came to be heard this the 8th day of March, 2010, came to be considered by the Court
various Commissioners Precincts, which said Claims and Accounts are:
Accounts Expense
10-General	$	170,322.56
15-Road & Bridge	$	33,727.90
16-Capital Projects	$	36,479.04
18-County Law Library	$	5,359.60
21-Title IV-E	$	102.20
26-JP Technology	$	1,209.94
27-Community Corrections	$	325.00
28-Records Mgmt & Preserv.	$	586.24
33-District Records Mgmt	$	2,043.50
37-Center Point Wastewater	$	16,608.45
50-Indigent Health Care	$	9,568.08
72-So Equip/Donation Fund	$	1,058.36
76-Juv Detention Facility	$	1,168.16
77-LEOSE Funds	$	1,500.00
83-216t" District Attorney	$	414.90
86-216t" CSCD	$	2,709.74
TOTAL $ 465,978.14
Upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the
Court unanimously approved by vote of 4-0-0 to pay the claims and accounts (with the
exception of pulling the bill out of Non-Departmental to Marisa Weinheimer for
property taxes to Harper ISD in the amount of $11.63).
ORDER NO.31656
BUDGET AMENDMENT NOS. 1-3
Came to be heard this the 8th day of March, 2010, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve paying the Budget Amendment Nos. 1 through 3, as presented.
ORDER NO. 31657
MONTHLY REPORTS
Came to be heard this the 8th day of March, 2010, 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:
JP #2
Constable Pct # 1
JP #3
County Clerk
Kerr County Payroll for February, 2010
Environmental Health
JP # 1