1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, December 28, 2010 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 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X December 28, 2010 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Public Hearing regarding installing a 3-way stop at Harless Way E. and CP River Rd., Pct. 2 8 5 1.2 Public Hearing regarding installing a 3-way 6 stop at Crossing St. E. and CP River Rd., Pct. 2 9 7 1.3 Consider/discuss, take appropriate action for final approval regarding installing a 3-way stop 8 at Harless Way E. and CP River Rd., Pct. 2 10 9 1.4 Consider/discuss and take appropriate action for the final approval regarding installing a 3-way 10 stop at Crossing St. E. and CP River Rd., Pct. 2 14 11 1.5 Consider/discuss, take appropriate action for the preliminary revision of plat for Site 12 of the 12 J.L. Nichols Subdivision; set a public hearing for same, Precinct 4 21 13 1.6 Consider/discuss, take appropriate action to 14 discuss preliminary revision of plat for Lot 4-B of Audubon Place; set a public hearing, Pct. 4 23 15 1.17 Consider/discuss, take appropriate action on 16 requests from County Judges in Kimble, Menard, Mason, and McCullough Counties to support or 17 otherwise approve publication of notice in Kerr County for proposed bill which would create new 18 district court for Kimble, Menard, Mason, and McCullough Counties, and possibly other counties 24 19 1.7 Consider/discuss, take appropriate action to 20 accept tax collection contract between Ingram ISD and Kerr County Tax Assessor/Collector; 21 authorize County Judge to sign same 36 22 1.8 Consider/discuss, take appropriate action on all elected and appointed officials' bonds -- 23 1.9 Consider/discuss, take appropriate action on 24 annual approval and acceptance of Juvenile Detention Facility policy and procedures 38 25 3 1 I N D E X (Continued) December 28, 2010 2 PAGE 1.10 Consider/discuss, take appropriate action to 3 accept donation of real property in Kerrville South from Donald J. Trisch; authorize County 4 Judge to enter into memorandum of understanding or similar agreement with donor with respect to 5 naming of future fire station, and execute necessary documents for closing of transactions 40 6 1.11 Consider/discuss, take appropriate action to 7 apply for extension(s) on matter concerning Center Point/East Kerr County wastewater project 8 pending before Texas Water Development Board; authorize County Judge to sign same 43 9 1.12 Consider/discuss, take appropriate action on 10 participation in Lubbock Regional Public Defender for Capital Cases program 44 11 1.13 Consider/discuss, take appropriate action to 12 approve position changes and vacancies in jail and patrol 47 13 1.14 Consider/discuss, take appropriate action to 14 authorize County Judge to execute contract with Anderson Steadham Construction, Inc., for 15 renovation project at Kerr County Sheriff's Annex 57 16 1.15 Consider/discuss, take appropriate action on Forfeiture Report for Constable, Precinct 4 61 17 1.16 Consider/discuss, take appropriate action to 18 approve contract with Kerr County Soil and Water Conservation District; allow the County Judge to 19 sign same 62 20 4.1 Pay Bills 62 4.2 Budget Amendments -- 21 4.3 Late Bills -- 4.4 Approve and Accept Monthly Reports 63 22 5.1 Reports from Commissioners/Liaison Committee 23 Assignments 63 5.2 Reports from Elected Officials/Department Heads 64 24 --- Adjourned 68 25 4 1 On Monday, December 28, 2010, 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 has been posted and 10 scheduled for this date and time, Tuesday, December 28th, 11 2010, at 9 a.m. It is that time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Please join me in a word of 13 prayer and the pledge of allegiance. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. At this time, if there's 16 any member of the public or audience that wishes to be heard 17 on any matter which is not a listed agenda item, this is your 18 opportunity to come forward and tell us what's on your mind. 19 If you wish to be heard on an agenda item, we would prefer 20 that you fill out a participation form. There should be some 21 located at the rear of the room. That helps me to know that 22 there's someone that wishes to be heard on that item from the 23 public. It's not absolutely essential. If you haven't 24 filled out a participation form, when we get to an agenda 25 item you wish to be heard on, get my attention in some manner 12-28-10 5 1 and I'll give you that opportunity. But right now, if 2 there's any individual that wishes to be heard on any matter 3 which is not a listed agenda item, come forward and tell us 4 what's on your mind. Seeing no one coming forward, we will 5 move on. Commissioners' comments. Commissioner Oehler? 6 COMMISSIONER OEHLER: Just hope we get some rain. 7 We only had a half inch the other day, and I know people are 8 wanting to burn, and hopefully it'll happen. 9 JUDGE TINLEY: Okay. Is that it? 10 COMMISSIONER OEHLER: That's it. 11 JUDGE TINLEY: Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Judge, I don't have anything 13 to talk about this morning, yet. 14 JUDGE TINLEY: I'm sure you'll figure something out 15 here in a little bit. 16 COMMISSIONER BALDWIN: It will pop up here in a 17 little while, but thank you. 18 JUDGE TINLEY: Commissioner Letz? 19 COMMISSIONER LETZ: I'm good. 20 JUDGE TINLEY: I've got one item this morning that 21 I'd like to get out of the way. I'm sure most of you recall, 22 a little over two weeks ago, as a result of the untimely 23 death of our colleague, Bill Williams, the obligation became 24 mine to appoint a suitable resident of Precinct 2 to fill the 25 vacancy in Precinct 2 Commissioner. At that time, I 12-28-10 6 1 indicated to folks that those that did have an interest, I 2 would ask that they put it in writing and forward it to me so 3 that I would be aware of their interest in the position, and 4 I'd asked that they do so within two weeks. That two weeks 5 has come and gone. There were a number -- a number of 6 persons who expressed interest. There was a high degree of 7 interest, an excellent field of candidates, which, of course, 8 made the decision which I have to make a very difficult one. 9 But that was something that I have to do, and I have done. 10 After evaluating all of those individuals, let me 11 tell you a little bit about the individual that I've selected 12 to be that commissioner to serve until the next general 13 election. I've known that individual and worked with that 14 individual for a number of years now. This individual has 15 very strong roots in Kerrville and Kerr County, is a person 16 of high integrity and ethical standards, a person who has 17 been active in the community and its civic and business 18 development. This individual has had experiences in working 19 with tight budgets, figuring out how to do a whole lot with 20 very little. The individual is experienced in dealing with 21 government, officials and agencies at the local, state, and 22 federal levels. The individual is a good communicator, has 23 demonstrated ability dealing with various competing 24 interests, and in doing so, being able to forge consensus, 25 compromise, and coalitions. I truly believe that this 12-28-10 7 1 individual will be a tireless and effective worker for the 2 citizens of Precinct 2 and Kerr County, and will also be an 3 asset to this Court. It's my intention to swear this 4 individual in for that office on January 1, 2011, along with 5 the other elected officials beginning new terms at that time. 6 The individual I'm appointing to serve as Kerr County 7 Precinct 2 Commissioner until the next general election is 8 Guy Overby. 9 (Applause.) 10 JUDGE TINLEY: You get to work on the holiday. 11 MR. OVERBY: Thank you. 12 JUDGE TINLEY: January 1. 13 MR. OVERBY: Thank you, sir. 14 JUDGE TINLEY: Any comments at this time, Guy? 15 MR. OVERBY: I'd just like to say it's -- it's an 16 honor to have been appointed for this position. I take this 17 job very seriously. I look forward to not only representing 18 the citizens of Precinct 2 and Kerr County, but I look 19 forward to working with the Commissioners Court, Judge 20 Tinley. And, again, I -- a lot of comments on saying I 21 appreciate all the efforts that Commissioner Williams helped 22 in this position the last 12 years, and his -- his vision, 23 what he saw as far as economic development and other 24 opportunities that he was doing. And I just want to commit 25 to this Commissioners Court and to the citizens of Kerr 12-28-10 8 1 County, Precinct 2, my support and my dedication in working 2 towards continuing that vision and working with you in the 3 2011-2012 year. 4 JUDGE TINLEY: Thank you, sir. 5 MR. OVERBY: Yes, sir. 6 JUDGE TINLEY: Okay. Let's get on with our agenda. 7 At this time, I will recess the Commissioners Court meeting 8 and convene a public hearing regarding installing a three-way 9 stop at Harless Way East and Center Point River Road located 10 in Precinct 2. 11 (The regular Commissioners Court meeting was closed at 9:08 a.m., and a public hearing was held in open 12 court, as follows:) 13 P U B L I C H E A R I N G 14 JUDGE TINLEY: Is there any member of the public or 15 audience that wishes to be heard with respect to the 16 installing of a three-way stop at Harless Way East and Center 17 Point River Road? Mr. John, if you'd come forward and give 18 us your name and address and tell us your thoughts on this 19 matter. 20 MR. JOHN: Morning, gentlemen. Judge, thank you. 21 Well, my address is 170 River Road, Dave's Place. I'm 100 22 percent in favor of the stop signs; we've been trying to get 23 this done for years and year years and years. The only 24 problem is that it's at the wrong location. The one is 25 proper on Crossing, and this one was supposed to be installed 12-28-10 9 1 on Brink. And Mr. O'Fiel, the attorney handling this, has 2 all of the statements, documents from all of the property 3 owners and business owners on the road, that this is where 4 they wanted this put at. But, unfortunately, his office is 5 closed and we can't get to the paperwork this morning. And I 6 would like to see this thing tabled for discussion, if we 7 could, until Mr. O'Fiel gets back in town at the next 8 Commissioners meeting. 9 JUDGE TINLEY: Okay. Anything else, sir? 10 MR. JOHN: I think that'll do it. 11 JUDGE TINLEY: Okay. Thank you, sir. 12 MR. JOHN: Y'all have a happy new year. 13 JUDGE TINLEY: Thank you, sir. Anyone else that 14 wishes to be heard with regard to the installation of a 15 three-way stop on Harless Way East and Center Point River 16 Road? Hearing or seeing no one else, I will close the public 17 hearing regarding the installation of a three-way stop at 18 Harless Way East and Center Point River Road, and I will 19 convene a public hearing regarding installation of a 20 three-way stop at Crossing Street East and Center Point River 21 Road, again located in Precinct 2. 22 (The public hearing was concluded at 9:10 a.m., and a second public hearing was held in open court, as 23 follows:) 24 P U B L I C H E A R I N G 25 JUDGE TINLEY: Is there any member of the public 12-28-10 10 1 that wishes to be heard with regard to the installation of a 2 three-way stop at Crossing Street East and Center Point River 3 Road? Seeing no one coming forward or otherwise seeking to 4 be recognized, I will close the public hearing regarding the 5 installation of a three-way stop at Crossing Street East and 6 Center Point River Road. 7 (The public hearing was concluded at 9:10 a.m., and the regular Commissioners Court meeting was 8 reopened.) 9 - - - - - - - - - - 10 JUDGE TINLEY: And I will reconvene the 11 Commissioners Court meeting and call Item 3 on the agenda; to 12 consider, discuss, and take appropriate action for the final 13 approval regarding installation of a three-way stop at 14 Harless Way East and Center Point River Road located in 15 Precinct 2. Mr. Odom? 16 MR. ODOM: Good morning, Judge. 17 COMMISSIONER BALDWIN: What's the deal? This new 18 Commissioner down there can't seem to get his stop signs put 19 up in the right place? 20 MR. ODOM: It's his fault. (Laughter.) 21 COMMISSIONER BALDWIN: I knew it. I knew it was 22 going to happen. 23 MR. ODOM: Okay, Guy, you're in trouble now. 24 Welcome to the Court. 25 MR. OVERBY: That's right. 12-28-10 11 1 MR. ODOM: This area, Center Point Road, I would 2 just say -- Mr. Johns is not here, but this is -- the only 3 time I know about these stop signs is recently, is when we 4 have addressed this issue and taken a look at the 5 right-of-way and the whole thing, and where a stop sign 6 should go. We looked at Harless as not in front of 7 somebody's driveway. It's over 30 feet to even get there 8 from where he's talking about. The most logical place to put 9 it would be Harless, the next one down, and -- and then 10 Center Point. Because there were complaints down there 11 coming across that bridge and the speed of people, which is 12 another agenda item. But on this one right here, this is 13 what we think is the best location. And we think as 14 responsible -- if you get it -- there's no sense stopping in 15 front of somebody's home, with fumes and noise, and the 16 driveway is right where you need to put a stop sign. So, 17 there's an existing residence right there. Down there are 18 some cabins right down the next block there. That breaks it 19 up halfway. That speed limit's 30 miles an hour, so we felt 20 comfortable that this was the best location to put it. And 21 to my knowledge, I haven't seen any petition for 22 commercial -- there's only one commercial entity that I know 23 of. Well, there's some rental places down there. So, we 24 think that this would control it. I gave you supporting 25 documents, and I think it's very detailed, what we've tried 12-28-10 12 1 to do. We've tried to work with Rob to resolve an issue, and 2 hopefully this would stop -- slow down the traffic, anyway. 3 What we've done temporarily with -- well, I say 4 "temporarily." With the stop -- "Slow, 30 miles an hour," 5 has reduced the speed, but I don't know how long that would 6 continue to be. So, we think this is the best location, is 7 at Harless. 8 COMMISSIONER LETZ: And where did Mr. Johns think 9 it should be? 10 MR. ODOM: I think it's -- 11 MS. BOLIN: Brink Street. 12 MR. HENNEKE: The street west -- one street west of 13 the proposed location. 14 MR. ODOM: If you look at the map that we have, 15 it's the next street over, which is Bowlin Drive. 16 COMMISSIONER LETZ: He said Brink, and Brink's to 17 the east. 18 MR. HENNEKE: Well, no, I mean the one to the west. 19 I don't have a map in front of me, Commissioner. 20 COMMISSIONER LETZ: But, anyway, I guess -- 21 MR. ODOM: If you would -- this is a map here. 22 COMMISSIONER LETZ: Right. 23 MR. ODOM: And it shows -- 24 COMMISSIONER LETZ: I guess, you know, the -- and I 25 guess his concern is the -- his restaurant is almost the 12-28-10 13 1 first thing you hit coming from -- if you're driving from 2 Kerrville on River Road, and it's between -- it's at Bowlin, 3 I guess. I'm trying to figure out where -- 4 MR. ODOM: Just the other side between that narrow 5 crossing right there at the creek, that drainage easement 6 down through there. 7 COMMISSIONER LETZ: Mm-hmm. 8 MR. ODOM: And on Bowlin. And his place is on the 9 river side, and then he has some property across. 10 COMMISSIONER LETZ: Right. 11 COMMISSIONER OEHLER: Where the two X's are. 12 MR. ODOM: You have a natural slow-down with that 13 narrow crossing right there. If you -- like I say, it's not 14 showing the residence right there, but it's within 30 feet. 15 The manual says no more than 30 feet from an intersection, 16 and that still puts you in a driveway, so I can't -- by the 17 manual, that's not -- 18 COMMISSIONER LETZ: You can't put it where they 19 want it? 20 MR. ODOM: That's -- you've got a water line and 21 everything right there. Water meters, driveway, and you 22 exceed the 30 feet. So, I go back down to the next street, 23 which is Harless, which breaks it up about middle way. 24 COMMISSIONER LETZ: Move approval. 25 COMMISSIONER BALDWIN: Second. 12-28-10 14 1 COMMISSIONER OEHLER: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Question or discussion on the 4 motion? All in favor of the motion, signify by raising your 5 right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: The motion does carry. we'll move to 10 Item 4; to consider, discuss, and take appropriate action for 11 the final approval regarding installing a three-way stop at 12 Crossing Street East and Center Point River Road located in 13 Precinct 2. Mr. Odom? 14 MR. ODOM: Yes, sir. This is -- Crossing Street is 15 down there right before you get to the bridge that's been in 16 contention -- or opposition from the Highway Department. And 17 so we've looked at that area there. Right past that is a 18 rental home, and I think some property right there where 19 we've had complaints and -- speeding complaints in there. 20 So, we've taken a look. That is the most logical way, if 21 we're having speeding going across that narrow crossing there 22 at the river, to stop them three ways. And this would 23 facilitate these rental homes and that little tepee that's 24 over there at Crossing, so we think that that would slow it 25 down. And then you hit Brinks and then you hit Harless, 12-28-10 15 1 which would stop your momentum, and then you would start that 2 acceleration back up. And we think that these two crossings 3 are spaced enough that we could control the speed, plus our 4 markings on the road. 5 COMMISSIONER LETZ: Leonard, do you have a concern 6 that if you -- if you're coming across the river and making 7 that corner, and someone's stopped right there with a 8 trailer, someone's going to run right into the back of that 9 trailer? That's a blind corner. 10 MR. ODOM: It is a bad corner. 11 COMMISSIONER LETZ: I can't -- I guess what I'm 12 saying is I agree with a stop sign if you're going eastbound, 13 but I'm not sure about that one coming westbound, 'cause I 14 don't see how you can have any speed if you're going 15 westbound, after going up that corner. 16 MR. ODOM: Part of the problem -- it went both 17 ways, Jonathan. One of the complaints was, before, down in 18 Center Point, was that the traffic coming from Kerrville was 19 coming around that corner fast. 20 COMMISSIONER LETZ: Right. 21 MR. ODOM: The other problem was that you have this 22 rental property on the river right there, right past this 23 area right here. 24 COMMISSIONER LETZ: Mm-hmm. 25 MR. ODOM: And then you have another one that 12-28-10 16 1 Steadman owns right there, and so there was a complaint in 2 there about the speed around the house and his kids. So, 3 when you look at it, I'm -- that means that the acceleration 4 is coming from Crossing Street. Once you get up there, then 5 they take off. And that's the reason we looked at, well, if 6 we can control the speed problem, it's not so much coming to 7 that 90-degree turn down; it's coming out of there to pick up 8 that -- slow it down before it got to Harless. Then we stop 9 it, and then they have to pick back up. 10 COMMISSIONER OEHLER: Well, another thing is, too, 11 if we barricade the bridge off, don't use it any more, it 12 won't be needed. You won't need a stop sign there at all, 13 will you? 14 COMMISSIONER LETZ: That's true, too. 15 MR. ODOM: Or -- or we kick the traffic over on 16 Southern Lane, back to the highway. 17 COMMISSIONER LETZ: I guess I just look at it, I'm 18 concerned -- I mean, I drive that road a lot, and that 19 intersection -- and the tendency that I have, and maybe I'm a 20 different driver, is that you're going too fast going on the 21 -- if you're headed east. And you -- and that's a hard 22 corner. You really need to pay attention, 'cause I've had 23 people go straight through there onto that brush; they can't 24 make that corner. Coming the other direction, boy, I mean, 25 you're not going more than 10 miles an hour when you hit that 12-28-10 17 1 intersection anyway. 2 MR. ODOM: You're probably 10 or 15. 3 COMMISSIONER OEHLER: 'Cause it's uphill, too. 4 COMMISSIONER LETZ: Going uphill. It's a blind 5 corner. I'm just worried about, you know, if someone's 6 pulling a trailer, it's going to be -- you know, I'm just 7 worried about someone coming on that -- going the other 8 direction, I think going towards -- or going eastbound, that 9 makes a whole lot of sense, and it makes -- you know, I agree 10 totally with the stop signs. 11 JUDGE TINLEY: You'd suggest maybe a two-way stop 12 instead of a three? 13 COMMISSIONER LETZ: Yeah. 14 MR. ODOM: Let them get up -- up to Harless and 15 then stop there? 16 COMMISSIONER OEHLER: It does make sense. It is 17 uphill and it is around a curve. 18 JUDGE TINLEY: That's a very sharp curve, too, more 19 than 90 degrees. 20 MR. ODOM: Very sharp curve. 21 COMMISSIONER OEHLER: Way past 90. 22 MR. ODOM: It's a catch-22. 23 COMMISSIONER LETZ: Yeah. 24 MR. ODOM: You know, it's -- 25 COMMISSIONER LETZ: The other side is, if you only 12-28-10 18 1 have two stop signs, people are assuming there is going to be 2 another stop, and someone may, you know -- 3 COMMISSIONER OEHLER: One thing I can see now, from 4 pulling trailers and hauling loads, if you're going to go 5 across going eastbound, that's a hard place to stop and 6 start. 7 COMMISSIONER LETZ: Mm-hmm. 8 MR. ODOM: You might take another route. 9 COMMISSIONER OEHLER: Well, there's always an 10 option for that. 11 MR. ODOM: There's an option. 12 JUDGE TINLEY: Install a permanent detour? 13 COMMISSIONER OEHLER: Barricades would stop it, 14 wouldn't it? 15 JUDGE TINLEY: Yeah. 16 MR. ODOM: It's a hard one. When you -- which one 17 do you -- 18 COMMISSIONER LETZ: I mean, I'm -- 19 MR. ODOM: And I agree with you; if you have a 20 two-way and someone assumes -- and then they don't stop, and 21 someone up above may take a left-hand turn. 22 COMMISSIONER LETZ: Yeah. 23 MR. ODOM: Now, what I'm told is everybody makes a 24 right-hand turn. 25 COMMISSIONER LETZ: I would think that most cars 12-28-10 19 1 coming across do take a right turn there, or at least 50 2 percent -- I mean, a high percentage, whatever it is. I mean 3 I'll defer to you as to where we should put them on here. I 4 think it's not a bad spot to put -- slow the traffic down, 5 'cause any option I come up with, I can shoot holes in that 6 option as well. 7 MR. ODOM: You know, you could go to Brinks, but 8 then again, what do you do with the ones going back into 9 Center Point right there? 10 JUDGE TINLEY: What say you, gentlemen? 11 COMMISSIONER BALDWIN: What do you recommend? 12 MR. ODOM: I think the safest way is to make them 13 three-way stops. That stops them; there's not a question. 14 Inconvenient. If you got too big of a load, I suggest you 15 not go across the bridge going that way. I suggest taking 16 the high-water bridge. 17 COMMISSIONER OEHLER: Jonathan may be bootlegging. 18 MR. ODOM: Well, it's probably him that -- he's 19 complaining about pulling a trailer. Just an assumption -- 20 COMMISSIONER LETZ: Just occasionally. 21 JUDGE TINLEY: He hears the license and weight boys 22 are in town; he's taking a circuitous route. 23 COMMISSIONER OEHLER: He wouldn't do that. 24 COMMISSIONER LETZ: Not me. 25 MR. ODOM: It's a hard decision. But that's -- to 12-28-10 20 1 me, it's the safest, and it solves what I've heard on 2 problems as far as speed. It addresses a lot of that right 3 there. 4 COMMISSIONER LETZ: I think I'll make a motion to 5 approve, with a condition that we put a sign closer -- before 6 you get to that curve that warns people there's a stop sign 7 right there. 8 MR. ODOM: Sure, I would put advance stop -- 9 JUDGE TINLEY: Stop ahead. 10 COMMISSIONER LETZ: Stop ahead. 11 COMMISSIONER OEHLER: Yeah. 12 COMMISSIONER LETZ: Yeah. 13 MR. ODOM: But 325 feet, we'll have to see where it 14 falls. 15 COMMISSIONER LETZ: Just right -- you know, as 16 you're coming up that hill, try to keep it as, you know -- 17 MR. ODOM: The problem is -- well, I'd have to do 18 it on the other side and try to get it up, because nothing 19 will stay down there when this river comes up. 20 COMMISSIONER LETZ: Right. But, I mean, figure out 21 a spot to put it where it makes the most sense so people have 22 a warning that there is a stop sign there. 23 MR. ODOM: And I'll do the same thing on Harless, 24 too, when you're coming from the Kerrville side. We'll put 25 one up. 12-28-10 21 1 COMMISSIONER LETZ: That might help out on River 2 Road; might slow people up. 3 COMMISSIONER OEHLER: I'll second your motion. 4 JUDGE TINLEY: Motion made and seconded as 5 indicated. Further question or discussion on that motion? 6 All in favor, 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: The motion carries. Item 5, 11 consider, discuss, take appropriate action for the 12 preliminary revision of plat for Site 12 of the J.L. Nichols 13 Subdivision, Survey Number 126, Abstract Number 262; set a 14 public hearing for the same. 15 MR. ODOM: Yes, sir. I believe Lee is -- there he 16 is, in case there's any questions. Mr. Voelkel is 17 representing Mr. Salazar concerning Site 12 of the J.L. 18 Nichols Subdivision. Mr. Salazar wants to purchase 2 acres 19 out of 3.35 acres total. He wants to open a tanner business 20 on Lot 12B, the 2 acres, and Lot 12A will be retained by the 21 Reed family. It has an existing mobile home and septic 22 system, and both these lots are in the city of -- the city's 23 ETJ, and are serviced with a community water system and 24 O.S.S.F. There is a note that we have on the plat that is 25 added that Lot 12B is restricted use for nonresidential 12-28-10 22 1 purposes only, so Lot 12A will remain residential and Lot 12B 2 will be become commercial. We had discussed this before, the 3 uniqueness of it, but we felt like we could. The rest of the 4 lots around there to the south of that 12B is commercial, and 5 Mr. Salazar wants to bring that into the like property, which 6 is commercial. The Court minutes from September 27th states 7 Rob Henneke needed to review this to make sure that we were 8 not violating any model subdivision rules. Lee said he had 9 discussed this with Rob, and he was okay with this. So, I'm 10 taking the County Surveyor's word, and believe that that is 11 correct. I think that -- I believe that Kelly had talked to 12 you too, I believe -- I thought. 13 MR. HENNEKE: They had. And I also vetted this 14 with the Water Development Board, since they're the master of 15 the model subdivision rules, and -- and subject to my review, 16 they didn't have any objection to this. That was the main 17 concern that we had at the last court hearing. 18 MR. ODOM: That was the main concern. So, at this 19 time, we ask the Court to set a public hearing for Monday, 20 February the 14th, 2011, at 9 o'clock a.m. for the revision 21 of plat for Site 12 of the J.L. Nichols Subdivision, Survey 22 Number 26, Abstract Number 262, Precinct 4. 23 COMMISSIONER OEHLER: Move approval. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded to set a 12-28-10 23 1 public hearing on the matter for February 14, 2011, at 9 a.m. 2 question or discussion? All in favor of the motion, signify 3 by raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: The motion carries. Let's move to 8 Item 6; to consider, discuss, and take appropriate action to 9 discuss the preliminary revision of plat for Lot 4B of the 10 Audubon Place as shown in Volume Number 7, Page 294, and 11 Volume 7, Page 331, Plat Records, and 4.89 acres at 176 Doris 12 Drive as shown in Volume 1213, Page 269, Real Property, and 13 to set a public hearing. 14 MR. ODOM: Yes, sir. We had met September the 15 27th, 2010, to discuss the concept plan for this revision of 16 plat, 4BR of Audubon Subdivision, and the 4.89 acres at 176 17 Doris Drive, Precinct 4. Lee Voelkel is representing the 18 Vendettis, who own Lot 4B of the Audubon Place Subdivision, 19 the lot at 176 Doris Drive. The Vendettis would like to have 20 their road access at Doris Drive. This issue -- and there 21 were several issues that were addressed that we have in the 22 agenda item for you. The issues from the September 27th, 23 2011 meeting have been resolved. At this time, we ask the 24 Court to set a public hearing for the revision of plat for 25 Lot 4BR of the Audubon Place Subdivision in Precinct 4 for 12-28-10 24 1 Monday, February the 14th, 2011, at 9:10 a.m. 2 COMMISSIONER OEHLER: Move approval. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded to set a 5 public hearing on the matter for February 14, 2011, at 9:10 6 a.m. Question or discussion? All in favor of the motion, 7 signify by raising your right 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. Judge 12 Emerson, Judge Cordes, are there going to be other judges 13 joining us for Item 17, to your knowledge? 14 JUDGE EMERSON: I don't believe so, Judge. 15 JUDGE TINLEY: Okay. In deference to you guys, I'm 16 going to call Item 17; to consider, discuss, take appropriate 17 action on request from county judges in Kimble, Menard, 18 Mason, and McCullough Counties to support or otherwise 19 approve publication of notice in Kerr County for a proposed 20 bill which would create a new district court for Kimble, 21 Menard, Mason, and McCullough Counties, and possibly other 22 counties. I put this on the agenda as a result of a meeting 23 which was held, I guess, a couple weeks ago now in which 24 the -- the county judges and/or commissioners from the four 25 northern counties of the 198th district, which -- I'll call 12-28-10 25 1 them that; it's Kimble, Mason, Menard, and McCullough. 2 They -- they would like to file a local bill with the 3 Legislature for the creation of a new court to encompass 4 those counties, and possibly one or more other counties. But 5 in order for that local bill to be -- for the filing of it to 6 be appropriate and to be considered by the Legislature, there 7 must be notice published in all the counties that would be 8 affected by that, and since these counties are part of the 9 198th now, it's my understanding Kerr County would be an 10 affected county, and they are seeking either, one, a 11 resolution of support for their -- for their endeavors, or 12 two, at a minimum, approval of their publication of a notice 13 here in Kerr County of their intent to file this local bill 14 that affects those four northern counties, and possibly 15 others; I don't know. 16 COMMISSIONER BALDWIN: So, what we'd be saying, 17 then, is that we no longer want 198th in Kerr County. 18 JUDGE TINLEY: No, sir, we wouldn't be saying that 19 at all. It's merely if -- they're merely seeking our 20 permission to publish a notice of their filing of the bill. 21 COMMISSIONER BALDWIN: Yeah, that would be -- 22 JUDGE TINLEY: Judge Emerson? Do you want to -- 23 COMMISSIONER BALDWIN: That would be the second 24 part of it, but the first part of adopting the resolution 25 sounds like to me that we no longer want 198th in our county. 12-28-10 26 1 JUDGE TINLEY: I'm -- 2 JUDGE EMERSON: What the local bill says, 3 Commissioner -- actually, what it does is place the 198th 4 solely in Kerr County, and then creates a 440th Judicial 5 District for the four western counties. 6 COMMISSIONER BALDWIN: I see. Okay. 7 COMMISSIONER OEHLER: So it will have some economic 8 impact on us. 9 JUDGE TINLEY: Could. 10 COMMISSIONER OEHLER: If it were to pass and if it 11 were to be solely in Kerr County. 12 JUDGE TINLEY: As an alternative, at this point, 13 they are seeking permission from this Court to merely file 14 the notice of their intent to file this local bill, but which 15 would not include our endorsing their endeavor, as it were. 16 When we had this meeting, I think I suggested, you know, "If 17 you guys want to publish a notice, you know, send it down 18 here to the local media and pay the cost. I don't think we 19 have any control over it." But they chose -- they said, "We 20 want to come before the Court and just seek your approval of 21 our -- at a minimum, of our publication of a notice here in 22 your county." 23 COMMISSIONER LETZ: You mentioned possible -- or 24 the Judge mentioned possible other counties. Would it not 25 take additional counties to get a population of the size that 12-28-10 27 1 would make this likely? 2 JUDGE CORDES: There are -- can I just stand back 3 here? 4 JUDGE TINLEY: Speak loud enough for the court 5 reporter to get you, Judge. Judge Richard Cordes from Menard 6 County. 7 JUDGE CORDES: We've done a -- we've done a little 8 research on this, and there are several judicial districts 9 that are actually smaller in population than what we would 10 be. Okay? Now, it's a long process to get this done. You 11 got to present the bill, and then they have a judicial 12 committee down there that will analyze whether or not we have 13 enough case load to do it, and there's going to be some point 14 that we'll be required to -- to meet a judicial district too. 15 I think right now we will meet that; just barely, but we will 16 meet it. There are, like I say, districts that are lower in 17 population than us, especially up in the panhandle where 18 there's three or four counties together, and -- and a lot 19 lower population. The -- obviously, in the Legislature this 20 year, their budget and whatnot, you know, this is going to 21 require extra money from them. And so -- so, personally, I 22 don't look at it as being very -- very favorably looked on by 23 the Legislature this year. 24 But there's going to come a point in time in the 25 near future, and where -- and I'm going to bring -- is it the 12-28-10 28 1 216th? Yeah, 216th, which is part of Kerr County, Gillespie, 2 Kendall, and Bandera. Their case load is getting tremendous, 3 and their population is getting tremendous, and it's going to 4 have to be -- be pared down or divided up, too. And when 5 that happens, if we already got this started, maybe we can 6 keep these three, four -- eight counties kind of into three 7 districts instead of being, you know, parted out everywhere 8 else. Right now, with the F.D.L.S., we don't want Schleicher 9 County, okay? So -- (Laughter.) So -- but that would be 10 one thing. And what we're trying to do basically is -- is 11 get this ball rolling in that direction. We don't know who 12 all the players want to be, or who all want to play in this 13 game, all right? 14 And one of the things about starting this bill, you 15 know, when something starts looking like it's going to affect 16 you, you're going to holler. You know, we can sit all day 17 and ask them to come to meetings. They may show up and may 18 not. But when they see this bill, if Kendall County wants to 19 be a player in this game, they're going to -- they're going 20 to step up to the plate and bat, you know. Or Bandera, 21 whoever. And -- and after we get the ball started, what we 22 could do, and what our plans are is to -- to get a local bill 23 that would be a good bill, okay? And right now, I'm not sure 24 that it's the best bill, but it's the way it's going to be 25 presented, and then amendments can be added or whatever to 12-28-10 29 1 change it. Yes, it's going to affect y'all, okay? I put 2 some rough numbers on it, and it's going to affect y'all -- 3 y'all tremendously, okay? The four counties that are out 4 there, Menard, Kimble, Mason, and McCullough, we're going to 5 be affected too. We will have to pay a little more. Not 6 drastically a lot more, okay? 7 The good thing about y'all and the 198th, y'all 8 make up about 58 percent of the cases, and the other four 9 counties make up about 42 percent, so you're going to lose 10 that case load, all right? So, hopefully -- in the District 11 Judges' office, you probably will not be able to sacrifice 12 any employees or anything like that. District Judges' office 13 is going to probably have to stay about the same, because it 14 overlaps so much; the 216th, anyway. But the 198th District 15 Attorney's office, when you lose 42 percent of its cases, 16 surely there should be some workload and some employees that 17 can be eliminated there, and -- and travel and meals and 18 insurance and a lot of things that could be eliminated there 19 to make up a better, you know, funding for y'all. I've heard 20 somewhere -- and I don't know the statute; you might can help 21 us on that, but where a county this size can actually do away 22 with the District Attorney, and the County Attorney does both 23 the felonies and the -- and the misdemeanors, and then the 24 State would pay the County for that. So, if that is true and 25 that's a fact, well, then, y'all could look into that, and 12-28-10 30 1 that would save you a lot of money, because the State would 2 be paying your County Attorney, essentially. 3 I had some figures, and -- let me get them. I 4 didn't know whether I wanted to tell you all them or not. 5 (Laughter.) When I got to figuring, it didn't look good. 6 But the four counties -- actually, on the judges' part of it, 7 we make up about a hundred and -- let me get to this paper. 8 We make about up about $82,000 of the District Judges' budget 9 right now. And the District Judges' budget is 268,000, so 10 that's a pretty good chunk there. It wouldn't be totally -- 11 you know, y'all wouldn't have to make up the total 83,000 -- 12 82,000 and change, but -- but there would be a big chunk of 13 that that Kerr County would have to make up there. There may 14 be some -- and I don't know all the workings of the District 15 Judges' office, especially with this being split half and 16 half, but there may be some kind of intermingling that may be 17 able to save a little money. But I'm not sure on the 18 District Judges' office. 19 On the District Attorney's office, I figured that 20 right now, Menard County, Kimble, Mason, and McCullough make 21 up about 140,000 of that budget. And, of course, that 22 budget -- I don't know; it's kind of hard to really say a 23 whole lot about it, because some of it's funded by seizure 24 money and some of it's funded with tax moneys, and 25 unfortunately, sometimes we don't get to say what exactly 12-28-10 31 1 it's all funded with. But I put some figures down here that 2 if we took out our 140,000 of this -- the District Attorney's 3 budget is about 340,000, with tax dollars, okay? It's about 4 800,000 with all the seizure money and everything else in 5 there, but it's about $340,000 with tax dollars. So, if you 6 take out our 140,000, that leaves about 200,000 there. Right 7 now, y'all put in 199,000. I don't think you'd have to make 8 up the whole 140,000, because I think some of the counties -- 9 smaller counties voted to -- I know Menard did, to roll back 10 the assistant D.A.'s salary from 94,000 to 20 -- to 70,000, 11 and so presumably he was supposed -- the District Attorney 12 was supposed to do that, and then if he wanted to still be at 13 95,000 or 94,000, he would add seizure money to make it that. 14 We couldn't stop him from doing that, but he'd have to get it 15 approved by Commissioners Court. 16 So, that's a $20,000 savings off of this figure 17 that I had here from the District Attorney. Probably you 18 could get away with one less legal secretary, 'cause you have 19 one in Junction that does -- does that four counties out 20 there, and that's $37,000. Contractual labor for appeals, 21 he's got 24,000 there. If you cut out 42 percent of the 22 cases, that would cut out some of the appeals, so you could 23 probably save about 12,000 there. Health insurance, I put 24 down about 6,000 savings. Meals and lodging, that's 7,436, 25 so a lot of the travel would be out, so I put it down to save 12-28-10 32 1 about 4,000. Postage would be cut 48 percent -- you know, 42 2 percent. Office supplies, same thing; I just put 42 and 58 3 percent. So, that would be about $83,000 worth of savings 4 that I came up with there. So, off of that difference there, 5 you know, you're down to about $55,000 that would be -- would 6 be the difference between what you're paying now and what you 7 would be paying, and you'd be 55,000 more. But if the County 8 Attorney/District Attorney deal would work, you would more 9 than cover that, and you would have some flow over into the 10 District Judges' office. 11 Pretty rough figures. Pretty fast throwing them at 12 you right here, but -- and like I say, you know, this is a -- 13 this is more just get our foot in the door type deal, and see 14 who the players want to be and what the best bill's going to 15 be. Ten years from now -- this is going to have to come 16 about sooner or later. I don't suspect the Legislature's 17 going to do anything with it this year because of the -- the 18 budget shortfall and the redistricting, which is going to be 19 another thing. Probably two years down the line, we probably 20 won't even be in the same district as what we are now. So, 21 any other questions? But what we'd like for y'all to do is 22 just -- 23 JUDGE TINLEY: Give you the okay to publish the 24 notice? 25 JUDGE CORDES: Publish it, get the ball rolling, 12-28-10 33 1 and see where we go to from there. Do you have anything to 2 add? 3 JUDGE EMERSON: Just -- the only thing I'd like to 4 say is that counties keep asking myself, and I'm assuming 5 they're asking Amos the same thing, how this is going to 6 affect you and what you think about it. And the only 7 statement I would make is that I think you and each of the 8 other four commissioners courts need to do what's in your 9 constituents' best interest, regardless of how it affects the 10 current elected officials, and then if it comes into play, 11 then we'll make a decision accordingly. 12 JUDGE CORDES: Any other questions? Okay. Thanks 13 for your time. 14 SHERIFF HIERHOLZER: The one thing I'd like to add, 15 as y'all well know, not only the savings there, but if Kerr 16 County were to eventually get our own district court, you 17 know, it could very well -- and most likely would speed up 18 the criminal docket in Kerr County, which would definitely 19 put off our addition to that jail situation and the crowding 20 situations we face off and on there. Because if y'all 21 recall, maybe prices have changed a little bit, but about 22 three years ago, when we were looking at and actually went 23 out for the RFQ's on that, it was going to cost an estimated 24 60,000 a bed to add onto that jail, and if you can put that 25 off for one more year -- we're good right now, but it could 12-28-10 34 1 save in the long run on other areas also. 2 COMMISSIONER OEHLER: Kind of looks to me like 3 there needs to be an overall plan of how this is all going to 4 -- seems to me like that the 198th could be reconfigured. 5 216th might -- you know, maybe, for instance, we would put -- 6 you know, we'd get Bandera County in the 198th, and the 216th 7 would just be Gillespie and Kimble and Kerr, maybe. 8 JUDGE CORDES: I suspect that something like that 9 would happen, yeah. 10 COMMISSIONER OEHLER: You know, we need to do 11 something to try to cover some of the increase that we'd have 12 to pay. 13 COMMISSIONER BALDWIN: I agree with you. As far as 14 today, now, I think that we need to agree with him just to 15 take this first step toward the proposed bull -- I mean bill. 16 (Laughter.) 17 COMMISSIONER OEHLER: You noticed that too, huh? 18 COMMISSIONER BALDWIN: Took me all night to figure 19 that one out. 20 COMMISSIONER OEHLER: Kind of like getting the bull 21 by the horns? 22 COMMISSIONER BALDWIN: Yeah. But -- 23 JUDGE CORDES: They say in Menard that I'm full of 24 bull a lot. 25 COMMISSIONER BALDWIN: I didn't want to say that, 12-28-10 35 1 Judge. (Laughter.) 2 COMMISSIONER OEHLER: Most of it's on the other end 3 of the bench. 4 COMMISSIONER BALDWIN: Just to get that step going 5 in the Legislature, to make -- it's an awareness thing, I 6 think. And I move that we approve it. 7 JUDGE TINLEY: Authorizing them to publish notice 8 in Kerr County? 9 COMMISSIONER BALDWIN: Yes, sir. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER LETZ: Second. 12 JUDGE TINLEY: We have a motion and a second to 13 authorize the publication of the notice for the local bill in 14 Kerr County. I assume that's on somebody else's nickel? 15 COMMISSIONER BALDWIN: Yeah. I thought that was 16 the agreement, that they were going to pay for the -- 17 JUDGE TINLEY: I understand, but I just wanted to 18 be sure. 19 COMMISSIONER BALDWIN: Absolutely. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: Yeah. 22 JUDGE TINLEY: Any question or discussion on the 23 motion? All in favor of the motion, signify by raising your 24 right hand. 25 (The motion carried by unanimous vote.) 12-28-10 36 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion carries. Publish away, 4 Judge. 5 JUDGE CORDES: All right. Thank y'all. 6 JUDGE TINLEY: Okay. 7 JUDGE CORDES: We'll keep y'all informed how we're 8 rolling. 9 JUDGE TINLEY: Okay, thank you. 10 COMMISSIONER OEHLER: Good. 11 JUDGE TINLEY: Let's go to Item 7; to consider, 12 discuss, and take appropriate action to accept the tax 13 collection contract between Ingram ISD and the Kerr County 14 Tax Assessor/Collector's office and authorize County Judge to 15 sign the same. Ms. Bolin? 16 MS. BOLIN: Well, gentlemen, I went to the school 17 board meeting this month, and they agreed to allow us to 18 collect their taxes for them. That will bring about 22,000 19 to $24,000 into our coffers, but saves them about 26,000, 20 based on their budget. The contract does not have any dates 21 in it. There's been some things that happened since the 22 school board meeting; that date may be moved up. The 23 original date was going to be -- we would get all their files 24 and everything on February 1, and then by the 15th of 25 February we'd be collecting. It may be pushed up to sometime 12-28-10 37 1 in January, but I won't know until next week. But I would 2 like for the Judge to be able to sign this, please, so that 3 we can do this. 4 JUDGE TINLEY: Other than the effective date, the 5 County Attorney's approved the contract? 6 MS. BOLIN: Yes, sir. 7 JUDGE TINLEY: Okay. Next question. You say it'll 8 bring in about 24,000? 9 MS. BOLIN: Mm-hmm, between 22 and 24. 10 JUDGE TINLEY: Okay. I assume that our additional 11 costs incurred as a result of doing this will not be greater 12 than that? 13 MS. BOLIN: No, sir. 14 JUDGE TINLEY: Okay. 15 MS. BOLIN: We don't anticipate -- I don't 16 anticipate having to have any additional clerks at this time. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER BALDWIN: That's the magic question. 19 COMMISSIONER OEHLER: There you go. I move 20 approval. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval. Question or discussion? All in favor of the 24 motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 12-28-10 38 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. 4 MS. BOLIN: Thank you, sir. 5 JUDGE TINLEY: Item 8; consider, discuss, take 6 appropriate action on all elected and appointed officials' 7 bonds. Ms. Pieper asked that this be on the agenda, but I 8 had -- there's been some discussion about deferring that 9 until the special meeting of the Court on January 1, when 10 elected officials are sworn in, that the bonds be approved at 11 that time. 12 COMMISSIONER BALDWIN: That is correct. 13 JUDGE TINLEY: That's -- 14 COMMISSIONER BALDWIN: With your approval. 15 MS. PIEPER: That's fine. 16 JUDGE TINLEY: Okay, we'll defer on that one. 17 Let's go to Item 9; consider, discuss, take appropriate 18 action on annual approval and acceptance of the Juvenile 19 Detention Facility policy and procedures. Mr. Stanton? This 20 is an annual requirement as required by T.J.P.C.? 21 MR. STANTON: Yes, sir. 22 JUDGE TINLEY: Okay. 23 MR. STANTON: We've been through an extensive 24 revamp of the Juvenile Facility's policies and procedures. 25 They've been gone over by the County Attorney, and also by 12-28-10 39 1 the county H.R. Department. They've also been approved by 2 the Kerr County -- or the Texas Juvenile Probation 3 Commission, and we're just asking for the annual approval of 4 those policies and procedures before Commissioners Court. 5 COMMISSIONER BALDWIN: Are there a lot of changes 6 from last year? 7 MR. STANTON: A lot of revamping as far as 8 downsizing the amount. What we tried to do is -- is take the 9 C.R.M. that the Texas Juvenile Probation Commission comes out 10 and -- they come out, do our audits from, and revamp it as 11 far as taking policies that -- instead of duplicating 12 policies, separating them out where we would take our policy 13 and procedures that pertain just to us out of the -- or let 14 me start over. Our last policy and procedures manual had 15 Kerr County's policies and procedures along with our policy 16 and procedures, and they were kind of intermingled to what we 17 were kind of doing. We tried to separate our policies and 18 procedures out so we would have a separate set of policies 19 and procedures regarding the facility's everyday running, as 20 opposed to Kerr County's policies and procedures. So, 21 they're not intermingled and they're not duplicating anything 22 as far as what the two different policies say. 23 COMMISSIONER BALDWIN: So, there's nothing real 24 major going on here at all? 25 MR. STANTON: No, sir. It's just a separation of 12-28-10 40 1 the two different policy -- policy books, where if it's 2 related to anything Kerr County, we use that book. If it's 3 related to everyday running of the facility, we use the Kerr 4 County -- the Juvenile Facility policies and procedures. 5 COMMISSIONER BALDWIN: Very good. 6 JUDGE TINLEY: And you cleared this with the County 7 Attorney, with the H.R. Director, and they're in conformance 8 with Texas Juvenile Probation Commission requirements? 9 MR. STANTON: Yes, sir, I have. 10 COMMISSIONER BALDWIN: Move for approval. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor of the 14 motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion does carry. Let's go to Item 19 10; consider, discuss, and take appropriate action to accept 20 donation of real property in Kerrville South from Donald J. 21 Trisch and authorize the County Judge to enter into 22 memorandum of understanding or similar agreement with donor 23 with respect to naming future fire station, and execute 24 necessary documents for closing of transactions. I put this 25 on the agenda. Commissioner Baldwin and I have been working 12-28-10 41 1 now for -- three years, Commissioner? 2 COMMISSIONER BALDWIN: Yes, sir. 3 JUDGE TINLEY: We zeroed in on a piece of property 4 out in Kerrville South on Ranchero Road, directly across the 5 street from Nimitz High School. 6 COMMISSIONER LETZ: Elementary. 7 AUDIENCE: Elementary. 8 JUDGE TINLEY: Nimitz Elementary, excuse me. That 9 would confuse folks, wouldn't it? And it's a little over an 10 acre. It's about 1.16 acres, I believe. We have been 11 talking with the owners of that property for some time now, 12 and the owner of the property this year decided maybe this 13 was the time to do this, to convey fee title to that property 14 to the Kerr -- to Kerr County, with the idea in mind that at 15 some point down the road we'd stand up a fire station there, 16 since we do need coverage in Kerrville South. Hopefully, 17 that will impact our fire services contract cost with the 18 City of Kerrville. The only stipulation that they wanted to 19 put on the matter was that the donor would have naming rights 20 with respect to any future fire department structure that was 21 built on the property, essentially in memory of his late 22 wife, Linda Lashley Trisch; as many of you know, a very well 23 respected person in this community who passed away this past 24 year, very successful business person, and very active in the 25 community. That's what the memorandum of understanding is 12-28-10 42 1 about. County Attorney has taken a look at the draft of it. 2 And other than that, we get a straight -- straight cash 3 warranty deed to the property, and that's that. 4 COMMISSIONER BALDWIN: I just wanted to say that, 5 yes, we started looking at it three years ago, and the Judge 6 always kept it on -- kept it on the front burner and kept 7 this thing going all this time, and -- and it's finally come 8 to fruition here, and I just wanted to say thank you, Judge, 9 for doing that and not giving up on it, and finally getting 10 her done. So, with that, I move for approval of the agenda 11 item. 12 COMMISSIONER LETZ: Second. 13 COMMISSIONER OEHLER: I'll second. 14 COMMISSIONER LETZ: Third. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? Do you 17 have any comments, Mr. Henneke? 18 MR. HENNEKE: No, sir. It's a generous gift, and 19 if the gift is made -- you know, restricted to using it as a 20 fire station, then that's very generous of that family, 21 and -- and we're grateful for the donation. 22 COMMISSIONER BALDWIN: True. 23 JUDGE TINLEY: Any other question or comment? All 24 in favor of the motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 12-28-10 43 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. I'll get 4 with the title company later on today and we'll get this 5 finalized before the end of the year. Item 11; to consider, 6 discuss, take appropriate action to apply for extensions on 7 matters concerning the Center Point/East Kerr County 8 wastewater project pending before the Texas Water Development 9 Board, and authorize County Judge to sign same. Commissioner 10 Letz? 11 (Commissioner Baldwin left the courtroom.) 12 COMMISSIONER LETZ: The County Attorney and myself 13 went to Water Development Board, along with our consulting 14 engineer, Al Groves, 10 days ago or so to kind of get a 15 status update on the -- the progress of the East Kerr County 16 sewer project. And you might recall, we have an extension 17 granted -- a six-month extension granted. That time period 18 is up at the end of February. Based on that meeting, it is 19 not likely that -- and probably not possible that we can meet 20 that deadline, and they have advised us that we need to 21 continue working as diligently as possible. There's been a 22 couple of snags; try to get those at least working in the 23 right direction, and then request an extension. The 24 extension would probably need to be filed prior to our first 25 meeting in -- or middle of January. So, the agenda item is 12-28-10 44 1 to authorize the County Judge to sign a letter requesting an 2 additional extension, and that will be done at such time that 3 we have a little bit more of the data compiled by our 4 engineers, and a little more work on my part. Now that Mr. 5 Overby will be working with me on this project, we'll be 6 working on that right after the first of the year, maybe even 7 before the first of the year. So, I'll move the agenda item 8 for approval. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion on that motion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion carries. Let's go to 17 Item 12; consider, discuss, take appropriate action on 18 participation in the Lubbock Regional Public Defender for 19 Capital Cases program. This had previously been on the 20 agenda. I put it on the agenda because there appeared to be 21 some confusion whether or not we were actually participating 22 in this. My -- my understanding, based upon the presentation 23 that was made earlier, was that we are automatically included 24 this first year at no cost. I don't recall that there was 25 any specific action taken by the Court. I could be wrong. 12-28-10 45 1 So, I thought I'd throw it back out on the table, and at a 2 minimum, just a confirmation that we desire to be included 3 the first year at no cost, if nothing else. 4 COMMISSIONER OEHLER: Most certainly. And then if 5 we decide to do it in the future, we'll know what the cost 6 is, and we can participate if we want, or we can pull out. 7 JUDGE TINLEY: Well, I think they actually had the 8 cost figured. I think the first year was, like, $12,000. 9 COMMISSIONER OEHLER: Right. 10 JUDGE TINLEY: And it went -- from there, it 11 stepped up to the fifth year, like 80-something. No. No. 12 MS. HARGIS: Forty-seven was the highest. 13 JUDGE TINLEY: Forty-nine, somewhere in there. 14 Okay. 15 COMMISSIONER OEHLER: I don't see how we cannot 16 afford to do this, because it only takes -- we never know 17 when that's going to happen. 18 JUDGE TINLEY: Well, particularly this first year. 19 COMMISSIONER OEHLER: Yeah. 20 JUDGE TINLEY: Just confirm that we are, in fact, 21 in there for the first year. 22 COMMISSIONER LETZ: I'll make a motion that we 23 authorize the County Judge to send a letter to the Lubbock 24 Regional Public Defender for Capital Cases program 25 acknowledging that we are participating in the program this 12-28-10 46 1 first year at no cost. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Excellent motion. I have a motion 4 and a second. Comment? 5 MR. HENNEKE: Does the authorization also include 6 that authorization to execute the interlocal agreement that 7 was circulated? I think -- I don't know what the status of 8 that was. 9 (Commissioner Baldwin returned to the courtroom.) 10 COMMISSIONER BALDWIN: Who won? 11 COMMISSIONER OEHLER: You did. You weren't here. 12 COMMISSIONER LETZ: The motion does include any 13 necessary paperwork to confirm our participation. 14 COMMISSIONER OEHLER: I'll agree with that. 15 JUDGE TINLEY: Okay. Does that solve your issue? 16 MR. HENNEKE: Yes, sir. 17 JUDGE TINLEY: Okay. Further question or 18 discussion? All in favor of that motion, signify by raising 19 your right hand. 20 (Commissioners Letz and Oehler voted in favor of the motion.) 21 22 JUDGE TINLEY: All opposed, same sign. 23 COMMISSIONER BALDWIN: I'm going to abstain, Judge. 24 I don't know what -- what you did. 25 JUDGE TINLEY: Okay. We'll go to Item 13; 12-28-10 47 1 consider, discuss, take appropriate action to approve 2 position changes and vacancies in jail and patrol. 3 SHERIFF HIERHOLZER: Okay. Back during the budget 4 year -- 5 COMMISSIONER BALDWIN: I came back at the wrong 6 time, didn't I? 7 COMMISSIONER LETZ: You might want to leave again. 8 COMMISSIONER OEHLER: I think I'm leaving now. 9 SHERIFF HIERHOLZER: We all had the discussion 10 about what openings, and that the Sheriff's Office would give 11 up -- Sheriff's Office and jail would give up two positions 12 plus a part-time position. That has been accomplished, okay? 13 One investigator position was eliminated. When I had an 14 opening there, we just did not fill it, chose not to. One 15 jail position was eliminated when I had an opening there and 16 we did not fill it. And then we had the part-time position 17 that we just gave up. Now, the issue I have now is with 18 Officer Hoyne taking over the J.P. 2 duties January 1, it 19 will leave me a patrol position. One thing I do not want to 20 do is give up any patrol positions. I don't think I can 21 afford to do that. So, I have two employees in the jail that 22 are qualified to be promoted up to patrol. We are in the 23 process of doing the interviews and physicals and all that to 24 get that accomplished, which I hope to have done within a few 25 days. That will leave me another -- that will take care of 12-28-10 48 1 the patrol position, but it will leave me another opening in 2 the jail. 3 And then I also have -- and I'm kind of sorry to 4 say that Ms. Mabel, who has been with us since 1993, and one 5 of my oldest employees in all aspects, has decided she will 6 not be returning after January 1; she's taking her 7 retirement. That will create two positions in the jail. And 8 then I also have one jailer who has decided to leave and go 9 through the academy on the 11th, and that will create three 10 positions in the jail, okay, with those. So, what I need to 11 do, because of the jail situation and where I am, I need to 12 fill all three of those positions. And what I'm doing is -- 13 the positions are already there. I just need -- I did 14 promise y'all I'd come back before I do it; we'd discuss it. 15 And I really need to fill those vacancies. 16 COMMISSIONER OEHLER: You need to do that to comply 17 with jail standards? 18 SHERIFF HIERHOLZER: Not necessarily just to 19 comply. I can comply with jail standards probably with two 20 of the three, to be honest. But once we get the fence built, 21 and because of the way everything else is, if I don't fill 22 all three of those positions, then my overtime is going to be 23 drastic, is what it's going to amount to. And I didn't 24 include that increase in overtime in the jail budget to be 25 able to cover that, just because of the people being off. 12-28-10 49 1 I've got the number of bodies to comply, but the scheduling 2 and people being off and trying to use up overtime and do 3 that, I won't be able to comply without using a drastic 4 amount of overtime and everything. 5 JUDGE TINLEY: Remind me again what -- what you've 6 done via attrition. 7 SHERIFF HIERHOLZER: I've given up one investigator 8 position and one jail position, and then the part-time 9 position. 10 JUDGE TINLEY: So, you've given up two and a half 11 to this point already. 12 SHERIFF HIERHOLZER: To this point already. 13 JUDGE TINLEY: In the first quarter. 14 SHERIFF HIERHOLZER: Yes. 15 JUDGE TINLEY: Okay. And your request today is, at 16 least right now, not to lose any more to attrition, but to 17 cover those that -- as they become vacant, just to fill them, 18 the patrol and the three jail? 19 SHERIFF HIERHOLZER: Right. The patrol will be 20 filled from the inside through promotion up, or transfer from 21 jail to patrol. 22 JUDGE TINLEY: Okay. 23 SHERIFF HIERHOLZER: But with what I have coming, 24 with that -- doing that, and then by the 11th of January, 25 with the other two resignations, or retirement and 12-28-10 50 1 resignation I have, it will give me three openings in the 2 jail between now and the 11th of January which I need to 3 fill. 4 COMMISSIONER LETZ: So -- 5 JUDGE TINLEY: Question. 6 COMMISSIONER LETZ: Go ahead. 7 JUDGE TINLEY: Sorry. If we fill two -- only two 8 of the three jail positions, will your costs to cover with 9 overtime, the comp time and the scheduling and all that, will 10 the end result be that -- that that will be more costly than 11 if we filled the third position? 12 SHERIFF HIERHOLZER: I think it probably -- I think 13 it probably will be. You know, jailer salaries are okay, but 14 they're not that great, and by the time you start paying time 15 and a half on the overtime, I think it's going to use up more 16 than what the remainder of the year would use in that salary, 17 okay? 18 COMMISSIONER OEHLER: The people that you're moving 19 up to fill the positions that are vacated, are you going to 20 be able to rehire at a lesser level? 21 SHERIFF HIERHOLZER: Of course, moving one off of 22 patrol, filling that with a jailer, okay, all my positions 23 that we will be filling will be jailer positions. 24 COMMISSIONER OEHLER: Right. What I'm saying is 25 that on the pay scale, are they going to come in at entry 12-28-10 51 1 level, or are they going to be at the level of the ones that 2 are leaving, being moved to different position? 3 SHERIFF HIERHOLZER: They will come in at -- 4 because they are all beginning jail positions, they will come 5 in at entry level in the jail. 6 JUDGE TINLEY: What about the patrol position? 7 SHERIFF HIERHOLZER: Depends on his qualifications. 8 Well, if it's one of the two we're hiring, it will be entry 9 level in patrol, where we are at the top level in patrol now. 10 So, there will still be a -- less budget impact. 11 COMMISSIONER OEHLER: That's what I'm tying to get 12 to. 13 JUDGE TINLEY: I knew where you were going. 14 SHERIFF HIERHOLZER: There will be, because the 15 patrol position that is leaving, okay, Officer Hoyne is a 16 master peace officer with the experience. 17 COMMISSIONER OEHLER: Right. 18 SHERIFF HIERHOLZER: He's at the top level. The 19 patrol that will be taking his place will be an entry level 20 patrolman, if it's one of the two from inside the jail moving 21 up, which I expect it to be. 22 COMMISSIONER OEHLER: You actually should net out 23 some additional funds that will not be expended because of 24 doing what you're suggesting. 25 SHERIFF HIERHOLZER: In the Sheriff's Office side, 12-28-10 52 1 yes, definitely. In the jail side, the -- the top position 2 I'm losing there, Ms. Mabel, who is my Assistant Jail 3 Administrator, but because of her years, she's up higher in 4 that step and grade than a new assistant jail administrator 5 will come in at, because I will promote up to fill hers, so 6 there will still be a savings again in that position. And 7 then the other two positions would be entry-level jailers, 8 not having experience, because I'll be hiring the jailers. 9 So that this would fill those, so you'd save there, too. 10 COMMISSIONER LETZ: What's Ms. Mabel's position? 11 SHERIFF HIERHOLZER: Assistant Jail Administrator. 12 JUDGE TINLEY: So, what you're seeking today is the 13 Court's approval of, one, filling a patrol position which is 14 being vacated with an entry-level patrol employee, and 15 filling three jail -- two jailer positions and one assistant 16 jail administrator position, all at entry level. 17 SHERIFF HIERHOLZER: Let me figure out what you 18 just said there, Judge. (Laughter.) What I -- 19 COMMISSIONER OEHLER: Just remember "entry level." 20 That is the key word. 21 SHERIFF HIERHOLZER: What I am seeking today is not 22 approval, because the positions are budgeted, as we all know. 23 But it is -- we did say we'd come back and discuss things, 24 and that's what I am doing, instead of just doing it. But, 25 yes, what you said in essence, other than that, is exactly 12-28-10 53 1 right. The three new hires from outside the department, 2 okay, will start at entry-level jail position. Unless -- the 3 only -- the only change could be if I had somebody that was 4 already TCLEOSE certified as an advanced jailer, which I 5 don't have. I've got some applicants -- or a master jailer, 6 okay, that's already got that certification. Because with 7 that type of certification, they could start a step or two 8 above entry. I do not anticipate that. I anticipate that 9 these are going to be filled with entry-level jailer 10 positions. 11 JUDGE TINLEY: If you had -- if you had someone 12 that had the qualifications above entry level, I believe 13 under existing policy, in order to start a new hire at 14 something other than entry level, you'd necessarily have to 15 come to the Court and say, "I want to start them not at entry 16 level, but here, because of A, B, C, and D." 17 SHERIFF HIERHOLZER: I don't -- I don't believe 18 that that was the agreement that was worked way back when 19 the -- when the basic inter -- well, intermediate, advanced, 20 and master peace officer, or even intermediate, advanced, and 21 master jailer certifications were taking effect. I believe 22 it was just stated that they would start at those. But I 23 have no problem, okay, coming and letting you know that. I 24 do not anticipate that at this time. 25 COMMISSIONER LETZ: Would you be willing to defer 12-28-10 54 1 one of those positions, see how it goes for a month or so? 2 SHERIFF HIERHOLZER: With our -- my only problem 3 with doing that, Jonathan, I just -- I've got -- well, I'd be 4 willing to defer one and come back with y'all, whatever your 5 next court meeting is around the 15th of January, because I 6 won't have the one opening until the 11th. I can't hire that 7 third position until -- and I would always -- by the time 8 actually that third position would be filled, the soonest I 9 could fill it would be the 1st of February, because of the 10 way we do our backgrounds and psychological and drug screens 11 and everything. So, even if I got the third application in, 12 I couldn't fill that position before the 1st of January -- I 13 mean 1st of February, which is what I would like. The other 14 two positions that I will have coming up, the soonest that I 15 could -- just out of logistics, the very soonest, and that 16 would be stretching it, would be the 15th of January, if not 17 the 1st of February, because I still have to schedule the 18 psychological, drug screen, and physical fitness test on even 19 those applicants, and doing background. So, all three of 20 these positions very likely wouldn't get filled until the 1st 21 of February. 22 COMMISSIONER LETZ: Is he a politician? I don't 23 think that was the question I asked. 24 SHERIFF HIERHOLZER: That's the best I can do. I 25 just -- I've given up two and a half. I'm not sure I can -- 12-28-10 55 1 especially coming out of the jail and that, I can give up any 2 more, okay? I gave -- and one of the positions we gave up 3 was an investigator position, which was definitely a higher 4 paid -- an investigator that had -- 10 years experience? 5 DEPUTY BARTON: At least. 6 SHERIFF HIERHOLZER: So he was up a lot higher, 7 that we gave up that position totally. So, that was over -- 8 COMMISSIONER OEHLER: I know that we can't afford 9 not to have people taking their comp time and their vacation 10 time. That is one thing that we got to -- that has been 11 talked about quite a bit, and I know that that is more 12 expensive than hiring this other person. But I -- if he can 13 get along without that person for a while, that would just be 14 wonderful. 15 SHERIFF HIERHOLZER: We have worked extremely hard 16 and diligently, the heads of those departments have, over the 17 last several years, as you recall, trying to get all that 18 overtime and comp time and holiday time all burnt off, okay? 19 This will cost a whole lot more at time and a half overtime 20 than -- than finishing out that position. 21 JUDGE TINLEY: That's my concern. And once you 22 start getting schedules set, it may be tougher to change 23 those schedules and rearrange them. 24 SHERIFF HIERHOLZER: And the other thing that I 25 would like to be able to do, as y'all know, is once the fence 12-28-10 56 1 is constructed around the facility, the fence that has 2 already been approved and we're waiting to get their 3 construction dates, and I've even talked with Len and 4 everything else about using some of that dirt from Schreiner 5 College, I think, or wherever they get some of the dirt, that 6 we do intend to -- and my intention is by spring, putting in 7 a garden in the back. With that, I'm going to have to have 8 some of my manpower at times be out there in that outside 9 area with the inmates, which does take people off the floor, 10 so I need that extra to be able to get that in there. And 11 that's not -- 12 COMMISSIONER OEHLER: Use volunteer deputies for 13 that. 14 SHERIFF HIERHOLZER: You're not going to get 15 volunteer deputies to do that, okay? But that's all part of 16 this -- 17 JUDGE TINLEY: Good try. 18 COMMISSIONER OEHLER: It was a thought, anyway. 19 JUDGE TINLEY: Good try. 20 COMMISSIONER LETZ: I don't know that we need 21 approval here, because it's just -- I mean, we can give a 22 concurrence. 23 COMMISSIONER BALDWIN: I agree with that. 24 COMMISSIONER LETZ: That we don't need any action 25 at all? Yeah. Appreciate you coming. 12-28-10 57 1 SHERIFF HIERHOLZER: Okay. 2 COMMISSIONER OEHLER: He's on the record for what 3 he said he's going to do. 4 JUDGE TINLEY: Yeah. Thank you, Sheriff. 5 SHERIFF HIERHOLZER: You're welcome. 6 JUDGE TINLEY: Let's go to Item 14; consider, 7 discuss, take appropriate action to authorize County Judge to 8 execute contract with Anderson Steadham Construction for 9 renovation project at the Kerr County Sheriff's Annex 10 building. 11 MR. HENNEKE: I'll defer to the Sheriff, Judge. 12 JUDGE TINLEY: Okay. 13 SHERIFF HIERHOLZER: This was, if you recall, a 14 while back when y'all were building that building, and the 15 completion of the unexpanded area, half of it for a use in 16 adding the -- I believe there was even a conditional letter 17 or something the Judge had written on the air conditioning 18 and heat for that end of it that was going to be done. Peter 19 Lewis finished out those drawings. He went to several 20 different contractors around town; he got different prices 21 from them. We met. He came up with the best that he felt 22 could be done. I agreed with the contract. I don't have a 23 problem with it. I thought it looked well. It's going to 24 accomplish what we wanted. This Court, a number of months 25 ago, even prior to that, had approved 40,000 for that 12-28-10 58 1 completion. That was already budgeted as part of the -- the 2 capital improvements. It's done, and all we're doing is 3 asking for the approval on the contract. 4 COMMISSIONER LETZ: Was this the weight room that I 5 voted against? 6 SHERIFF HIERHOLZER: You voted against my officers 7 using it on duty. The 40,000 was approved by this Court, and 8 you voted against having officers on duty in there. And I 9 said once everything was done, I'd come back; we'd all work 10 on a policy, whether it would be on duty or off duty. 11 COMMISSIONER LETZ: Again, he -- well, he answered 12 it, sort of. 13 SHERIFF HIERHOLZER: I did answer it. I don't 14 recall you voting against the 40,000. That's what I'm 15 saying. I thought that was -- 16 COMMISSIONER OEHLER: What was the use of it? 17 COMMISSIONER LETZ: The use of it I voted against, 18 okay. 19 COMMISSIONER OEHLER: So, what's it going to be 20 used for? 21 SHERIFF HIERHOLZER: For completion of that half of 22 that room. 23 COMMISSIONER OEHLER: What's going to be in there? 24 COMMISSIONER LETZ: Weight room. 25 SHERIFF HIERHOLZER: Going to be a fitness room, 12-28-10 59 1 and a tactical training. I already have the pads for it, 2 for -- 3 COMMISSIONER OEHLER: Tactical training. 4 COMMISSIONER LETZ: Karate stuff? 5 SHERIFF HIERHOLZER: No. Like, such as we have 6 another jail school coming up in February that we will run 7 that we certify jailers, and part of that is take-downs, 8 tactical handcuffing, all that that you have to do in an 9 area, and we do have the pads and everything to go in that 10 room, the padding for -- 11 COMMISSIONER OEHLER: Will there be a charge for 12 that that will start to pay back the 39,000? 13 SHERIFF HIERHOLZER: The benefit that Kerr County 14 has from that is normally running that school, sending 15 somebody through that school is -- I forget now -- several 16 hundred dollars. If we put on the school here, the employees 17 I have that go through that school do not pay tuition at all. 18 We provide the instructors in exchange for that. The other 19 counties that send students through that school, such as 20 Bandera, Gillespie, Kendall, Junction, they pay AACOG. It's 21 in conjunction with AACOG. 22 COMMISSIONER LETZ: The renovations, are they such 23 that they're beyond the -- our Maintenance Department's 24 ability to do them? 25 SHERIFF HIERHOLZER: Yes, running electrical. The 12-28-10 60 1 air conditioning, the H -- the air conditioning and heating 2 and the electrical are the main part of the renovation. 3 COMMISSIONER BALDWIN: Isn't there a part of that 4 slab incomplete as well? 5 SHERIFF HIERHOLZER: There is part of that 6 incomplete. But all this is doing is -- is doing a very 7 small entry portion of that, right when you walk in the door, 8 so that it doesn't have -- it's leaving the rest incomplete, 9 so that the other half of that room that the Judge wanted to 10 keep either for storage currently, for whatever the County -- 11 or moving office space in later can be done. This does not 12 include water or toilets or anything like that. 13 COMMISSIONER LETZ: And this is a -- a temporary 14 use, "temporary" being -- 15 SHERIFF HIERHOLZER: The agreement was that if the 16 County got to the point, as the Judge -- that the facility or 17 that area would have to be used for something else, that's 18 correct. And this does not interfere with any of that type 19 of use. It doesn't have, you know, interior walls going up 20 or anything like that that would have to be torn out for that 21 use. Just have to -- 22 COMMISSIONER BALDWIN: Did you say you approved the 23 contract? 24 MR. HENNEKE: Yes, sir. 25 COMMISSIONER BALDWIN: I move for approval. 12-28-10 61 1 COMMISSIONER LETZ: Go ahead; I'll vote for it. 2 COMMISSIONER OEHLER: I'm going to second it, 3 reluctantly. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item. Question or discussion -- 6 further question or discussion? All in favor of the motion, 7 signify by raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion carries. Next item, 15; 12 consider, discuss, take appropriate action on forfeiture 13 report for Constable, Precinct 4. This is in compliance with 14 a technical requirement. There were no forfeitures and no 15 expenditures, but the certification on it says that the 16 Commissioners Court has conducted the audit required by 17 Article 59.067 of the Code of Criminal Procedure, so as a 18 result, it was placed on the Court's agenda. 19 COMMISSIONER OEHLER: I move that we accept the 20 forfeiture report. 21 COMMISSIONER LETZ: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval. Question or discussion? All in favor of the 24 motion, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 12-28-10 62 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 16; consider, discuss, and take appropriate action to 5 approve contract with Kerr County Soil and Water Conservation 6 District, and allow the County Judge to sign the same. I put 7 this on the agenda after having the contract submitted. 8 COMMISSIONER LETZ: Move approval. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. The motion 15 does carry. Let's go to Section 4 of the agenda, payment of 16 the bills. 17 COMMISSIONER LETZ: Judge, I move we pay the bills. 18 COMMISSIONER BALDWIN: I'll second that emotion. 19 JUDGE TINLEY: Motion made and seconded to pay the 20 bills. Question or discussion? All in favor of the motion, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. Do we have 12-28-10 63 1 any budget amendments? 2 MS. HARGIS: No, sir. 3 JUDGE TINLEY: Any late bills? 4 MS. HARGIS: No, sir. 5 JUDGE TINLEY: I've been presented with monthly 6 reports from Justice of the Peace, Precinct 1; Constable, 7 Precinct 4; Justice of the Peace, Precinct 2; District Clerk; 8 Road and Bridge Department; Kerr County Payroll for November 9 2010; and Kerr County Treasurer for November 2010. Do I hear 10 a motion that these reports be approved as presented? 11 COMMISSIONER LETZ: So moved. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded that the 14 designated reports be approved as presented. Question or 15 discussion? All in favor of the motion, signify by raising 16 your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion does carry. Reports from 21 Commissioners in connection with their liaison or committee 22 assignments. Commissioner Oehler? 23 COMMISSIONER OEHLER: Outdoor arena, I believe, is 24 complete. Tim told me the other day he felt like that -- I 25 don't -- I haven't talked to him this morning, but he felt 12-28-10 64 1 like that the electrical work that was to be done should have 2 been completed last Thursday. And there's actually a little 3 work going on in the outdoor arena. There were a couple low 4 spots, and now that's been fixed. Guess that's about all for 5 now. 6 COMMISSIONER BALDWIN: No, I don't have anything to 7 say today. 8 JUDGE TINLEY: Awful quiet today. 9 COMMISSIONER BALDWIN: Yeah. Just kind of hungry. 10 JUDGE TINLEY: Okay. Commissioner Letz? 11 COMMISSIONER OEHLER: It's only 10:20. 12 COMMISSIONER BALDWIN: You're kidding. 13 COMMISSIONER LETZ: Nothing. 14 JUDGE TINLEY: Okay. Reports from elected 15 officials or department heads? The Sheriff's going to give 16 us a count. 17 SHERIFF HIERHOLZER: Yep, I'm going to give a 18 count. But first off, I think most of y'all probably know, 19 we lost -- one of my employee's spouses passed away. Went to 20 the funeral yesterday, and not only is that a fabulous 21 employee, but I think her spouse, Mr. Ray Krauss, is a 22 fabulous community service person in this town too. He 23 helped law enforcement drastically over the years with his 24 wrecker business and doing things before he got out of it, 25 and he's just going to be truly missed by a lot. And I think 12-28-10 65 1 he -- 2 COMMISSIONER OEHLER: Ray passed away? 3 SHERIFF HIERHOLZER: He probably gave away more 4 wrecker tows and helping needy people or people down on their 5 luck and hard times than he ever charged for, but he's going 6 to be sorely missed, and I wanted to bring that up. 7 Secondly, jail. We're -- I hope that today is a -- this 8 morning's population is an idea of what we're going to have 9 for the rest of even next year. The total population in the 10 jail as of this morning was 130. 11 COMMISSIONER BALDWIN: Whoa. 12 SHERIFF HIERHOLZER: 119 males and only 11 females. 13 COMMISSIONER OEHLER: Wow. 14 COMMISSIONER BALDWIN: Any other counties? 15 SHERIFF HIERHOLZER: We have a little bit of -- 16 COMMISSIONER OEHLER: Where's your females? 17 SHERIFF HIERHOLZER: The breakdown -- I don't know. 18 Maybe the County Attorney and them decided to let them go 19 home for the holidays. But, no, it's been great. But to let 20 you know, instead of giving you what the courts have pending, 21 I thought I'd give you a little bit different angle on that. 22 We currently -- included in that 130 are 20 waiting to go to 23 T.D.C., that have been sentenced that we're still trying to 24 get in and wait for paperwork. And, of course, T.D.C. waits 25 until the last minute before they let you have them. 12-28-10 66 1 JUDGE TINLEY: Which is up to 45 days, I think? 2 SHERIFF HIERHOLZER: 45 days. 3 JUDGE TINLEY: On our nickel. 4 SHERIFF HIERHOLZER: On our nickel. 5 COMMISSIONER OEHLER: How many days do you have 6 left on the 45? 7 SHERIFF HIERHOLZER: Some of them, not very many. 8 We have 20 other ones that are -- 9 MS. BOLIN: You're tapping your foot; you're 10 driving us crazy. 11 SHERIFF HIERHOLZER: We have 20 other ones that are 12 serving county time, okay, that do have release dates coming 13 up over the next few months. We have two that are waiting to 14 get into Vernon State Hospital, and we have four from other 15 counties that we're housing and being paid for, and then I 16 have seven for I.N.S. holds. So that's where our 17 population -- 18 COMMISSIONER OEHLER: I.N.S.? Do we get a little 19 -- I didn't think -- 20 SHERIFF HIERHOLZER: We get what is called SCAAP, 21 the alien housing deal each year, and I think this year it 22 was close to 11,000 or 12,000 for their portion, came out. 23 So, we do get reimbursed some for that. 24 COMMISSIONER OEHLER: Okay. 25 JUDGE TINLEY: Not a per-head, per-day -- 12-28-10 67 1 SHERIFF HIERHOLZER: No, it is not. 2 JUDGE TINLEY: -- thing. Anything else? 3 SHERIFF HIERHOLZER: That's it. 4 JUDGE TINLEY: Thank you sir. Other elected 5 officials? Department heads? Kibitzers? 6 MS. BOLIN: We've got 29.14 percent collected in 7 taxes so far, and our statements went out three weeks later 8 than last year because of our budget, so that's doing pretty 9 good. 10 COMMISSIONER LETZ: And Friday should be a big day? 11 MS. BOLIN: Friday should be a big day. I've 12 got -- 13 JUDGE TINLEY: You indicated that last year when 14 you remained open on the 31st, there was over a million 15 dollars collected? 16 MS. BOLIN: I don't think we're going to do that 17 this year, because all the mortgage companies actually have 18 sent in the majority of their bills, if I can get their files 19 straight to plug them in. 20 JUDGE TINLEY: Okay. Anybody else have anything? 21 Anybody on the Court have anything else to come before us at 22 this time? 23 COMMISSIONER LETZ: We're meeting on Saturday 24 morning? 25 JUDGE TINLEY: Saturday morning at 10 o'clock. 12-28-10 68 1 There will be an agenda posted. First we'll have the 2 swearing-ins, the approval of bonds. What other festivities 3 have you got in mind, Commissioner Baldwin? 4 COMMISSIONER BALDWIN: Well, we've got those folks 5 coming in from the Second Baptist Church of Houston. 6 JUDGE TINLEY: I see. 7 COMMISSIONER BALDWIN: To do a little thing. But 8 other than that, that's about it. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER OEHLER: The Second Baptist Church in 11 Houston? 12 COMMISSIONER BALDWIN: Yeah. I can't tell you in 13 mixed crowd; I'll have to tell you by yourself. 14 COMMISSIONER OEHLER: Okay. 15 JUDGE TINLEY: Anything else? We're adjourned for 16 2010. 17 (Commissioners Court adjourned at 10:24 a.m.) 18 - - - - - - - - - - 19 20 21 22 23 24 25 12-28-10 69 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 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 30th day of December, 8 2010. 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 12-28-10