1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 28, 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 September 28, 2009 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action to approve Master Agreement with Texas Online for 5 e-filing with the courts; authorize County Judge to sign the agreement 12 6 1.2 Consider/discuss, take appropriate action to 7 approve agreement with Simplifile for e-recording in County Clerk's Office; authorize County Judge 8 to sign the agreement 13 9 1.3 Presentation by Fred Pentz regarding Veteran's Service Officer 15 10 1.7 Consider/discuss, take appropriate action on 11 FY 2009-10 budgets and fiscal, capital expenditure, and personnel matters related thereto for various 12 county departments 33 13 1.8 Public Hearing on proposed salary increases, expenses and allowances for elected officials 14 of Kerr County, Texas for FY 2009-10 48 15 1.24 Consider/discuss, take appropriate action to adopt the proposed salary increases, expenses, 16 and allowances for elected officials of Kerr County, Texas, in accordance with the public 17 notice published in Kerrville Daily Times 48 18 1.4 Consider/discuss, take appropriate action on Order Expressing Intent to Reimburse with Tax 19 Exempt Obligation Proceeds for costs associated with constructing or acquiring various capital 20 assets and improvements within the county 49 21 1.6 Consider/discuss, take appropriate action to approve new copier contract for County Judge and 22 Commissioners Court 51 23 1.11 Public Hearing on FY 2009-10 Kerr County Budget 54 24 1.25 Consider/discuss, take appropriate action to adopt FY 2009-10 Kerr County Budget 54 25 3 1 I N D E X (Continued) September 28, 2009 2 PAGE 1.9 Consider/discuss, take appropriate action to 3 adopt 2009 Kerr County tax rate, to include maintenance and operations, interest and sinking 4 (debt), and lateral roads tax rate 56 5 1.10 Consider/discuss, take appropriate action to adopt 2009 Lake Ingram Road District tax rate 62 6 1.12 Public Hearing for revision of plat of Lot 3 in 7 Heritage Park Subdivision, Section I 66 8 1.13 Consider/discuss, take appropriate action to accept final revision of plat of Lot 3 in the 9 Heritage Park Subdivision, Section I 67 10 1.5 Consider/discuss, take appropriate action to remove concrete island on the north side of 11 lower level parking of the courthouse 72 12 1.14 Consider/discuss, take appropriate action to roll $20,000 from the 08/09 budget to the 09/10 13 budget for the Hermann Sons Road and Westwood Drive ROW projects 76 14 1.15 Consider/discuss, take appropriate action to 15 set a public hearing for private road name, Moorhead Rd. E., Precinct 2 82 16 1.16 Consider/discuss, take appropriate action on 17 agreement with San Patricio County designating Kerrville/Kerr County as point-to-point evacuation 18 shelter for evacuees from San Patricio County in the event of a hurricane 83 19 1.17 Consider/discuss, take appropriate action on the 20 Kerr County Personnel Handbook 85 21 1.18 Consider/discuss, take appropriate action regarding opening of the bids submitted to 22 provide food service for Kerr County Jail 98 23 1.19 Consider/discuss, take appropriate action to approve professional services contract with 24 Peter Lewis for architectural services on new Law Enforcement Annex/Adult Probation Building 25 and related improvements 100 4 1 I N D E X (Continued) September 28, 2009 2 PAGE 1.20 Consider/discuss, take appropriate action to 3 accept and approve requests from elected officials and department heads for appropriate office staff 4 pursuant to LGC 151 107 5 1.23 Consider/discuss, take appropriate action to adopt the position schedule, step and grade 6 schedule, and general provisions of Kerr County for FY 2009-10 108 7 4.1 Pay Bills 110 8 4.2 Budget Amendments 111 4.3 Late Bills --- 9 4.4 Approve and Accept Monthly Reports 114 10 5.1 Reports from Commissioners/Liaison Committee Assignments 115 11 5.2 Reports from Elected Officials/Department Heads 116 12 1.26 Open 2010 Kerr County employee health benefits proposals and refer for evaluation/recommendation 117 13 1.21 Consider/discuss, take appropriate action on an 14 Animal Control/personnel matter (Executive Session) --- 15 1.22 Consider/discuss, take appropriate action on a personnel/health benefits matter (Executive 16 Session) --- 17 --- Adjourned 121 18 19 20 21 22 23 24 25 5 1 On Monday, September 28, 2009, at 9:00 a.m., a special 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 which is posted and scheduled 10 for this date and time, Monday, September the 28th, 2009, at 11 9 a.m. It is that time now. Commissioner Letz? 12 COMMISSIONER LETZ: Would everyone please stand and 13 join me in a moment of prayer followed by the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or the audience that wishes to be 17 heard on any matter that is not a listed agenda item, this is 18 your opportunity to come forward and tell us what's on your 19 mind. If you wish to be heard on a matter that is an agenda 20 item, we'd ask that you fill out a participation form. 21 They're located at the back of the room, or should be. If 22 you don't happen to fill out a participation form and we get 23 to an agenda item that you wish to be heard on, get my 24 attention in some manner, and I'll see that you do have that 25 opportunity. But at this time, if there's any member of the 9-28-09 6 1 public wishing to be heard on any matter that is not a listed 2 agenda item, come forward and tell us what's on your mind. 3 Seeing no one coming forward, we will move forward. 4 Commissioner Letz? 5 COMMISSIONER LETZ: Yeah, I have a couple of 6 things. It's been a busy couple of weeks. I know 7 Commissioner Oehler and I gave a talk with the Farm Bureau; 8 it went very well, good turnout there. Commissioner Oehler 9 stole the show like always, but it's all right. 10 COMMISSIONER OEHLER: I did not. 11 COMMISSIONER LETZ: Last -- was it last Monday? We 12 had a joint sort of meeting with GMA-9. It went about as I 13 thought it would, which was a good exchange. I think they 14 understood us a little bit more as to what the appeal from 15 our standpoint was about, and U.G.R.A.'s and Region J's, all 16 three appeals. And, you know, a lot of the things really 17 weren't within their purview. Other things were, and they 18 chose not to really to do anything. It was just kind of a 19 good discussion, but nothing was resolved. So, we'll proceed 20 with forwarding the appeals to the Water Development Board 21 this week. Over the weekend, I met with a group of diverse 22 citizens out at Cypress Creek Community Center regarding a 23 road district they want, and it was a very lively discussion 24 about the road district. And the bottom line was they want 25 to proceed, so we'll be working on our second road district 9-28-09 7 1 since I've been a commissioner, the first one being Ingram 2 Lake Estates. It will be modeled after that, and that will 3 probably be on our next agenda. And next Wednesday, the 8th, 4 there's a Region J meeting coming up. Everyone's welcome to 5 go to Bracketville, and -- 6 COMMISSIONER BALDWIN: Man, I'm in. 7 COMMISSIONER OEHLER: Oh, boy. 8 COMMISSIONER LETZ: And -- 9 JUDGE TINLEY: What time's the bus leave? 10 COMMISSIONER LETZ: I think the meeting's at 10:00, 11 so it will be a little bit of an early morning. 12 COMMISSIONER BALDWIN: Maybe we can go down the 13 night before. 14 COMMISSIONER WILLIAMS: Yeah, right. 15 COMMISSIONER LETZ: Well, you have to go all the 16 way to Del Rio and spend the night. 17 COMMISSIONER WILLIAMS: Del Rio, that's the spot. 18 COMMISSIONER LETZ: Anyway, that's what's going on 19 in my world the last couple weeks. Bruce? 20 JUDGE TINLEY: Commissioner Oehler? 21 COMMISSIONER OEHLER: Well, I guess I still need to 22 mention the Mountain Home Volunteer Fire Department's going 23 to have their annual -- fourth annual fundraising event, 24 which is going to be a catfish fry. Which the group that 25 helps me all the time, and my wife, do this, it'll be a large 9-28-09 8 1 group of probably around 20 people help put this thing on. 2 We project to fry probably about 500 pounds of catfish, which 3 I'm not looking forward to, but that's what we're going to 4 do. And that's about it for -- 5 COMMISSIONER LETZ: At least it's cool -- cooler. 6 COMMISSIONER OEHLER: Yeah, pray for cool weather. 7 We -- 8 JUDGE TINLEY: Thank you, Commissioner. 9 Commissioner Baldwin? 10 COMMISSIONER BALDWIN: Yes, sir. I just wanted to 11 comment on the GMA meeting, and commend Commissioner Letz for 12 being there. And how you do that, I don't know. Those 13 people don't even speak the same language we do, and how they 14 arrive at their decisions doesn't even make sense to me. 15 So -- I was there. I was there in the back of the room, and 16 I watched all my stomach could handle. And on October the 17 10th, Bruce's party, but that -- early that afternoon, 18 there's a fundraiser for CAM that we all support, and have 19 for years, out at Hosanna Lutheran. It will be one of the -- 20 one of the better bands in the area will be there. 21 JUDGE TINLEY: Who might be that? 22 COMMISSIONER BALDWIN: They're called Big Band. 23 I'm not sure who their wonderful bass player is, but he's a 24 commissioner over in Precinct 1. 25 COMMISSIONER WILLIAMS: Find out. 9-28-09 9 1 COMMISSIONER BALDWIN: And then that evening, we 2 all go to Mountain Home to eat Bruce's catfish, which is, in 3 my opinion, one of the best parties in Kerr County. 4 Wonderful, perfect, good, excellent catfish, and then all 5 kinds of stuff and things to win and purchase, et cetera, et 6 cetera. So, it's a -- that's a fun day. It's October 10, 7 and I'll see all of you at both of those functions. 8 COMMISSIONER OEHLER: It's also in the new fire 9 station. 10 COMMISSIONER BALDWIN: New fire station, that's 11 right. That's all, sir. Thank you. 12 JUDGE TINLEY: Commissioner Williams? 13 COMMISSIONER WILLIAMS: You may have to wait for 14 your helping of catfish. I had mine Friday at the Texas 15 Rangers -- retired Texas Rangers -- Former Texas Rangers golf 16 tournament, which was in conjunction with a big fundraiser, 17 and I got to eat some of Bruce's catfish, so I can tell you 18 you're looking forward to a treat, as if you didn't know 19 that. The Court may have checked their mailboxes and found a 20 letter that I wrote to Texas Water Development Board asking 21 for an extension of the grant so that we can finish Sections 22 B, C, and D. The delay in doing A, in large measure, came 23 about because the -- the T.W.D.B. questioned a criteria for 24 mobile home inclusion in certain areas of the service area, 25 so we had to do a lot of work to overcome that, or to get the 9-28-09 10 1 answer and propose a criteria that they would accept for 2 these inclusions. And that -- that is because sometimes in 3 these mobile home parks, places like that, a mobile home will 4 be there one night and gone the next night, and who knows 5 what's coming in behind it? 6 Anyhow, it took a lot of time to get that done, and 7 we did it, and we sent the extension request up, and far as I 8 know, the extension will be granted. At the same time, I 9 took the opportunity to present them with some preliminary 10 findings that came out of the colonia study done by 11 Grantworks for eastern Kerr County with respect to stormwater 12 and floodwater, thinking that there may be some dollars at 13 T.W.D.B. for flood control and things of that nature, and 14 that study certainly indicated the need for some of that. 15 And if we could do that in conjunction with putting in sewer 16 pipes at some future date, we'd be ahead of the game. So, we 17 planted some seeds up there, and we hope to see what will 18 take place with that. That's it, Judge. 19 JUDGE TINLEY: Thank you, Commissioner. I was in 20 Washington, D.C. week before last with a delegation from -- 21 representing Kerr County, and the delegation consisted of 22 City Councilmen, City Manager, and City of Kerrville, the 23 president of Kerr Economic Development Foundation and 24 Kerrville Area Chamber of Commerce, both the -- the executive 25 assistant, Brian Bondy, and also the new president of the 9-28-09 11 1 chamber and member of the -- strong member of the chamber, 2 KEDF board, Peterson Hospital board, Steve Huser. And the -- 3 it was fast and furious. Some of you may have read the 4 account in the newspaper. We made a lot of stops, and I 5 think made some headway. Primary projects we were working on 6 were the U.S.D. -- new research lab for the U.S. Department 7 of Agriculture, agriculture research service facility, the 8 entomology station. As some of you may know, we're working 9 on a program to try and get them a new facility out at 10 Peterson Farm Road near the airport. Overall, it's about a 11 $40 million project. 12 We've been through the feasibility study stage. We 13 got the funding for the design and engineering. We completed 14 that this past fall and winter, and into the spring. Right 15 now we're working on construction funding. Of those, that's 16 the big end of it, and a major chunk of money. We had the 17 opportunity to see both our congressmen and -- and some 18 others. We had to go across the aisle, since that seems to 19 be who's controlling the money now, and we got a very good 20 reception, I'm -- I'm glad to say. Had a good meeting with 21 Senator Hutchison and her staff. And Senator Cornyn was not 22 available; we did meet with his staff and got another good 23 reception there. Members of the Agriculture Research 24 Service. Overall, I think we had a real good reception, and 25 I think we got some positive feedback, and hopefully we can 9-28-09 12 1 make that project move forward. 2 We also discussed with our congressional and 3 senatorial delegations issues concerning our Veterans 4 Administration facility here, and some issues with regard to 5 that facility to try and get some more activity out there, 6 upgrade in services and so forth. But, all in all, it was a 7 fast and furious three days. It started out way before dawn 8 on Wednesday, and we got back about dark-thirty on Friday. 9 So, it was -- it was fast and furious, but hopefully we -- we 10 did some good. Let's get on with our agenda, if we might. 11 We have a 9 o'clock item, to consider, discuss, and take 12 appropriate action to approve the master agreement with Texas 13 Online for e-filing with the courts, and authorize County 14 Judge to sign the agreement. Ms. Pieper? 15 MS. PIEPER: Gentlemen, this is basically going to 16 replace the agreement that we have on file now. It's taking 17 out Bearing Point as one of the vendors. 18 COMMISSIONER BALDWIN: Why does it take Bearing 19 Point out as one of the vendors? 20 MS. PIEPER: 'Cause they filed bankruptcy and 21 they're reorganizing, and -- 22 COMMISSIONER BALDWIN: Good reason. 23 COMMISSIONER WILLIAMS: Are the economics of this 24 agreement reasonably the same as the other one? 25 MS. PIEPER: Yes. 9-28-09 13 1 COMMISSIONER WILLIAMS: Move approval. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval. Ms. Pieper, has the County Attorney had an 5 opportunity to look that the document -- 6 MS. PIEPER: Yes. 7 JUDGE TINLEY: -- and finds it acceptable? Sorry? 8 MS. PIEPER: Yes. 9 JUDGE TINLEY: All right. Question or discussion 10 on the motion? All in favor of the motion, signify by 11 raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion carried. We'll move to 16 Item 2; consider, discuss, and take appropriate action to 17 approve the agreement with Simplifile for e-recording in the 18 County Clerk's office and authorize the County Judge to sign 19 the agreement. Ms. Pieper again. 20 MS. PIEPER: The e-reporting is for the official 21 public records that we are fixing to go online with, and so 22 this is just a basic agreement, again, that we want approved. 23 COMMISSIONER BALDWIN: Nothing changes? 24 MS. PIEPER: This is a completely new contract. 25 The other -- the other one was for court records. This is 9-28-09 14 1 for official public records. 2 COMMISSIONER LETZ: What's different about this? I 3 guess different vendor? 4 MS. PIEPER: Different vendor. 5 COMMISSIONER LETZ: Is it -- I mean -- 6 MS. PIEPER: One -- 7 COMMISSIONER LETZ: Why are we switching? 8 MS. PIEPER: Because one vendor only does e-filing, 9 the other vendor only does e-recording. One only does courts 10 and the other one only does official public records. 11 COMMISSIONER LETZ: I mean, why are we changing the 12 public records side? Is this -- this is a different vendor 13 than we used to use? 14 MS. PIEPER: We have not ever had the public 15 records to where -- 16 COMMISSIONER LETZ: Okay. 17 MS. PIEPER: -- people -- banks and title companies 18 and stuff could do e-recording. 19 COMMISSIONER LETZ: Okay. This just for the 20 recording, not -- not the viewing? 21 MS. PIEPER: Correct, just recording of it. 22 COMMISSIONER LETZ: Okay. Okay. Do you have a 23 motion yet? 24 JUDGE TINLEY: Again, has the County Attorney had 25 an opportunity to review this contract? 9-28-09 15 1 MS. PIEPER: Yes. 2 JUDGE TINLEY: Found it acceptable? 3 MS. PIEPER: Yes. 4 JUDGE TINLEY: Very well. 5 COMMISSIONER LETZ: Move approval. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion? All in favor of the 9 motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. 14 MS. PIEPER: Thank you. 15 JUDGE TINLEY: Let's move to Item 3, a presentation 16 by Mr. Fred Pentz regarding Veterans Service Officer. 17 Mr. Pentz, thank you for being here today. 18 MR. PENTZ: I have an extra copy for -- a file 19 copy, if you need one for the county. Okay. 20 JUDGE TINLEY: That's okay, we got one. 21 MR. PENTZ: You got one? Okay. First off, Judge, 22 I'd like to thank you and the Commissioners for giving me the 23 time to talk just briefly about the county service officer 24 project. To give you a little idea of my background, I'm 25 retired military, retired United States Navy. Please don't 9-28-09 16 1 hold that against me if you're from the Marine Corps. In 2 the -- pardon me? In the years since I've been retired, I've 3 spent a lot of my personal time working on veterans affairs. 4 I've been a county service officer in the state of New York. 5 I've also been a veterans services officer for the American 6 Legion for several years, and I've worked on many veterans' 7 issues. So, just to give you an idea of my background and 8 why I -- why I propose this, I actually had some issues with 9 the existing services here in the county provided by the 10 Texas Veterans Commission. When I started looking into those 11 issues along with Mike Lamm from the Texas Veterans 12 Commission, we found out that the state -- that Kerr County 13 does not have a county service officer. Now, it's not 14 mandated that the county have one, because the county's under 15 200,000 in population. But I want to go over a little bit on 16 the background of why I think there's still a need for a 17 veterans service officer. 18 As you're certainly aware of, our veterans 19 population in the county is increasing rapidly. The current 20 existing counselors, whether they be from veterans groups 21 offering assistance, Texas Veterans Commission, or other 22 organizations, really don't do any kind of outreach 23 activities at all. You'll notice there's a dearth of press 24 releases, newspaper articles concerning veterans affairs. 25 There's no real veterans' newsletter in the area, and there's 9-28-09 17 1 really not a lot of outreach to homeless veterans, which we 2 do have in the county, in case people didn't know that. 3 We're all aware of the large background in the existing 4 system of the veterans -- Veterans Administration. 5 There are several resources available to veterans 6 in the county, including the Texas benefits -- Texas Veterans 7 Commission, T.V.C. counselor at the V.A. Hospital. However, 8 he handles primarily just medical claims; he doesn't handle 9 any other issues. There's also an appointment counselor from 10 the T.V.C. over at the Workforce office. In fact, they're 11 getting their new counselor today reporting in to replace 12 Mike Lamm. There's also a Vietnam veterans volunteer at the 13 V.A. Hospital that does some counseling and paperwork, and 14 then there's service officers at the various veterans' 15 organizations, such as the American Legion and VFW. However, 16 none of those people really coordinate any kind of their 17 activities. They all have their own little pockets of 18 interest, and they don't really speak to each other too much, 19 other than the service officers from the veterans' 20 organizations. 21 Next page of the presentation talks a little bit 22 about why there's a backlog. The current veterans population 23 of Kerr County is estimated at approximately 7,000 in the 24 latest census. That will change, obviously, this year, and 25 it's going to go up, I think, quite strongly, because there's 9-28-09 18 1 obviously been a big influx of people into the community, 2 both retirees and just people moving here because it's such a 3 desirable place to live. That's why I moved here. One of 4 the reasons I moved here was because of the V.A. Hospital 5 being here, and the other was because of the services 6 available and the atmosphere of the community, which I 7 absolutely love. And I've lived here for over three years, 8 and I certainly haven't seen everything that Kerr County has 9 to offer, but I'm proud to be here, and I don't intend to 10 move. 11 The current delay in processing Veterans 12 Administration claims is anywhere from 12 to 18 months. 13 Obviously, that doesn't have anything to do with the local 14 organizations. The difficulty comes from -- processing 15 claims comes from identifying, finding records, getting 16 somebody in the system that can find the records. A lot of 17 our older veterans don't have their written records any more, 18 so there's a built-in delay just in trying to get them into 19 the system. Obviously, our memory fades with age, but our 20 medical problems increase, or they become very burdensome. 21 We have a lot of veterans in our local nursing homes who 22 really don't get a lot of services from the veterans 23 assistance programs. The T.V.C. counselor at the Veterans 24 Hospital has responsibility for over 20 counties. He does 25 not deal with just Kerr County, nor does he keep track of 9-28-09 19 1 whether veterans are coming here from Kerr County, as opposed 2 to Kimble County, Gillespie County, Bandera County, et 3 cetera, et cetera, et cetera. He doesn't see that's really 4 in his mandate, that he needs to keep track of whether 5 veterans come from a certain county. He's more -- more 6 focused on processing paperwork and getting it up to 7 Washington. 8 The current counselors, no matter who they are, 9 don't spend a lot of time on outreach activities, which in my 10 background has been a very strong way of reaching out to the 11 veterans community. We don't reach out much to nursing 12 homes, and we don't really have an effective publicity 13 program that will publicize changes that affect the veterans 14 communities, such as the recent changes in the homestead 15 exemption law and the appraisals for disabled veterans. Many 16 of the veterans that I've had a chance to talk to, and I live 17 in a retirement park here in town, are not aware that the 18 homestead exemption changed and that their property exemption 19 changed, and I've got several veterans in the park that I'm 20 looking for to try to get their exemptions. But there needs 21 to be some kind of organized program to reach out to those 22 people so they know about those exemptions. I know that 23 in -- in Fredericksburg, the county service officer up there 24 is having problems with their county organization in terms of 25 getting that paperwork processed at a county level. We're 9-28-09 20 1 seeing more and more of that. 2 Next, I kind of analyzed what I think the future 3 population trends might be in Kerr County, depending on some 4 things that are in the works. Obviously, we've all talked 5 about traumatic brain injury and post-traumatic stress 6 disease. These things are getting worse and worse based upon 7 the kind of wars that we're -- that we're involved in, so 8 we're seeing more and more people come home with those kind 9 of injuries, which we've never really faced at all in the 10 past. If the Kerrville V.A. Hospital is selected to be the 11 location for the V.A. follow-on care program, which it's 12 under consideration, there will be a large influx of wounded 13 warriors coming into Kerr County on both a short-term and a 14 long-term basis. And if Kerrville is selected as the 15 location for the homeless veterans project, which I 16 understand we're still in the running to be selected for, 17 there will be additional veterans identified needing 18 assistance that are not currently registered in the system, 19 and they'll provide a unique challenge, as they're not 20 currently serviced effectively. 21 I've spoken to Amy Blanks, who is the social 22 service director for the Salvation Army here in town, and 23 they run the only -- really, the only transient and homeless 24 shelter here in town at the current time, and they don't have 25 an effective program of identifying how many veterans come 9-28-09 21 1 through their program. I know of at least two veterans that 2 are in their program right now that haven't even received any 3 services from Veterans Administration, and I'm personally 4 working with them to try to get their paperwork instituted so 5 they can get some kind of assistance. We really don't have 6 that. If we get the homeless project here, there's going to 7 be even more people that have those similar problems. 8 Homeless veterans are -- and I helped organize, two years in 9 a row, a homeless veterans' stand-down in the Tulsa, Oklahoma 10 area. Homeless veterans provide a very unique problem that's 11 not really covered by Veterans Administration assistance, in 12 that their problems are physical problems of immediate need. 13 They need dental care. They need immediate health care 14 issues. They need clothing. They need a lot of issues that 15 the current services just aren't there for. 16 So, there's another future project in the area that 17 may draw wounded -- wounded warriors into the system. The 18 Reverend Dave Roever, who established the wounded warrior 19 rehabilitation ranch, called the Eagle Warrior Ranch in 20 Colorado, has already purchased property; not in Kerr County, 21 I don't believe, but close to Kerr County, with the intention 22 of developing a similar ranch in the area where they would 23 bring wounded veterans and wounded soldiers into the area to 24 help provide services. And that provides another opportunity 25 for a county service officer to have a program that he could 9-28-09 22 1 help people in the area. So -- and that's a very, very -- 2 very unique program that he runs in Colorado. The general 3 goals of establishing a county service officer would be to 4 improve the effectiveness and overall service of the 5 veterans' community by providing an additional counselor to 6 concentrate specifically on Kerr County residents only. He 7 would be the primary focal point and coordinating person for 8 future benefits seminars and job fairs, instead of having 9 various agencies just do -- on their own, doing job fairs or 10 benefits counseling or stand-downs or whatever, to have 11 somebody that could coordinate those activities to insure 12 that there's not a duplication and that there's a more 13 effective outreach. 14 The detailed functions. Texas is unique, and I 15 know that you're possibly all aware, the Texas Veterans 16 Commission is mandated as the primary veterans assistance 17 program in the state of Texas. Now, that's unique to Texas. 18 Most states don't have that. Most states' veterans services 19 fall under the Department of Labor, but in Texas, it falls 20 under the Texas Veterans Commission. Therefore, the county 21 service officer would only handle Kerr County residents, and 22 would not be the primary medical benefits counselor, 'cause 23 the Texas Veterans Commission counselor at the V.A. Hospital 24 still would be mandated to do those functions. But the 25 county service officer would be the main point of contact for 9-28-09 23 1 local media via press releases, newspaper articles, 2 television interviews, publishing a regular newsletter for 3 area veterans, and would also be responsible for data 4 collection and reports to y'all, each of the County 5 Commissioners, on the effectiveness of the programs as they 6 relate to Kerr County residents, as opposed to just having an 7 overall number of how many people are handled at the V.A. 8 Hospital. 9 I think it would be a good thing for the county to 10 know how many residents in the county are actually being 11 serviced by local agencies, and then the county service 12 officer would act as a liaison from the county commission to 13 all the veterans' service organizations here in town; would 14 also maintain a strong relationship with all the county and 15 local service agencies, such as the Salvation Army, the 16 Christian Area Ministry, other social services agencies that 17 may be providing services to veterans that are not being 18 captured in any kind of a data collection right now, and 19 could follow up on any problems that are identified where a 20 veteran says he's not getting the services that he thinks he 21 deserves from the county, and there would be somebody that 22 could act as a veterans' advocate to county service agencies. 23 We still maintain a strong relationship with the V.A. 24 Hospital, visiting veterans at the hospital and having 25 regular outreach programs to the local nursing homes, 9-28-09 24 1 homeless shelter run by Salvation Army, and other functions. 2 Most of those functions that I just went over -- 3 most of those functions, the great majority, are not covered 4 by anybody local. Benefits to the program would be obvious. 5 We can find homeless veterans and take them out of the 6 system. They'd come directly off the county indigent care -- 7 medical care program, so that's a dollar benefit to you as a 8 county organization. In addition, we can find veterans that 9 are not in the system and get them into the system. The 10 average veterans' pension can be as much as -- a disability 11 can be as much as $1,000 to $1,500 a month, which is 12 increased purchasing power. So, the -- the issue that you 13 would have to decide as a commission would be, do you want to 14 fund the program? And then the initial funding of the 15 program and follow-on funding. The training for the program, 16 if you decide to have a county service officer, is funded and 17 mandated by the state of Texas to be provided for and paid 18 for by the Texas Veterans Commission, so there would be no 19 additional cost to the county. And I've kind of outlined 20 what all the additional costs would be in the proposal, but I 21 don't want to take up any more time. 22 JUDGE TINLEY: Mr. Pentz, obviously, the thing that 23 would be a concern to the Court here would be what would 24 our -- what would the obligations on Kerr County be on an 25 initial and ongoing basis? And you've indicated what the 9-28-09 25 1 items are. I think probably what -- before we can give it 2 any meaningful consideration, what we'd really like to see 3 from you are some hard-dollar estimates of -- 4 MR. PENTZ: Sure. 5 JUDGE TINLEY: -- what those costs would be. As 6 you may or may not know, we are in the final throes of 7 completing our budget for -- for the coming fiscal year. The 8 likelihood that we'd be able to do anything at this late date 9 for the coming year is very questionable, but it's something 10 that we might desire to take a look at plugging in on a later 11 date. But we need to know what those hard-dollar costs would 12 be. 13 MR. PENTZ: Sure, I can do that. 14 JUDGE TINLEY: Do you think you might be able to 15 put something together in that respect and furnish it to us? 16 MR. PENTZ: Yes, sir. I can have that in a couple 17 weeks to you. 18 JUDGE TINLEY: I would appreciate that, and I know 19 the members of the Court would too. 20 MR. PENTZ: Yeah. I was out of town a lot for the 21 last -- since I talked to you -- since Mike Lamm and I talked 22 to you to originally come up with the idea of this, I was out 23 of town to -- to a retreat, a religious retreat, and so I 24 didn't have a lot of time to go through the -- go through 25 town to get some numbers, and I had intended to do that. So, 9-28-09 26 1 I've got that on my agenda to do. Anyhow, if that meets with 2 your approval of the County to go ahead and do that. 3 JUDGE TINLEY: In order to be able to take a 4 serious look at it, we'd have to have that information. 5 MR. PENTZ: Sure. 6 JUDGE TINLEY: Like I say, from a time standpoint, 7 I don't know that it's all that credible, since we're looking 8 at finalizing everything for coming fiscal year today, -- 9 MR. PENTZ: Yeah, I understand that. 10 JUDGE TINLEY: -- in all probability. 11 MR. PENTZ: I knew that up front when we talked. 12 COMMISSIONER WILLIAMS: You have touched on what 13 appears to be a real need, and the information you've 14 presented was very enlightening. 15 MR. PENTZ: Thank you. 16 COMMISSIONER WILLIAMS: And I concur with what the 17 Judge said. If you can get us information -- information 18 that will enable us to have a serious look at it from a 19 fiscal perspective for the next budget year, that will be 20 helpful. 21 MR. PENTZ: Thank you, Commissioner. 22 COMMISSIONER BALDWIN: Mr. Pentz? 23 MR. PENTZ: Yes, sir? 24 COMMISSIONER BALDWIN: A number of months ago, it 25 was brought to our attention in regards to the homeless 9-28-09 27 1 veterans housing project, -- 2 MR. PENTZ: Yes, sir. 3 COMMISSIONER BALDWIN: -- talking about the 5 acres 4 out there and building facility, et cetera. And the Court 5 had asked me to see if I couldn't get someone from the V.A. 6 to come here to visit with the Commissioners Court -- and 7 when you visit with Commissioners Court, you're visiting with 8 the citizens of Kerr County -- and to kind of give us an 9 outline on what the plan was, how those things work. And, 10 you know, what my interest was, is -- is this going to be -- 11 is this -- will this affect our budget in some way? Is 12 indigent health care involved in this thing? Who's going to 13 give them health care? And are there family members involved 14 in it? Is there housing issues? So, will it be a -- will it 15 be a cost to the taxpayers of Kerr County? And the V.A. has 16 decided not to come here and explain anything to us, so I've 17 got a little negative here going on. 18 MR. PENTZ: Well, I've had some negatives with the 19 V.A. too, but I try not to talk about those. (Laughter.) 20 COMMISSIONER BALDWIN: And in here, you say Texas 21 is unique in having a mandated statute. Well, who -- who 22 mandates that? The State? 23 MR. PENTZ: Yes, sir, that's actually mandated in 24 the state law three years ago, when the -- when the State of 25 Texas decided they were going to give back about $3 million 9-28-09 28 1 in grant money to U.S. Department of Labor because they 2 hadn't been able to find enough counselors in the state of 3 Texas to run what's called the Disabled Veterans Outreach 4 Program. The Texas Veterans Commission went to the state and 5 said, "Wait a minute, wait a minute. Give us this program 6 and we'll run it." So, Texas -- actually, the state 7 legislators of Texas actually mandated the Texas Veterans 8 Commission to be the representative of the state of Texas for 9 veterans programs, and that money that's funneled to Texas 10 from the -- from the Veterans Administration and from U.S. 11 Department of Labor goes to the Texas Veterans Commission to 12 run Veterans Commission programs, and that's different from 13 any other state in the union. There's no other state in the 14 union that does it that way. 15 COMMISSIONER BALDWIN: Well, if they do that, why 16 don't y'all do -- why are you in here asking us to do it, 17 then? 18 MR. PENTZ: Well, because I -- I believe that a lot 19 of the things that I put in my presentation, the Texas 20 Veterans Commission doesn't do. 21 COMMISSIONER BALDWIN: Okay. 22 MR. PENTZ: The Texas Veterans Commission counselor 23 at the V.A. Hospital, I'm not sure that anybody knows who he 24 is. But I can tell you that there's a lot of veterans out 25 here in Kerr County that don't know who he is and that 9-28-09 29 1 haven't talked to him, or have gone out there when he's had 2 the door closed, and they've walked away, because he doesn't 3 do things by appointment, and because he doesn't place any 4 preference on Kerr County. And because there's nobody that 5 can advocate to the T.V.C. counselor at the V.A. Hospital, 6 they fall into a gap where they don't know what to do, and 7 that's what I'm proposing, is that as a representative of the 8 commission and as a representative of Kerr County, we could 9 -- the Texas service officer could fulfill that function as a 10 veterans' advocate for our county veterans. 11 COMMISSIONER LETZ: Mr. Pentz? 12 COMMISSIONER BALDWIN: Thank you very much. 13 COMMISSIONER LETZ: Is there a possibility, in your 14 opinion, of going to -- I mean, basically, to do partial 15 funding, possibly from the county, and eliminate that 16 position that's funded out at the state organization level? 17 It seems like -- I mean, it seems like the problem is that 18 they're -- they're funding a position; the position isn't 19 functioning very well, and if we were to -- is there a 20 possibility of going there and revamping how they're doing it 21 in Kerr County? 22 MR. PENTZ: I would say, based on my conversations 23 with the counselor at the V.A. Hospital, that's not a very 24 likely thing that the Texas Veterans Commission would be 25 looking to do. I only say that because he may be unique to 9-28-09 30 1 this part of Texas. I've talked to T.V.C. counselors in 2 other parts of the state who don't have the same outlook 3 towards county functions, if you will. And -- but he had a 4 rather negative attitude towards county functions -- county 5 residents. 6 JUDGE TINLEY: Commissioner Baldwin, with respect 7 to the lack of information on what's known as the homeless 8 housing initiative, one of the items we addressed to 9 congressional and senatorial delegations was we didn't have 10 that information, and we wanted it. And we're hopeful of 11 receiving it through the Secretary of General Affairs' 12 office, and hopefully we can get it that way. And I agree, 13 it's a major negative. The fact that they don't openly want 14 to -- seem to want to talk about it a whole lot makes us 15 rather suspect, and it's a concern. 16 COMMISSIONER BALDWIN: Yeah. And, of course, we 17 all -- I mean, we all want to participate with the veterans. 18 JUDGE TINLEY: We want to help our veterans. 19 COMMISSIONER BALDWIN: We want to help our 20 veterans, but we need to know -- 21 JUDGE TINLEY: Sure. 22 COMMISSIONER BALDWIN: -- how they expect us to 23 help them. And if it was a budgetary issue, too late. 24 COMMISSIONER LETZ: Going back on the -- was it 25 Texas Veterans Commission? 9-28-09 31 1 MR. PENTZ: Yes, sir. 2 COMMISSIONER LETZ: How is that organization -- I 3 mean, who is that organization? Is it a state organization? 4 MR. PENTZ: It's a state organization. It's run 5 by -- Jim Niers is the Commissioner of the Texas Veterans 6 Commission. Their main office is headquartered out of 7 Austin, and they are statewide, and they are a direct 8 function of the state government. They report directly to 9 the state Legislature. 10 COMMISSIONER LETZ: Are they -- are they 11 gubernatorial appointees? The reason I'm going down this -- 12 JUDGE TINLEY: You know what? I don't know the 13 answer to that. 14 COMMISSIONER LETZ: It seems -- going back, it 15 seems to me there's a framework that needs to be improved 16 upon, and it's -- and we certainly have legislators that 17 represent us and others, and if it's a -- if the problem's 18 with that commission and their direction that they're going, 19 that ought to be part of the solution, in my mind. 20 JUDGE TINLEY: Yes, sir. 21 COMMISSIONER WILLIAMS: The Texas statute that you 22 referred to that requires this type of a counselor, it's 23 based on the size of the county? 24 MR. PENTZ: Yeah, that's correct. 25 COMMISSIONER WILLIAMS: About 200,000? 9-28-09 32 1 MR. PENTZ: 200,000. If your county is 200,000 in 2 population or more, you are required to have a county 3 veterans service officer. 4 COMMISSIONER WILLIAMS: Anything less is not 5 required? 6 MR. PENTZ: Anything less, it's a -- it's at the 7 desire of the County Commissioners. 8 COMMISSIONER WILLIAMS: In those situations where 9 it is mandated by Texas statute, is funding provided? 10 MR. PENTZ: By the county. 11 COMMISSIONER WILLIAMS: Oh, by the county, but not 12 by the state? 13 MR. PENTZ: But the training -- the training 14 function is provided by the -- by the Texas Veterans 15 Commission, so there's kind of a split funding. The Texas 16 Veterans Commission is mandated to provide initial and 17 continuing training for county service officers. 18 COMMISSIONER WILLIAMS: Okay. 19 JUDGE TINLEY: But the funding of the positions is 20 a county function. 21 COMMISSIONER WILLIAMS: Thank you. 22 JUDGE TINLEY: Any more questions for Mr. Pentz? 23 COMMISSIONER BALDWIN: I do have one more. 24 Mr. Pentz, have you met with the local council, with General 25 Schellhase and that group? 9-28-09 33 1 MR. PENTZ: I've had the opportunity to meet his 2 wife at the Salvation Army thrift store. 3 COMMISSIONER BALDWIN: Well, good for you. 4 MR. PENTZ: But, no, I don't believe I -- I really 5 haven't. I just haven't had that opportunity. 6 COMMISSIONER BALDWIN: That may be step one. Thank 7 you. 8 JUDGE TINLEY: Thank you, sir. We appreciate it. 9 MR. PENTZ: Thank you, Judge. Thank you, 10 Commissioners. 11 JUDGE TINLEY: Let's move to Item 7; consider, 12 discuss, take appropriate action on FY 2009-10 budgets and 13 fiscal capital expenditure and personnel matters related 14 thereto for various county departments. I'm going to be 15 jumping around here a little bit, because we've got a certain 16 sequence we need to take some of these things in, and before 17 we adopt the tax rate, we need to adopt the budget ahead of 18 that, so I'm going to be bouncing around a little bit. But 19 Item 7 is what's before us now. I have one item that came in 20 belatedly dealing with Alamo R.C.& D. that apparently got 21 omitted from the budget under County-sponsored. There should 22 have been $1,000. I don't think it got in there. 23 COMMISSIONER WILLIAMS: It did not. I don't 24 believe it did, Judge. 25 JUDGE TINLEY: As I recall, that's one that we 9-28-09 34 1 just -- within the last six months, when Joe Ramos was here, 2 I think there was a $14,000 -- 3 COMMISSIONER WILLIAMS: Within the last six weeks. 4 JUDGE TINLEY: Six weeks? Okay. 5 COMMISSIONER WILLIAMS: We just got 14,000 from 6 them, and I think there have been several occasions where 7 Kerr County has been awarded grants from these folks in 8 significant sums, the highest being something like 35,000 at 9 one time. 10 JUDGE TINLEY: And, apparently -- I apologize for 11 that oversight. I did not get that in there. That's $1,000, 12 Alamo R.C.& D. 13 COMMISSIONER BALDWIN: Judge, is that the 14 membership dues? Or is that -- 15 JUDGE TINLEY: No. No. No, that's -- 16 COMMISSIONER BALDWIN: Is that participation? 17 COMMISSIONER WILLIAMS: It's participation, Kerr 18 County. 19 COMMISSIONER BALDWIN: Okay. 20 COMMISSIONER WILLIAMS: No dues. 21 COMMISSIONER BALDWIN: What -- are we opening the 22 table up for those kind of issues? 23 JUDGE TINLEY: Yes, it's wide open. 24 COMMISSIONER BALDWIN: Did -- did we settle on the 25 problem of volunteer fire departments asking for help and 9-28-09 35 1 people bringing in bulldozers and us being able to help them 2 with funds, et cetera? 3 MS. HARGIS: I believe we put extra funds in there 4 in the amount of $30,000. 5 COMMISSIONER OEHLER: I think that's right. That's 6 what I remember. 7 COMMISSIONER BALDWIN: Okay. 8 COMMISSIONER OEHLER: Just for the case that -- you 9 know, in case that does happen and they have to be called in, 10 they have to be called by the Sheriff to receive 11 compensation. 12 COMMISSIONER BALDWIN: Yeah. And do we have any 13 guidelines on -- I mean, do we -- do we pay them for their 14 beer? Or just their tires or just fuel, or what? 15 COMMISSIONER OEHLER: I think it's fuel and time 16 and manpower. Not liquids. 17 COMMISSIONER BALDWIN: Might not be a bad idea to 18 make that decision, though. 19 COMMISSIONER OEHLER: Yeah. 20 COMMISSIONER BALDWIN: At some point. 21 COMMISSIONER OEHLER: I think you and the Sheriff 22 ought to come up with that policy. 23 COMMISSIONER BALDWIN: One of us and the Sheriff, 24 at least. 25 COMMISSIONER OEHLER: You mean you don't want to do 9-28-09 36 1 it? 2 COMMISSIONER BALDWIN: No. 3 COMMISSIONER OEHLER: Maybe the Judge will do it. 4 JUDGE TINLEY: Don't increase my bailiwick. 5 COMMISSIONER OEHLER: Who is that? Is that you, 6 Bill, or is that Jonathan? 7 COMMISSIONER WILLIAMS: We're kicking that can all 8 around here. 9 COMMISSIONER OEHLER: I know. It's not mine. 10 Somebody needs to step up to the plate. 11 SHERIFF HIERHOLZER: Most of those are out west 12 that we have to deal with. 13 COMMISSIONER WILLIAMS: Field's wide-open. 14 COMMISSIONER OEHLER: No. 15 COMMISSIONER BALDWIN: That was the only one I 16 could think of. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: Well, I have one. I have 19 one. I think there's been some new information that's come 20 to light that, for some reason, we've never had before, and 21 -- and it only -- the Judge and I attended a public hearing 22 upstairs last week with Keith Williams regarding the proposed 23 salary increases for their department people. And -- and 24 from what I've been able to find out, they have the authority 25 to set those salaries, compensation for their court reporters 9-28-09 37 1 and the County Auditor, and the County Auditor's salary could 2 not be increased more than 5 percent without Commissioners 3 Court approval. Which that didn't happen, so it wasn't 4 signed, what we requested on the Auditor. The compensation 5 for the -- his court coordinate -- not coordinator, the court 6 reporter, was set at 5 percent increase, and he has the 7 authority to go up to 10 without Commissioners Court 8 approval. 9 However, he -- it was found out that he does not 10 have the authority to set compensation for the court 11 coordinator, and I have the law here. It's Section 74.104, 12 Compensation. And I'll just read it, make it part of the 13 record. "The judges shall determine reasonable compensation 14 for the court coordinator, subject to the approval of 15 commissioners court. Upon approval by commissioners court of 16 the position and compensation, commissioners court of the 17 county shall provide the necessary funding for the county's 18 budget process. County funds may be supplemented in whole or 19 part through public or private grants." And so that tells me 20 that we have the authority to set the court coordinator's 21 compensation. And what was proposed by -- by the Judge was 22 an 8 percent increase in compensation for the court 23 coordinator. I suggest that -- and by Court Order Number 24 31446, we opposed the funding of anything over what was 25 approved by the Court for the raises for all other county 9-28-09 38 1 employees, elected officials, and department heads, which was 2 one and a half percent starting in April. So, I suggest that 3 we -- we amend the court coordinator's salary to reflect the 4 old salary with the same compensation as all the other county 5 employees, starting in April with a 1.5 increase. 6 JUDGE TINLEY: With respect to the other employees 7 that fall under the District Judges' budget, would those also 8 be part of the regular county budget process? Mr. Emerson? 9 MR. EMERSON: It's my understanding, Your Honor. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: I would recommend that that 12 be part of the -- part of what I'm saying that we should do, 13 is make them -- tie them to everybody else. That's all 14 other employees, to be fair. I think it's the fair thing to 15 do. I guess that's why the law is there like it is. 16 COMMISSIONER WILLIAMS: Only exemption, by your 17 reading of the law, Commissioner, is court reporter? 18 COMMISSIONER OEHLER: Court reporter and -- 19 COMMISSIONER LETZ: And auditor. 20 JUDGE TINLEY: Auditor. 21 COMMISSIONER OEHLER: Auditor and court reporter is 22 the only ones that they actually have the authority to set 23 compensation, and they give parameters and limits for that, 24 which that was not exceeded in his -- his order that he 25 signed on Thursday, I believe it was. 9-28-09 39 1 COMMISSIONER BALDWIN: Did -- I want to ask you 2 again; I misunderstood you, I think. Did you say that they 3 actually gave one to the Auditor? 4 COMMISSIONER OEHLER: Yes, they gave the 1.5 that 5 we -- 6 COMMISSIONER BALDWIN: 1.5? 7 COMMISSIONER OEHLER: And she was -- 8 COMMISSIONER BALDWIN: Is that over and above what 9 we did? 10 COMMISSIONER OEHLER: No. That was -- 11 COMMISSIONER BALDWIN: It's the same one? 12 COMMISSIONER OEHLER: Same one. 13 JUDGE TINLEY: The Auditor requested from the judge 14 exactly what Kerr County employees got. 15 COMMISSIONER BALDWIN: And that's honorable. 16 COMMISSIONER OEHLER: I commend her for that. 17 COMMISSIONER BALDWIN: I commend her for that. 18 That's good. What about the court reporters? 19 COMMISSIONER OEHLER: Court reporter got 5 percent. 20 COMMISSIONER BALDWIN: 5 percent. 21 COMMISSIONER OEHLER: But they can give them up to 22 10 without Commissioners Court approval. 23 COMMISSIONER BALDWIN: Does that 5 include what we 24 had given? Or -- it's over and above? 25 COMMISSIONER OEHLER: Just 5 percent, I believe, 9-28-09 40 1 the way I understood. 2 MS. HARGIS: No, I did not include anything extra. 3 COMMISSIONER OEHLER: Not above. Strictly 4 5 percent, the way I understood it. That's my 5 recommendation. 6 COMMISSIONER LETZ: This doesn't resolve anything 7 about the court reporter issues that Commissioner Baldwin 8 brings up about them getting paid and then repaid to do more. 9 COMMISSIONER OEHLER: I brought that up at the 10 hearing, and it didn't go very well for me. 11 COMMISSIONER BALDWIN: It probably causes more -- 12 COMMISSIONER OEHLER: Yes. 13 COMMISSIONER BALDWIN: -- problems than it fixes, 14 so I'm going to shut up for a few years. But I'll be back. 15 COMMISSIONER OEHLER: But, anyway, that's -- I know 16 I will be in there with you, because I think it's unfair. 17 But that's -- 18 COMMISSIONER LETZ: I agree with you, Commissioner. 19 I appreciate you going and the Judge going to the hearing. 20 And I think that -- 21 SHERIFF HIERHOLZER: If you're a Kerr County 22 employee, you're a Kerr County employee. You should be 23 treated the same. 24 COMMISSIONER OEHLER: That's right. That's what 25 I'm trying to do. I'm not trying to hurt anybody or go out 9-28-09 41 1 for anybody personally. This is business. This is what 2 we're supposed to do. 3 JUDGE TINLEY: Commissioner, as I'm sure you 4 recall, because you made the motion to oppose any increases 5 in excess of that which were granted to Kerr County employees 6 only, there was a -- a motion that passed this Court to that 7 effect, and it occurs to me that with that motion approved 8 and in place, now that we know what the law is, that is where 9 we are. 10 COMMISSIONER OEHLER: That's the way I see it, and 11 especially if you agree with that. 12 JUDGE TINLEY: Well, there's the man that -- 13 COMMISSIONER OEHLER: Rex, do you agree with what 14 we're saying here? 15 (Mr. Emerson nodded.) 16 COMMISSIONER WILLIAMS: Good with me. 17 COMMISSIONER OEHLER: That's all it is. 18 JUDGE TINLEY: I think the budget needs to be 19 adjusted accordingly, then, for all of the District Court 20 personnel that we have authority over. 21 COMMISSIONER OEHLER: I agree. 22 JUDGE TINLEY: Okay. Any more items with regard to 23 Item 7? 24 COMMISSIONER LETZ: Just a quick question. 25 Ms. Hargis? 9-28-09 42 1 MS. HARGIS: Yes, sir? 2 COMMISSIONER LETZ: What is the amount in 3 professional services for either the Commissioners Court 4 and/or nondepartmental that is not allocated to specific 5 purposes like the auditor, or -- I mean, like the outside 6 auditor, things of that nature? 7 MS. HARGIS: I think we put 25,000 this year in 8 there for that, is all. Everything else is allocated. 9 COMMISSIONER BALDWIN: Now, does that -- does that 10 include surveying? 11 JUDGE TINLEY: That would. 12 COMMISSIONER WILLIAMS: Outside engineer. 13 COMMISSIONER BALDWIN: Lawyers and that kind of 14 thing. 15 COMMISSIONER WILLIAMS: Professional services. 16 COMMISSIONER LETZ: It includes the lawsuits that 17 the Sheriff gets us into? (Laughter.) 18 MS. HARGIS: No. 19 COMMISSIONER LETZ: I mean, there's a deductible 20 that comes out of those lawsuits. 21 MS. HARGIS: Yeah. 22 COMMISSIONER LETZ: Does that come out of that line 23 item? 24 MS. HARGIS: It's been coming out of his budget. 25 COMMISSIONER LETZ: Okay, that's better. 9-28-09 43 1 COMMISSIONER WILLIAMS: That's where it belongs. 2 MS. HARGIS: We haven't had it. So -- 3 SHERIFF HIERHOLZER: Well, you're -- I don't know 4 where it could come out of my budget, and we do have two 5 pending that there will be bills submitted after October 1, 6 okay? And I don't have either one of those deductibles in my 7 budget. Never have. They've always come out of professional 8 services. 9 COMMISSIONER LETZ: And -- I mean, and that's a -- 10 that is a little jab to the Sheriff. He's done an excellent 11 job of keeping us out of lawsuits. I believe there's a 12 $10,000 deductible. 13 SHERIFF HIERHOLZER: $10,000 a piece. Now, these 14 two I don't have any problem with, but there will be some, 15 and this won't be that amount. 16 COMMISSIONER LETZ: And the reason I'm bringing 17 this up, just for the Court, there's a couple other items 18 that are not big-ticket items, but I think there will be a 19 little bit. And I'll know more after our meeting with 20 U.G.R.A. today. The appeal going on to the GMA-9 process, 21 Ray and I have talked. It's felt that it's probably going to 22 be wise to have a geologic or a modeling person hired to do a 23 little bit of the -- to be able to speak intelligently once 24 this thing gets to Austin. They -- and also, they think 25 there's a need for an attorney also. I don't see a need for 9-28-09 44 1 an attorney in this appeal, but I there think there will be a 2 little bit there. And the other thing, we have had some 3 budgeted or earmarked for some water issues, and I think with 4 the Legislature coming on with what it is, I think that's 5 going to be important to have some. I think we have 35,000 6 there earmarked for -- 7 COMMISSIONER WILLIAMS: I think so. 8 COMMISSIONER LETZ: -- for water attorney-type 9 stuff. 10 COMMISSIONER WILLIAMS: Right. 11 COMMISSIONER LETZ: I just want to make sure that 12 we're covered on the professional services side, because I -- 13 I see those two. And, I mean, 5,000 should be enough for 14 both of those, in my mind. 15 COMMISSIONER WILLIAMS: Well, the 35,000 was 16 intended originally for water attorney advice in terms of the 17 negotiation you and I are going to start. 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER WILLIAMS: But not the other -- second 20 issue that you raised. 21 COMMISSIONER LETZ: Right. I think there's 22 probably enough there. I just want to make -- 20,000 may 23 seem a little bit light on that item. 24 COMMISSIONER BALDWIN: What is this expert witness 25 type guy? Who -- what kind of person is that? 9-28-09 45 1 COMMISSIONER LETZ: I'm not -- it's a John Ashworth 2 type person, but probably not John Ashworth, because he's 3 representing Region J. I think he gets into a conflict a 4 little bit there. But the person Ray has found, I'm not 5 so -- so positive we need this person. I think it's very 6 limited, but I think the use -- and I think we'll probably be 7 able to share it. I'll bring that at the next Commissioners 8 Court meeting to kind of go over. 9 COMMISSIONER BALDWIN: We budget for it and they 10 pay for it? 11 COMMISSIONER LETZ: They'll pay part of it. Region 12 J may part pay of it; it will be on that agenda, too. So, 13 they've come up with a guy with LBG Guyton who's the head of 14 the Austin office, a modeling expert. One of our -- the 15 appeal talked about modeling a lot. That's one of the big 16 problems, and I think it would have more weight when it gets 17 to their board especially, depending on what the Water 18 Development Board does. Of course, if we're going to 19 challenge that their model shouldn't be used for this, then 20 we probably ought to have somebody that knows what they're 21 talking about other than me. 22 COMMISSIONER BALDWIN: Can you take him on a deer 23 hunt down at your place or something? 24 COMMISSIONER LETZ: We don't have any deer. 25 COMMISSIONER BALDWIN: I see. (Laughter.) 9-28-09 46 1 COMMISSIONER OEHLER: Available deer, anyway. 2 COMMISSIONER BALDWIN: Yeah, okay. The price just 3 went up. I see. 4 COMMISSIONER LETZ: But, anyway, I think it's a 5 pretty nominal amount. I'm talking about $1,000 or $2,000 6 total maximum at the outside. There's probably enough there. 7 I just want to make sure that this other water issue -- I 8 think it will be a little bit more significant on both the 9 G.B.R.A. discussions and also the east Kerr County 10 discussions on water availability and, you know, what water 11 rights could be acquired. 12 MS. HARGIS: We also raised contingency this year. 13 We used 50,000 last year; I put it to 65,000 this year, so -- 14 COMMISSIONER LETZ: Okay. 15 MS. HARGIS: -- we have a little bit of extra money 16 there. 'Cause I felt we needed more money there for optional 17 and in nondepartmental. 18 COMMISSIONER LETZ: Well, that's -- that's plenty, 19 then. Those two are enough. 20 COMMISSIONER WILLIAMS: I agree. 21 COMMISSIONER LETZ: No change needed. 22 JUDGE TINLEY: Any more items with regard to Agenda 23 Item 7? Ms. Hargis, with regard to Road and Bridge 24 equipment, the -- the resolution that we're going to be 25 dealing with doesn't talk about specific items of equipment, 9-28-09 47 1 but rather just says various capital equipment? 2 MS. HARGIS: That's correct. 3 JUDGE TINLEY: Okay. 4 MS. HARGIS: We don't want to spell it down. We do 5 have a list that we're going by, but we're not -- you know, 6 not held to that list. 7 JUDGE TINLEY: As long as it fits within the 8 category in the resolution? 9 MS. HARGIS: That's correct. 10 JUDGE TINLEY: Okay. All right, thank you. Is 11 that it as to Item 7? 12 MS. HARGIS: That's it. 13 JUDGE TINLEY: Do you have any more items that you 14 wish to -- 15 MS. HARGIS: Well, I just -- and it's going back to 16 this gentleman on the V.A. And it's just a personal thing 17 with me, but my mother was a World War II veteran, and we had 18 a lot of problems -- she had a brain tumor. We had a lot of 19 trouble in the Veterans Administration, and we had an 20 advocate that was hired by Montgomery County, and he actually 21 took her to the hospital and drove her to Houston, and was 22 instrumental in a lot of help. So, just my two cents worth. 23 JUDGE TINLEY: Okay, thank you. We've got a 9:45 24 timed item. At this time, I will recess the Commissioners 25 Court, and I will convene a public hearing on the proposed 9-28-09 48 1 salary increases, expenses, and allowances for elected 2 officials of Kerr County, Texas for FY 2009-10. 3 (The regular Commissioners Court meeting was closed at 9:54 a.m., and a public hearing was held in open 4 court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE TINLEY: Is there any member of the public 7 that wishes to be heard with respect to the proposed salary 8 increases, expenses, and allowances for elected officials of 9 Kerr County, Texas for FY 2009-10? Seeing no one coming 10 forward, I will close the public hearing on the proposed 11 salary increases, expenses, and allowances for elected 12 officials of Kerr County, Texas for FY 2009-10. 13 (The public hearing was concluded at 9:54 a.m., and the regular Commissioners Court meeting was 14 reopened.) 15 - - - - - - - - - - 16 JUDGE TINLEY: And we will go to Item 24. That 17 agenda item is to consider, discuss, and take appropriate 18 action to adopt the proposed salary increases, expenses, and 19 allowances for elected officials of Kerr County, Texas, in 20 accordance with the public notice as published in the 21 Kerrville Daily Times. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of that agenda item. Question or discussion? All 9-28-09 49 1 in favor of the motion, signify by raising your right hand. 2 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 3 JUDGE TINLEY: All opposed, same sign. 4 (Commissioner Oehler voted against the motion.) 5 6 JUDGE TINLEY: That motion does carry. Let's go to 7 Item 4; consider, discuss, and take appropriate action on 8 order expressing intent to reimburse with tax-exempt 9 obligation proceeds for costs associated with constructing or 10 acquiring various capital assets and improvements within the 11 county. Ms. Hargis again. We previously passed a 12 resolution, and there have been some additions to that. 13 MS. HARGIS: Yes. So, this is just a revision. 14 JUDGE TINLEY: We've increased it to the amount as 15 shown on the projects and capital items list which you 16 furnished to members of the Court, with a resolution capped 17 at -- 18 MS. HARGIS: 4.9. 19 JUDGE TINLEY: -- 4.9 million. 20 MS. HARGIS: The reason being, if there was 21 anything else that needed to come up, we wouldn't have to go 22 back to this resolution. 23 JUDGE TINLEY: That includes cost of issuance also? 24 MS. HARGIS: That includes cost of issuance. And I 25 would not advise you to go over that, because, again, if we 9-28-09 50 1 go to 5 million, we're in the arbitrage, so we need to keep 2 it under 4.9. But this is just in case something else does 3 come up that we -- that we need extra money for, a grant or 4 something before we go with this issue. 5 JUDGE TINLEY: This is a cap; it's not a 6 requirement. 7 MS. HARGIS: No. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER WILLIAMS: This is for two years -- 10 budget years, correct? 11 MS. HARGIS: Supposed to be for two budget years, 12 most of the items. 13 COMMISSIONER WILLIAMS: This particular item? 14 MS. HARGIS: Yes. 15 COMMISSIONER LETZ: What's the current amount? 16 MS. HARGIS: The current amount we put in there was 17 4.1. We've already gone over that; we're at 4.7. 18 COMMISSIONER WILLIAMS: I would move adoption of an 19 order expressing intent to reimburse with tax-exempt 20 obligation proceeds for costs associated with constructing or 21 acquiring various capital assets and improvements within Kerr 22 County. 23 COMMISSIONER LETZ: Second. 24 JUDGE TINLEY: Motion made and seconded. I assume 25 that's capped at 4.9? 9-28-09 51 1 COMMISSIONER LETZ: Yes. 2 JUDGE TINLEY: Question or discussion on that 3 motion? All in favor of that motion, signify by raising your 4 right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Let's go to 9 Item 6; consider, discuss, and take appropriate action to 10 approve new copier contract for County Judge and 11 Commissioners. Ms. Grinstead was working on that item. The 12 contracts were submitted to the County Attorney for review 13 and approval. There are two contracts under consideration. 14 In my last conversation with Ms. Grinstead, who is on 15 vacation this week, she prefers the Ikon contract. It's 16 actually a little bit less after some -- some arm-twisting 17 and whatnot, and it's also the contract I think that the 18 County Attorney, upon review, thought was the most 19 appropriate, after a couple of modifications. Is that 20 correct? 21 MR. EMERSON: That's correct. 22 JUDGE TINLEY: So, there would have to be a couple 23 of minor modifications, as there are with most of our 24 contracts, and -- but it would be subject to the County 25 Attorney's approval. 9-28-09 52 1 COMMISSIONER WILLIAMS: Which one are we -- 2 JUDGE TINLEY: The Ikon. 3 COMMISSIONER WILLIAMS: The Ikon, okay. 4 COMMISSIONER LETZ: We need a motion on that? 5 JUDGE TINLEY: I just jumped right in the middle of 6 your agenda item, didn't I, Commissioner? 7 COMMISSIONER BALDWIN: You did well. 8 JUDGE TINLEY: I see. 9 COMMISSIONER BALDWIN: You make the motion now. 10 JUDGE TINLEY: I was waiting on you for that. 11 COMMISSIONER BALDWIN: I thought it was kind of -- 12 what was interesting is, she didn't mean to get into this 13 bidding war, but Jody just kept dealing with these people, 14 and they got into a bidding war, and it just came down, came 15 down. One of the guys called me the other day and said to 16 me, "I'm thinking about purchasing a new vehicle. Can I 17 borrow Jody when it comes that time?" (Laughter.) 18 COMMISSIONER WILLIAMS: Good idea. 19 COMMISSIONER BALDWIN: You know, there's another 20 part of this thing, and one of the criteria that I would use, 21 and that is the folks that we deal with presently, that we 22 have been dealing with for years and have -- have had 23 excellent service from, I just think that that's a big, huge 24 part of it, even though they are a little bit higher. 25 JUDGE TINLEY: Not any more. 9-28-09 53 1 COMMISSIONER BALDWIN: No. Oh, that's right. 2 That's right, they came down. So -- 3 JUDGE TINLEY: Yeah. She beat up on them pretty 4 good, I think. 5 COMMISSIONER BALDWIN: Yeah. It got really funny 6 there at the end. So, I move that we accept the proposal 7 from -- 8 JUDGE TINLEY: Ikon. 9 COMMISSIONER BALDWIN: -- Ikon. 10 JUDGE TINLEY: Subject to the wrinkles being worked 11 out with the County Attorney? 12 COMMISSIONER BALDWIN: I thought we'd done that. 13 JUDGE TINLEY: Well, we got to clear them with the 14 vendor, but I don't see that as a problem. 15 COMMISSIONER BALDWIN: Subject to the County 16 Attorney's approval, yes, sir. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded as 19 indicated. Question or discussion? All in favor of the 20 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. At this 25 time, I will recess the Commissioners Court meeting, and I 9-28-09 54 1 will convene a public hearing under Item 11, the public 2 hearing on the fiscal year 2009-10 Kerr County budget. 3 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing was held in 4 open court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE TINLEY: Is there any member of the public 7 that wishes to be heard with respect to the 2009-10 fiscal 8 year Kerr County budget? Seeing no one coming forward, I 9 will close the public hearing on the FY 2009-10 Kerr County 10 budget. 11 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was 12 reopened.) 13 - - - - - - - - - - 14 JUDGE TINLEY: And I will reconvene the 15 Commissioners Court meeting and go to Item 25; to consider, 16 discuss, and take appropriate action to adopt the fiscal year 17 2009-10 Kerr County budget. 18 MS. HARGIS: I think you all have the final copies. 19 I have the two revisions of the $1,000 and of the lowering of 20 the salaries. Is there anything else? 21 COMMISSIONER LETZ: I move we approve the budget as 22 modified today. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of the proposed FY 2009-10 Kerr County budget, with 9-28-09 55 1 the adjustments as just discussed. Question or discussion? 2 COMMISSIONER LETZ: First, can you give us -- do 3 you have handy a total expenditure? 4 MS. HARGIS: Yes. Sorry, we didn't pass out all 5 the books. The total expenditures on the general fund is 6 21,989,453, Road and Bridge 2,869,042, and in the 7 miscellaneous funds, 361,128, for a total of 25 thousand -- 8 COMMISSIONER LETZ: Million. 9 MS. HARGIS: Excuse me, 25,219,623. 10 COMMISSIONER WILLIAMS: 623? 11 MS. HARGIS: Mm-hmm. 12 COMMISSIONER LETZ: Thank you. 13 MS. HARGIS: You will all be receiving your books 14 probably in about three weeks. 15 COMMISSIONER LETZ: All right. 16 JUDGE TINLEY: Further question or discussion on 17 that motion? All in favor of the motion, signify by raising 18 your right hand. 19 (Commissioners Baldwin, Williams, and Letz voted in favor of the motion.) 20 JUDGE TINLEY: All opposed, same sign. 21 (Commissioner Oehler voted against the motion.) 22 23 COMMISSIONER OEHLER: I oppose because there are 24 salary increases in there that aren't justified. 25 JUDGE TINLEY: That motion does carry. Okay, let's 9-28-09 56 1 go to our next 10 o'clock timed item; to consider, discuss, 2 and take appropriate action to adopt the 2009 Kerr County tax 3 rate, including maintenance and operation, interest and 4 sinking funds, or debt, and lateral roads tax rates. 5 Gentlemen, there's going to be a number of motions required 6 with respect to this. According to Ms. Bolin, who has 7 provided that information to me, there are a total of -- one, 8 two, three, four record votes to be cast on the following 9 motions; a motion to adopt the maintenance and operation tax 10 rate of 35.92 cents per $100. 11 MS. BOLIN: No, sir, .3592. 12 JUDGE TINLEY: Well, that's 35.92 cents per $100 13 valuation. 14 MS. BOLIN: Okay. 15 JUDGE TINLEY: For the 2009 tax year. I guess, 16 stated in tax rates, at .3592. 17 MS. BOLIN: Yes, sir. 18 JUDGE TINLEY: Do I hear a motion to adopt the 19 maintenance and operation tax rate of .3592 for the 2009 tax 20 year? 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: We have a motion and a second. 24 Question or discussion on that particular motion? 25 COMMISSIONER OEHLER: The only thing I will say is 9-28-09 57 1 that I will probably vote for this, because it would not have 2 any effect on -- the tax rate would remain the same even 3 without the increases in salary, or with the salary 4 increases. 5 JUDGE TINLEY: Any other question or discussion on 6 that motion? We'll take a record vote. Commissioner 7 Baldwin? 8 COMMISSIONER BALDWIN: Aye. 9 JUDGE TINLEY: Commissioner Williams? 10 COMMISSIONER WILLIAMS: Aye. 11 JUDGE TINLEY: Commissioner Letz? 12 COMMISSIONER LETZ: Aye. 13 JUDGE TINLEY: Commissioner Oehler? 14 COMMISSIONER OEHLER: Aye. 15 JUDGE TINLEY: And the chair votes in the 16 affirmative. Do I hear a motion to adopt the interest and 17 sinking or debt rate of .0379 for the 2009 tax year? 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded. Question 21 or discussion on that motion? Again, gentlemen, record vote. 22 Commissioner Baldwin? 23 COMMISSIONER BALDWIN: Aye. 24 JUDGE TINLEY: Commissioner Williams? 25 COMMISSIONER WILLIAMS: Aye. 9-28-09 58 1 JUDGE TINLEY: Commissioner Letz? 2 COMMISSIONER LETZ: Aye. 3 JUDGE TINLEY: Commissioner Letz -- or Oehler? 4 COMMISSIONER OEHLER: Aye. 5 COMMISSIONER BALDWIN: Oh, he gets two votes down 6 there in Comfort now. (Laughter.) I see how this works. 7 SHERIFF HIERHOLZER: That's how they do it on the 8 east end. 9 JUDGE TINLEY: And the chair votes in the 10 affirmative, and that motion also passes. Do I hear a motion 11 to adopt the lateral roads tax rate of .0322 for the 2009 tax 12 year? 13 COMMISSIONER OEHLER: So moved. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded. Any 16 question or discussion on that motion? All in favor of the 17 motion? We'll take a record vote. Commissioner Baldwin? 18 COMMISSIONER BALDWIN: Aye. 19 JUDGE TINLEY: Commissioner Williams? 20 COMMISSIONER WILLIAMS: Aye. 21 JUDGE TINLEY: Commissioner Letz? 22 COMMISSIONER LETZ: Aye. 23 JUDGE TINLEY: Commissioner Oehler? 24 COMMISSIONER OEHLER: Aye. 25 JUDGE TINLEY: I started to give you two this time, 9-28-09 59 1 since he had two last time. The chair votes in the 2 affirmative on that motion also. Do I hear a motion to adopt 3 the combined total tax rate for Kerr County of .4293 for the 4 2009 tax year, which is a total of the M & O at .3592, 5 interest and sinking at .0379, and lateral roads, which is 6 .03 -- .0322, and which is a tax rate which will raise more 7 taxes for maintenance and operation than last year's rate? 8 Commissioner Baldwin? 9 COMMISSIONER BALDWIN: May I ask a question? 10 JUDGE TINLEY: Yes, sir. 11 COMMISSIONER BALDWIN: It raises more revenue than 12 last year's rate; however, it is the same rate that it was 13 last year. There's not a tax increase in this. 14 JUDGE TINLEY: Not a tax rate increase, no, sir. 15 COMMISSIONER BALDWIN: Okay. 16 JUDGE TINLEY: It's very similar to this 17 transparency, when we had the gentleman come before us at a 18 public hearing. We're required to disclose if we will be 19 getting more tax money than we got last year. 20 COMMISSIONER BALDWIN: Yeah. 21 JUDGE TINLEY: And if you're getting a dollar more 22 tax money, you must so state. Commissioner, I would submit 23 to you, if we're not having growth and increasing our tax 24 increase by dollars, we've got a serious problem 25 economically. 9-28-09 60 1 COMMISSIONER BALDWIN: Mm-hmm. 2 JUDGE TINLEY: But that's the way we're required to 3 disclose it under state law. 4 COMMISSIONER BALDWIN: Yeah. 5 JUDGE TINLEY: So -- 6 COMMISSIONER WILLIAMS: I think it's important, 7 Judge, that we just point out that -- that the motion that's 8 before the Court right now raises property taxes in last 9 year's budget by $179,879, which equates to a 1 percent 10 increase, and of that amount, $74,127 is tax revenue to be 11 raised from new property added to the tax rolls. 12 COMMISSIONER BALDWIN: Excellent. 13 JUDGE TINLEY: That is correct. 14 COMMISSIONER LETZ: Is there -- is there a motion 15 on this one? 16 COMMISSIONER BALDWIN: Mm-hmm. 17 JUDGE TINLEY: I'm -- yes, there is. 18 COMMISSIONER LETZ: Okay. 19 JUDGE TINLEY: There is a motion and a second. 20 THE CLERK: On the combined total, we do not have a 21 motion. 22 JUDGE TINLEY: We don't? So that -- 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded. Further 9-28-09 61 1 question or discussion? All in favor of the motion? Let's 2 go by record vote again. Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Aye. 4 JUDGE TINLEY: Commissioner Williams? 5 COMMISSIONER WILLIAMS: Aye. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: Aye. 8 JUDGE TINLEY: Commissioner Oehler? 9 COMMISSIONER OEHLER: Aye. 10 JUDGE TINLEY: Chair votes in the affirmative. 11 With respect to the budget which we just adopted, there needs 12 to be a follow-on motion, as indicated by Commissioner 13 Williams, that the 2009-10 Kerr County budget which has been 14 adopted will raise more total property taxes than last year's 15 budget by $179,879, which is a 1 percent increase, and of 16 that amount, $74,127 is tax revenue to be raised from new 17 property added to the tax roll this year. Do I hear a motion 18 to adopt the budget with that proviso? 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE TINLEY: Motion made and seconded as 22 indicated. Question or discussion? 23 COMMISSIONER BALDWIN: Yeah. And why are we -- why 24 is this? Why are we voting on this thing? 25 COMMISSIONER WILLIAMS: State law. 9-28-09 62 1 JUDGE TINLEY: State law, very simply. 2 COMMISSIONER BALDWIN: That -- somebody get Harvey 3 Hilderbran in here. This is the craziest thing I've ever 4 seen, amongst many today. 5 JUDGE TINLEY: I think the transparency has created 6 confusion rather than transparency. 7 COMMISSIONER BALDWIN: It really has. 8 JUDGE TINLEY: We have a motion and a second. Is 9 that a record vote requirement? 10 MS. HARGIS: No. 11 JUDGE TINLEY: Pardon? 12 MS. HARGIS: No. No. 13 JUDGE TINLEY: All in favor of the motion, signify 14 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. Okay, we 19 got that behind us. We'll go to our next 10 o'clock timed 20 item, which is to consider, discuss, and take appropriate 21 action to adopt the 2009 Lake Ingram Road District tax rate, 22 again a record vote. It would be on a motion to adopt the 23 Lake Ingram Estates Road District tax rate of .3611, or 36.11 24 cents per $100 valuation for the 2009 tax year, and which 25 would be a tax rate which will raise more taxes for the 9-28-09 63 1 maintenance and operations than last year's rate. Do I hear 2 a motion to that effect? 3 COMMISSIONER OEHLER: Move approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded. Further 6 question or discussion on that motion? 7 COMMISSIONER BALDWIN: Judge, did that -- did those 8 numbers change from last year to right now? 9 MS. BOLIN: They did. They went down. 10 COMMISSIONER BALDWIN: They've gone down because -- 11 because a lot of it's been paid off? 12 MS. BOLIN: Correct. 13 COMMISSIONER BALDWIN: Down from what, though? I 14 think that would be an interesting thing to -- 15 MS. BOLIN: It was .399 something. 16 COMMISSIONER BALDWIN: Okay. 17 MS. BOLIN: Last year. 18 COMMISSIONER BALDWIN: That's good. Okay, thank 19 you. 20 COMMISSIONER LETZ: Question. The -- it says here 21 this rate will raise more taxes for maintenance and 22 operations than last year's rate. Does -- is that the debt 23 or the bond payments? 24 MS. BOLIN: Yes. 25 COMMISSIONER LETZ: Does it escalate over time, 9-28-09 64 1 or -- I mean, I guess why are we raising more than we did 2 last year? 3 MS. HARGIS: It's the values. The property tax 4 values went up, so you're -- the same thing; you're raising 5 more money just because the values of the property went up 6 with the lower rate. 7 COMMISSIONER LETZ: But I thought that this rate 8 was calculated based on -- we knew what the debt payment was, 9 and we adjusted a -- we put a tax rate in to pay that debt. 10 MS. BOLIN: Correct. 11 MS. HARGIS: That's correct. 12 COMMISSIONER LETZ: It's different than last year? 13 MS. HARGIS: No, the debt is the same. It's just 14 that the value in the district, even with the lower tax, 15 still raises more money than it did last year, and we -- it's 16 not a lot. It's just a little bit. 17 COMMISSIONER LETZ: Okay. So, it's as close as we 18 can get it? 19 MS. HARGIS: Yes. 20 COMMISSIONER LETZ: But it still raises more. You 21 don't want to raise -- 22 COMMISSIONER WILLIAMS: Are there additional 23 properties that have gone on the tax rolls of Lake Ingram 24 Road District? 25 COMMISSIONER OEHLER: You know what? I don't know. 9-28-09 65 1 MS. BOLIN: No. It's just the values have gone up. 2 COMMISSIONER WILLIAMS: Just the values have gone 3 up. 4 MS. HARGIS: Yeah. I understood it originally 5 started at a million two, and now it's up to six three, so, 6 see, it's just gone up. 7 COMMISSIONER OEHLER: Just some of those properties 8 have gone up in value, just like mine did. Whether it did or 9 not, it went up. 10 COMMISSIONER WILLIAMS: Yeah, right. I understand 11 that. 12 JUDGE TINLEY: Further question or discussion on 13 that motion? 14 THE CLERK: You need a record vote. 15 JUDGE TINLEY: Be a record vote again. 16 Commissioner Baldwin? 17 COMMISSIONER BALDWIN: Aye. 18 JUDGE TINLEY: Commissioner Williams? 19 COMMISSIONER WILLIAMS: Aye. 20 JUDGE TINLEY: Commissioner Letz? 21 COMMISSIONER LETZ: Aye. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: Aye. 24 JUDGE TINLEY: The chair votes in the affirmative. 25 MS. BOLIN: Thank you, gentlemen. 9-28-09 66 1 JUDGE TINLEY: Okay. Let's go to our next 2 10 o'clock timed item. I don't know how we figured out we 3 were going to do all these at 10 o'clock, the same time. At 4 this time, I will recess the Commissioners Court meeting and 5 I will convene a public hearing for the revision of plat of 6 Lot 3 in the Heritage Park Subdivision, Section I, as set 7 forth in Volume 4, Page 96 of the Plat Records, and located 8 in Precinct 2. 9 (The regular Commissioners Court meeting was closed at 10:15 a.m., and a public hearing was held in 10 open court, as follows:) 11 P U B L I C H E A R I N G 12 JUDGE TINLEY: Is there any member of the public 13 that wishes to be heard with regard to the revision of plat 14 of Lot 3 in the Heritage Park Subdivision, Section I, as set 15 forth in Volume 4, Page 96? Yes, sir? If you'll come 16 forward, give us your name and address, and give us your 17 input with regard to this subject? 18 MR. HORNBACK: My name is Michael Hornback, and I 19 live in Heritage Park II at 214 Deer Park Lane. And I'd like 20 to know what the revision is. 21 COMMISSIONER WILLIAMS: I'll show you. It's 22 splitting that parcel into two, one at 5.04 acres and one to 23 6.96 acres. 24 MR. HORNBACK: May I pull it forward? 25 COMMISSIONER BALDWIN: Sir, would you like to have 9-28-09 67 1 this? 2 MR. HORNBACK: Yes, I would. Thank you. That's 3 all I have. 4 JUDGE TINLEY: Okay. You just needed information? 5 MR. HORNBACK: Yeah, I needed information. Is it 6 appropriate to ask what the revision is? Is the property 7 going to be split and sold? 8 JUDGE TINLEY: The owners apparently asked for this 9 revision, and what the subsequent -- owner subsequently does 10 is really of no consequence to us, as long as it's lawful, of 11 course. 12 MR. HORNBACK: Thank you. 13 JUDGE TINLEY: You're welcome. Thank you, sir. 14 Any other member of the public that wishes to be heard with 15 respect to the revision of plat of Lot 3 in the Heritage Park 16 Subdivision, Section I, as set forth in Volume 4, Page 96, 17 Plat Records? Seeing no one else coming forward, I will 18 close the public hearing with regard to the revision of plat 19 of Lot 3 in the Heritage Park Subdivision, Section I, as set 20 forth in Volume 4, Page 96, Plat Records. 21 (The public hearing was concluded at 10:17 a.m., and the regular Commissioners Court meeting was 22 reopened.) 23 - - - - - - - - - - 24 JUDGE TINLEY: And I will go to Item 13, to 25 consider, discuss, and take appropriate action to accept the 9-28-09 68 1 final revision of plat of Lot 3 in Heritage Park Subdivision, 2 Section I, as set forth in Volume 4, Page 96, Plat Records. 3 Mr. Odom? 4 MR. ODOM: Yes, sir. Ms. Conrad owns Lot 3 in this 5 Heritage Park I subdivision, and she wishes -- it's over 6 12 acres, and wishes to divide that into two lots, Lot 3A at 7 5.04 acres and Lot 3B at 6.96 acres. Presently, Lot 3A has a 8 well on it, and that well will stay with that lot, which is 9 acceptable. And the other is to be connected up -- it fronts 10 Deer Park Lane, I believe, and is serviced by Aqua Texas, 11 which is community water. At this time, we ask the Court to 12 accept the final revision of plat for Lot 3 in Heritage Park 13 Subdivision I, Volume 4, Page 96, Precinct 2. 14 COMMISSIONER BALDWIN: What's the acreage in each 15 lot? 16 MR. ODOM: 5.04 and 6.96, which is -- meets 17 standards. 18 COMMISSIONER OEHLER: Two different accesses off 19 two different -- 20 MR. ODOM: Two different accesses, one at each end. 21 JUDGE TINLEY: You have a question over here? 22 MR. HORNBACK: You said one piece is going to be 23 accessed off Deer Park Lane? 24 MR. ODOM: That's correct. 25 MR. HORNBACK: And where does that easement or 9-28-09 69 1 right-of-way go through? 2 MR. ODOM: I don't have the slightest idea. 3 There's an easement. You know, that's up to them to -- 4 MR. HORNBACK: I'm against the property; that's why 5 I'm concerned. 6 MR. ODOM: Well, they have the right to subdivide 7 it. I'm not that privileged of -- 8 MR. HORNBACK: Well, there's no access off Deer 9 Park Lane to that property. 10 MR. ODOM: It shows that it is, sir. 11 COMMISSIONER WILLIAMS: Shows on the map. 12 MR. ODOM: Shows it on the map. Sure does, sir. 13 236.73 feet. 14 COMMISSIONER WILLIAMS: Mm-hmm. 15 MR. ODOM: Which is 150 feet frontage, which is 16 acceptable. 17 COMMISSIONER LETZ: Is Deer Park Lane a 18 County-maintained road? 19 MR. ODOM: Yes. 20 COMMISSIONER WILLIAMS: Yes, it is. 21 (Low-voice discussion off the record.) 22 COMMISSIONER WILLIAMS: 5.04 has access off of 23 Burney Road; is that correct? And the 6.96 has access off of 24 Deer Park? 25 MR. ODOM: That's correct. 9-28-09 70 1 MR. HORNBACK: I got another question here. 2 MR. ODOM: All right, sir. 3 MR. HORNBACK: You mentioned the water well. Is 4 that the community well? 5 MR. ODOM: No, the water well is on 3A, sir. 6 That's an existing residence there. And the 3B, the 7 6.96 acres, is to be community water; Aqua Texas will provide 8 water from that. And I have a letter from Headwaters from 9 Gene Williams. It's acceptable. 10 MR. HORNBACK: Judge, I have another question. 11 When this property was surveyed, I don't know who hired the 12 surveyor, but they drove across my property without even 13 coming up and ringing the doorbell. 14 COMMISSIONER WILLIAMS: I can't hear you, sir. Can 15 you come to the podium? 16 MR. HORNBACK: Surveyors drove across my property 17 without coming up to the house and ringing the doorbell, 18 asking if they could go back. They were looking for points 19 of this property here. And so I went around; I talked to the 20 surveyors about two days later, or the next day. I didn't 21 say anything to them. I just I questioned them, who was 22 driving across my property? Because it's been so dry, I 23 could tell somebody had driven across it. In the future, 24 whoever requests their property be surveyed, it would be nice 25 to know up front that we're going to have people in the area. 9-28-09 71 1 If they're going to access my property, I would like to know. 2 COMMISSIONER WILLIAMS: That would have been a 3 private surveyor. 4 MR. HORNBACK: Yes. 5 COMMISSIONER LETZ: I agree with you, but that's 6 nothing the County has any authority over. 7 MR. HORNBACK: Well, I just wanted to make it 8 known. 9 COMMISSIONER WILLIAMS: I understand. 10 MR. HORNBACK: That's how people operate. 11 COMMISSIONER WILLIAMS: I don't disagree with you, 12 but it wasn't a county surveyor. 13 MR. HORNBACK: I could squeal about surface damage, 14 but I'm not. I just want to be informed when somebody 15 accesses my property. 16 COMMISSIONER WILLIAMS: That's reasonable. 17 COMMISSIONER LETZ: Do you have a motion? 18 COMMISSIONER WILLIAMS: No, I'm getting ready to 19 make it. I would move approval of the revision of plat -- 20 final revision of plat for Lot 3 in Heritage Park 21 Subdivision, Section I, Volume 4, Page 96, Precinct 2, as 22 presented by Mr. Odom. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded as 25 indicated. Question or discussion on that motion? All in 9-28-09 72 1 favor of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. Now let's 6 go back and start cleaning up. We'll go to Item 5; consider, 7 discuss and take appropriate action to remove the concrete 8 island on the north side of the lower level parking of the 9 courthouse. 10 COMMISSIONER LETZ: Judge, I like that. We're 11 going to "clean up," and we're going to the Maintenance 12 Department. 13 COMMISSIONER OEHLER: Yeah. 14 COMMISSIONER BALDWIN: What a -- I'm kind of 15 responsible for Tim doing this, because I had a request from 16 upstairs, the District Clerk, that that island be removed. 17 It's real hard for her to get in her parking place because of 18 that curb, because she can't really make that turn, and it's 19 real narrow there. If that was removed, it would be a lot 20 easier, 'cause that's kind of where a whole bunch of the 21 courthouse people park. 22 COMMISSIONER WILLIAMS: Where is that island? 23 COMMISSIONER OEHLER: It's right at the -- if you 24 come down the sidewalk past the tree, going down into the -- 25 COMMISSIONER WILLIAMS: Oh, okay. Okay. 9-28-09 73 1 COMMISSIONER OEHLER: That island extends on out 2 past the retaining wall. 3 COMMISSIONER WILLIAMS: I got you. 4 COMMISSIONER OEHLER: Just remove it from the -- 5 MS. UECKER: Harder getting out of it than it 6 is getting in. 7 COMMISSIONER LETZ: It's more like a peninsula than 8 it is an island. 9 COMMISSIONER WILLIAMS: Thank you, Commissioner. 10 (Laughter.) 11 COMMISSIONER OEHLER: Concrete peninsula. 12 COMMISSIONER WILLIAMS: I'm trying to figure out, 13 where is this island? 14 COMMISSIONER OEHLER: It will be an island if you 15 bust out one little section. 16 COMMISSIONER BALDWIN: I read over the weekend a 17 saying of an old president, and his saying was, "Don't tear 18 down a fence until you know why it was built in the first 19 place." Now, that's -- and it started to make me wonder 20 about this. Why -- why was that island built there? What 21 was the purpose and the function of that thing -- 22 JUDGE TINLEY: In my opinion -- 23 COMMISSIONER BALDWIN: -- in the beginning? 24 JUDGE TINLEY: My opinion is for safety, so as to 25 avoid -- even though it's a one-way, people don't always go 9-28-09 74 1 one way there. I can attest to that, because some fine 2 uninsured individual who was dropping his son off to attend 3 to business in the County Court at Law on a Tuesday morning 4 criminal docket decided to go out the wrong way, and caught 5 me coming in. And, of course, I couldn't see him, 'cause he 6 was below grade when I pulled in. And he -- 7 COMMISSIONER BALDWIN: You were in the wrong? 8 JUDGE TINLEY: I was trying to go the right way in, 9 and he was going out the wrong way. My point is, people 10 don't always do what they're supposed to. And if someone 11 comes down there the wrong way and makes a left going into -- 12 towards the maintenance access, they could easily clean out 13 whoever's parked along there. I think it's a safety issue, 14 and I think the island needs to stay there. 15 COMMISSIONER WILLIAMS: Even though it's a 16 peninsula. 17 JUDGE TINLEY: The peninsula needs to stay there. 18 With all due respect, Ms. Uecker, -- 19 MS. UECKER: I understand. 20 JUDGE TINLEY: -- you can find another parking 21 place. 22 MS. UECKER: I understand. It's not that I have a 23 problem with it there. It's too long. I just think it's a 24 little bit too long. 25 JUDGE TINLEY: Well, we could spend $1,500, $2,500 9-28-09 75 1 to make it a little bit shorter, but I'm not in favor of 2 doing that, very frankly. 3 COMMISSIONER BALDWIN: I don't think I am either, 4 because -- 'cause I look at it exactly the same way, that it 5 was built there for safety reasons. But it's not anything 6 that I'm going to lose sleep over tonight, I don't think. 7 JUDGE TINLEY: Nor am I. 8 COMMISSIONER BALDWIN: But don't give Linda my home 9 phone number. 10 JUDGE TINLEY: She already has mine; it's in the 11 book. 12 COMMISSIONER OEHLER: That's why it's on the 13 agenda, so we can discuss it. 14 COMMISSIONER WILLIAMS: I think it's been 15 discussed. 16 COMMISSIONER OEHLER: Yeah, I think it's been 17 discussed. Just have to take more time to park, and hope 18 that the Judge that parks next to her continues to have a 19 small vehicle. Maybe you ought to switch spots, Judge, and 20 put the grape jelly jar next to it. 21 JUDGE TINLEY: I could do that, 'cause I can turn 22 around on a dime down there. 23 MS. UECKER: Yeah, you can turn that thing around 24 in the parking place. 25 COMMISSIONER WILLIAMS: Looks like he's going to 9-28-09 76 1 move onto your next maintenance item, Mr. Bollier. 2 MR. BOLLIER: That was it, buddy. 3 JUDGE TINLEY: Okay. Anything further on that 4 agenda item? Okay. Let's see if we can't do some more work 5 here. Let's go to Item 14; consider, discuss, take 6 appropriate action to roll $20,000 from the '08-'09 budget to 7 the '09-'10 budget for Hermann Sons Road and Westwood Drive 8 right-of-way projects located in Precinct 3. Mr. Odom? 9 MR. ODOM: Yes, sir. I believe that you have, out 10 of the agenda item, information that I received from the 11 Highway Department, and I had approximately 20,000 this year 12 set aside for that acquisition. Of course, my -- if my 13 memory's correct, what the State said that they were going to 14 do and what they are finally finalized in this letter was not 15 exactly what we anticipated, so they were going to do more 16 than what they're doing right now. So, I ask the Court, if I 17 have any savings at all in my budget, then I would ask up to 18 20,000. I think that would help in that acquisition of 19 right-of-way, which would change Westwood to come -- instead 20 of that angle, to come at it 90 degrees, and to change 21 Hermann Sons and shift back to the Kerrville side at that 22 intersection. And so I think this would make a -- be 23 appropriate. I had planned on doing that, but the State did 24 not follow through expeditiously as they said they would a 25 year or so ago. And, you know, I just would like to save 9-28-09 77 1 that money and roll it over into the next budget year. I 2 don't know if rollover is appropriate, but that's essentially 3 what we're doing, is if I have not spent that up to 20,000, I 4 would like to -- just 5,000 or 6,000 would help reconstruct 5 that. 6 JUDGE TINLEY: What you're trying to do is to bring 7 both of these in, except at an angle, where there's a hard 8 line of sight for a driver because they're not perpendicular 9 to the roadway. 10 MR. ODOM: That's correct. And there will be a 11 light up there, a blinking light at this intersection, so 12 we're not talking about a three-way, but we're talking about 13 just a cautionary as well as a red light at these two 14 intersections. There's been a death at Westwood right there, 15 and so they have some funds allocated towards safety. 16 COMMISSIONER LETZ: They're -- the project -- what 17 TexDOT is doing is they're going to add a turn lane from 18 Wilson Creek to the county line. And as -- as soon as they 19 announce that -- I mean, Leonard and I have been working on 20 this for probably four years trying to get this thing worked 21 out. And we saw an opportunity to get TexDOT to help pay for 22 the majority of it, 'cause it's a state highway and it was a 23 safety issue. Their funding got a little bit tighter than I 24 think they were thinking, and they're afraid they're not 25 going to have it. The reason, we thought we'd just buy the 9-28-09 78 1 right-of-way; they would do the tie-in. It appears now that 2 we're going to buy the right-of-way and do part of the 3 tie-in, or we'll be required to. We won't know for sure 4 until that contract gets let, which I think is going to be 5 next spring, they're looking at. 6 MR. ODOM: I think so. 7 COMMISSIONER LETZ: From what they're talking 8 about. And if the project comes in a little bit under bid, I 9 think TexDOT's willing to roll the total dollars in to get 10 this whole project done. It's just where the bids come in 11 that's going to be the issue. Even if we don't have the 12 funds to do the -- the road work next year in the budget, 13 'cause it's not a budgeted item, I think it makes sense to go 14 ahead and acquire the right-of-way right now. And I've 15 talked to -- 20,000 should cover most of it, based on the 16 appraisal we got. And kind of -- 17 COMMISSIONER BALDWIN: It's the purchase of land 18 and the surveying and the whole thing? 19 COMMISSIONER LETZ: Surveying's pretty much been 20 done. Lee's already gone out there and surveyed it. You 21 know, what we did, Lee went out there, did the survey. We 22 sent that survey to TexDOT and said, "Here, this is what we 23 want to do on the county road side. Does it work with your 24 plans?" And they just have one little issue on one road. I 25 forget the road's name -- Eugene. Eugene Road, about how it 9-28-09 79 1 ties in. That's going to have to get worked out at some 2 point, but they're in favor of the project. 3 COMMISSIONER BALDWIN: Leonard, let me ask you a 4 question. This is my boy-dummy question for the year. Why 5 try to carry that over, which may or may not happen? Why not 6 just build the 20,000 into the new budget and let this thing 7 die? 8 MR. ODOM: Because we didn't know until I'd already 9 set the budget. We just -- I just found out last week. I've 10 been trying to get an answer for months, and I finally got 11 something written from them that -- what they were going to 12 do. The answer is, "I don't know, because so-and-so has to 13 give me an answer," or, "So-and-so has to give me another 14 answer." 15 COMMISSIONER LETZ: If we get -- and I see the 16 Auditor shaking her head a little bit. If we get letters -- 17 offer letters out this year -- she's still shaking her head. 18 COMMISSIONER BALDWIN: You can't carry it over, can 19 you? 20 MS. HARGIS: No. 21 JUDGE TINLEY: We can encumber for a very short 22 period of time, but we're trying to limit the amount of 23 encumbering we're doing past the end of the budget year. 24 COMMISSIONER BALDWIN: What's the time frame? 25 MS. HARGIS: Well, if you encumber something, 9-28-09 80 1 though, you already had to be committed to it. If we have 2 not committed to it, it will happen in the next fiscal year, 3 so no. My suggestion would be we amend the new budget and 4 just put the $20,000 in there. You're basically effectively 5 doing the same thing. 6 COMMISSIONER BALDWIN: Yeah. 7 MS. HARGIS: But you can't really encumber it, 8 because you haven't contracted for it and so forth and so on. 9 It already has to have been at least contracted for. 10 JUDGE TINLEY: Mr. Emerson, will the agenda item 11 allow us to do an amendment, or is that going to have to be 12 brought back? 13 (Mr. Emerson shook his head negatively.) 14 MS. HARGIS: I don't think it will. I think I'll 15 have to bring it back. 16 JUDGE TINLEY: That means no, it's going to have to 17 come back, right? That's what I thought. Okay. 18 MR. ODOM: All right, sir. 19 JUDGE TINLEY: We're on the same page. 20 MR. ODOM: We're on the same page. 21 JUDGE TINLEY: Just going to get there a different 22 way. 23 MR. ODOM: Yes, sir. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER WILLIAMS: The goal, Commissioner, is 9-28-09 81 1 just to line up Eugene and make it come together with 2 Westwood and Hermann Sons? 3 COMMISSIONER LETZ: Eugene's going to still be 4 isolated a little bit. That's really not much more than a 5 driveway to serve two families, but we're making -- Westwood 6 and Hermann Sons will be across from each other, 7 alignment-wise, and 90-degree corners to -- or intersections 8 to Highway 27, whereas now both of them come in at a 9 pretty -- one of them, Westwood, at a very severe angle, and 10 Hermann Sons at a pretty bad angle. 11 MR. ODOM: Right. What we'll have is a three-way. 12 You'll have a turn -- turn-in there and deceleration lane, 13 which will make a right into Hermann Sons, which will open 14 that area up tremendously, make it safer. 15 COMMISSIONER LETZ: Eugene is a little driveway, 16 like I say. Kind of comes off at a bad spot no matter what, 17 now or later. The last word I had with TexDOT on Eugene was 18 they would allow them to have a separate highway cut for that 19 road, and if -- at some point, if they do subdivide that 20 property or do something different, they're going to have to 21 change the alignment of Eugene and move that entrance over 22 towards Westwood more. 23 MR. ODOM: And Eugene's only 20 foot right-of-way, 24 so it's very narrow for one home back there, maybe two back 25 there at the end. 9-28-09 82 1 COMMISSIONER WILLIAMS: Okay, thank you. 2 JUDGE TINLEY: Thank you sir. Okay. Why don't we 3 take about a 15-minute recess. 4 (Recess taken from 10:34 a.m. to 10:56 a.m.) 5 - - - - - - - - - - 6 JUDGE TINLEY: Okay, let's come back to order, if 7 we might, after our recess. Let's go to Item 15; to 8 consider, discuss, take appropriate action to set a public 9 hearing for private road name, Moorehead Road East, located 10 in Precinct 2. When do you want it? 11 MR. ODOM: November the 9th, 2009, at 10 a.m. 12 COMMISSIONER WILLIAMS: Move we set a public 13 hearing on the private road name Moorehead Road in Precinct 2 14 for November -- November 9? 15 MR. ODOM: Yes, sir, November 9. 16 COMMISSIONER WILLIAMS: November 9 at 10 a.m. Is 17 that correct? 18 MR. ODOM: 10 a.m. 19 COMMISSIONER OEHLER: Second. 20 JUDGE TINLEY: Motion made and seconded as 21 indicated for a public hearing 11-9-09 at 10 a.m. Question 22 or discussion? All in favor of the motion, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 9-28-09 83 1 (No response.) 2 JUDGE TINLEY: The motion does carry. We'll go to 3 Item 16; to consider, discuss, take appropriate action on 4 agreement with San Patricio County designating Kerrville/Kerr 5 County as point-to-point evacuation shelter for evacuees from 6 San Patricio County in the event of a hurricane. This was a 7 matter that was worked collaboratively with the Kerrville 8 Fire Chief, Mr. Robert Ojeda, Mark Beavers, the Assistant 9 Chief/Training Officer over at Kerrville Fire Department. Of 10 course, Chief Ojeda is the county Emergency Management 11 Coordinator, I believe is his title, overall, and then he 12 works with the political -- political leaders, be they in the 13 city or the county, as the case may be. But this was a 14 matter that was worked out with them. I think it had been an 15 informal thing previously, for which there'd been no 16 documentation. But -- but they submitted to me and asked me 17 to present it to the Commissioners Court, and it's something 18 I had input on from day one, and seems reasonable. 19 COMMISSIONER BALDWIN: Judge, may I ask you a 20 question? 21 JUDGE TINLEY: Yes, sir. 22 COMMISSIONER BALDWIN: What -- what are we 23 committing to? What are we committing Kerr County to? 24 JUDGE TINLEY: That we are acknowledging that the 25 San Patricio County folks kind of have a slot here if there's 9-28-09 84 1 an evacuation. We -- we know that we will be getting those 2 folks, as opposed to who knows who from where. 3 COMMISSIONER BALDWIN: And -- 4 JUDGE TINLEY: It's just prearrangement. But 5 insofar as committing any resources, we're not doing that. 6 COMMISSIONER BALDWIN: Okay. 7 COMMISSIONER LETZ: And the idea would likely be 8 the Ag Barn facility as a staging area? Or is that decision 9 to be made in the future? 10 COMMISSIONER WILLIAMS: In these different -- 11 Ingram High School gym, Texas Lion's Camp, and maybe Kerr 12 County. 13 JUDGE TINLEY: The one that they've discussed as a 14 priority is the Lion's Camp. 15 COMMISSIONER LETZ: And they're on board? 16 JUDGE TINLEY: Yes. Lion's Camp is on board, yes. 17 COMMISSIONER LETZ: Is Ingram High School? 18 JUDGE TINLEY: I don't know about Ingram. 19 COMMISSIONER OEHLER: Not sure about that one. 20 JUDGE TINLEY: I presume they are, but I know the 21 Lion's Camp is. 22 AUDIENCE: They are. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER BALDWIN: Heck, yeah, then. I move 25 for approval. 9-28-09 85 1 JUDGE TINLEY: Motion? 2 COMMISSIONER BALDWIN: Yes, sir. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: Motion made and seconded as 5 indicated. 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. Let's go to 11 Item 17; consider, discuss, take appropriate action on Kerr 12 County Personnel Handbook. Ms. Hyde. There she is. 13 MS. HYDE: Should be some extras. 14 COMMISSIONER OEHLER: Right-hand staple again. 15 JUDGE TINLEY: Don't have any problem figuring that 16 authorship when we see where the staple is. 17 COMMISSIONER OEHLER: No doubt about where it comes 18 from, the way it's stapled. 19 COMMISSIONER WILLIAMS: Here's some extra. 20 MS. HYDE: Thank you. 21 COMMISSIONER BALDWIN: Ms. Hyde, did you turn one 22 of these in to -- or give one of these to all these state 23 agencies that we take care of? 24 MS. HYDE: What? I'm sorry? 25 COMMISSIONER BALDWIN: One of these? 9-28-09 86 1 MS. HYDE: This? 2 COMMISSIONER BALDWIN: Yeah, this. 3 MS. HYDE: No, sir. 4 COMMISSIONER BALDWIN: Not yet, but you're going 5 to? 6 MS. HYDE: This is for y'all. I'm grabbing. I'm 7 not catching. They don't -- the policy book is approved by 8 y'all. 9 COMMISSIONER BALDWIN: Mm-hmm, I know. 10 COMMISSIONER WILLIAMS: Are you talking about a 11 finished copy? 12 COMMISSIONER OEHLER: Where's the standoff here? 13 COMMISSIONER WILLIAMS: With a ribbon on it? 14 COMMISSIONER BALDWIN: No. 15 JUDGE TINLEY: Commissioner Baldwin is referring to 16 the fact that we take care of D.P.S. and numerous other state 17 agencies. 18 MS. HYDE: Oh. Oh. They were invited -- 19 COMMISSIONER BALDWIN: Oh, state agencies. 20 MS. HYDE: They were invited to participate. 21 COMMISSIONER BALDWIN: Do they go by this? Do they 22 live by this, or do they have their own little -- 23 MS. HYDE: I don't think so. I think they go by 24 typically their own policy books, if they have one. I don't 25 think that many have one. 9-28-09 87 1 COMMISSIONER LETZ: I think that's an interesting 2 point Commissioner Baldwin's raising, though. 3 COMMISSIONER BALDWIN: Sure it is, 'cause of a 4 number of things. 5 MS. HYDE: But if you go to -- oh, well, since -- 6 well, I was going to let them just read it, but okay. If you 7 go to the last page, -- 8 COMMISSIONER WILLIAMS: Last page. 9 MS. HYDE: -- when Commissioner Williams and I got 10 together to do some revisions, there is something in here 11 regarding employees that fall under us that don't exactly 12 fall under us. So -- let me find it. Can I come back to 13 that one? There is a section that talks about people that we 14 take care of, and they're supposed to follow these policies, 15 procedures, and guidelines as outlined by Commissioners 16 Court. 17 COMMISSIONER LETZ: I think where, you know, you 18 get into an issue, say the secretary at D.P.S. does something 19 that is against our policy book. Do we have any authority -- 20 we surely can't fire her, even though we're paying her salary 21 and benefits. Well, I would think we could fire her, because 22 they work for us. What's the recourse we have if someone's 23 breaking our policies that we're paying salary for? 24 MS. HYDE: Are you putting me on the spot? Are you 25 going to help me out here? 9-28-09 88 1 SHERIFF HIERHOLZER: Same things go with any 2 elected official. 3 MS. HYDE: I would assume that since they are an 4 employee of Kerr County, and Kerr County is paying for that 5 employee, my assumption would be that if they broke policies, 6 procedures, and guidelines, then we could, in fact, request 7 separation and stop paying them. 8 MR. EMERSON: I think she's exactly right. The 9 only exception to that would be if we have some kind of 10 interlocal agreement, say, with D.P.S. that says that our 11 employee that's working over there under that agency is 12 subject to their policies, and she -- and she signs off and 13 understands that. Otherwise, we still have liability issues. 14 MS. HYDE: With that employee. 15 MR. EMERSON: Because they're our employee. 16 COMMISSIONER LETZ: I think maybe it's in it, but 17 we need to make sure that that language is in all of our 18 contracts for interlocals or however we do this stuff with 19 these agencies. I mean, they're all right now, but as we 20 annually redo them, I'd say it's kind of an important point, 21 if it's not in there. It may be in there. 22 MS. HYDE: It is in there, but I got to find it. 23 COMMISSIONER LETZ: All right. 24 MS. HYDE: There are a couple of things that are 25 still not correct in the policy book. I did not print out 9-28-09 89 1 100 copies of them again. 2 COMMISSIONER WILLIAMS: I noticed. 3 MS. HYDE: On Page 4, the date and order number 4 will be changed when I have a date and order number for the 5 policy book. On Page 10, the page number for requests from 6 employees or from elected and appointed officials for changes 7 in the policy book will be put in once it's final. Section 8 8, the Sheriff's Office, security section is not complete. 9 SHERIFF HIERHOLZER: That will be in mine. 10 MS. HYDE: And then the one thing that y'all had 11 asked that's still open is that -- and throughout, there are 12 certain areas that say, "Exception, law enforcement." And 13 y'all had requested that Rusty and I get together and put 14 that list together. As soon as you guys tell us that this is 15 it, then he and I will sit down and we'll do it. 16 SHERIFF HIERHOLZER: And along those same lines, 17 the only thing that I would want to make sure is understood, 18 I have three policy manuals in the department already; I have 19 one for jail personnel about 2 inches thick, one for law 20 enforcement personnel about 2 inches thick, and one for 21 clerks, clerical and secretaries and that, that's about an 22 inch and a half thick. I want -- and I will adopt any of the 23 policies that are in this county one that pertain to 24 employees and personnel into mine. And that's what Eva and I 25 want to do once y'all adopt this policy manual, is we'll make 9-28-09 90 1 sure that they read the same. But I do not want to have to 2 issue to all my employees another policy manual, 'cause 3 there's just too many different things in there. You 4 carry -- automobile accident investigations will be different 5 in this one than they are in ours. We have a totally 6 different way of doing it. And then just the individual 7 day-to-day work and dress code and everything else is totally 8 different. I do not want my employees getting issued this 9 policy manual, which really will have -- we have had problems 10 in the past when -- when we did it before with Barbara Nemec 11 and that when she was in control. It just created way too 12 much confusion. 13 COMMISSIONER LETZ: We had contradictory policy, 14 then. You end up with contradictory policy. 15 SHERIFF HIERHOLZER: You do. That's why I would 16 rather Eva and I sit down and adopt -- I'll reword mine so 17 that the things that affect personnel will read the same in 18 both of them. But I don't want this policy manual. 19 MS. HYDE: We agreed we can bring that back to 20 Commissioners Court so that y'all can look over the documents 21 to make sure we haven't left anything out between the two. 22 COMMISSIONER LETZ: Sounds good. 23 SHERIFF HIERHOLZER: That's why, in the policy 24 manual, where you have written in there, "This pertains to 25 law enforcement," or "does not pertain," this does. The -- 9-28-09 91 1 you know, the gist of it makes it sound like this policy 2 manual does pertain to them too, 'cause you have some things 3 that say it does, some things that say it doesn't. I would 4 rather just, in the very front, it's opened up that it 5 doesn't pertain to law enforcement -- you know, Sheriff's 6 Office at all. Refer to their policy manual. 7 JUDGE TINLEY: Because in the end, you're going to 8 incorporate and adopt into yours whatever general portions 9 are appropriate for yours, and -- 10 SHERIFF HIERHOLZER: That's correct. Just one 11 overall statement in this county one that says the Sheriff's 12 Office uses their own. 13 JUDGE TINLEY: Okay. Makes sense. 14 MS. HYDE: When we do open hire orientation, which 15 we'll start once we have this, Rusty and I will have that 16 separate, so that when a new employee comes in, all the 17 benefits, payroll, anything to do with our policy book will 18 be reviewed during our open -- or our new hire orientation 19 with that employee. So, he's going to have to give me part 20 of his so that we can do -- here's how you get paid. This is 21 all the same, but it's going to be out of his book, not out 22 of this book. 23 SHERIFF HIERHOLZER: Right. 24 MS. HYDE: Does that makes sense? 25 SHERIFF HIERHOLZER: We're just going to take 9-28-09 92 1 what's in your book and adopt it into mine so it will read 2 the same. 3 COMMISSIONER BALDWIN: Do we -- do we take action 4 on yours? 5 SHERIFF HIERHOLZER: The very first one I did in 6 2000, 2001, you did. There's been a lot of changes in it 7 since. In fact, it's been totally reissued, and you have 8 not. Now -- 9 COMMISSIONER BALDWIN: Is the answer going to be no 10 here or what? 11 MS. HYDE: Right. 12 COMMISSIONER BALDWIN: I'm just looking for a yes 13 or no thing. 14 SHERIFF HIERHOLZER: If you want to look at it, 15 take action and responsibility for what I adopted, that's 16 fine, Buster. 17 COMMISSIONER BALDWIN: Yes or no will work. 18 MS. HYDE: On the question that you asked, 19 Commissioner Baldwin, if you go to page -- well, it's not -- 20 you don't have your page, I don't guess. It's Assigned 21 Staff, 1.23, and here's the revision. Staff members who are 22 assigned to Kerr County, but are paid directly by another 23 government or private organization, are not employees of Kerr 24 County. However, comma, as a condition of their assignment, 25 such staff members are governed by all terms of these 9-28-09 93 1 policies not in conflict with their contract for services or 2 state or local law. 3 JUDGE TINLEY: What he just referred to is exactly 4 the flip side of that. They're not working for us, but we 5 are paying them. 6 MS. HYDE: So, do we want -- 7 JUDGE TINLEY: That's probably what we need to have 8 by interlocal agreement, it would seem to me, if they're not 9 under our direct control. Does that make sense, Mr. Emerson? 10 MR. EMERSON: Yes, sir. 11 JUDGE TINLEY: Okay. 12 MS. HYDE: So, do you want me to get with 13 Mr. Emerson and add something, and make it for the first 14 revision after y'all approve one? 15 JUDGE TINLEY: He's looking for something to do, I 16 know. He's told me recently that he's got very little on his 17 plate. (Laughter.) See those alligators on top of his head? 18 They've already covered him up. 19 COMMISSIONER WILLIAMS: The swamp has gotten high. 20 Ms. Hyde, on the third page, those items that you and I 21 worked laboriously over, right? 22 MS. HYDE: Yes, sir. 23 COMMISSIONER WILLIAMS: Number -- Page 4, I see 24 somebody tweaked what you and I tweaked, and I have another 25 suggestion here. We're talking about the last sentence, 9-28-09 94 1 Elected or appointed officials may promulgate a different 2 written policy on a specific element of work applicable only 3 to that official's employees, and his specific policy shall 4 be -- it says "on record." I would suggest that it should 5 say, "shall be confirmed by Commissioners Court." 6 MS. HYDE: All right. 7 JUDGE TINLEY: Which is a polite way of telling the 8 Sheriff we're going to approve -- we're going to have to 9 approve his policies. 10 COMMISSIONER WILLIAMS: I knew you'd notice that, 11 Judge. 12 SHERIFF HIERHOLZER: I have no problem with that, 13 gentlemen. Just puts more of us in that barrel. 14 JUDGE TINLEY: Buck stops here. 15 SHERIFF HIERHOLZER: That's right. 16 COMMISSIONER LETZ: So, Ms. Hyde, do you want us to 17 approve this today? Is that what you want us to do? 18 COMMISSIONER WILLIAMS: Yes, I think we need to 19 move this -- 20 COMMISSIONER OEHLER: We need to do something. 21 COMMISSIONER LETZ: I agree. 22 COMMISSIONER WILLIAMS: We need to kick this can 23 down the road finally. 24 COMMISSIONER LETZ: I think -- I mean, I appreciate 25 all the work that a lot of -- I mean, I have not been as 9-28-09 95 1 involved as I know two of the Commissioners have, or at least 2 Williams, and I know Oehler's been very much -- 3 COMMISSIONER OEHLER: Buster, probably. 4 MS. HYDE: Buster was too. So was the Judge. 5 COMMISSIONER LETZ: But I appreciate all the work 6 you've done, and all the other elected officials, department 7 heads. 8 COMMISSIONER OEHLER: I really think it's kind of a 9 -- it's been a good experience, because all of the other 10 elected officials participated in it, and department heads, 11 to make it happen, to where, you know, there was a lot of 12 discussion. That -- that way, you know, you can't gripe. 13 Really shouldn't gripe if you've had input. 14 COMMISSIONER WILLIAMS: That's exactly right. 15 Everybody -- everybody's had the opportunity to buy in, put 16 in their suggestions and their comments or objections, 17 whichever, and a lot of work has gone into it, and I want to 18 personally thank Ms. Hyde for a lot of hard work, a lot of 19 revisions. And I think it's time. Let's see, this hasn't 20 been done since 1990 -- 21 MS. HYDE: The official word was 1999. But what 22 Cheryl and Jannett found is that, really, 1999 was a copy 23 from 1986. 24 COMMISSIONER WILLIAMS: Been a long time. Long 25 time in coming. And -- you know, and the way it's set up 9-28-09 96 1 now, I don't think we'll ever have to go back and do as much 2 work as has been done to get it to this point. I think Eva 3 can take a look at things as they evolve or develop and make 4 single -- singular suggestions on changes in the future. So, 5 I would move adoption of the Kerr County Personnel Handbook 6 as presented and amended. 7 COMMISSIONER OEHLER: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. 10 COMMISSIONER WILLIAMS: We've got discussion, Eva. 11 Don't -- 12 JUDGE TINLEY: Question or discussion? 13 COMMISSIONER OEHLER: All I would like to say is, 14 I'd like to echo about Eva; she's done a fantastic job, spent 15 a lot of -- a lot of time. Just a lot of conversation and 16 discussion between her and the other people that 17 participated, and I -- you know, sometimes she doesn't -- we 18 give her a lot of static, but she doesn't get a lot of credit 19 sometimes. This is one she needs credit for. 20 JUDGE TINLEY: You're not suggesting that we not 21 give her any static? 22 COMMISSIONER OEHLER: Absolutely not. (Laughter.) 23 COMMISSIONER WILLIAMS: I can't go there. You were 24 about to hemorrhage out there, Ms. Hyde, about something? 25 MS. HYDE: Please include in there that you're 9-28-09 97 1 abolishing the old one, because, remember, I got the A.G. to 2 agree that we can do the one-time good deal on the privacy. 3 COMMISSIONER WILLIAMS: Abolish or supersede? 4 MS. HYDE: He used the word "abolish." 5 COMMISSIONER WILLIAMS: I can change the motion to 6 adopt this one as we had stated earlier, whoever -- according 7 to the motion, and abolish the previous handbook, previous -- 8 COMMISSIONER OEHLER: Any and all? 9 COMMISSIONER WILLIAMS: Any and all. 10 COMMISSIONER LETZ: Previous handbooks. 11 COMMISSIONER OEHLER: I'd second that. 12 JUDGE TINLEY: All right. 13 SHERIFF HIERHOLZER: Except law enforcement. Don't 14 abolish mine. 15 COMMISSIONER WILLIAMS: Sheriff, I wouldn't try to 16 abolish anything that you have your hands on. 17 JUDGE TINLEY: We're going to leave you swimming on 18 your own on that one, Sheriff. 19 SHERIFF HIERHOLZER: I figured that. Thank you. 20 JUDGE TINLEY: Any further question or discussion? 21 All in favor of the motion, signify by raising your right 22 hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 9-28-09 98 1 JUDGE TINLEY: The motion carried. 2 MS. HYDE: Thank you, gentlemen. 3 COMMISSIONER WILLIAMS: Thank you, Eva. 4 JUDGE TINLEY: We'll go to Item 18; to consider, 5 discuss, take appropriate action regarding opening of the 6 bids submitted to provide food service for the Kerr County 7 Jail. 8 SHERIFF HIERHOLZER: That one came, and you can 9 tell it was opened, because it was not even marked as a bid, 10 and it is one that declined to bid, is all it is. 11 JUDGE TINLEY: Declined to bid. 12 SHERIFF HIERHOLZER: Declined, yeah. 13 JUDGE TINLEY: Okay. Aramark Correctional Services 14 has elected to submit no bid. 15 COMMISSIONER WILLIAMS: If you'd serve hot dogs and 16 veggie burgers, we wouldn't have to do this. 17 COMMISSIONER LETZ: Three copies? 18 SHERIFF HIERHOLZER: I don't know what they sent. 19 COMMISSIONER LETZ: They're all the same, probably. 20 Aren't they? 21 SHERIFF HIERHOLZER: There's this with it, so I 22 don't know. This was Compass. 23 JUDGE TINLEY: Five -- the first bid we have is 24 from Five Star Correctional Services. 25 (Low-voice discussion off the record.) 9-28-09 99 1 COMMISSIONER LETZ: It's like Christmas up there. 2 SHERIFF HIERHOLZER: That's right. 3 JUDGE TINLEY: Various bid prices based upon 4 full-service or groceries only. The next bid is from ABL 5 food -- ABL Management, Inc., another food service proposal. 6 COMMISSIONER OEHLER: This one has a little satchel 7 on it. 8 COMMISSIONER BALDWIN: Are you going to try to get 9 back with us today on this? 10 SHERIFF HIERHOLZER: No, don't think so. I think 11 this one's the same as that one. 12 COMMISSIONER LETZ: Here's the box. 13 COMMISSIONER OEHLER: Got cherries -- cherries or 14 apples? 15 COMMISSIONER LETZ: Cherries. 16 JUDGE TINLEY: Section 2, I think, has some 17 methodology for determining price, but there's a number of 18 other considerations. 19 SHERIFF HIERHOLZER: It should be by the number of 20 meals served. 21 (Low-voice discussion off the record.) 22 JUDGE TINLEY: Then we have a proposal from Canteen 23 Correctional Services. And they, too, have a matrix to be 24 used in establishing cost. Is that all we have? 25 SHERIFF HIERHOLZER: That's it. 9-28-09 100 1 JUDGE TINLEY: So, essentially, we have three bids. 2 SHERIFF HIERHOLZER: Three bids and one no-bid. 3 COMMISSIONER LETZ: Move we accept all bids and 4 forward them to the Sheriff for analysis and recommendation. 5 JUDGE TINLEY: Take the no-bid, too. I have a 6 motion to accept all bids and refer them to the Sheriff for 7 evaluation, analysis, and recommendation? 8 COMMISSIONER BALDWIN: Yes. 9 COMMISSIONER LETZ: Second. 10 COMMISSIONER BALDWIN: Yes. 11 JUDGE TINLEY: We have a motion and a second. 12 Question or discussion on the motion? 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: The motion does carry. That takes 18 us to Item 19 on the agenda, which is to consider, discuss, 19 and take appropriate action to approve professional services 20 contract with Peter Lewis for architectural services on new 21 Law Enforcement Annex/Adult Probation building and related 22 improvements. As I'm sure the members of the Court recall, 23 at our last meeting, we elected to try and reach some 24 agreement with Mr. Lewis on his -- the possibility of 25 utilizing him for the project and the parking areas and 9-28-09 101 1 detention pond and the engineering that goes with it, and I 2 guess that's essentially what it all includes in inclusion to 3 building, doesn't it? 4 MR. LEWIS: Yes, sir, it does. 5 JUDGE TINLEY: I provided -- Mr. Lewis got me late 6 last week a copy of a proposal that I did provide to the 7 County Attorney. Mr. Lewis had submitted an earlier, as 8 referred to in the covering e-mail, which I did not put in 9 the clear, because at the time he submitted it, I didn't know 10 whether we were going to try and use an RFQ or whether we 11 were going to try and negotiate with Mr. Lewis, and the Court 12 elected to try the negotiation route. I didn't want to put 13 his in the clear if -- if it was going to be on some sort of 14 competitive basis, so I -- I held that. It was marked 15 confidential, so that's the reason for the reference to the 16 previous proposal, so to speak, which has had some pretty 17 significant paring down, which I appreciate those 18 considerations. County Attorney had a couple of issues with 19 respect to the proposal. One of them was a standard 20 indemnification issue which, as I understand, is not a 21 problem. The other has to do with ownership and 22 dissemination of the final work product, and protection of 23 the -- of the professional, and not doing a wholesale 24 construction phase using those documents. I can understand 25 that. But, of course, we need ownership of the final plan 9-28-09 102 1 documents, and I think the County Attorney's position is 2 we're not going to disseminate that to anybody without your 3 prior approval, other than what's going -- goes into the 4 public records. 5 MR. LEWIS: Of course. 6 JUDGE TINLEY: That's a matter of public record to 7 anybody looking at it. But we're going to need to know 8 those. 9 MR. LEWIS: And as you and I have discussed with 10 Mr. Emerson, I'm very agreeable. He's going to provide the 11 language. We will modify our agreement to reflect that 12 language. That's geared -- as I mentioned, that is geared 13 toward working with developers that have been known to take 14 architects' and engineers' work and replicate it without due 15 compensation, and I trust that you're not going to go build a 16 bunch of these around the county, and if you do, then we can 17 maybe assist you in doing that. 18 JUDGE TINLEY: I hope we don't ever have to build 19 but one. Do you have -- Mr. Lewis, do you have any more 20 comments or concerns that you want to bring forward to us 21 with regard to the proposal which you've submitted? 22 MR. LEWIS: I've tried to articulate all the things 23 that we will be doing for this fee. This work that we will 24 -- that the city will require us to do in terms of 25 preliminary site plan, and then, of course, the stormwater 9-28-09 103 1 detention is a big issue, and we have John Hewitt, who is a 2 professional engineer -- he also happens to be the county 3 Floodplain Administrator -- who will be doing all the civil 4 engineering on that. That's probably as big a piece of this 5 project as the building itself, because that -- the pond 6 there -- and the Sheriff let us know that last week, with the 7 heavy rains, that that pond did what it always does, and that 8 is exceed its capacity and overflow into the parking lot. 9 And our goal will be to correct that, and we will correct 10 that and make sure it doesn't overflow in the parking lot or 11 into the buildings. 12 COMMISSIONER WILLIAMS: Good. 13 COMMISSIONER LETZ: That's good. 14 MR. LEWIS: Just a -- yeah -- small consideration. 15 But -- but the -- 16 COMMISSIONER WILLIAMS: Any extra fee for that? 17 MR. LEWIS: No, it's all in here. It's all in 18 here. That's part of the deal. 19 COMMISSIONER OEHLER: Don't encourage him. 20 MR. LEWIS: Now, I told the Judge, this is an 21 aggressive fee. I believe it is. We're not going to get 22 rich doing this work, but we will make a living doing it, and 23 we'll meet the need that the County has, and we appreciate 24 the opportunity at least to sit here and talk to you about 25 it. If you have any specific questions -- I've detailed 9-28-09 104 1 everything in here. I don't think I need to go through and 2 read it all, but if you have any specific questions, I'll be 3 happy to answer them. And you see, I did -- we did some 4 preliminary work for you, and we've acknowledged that and 5 credited the value of that work back to you, and I think 6 that's fair. And we're happy to do that. 7 COMMISSIONER LETZ: I move approval. 8 COMMISSIONER BALDWIN: I'll second the emotion. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the agreement. Subject to the amendments to be 11 made by the County Attorney as you've indicated, I assume? 12 MR. LEWIS: And you will get those to me so that I 13 can update this? Or are you just hand-writing those in, or 14 how do you want to do this? 15 JUDGE TINLEY: Just work directly with Mr. Emerson, 16 and once he's approved it, he'll present it to me for 17 execution. 18 MR. LEWIS: How do you want to get that to me, sir? 19 MR. EMERSON: Quickly. 20 MR. LEWIS: If you want to call me, I'll come by 21 and pick it up, or fax it or whatever -- however you want to 22 handle that. 23 MR. EMERSON: Okay. 24 JUDGE TINLEY: Any other -- any question or 25 discussion on the motion? All in favor of the motion, 9-28-09 105 1 signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. As you well 6 know, we're on a fast track trying to push this thing as fast 7 as we can. We appreciate your cooperation. 8 COMMISSIONER LETZ: Judge, just -- 9 JUDGE TINLEY: It will be -- and you need to 10 understand that -- that our performance on this contract will 11 be subject to the issuance and funding of the capital debt 12 issue for this project. Do you have that clear 13 understanding? 14 MR. LEWIS: Yes, I do. 15 JUDGE TINLEY: Okay. Is that where you're coming 16 from? 17 MS. HARGIS: No, I need the amount. 18 JUDGE TINLEY: The amount is $73,488. 19 MS. HARGIS: Okay. 20 JUDGE TINLEY: No, actually, because we haven't 21 paid any of the preliminary, it's actually $78,488. 22 MS. HARGIS: Okay. 23 COMMISSIONER LETZ: Judge, my motion didn't 24 specifically authorize you to sign a contract, but that was 25 the intent. 9-28-09 106 1 COMMISSIONER BALDWIN: Actually, my second was. 2 JUDGE TINLEY: Yeah, okay. 3 COMMISSIONER WILLIAMS: And the number that you 4 just recited, Judge, is Mr. Lewis' fee? 5 JUDGE TINLEY: Yes, that's correct. 6 MR. LEWIS: Not the construction cost. 7 COMMISSIONER LETZ: If it was, the building came 8 down a whole lot. 78,000. 9 MR. LEWIS: That's right. It's smaller, too. 10 JUDGE TINLEY: That was the number that you wanted, 11 Ms. Hargis, wasn't it? 12 SHERIFF HIERHOLZER: Ms. Hargis? 13 MS. HARGIS: Yes, sir? 14 JUDGE TINLEY: That was the number that you wanted? 15 MS. HARGIS: Yes. I just need to know what his 16 fees are going to be. 17 JUDGE TINLEY: The gross contract amount that we 18 approved? Okay. 19 MS. HARGIS: I just need to add it to our overall 20 scope of our issue. 21 JUDGE TINLEY: Well, it -- 22 MS. HARGIS: It wasn't included in that number. 23 JUDGE TINLEY: Well, I think we're going to have 24 enough. I'm confident we are. Mr. Lewis is going to -- is 25 going to beat these people up like you wouldn't believe. You 9-28-09 107 1 think -- you think Jody beat them up, Commissioner. We're 2 going to let him squeeze these bids, okay? 3 COMMISSIONER OEHLER: If he needs help, I'll be 4 glad to help him. 5 JUDGE TINLEY: And I will be there also. 6 MR. LEWIS: Appreciate the offer. 7 JUDGE TINLEY: Okay. Anything else on that item, 8 gentlemen? Thank you. We appreciate it. 9 MR. LEWIS: I appreciate the opportunity. Thank 10 you. And we are excited about getting started. 11 JUDGE TINLEY: As are we. Let's move to Item 20; 12 consider, discuss, take appropriate action to accept and 13 approve request from elected officials and department heads 14 for appropriate office staff pursuant to Local Government 15 Code Chapter 151. Hopefully, this is the last round of that 16 that we didn't get previously on the staffing of various 17 departments. I think we've got -- I know we have the 198th 18 D.A., the Maintenance Department, Tax Office, and Court 19 Compliance, and hopefully that's all of them. 20 COMMISSIONER LETZ: Move approval. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item as indicated. Question or 24 discussion? All in favor of the motion, signify by raising 25 your right hand. 9-28-09 108 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Let's go to 5 Item 23; consider, discuss, and take appropriate action to 6 adopt the position schedule, step and grade schedule, and 7 general provisions of Kerr County for FY 2009-10. These 8 are -- these are pieces, I guess, or sections of our budget 9 document that have all of these various things in there that 10 we've adopted. That also includes a holiday schedule, I 11 think, under general provisions, doesn't it? 12 COMMISSIONER WILLIAMS: Yes. 13 MS. HARGIS: You basically already approved it when 14 you approved the budget, but you can approve it again. It's 15 inside the budget book now. 16 COMMISSIONER WILLIAMS: Step and grade has been -- 17 has been subject to reflect -- 18 MS. HARGIS: There's two step and grades. 19 MS. HYDE: There's two step and grades now. I'm 20 requesting that I get a court order on the second step and 21 grade, 'cause I get a court order every year on the first 22 step and grade. Since we have two, that way I can put it on 23 there. 24 COMMISSIONER LETZ: Two? 25 JUDGE TINLEY: One for October and one for April 1, 9-28-09 109 1 starting April 1? 2 MS. HYDE: Yes, sir. 3 COMMISSIONER WILLIAMS: Right. 4 JUDGE TINLEY: Need a motion for approval, 5 including the two -- two step and grades to be utilized 6 during FY '09-'10. 7 COMMISSIONER WILLIAMS: So moved. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Motion made and seconded for the 10 agenda item as indicated. Question or discussion? 11 COMMISSIONER LETZ: Judge, I think what the Auditor 12 said, this is already -- we've already approved it 13 technically in the budget book. I wonder if we're not adding 14 confusion by having two budget -- 15 MS. HARGIS: Well, I think she wants a separate 16 order. I mean, it doesn't matter to me, but -- 17 COMMISSIONER OEHLER: It basically establishes what 18 she has done, I believe. 19 COMMISSIONER WILLIAMS: Right. It's not two 20 budgets. 21 COMMISSIONER OEHLER: Confirms it to where that's 22 the schedule and we'll abide by it. 23 COMMISSIONER WILLIAMS: Right. And then that will 24 be modified April 1 again. 25 COMMISSIONER OEHLER: That's the way I see it. 9-28-09 110 1 JUDGE TINLEY: I think the general feeling of the 2 public when we talk about, quote, budgets is the numbers, the 3 dollars and cents, because we traditionally added other 4 things to that document as a master document for our 5 operations. I don't think it's inappropriate for us to adopt 6 the position schedule, step and grade, and general 7 provisions, which includes holidays for the coming year. 8 Further question or discussion? All in favor, signify by 9 raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: The motion carries. Let's -- why 14 don't we go to Section 4, get that out of the way. Payment 15 of the bills. 16 COMMISSIONER LETZ: Move we pay the bills. 17 COMMISSIONER BALDWIN: I'll second that. 18 JUDGE TINLEY: Motion made and seconded for payment 19 of the bills. Question or discussion? First item on there, 20 the prepayment of rent. That's being charged to this year's 21 budget? 22 MS. HARGIS: Yes. 23 JUDGE TINLEY: Okay. All that's going to do is 24 reduce the fund balances, 'cause it works out six of one, 25 half a dozen of the other. 9-28-09 111 1 MS. HARGIS: We just show it as prepaid for right 2 now. Then we reverse it after October 1. 3 JUDGE TINLEY: Okay, thank you. Any other question 4 or discussion? All in favor of the motion, signify by 5 raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: That motion does carry. Budget 10 amendments. I've been presented with a summary for Budget 11 Amendment Request Numbers 1 through a bunch -- 46. 1 through 12 46. 13 MS. HARGIS: I would have to tell you, most 14 everybody stayed within their own department. The budget 15 looks really good. I think we still have, you know, some 16 bills that are outstanding that, you know, come in for the 17 15th, but by and large, I think we have met the budget very 18 well this year. 19 JUDGE TINLEY: Well, the other thing I would note, 20 46 budget amendments, not a single one of those are -- 21 they're all made within the existing budget. 22 MS. HARGIS: That's correct. 23 JUDGE TINLEY: There's no effort or request made to 24 go outside the budget to charge against reserves. 25 MS. HARGIS: That's correct. 9-28-09 112 1 JUDGE TINLEY: Do I hear a motion to approve the 2 Budget Amendment Request Numbers 1 through 46 as shown by the 3 summary sheet? 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the Budget Amendment Requests 1 through 46 as 8 shown. Question or discussion? 9 COMMISSIONER BALDWIN: I've got a question. 10 JUDGE TINLEY: Yes? 11 COMMISSIONER BALDWIN: On Page 1, Commissioners 12 Court, I'm -- what I'm seeing is -- is that we're taking $960 13 from professional services and putting it into conferences? 14 COMMISSIONER WILLIAMS: Other way around. 15 COMMISSIONER BALDWIN: It's the other way around? 16 COMMISSIONER WILLIAMS: Right. 17 COMMISSIONER BALDWIN: We're taking $3,000 out of 18 conferences and putting it in professional services? 19 MS. HARGIS: We're taking -- 20 COMMISSIONER BALDWIN: 960.72. 21 MS. HARGIS: -- 960.72 out of the conferences and 22 putting it into professional services. For -- those are for 23 the attorneys that we needed to cover, some of the attorneys, 24 so that's the reason we did that. 25 COMMISSIONER BALDWIN: So, we take money from my 9-28-09 113 1 travel and give it to a bunch of lawyers? I'm telling you, 2 there's something wrong here. (Laughter.) 3 JUDGE TINLEY: I knew you'd snap eventually. 4 COMMISSIONER BALDWIN: Something's wrong here. 5 SHERIFF HIERHOLZER: Buster, now you know how I 6 feel this time of year. 7 COMMISSIONER BALDWIN: Yes, I do. 8 COMMISSIONER WILLIAMS: You've got two days to go 9 take a trip. 10 COMMISSIONER BALDWIN: I tell you. Hey, hey, I'm 11 going to Corpus for the week. 12 JUDGE TINLEY: Any other questions? 13 COMMISSIONER BALDWIN: Speaking of that, now, the 14 budget -- our -- our conference that the State requires us to 15 attend, did that money change this time? 16 MS. HARGIS: Yours? I'm not sure. Each individual 17 conference is different, so I -- I don't get the information 18 on yours. 19 COMMISSIONER WILLIAMS: Too late now. 20 COMMISSIONER OEHLER: Yeah, it's a little late. 21 COMMISSIONER BALDWIN: It's the same, isn't it? 22 COMMISSIONER WILLIAMS: Just have to go to Motel 6. 23 JUDGE TINLEY: No, it is slightly -- it is slightly 24 higher. 25 COMMISSIONER BALDWIN: Oh, okay. 9-28-09 114 1 JUDGE TINLEY: Slightly higher. 2 COMMISSIONER BALDWIN: You added on to it. 3 JUDGE TINLEY: Not much, but... 4 COMMISSIONER BALDWIN: All right. 5 JUDGE TINLEY: Any other questions or comments? 6 All in favor of the motion, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion does carry. Do we have 12 any late bills? 13 MS. HARGIS: No. 14 JUDGE TINLEY: I've been presented with monthly 15 reports -- monthly report from Constable, Precinct 3. Do I 16 hear a motion that that report be approved as presented? 17 COMMISSIONER LETZ: So moved. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the indicated report as presented. Question or 21 discussion? All in favor of the motion, signify by raising 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 9-28-09 115 1 JUDGE TINLEY: The motion does carry. Reports from 2 Commissioners in connection with their liaison or committee 3 assignments? Commissioner Letz? 4 COMMISSIONER LETZ: No, sir, I think I covered them 5 this morning. 6 JUDGE TINLEY: Commissioner Oehler? Okay. 7 COMMISSIONER OEHLER: No. 8 JUDGE TINLEY: Okay. Thank you for reminding me. 9 I'll come back to that. Commissioner Baldwin? 10 COMMISSIONER BALDWIN: Yes, sir. I'd just like to 11 report that the Historical Commission is up and running, and 12 running well. And we're talking about, at some point very 13 soon, for this Commissioners Court to be invited out to 14 Schreiner Library and to see all of these functions, you 15 know, the living histories and all those things that they've 16 been working on. It's really, really neat stuff. So, we can 17 go out there and even have a lunch. 18 COMMISSIONER WILLIAMS: Wow. 19 COMMISSIONER BALDWIN: Yeah, that's big stuff 20 there. And so, anyway, it's cooking. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER BALDWIN: Doing very, very well. 23 COMMISSIONER LETZ: Who is -- who's heading it at 24 this point? 25 COMMISSIONER BALDWIN: It's confidential 9-28-09 116 1 information. 2 COMMISSIONER LETZ: That's what I thought. 3 COMMISSIONER BALDWIN: Yeah. 4 COMMISSIONER WILLIAMS: Have to kill you if he 5 tells you. 6 COMMISSIONER BALDWIN: Yeah. 7 JUDGE TINLEY: That means you don't know, right? 8 COMMISSIONER BALDWIN: That's -- that means I don't 9 know, and don't rile me up. 10 JUDGE TINLEY: Anything else, Commissioner? 11 COMMISSIONER WILLIAMS: Sue Dyke. 12 COMMISSIONER BALDWIN: Sue Dyke. 13 JUDGE TINLEY: Is that it, Buster? 14 COMMISSIONER BALDWIN: Yes, sir, that's all. Thank 15 you. 16 JUDGE TINLEY: Commissioner Williams? 17 COMMISSIONER WILLIAMS: Nothing, sir. 18 JUDGE TINLEY: Okay. Do we have any reports from 19 elected officials or department heads? Okay, why don't we -- 20 MS. HYDE: Yeah. It's a quick one. 'Cause now 21 that you've passed it, we'll put together the dates for the 22 policy book reviews so that all employees will go through the 23 policy book reviews. It'll take approximately four to five 24 hours, so it will take approximately four weeks to get it 25 done with all employees. 9-28-09 117 1 COMMISSIONER WILLIAMS: Then you got to get 2 everybody's signature on an acceptance page, correct? 3 MS. HYDE: Right. Right. 4 JUDGE TINLEY: Let me go back to Item 26, which is 5 on an addendum that I'd not yet considered. That item will 6 be to open the 2010 Kerr County employee health benefits 7 proposals and refer the same for evaluation and 8 recommendation. Oh, boy, we got a nice little stack down 9 here. 10 (Low-voice discussion off the record.) 11 COMMISSIONER LETZ: There's all kinds of stuff in 12 there. 13 JUDGE TINLEY: Okay, let me see here. The first 14 one we have is from I.H.S., and I'm not going to even attempt 15 to look at any of the specifics, other than to refer to the 16 fact that's who it is. Tim, do you want to give us a hand 17 here? The next one is from Data Path Administrative 18 Services. 19 COMMISSIONER LETZ: What are these for? 20 JUDGE TINLEY: Health benefits. 21 COMMISSIONER LETZ: We're getting so much -- but 22 this is administrators, right? Who's going to administer? 23 MS. HYDE: Both. 24 JUDGE TINLEY: Both. This one is from Don Wallace, 25 and it appears to be through American United Life and One 9-28-09 118 1 America Company. Another one submitted through 2 Mr. Wallace -- Don Wallace and Associates, through Travelers. 3 Another one submitted through Wallace and Associates, and it 4 appears to be underwritten through UniCare. Then we have one 5 submitted by American United Life. This may be part of -- of 6 one of the others; I'm not certain. Another one submitted on 7 behalf of Entrust. That's E-n-t-r-u-s-t. 8 (Low-voice discussion off the record.) 9 JUDGE TINLEY: Here's another one submitted through 10 Willis H.R.H. Another submitted through Wallace and 11 Associates through Humana. I'm thinking -- was it five or 12 six? Seven proposals that we received, which, in the 13 industry, is a pretty strong response. This one apparently 14 is through Willis also. Came unhitched here. 15 (Low-voice discussion off the record.) 16 JUDGE TINLEY: Through U.M.R., whoever that may be. 17 And another proposal submitted, Mutual Assurance 18 Administrators, Inc. And this is a submittal on behalf of 19 Data Path Administrative Services. This is probably part of 20 that one that I announced a little bit ago. That's just the 21 big binder for it. This is one submitted -- it shows A.B.C. 22 Company, underwritten through the Principal -- well, I think 23 that's just a sample there. It's underwritten through the 24 Principal Financial Group. I'm not sure. I'm sure the 25 agents -- 9-28-09 119 1 MS. HYDE: Here, that goes with that. 2 JUDGE TINLEY: Okay. 3 (Low-voice discussion off the record.) 4 JUDGE TINLEY: That also appears to be Willis. 5 COMMISSIONER LETZ: Buster? 6 COMMISSIONER BALDWIN: Oh. 7 JUDGE TINLEY: And apparently, lastly, we have a 8 proposal from Texas Association of Counties, who, for a 9 number of years, has chosen not to submit to us. 10 MS. HYDE: Right. 11 COMMISSIONER LETZ: Judge, I move we accept all 12 bids and refer them to the H.R. Department and our outside 13 consultants for evaluation. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded as 16 indicated. Question or discussion? All in favor of the 17 motion, signify 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 LETZ: How many were there? 23 JUDGE TINLEY: Seven is what Ms. Hyde indicated. 24 MS. HYDE: Seven. 25 JUDGE TINLEY: That is a strong submittal. 9-28-09 120 1 COMMISSIONER BALDWIN: Where did TAC come from all 2 of a sudden after all these years of begging? 3 MS. HYDE: We worked very hard with them. 4 COMMISSIONER BALDWIN: Did she say something? 5 JUDGE TINLEY: I think the normal -- normally, if 6 you can get four competitive bids, that's considered a good 7 response. 8 COMMISSIONER BALDWIN: Yeah. 9 JUDGE TINLEY: We've got almost double that. 10 COMMISSIONER BALDWIN: That's three more than we've 11 had the last few years. 12 COMMISSIONER WILLIAMS: That's good. 13 JUDGE TINLEY: I think we had five one time. 14 COMMISSIONER BALDWIN: Did we? 15 MS. HYDE: Yeah, but that one was negated, 16 remember? 17 JUDGE TINLEY: That's right. 18 MS. HYDE: 'Cause they didn't do right. 19 JUDGE TINLEY: Okay. I believe, unless I've missed 20 something, that handles all of the open session items. Is 21 that correct, gentlemen? 22 COMMISSIONER LETZ: I believe so. 23 JUDGE TINLEY: At this time, we will go out of open 24 or public session at 11:47 for the purpose of going into 25 executive or closed session. 9-28-09 121 1 MS. WHITT: Can I move this? 'Cause I can't see. 2 COMMISSIONER OEHLER: We can't see you if you don't 3 move it. 4 COMMISSIONER WILLIAMS: Just stand on this box, 5 Janie. 6 (Discussion off the record.) 7 (The open session was closed at 11:47 a.m., and an executive session was held, the transcript of which 8 is contained in a separate document.) 9 - - - - - - - - - - 10 JUDGE TINLEY: It is 12:25, and we are in open or 11 public session. Does any member of the Court have anything 12 to offer in connection with matters discussed in executive 13 session? Hearing nothing, anything further to come before 14 the Court this meeting? 15 COMMISSIONER WILLIAMS: Mr. Buck just walked in. 16 He may have something. 17 COMMISSIONER LETZ: We're going to lunch. 18 COMMISSIONER WILLIAMS: Oh, you're going to lunch. 19 JUDGE TINLEY: We'll be adjourned. 20 (Commissioners Court was adjourned at 12:25 p.m.) 21 - - - - - - - - - - 22 23 24 25 9-28-09 122 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 1st day of October, 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 9-28-09