1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, January 12, 2009 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X January 12, 2009 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action to approve amending resolution for submission of 5 the General Victim Assistance Direct Services Program grant proposal for 2009-2010 to Office 6 of the Governor, Criminal Justice Division 12 7 1.2 Consider/discuss, take appropriate action to approve two updates to 2008-2009 Kerr 8 County Indigent Health Care policy adopted in December 2008 14 9 1.3 Consider/discuss, take appropriate action on 10 budget amendment request from J.P. 1 15, 63 11 1.4 Open bids received from the RFP for mass notification services and distribute to 12 appropriate personnel to begin review and evaluation process 40 13 1.5 Consider/discuss, take appropriate action to 14 appoint Lee Fry as a member of Kerr County Child Services Board 46 15 1.6 Consider/discuss, take appropriate action on 16 requests from appointed and elected officials to appoint clerks and assistants for their 17 offices pursuant to Local Government Code Chapter 151 47 18 1.7 Consider/discuss, take appropriate action to 19 amend Court Order 31141 reappointing Garland Reece and Perrin Wells for three-year terms to 20 Board of Commissioners for ESD #2; amend the term to two years 47 21 1.9 Consider/discuss, take appropriate action on 22 reducing registration fees during Rabies drive 48 23 1.10 Consider/discuss, take appropriate on request from Heart of the Hills Barrel Racing Association 24 to be added to nonprofit list for use of Indoor Arena at Hill Country Youth Exhibit Center 49 25 3 1 I N D E X January 12, 2009 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 approve amendment to interlocal agreement for firefighting services between City of Kerrville 4 and Kerr County for FY '08-'09 52 5 1.12 Consider/discuss, take appropriate action to approve grant agreement between Texas Water 6 Development Board and Kerr County for Center Point/Eastern Kerr County wastewater project 53 7 1.13 Consider/discuss, take appropriate action to 8 approve Wastewater Facility Plan contract between Kerr County and Tetra Tech, Inc. for 9 Center Point/Eastern Kerr County wastewater project 56 10 1.14 Consider/discuss, take appropriate action to 11 appoint Cheryl Thompson to ESD #1 Board of Commissioners for a two-year term 58 12 1.15 Consider/discuss, take appropriate action to 13 approve declaring a roll shelf cabinet and one file cabinet as surplus property 58 14 1.16 Consider/discuss, take appropriate action to 15 adopt a resolution in support of Texas Tech University acquiring continued funding from 16 the Texas Legislature 60 17 1.8 Consider/discuss, take appropriate action to adopt a resolution opposing wastewater discharge 18 at Hill Country Camp on Harper Road 62 19 4.1 Pay Bills 70 4.2 Budget Amendments -- 20 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 71 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 72 5.2 Reports from Elected Officials/Department Heads 74 23 --- Adjourned 76 24 25 4 1 On Monday, January 12, 2009, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court, first meeting of 2009 -- 10 regular meeting of 2009, posted and scheduled for today, 11 Monday, January the 12th, 2009, at 9 a.m. It is that time 12 now. Commissioner Baldwin? 13 COMMISSIONER BALDWIN: Yes, sir. Y'all stand and 14 have a word of prayer with me, please. 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Why are those lights off? 17 MS. LAVENDER: 'Cause I unscrewed the lightbulbs on 18 them a little while ago before we took the photographs. 19 COMMISSIONER BALDWIN: Photographs. 20 COMMISSIONER WILLIAMS: This one's on. 21 COMMISSIONER BALDWIN: Sure is. 22 COMMISSIONER WILLIAMS: This is a test. 23 SHERIFF HIERHOLZER: Very observant, Buster. 24 COMMISSIONER BALDWIN: Yeah. Kidneys. 25 JUDGE TINLEY: Going to get the A & M graduating 1-12-09 5 1 class of 2008 here to see if they can figure out the solution 2 to this problem. 3 COMMISSIONER WILLIAMS: Oh. 4 JUDGE TINLEY: Okay. At this time, if there's any 5 member of the public or the audience that wishes to be heard 6 on any matter that is not a listed agenda item, feel free to 7 come forward at this time. If you wish to be heard on a 8 particular agenda item, if you'd fill out a participation 9 form at the back of the room and get it to us, that helps me 10 not pass over you when we get to that item. If you wish to 11 be heard on an agenda item and you haven't filled out a 12 participation form, just get my attention when we come to 13 that matter and I'll be sure that you get the opportunity to 14 be heard. But right now, if there's any member of the public 15 or the audience that wishes to be heard on any matter that is 16 not a listed agenda item, feel free to come forward at this 17 time. Seeing no one coming forward, we will move on. 18 Commissioner Baldwin, what do you have for us this morning? 19 COMMISSIONER BALDWIN: Well, I just wanted to tell 20 you guys; some folks know, but I became -- I became a 21 grandfather again a few days ago. Little Joshua is -- lives 22 over in Wimberley, and nine -- nine pounds and eight ounces. 23 He's going to be a -- he's already a horse. But I have -- I 24 have some photographs for sale. (Laughter.) 29 -- why are 25 y'all laughing? $29.99. And if you want a picture of him, 1-12-09 6 1 it'll be another $9 to add onto that. So, 40 bucks, and I'll 2 give you an 8-by-10 glossy of Joshua. That's about it, 3 Judge. And we really need some rain. I mean, it is -- it's 4 gotten critical out there, and -- and something to -- you 5 know, I've said this before, and I really mean this, that God 6 made cedar trees to cut down. That's what they're for. 7 COMMISSIONER WILLIAMS: Fenceposts. 8 COMMISSIONER BALDWIN: Fenceposts, whatever. But 9 anyway, man. Thank you. 10 JUDGE TINLEY: Commissioner Williams? 11 COMMISSIONER WILLIAMS: Can't top that, Judge. 12 JUDGE TINLEY: Commissioner Letz? 13 COMMISSIONER LETZ: On the -- on the rainfall, a 14 little follow up. I think this is probably one of the few 15 years that west Kerr County has had more than east Kerr 16 County. Our rainfall at our place -- we keep accurate 17 records; have since we bought the place in the '30's. We had 18 13.65 inches last year. Prior to that, including the '50's, 19 the driest year prior to this was 17.2. So, it's, you know, 20 way -- 21 COMMISSIONER BALDWIN: Yeah, it's bad. 22 COMMISSIONER LETZ: -- beneath the pack. 23 Surprisingly, the springs are still doing pretty good. I 24 think it's largely due to -- we don't like the cedar trees a 25 whole lot, so we got rid of a whole lot of them. Another 1-12-09 7 1 interesting thing that I think we're all watching, and may 2 have -- or probably will have some impact, is the speaker's 3 race, or lack thereof, the way it looks at this point. From 4 the county-to-county standpoint, which I've been involved 5 with, our thinking on how this is going to proceed through 6 the Legislature, Representative Miller, who represents 7 Gillespie County, Blanco County -- not Blanco, Kendall, and I 8 think Comal. 9 COMMISSIONER WILLIAMS: Yeah. 10 COMMISSIONER LETZ: Was kind of -- as a freshman 11 going into there, was not thought to have a whole lot of 12 influence. Well, he's also extremely good friends with Joe 13 Straus, so that may change, and may be a little bit of a -- 14 add a little bit of a -- possibly a good thing. He's been a 15 very strong supporter of what the hill country counties are 16 trying to do, so it's kind of interesting. And had a meeting 17 on that same topic with Senator Wentworth last week, and he 18 seems -- 19 COMMISSIONER BALDWIN: You're really getting into 20 that stuff, aren't you? Good for you. 21 COMMISSIONER LETZ: I've put too much time in it 22 not to complete it. And he kind of -- I told him I wasn't 23 real fond of impact fees, necessarily, but he seemed to like 24 them. So, you know, never can tell where -- what people 25 think. 1-12-09 8 1 COMMISSIONER WILLIAMS: Miller seems to like them? 2 COMMISSIONER LETZ: No, Senator Wentworth. 3 COMMISSIONER WILLIAMS: Oh, Wentworth. 4 COMMISSIONER LETZ: I also informed Senator 5 Wentworth that -- I had to very careful how I worded it, but 6 there were some problems with the water availability 7 requirements that counties have to live under now. He -- I 8 quickly said -- he wrote that legislation. I said it was 9 excellent legislation, I thought. 10 COMMISSIONER WILLIAMS: However... 11 COMMISSIONER LETZ: However, there were some 12 unintended consequences to it that I think are coming to the 13 forefront now about really limiting counties' ability to do 14 small lots where they need to in certain areas, such as 15 ETJ's, and near -- and things of that nature. So, anyway, he 16 was very interested in that as well. That's it. 17 JUDGE TINLEY: Commissioner Oehler? 18 COMMISSIONER OEHLER: Well, several things, 19 actually. I met with the Ingram City Manager and -- and 20 Charlie Hastings the other day about trying to work an 21 agreement that would allow businesses along Highway 27 in 22 Ingram's ETJ, as well as in Kerrville's ETJ, to be able to 23 hook up to a line that's going to become a dead line once the 24 Ingram wastewater project goes into effect and actually some 25 of the hookups occur. And they didn't tell me no; they 1-12-09 9 1 didn't tell me yes. But I have to do some legwork to find 2 out how much water usage we're talking about, I think, if 3 they combined all the businesses along there that are 4 affected. I thought that was -- you know, that would be a 5 wonderful thing if we could get the City to go along with 6 some kind of an agreement to make that possible, because 7 they're really kind of in no man's land. They're not going 8 to be allowed to hook up to Ingram; not allowed to hook up to 9 Kerrville, because they're not in -- either one in the city 10 limits. So, this may be kind of a -- a maiden voyage, I 11 guess, into an area that would really be a big help to a lot 12 of areas that are unincorporated, and be allowed to do things 13 to get off of septic and get onto wastewater. 14 Two, I met last week with TexDOT on -- on 15 off-system bridges in my area. Seems that those are going to 16 go forward. The funding, I believe, is there, or if it's not 17 there, with all the proposed infrastructure money supposedly 18 coming out of Washington, we probably are going to have a 19 good opportunity to get all those off-system bridges done, as 20 well as some others. And I believe sometime this week, if 21 I'm not mistaken, Commissioner Baldwin and I are supposed to 22 meet with Mike Coward out on Goat Creek Road at -- what is 23 that crossing out there, Buster? The one right before you 24 get to the interstate? 25 COMMISSIONER BALDWIN: I don't know. 1-12-09 10 1 COMMISSIONER OEHLER: Anyway, that one, they want 2 to replace and realign the drainage and all to it, and they 3 have the right-of-way, and I believe we're going to try to 4 lobby that engineer who's going to be here along with 5 Mr. Coward, the district engineer, to go forward with that. 6 Our projects on the bridges up on 39 and 1340, there are 7 three going on right now, on 39 being Smith 1 and 2, and 8 Panther Creek. They are progressing very well; have not had 9 too many complaints from the area residents. We are going to 10 have a meeting on those on the new bridge -- other new 11 bridges shortly, which will include Hunt and Mayhew and 12 possibly Hope Crossing, which is -- actually, Lone Star; 13 we've already done Hope. Lone Star is there by -- well, 14 by -- by River Bend Ranch. To see, you know, what is going 15 to be acceptable to the committee so that they can proceed 16 with those projects. And then Shoemaker will be last, 17 because it's the most complex one of all, trying to save the 18 old -- little old bridge and still have a recreation area, 19 but also take care of some of the erosion problems that have 20 occurred there in the past. Anyway, that's about it. Stock 21 show's coming up next week. I guess we'll be involved in 22 that to some extent. That's it. 23 COMMISSIONER WILLIAMS: Judge, one quickie. I've 24 signed up Commissioner Oehler and myself for a dam safety 25 seminar conducted by Freese-Nichols early in February -- 1-12-09 11 1 COMMISSIONER BALDWIN: Did he have to cuss? 2 COMMISSIONER WILLIAMS: -- to talk about the 3 changes in the law. 4 COMMISSIONER BALDWIN: Dam safety. 5 JUDGE TINLEY: Most of you are aware of the recent 6 discovery out here on an area ranch of -- of some very minor 7 pieces to a military helicopter some -- 36, 37 years ago, a 8 long time ago. And as part of the discovery, there was a 9 wedding band found that the Sheriff picked up on, and really 10 pulled out all the stops to try and find who the true owner 11 of that ring should be so that that could be returned. And 12 as you know from the media reports, he was successful. And 13 last week, I received a letter from Linda Sasser, who is the 14 widow of that lady -- of that gentleman that was killed in 15 the helicopter crash, who was on military duty at the time. 16 She lives in Park City, Utah, and very, very laudatory about 17 the Sheriff and his efforts to do something that he had no 18 real legal responsibility to do. He did it as a humanitarian 19 gesture, as a gesture to bring closure to her and her family 20 about this tragic event. And what I intend to do is to ask 21 the reporter to attach this letter that I received from 22 Ms. Sasser to the record of these proceedings. But, Sheriff, 23 job well done. Thank you. 24 (Applause.) 25 COMMISSIONER OEHLER: One more thing I need to say 1-12-09 12 1 before we start. 2 JUDGE TINLEY: All right, sir. 3 COMMISSIONER OEHLER: We're going to put the plug 4 back in the Ingram Lake February the 2nd. And the cleaning 5 has gone very well; lots and lots of silt taken out of there. 6 The erosion control on the bank's going on with new retaining 7 walls by owners, and it's really looking good. And the 8 County has cleaned out around the boat dock and some other 9 areas, and we've been dumping that material, some of it in 10 the yard for fill, and some other, we've made a deal where we 11 can dump at the Ingram School, who has a pit that needs 12 filled up, and it's a close haul, and it will be available in 13 the future for more cleaning when we decide to do more. 14 JUDGE TINLEY: That's less than a 1-mile haul, 15 isn't it? 16 COMMISSIONER OEHLER: It is. 17 JUDGE TINLEY: Can't beat that. 18 COMMISSIONER OEHLER: And it benefits -- you know, 19 it's a good -- you know, taxpaying people that support the 20 school, and they need a hole filled up, and close, and it's a 21 whole lot better than trying to haul it somewhere else. 22 Whole lot cheaper. That's it. 23 JUDGE TINLEY: Thank you. Let's get on with our 24 agenda, if we might. Item Number 1 is to consider, discuss, 25 and take appropriate action to approve amending the 1-12-09 13 1 resolution for the submission of the General Victim 2 Assistance Direct Services Program grant proposal for 2009, 3 2010 to the Office of the Governor, Criminal Justice 4 Division, purpose of the grant being to fund the Kerr County 5 Crime Victims Coordinator program for another year. 6 Ms. Lavender. 7 MS. LAVENDER: This is simply a wordsmithing. They 8 changed the name of the grant. And all we need to do, 9 Ms. Pieper says, is just to amend it. We can use the same 10 order on it, but change the name, and I just need for you to 11 sign another copy of it to be uploaded into the grant process 12 with the Governor's office. 13 COMMISSIONER WILLIAMS: Move approval. 14 COMMISSIONER BALDWIN: Second. What's the new 15 name? I'm sorry. 16 MS. LAVENDER: Instead of VOCA, it's the General 17 Victim's Assistance Direct Services Program. 18 COMMISSIONER BALDWIN: I see, yeah. 19 MS. LAVENDER: It's -- 20 JUDGE TINLEY: I have a motion and second? 21 THE CLERK: Yes. 22 JUDGE TINLEY: I would note that we have a 23 resolution to note that change that you're requesting from 24 the Court. 25 MS. LAVENDER: Yes, sir. 1-12-09 14 1 JUDGE TINLEY: Okay. All right. We have a motion 2 and a second. Any question or discussion on the motion? All 3 in favor of the motion, signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. Let's move 8 to Item 2; consider, discuss, and take appropriate action to 9 approve two updates to the 2008-2009 Kerr County Indigent 10 Health Care policy adopted in December 2008. Ms. Lavender? 11 MS. LAVENDER: Again, when we adopted this policy 12 in December, soon after it was adopted, the State sent us a 13 memo that said that we needed to give the people who are 14 applying and have been denied 90 days to file a written 15 appeal. This is a state change, not ours. It had no dates 16 in it. We chose 14 days. Then they came back and -- and 17 changed the state law effective January 1st to make it 90 18 days that people have an opportunity to appeal a denial. And 19 the other one is that we need to just add "non-voting" after 20 the IHC clerk and the wording of it, because the state law 21 says non-voting. I just simply missed that when I typed up 22 the policy. 23 COMMISSIONER LETZ: Move approval of the changes. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded for 1-12-09 15 1 approval of the changes as indicated. Further question or 2 discussion on the motion? All in favor of the motion, 3 signify by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: That motion does carry. 8 MS. LAVENDER: Thank you, gentlemen. And thanks 9 for rolling with the punches on the picture taking this 10 morning, too. Y'all look nice dressed up. Thank you. 11 COMMISSIONER WILLIAMS: Make us look good. 12 JUDGE TINLEY: You'll do anything to accomplish 13 your objective. 14 COMMISSIONER BALDWIN: I'm telling you, isn't it 15 amazing? After she got everything. 16 JUDGE TINLEY: Yeah. Let's move to Item 3; 17 consider, discuss, and take appropriate action on budget 18 amendment request. Judge Billeiter? 19 JUDGE BILLEITER: Thank you. I think y'all look 20 great today, too. (Laughter.) 21 SHERIFF HIERHOLZER: What do you want? 22 JUDGE TINLEY: That's not going to get you 23 anything, Judge. 24 JUDGE BILLEITER: I try. You know, the Bible says 25 you have not because you ask not, so I'm asking. As you 1-12-09 16 1 might remember, I approached y'all during the budget hearings 2 that we had about a part-time clerk. We -- I thought at that 3 time we had a -- an agreement worked out between all the 4 J.P.'s. I found out at that meeting we did not. And based 5 on the needs of my office -- and I want you to consider that 6 my office hears approximately 50 truancy cases per month. We 7 hear all of the truancy cases for all of the schools, with 8 the exception of Ingram. We even hear Center Point's; they 9 choose to file in our court, so we take them. I have a good 10 rapport with all of the school officials, and we're having 11 good success in getting children to attend school. We also 12 hear -- our court is responsible for all of the Department of 13 Public Safety administrative hearings. We get all of those. 14 The paperwork, particularly in regards to truancy, is 15 overwhelming. I called Commissioner Baldwin in one day, I 16 said, "I want you to just see how much paperwork is involved 17 in just one of our hearings." And I think in that particular 18 case, there was about 27 that we heard that day. If any of 19 you are ever around for truancy hearings, we usually have 20 them down in County Court at Law, and you can see that it's 21 packed. 22 A part-time clerk -- and I've talked with Jeannie. 23 I've also talked with Eva, and I have an approximate -- if we 24 began in January, $10 an hour would be approximately $6,240. 25 I think Jeannie figured up 6,090. 1-12-09 17 1 MS. HARGIS: Eighty. 2 JUDGE BILLEITER: Something in that neighborhood. 3 We desperately need a part-time clerk, and I ask for your 4 consideration of that position. 5 COMMISSIONER LETZ: Judge, you made the comment 6 that you thought you had a deal worked out with the other 7 J.P.'s, and that didn't happen. I know my J.P. -- or J.P. 3 8 has stated to me that she's willing to help with this, with 9 the truancy issue. What happened with the other J.P.'s? 10 JUDGE BILLEITER: I believe -- and I may be -- I 11 believe what happened is that we were looking at a full-time 12 position to be shared between all of the J.P.'s, but there 13 seemed to be the fear from some of the other J.P.'s that that 14 position would become used by other offices in the courthouse 15 to the extent that we would no longer be able to use that 16 person. However, the wording, as I heard the Commissioners 17 at that time, would have been that the J.P.'s would have had 18 the first -- they would have priority. If the J.P.'s needed 19 that person, they would work. If they didn't, maybe other 20 departments could use that person. And I think that some of 21 the other J.P.'s felt that we would lose that person; that 22 some of the other offices in the courthouse would take that 23 person over. I didn't understand it that way, but that's 24 what happened, and so it failed for lack of support at that 25 time. 1-12-09 18 1 COMMISSIONER BALDWIN: Jon, let me answer part of 2 your question there. I felt like at one point that you -- 3 you heard him say that all truancy is filed in his court. 4 Well, I thought the way -- the remedy for this thing would be 5 to get those schools to file in other precincts, whatever 6 precinct they're in, or, you know, however you do -- they 7 choose to do that, and they'd rather not go that route. 8 They'd rather stay with this judge because of the 9 relationship and the way the program works. And they can -- 10 you know, it's a trust factor. And, you know, it's -- 11 they're the ones that are saying that. So -- 12 COMMISSIONER LETZ: I've heard that as well. Or -- 13 I guess my -- you know, I look at it that it's not right for 14 one J.P. to be burdened with that whole truancy county-wide, 15 or most of the county, anyway. But if the schools choose to 16 do it one way, well, then maybe they should pay for a 17 position. 18 COMMISSIONER BALDWIN: Well, that's -- I agree with 19 that. 20 COMMISSIONER LETZ: I mean, it's -- you know, I 21 don't -- I've not talked to Judge Wright on this. I have 22 talked to Judge Mitchell, and Judge Mitchell's willing to do 23 them. But -- but, like you said, if the school doesn't file 24 them with her, she doesn't have a whole lot of choice. She 25 can't do them. 1-12-09 19 1 JUDGE BILLEITER: Right. 2 COMMISSIONER LETZ: And I think that I'm going to 3 be much more inclined to figure out how to spread the work 4 around, or get the school to fund it if they're insisting on 5 doing it this way, as opposed to doing any hiring or breaking 6 the budget right now. 7 JUDGE TINLEY: Mr. Emerson, is there a venue 8 provision on these truancy cases that may require or give 9 general venue jurisdiction to the precinct in which the 10 school is located, for example? Or do -- 11 MR. EMERSON: Short answer would be yes. 12 JUDGE BILLEITER: I have researched that, and he's 13 correct. They are to file in the precinct in which the 14 school is located or the precinct in which the child resides. 15 But venue is a defendant issue, and it's up to the defendant 16 to bring that up. 17 JUDGE TINLEY: Got to be raised, right. 18 JUDGE BILLEITER: Right, mm-hmm. 19 COMMISSIONER LETZ: And I would suspect that -- and 20 I'm guessing that the majority of the truancies are coming 21 out of K.I.S.D. 22 JUDGE BILLEITER: Oh, yes, mm-hmm. 23 COMMISSIONER LETZ: And -- 24 COMMISSIONER WILLIAMS: Probably a pretty good 25 number that come out of Center Point, too. 1-12-09 20 1 COMMISSIONER LETZ: But, you know, the Center Point 2 ones are obviously going to be in Precinct 2, but I would 3 suspect that the ones coming out of K.I.S.D. are -- 4 COMMISSIONER OEHLER: They're divided up. Because 5 isn't, like, the junior high -- isn't it in Precinct 3? 6 COMMISSIONER LETZ: It is. 7 COMMISSIONER OEHLER: And down this way, at 8 Daniels -- 9 COMMISSIONER LETZ: It's in 3. 10 COMMISSIONER OEHLER: Daniels is in 3, and then 11 what's the one south -- in Kerrville South? 12 COMMISSIONER LETZ: Nimitz is in 1. 13 COMMISSIONER OEHLER: That's in 1. 14 JUDGE TINLEY: Tivy High School. 15 COMMISSIONER LETZ: No, it's in 1. 16 COMMISSIONER OEHLER: Tivy High School. 17 COMMISSIONER LETZ: I mean in 2. 18 COMMISSIONER WILLIAMS: Tivy's not in 2 -- oh, Tivy 19 might be in 2. 20 MR. EMERSON: I would suspect, although the schools 21 are spread out -- the Judge would have to clarify this, but I 22 would suspect that 99 percent of the truancy cases come from 23 middle school and high school. 24 COMMISSIONER LETZ: Right. 25 MR. EMERSON: Not from the elementaries. 1-12-09 21 1 JUDGE BILLEITER: That's true. We're running into 2 more and more cases where the school is filing not only on 3 the child, but on the parent also. So -- 4 COMMISSIONER LETZ: I believe -- I was under the 5 impression the high school was in 3, but Judge Mitchell said 6 it's in 2 the way the line was drawn. But either way, I 7 mean -- 8 COMMISSIONER OEHLER: But the junior high would 9 be -- 10 COMMISSIONER LETZ: Junior high is in 3. And 11 the -- whatever they call the -- 12 COMMISSIONER OEHLER: So, it's really kind of 13 divided up in precincts already, 'cause Ingram and 4 is doing 14 their own, evidently. Is that correct? 15 JUDGE BILLEITER: I think municipal court is doing 16 Ingram's, is my understanding. 17 COMMISSIONER WILLIAMS: Might have better success, 18 rather than trying to get it spread around the way it ought 19 to be spread around, trying to get the school districts to 20 budget money to cover this part-time position. 21 JUDGE BILLEITER: Well, this part-time position 22 would not only be for that, but would be for Department of 23 Public Safety administrative hearings. Also, as you know, 24 the hospital happens to fall in Precinct 1, so anybody that 25 goes to the hospital and dies, within 24 hours, guess who 1-12-09 22 1 gets called? And so -- and these all have to be entered over 2 the internet through T.E.R. So, it's not just administrative 3 -- or not just truancy; however, truancy is a big issue. 4 Personally, I like working with the kids. That's kind of my 5 thing, and I would like to continue. But, really, in order 6 to continue, we do need some help. 7 JUDGE TINLEY: Judge, do you -- do you think you 8 can get somebody that -- that is capable and that you can 9 keep on staff for ten bucks an hour? 10 JUDGE BILLEITER: Yes. 11 JUDGE TINLEY: Okay. 12 JUDGE BILLEITER: We have -- let me say, we have a 13 person -- Elsa, as you know, or you may not know, had 14 shoulder surgery, and she was out for about a month. She's 15 working some half days, came back as soon as she can -- as 16 soon as she could. And during that time, we had a young lady 17 come in that was very sharp; she learned very fast. She 18 would be -- she's very capable. I think some of you may have 19 met her. She impressed me greatly, and she would be willing 20 to do that. 21 COMMISSIONER BALDWIN: And I agree with him. She's 22 one of those dynamic -- dynamic people that, you know, if we 23 have that opportunity to make this person an employee, we 24 need to jump at it. She's one of those rare individuals. 25 COMMISSIONER WILLIAMS: I'm just wondering, if the 1-12-09 23 1 -- if the ultimate solution is spreading around the 2 precincts, like it probably was intended to be, would this 3 not be a good part-time solution until we can get that 4 accomplished? 5 COMMISSIONER BALDWIN: Well, that's what I'm 6 thinking, you know. And not only spreading it around, but -- 7 and I agree with Jon. The school system needs to pick up 8 part -- at least part of the tab on the thing. Now, you and 9 I both know that if we approach that, that's going to take a 10 while -- 11 COMMISSIONER WILLIAMS: Mm-hmm. 12 COMMISSIONER BALDWIN: -- to get that done. 13 JUDGE TINLEY: Judge, are we having any court costs 14 paid by the -- 15 JUDGE BILLEITER: Very little. 16 JUDGE TINLEY: -- school district as a result of -- 17 by the school district? 18 JUDGE BILLEITER: No. 19 JUDGE TINLEY: As a result of these cases? 20 JUDGE BILLEITER: No, we are not. No. 21 JUDGE TINLEY: Is there any provision in the law 22 that gives us the ability to do that? 23 JUDGE BILLEITER: On the fine, the school -- any 24 fines that are collected, the school gets half of that; we 25 get the other half. 1-12-09 24 1 JUDGE TINLEY: Hmm. 2 COMMISSIONER WILLIAMS: What would a typical fine 3 be? 4 JUDGE BILLEITER: Court costs -- we are getting 5 courts costs on some of them, or trying to. 6 MS. HARGIS: Some of them I think are you, but not 7 all of them. 8 JUDGE BILLEITER: Some of them have to do -- some 9 of them are indigent; we have to give them community service. 10 So -- but we are -- I'm trying to collect court costs as we 11 can. 12 JUDGE TINLEY: But that's from the child and/or the 13 family? 14 JUDGE BILLEITER: Yes. 15 JUDGE TINLEY: That you impose that obligation? 16 JUDGE BILLEITER: Yes, correct. 17 JUDGE TINLEY: There's no requirement you can place 18 up front as a condition precedent to filing the case that 19 they put up a court cost deposit with the school district? 20 JUDGE BILLEITER: I'm not aware of it if there is. 21 JUDGE TINLEY: Okay. 22 JUDGE BILLEITER: I don't know. Rex, do you know 23 of anything? 24 MR. EMERSON: Not off the top of my head. 25 JUDGE TINLEY: Another question. Ms. Hyde? 14-1, 1-12-09 25 1 what's the -- what's the hourly rate on that? 2 MS. HYDE: It's more than $10. 3 JUDGE TINLEY: That's what I was thinking. 4 MS. HYDE: $14-1 is $12.67. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER BALDWIN: Oh. Well, I bet you she 7 won't work for that. (Laughter.) 8 COMMISSIONER LETZ: Two other -- or one question, 9 one comment. What are the -- you mentioned the Highway 10 Department here? 11 JUDGE BILLEITER: Department of Public Safety. 12 That's on driver's license revocations, suspensions. I have 13 to hear these to determine -- 14 COMMISSIONER LETZ: Is that because their office is 15 in your precinct? 16 JUDGE BILLEITER: Yes. 17 COMMISSIONER LETZ: Can that not be spread around, 18 or by law, it has to be in your precinct? 19 JUDGE BILLEITER: Well, filing is always up to the 20 plaintiff to where they can file. We cannot tell them where 21 to file. I'd say it's a defendant issue. But they're in our 22 precinct; they're actually filing correctly. 23 COMMISSIONER LETZ: Yeah. I guess -- I mean, I 24 have a problem just spending money because of workload that 25 can be spread around. I just -- just can't ago long with 1-12-09 26 1 that until we try other avenues of telling the school, "I'm 2 sorry, you have to use some other J.P.'s." I mean, for their 3 convenience, I'm not willing to spend additional taxpayer 4 moneys. On the hospital issue, I mean, yes, that is a burden 5 for your district, and that's something you can't really get 6 out of, but I can also say that that's been in Precinct 3 for 7 many, many years until it just got moved. 8 JUDGE BILLEITER: No, it's been in Precinct 1. 9 COMMISSIONER LETZ: That was a mistake, then. The 10 hospital has been in Precinct 3 until it got moved. 11 JUDGE BILLEITER: I wish somebody would have told 12 me that. (Laughter.) 13 COMMISSIONER BALDWIN: Jeannie -- Ms. Auditor? 14 MS. HARGIS: Uh-huh. 15 COMMISSIONER BALDWIN: Can you identify where some 16 moneys might be to move into this slot? 17 MS. HARGIS: Not -- I mean, we've talked about it, 18 but I was under the impression he was going to ask for, you 19 know, additional money. Our budget's pretty tight. I mean, 20 I would have -- at this stage of the game, you know, I could 21 take it from another area, but I'm not sure that we might not 22 have to pay that area back. And we were also talking about 23 strictly a contract person here. Not an employee, just a 24 contract. 25 JUDGE TINLEY: Temporary part-time is what you're 1-12-09 27 1 talking about, essentially? 2 MS. HARGIS: Yeah. So -- we weren't going to put 3 them on the system, so there weren't any benefits involved. 4 Because if we do that, then the cost will go up. 5 COMMISSIONER WILLIAMS: Are there tax run-ups on 6 that? 7 MS. HARGIS: For the person? 8 COMMISSIONER WILLIAMS: On a contract basis. 9 MS. HARGIS: No -- tax write-off for us? 10 COMMISSIONER WILLIAMS: Tax run-ups. Social 11 Security, Medicare. 12 MS. HARGIS: Yes. Yes, if we put them part-time, 13 we've got to pay FICA; we've got to pay retirement, because 14 retirement system says -- you know, we don't have to offer 15 them insurance, but we would have to pay the other half of 16 their Social Security, which is 7.65. The other half of 17 retirement is -- you're looking at probably another 18 20 percent, and an additional $2.57 or .67 an hour. So I 19 think, you know, that -- that we were just going with a 20 contract, as-needed type basis, with a maximum being 6,000, 21 you know. 22 COMMISSIONER WILLIAMS: So, now we're what, 15, 16 23 bucks an hour? 24 MS. HARGIS: No. Probably -- well, probably 14 -- 25 13, 14. 20 percent plus another $2. 1-12-09 28 1 COMMISSIONER LETZ: I'm not in favor of doing it -- 2 of doing this, period, but if the Court chooses to do it, 3 look at the other J.P.'s; take it from some of their funds if 4 they're not doing their jobs. 5 COMMISSIONER BALDWIN: No, that's -- 6 COMMISSIONER WILLIAMS: That's an idea worth 7 looking at. 8 COMMISSIONER BALDWIN: I don't think that's the 9 case, Jon. I don't think it's the case that they're not 10 doing their job. These -- like, D.P.S. and the school is 11 choosing to file in this court -- this particular court, 12 because they choose not to file in these other courts. 13 COMMISSIONER LETZ: Well, that's -- then tell them 14 they need to start either paying or filing in the other 15 courts. I just -- I just don't see why we should add a 16 person -- 17 COMMISSIONER BALDWIN: Call up D.P.S. and say, "You 18 have to pay for it." 19 JUDGE BILLEITER: D.P.S. is filing correctly. 20 COMMISSIONER BALDWIN: Incorrectly? 21 JUDGE BILLEITER: They're filing correctly. 22 COMMISSIONER BALDWIN: Oh, correctly. 23 JUDGE BILLEITER: Yeah. Now, somebody else is 24 going to have to tell the schools. I can't tell them -- we 25 can't tell them; somebody else is going to have to tell them 1-12-09 29 1 they need to file in a different -- 2 COMMISSIONER WILLIAMS: Well, I think that's up to 3 us to tell each school that we have in our jurisdiction. 4 JUDGE BILLEITER: I think what you may find -- and 5 I'm not sure of this, but what you may find is when this 6 happens, you're going to have another J.P. up here asking for 7 part-time help. 8 COMMISSIONER WILLIAMS: They may get the same 9 answer. 10 JUDGE TINLEY: I guess -- 11 JUDGE BILLEITER: I agree. I wish -- I hope -- I 12 would like to see the school pay part of this. That would be 13 great if we can work that out. 14 COMMISSIONER WILLIAMS: The problem with them 15 paying part of it now is that they're going to decry it 16 because they won't have it in their budget, and as 17 Commissioner Baldwin noted, how it's a big deal to get into a 18 budget, blah, blah, blah. Just the same with -- same issues 19 that we face. 20 JUDGE BILLEITER: I understand. 21 JUDGE TINLEY: Well, unless we can -- unless we can 22 find some methodology that's lawful by which we can require 23 them to put up a court cost deposit, for example, to fund 24 this kind of situation, they have no legal obligation, so 25 they can file wherever they want to. They can file in the 1-12-09 30 1 wrong county if they want to. But what I'm hearing from the 2 judge is that, what does he do in the meantime? He's got 3 this thing crashing over his ears. He wants a temporary 4 part-time employee so that he can solve this problem on his 5 hands. And -- 6 COMMISSIONER LETZ: Judge, but I don't see any -- 7 any statements from the judge that he's going to go to the 8 schools and try to solve the problem, or talk to the -- 9 JUDGE BILLEITER: I can't. 10 MR. EMERSON: You know, another option, gentlemen, 11 would be to get an interlocal agreement with the schools 12 where they would voluntarily give up their half of the fines 13 to go to the court to help cover the cost of this. 14 COMMISSIONER WILLIAMS: That's a good suggestion. 15 What is the -- what is typical fine? 16 JUDGE BILLEITER: $200 -- yeah, $200 plus court 17 costs. 18 COMMISSIONER WILLIAMS: And that's split 19 fifty-fifty between the county and school district? 20 JUDGE BILLEITER: If we collect on the fine. 21 COMMISSIONER WILLIAMS: That's a great suggestion. 22 COMMISSIONER OEHLER: How many cases? 23 JUDGE BILLEITER: How many cases? 24 COMMISSIONER OEHLER: How many cases? 25 JUDGE BILLEITER: Last month we had over 50. 1-12-09 31 1 JUDGE TINLEY: How many do you collect the fines 2 on? 3 JUDGE BILLEITER: I don't know. Not that many. 4 JUDGE TINLEY: Less than 50 percent, probably. 5 JUDGE BILLEITER: Yeah. A lot of them, we have 6 community service. Some of them are -- a lot of them are 7 indigent, a lot of the kids we see. So, yeah, there's not 8 that much fine collected. 9 COMMISSIONER LETZ: I don't -- I don't understand 10 why you think it's not proper for you to tell the schools 11 they should file these in their precincts. 12 JUDGE BILLEITER: We cannot. You can. We can't 13 bring up the question. I think Judge Tinley understands 14 that. That's a defendant issue. 15 COMMISSIONER LETZ: Oh, okay. 16 COMMISSIONER OEHLER: So, then, in reality, we 17 couldn't do it anyway. We couldn't force them. 18 JUDGE TINLEY: You can't force them. I don't see 19 how you can force them. 20 COMMISSIONER OEHLER: So, nothing's going to 21 change. 22 COMMISSIONER LETZ: Well -- 23 COMMISSIONER OEHLER: More than likely. 24 JUDGE TINLEY: The speed of which those cases move 25 may change if there's a -- if there's a bottleneck in that 1-12-09 32 1 court. 2 COMMISSIONER LETZ: But I think we just make the 3 problem worse, in my mind, if we're not -- we need to look at 4 this as a budget issue next year. I mean, if -- if -- and 5 I'm sure they're doing it for a reason, because you're doing 6 a great job with it, and that should be commended. But if 7 these things are being filed in your court, and it gets worse 8 and worse, and you're getting more and more of the cases 9 because, for whatever reason, people like filing in your 10 court, I mean, that's a problem. It's just going to get 11 worse and worse. I don't think this is a solution, hiring a 12 part-time person. You need to try to get them filed in the 13 right courts. 14 COMMISSIONER WILLIAMS: Well, there is a sense of 15 urgency with respect to a truancy case. You want to hear it 16 and get the kid back in school. 17 JUDGE BILLEITER: As soon as possible. 18 COMMISSIONER WILLIAMS: As soon as possible. So, 19 you know, I'm inclined to agree with you, judge, on a 20 temporary basis, to do this, and leave it up to us to try to 21 work with the school districts to make the change. They're 22 not going to make a change overnight. I think it could be 23 two or three months to get a change made. 24 COMMISSIONER OEHLER: How much money are we talking 25 about? 1-12-09 33 1 JUDGE BILLEITER: If they began in January, we're 2 looking at a little over $6,000. 3 COMMISSIONER OEHLER: January till budget time? 4 JUDGE BILLEITER: Yes. Yes. 5 COMMISSIONER WILLIAMS: There's probably -- 6 according to Ms. Hargis, you know, that's probably not -- 7 it's probably higher than that. 8 COMMISSIONER LETZ: More like $9,000, probably. 9 MS. HARGIS: No, it's -- 10 JUDGE BILLEITER: This would be contract. 11 MS. HARGIS: -- contract. That's a contract 12 figure. Probably going to be less; it's going to be around 13 6,000, 'cause we figured as of January 1, and this is already 14 the 12th. 15 SHERIFF HIERHOLZER: You said you hear how many? 16 JUDGE BILLEITER: We had over 50 last month. 17 SHERIFF HIERHOLZER: So, if you collect fines on 18 five a month for a year, that's 6,000. 19 JUDGE BILLEITER: I don't think we collect that 20 many fines. 21 MS. HARGIS: No. 22 SHERIFF HIERHOLZER: Five a month? 23 JUDGE BILLEITER: A lot of them -- some of them we 24 end up transferring to the juvenile court. 25 COMMISSIONER WILLIAMS: Well, you got -- if you put 1-12-09 34 1 this into play by February 1, you got eight months left in 2 this budget year. 3 JUDGE BILLEITER: Yes, sir. 4 COMMISSIONER WILLIAMS: So, plenty of time to try 5 to work it out. 6 COMMISSIONER OEHLER: Take it out of jailers' 7 salaries. 8 SHERIFF HIERHOLZER: No openings. 9 COMMISSIONER LETZ: You can always fund it for two 10 months; you have a lot better chance to encourage them to get 11 it out quicker. 12 COMMISSIONER OEHLER: You can take it out of 13 Rusty's gas and oil line item. 14 SHERIFF HIERHOLZER: Yeah, right. 15 COMMISSIONER OEHLER: 'Cause he's got twice more 16 than what he needs, based on today's price. 17 COMMISSIONER WILLIAMS: May work it out in two or 18 three months; that's okay. 19 SHERIFF HIERHOLZER: Road and Bridge gas and oil 20 sounds good. (Laughter.) Where's Len? 21 JUDGE TINLEY: Diesel fuel hasn't declined that 22 much, I don't think. 23 COMMISSIONER OEHLER: $2.40 -- 24 SHERIFF HIERHOLZER: It declined quite a bit. 25 COMMISSIONER OEHLER: -- a gallon. 1-12-09 35 1 COMMISSIONER WILLIAMS: Keep talking, Sheriff. 2 SHERIFF HIERHOLZER: Well, we do have an issue on a 3 reservist that will be coming back in March that the County's 4 going to have to pay a salary for. 5 COMMISSIONER BALDWIN: Wait a minute, now. We're 6 getting way off base here. 7 JUDGE TINLEY: Yeah. 8 SHERIFF HIERHOLZER: I'm just saying we have an 9 issue. 10 COMMISSIONER BALDWIN: Elbow him. Ms. Auditor, 11 would it be fair to ask you if we -- we put this off, but we 12 want to deal with it today, if you could go and take a closer 13 peek and see if there's maybe some funds somewhere that we 14 could move to do this on a temporary basis? 15 MS. HARGIS: I'm sure we can find some -- 16 COMMISSIONER BALDWIN: That's all you need to say. 17 JUDGE TINLEY: Good enough. 18 COMMISSIONER BALDWIN: That's good enough for me. 19 COMMISSIONER OEHLER: Well, we could take it out of 20 his gas line item. 21 COMMISSIONER WILLIAMS: 1,500 out of each J.P. 22 takes care of it. 23 (Low-voice discussion off the record.) 24 COMMISSIONER BALDWIN: So, do we want the Auditor 25 to come in with specific amounts before we approve anything? 1-12-09 36 1 COMMISSIONER WILLIAMS: Ask your question again? 2 What? 3 COMMISSIONER BALDWIN: Do we want the Auditor to 4 come in with specific amounts of money that has been found in 5 certain accounts that's going to be moved to -- and going to 6 probably create an account number in his office? Do we want 7 to wait to make sure all that's done before we approve it? 8 JUDGE TINLEY: Either that, or you can move to 9 approve, with funding to come at the discretion of the 10 Auditor to plug in the source of funds, one or the other. 11 COMMISSIONER BALDWIN: Second. 12 COMMISSIONER OEHLER: That starts to open the gate 13 for -- 14 COMMISSIONER WILLIAMS: I think we ought to have -- 15 we have a time limit, and we ought to set up a mechanism by 16 which we all try to make the changes to get this spread out. 17 COMMISSIONER BALDWIN: I agree with that. I agree 18 with it. And you start by the Auditor coming in and saying, 19 I've found -- "I have $6,000 that's in such-and-such line, 20 and we want to move it. I'm going to create..." I think the 21 Auditor has the authority to create a line inside the J.P.'s 22 budget, and create that line and that number. And my 23 recommendation is she would say, -- sayeth the Auditor; 24 that's Old Testament talk -- "Move $6,000 from line so-and-so 25 to line so-and-so." 1-12-09 37 1 COMMISSIONER OEHLER: And be authorized to do so by 2 this Court, and not just to leave it to her discretion. 3 COMMISSIONER BALDWIN: No, that's exactly -- her 4 come in here and do it. And I -- 5 COMMISSIONER OEHLER: I'm not moving anything 6 discretionally. 7 COMMISSIONER BALDWIN: No, I agree with that. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER BALDWIN: But -- and that's the start 10 of doing -- doing those things. Then -- then we can decide 11 whether we're going to go to the respective school districts 12 and visit with them. But if you guys would come to work like 13 I do every day, you'd find them out here in the hallway. 14 COMMISSIONER WILLIAMS: I see them every time I'm 15 here. 16 COMMISSIONER BALDWIN: Okay. You don't have to 17 yell, Bill. I'm sitting right here. (Laughter.) 18 COMMISSIONER LETZ: And if we -- then we just have 19 to go through this whole process again if they start being 20 filed in Precinct 3. Precinct 3 gets the money; then we move 21 this person to Precinct 3, then? 22 COMMISSIONER BALDWIN: Yeah. That ain't going to 23 happen, so I'm real, real, real safe in saying yes. That 24 will not happen. 25 COMMISSIONER LETZ: Precinct 3 is not going to 1-12-09 38 1 handle any of these? The high school's not going to file -- 2 COMMISSIONER BALDWIN: This whole thing will not 3 transfer to Precinct 3, I'll assure you. 4 COMMISSIONER LETZ: Are you telling me that you're 5 saying that the school refuses to put a -- file them where 6 they're supposed to file them? 7 COMMISSIONER BALDWIN: No, I don't think there's a 8 refusal, but -- 9 COMMISSIONER LETZ: If -- someone said earlier 10 they're supposed to file them in their precinct, which is 11 Precinct 3, and if they're refusing to do it, they're making 12 the other -- you know, going to file it where legally they 13 can't -- 14 COMMISSIONER BALDWIN: You're using the word 15 "refusing." No. 16 COMMISSIONER WILLIAMS: "Chooses" is a better word. 17 COMMISSIONER BALDWIN: "Chooses" may be a better 18 word. 19 JUDGE BILLEITER: They can file in the precinct 20 which the school is in or in which the school student lives. 21 There's two things. 22 COMMISSIONER LETZ: So, all of them live in your 23 precinct, every truancy? 24 JUDGE BILLEITER: No, I'm not saying -- I'm saying 25 that's what the law says. 1-12-09 39 1 COMMISSIONER LETZ: Then they're not following the 2 law. They're not -- every truant in school clearly isn't in 3 your precinct. 4 JUDGE BILLEITER: I only have a few schools in my 5 precinct, I think. 6 COMMISSIONER LETZ: Right. The school's not in 7 your precinct, and all the truant cases are not in Precinct 8 1, I would doubt. Therefore, the schools are not following 9 the law. That's what you're -- that's what you're telling 10 me. And we're making a problem just saying okay -- it's 11 okay, and it just doesn't make sense to me. 12 COMMISSIONER WILLIAMS: Does the law give the 13 school an option, or is that just -- are they just doing it 14 by certain -- 15 JUDGE BILLEITER: Any time -- I think it's been -- 16 it's been done that way for many years now. Now, Center 17 Point just started filing with us last year. The first year 18 when I was appointed as J.P., they started filing with us. I 19 don't know why. 20 COMMISSIONER WILLIAMS: I can find out. 21 JUDGE BILLEITER: But they did. And I have a good 22 rapport with the Center Point people. 23 SHERIFF HIERHOLZER: That's why. 24 JUDGE BILLEITER: But, you know, if they want to -- 25 if the other judges want to hear it, that's fine. I have no 1-12-09 40 1 objection to that. I mean, I'm usually here from 1:30 in the 2 afternoon to 5 o'clock in the afternoon hearing these cases. 3 That -- you know, so -- 4 JUDGE TINLEY: Well, Ms. Hargis, take a look at 5 some of the numbers that you think might be appropriate, and 6 maybe later on today, after we get through the rest of the 7 agenda, we'll come back to that if you've got something 8 that'll enlighten us, okay? Let's move on to our 9:30 9 item, -- 10 JUDGE BILLEITER: Appreciate your consideration. 11 JUDGE TINLEY: -- if we might. Thank you. 9:30 12 item will to be open bids received from the RFP for mass 13 notification services, and distribute to appropriate 14 personnel to begin review and evaluation process. 15 COMMISSIONER WILLIAMS: What number is that, Judge? 16 JUDGE TINLEY: That's Number 4. 17 COMMISSIONER BALDWIN: Oh. 18 JUDGE TINLEY: We're right on the line here. 19 COMMISSIONER OEHLER: I've got a real knife, Judge. 20 Or do you have one? 21 JUDGE TINLEY: I've got one, but I wouldn't clarify 22 it as a "real" one. 23 COMMISSIONER OEHLER: Here, try that one. Don't 24 cut yourself. I'm not liable if you cut yourself. That's 25 the wrong blade. There's a longer one in there. There you 1-12-09 41 1 go. 2 JUDGE TINLEY: You promise I won't hurt myself? 3 COMMISSIONER OEHLER: I'm not promising anything 4 about the operation. 5 JUDGE TINLEY: I see. 6 (Commissioner Baldwin left the courtroom.) 7 COMMISSIONER OEHLER: It's not the machine; it's 8 the operator. 9 COMMISSIONER LETZ: Rex, while we're waiting for 10 the Judge to open this, can you find out -- can you get me a 11 copy of the law that says where these schools file? The 12 statute, so I can attach that to my letter to the school. 13 JUDGE TINLEY: The first -- first bid opened is 14 from Blackboard Connect, Incorporated, I-N-C. Let's see if I 15 can -- there's a disk in here. There is an original and a 16 number of copies. 17 COMMISSIONER OEHLER: Let me have my knife back; 18 I'll open them for him. 19 (Low-voice discussion off the record.) 20 JUDGE TINLEY: First year annual cost, 118,453.20. 21 I'm sure there's some qualifiers on that, but that's the base 22 number. 23 COMMISSIONER LETZ: Use my knife so you don't cut 24 yourself. 25 COMMISSIONER WILLIAMS: What was the base number on 1-12-09 42 1 that? 2 COMMISSIONER LETZ: 118. 3 JUDGE TINLEY: 118. 4 COMMISSIONER LETZ: 118,000, first year. 5 SHERIFF HIERHOLZER: First year. 6 COMMISSIONER LETZ: They got a little pull tab on 7 those things? 8 JUDGE TINLEY: Looks like it. Let me get my 9 glasses on. 10 COMMISSIONER OEHLER: Tell you what, you wouldn't 11 be worth a flip to open gifts. 12 (Low-voice discussion off the record.) 13 COMMISSIONER LETZ: How many you got back there? 14 SHERIFF HIERHOLZER: We have about three more after 15 that. 16 JUDGE TINLEY: Almost need a crowbar to get into 17 these things. 18 COMMISSIONER OEHLER: Easy, now. Easy. 19 JUDGE TINLEY: The next one is from 21st Century 20 Communications. Oh there's a whole bunch of different prices 21 here. One-time set up fee, annual recurring fee, per-call 22 charge. 23 (Commissioner Baldwin returned to the courtroom.) 24 JUDGE TINLEY: Optional charges, training. I'm not 25 sure I can legitimately tell you what the turnkey is. 1-12-09 43 1 COMMISSIONER BALDWIN: Is this the first one? 2 COMMISSIONER WILLIAMS: Second one. First one was 3 118,000. 4 JUDGE TINLEY: Okay. Third one is from Intrado, 5 Incorporated, I-N-C. 6 (Low-voice discussion off the record.) 7 JUDGE TINLEY: Here, again, there are a number of 8 individual pricing numbers, per-call basis, training. I 9 really can't give you a turnkey. 10 COMMISSIONER WILLIAMS: Who is that one from, 11 Judge? 12 JUDGE TINLEY: Intrado, I-n-t-r-a-d-o, Inc. 13 COMMISSIONER BALDWIN: Who is it that they train? 14 SHERIFF HIERHOLZER: What? 15 COMMISSIONER BALDWIN: Who is it that they train? 16 SHERIFF HIERHOLZER: Probably Sheriff's Department. 17 COMMISSIONER BALDWIN: Sheriff's Department, 911 18 system and all that? 19 SHERIFF HIERHOLZER: It would come through, but we 20 would be the ones activating and using it. It would come out 21 of the Sheriff's Department. 22 JUDGE TINLEY: The next one -- 23 COMMISSIONER WILLIAMS: We might have the I.T. guy 24 get a little training, too. 25 JUDGE TINLEY: The next one is for -- is from 1-12-09 44 1 Simplex Grinnell. Various pricing options. With a 2 three-year contract with 5,000 minutes usage, 95,696. 3 Unlimited usage, 124,527. And there are various options on a 4 per-call basis. 5 JUDGE TINLEY: Next one is from Code Red. 6 (Low-voice discussion off the record.) 7 JUDGE TINLEY: This one states in its pricing 8 section, under Option 1, annual Kerr County total, $10,000. 9 Under Option 2, unlimited, total $17,500. Option 3, annual 10 Kerr County total, $25,000. Then there's a weather warning 11 and pricing. Standard annual Kerr County total, 35,000. 12 COMMISSIONER BALDWIN: Three options on that one. 13 Did we bid three options? I mean, how -- how is this 14 happening like this? 15 JUDGE TINLEY: You'll have to ask somebody that 16 knows, Commissioner. 17 COMMISSIONER BALDWIN: That's what I was afraid of. 18 COMMISSIONER WILLIAMS: Well, we put a lot of 19 different contingencies into -- am I correct, Jody? -- a lot 20 of contingencies into the bid process, and so I guess they're 21 responding accordingly. 'Cause there's a lot of different 22 options you can have in terms of use, so we tried to cover 23 all the bases. 24 JUDGE TINLEY: This next one is from Avtex, L.L.C. 25 It's City Watch Notification Solutions. Pricing, unlimited 1-12-09 45 1 calling, 36,000. Emergency calling or unlimited calling, 2 72,000. Multi-year discounts -- it'll speak for itself. 3 COMMISSIONER LETZ: I move we accept all bids and 4 refer them to the Sheriff for -- 5 COMMISSIONER BALDWIN: Refer them to somebody. 6 COMMISSIONER LETZ: -- for analysis and 7 recommendation. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE TINLEY: Motion made and seconded to accept 10 all bids and refer them to the Sheriff for evaluation and 11 recommendation. 12 COMMISSIONER BALDWIN: And -- 13 JUDGE TINLEY: Question or discussion on the 14 motion? 15 COMMISSIONER BALDWIN: Sheriff, are you going to 16 get somebody to help you look at that? 17 SHERIFF HIERHOLZER: I'm going to get Commissioner 18 Williams and Mr. DelToro, and probably the County Attorney is 19 going to have to help interpret these. 20 COMMISSIONER WILLIAMS: And the I.T. guy. 21 SHERIFF HIERHOLZER: And the I.T. guy, yes. 22 COMMISSIONER BALDWIN: That's a pretty good little 23 committee right there. 24 SHERIFF HIERHOLZER: We're going to have that, so 25 don't expect them back for several weeks. 1-12-09 46 1 JUDGE TINLEY: Further question or discussion on 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion carries. We'll move to 8 Item 5; consider, discuss, take appropriate action to appoint 9 Lee Fry as a member of the Kerr County Child Services Board. 10 Commissioner Baldwin? 11 COMMISSIONER BALDWIN: Mr. Fry is not in the room. 12 I move that we appoint Mr. Fry as a member of the Kerr County 13 Child Services Board. 14 COMMISSIONER WILLIAMS: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? 17 COMMISSIONER BALDWIN: I just want to make a 18 comment. Mr. Fry moved here to our community from -- from 19 east Texas, and one of these young retirees that's real 20 dynamic. On his card, he says he's a professional volunteer. 21 So, he -- he's an interesting fellow, and we want to get him 22 on this board, get him going as quickly as possible. 23 JUDGE TINLEY: Further question or discussion on 24 the motion? All in favor of the motion, signify by raising 25 your right hand. 1-12-09 47 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. We'll move 5 to the next item; consider, discuss, take appropriate action 6 on the request from appointed and elected officials to 7 appoint clerks and assistants for their offices pursuant to 8 Local Government Code, Chapter 151. This is a follow up to 9 some of the action taken at our meeting of the 1st of this 10 year, or last year, in which we authorized appointment of 11 assistants, deputies, clerks, et cetera, for various offices 12 in accordance with the personnel schedule, I believe, that we 13 had as part of the budget approval process. 14 COMMISSIONER WILLIAMS: Move approval. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval. Question or discussion? All in favor of the 18 motion, signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. We'll move 23 to Item 7; consider, discuss, take appropriate action to 24 amend Court Order Number 31141, reappointing Garland Reece 25 and Perrin Wells for three-year terms to the Board of 1-12-09 48 1 Commissioners for the Emergency Services District Number 2. 2 The term should be two years. 3 COMMISSIONER OEHLER: I made a mistake. I move 4 approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item. Question or discussion. 8 COMMISSIONER BALDWIN: That's two years, not three 9 years? 10 COMMISSIONER OEHLER: Two years each. Two-year 11 terms for each one instead of three. I was wrong on the 12 three-year term. 13 JUDGE TINLEY: Further question or discussion? All 14 in favor of the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. We'll move 19 to Item 9; consider, discuss, take appropriate action on 20 reducing registration fees during the rabies drive. 21 Ms. Roman? 22 MS. ROMAN: Good morning. Our 2009 rabies drive 23 this year will be February 7th from 1:00 to 3:00. Same 24 locations as they have been in the past. Same vets will be 25 out at these locations. And we're just asking that the 1-12-09 49 1 registration fees be reduced to $1. 2 COMMISSIONER OEHLER: Move approval. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? All in favor of the 6 motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. We'll move 11 to -- 12 MS. ROMAN: Thank you. 13 JUDGE TINLEY: -- Item 10; consider, discuss, and 14 take appropriate action on request from Heart of the Hills 15 Barrel Racing Association to be added to the nonprofit list 16 for use of the indoor arena at the Hill Country Youth Exhibit 17 Center. Commissioner Oehler? 18 COMMISSIONER OEHLER: I was contacted by Ms. Wetz 19 and asked to place this on the agenda to add Heart of the 20 Hills Barrel Racing Association to that list of nonprofits so 21 that they can get a reduced fee for use. 22 COMMISSIONER LETZ: Do they meet our criteria or 23 whatever? 24 COMMISSIONER OEHLER: She claims she does. And I 25 asked them if they were a 501(c)(3), a nonprofit 1-12-09 50 1 organization. She assured me they were. I told her she 2 needed to produce that information. Move approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? 6 MS. GRINSTEAD: Can you clarify what that's going 7 to be on the indoor arena? The exhibit hall, we take off the 8 rental fee, which is $350. We haven't ever done a 501(c)(3) 9 for the indoor arena, so I don't know if you want to waive 10 the $500 rental fee or the $300 setup fee, or how you want to 11 do it. 12 COMMISSIONER OEHLER: I would say the rental fee 13 would be whatever nonprofit -- what is that, 50 percent -- 14 MS. GRINSTEAD: No. 15 COMMISSIONER OEHLER: -- of the rental to -- 16 COMMISSIONER LETZ: She's shaking her head. 17 MS. GRINSTEAD: We're not doing percentages any 18 more. We just did on the nonprofit for -- I guess we're 19 doing percentages -- you guys have done it at the Union 20 Church. But out at the exhibit hall -- 21 JUDGE TINLEY: We're getting outside the agenda 22 item here. 23 COMMISSIONER OEHLER: Approve this and worry about 24 the other later. 25 COMMISSIONER BALDWIN: How are we outside the 1-12-09 51 1 agenda item? 2 JUDGE TINLEY: 'Cause the County Attorney said we 3 are. (Laughter.) 4 COMMISSIONER BALDWIN: Can we get another opinion? 5 JUDGE TINLEY: You're free to solicit. 6 SHERIFF HIERHOLZER: I can give you one, Buster. 7 (Laughter.) 8 COMMISSIONER BALDWIN: Well, I mean, this -- this 9 conversation is a part of the -- 10 MR. EMERSON: The agenda item is strictly whether 11 to add them to the nonprofit list or not. It doesn't saying 12 anything about the calculation of fees or -- 13 COMMISSIONER BALDWIN: Oh my god. 14 MR. EMERSON: -- certification of fees. 15 COMMISSIONER OEHLER: We'll put an item on the next 16 agenda to address the rest of the problems associated with 17 this request. 18 COMMISSIONER BALDWIN: Okay. 19 COMMISSIONER OEHLER: Move approval. 20 THE CLERK: You have a motion and a second. 21 JUDGE TINLEY: We have a motion and a second for 22 approval of the agenda item. 23 COMMISSIONER OEHLER: There you go. 24 JUDGE TINLEY: Question or discussion? All in 25 favor of the motion, signify by raising your right hand. 1-12-09 52 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. We'll move 5 to Item 11; consider, discuss, take appropriate action to 6 approve amendment to interlocal agreement for firefighting 7 services between City of Kerrville and Kerr County for FY 8 '08-'09, with the inclusion of a provision which requires the 9 Fire Marshal for the City of Kerrville to perform inspection, 10 certification, or similar services for facilities outside of 11 the corporate limits of the city of Kerrville, with cost or 12 fees for any such services to be paid by the person or entity 13 requesting or requiring such services, and paid directly to 14 the City of Kerrville. Gentlemen, I'd ask that you pass this 15 item. I jumped the gun on it. I've got some more work to do 16 with the folks over at the City. And in the meantime, 17 they've had some personnel changes, and their ability to be 18 able to handle this may be in question now, so I'd ask that 19 we pass that. And -- 20 COMMISSIONER LETZ: Is there -- can I ask what the 21 personnel changes are? Probably not. 22 JUDGE TINLEY: You can ask. Can I answer? 23 COMMISSIONER OEHLER: No. 24 COMMISSIONER LETZ: Yeah, that's part of this, as 25 to why we're passing. 1-12-09 53 1 MR. EMERSON: Probably could. 2 JUDGE TINLEY: They have recently lost their Fire 3 Marshal. 4 COMMISSIONER LETZ: The new one? 5 JUDGE TINLEY: I mean, they didn't misplace him. 6 (Laughter.) He's no longer on the payroll. 7 COMMISSIONER OEHLER: He's not hiding from them. 8 COMMISSIONER WILLIAMS: He fell off the turnip 9 truck. 10 COMMISSIONER LETZ: He has not been there very 11 long, correct? 12 COMMISSIONER WILLIAMS: No, he hasn't been there 13 very long. 14 MS. HARGIS: No. 15 JUDGE TINLEY: Let's move to Item 12; consider, 16 discuss, and take appropriate action to approve grant 17 agreement between Texas Water Development Board and Kerr 18 County for Center Point/Eastern Kerr County wastewater 19 project. Commissioner Williams, this one's yours. 20 COMMISSIONER WILLIAMS: Thank you, sir. It's a 21 long time coming, but here is the agreement with the Texas 22 Water Development Board. I sent it to the County Attorney 23 for his review, and he has done so. This is to set -- get 24 our process under way officially, and -- and very 25 importantly, and the amount is $178,500. The Court will 1-12-09 54 1 remember that we also are obligated for a 25 percent match, 2 which has been encumbered. I checked with the Auditor about 3 all of that. So, what we're doing today is approving the -- 4 the agreement, asking the County Judge to sign same, for 5 $178,500 for the first phase of work. I so move. 6 COMMISSIONER LETZ: Second, with a question. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion on that motion? 9 COMMISSIONER LETZ: And what do we get for this? 10 What is the outcome? 11 COMMISSIONER WILLIAMS: This is the facility plan, 12 which is phase -- the first phase of a four -- about a -- 13 could be a three- or a four-phased process with Water 14 Development Board for the Center Point/Eastern Kerr County. 15 COMMISSIONER LETZ: So, the first grant, which is 16 done, -- 17 COMMISSIONER WILLIAMS: That was a planning grant. 18 COMMISSIONER LETZ: -- that was kind of a 19 feasibility? 20 COMMISSIONER WILLIAMS: That led us to this 21 application. 22 COMMISSIONER LETZ: And this is a -- I'm trying to 23 figure out the outcome of this. We will get a -- a plan that 24 then we can go out to -- for bids on? 25 COMMISSIONER WILLIAMS: No, we'll get a plan that 1-12-09 55 1 will give us the total project anticipated cost, et cetera, 2 et cetera, et cetera, et cetera. This does environmental, 3 does archeological. This could engage the Texas Department 4 of Health for an emergency declaration of whatever their 5 declaration is, and so forth, to keep us eligible for EDAP. 6 This is the very important first phase. 7 COMMISSIONER LETZ: And then after this is -- then 8 we go out for the actual planning grant? 9 COMMISSIONER WILLIAMS: The second phase could be 10 acquisition, and the -- usually is acquisition-slash-design. 11 COMMISSIONER LETZ: What's acquisition? 12 COMMISSIONER WILLIAMS: Acquisition of easements, 13 et cetera, et cetera. 14 COMMISSIONER LETZ: Oh, okay. 15 COMMISSIONER WILLIAMS: Property. 16 Acquisition-slash-design. And then the next phase is 17 construction. 18 COMMISSIONER LETZ: Okay. 19 JUDGE TINLEY: Other questions or discussion on the 20 motion? All in favor of the motion, signify by raising your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. We'll move 1-12-09 56 1 to Item 13; consider, discuss, and take appropriate action to 2 approve the wastewater facility plan contract between Kerr 3 County and Tetra Tech, Incorporated, for Center Point/Eastern 4 Kerr County Wastewater Project. Commissioner Williams? 5 COMMISSIONER WILLIAMS: Yes, sir. This is a 6 companion. After we've got the funding from Tetra Tech -- I 7 mean from Water Development Board, then we need the engineer 8 on board to do the work. Tetra Tech was selected by the 9 Court, as you may recall, to get us through this project. On 10 September 24th of '07, having gone through the RFP process, 11 the Court selected Tetra Tech. This is the contract that 12 will be for $178,500. We'll back at a later date with 13 another proposal to the Court with respect to our match and 14 how we -- how we do all that. But this is for the base 15 contract to do this work, which is the very extensive scope 16 of work that's contained in this documentation that I gave 17 the Court. Move approval. 18 COMMISSIONER LETZ: Second. 19 JUDGE TINLEY: Motion made and seconded. Question 20 or discussion on the motion? 21 COMMISSIONER LETZ: But they can't -- they're not 22 going to start doing anything till we do the second part of 23 where our money -- or is our money -- I mean, it's budgeted? 24 COMMISSIONER WILLIAMS: Our money is encumbered 25 from last year's budget, yes, sir. Our -- our 25 percent on 1-12-09 57 1 top of the 178 is encumbered and available for expense. 2 COMMISSIONER LETZ: But -- so -- I mean, but the -- 3 their work covers the 178 plus the 25? 4 COMMISSIONER WILLIAMS: Their work basically covers 5 the 178,5. Then there'll be project manager things that you 6 and I are going to talk about that will come back later. 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER WILLIAMS: The scope of their contract 9 is 178,5. 10 COMMISSIONER LETZ: Okay. 11 JUDGE TINLEY: Which includes the Water Development 12 Board's funding? 13 COMMISSIONER WILLIAMS: Yes, sir. 14 JUDGE TINLEY: Further question or discussion? 15 COMMISSIONER LETZ: I think I understand. 16 JUDGE TINLEY: All in favor of the motion, signify 17 by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: That motion does carry. 22 COMMISSIONER WILLIAMS: And that conveys within it 23 in both cases the County Judge signing these contracts and 24 getting them back to the proper authorities. 25 COMMISSIONER LETZ: Yes. 1-12-09 58 1 JUDGE TINLEY: Okay. We'll move to Item 14; 2 consider, discuss, and take appropriate action to appoint 3 Cheryl Thompson to ESD Number 1 Board of Commissioners for a 4 two-year term. 5 COMMISSIONER OEHLER: I move approval for that. 6 COMMISSIONER BALDWIN: Second. 7 COMMISSIONER OEHLER: She volunteered after being 8 asked. (Laughter.) 9 JUDGE TINLEY: Volunteered after being leaned on? 10 COMMISSIONER OEHLER: No. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: That motion does carry. Let's move 18 to Item 15; consider, discuss, take appropriate action to 19 approve declaring a roll shelf cabinet, Inventory Number 202, 20 and one file cabinet, Inventory Number 262, as surplus 21 property. Ms. Pieper? 22 MS. PIEPER: Gentlemen, these have been cleaned 23 out, and to get them out of my office, I need them declared 24 surplus. 25 COMMISSIONER LETZ: So moved. 1-12-09 59 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval. Question or discussion? 4 COMMISSIONER BALDWIN: Now, declaring for surplus 5 means that we can get rid of them. We can sell them or -- 6 MS. PIEPER: That is correct. 7 COMMISSIONER BALDWIN: -- whatever. And can -- 8 could they possibly be used somewhere else? 9 MS. PIEPER: It is possible. The Treasurer is 10 going to look at the file cabinet to see if she needs it. If 11 so, we can put it in her inventory. But as far as the roll 12 cabinet, -- 13 COMMISSIONER BALDWIN: Yeah. 14 MS. PIEPER: -- generally clerks are the only ones 15 that use that kind. And I asked Linda Uecker, and she 16 doesn't need it. 17 COMMISSIONER OEHLER: Is that the old cabinet setup 18 that you have in your office, or just one of those -- 19 MS. PIEPER: It's a big old -- 20 COMMISSIONER OEHLER: It's on tracks, and it's -- 21 MS. PIEPER: Yeah, a 6-foot, 8-foot thing that -- 22 COMMISSIONER OEHLER: So, that whole thing is going 23 to disappear out of your office? 24 MS. PIEPER: Yes. 25 COMMISSIONER WILLIAMS: That whole thing, tracks 1-12-09 60 1 and everything? All that stuff? 2 MS. PIEPER: It was that -- no, I think we're 3 talking about two different things. 4 COMMISSIONER OEHLER: That's why I'm asking. 5 MS. PIEPER: This is a -- like, a tilted table that 6 had -- that you put all kinds of books in. 7 COMMISSIONER WILLIAMS: Oh. 8 MS. PIEPER: That was sitting between my County 9 Court at Law section and my Land Department. 10 COMMISSIONER OEHLER: Oh, okay. 11 COMMISSIONER WILLIAMS: Not the big track -- 12 COMMISSIONER OEHLER: Not the big track shelf. 13 MS. PIEPER: No, that's still being used. 14 JUDGE TINLEY: Yeah. The roll -- she's talking 15 about the rollers where the big books slide in and out on 16 those rollers. 17 MS. PIEPER: Right. 18 COMMISSIONER OEHLER: Okay. 19 JUDGE TINLEY: Other question or discussion? All 20 in favor of the motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: The motion does carry. Let's go to 25 Item 16 on the addendum; consider, discuss, and take 1-12-09 61 1 appropriate action to adopt a resolution in support of Texas 2 Tech University acquiring continued funding from the Texas 3 Legislature. 4 COMMISSIONER OEHLER: I was -- 5 JUDGE TINLEY: Mr. Oehler? 6 COMMISSIONER OEHLER: I was asked by Fred Moseley, 7 who was going to be here this morning, who wanted this put on 8 the agenda. It's been adopted and approved by all other 9 school districts, City, and now they're asking the County to 10 bless it as well. And I don't know if we need to read this 11 into the record or not, or whether we can just not do that, 12 but if you would like, I will read it into the record. 13 JUDGE TINLEY: The resolution, of course, will 14 speak for itself, and you can have it attached as part of the 15 record if that's your desire, Commissioner. 16 COMMISSIONER OEHLER: I move that we -- we adopt 17 the resolution and we all sign as requested, and support the 18 Texas Tech Hill Country Education Network and Texas Tech 19 Center at Junction. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion on the motion? All in 23 favor of the motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 1-12-09 62 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Okay, we 3 have a 10:15 timed item. Consider, discuss, and take 4 appropriate action to adopt a resolution opposing the 5 wastewater discharge at Hill Country Camp on Harper Road. 6 Commissioner Baldwin? Do you wish to proceed with that this 7 morning? 8 COMMISSIONER BALDWIN: I do, sir. I just want to 9 make a comment on the thing, and this is going to -- it's 10 going to blow you away. But the attorneys for Hill Country 11 Camp called me and asked me to put this off so they can 12 prepare and have more time to drive to Kerrville and have a 13 conversation in this room, and I told them that I would do 14 that. Because, first of all, I'm a nice guy. And secondly, 15 I want to have -- on this issue, I want to have an open and 16 good conversation with all parties so everybody can 17 understand exactly where everybody is on the thing. So, 18 we're passing this for two more weeks, Ms. Grinstead. We'll 19 come back with it. Thank you. 20 JUDGE TINLEY: And as an additional basis for 21 passing that, you have great respect for lawyers? 22 COMMISSIONER BALDWIN: Absolutely, honoring all 23 lawyers. 24 SHERIFF HIERHOLZER: Oh. 25 COMMISSIONER BALDWIN: No, this is a real thing 1-12-09 63 1 this time, Rusty. 2 SHERIFF HIERHOLZER: Life is going to hit you on 3 the head, Buster. I've known you too long. 4 JUDGE TINLEY: Okay. Are we ready to come back to 5 Item 3, Ms. Hargis? 6 MS. HARGIS: Yes, sir. 7 JUDGE TINLEY: Okay. 8 MS. HARGIS: We can do -- just scanning through 9 Fund 10, most everybody is pretty much -- pretty close to 10 their budgets, or the items that they have on there. I'm not 11 really -- I don't feel comfortable in reducing. The only 12 place, and it was brought up earlier, that -- that we're, you 13 know, over budget at this particular time is in fuel. 14 COMMISSIONER WILLIAMS: Is where? 15 MS. HARGIS: In fuel. And the Sheriff says he has 16 something else he will have to bring, but for right now, we 17 can -- we also have the Animal Control and Environmental, all 18 of the agencies. But, you know, all the departments 19 basically budgeted a little higher on the fuel, as we all 20 recall. We can do four -- maybe $4,000 to the Sheriff's fuel 21 item and $1,000 each to the other two agencies -- 22 departments. And for right now, I think they would both be 23 fine. Their fuel's at 92 percent, and they have three months 24 in there, so we should be at 75 percent at this stage of the 25 game. That would be -- that's really the only place I see 1-12-09 64 1 right now. And -- 2 JUDGE TINLEY: The Sheriff has a comment on this. 3 SHERIFF HIERHOLZER: The only comment I have is 4 exactly what I told Ms. Hargis. In March, it has been 5 brought to my attention we will have our reservist that has 6 been gone for almost eight years now -- seven years, will be 7 back. I have no openings. Under that agreement -- and his 8 salary is not funded, and under the court order from several 9 years ago, he'll be brought back at whatever his salary is, 10 which is probably going to be between $40,000 and $50,000, 11 and then when I get an opening, we will not refill that 12 opening if I have one. Okay? And that was the agreement 13 from several years ago. So, that's going to be a $40,000 or 14 $50,000 hit in my salary budget this year that is not 15 budgeted for, and the fuel and some of those other places may 16 be where I can help cover those costs. Now, you know, I 17 agree, David needs this position too. But I hate to take -- 18 take it from one just to be back in here in a couple of 19 months saying we've got something else we've got to do. 20 'Cause that's only on -- the salary would be about $40,000 to 21 $50,000, whatever it is; I'd have to look at it again, but 22 then you do have all the county benefits that go with that 23 position. 24 JUDGE TINLEY: Have you had all of your positions 25 fully authorized -- fully staffed since the beginning of the 1-12-09 65 1 budget year? 2 SHERIFF HIERHOLZER: Yes. 3 JUDGE TINLEY: Okay. 4 SHERIFF HIERHOLZER: I have one, now, jail 5 position -- not deputy, jail position -- that is being -- has 6 already been hired. He went through the physical, 7 psychological, and will start the 16th. And I had the one 8 patrol position that effectively started the 5th. 9 MS. HARGIS: You didn't have -- you didn't have 10 your deputies filled on October 1. 11 SHERIFF HIERHOLZER: I did -- no, not on October 1. 12 It started -- 13 JUDGE TINLEY: I was concerned about from October 1 14 up to this date. 15 SHERIFF HIERHOLZER: From October 1 till the 5th of 16 January, you would have that leeway money in there. And I 17 think that I didn't hire two deputies as well, so I think 18 there's some money in salary. I need to go look. 19 JUDGE TINLEY: May be some -- 20 SHERIFF HIERHOLZER: There's a little bit of give 21 in salary right now, but it's not going to take from March 22 till the end of the year if I don't have the openings. 23 COMMISSIONER BALDWIN: Rusty, let me ask you a 24 question. Oh, wait, I really am getting off -- off-line 25 here, though, but I am interested in this guy. Is it the law 1-12-09 66 1 -- he's a military person? 2 SHERIFF HIERHOLZER: Yes. 3 COMMISSIONER BALDWIN: And the law requires us to 4 hold that slot? 5 SHERIFF HIERHOLZER: Yes. 6 COMMISSIONER BALDWIN: Okay. Sounds like an 7 emergency to me. But -- so, what -- 8 MS. HARGIS: So, I'm going to recommend that you 9 take it from the fuel items at this time. That's the only 10 place that I feel comfortable. 11 COMMISSIONER BALDWIN: Do you have those line item 12 numbers? 13 MS. HARGIS: It's the fuel and oil, and it's -- it 14 would be -- I didn't write the exact numbers down. Let me 15 see. 16 JUDGE TINLEY: I think you said $4,000 from the 17 Sheriff, and $1,000 from -- 18 MS. HARGIS: Can I have that pad? 19 COMMISSIONER BALDWIN: -- from several -- I think 20 several different places. 21 MS. HARGIS: It's -- that would be coming out of 22 560, and then 640 and 642. I didn't write the fuel 23 department down. They all have the same number. 24 JUDGE TINLEY: But it's the Sheriff for $4,000, and 25 which of the others for -- 1-12-09 67 1 MS. HARGIS: Environmental Health for $1,000, and 2 then Animal Control for $1,000. 'Cause we only need six. I 3 don't -- I don't want to hit anybody hard, but they're all at 4 92 percent on their fuel. 5 COMMISSIONER BALDWIN: What -- now, what about a 6 line that it's going to go into? 7 MS. HARGIS: Buster, I didn't write that down. 8 COMMISSIONER BALDWIN: That's not something that 9 you'd be thinking about, but -- 10 MS. HARGIS: I mean, I can -- 11 COMMISSIONER BALDWIN: -- I really would like to 12 have that in the court order. Or -- 13 MS. HARGIS: I can go and get it in just a minute. 14 COMMISSIONER BALDWIN: No. Let's see. 15 MS. HARGIS: I probably -- 16 COMMISSIONER BALDWIN: What are we calling it, a 17 part-time? 18 MS. HARGIS: No. It's going to be -- it's 560-331. 19 It'll be 640-331 and 642-331. 20 JUDGE TINLEY: That's where it's coming from. 21 MS. HARGIS: In Fund 10. 22 COMMISSIONER BALDWIN: Yeah. 23 MS. HARGIS: And it will be going into his 24 part-time line item, which he already has authorized. 25 COMMISSIONER BALDWIN: Oh, it's -- okay, that's 1-12-09 68 1 right. You're right, okay. 2 MS. HARGIS: So we don't have to recreate a new 3 line item. 4 COMMISSIONER BALDWIN: Okay. I move that we 5 approve that, upon the recommendation of the Auditor, $4,000 6 from the Sheriff's Office, $1,000 from Environmental Health, 7 and $1,000 from Animal Control, and that money -- that's 8 $6,000 dollars -- would go into J.P. 1's part-time line item. 9 JUDGE TINLEY: I have a motion as indicated. Do we 10 have a second? 11 COMMISSIONER WILLIAMS: I have a question. Are we 12 also going to -- in this motion, Commissioner, are we also 13 going to deal with a more permanent resolution of this 14 problem? 15 COMMISSIONER BALDWIN: Sure. 16 COMMISSIONER WILLIAMS: Should it be in the motion? 17 COMMISSIONER BALDWIN: Sure. To be honest about 18 that, I -- no, I don't think so, but we will if that's what 19 it -- if that's going to make you happy. 20 COMMISSIONER WILLIAMS: Might make others happy, 21 too. 22 COMMISSIONER BALDWIN: Well, I want to amend my 23 motion to -- to do what? That we each individually go to the 24 school district in our precinct and visit with them about 25 filing their -- 1-12-09 69 1 COMMISSIONER WILLIAMS: Truancy cases. 2 COMMISSIONER BALDWIN: -- truancy cases in their 3 own precinct J.P. court? 4 COMMISSIONER WILLIAMS: Right. 5 COMMISSIONER BALDWIN: Okay. And what else? 6 COMMISSIONER WILLIAMS: That ought to do it. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER LETZ: I'm not going to vote for it 9 the way it is. I mean, so it's -- 10 COMMISSIONER BALDWIN: Well, we're changing it. 11 COMMISSIONER OEHLER: Doesn't affect me. 12 COMMISSIONER BALDWIN: I'm trying to meet your 13 need. 14 COMMISSIONER LETZ: I think that it's premature. I 15 think we need to do -- I mean, the world's not going to come 16 to an end if we do this in a month. It's been going on for a 17 while. He's been getting through. Other precincts -- other 18 J.P.'s have other workload anomalies. Four and three handle 19 the interstate; we get all the wrecks and all the tickets 20 there. So, I'm just -- I think that, you know, we're opening 21 up a Pandora's box here that -- that if we start giving every 22 J.P. a line item of something we tried to avoid doing during 23 the budget, we're just doing it midyear out of budget. 24 COMMISSIONER BALDWIN: So, I amend my motion, then, 25 to include that each Commissioner go to the school district 1-12-09 70 1 in their precinct and ask them to file in their J.P. court. 2 COMMISSIONER WILLIAMS: I would second the motion. 3 COMMISSIONER BALDWIN: Of that precinct. 4 JUDGE TINLEY: We have a motion and a second as 5 indicated. Do we have any further discussion on the motion? 6 All in favor of the motion, signify by raising your right 7 hand. 8 (Commissioners Baldwin and Williams voted in favor of the motion.) 9 JUDGE TINLEY: All opposed? 10 (Commissioners Letz and Oehler voted against the 11 motion.) 12 JUDGE TINLEY: Chair votes in the negative. Motion 13 failed. 14 COMMISSIONER BALDWIN: Okay. 15 JUDGE TINLEY: Okay. Let's get to Section 4 of the 16 agenda -- or excuse me -- yeah, Section 4, payment of the 17 bills. 18 COMMISSIONER BALDWIN: I move we pay our bills. 19 COMMISSIONER LETZ: Second. 20 COMMISSIONER BALDWIN: That's for sure. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded to pay the 23 bills. Question or discussion on the motion? All in favor 24 of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 1-12-09 71 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion carried. Do we have any 4 budget amendments? 5 MS. HARGIS: No, Judge, we do not. 6 JUDGE TINLEY: Do we have any late bills? 7 MS. HARGIS: No, we do not. If I could just take a 8 moment, I'd like to introduce my new -- 9 JUDGE TINLEY: We're going to get to that in just a 10 minute, okay? That's under Section 5, section -- or 11 Subsection 2. 12 MS. HARGIS: Okay. 13 JUDGE TINLEY: All right. I've been presented with 14 monthly reports from Constable, Precinct 3; Constable, 15 Precinct 1; Constable, Precinct 4; Justice of the Peace, 16 Precinct 3; County Clerk; County Attorney and Environmental 17 Health and Road and Bridge. Do I hear a motion that these 18 reports be approved as presented? 19 COMMISSIONER WILLIAMS: So moved. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the indicated reports as presented. Question or 23 discussion on the motion? All in favor of the motion, 24 signify by raising your right hand. 25 (The motion carried by unanimous vote.) 1-12-09 72 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. We'll move 4 to Section 5 of the agenda, reports from commissioners in 5 connection with their liaison or committee assignments, as 6 per the attachment to the agenda which was posted. 7 Gentlemen, the reason that that has become necessary, as I'm 8 sure you've all been made aware of a recent A.G. opinion 9 where various cities and counties have had these open 10 discussion items, and I think as long as your respective 11 remarks are indicated to the areas in which you're designated 12 on the liaison appointments, we're safe. But we may get us 13 another opinion coming down the pike on that, too. So, 14 Commissioner Baldwin? What do you have for us? 15 COMMISSIONER BALDWIN: Oh, no, I'm not about to. 16 Thank you. 17 JUDGE TINLEY: You're going to pass, huh? 18 COMMISSIONER BALDWIN: I pass. 19 JUDGE TINLEY: All right. Commissioner Williams? 20 COMMISSIONER WILLIAMS: AACOG resumes its business 21 this month, Judge, and the Airport Board meets this afternoon 22 at 1 o'clock. That's all I have. 23 JUDGE TINLEY: Thank you. Commissioner Letz? 24 COMMISSIONER LETZ: On the committee that 25 Commissioner Baldwin and I are working on with Councilman 1-12-09 73 1 Hamilton and Councilman Motheral, just an update as to, 2 directionally, where Buster and I are going. And if anyone 3 has an objection on the Court, they probably ought to let us 4 know pretty soon. We're looking at something along the lines 5 of dividing the ETJ up into areas that'll be the City's 6 responsibility and areas that'll be the County's 7 responsibility. Areas that have proposed central water 8 systems are generally going to go to the City because of 9 infrastructure long-term needs. Subdivisions in the ETJ that 10 generally are going to have individual wells and septic will 11 go to the County. There will be a new set of rules that 12 we'll -- we'll actually operate under that we will both -- us 13 and the City Council will have to agree to, and there will 14 be a few caveats to both of -- you know, basically, we'll say 15 if it has a central water system, then it refers to the city 16 rules. And there will be some things that will modify to 17 their rules and our rules. As an example, one we're talking 18 about modifying on our rules would be that any street in the 19 ETJ will have a flat curve, which is not a requirement 20 outside of the ETJ for county roads right now. Otherwise, 21 roads -- road specs are fine. There's other changes like 22 that. That's kind of where we're going. Anyway, we'll 23 probably be back at our next meeting with an amendment to the 24 current agreement allowing us to extend our deadline another 25 30 days, rather than do another 90 days unilaterally. 1-12-09 74 1 JUDGE TINLEY: Is that it? 2 COMMISSIONER LETZ: That's it. 3 JUDGE TINLEY: Commissioner Oehler? 4 COMMISSIONER OEHLER: Nope, not today. Thank you. 5 JUDGE TINLEY: Okay, thank you. Now we are at 6 Subsection 2 of Section 5 of the agenda. Reports from 7 elected officials or department heads. Ms. Hargis, I believe 8 you had something for us this morning? 9 MS. HARGIS: I do. I would like to introduce my 10 new first assistant auditor. This is Theresa Mabry. Theresa 11 is a current graduate of Schreiner University; I think you 12 probably saw her picture in the paper. And we're very glad 13 to have her on board, and hope she enjoys working with us. 14 COMMISSIONER BALDWIN: Me too. 15 COMMISSIONER WILLIAMS: Hope so too. 16 JUDGE TINLEY: Welcome aboard. 17 COMMISSIONER LETZ: Welcome. 18 COMMISSIONER OEHLER: Welcome. 19 MS. MABRY: Thank you. 20 JUDGE TINLEY: Other elected officials or 21 department heads have reports they wish to provide to the 22 Court at this time? 23 COMMISSIONER WILLIAMS: Could I make a comment? 24 JUDGE TINLEY: You sure may. You're an elected 25 official, come to think of it. 1-12-09 75 1 COMMISSIONER WILLIAMS: Wow. 2 COMMISSIONER BALDWIN: Big shot. 3 COMMISSIONER WILLIAMS: That's impressive. This is 4 really directed at Commissioner Oehler, because I told the 5 Court earlier that we'd been registered with Freese-Nichols 6 for this. I'm looking at my e-mail. We still have to 7 register, but they opened up an account for us so we can do 8 that. 9 COMMISSIONER OEHLER: How about that? 10 COMMISSIONER LETZ: I have kind of a -- I don't 11 know if -- maybe I can't talk about this. Can I talk about 12 tax statements? Can I ask a question about tax statements? 13 Can I bring -- 14 MR. EMERSON: You can comment. You can't ask 15 questions. 16 COMMISSIONER LETZ: On the comments, I'm probably 17 going to put an agenda item on the next agenda, some issues 18 with tax statements going out, or lack thereof going out. 19 I've talked with Diane a little bit about that. I've had 20 some calls and some concerns -- well, I have some concerns 21 about where we are with that. And that leads to a second 22 comment, that I'm going to put on the next agenda about where 23 we are with Tyler Industries -- is that the name? 24 JUDGE TINLEY: Technologies. 25 COMMISSIONER LETZ: Tyler Technologies, and 1-12-09 76 1 possible lawsuits with them, because it's gotten to the point 2 that it doesn't seem that we're moving to get our problems 3 fixed. 4 COMMISSIONER WILLIAMS: There are a couple e-mails 5 in your box about that subject right now. 6 COMMISSIONER LETZ: I know. 7 JUDGE TINLEY: Okay. Any other elected officials, 8 department heads have any reports? 9 COMMISSIONER BALDWIN: Just -- I want to know if 10 anybody wants to buy copies of photographs of my grandson? 11 No? Okay. 12 JUDGE TINLEY: We're going to have to check the 13 courthouse solicitation policy on that. 14 COMMISSIONER BALDWIN: Well, that's true. And I'm 15 going to extend this offer for two more weeks. So -- 16 COMMISSIONER WILLIAMS: Are you in the picture? 17 COMMISSIONER BALDWIN: No. 18 COMMISSIONER WILLIAMS: Oh. Then we might want to 19 buy one. 20 COMMISSIONER BALDWIN: Yeah. 21 JUDGE TINLEY: Anything else? We'll be adjourned. 22 (Commissioners Court adjourned at 10:30 a.m.) 23 - - - - - - - - - - 24 25 1-12-09 77 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 13th day of January, 8 2009. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 1-12-09