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KERR COUNTY COMMISSIONERS COURT
Regular Session
Monday, March 8, 2004
9:00 a.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
PRESENT: PAT TINLEY, Kerr County Judge
H.A. "BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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I N D E X
March 8, 2004
--- Visitors' Comments
--- Commissioners' Comments
1.1 Alternate plat for Wolf Creek Ranch, Pct. 1
1.2 Preliminary Plat of Hermosa Subdivision, Pct. 4
1.3 Preliminary Plat of Big Sky Ranch, Pct. 4
1.4 Authorize Texas Arts and Craft Foundation to use
electricity, pay for the electric costs associated
with outside rodeo arena meter at HCYEC
1.5 Request County Attorney to provide Commissioners
Court with opinion as to permitted organization of
Kerr County Unit Road System
1.6 PUBLIC HEARING to authorize freezing of ad valorem
property tax values for elderly/disabled
1.7 Discuss professional service proposals received
for TCDP projects, consider resolution designating
professional service providers for TCDP Projects
1.8 Discuss Burn Ban Status
1.9 Discuss whether County Attorney or Commissioners
Court has authority over the pending health
insurance claim as a civil matter
1.10 Discuss whether County Attorney represents the
Commissioners and County Judge in civil & criminal
matters related to health insurance claim
l.ll Revisions to job description for Coordinator of
Administrative Services for the County Judge and
Commissioners' Court
1.12 Advertisement/solicitation for applicants for the
position of Commissioners Court Coordinator/
Administrative Assistant
1.13 Resolution requesting TexDOT to declare portions
of old SH-39 as surplus, remove them from the
state highway system
1.14 Proclamation for National Day of Prayer
4.1 Pay Bills
4.2 Budget Amendments
4.3 Late Bills
4.4 Read and Approve Minutes
4.5 Approve and Accept Monthly Reports
5.1 Reports from Commissioners/Liaison Assignments
--- Adjourned
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On Monday, March 8, 2004, at 9:00 a.m., a regular meeting
of the Kerr County Commissioners Court was held in the
Commissioners' Courtroom, Kerr County Courthouse, Kerrville,
Texas, and the following proceedings were had in open court:
P R O C E E D I N G S
JUDGE TINLEY: Good morning, ladies and
gentlemen. Let me call to order the regular Commissioners
Court meeting scheduled for this date at 9 a.m. It's a
minute or so past that now. Commissioner Baldwin? You may
open.
COMMISSIONER BALDWIN: Yes, sir. Thank you.
Stand and have a word of prayer with me, please, and then
we'll do the pledge of allegiance.
(Prayer and pledge of allegiance.)
JUDGE TINLEY: Got locked down there, did
you?
COMMISSIONER BALDWIN: Well, it happens to
JUDGE TINLEY: Yes, sir. At this point in
the meeting, any citizen who desires to express themselves
on a matter which is not listed on the agenda is privileged
to come forward and to tell us what's on their mind.
Anybody that -- that is here today that wants to talk to
us -- talk at us, actually. We can't respond because it's
not an agenda item, but anybody who has anything to say to
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us about an item that is not on the agenda, feel free to
come forward at this time, give your name and address to the
reporter, and tell us what's on your mind.
MS. MANN: I don't know if mine's on the
agenda.
JUDGE TINLEY: Come on forward and identify
yourself, if would you, please, ma'am.
MS. MANN: My name is Debbie Mann, and I
don't know if mine's on the agenda or not.
JUDGE TINLEY: What is your area of interest,
ma'am?
MS. MANN: The road -- the new road name,
Floyd Road.
COMMISSIONER LETZ: It's not on the agenda.
Now's the appropriate time.
COMMISSIONER NICHOLSON: Ms. Mann, I did get
your message, and if that issue comes up, I'll be in touch
with you.
MS. MANN: Okay. Are you Mr. Nicholson? My
husband, Michael, talked to you last night.
COMMISSIONER NICHOLSON: Yeah.
JUDGE TINLEY: Anything you want to say?
MS. MANN: Yes. Okay, I have everything I
want to say written down so -- I'm not a strong speaker, and
I just want to -- I feel passionate about this issue, so I
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want you to bear with me. We are here --
COMMISSIONER WILLIAMS: The P.A. system's not
on.
(Discussion off the record.)
COMMISSIONER WILLIAMS: Now it's on.
MS. MANN: Okay. We are here because we
disagree with our new road being named Floyd Road. The
three landowners involved are Donnie Vanhoozer, Doris
Herring, and my husband Michael and I. My name is Debbie
Mann. I'm the daughter of Johnny Vanhoozer. I've lived on
Vanhoozer Ranch since I was 10, and in the past 23 years,
there have only been a few years that I have not lived on
Vanhoozer Ranch. Michael and I are now building a house on
our property, which the soon-to-be-named road runs to. I
called my aunt, Doris Herring -- excuse me -- to talk to her
about naming the road, since we were building, so we could
get an address for our mailbox and 9-1-1 purposes. She
agreed the road should be named, because she wouldn't want
her address to be Shalako Drive either. Michael and I came
up with a very long list of names, and each one I asked her
about, she replied, "I don't care for that one." The two
she was pretty set on were -- were Stone Mountain and Rocky
Hill, which were two that she had come up with. These names
had nothing to do with our original conversation of naming
it after my grandpa and my dad.
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I have thought for months, since October of
2003, about names, and we wrote all kinds of names down.
Michael took our list to the 9-1-1 office, where Ellen
helped us and told us which ones we could and could not use.
The first one we tried was Vanhoozer Hollow, which we later
found out we couldn't use. So, after thinking a long time
and knowing that I wanted my Grandpa Vanhoozer and my dad,
Johnny Vanhoozer, to be a part of the name because the
property came from both of them to all of us, my grandpa and
my dad have always been called "Grandpa," and it's my
understanding that John Herring's grandchildren call him
"Grandpa" as well. Two of the landowners agreed that they
liked the name "Grandpa's Hollow." We decided Grandpa's
Hollow was the best name it could be. Again, Michael took
the name t~ the 9-1-1 office and submitted it, because Ellen
at the 9-1-1 office told him that as long as two of the
landowners agreed, we could use that name. This was a
simple majority-rules issue. Michael and my dad and I agree
that we like the name, but Doris said it sounded too
country.
There are two more points I would like to
make. The property was -- we are talking about with the
road running through it was originally given to my father,
Johnny, from my mother -- from his mother and father during
a very difficult time in his life. I believe he was taken
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advantage of and taken -- and talked into trading this
property to Doris for property in another part of the ranch.
I feel John and Doris knew they were getting the best deal,
because this property line is on a road -- a county road
which makes it much easier to be subdivided. The land
Johnny traded for is in the middle of the ranch and has
limited access. And, finally, I would like to point out
that Doris has named three other roads on the ranch, and
none of them have anything to do with my grandparents. But
now that we would like to have a say in the name of the
road, that we are the only ones going to be living on it and
we are the only ones having to write the name -- write the
address every day, Doris believes that she should be the
only one to name it. We don't believe this is right. We
are in agreement with one other landowner, and we would like
the road to be named "Grandpa's Hollow." Thank you for
hearing me.
JUDGE TINLEY: Thank you, Ms. Mann.
COMMISSIONER LETZ: Thank you.
JUDGE TINLEY: Is there anyone else that
wishes to be heard? Yes, sir? If you'll come forward, give
your name and address.
MR. POPE: Yes. My name is Scott Pope; I
live at 415 Jackson. I thank you guys for giving me the
opportunity to speak today. The topic I'd like to talk
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about is citizen participation in government, and from my
perspective, it's very difficult for the citizens of Kerr
County to make informed decisions at the voting booth
because of a lack of information. If one reads the San
Antonio newspaper and one reads the Daily Times, quite often
the stories are not the same. In order to be -- to
participate in government, we need to be informed about the
issues. And I know that Kerr County has a web site,
kerrcounty.org. It's a good web site, but it's not updated.
We have a -- a link for minutes of the Commissioners Court,
which is never -- never updated. The file doesn't exist.
There are no links giving any background on Commissioners.
There's no information about agendas. There's no
information regarding the times of the meetings. And what
I've found is that sitting down with a Commissioner is very
informative, but the message is not getting out to the
citizens, and so it's very, very difficult to participate in
government, because we just don't have the information.
It's difficult to take off work and go to the -- go to the
meetings, especially in a time when controversy is swirling.
We don't know what to do when we go to the voting booth.
The information's just not there. And I know we have an
office of Information Technology in Kerr County. We've got
such a	great web	site, and uploading	information	is such a
simple	and easy	endeavor that I would	-- I would	like to
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request that we pay a little more attention to the web site
in order to get the citizens of Kerr County involved in
government. That's all I have to say. I want to thank you
guys for doing a great job. Appreciate it.
JUDGE TINLEY: Thank you, Mr. Pope. We
appreciate your being here with us this morning. Would
anyone else like to speak? Yes, sir? Come forward, please.
Give your name and address to the reporter.
MR. ELLER: Morning, Judge, Commissioners.
My name's Charlie Eller. I live in Greenwood Forest, Kerr
County. I don't believe that I'm in conflict with Item 1.9
and 1.10; I'm not going to talk on that side of the issue at
all. Over the past year, there's been a great deal of
controversy over the action of a previous Commissioners
Court, and a lot of debate on the reason for those actions
and whether they were proper. Some of the members of the
current Court believe those actions were wrong, while others
believe they are so correct they would do it again today.
My concern is not whether those actions were proper or good
or well-meant. My concern increasingly is whether or not
they're legal or illegal. I offer an opinion of the
Attorney General of the State of Texas regarding an almost
identical action by another Commissioners Court, two
articles from the Constitution of the State of Texas, and I
would like to add my opinion as a resident/taxpayer of Kerr
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County.
Opinion H-51, the Attorney General of the
State of Texas says, in part: "The Commissioners Court is a
court of limited jurisdiction and has only such powers as
are conferred on it by the Constitution and the statutes of
the state." Section 52 of Article 3 of the Texas
Constitution provides in part: "Except as otherwise
provided by this section, the Legislature shall have no
power to authorize any county... to lend its credit or to
grant public money or thing of value in aid of, or to any
individual, association, or corporation whatsoever, or to
become a stockholder in such corporation, association, or
company." Section 53 of Article 3 of the Texas Constitution
provides in part: "The Legislature shall have no power to
grant or to authorize any county to grant any extra
compensation, fee, or allowance to a public officer, agent,
servant, or contractor."
I believe -- this is my opinion. These --
this is the law; this is my opinion. I believe Opinion H-51
clearly indicates it's unlawful for the Kerr County
Commissioners Court to make -- to pay medical benefits over
and above the amount of self-insurance and stop loss medical
insurance coverage in the contract provided by the County.
I believe Opinion H-51 clearly states it's unlawful for the
Commissioners Court to grant a thing of value to any
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individual, association, or corporation whatsoever. I
further believe the use of a public building is a thing of
value, as is the payment of utility bills, provision of
janitorial and other services. I believe that a reduced or
waived rent or fee to any individual, association, or
corporation is a thing of value, and is therefore an
unlawful act. I believe that Opinion H-51 applies to any
and all individuals and associations, including tax-exempt,
nonprofit, and charitable associations, organizations,
congregations, groups and so forth, and that any grants,
gifts, donation, free use, or other things of value are
unlawful. I believe the Commissioners Court has
acknowledged that these things are things of value when it
charges some groups or individuals and not others, and when
they offer reduced charges to some and not to others. I
further believe that any charge less than the cost of
providing that facility is a thing of value, and is
prohibited under the opinion of the Constitution of the
State of Texas. Thank you.
JUDGE TINLEY: Thank you, sir. We appreciate
you being with us today. Is there anyone else who wishes to
come before the Court to talk to us or speak on any matter
that is not a listed agenda item for today's business?
Anyone else? Yes, sir?
AUDIENCE: I just need to get this to Thea.
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(Discussion off the record.)
JUDGE TINLEY: Is there anyone else who
wishes to be heard? Seeing no indication of that, we'll
move on to the next portion of the agenda. Commissioner 1?
COMMISSIONER BALDWIN: Yes, sir. I just want
to report that I have a red nose, and it doesn't mean that I
started drinking again, but it's track season. I went to
two track meets on Saturday, one university in San Antonio
and one Antler relays in Kerrville. And what I really
wanted to say, I don't know if it's the brand-new eight-lane
track that the Antler Stadium has, or if it's the new track
coaches or what it is, but that is one of the best track
meets I have seen in Kerrville in 15 years, maybe. There
was some very large 5A schools that were -- Seguin is known
for track all over the state, Smithson Valley, McNeil around
Austin is just, you know, state powers year after year --
were all here, and it was a fantastic track meet. So, saw a
couple of meet records broken, and it's just -- it was
really neat, and it's a good thing. It's a good thing for
our local youth to be doing on a -- on a good weekend.
That's all.
JUDGE TINLEY: Last week, there was a
delegation locally that went to Washington, D.C. for the --
in connection with the Veterans Administration facility and
the proposed action that -- that the federal government is
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suggesting they might take with regard to that facility. I
was unable to go because of a previous commitment and a
probate judge's conference; however, I did prevail on
Commissioner Williams to go as a representative of county
government, and he's been kind enough to give us a report
this morning. Commissioner Williams?
COMMISSIONER WILLIAMS: TYiank you, Judge.
The day began about 5:15 at General Schellhase's front
porch, where we kind of gathered -- and, Walter, I see
you're here, and anything I omit, I'd be pleased if you
would fill in the gaps. Or, in the alternative, you can
start and I'll fill in the gaps; I don't care.
MR. SCHELLHASE: Go ahead.
COMMISSIONER WILLIAMS: Nonetheless, General
Schellhase had put together a group of Kerr County folks and
Hill Country folks for the purpose of going to Washington,
D.C. and lobbying with our Congressman, soon to be elected
and take over this district, Bonilla, and Senator Cornyn and
Senator Kay Bailey Hutchison, and the V.A. in particular.
The purpose was to try to make certain that our elected
representatives and the V.A. people in particular understood
the reason and the need not to take the 20 acute care beds
and the five ICU beds out of this facility, closing them
down and moving that -- that level of service to Audie
Murphy in San Antonio.
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So, we gathered together, and in our group
was General Schellhase, who's the president of the Hill
Country Veterans Council; State Representative Harvey
Hilderbran; Mr. Joe Strange of the Veterans of Foreign Wars;
Mr. Bob Weinberg, who is a former prisoner of war in World
War II; Mr. Alan Hill, president of the V.B.A.; yours truly
representing Kerr County Commissioners Court; Mayor Stephen
Fine, the City of Kerrville; Ron Patterson, the City
Manager, City of Kerrville; Brian Bondy, president of the
Kerrville Area Chamber of Commerce; and Bob Waller, who is
the president of the Kerr Economic Development Foundation.
A pretty representative group of folk from all walks of life
and interests, all of whom want to make certain that our
elected officials understood that taking the beds from this
V.A. facility and incorporating them into Audie Murphy was
the wrong thing to do.
So, we met first with Representative Bonilla
and his staff, and had an opportunity to sit and chat with
him for about 15 or 20 minutes, and he assured us that he
is, in fact, on board on this issue and is very supportive
of our position not to remove these beds, and listened very
carefully when we said that was only half of our purpose.
The other half was to convince all involved of the need to
add 20 more beds, and the reasons are very simple. First of
all, we have veterans who expect the level of care to be
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here, and to -- to disenfranchise them by moving these beds
to Audie Murphy is the wrong thing to do. Secondly, in
order to do that, they -- the government has to spend
anywhere between 10 to 12 million dollars upgrading Audie
Murphy and building the facilities necessary to accommodate
these 20 beds. Thirdly, we already have veterans laying on
gurneys in the hallways at Audie Murphy. We already have
Audie Murphy patients in beds here in Kerrville, and it just
absolutely makes no sense to -- to do what it is that's
being proposed by the C.A.R.E.S. Commission. So, we
convinced Representative Bonilla that that was our position,
and he advised us that he was not opposed to our position
and was, in fact, fighting for it.
The day before we got there, there was a
members meeting. By that, I mean members of Congress who
met wittz the Veterans Administration officials, particularly
Secretary Princippi, and their point of view was put
forward, and we are given to believe that Mr. Princippi said
to all of the members who were in attendance, and
particularly our two senators were in attendance and -- and
Representative Bonilla was in attendance. He had indicated
to them that he was not of a mind at this point to remove
these beds, as per the recommendation of the C.A.R.E.S.
Committee -- Commission. He didn't say what his mind might
be six months from now or a year from now, and that really
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sort of emphasized our need to be there to convince him that
it was -- if it's wrong today, it's wrong tomorrow. And if
the need is here to continue these beds and/or add beds
today, the need is even more -- is greater six months or a
year from now.
Anyhow, we took comfort in knowing that his
position had -- was publicly stated to members of our
congressional delegation, that he was not predisposed to
accept that commission's recommendation. But, nonetheless,
we kept up our lobbying events, and from Congressman
Bonilla's office, we went to Senator Cornyn's office. We
missed Senator Cornyn because he was tied up for the most
part of the day in budget hearings for the federal budget,
and that takes in a lot of senators and a lot of other folks
for a lot of hours each day. We missed him, but we did talk
with his staff, and they too indicated that he's on board
with this issue and is fighting for it just as hard as he
possibly can. We met with an undersecretary of the Veterans
Administration, Dr. -- Walter? -- Dr. Murphy?
MR. SCHELLHASE: Murphy.
COMMISSIONER WILLIAMS: Dr. Murphy, who is
the one who speaks highly -- or often to members of Congress
on the medical issues of the Veterans Administration. And
we outlined our position on that, same as we had to the
other congressional folk. And, while she made no commitment
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on behalf of Secretary Princippi, she listened very
carefully, asked questions, and certainly did respond on
those issues -- medical issues that we brought to her
attention. From there, we went to see Kay Bailey
Hutchison -- Senator Hutchison, and there was absolutely no
question where she stands on this issue. She's fighting
hard for the veterans in our area, to -- to make the V.A.
understand our position in this matter, as well as she's
fighting hard for the folks in the central Texas area with
respect to the Waco V.A. situation. All in all, it was a
long day, and while we weren't out in the sunshine getting
any sun on the end of our nose, we were going back and forth
underneath the capitol on that tram going from one senator's
office to another senator's office to the congressman's
office to the V.A.'s office, and by the end of the day, when
we returned to Baltimore-Washington International Airport to
return to Kerrville, we all, to a person, knew we had been
in Washington and we'd been lobbying all day long.
On balance, I believe that our effort was
good. I believe that it is this type of effort that gets
the attention of your elected officials in Washington. It
would have been one thing for General Schellhase to cancel
our trip because he had learned the day before of Secretary
Princippi's comments, and so, you know, he could have acted
on the strength of that and said, "No, I think I'll just
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cancel the trip," and that would have been the wrong thing
to do. It was valuable for us to be there en masse and to
see each and every one of these individuals, and we did
that. And if we have to go back, we'll go back. General,
do you have something you'd like to add to the report?
MR. SCHELLHASE: I'd like to add, on
Undersecretary Frances Murphy, she Yeas testified before
Congress on several occasions, and her pitch is always
accessibility, availability, and affordability for medical
health care for veterans. So, her three A's we were able to
put back to her. Friday morning she called me and read me
the minutes of her message that she understood from us to
confirm -- she's telling the secretary what we asked for.
She had them right down to the penny what we wanted, and
she's delivering that to Secretary Princippi today.
COMMISSIONER WILLIAMS: Good. That's our
day, Judge.
JUDGE TINLEY: Thank you very much.
Commissioner, I appreciate your efforts, and I'm glad you
were able to represent Kerr County. Thank you. I
appreciate it. Anything else?
COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: Commissioner 3?
COMMISSIONER LETZ: I'd just like to thank
everyone that went to -- made that trip to Washington. That
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was a very long day, and I know exhausting, and I think
y'all did a lot of good. Appreciate it from all the
citizens of Kerr County. But onto a little bit lighter
note, Commissioner 1 talked about track, which means I've
got to talk about baseball. And I want to take the
opportunity today to recognize three former Tivy graduates
that all played baseball this weekend at various Division I
universities. In fact, they all played together at Tivy.
Kevin Whelan started in California at UCLA. One of his
uncles is in the room. I see Lee Voelkel -- excuse me, I
was thinking of Kyle's -- Kevin is Charlie Whelan's son.
But Kevin hit a home run, drove in three runs total during
the day, had a great day catching for Texas A & M playing
U.C.L.A. A & M won, I think, 8 to 3.
Then we go on to -- Lee's nephew is a
University of Texas Longhorn, which I'm very happy to
announce to everyone. Voelkels' longstanding tradition is
Texas A & M. I don't think Kyle -- Kyle pitched Friday's
game, I believe. I didn't go, but Kyle's had an outstanding
year relief-pitching for Texas. And the third is -- I have
to toot my own nephew's horn. He has fought his way into
the starting lineup, starting right fielder; has done an
outstanding job. Currently he's batting about .320, does
not have a strikeout this year, does not have an error this
year. So, that's three young men --
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COMMISSIONER BALDWIN: Where is he?
COMMISSIONER LETZ: He's at University of
Texas as well.
COMMISSIONER BALDWIN: I see.
COMMISSIONER LETZ: I might add that his
brother and father both played at A & M, though I went to
University of Texas, so I'm quite glad he's at Austin as
well. But it is -- it's a tribute to the Texas -- I mean,
to the program here, from Little League on up through the
high school program. That's really the -- where they
learned a lot. And they are all three fine young men that
have done very well in representing this community.
COMMISSIONER NICHOLSON: I pass.
JUDGE TINLEY: You got anything?
COMMISSIONER NICHOLSON: I pass.
JUDGE TINLEY: My only comment today is that,
as I'm sure most of you are aware from what you read in the
print media and see in the radio media and the television
media, tomorrow is election day. If you haven't voted, be
sure and vote. Be sure and vote. You get to make the call,
and your participation is important. That being said, let's
move right on with the agenda. First item on the agenda,
consideration of alternate plat for Wolf Creek Ranch in
Precinct 1.
COMMISSIONER BALDWIN: Judge, I still say
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that this is in Precinct 2.
COMMISSIONER LETZ: Three.
COMMISSIONER BALDWIN: I mean 3
Excuse me,
COMMISSIONER LETZ: I think it's in Precinct
3 as well.
MR. JOHNSTON: Precinct 3, yes. According to
the map, this -- this is a one-lot subdivision, which is
carved out of a larger -- some multiple-hundred-acre tract.
It has highway frontage. It's over 5 acres and has a well.
I think that's an existing well; you see it on there with
the sanitary setback. There's the floodplain shown, and I'd
just recommend approval.
COMMISSIONER LETZ: It looks straightforward.
Everything seems to be in order, and I'll move approval.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the alternate plat for Wolf Creek Ranch in
Precinct 3. Any further questions or discussion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Next
item is consideration of preliminary plat of -- plat of
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Hermosa Subdivision in Precinct 4.
or more. So the drainage study is not required on that size
of lot. It will entail building a road up into the
subdivision, which would be what we call our country lane
road, paved country lane. We had a meeting last week with
the developer and his engineer and the surveyor, and he has
an engineer on board that's going to basically lay out this
road for the contractor and then sign a letter of
certification at the end. I think that's the Court's
requirement, and he's on board for that. Recommend approval
of the preliminary plat.
COMMISSIONER NICHOLSON: I think this is also
a pretty straightforward subdivision, and I'd move that we
approve it.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the preliminary plat of Hermosa Subdivision in
Precinct 4. Any further question or discussion?
COMMISSIONER LETZ: Only question I have --
and it's hard to tell exactly -- the grade on going up that
initial hill off of Lange Ravine. That's the only thing --
I just note that you just checked that when they -- the
engineer states that it meets our requirements.
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MR. JOHNSTON: The overall on that from the
bottom to the top, if you just do a linear line, it's less
than 12 percent.
COMMISSIONER LETZ: Okay.
MR. JOHNSTON: There's sections, though, that
might be more than I2 percent. They wanted -- they asked
for a variance, you know. I told them wait, to let the
engineer look at it and see if there's a possibility of
getting it within specs. Otherwise, they may be requiring a
variance for that one small section, but it would be no more
than 15 percent.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: Any further questions or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. Next
item on the agenda, Number 3, consideration of preliminary
plat, Big Sky Ranch in Precinct '4.
MR. JOHNSTON: Big Sky Ranch is a 5-acre lot
or more subdivision. It's going to have construction of
roads into the subdivision, with the number of lots.
They're -- they will be local roads according to Kerr County
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Subdivision Rules. It's the size lot that requires a
hydrology study. They've already done a preliminary study.
You see the detention pond locations on several lots, on
Lots 17, 18, and 36, 38, and they will do a more detailed
study on these -- these four lots when the final detention
pond boundaries are known, just to make certain of all the
setbacks and well and septic locations, but it doesn't
appear to be a problem. We talked about last time,
they're -- the current rules require two test wells, and we
went over that with the owners, and they decided that they
would rather go ahead and put in the two test wells rather
than one dedicated well for sampling. That would be their
option to put them on two separate lots, and then sell them
with the lots later on after they get their testing done.
And you may want to ask them questions; they're here. I
believe that's everything. Recommend approval of the
preliminary plat.
COMMISSIONER NICHOLSON: The developers,
Ms. Krause and Mr. Lehmann, took us on a tour -- me and
Mr. Johnston on a tour of the property last week, and one
other piece of information I can give to you is that it's
located about as far from the courthouse as you can get and
still be in Kerr County. (Laughter.) It also is a very
straightforward subdivision, and we don't see any
extraordinary issue with it, so I move to approve.
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COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the preliminary plat of Big Sky Ranch in
Precinct 4. Any further questions or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign. The
motion does carry. The next item up on the agenda is
consideration and discussion of authorizing the Texas Arts
and Crafts Foundation to use electricity and pay for the
electric costs associated with the outside rodeo arena meter
at the Hill Country Youth Exhibit Center. Mr. Letz?
COMMISSIONER LETZ: Yes. I put this on the
agenda, or did -- well, put it on the agenda and referred to
it at our last meeting, that I was going to do this. The
situation is that the Arts and Crafts Foundation is waiting
on KPUB to get power there. They have come to the County
and said that, if they were willing to pick up 100 percent
of the cost of that meter in the interim, would we allow
them to use power? And that's why it's on the agenda to
authorize them to do that. And it will cost the County
nothing. In fact, we may even make a little bit on the side
if we have any outdoor events going on during that period.
And Mr. Miller's here. Do you have anything else? Any
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other comments?
MR. MILLER: Morning, County Judge and
Commissioners. This is really just a request for temporary
power in order to provide power to -- for the portable
building people to build the restroom building and the
office building which are located in the bottom right-hand
corner of the larger piece of paper that you have there, and
also provide you with floor plans of those two buildings. I
know we have discussed the bathroom building before, but we
didn't have the details, and then the office building is
also a portable building built by the same people who build
the classroom buildings here in town, Metco Corporation. I
tried to circulate an e-mail late last week about utilities
in general.. Did all Commissioners get a copy of that? It's
a long, drawn-out, two-page e-mail.
COMMISSIONER BALDWIN: No.
MR. MILLER: Okay. The temporary power is
one question. I've asked -- been asked to have the County
send a letter requesting -- I would like to have a waiver of
the cost of the fees for establishing utilities on that site
for both electricity, water, and sewer. Each one of these
we have a potential problem with. We don't have three-phase
power available on-site. We need it for our underground
utilities for our exhibitors. It's going cost a little over
$6,000 to bring those three -- the three-phase power to the
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site and move one telephone pole at the entrance to provide
some access -- a little bit cleaner access into the site.
The City -- KPUB has asked that they have something on their
record for their meeting on the 15th of this month. Sue
Burditt with the Convention/Visitors Bureau already sent a
letter to them explaining what they thought the potential of
the site was. I believe the issue -- I don't mean to put
words in their mouth, but I believe KPUB's issue is, if
we're going to make the investment to bring the utilities
over there, are there going to be enough events and
activities on that site to justify that? So, this is just
really an opportunity for us to explain to them the use of
that park as not just a park for the Arts and Crafts Fair,
but as an outdoor event park for the County and the City. I
would request that either the Judge or Commissioners or
somebody from your side write that letter to -- to KPUB to
help move that forward.
COMMISSIONER BALDWIN: I agree with
Mr. Miller. I -- I showed it myself to a county judge from
the Panhandle last week as a possible site for a function
year after next, so I see it as a -- almost a year-round
facility being used all the time.
MR. MILLER: That is the plan at this point.
COMMISSIONER BALDWIN: Yeah, and I like it.
Let's work or. this motion here to approve this thing.
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COMMISSIONER LETZ: Well, this -- I'll make a
motion that we authorize Texas Arts and Crafts Foundation to
have electricity and pay the costs associated with the
outside rodeo arena meter as long as needed by the Arts and
Crafts Foundation.
COMMISSIONER WILLIAMS: Second.
COMMISSIONER BALDWIN: Second -- third.
JUDGE TINLEY: Motion made and seconded for
approval of the agenda item, so long as that electricity
through that meter is needed by the Arts and Crafts
Foundation. Any further questions or discussion on the
motion? All in favor of the motion, signify by raising your
right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign. The
motion does carry. As I'm sure you might have gathered by
now, Mr. Miller, we have an agenda problem.
MR. MILLER: Yep. I almost decided to get up
and speak beforehand; I didn't know if that would be a
problem or not. Can we discuss it with no action so that we
all know --
JUDGE TINLEY: We certainly can't take any
action, I can assure you of that.
MR. MILLER: Sure.
JUDGE TINLEY: But we'd certainly be willing
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to listen to things associated with your electrical
concerns. I think it's sufficiently broad enough for us to
at least listen to ycu.
MR. MILLER: So we cannot discuss anything on
the other utilities at this point?
JUDGE TINLEY: No, I think the agenda item is
broad enough at least for us to listen to you about your
other concerns.
MR. MILLER: Let's go to the water issue.
Just -- each one of these items ends up being a different
animal of sorts. There's a water line that goes across that
property that parallels the rodeo arena side and in our
yard, and feeds a fire hydrant out at that Riverside Drive
entrance to the piece of property. It has a tap in it at
this point that goes to the County Extension Agent's office
building. I went over to the City, paid my fee -- that
$2,000 fee to get a water tap. We need a water tap for the
bathroom building, the office building, and then for an
irrigation. Got a call from Dane Tune a couple hours later
saying that they don't make taps to folks who are outside
the city limits of Kerrville, and we are in the county
there. And our initial discussions over the lease that we
took from y'all, I think there was a general feeling there
was some sort an of agreement somewhere as to available
sewer taps and water taps that would be available to us.
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Everybody's looking for those. Nobody's -- they found one,
I think. Dane Tune called me back Friday real late, said
they found some documentation that there was a sewer tap
agreement available. Nobody has been able to find the water
tap agreement available, so now we need to go before City
Council and request that they allow us to tap into that
water line, and Dane says this is not something that they
are inclined to do normally. The other option is for us to
drill a well, which I'd just as soon not do, or find another
water line out there to tap into that's already, you know,
available to the Hill Country Youth Exhibit Center. But
then I don't know how we'd account for water if we do that.
So --
COMMISSIONER LETZ: I've talked to Assistant
City Manager Dane Tune on this, and pointed him in the
direction -- he couldn't find any of the agreements
originally. He did find the agreement that I recalled,
which was a sewer agreement, though I have not looked at it.
And I cannot imagine that water was not mentioned at that --
I think it certainly was implied, because the reason for
that agreement was -- it was twofold; is when the Little
League, which is also County property, tied onto the sewer
line, and also at the same time we wanted to accommodate the
restrooms that we knew would be built in Flat Rock Park at
some point, and you can't have a restroom without water.
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So, I mean, it falls to me that -- I mean, clearly, the
intent was for the City to provide utilities on the County
property right there. Dane doesn't disagree with that. He
said that he thinks the sewer agreement may not be specific
enough or general enough to -- whichever way you look at it,
to allow for the Arts and Crafts Foundation to use it, but
he did not see a problem. And he's requested that the
County submit a letter to the City requesting specifically
the sewer tap for the Arts and Crafts and the water tap for
Arts and Crafts, and thought that it would be approved. And
that's kind of where it was. It's not -- I did not put it
on the agenda, 'cause Dane -- I did not talk to Dane till, I
guess, last Thursday for the first time, so it was a timing
issue.
COMMISSIONER WILLIAMS: Judge, I too followed
up. I knew that you'd talked to Dane Tune, and while I had
Ron Patterson's ear and the mayor's ear while in Washington,
D.C., I followed up on it also, and Mr. Patterson indicated
he would research it very carefully and would respond. So,
they do know, and they know that this was, in our mind, a
quid pro quo for -- for these -- at least one more
opportunity, I believe, right?
COMMISSIONER LETZ: One or two.
COMMISSIONER WILLIAMS: One or two more taps.
So, I guess it's going to require a little follow-up on the
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part of the Court to get that done.
COMMISSIONER LETZ: I guess we need to -- and
I don't know that we can -- we cannot authorize it at this
point. I don't know what the timing is with you, but I
think what we need is a letter from -- from the Court to the
City requesting it; then they can get it on their agenda.
They're going to have the same time lag as we are from, you
know, a timing standpoint. I don't know -- you know, my
view is that the Court and the City have pretty much already
crossed this bridge, and we have agreements that kind of
dance around it, though they may not be quite as specific as
they want at this particular time. So, I don't -- I think
we can probably do a letter, and then if we need to, bring
it back to the Court to be approved at a subsequent meeting.
MR. MILLER: I know Item 3 is the sewer.
Nothing is easy out there. I guess originally we had
planned to make a sewer tap -- tap into the sewer line on
Riverside Drive. There is a sewer line on the other side of
the rodeo arena that services the Ag Extension Agent's
office. Our contractor, J.M. Lowe, has gone out there with
Whelan Plumbing to look at that and see whether we could
avoid a -- a sewer tap in the middle of the road, tearing
the road up, by tying into that line right at the property
line almost on Riverside Drive. And, according to Whelan
Plumbing, it is -- the load we would add to that would --
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that line would easily service. And I've talked to Glenn
about it; I thought we'd bring it before you guys and let
you know what we would like to do. We'd like permission to
tap into that line also as part of this process, and save
some road tearing up and some expense, too.
COMMISSIONER WILLIAMS: You might recall that
we -- you met with Commissioner Letz and I cut there on that
area several months ago, I guess, trying to determine
where -- where your tap would be, as opposed to where a
future tap for our purposes for a restroom at Flat Rock Lake
Park would be. Are we still yards apart in terms of where
that comes in?
MR. MILLER: No. We are in timing. The tap
we're looking at at this point is at the rodeo arena side of
the property, which would service the modular bathroom
building. The future plans would be that when we build a
permanent building there, that modular bathroom building
would move to the other end of the property, which would be
very close to where you all are doing your tap for the --
for the bathroom that's in the park. On your map, that
would be -- see where the restrooms -- excuse me. See where
artist parking is and the bus stop on the left-hand side?
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER WILLIAMS: Yes, sir.
MR. MILLER: The -- we would move the
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bathroom that's at the rodeo arena over to right behind
where the food and the demo squares are, right up alongside
the fence line, which would give us bathrooms then at both
ends of the park. That's one of the reasons it's being
built as a modular building, so we can pick it up and move
it.
COMMISSIONER WILLIAMS: Where are you putting
in the infrastructure to accommodate all three sets of
restrooms that you show here?
MR. MILLER: We're putting in electricity to
handle all three sets. We're not putting in sewer and water
to handle all three sets at this time.
COMMISSIONER WILLIAMS: Once you've got it to
the site, you'll do what's necessary at a later date?
MR. MILLER: Well, we've -- our problem with
the bathrooms site at the -- on the artist parking side
right now is we've got to get a right-of-way from our
neighbors out there, 'cause that's the Indian -- that's the
historical site there; I can't dig down there, so I've got
to go outside that boundary in order to do that.
COMMISSIONER LETZ: Commissioner Williams, do
you want to draft a letter to the City?
COMMISSIONER WILLIAMS: Sure.
COMMISSIONER LETZ: And then we can bring it
back to the Court. I think this is clearly within the -- I
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mean, we use City water and sewer out there in the Ag Barn.
We do it in the Extension Office; we do it with the Little
League field, and we have an agreement to do it in the
future Flat Rock Park. I really don't know how this is any
different. But if they want us to write one more letter
and -- you know, I think, clearly, it's appropriate, and
bring it back to the Court for approval.
COMMISSIONER WILLIAMS: I'll pull together a
draft; I'll run it by you and see if you like what it says.
MR. MILLER: Only problem I have is one of
timing.
COMMISSIONER LETZ: I understand.
MR. MILLER: Less than 90 days before we have
a fair.
COMMISSIONER WILLIAMS: We can't do it
yesterday, but we can sure work on it tomorrow.
MR. MILLER: Believe me, I know that. I
appreciate y'all's help in anything. Thank you, sir.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Thank you, sir. The next item
on the agenda is consideration and discussion of setting a
workshop to consider Road and Bridge organization and
request the County Attorney to provide the Commissioners
Court with an opinion as to the permitted organization of
the Kerr County Unit Road System.
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COMMISSIONER LETZ: Judge, I put this on the
agenda based on our last year's budget workshops, and also
with the strategic planning that we held in January. And
one of the items was to look at the organization of Road and
Bridge, and it seems to me the first stumbling point that we
had last budget, and I suspect we'll have again, is to
legal -- what legally we can do. And so my reason really
was to put this on the agenda to request an opinion from the
County Attorney as to what we can do. There are some -- I
guess I've heard different things from different -- or
different opinions as to how that structure is because of --
if you can't find an engineer, and overall setup and makeup
of basically the Road Administrator position and the County
Engineer position, and how those -- what our requirements
are under the legislation that set up the Kerr County Unit
Road System.
JUDGE TINLEY: What options legally we have
to operate that department.
COMMISSIONER LETZ: Correct. And so I'd like
to -- that's the reason for putting it on. And then, once
we get that opinion, I think we need to have a workshop and
proceed. But this is, to me, clearly the first step, so I'd
make a motion that we authorize the County Judge to write a
letter to the County Attorney requesting an opinion as to
the permitted organization of the Kerr County Unit Road
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System, specifically as it relates to the County Engineer
and the Road Administrator.
COMMISSIONER NICHOLSON: I second.
JUDGE TINLEY: Motion made and seconded. Any
further questions or discussion upon the motion?
COMMISSIONER NICHOLSON: I will just say, I
think it -- I agree, it's a necessary first step. We, all
five of us, need to be of one mind on what we can do before
we work on what we should do.
MS. SOVIL: Do you want to set a time frame
on that?
COMMISSIONER LETZ: Well, I think the -- and
I -- I said set a workshop on here, but I think it may be
premature a little bit for time frame, though I think we
need to do in late April, early May. Probably late April
would be the -- my preference, but I think we could set that
workshop at either the next -- one of the next two
Commissioners Court meetings, depending on, you know,
conversations with the -- from the County -- feedback from
the County Attorney.
JUDGE TINLEY: Okay. Any further question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry.
COMMISSIONER BALDWIN: Close enough.
JUDGE TINLEY: We have a public hearing set
for 10 a.m. this morning, and it appears that we've got
significant participation. And the court coordinator was
kind enough to prepare a notice to put on the door when it
appeared that we were going to have that type of
participation, that it's appropriate for us to hold that
where we've got more room for all you people to sit. We
want everybody that wants to appear to be there and to
listen and speak to have that opportunity, so we'll be going
upstairs to District Courtroom Number 1, which, as you get
off the elevator, if you'll immediately turn to the right
and as you go down a short ways, you'll see the double door
entrance to Courtroom Number 1 there on your left after
going a short ways down. So, at this time, we will stand in
recess, subject to calling the public hearing on the issue
as stated on the agenda. Give everybody an opportunity to
get on up there.
(Recess taken from 9:53 a.m. to 10 a.m.)
(The regular Commissioners Court meeting was
closed at 10 a.m., and a public hearing was
held in open court, as follows:)
P U B L I C H E A R I N G
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JUDGE TINLEY: I will now open the public
hearing which was posted for 10 a.m. this date, the public
hearing being for the consideration of the Commissioners
Court to authorize the freezing of ad valorem property tax
values on the residential property owners who are elderly or
disabled beginning in 2004. By way of initial remarks, I
realize we have a number of people here today. We want to
give each and every one of you an opportunity to be heard.
We would ask that you -- to the degree that you're able to
condense your remarks, that you do so, so that everybody has
that opportunity. I do not have a list of sign-ups, with a
couple of exceptions. I will go ahead; the ones that I do
have, I will call first. But the thing I would ask you to
do is to be mindful of your fellow citizens, and if your
comments are highly repetitive, you might want to consider
condensing them, or in some cases, maybe omitting them by
referring to another speaker or the previous speaker,
whatever, so that we can try and conserve time, but still
give everybody an opportunity to be heard. So, having
called the public hearing, the first one that I have is
Mr. Maury Evans, and if Mr. Evans will come forward, and he
may give his address to the reporter, and we'll look forward
to hearing from you.
MR. EVANS: I want to apologize that I didn't
make enough copies for this; apparently, a lot more people
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here than I anticipated. And so I apologize again that I'm
going to read it very quickly, because I hate to have people
read stuff to me when I've got it in front of me, but I know
a lot of you don't have it, so I'm just going to read this
thing very quickly and run through it. There's two pages.
The first page is my particular opinions, and the second
page is the certified value for 2003 for the Kerr Central
Appraisal District. And if you look at your first page,
I'll start reading that.
Many disabled and elderly persons, because of
low incomes, do need some financial relief through an ad
valorem tax freeze. Many do not. While I would personally
benefit, I am opposed to an across-the-board freeze for the
following reasons. Either a freeze would shift property
taxes to the remaining taxpayers or result in severe cuts in
services such as law enforcement. And many others, as a
matter of fact. Two. Many of the remaining taxpayers are
wage earners who are trying to raise a family, and many work
for low wages. Even if they are not homeowners, they --
they pay property taxes indirectly through added rent paid
to the landlord. They cannot afford to have either their
taxes or their rents raised. Three. Already much of our
property value is not being taxed. According to the 2003
certified values for the Kerr Central Appraisal District for
Kerr County, the net taxable value is $2,423,538,916, while
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the certified total market value is $3,290,358,209. That's
only about 73.7 percent of the market value is being taxed.
Of that 73.7 percent, the taxes are further
shifted because of such things as freezes on school taxes
and homestead exemptions. Since Kerr County has one of the
highest average ages in the state, an across-the-board
freeze would apply to a very large number of homeowner --
home-owning taxpayers. Incidentally, back in the 1980's --
in the '80 census, Kerr County had the second highest
average age in the state, exceeded only by Llano County.
Four. Many like myself do not really need this freeze. We
already get a freeze on our school taxes and a discount on
things such as food -- I'm sorry -- such as -- I'm reading
from a different one. Oh. Many like myself do not really
need this freeze. we already get discounts on things such
as income taxes, like extra exemptions if you're over 65, on
food, entertainment, travel, park entrance fees -- and in
some cases, you don't have to pay entrance fees at all if
you're born in September of 1930, before then -- and bank
accounts, as well as freeze on our school taxes.
Five, our low-wage earners need help and not
more pain. Six, we should stop trying to shift our fair
share of the tax burden to others. And I might point out
that the State is continually putting unfunded mandates down
on the counties that increases our taxes, or at least the
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services we have to provide. The federal government is
shifting taxes down to the school districts because of the
so-called No Child Left Behind Act, in which they mandated
things to do, but didn't fund them. And back in the Bush
administration in Texas, when he was governor, they put
homestead exemption on school taxes, and which they were
going to pay for the loss through state taxes, which they
have not lived up to their bargain. And so, basically,
what's happening is everybody's trying to shift some taxes
from themselves to somebody else, and I don't think we can
do it forever. Thank you.
JUDGE TINLEY: Thank you, sir. In order to
try and do this in somewhat of an orderly fashion, what I'm
going to do is call upon the first row on this side, my
right, and then we'll go back and then we'll work our way
back to the front after we get to the back. Is there anyone
here on the first row that wishes to be heard on this issue?
MS. GAMBLE: The only issue I would like to
bring up --
JUDGE TINLEY: You need to come forward,
please, ma'am, and give your name and address, and then let
us --
MS. GAMBLE: No, I don't want to do that.
JUDGE TINLEY: Pardon?
MS. GAMBLE: I don't want to do that.
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JUDGE TINLEY: All right. Is -- you, sir?
Do you wish to be heard? Anyone in the second row? How
about the next row? Yes, sir? Please come forward and give
your name and address, and whatever you have to say.
MR. BLANKENSHIP: Yes, sir. I'm Don
Blankenship, and I agree with everything that gentleman
said; however, there's an element that he overlooked. I
read in the paper all the time about an impact study. I
want to tell you what the impact will be, and I hope save
the taxpayers some money. Forty-some years ago, I left
Texas to raise my kids in Arizona because it was better. A
little old dirt-street village out there I incorporated has
become the wealthiest per capita town in the United States.
It's a city now. It did it because of retirees. The
element that's lacking in his statement was this. In
essence, it's better to have 10 people paying $1,000 a year
for taxes than it is to have one person paying $10,000, and
that's what we have now.
And these turnkey villages such as Comanche
Trace and The Summit and others, it costs us very little.
In fact, Comanche Trace was putting up their own street
signs. Now, what has happened out there as a result of
these retirees coming in, they do not vie for jobs. They
create jobs. They support the arts. They support the
theaters. We have, in effect, 10 persons paying $1,000 a
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year rather than one paying 10. These houses that are built
in Comanche Trace, I know them well. I've priced them. And
friends that would normally move back to Texas, as my wife
and I did, won't because they won't pay $10,000 and $12,000
a year for a house that's already inflated, inflated in
price because the infrastructure is included in the price of
the house. So, a $300,000 house -- Walmart kids don't buy
those -- it's $400,000 because of the infrastructure. That
continues on down the line for taxes.
Now, we headed up, my wife and I, for 10
years, an organization. Let me tell you some of the
benefits from having retirees come in. Aside from not vying
for jobs, they create jobs. They support the arts. They
support the theaters. And look around you here in town;
they're spending a lot more money. Abe Ribikov wrote a
book -- he was an economic adviser for John F. Kennedy --
about money in motion; explains very plainly and simply what
it means to have more retirees moving in that are spending
money, supporting these things. We had mentors getting the
kids through school and their math; didn't cost us a dime.
We had those people teaching music to these kids. Juvenile
delinquency went down. If anyone's interested in greater
in-depth detail about these things, I'll be glad to provide
it.
We were and are so successful out there with
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retirees, adding money, the jobs are better, the itinerant
workers that normally went to Salinas for onions and Idaho
for potatoes and over into California to pick lettuce,
they're stable citizens now, driving new pickups and living
in good homes; got their children in permanent, well-built
high schools. These are all a result of people like myself
and others that would come in. But they won't take $10,000
or $12,000 a year for taxes. I've talked to people -- the
realtors around here, and they're losing sales. So, to get
quality growth, it's almost 100 percent in the asset column.
The credit column, not the debit column. The people that
move in here, they aren't requiring services. They aren't
Medicaid people, which is welfare, as you all know. They're
on Medicare and they have supplemental insurance, 99 percent
plus assets to the villages.
We are and were so successful at that, after
we retired, moved back here, the U.S. Congress invited us to
bring our people before them and speak about the mentoring
programs they had. The supported the local services.
Another fact that you can count on, the lowest per capita
crime rate in the United States is in Sun City out there and
in that area. They do all of those things. They save over
$3 million a year by supporting the Sheriff and crime
prevention programs and other things like this; 100 percent
total asset to the community. I would urge this
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Commissioners Court to consider these things. If you want
more detail, you can find it through other programs that
have been highlighted out there on 60 Minutes and Good
Morning America. The U.S. Congress have all studied the
programs and found them exemplary for senior citizens'
programs to develop. I say that with all sincerity. And,
as I said, I agreed with the man who spoke first, but one
element that's critical to growth -- positive growth is a
good thing, and to view growth as a negative is a negative
attitude. To see it as a positive thing, it's a successful
thing.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Is there anyone else on that
COMMISSIONER BALDWIN: Maury, you're missing
your chance to do it again.
MR. EVANS: Once is enough.
JUDGE TINLEY: All right. Let's go to the
next row. How about someone on the next row? Yes, sir. If
you'll come forward and give your name and address, please?
MR. MILLER: Wilbert Miller from Greenwood
Forest, 205 Spanish Oak Lane. I would like the Commission
to consider a person -- in other words, this other gentleman
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stated that a lot of us don't need it, but there are some
that do need it. So, to -- to keep them from getting it and
freezing the taxes, I think if they could -- some way,
they're going to have to -- you're going to have to go down
and sign up. They could bring their income tax, and if it's
below a certain amount -- this is what I think the -- I'd
like to see the committee consider, that they go down and
say, "Well, $15,000, then your taxes are frozen," as in
income tax. And that way, nobody would be -- and if they
don't have to file one, then they can always admit this.
And, so, this is my only suggestion. Thank you.
JUDGE TINLEY: Thank you, sir. Is there
anyone else from that same row that wishes to come forward
and be heard? Anyone else from that same row? Let's go to
the next row. Anyone from the following row? You folks,
I'm sure, are keeping up back there better than I can,
because I can't see back there too well now. But if there's
anyone else -- we're going to come back down this left-hand
side. Anyone else from that row? Okay. Let's go to the
next row. Yes, sir. Please come forward and give your name
and --
MR. WRIGHT: I'm Ben Wright, 200 West Creek
Road. The problem we have as elderly citizens in this
county, many of us are on a fixed income. We're on Social
Security and an annuity. California's a typical example of
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what can happen if we don't do something about it. They
passed laws like this, because a citizen can come in here
and turn 65 and retire. His taxes are reasonable; he pays
them. Ten years down the road, his taxes have tripled or
quadrupled, and his income has not changed, so consequently,
he can't pay his taxes and then you come to take his house.
This is the problem we've got if you don't do something
about it. Our county evaluations are growing very, very
fast. I agree with the man who spoke first, the retirees
don't use as much services. So, consequently, there are
arguments there as to whether or not they actually are using
the amount of taxes that they're paying. To end it up, to
me, the voters have already spoken. They've told you what
they want. Act on it, please. Thank you.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Is there anyone else from the
row where the gentleman just seated himself? Okay. Let's
go to the next row. Is there anyone from the row -- anyone
from that row who wishes to be heard? Okay. Next row?
Yes, sir? Please come forward and give your name and
address.
MR. ELLER: Thank you. My name's Charlie
Eller, 108 Wild Timber, Greenwood Forest. There's been a
lot of speculation on the impact on county revenues and the
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increases for taxes on all other property owners. My
position is simple. The impact of this amendment happens to
be zero. The only way this freeze will have an adverse
impact on anyone is if the Commissioners Court plans to
increase spending, and then you would have to increase
spending over and above the new taxes on new construction.
It's time to implement this amendment. The voters have
already overwhelmingly, by about 87 percent-to-nothing,
approved it. I believe the voters knew full well what they
were voting for, and I believe you should listen to the
people who care enough to vote. They've spoken to you. I
urge the Court to look for ways to reduce spending instead
of looking for ways to increase taxes. Thank you.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Thank you. Is there anyone
else on that same row that wishes to come forward and be
heard? Anyone else? Okay. Let's move back to the next
row. Anyone from that row who wishes to come forward and be
heard on this issue? Okay. Now we go back one more row.
Anyone else there? All right. We're to the back. Anyone
wishing to come forward? The administrative assistant is
polling you now as she comes back down the -- my left-hand
side. Yes, sir? Please come forward and give your name and
address. Thank you.
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MR. COOK: G.L. Cook at 2 Cave Spring Drive
in Hunt. Been questioned about the portability of this tax
exemption, I believe, and I'd like to advise the people that
from what I've learned from getting a copy of the
resolutions, number 16, is -- and message -- e-mail from the
State Comptroller, this portability is not permanent. In
other words, if you have a $50,000 house and you're paying,
let's say, $500 a month on it -- or I mean $500 a year tax,
then you sell that property and buy a $500,000 house, you're
not going to continue to pay only $500. You're going to pay
a percentage. That's proportionate in the resolution, so
you're not frozen to that same tax rate, regardless of the
houses you buy. But my essential point I want to make is
that piece of property which may be exempt under this rule
is not in perpetuity. In my particular subdivision, it's
been my experience over the last 17 years that most people
that move there and buy new homes or build homes, they're in
the age bracket of 55 to 65, and recently retired. And it's
also been my observation, after 15 years, 16, 17 years,
those same people realize that those lots -- where I live,
most of them are 2 to 5 acres. Those lots and large houses
are just too much for them to take care of. They can't do
it any more. They don't want to. So they sell the houses
and move into town into an apartment and this sort of thing,
and pass that same piece of property on to someone younger
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than 55, in most all cases, so that property tax is going to
continue to increase until that particular person becomes
eligible for this inception. Thank you.
JUDGE TINLEY: Thank you, sir.
MR. COOK: One other point I want to make.
JUDGE TINLEY: Yes, sir?
MR. COOK: Regarding the statement the first
gentleman made. He said if it is not increased -- or this
goes into effect, you're going to have to cut expenditures
in such areas as law enforcement. You know, I'm 80 years
old, and I've been listening to politics for 60 years, and
any time federal government on down to city government --
that's always the argument you hear, "We're going to have to
cut police enforcement -- law, fire protection, and
education." That's always the three things that every
politician is going to say. You've said the same thing.
Look around; look at your budget. We've seen waste here in
Kerr County. Just take a look at it. You do not need to
cut law enforcement. And, by the way, that's the only
services I've been benefited by from the County, really,
outside of paying my taxes. And the Sheriff's been very
responsive. Never required any other services to speak of.
I have medical insurance, so I'm not a liability on the
County there, and I don't move into other areas. I thank
you.
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JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Is there anyone else on -- on
that row that the gentleman just spoke from? Okay, let's
start coming forward. Anyone else wishing to come forward
and be heard on this subject? Yes, sir? Thank you. Please
come forward and give your name and address.
MR. GIBBON: Hi. My name is Bill Gibson. I
live in Greenwood Forest. You need an address? I don't
know what it is now; 9-1-1 changed it on me. I think it's
110 Wild Timber Drive. I wanted to ask a question of the
Court. Does school taxes -- they're already frozen. Does
that have anything to do with the County at all? As
Mr. Evans mentioned in his letter here, and the Head Start
program that he was talking about, of cutting it down, I
thought school taxes had something -- was totally separate
from what you guys are doing with county taxes. Maybe I'm
mistaken, but I'm -- I'd like an answer on that, if
possible.
JUDGE TINLEY: The difficulty we have at a
public hearing, we can take comment, but we can't engage in
a debate with you.
MR. GIBSON: Okay. Well, it was my
understanding that school taxes were totally separate of
this, but I'm not sure. You know, I'd just like some
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clarity on that. Otherwise, I have to say that I'm in
support of what Mr. Eller proposed, and that we do this
freeze. Because, as the gentleman so eloquently said from
Hunt, every time you sell a piece of property, the taxes go
in at the new level, and that's what they found in
California and other places that do have freezes. So, I'm
in support of it. Thank you.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Anyone else on that same row?
Okay, coming to the next row. Yes, ma'am?
MS. LINES: I'm Velma Lines. I live at 111
Wild Timber, Greenwood Forest. I'm real nervous. Buster,
we go to the same church, so I'm going to look right
straight at you.
COMMISSIONER BALDWIN: Okay. I'll sit up
here; I'll give you a good target. But don't throw
anything.
MS. LINES: Okay. And if you vote against
this, I'm going to put you our prayer list. (Laughter.)
COMMISSIONER BALDWIN: Yes, ma'am.
COMMISSIONER WILLIAMS: Ought to do that
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anyhow.
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MS. LINES: As I said, I'm a widow woman. My
husband retired from the Corps of Engineers, and he left me
a small annuity and Social Security. I have a little
investment which gives me about $2,000 a month to live on.
Now, you figure that up; I've got to pay nearly $900 school
taxes and your taxes. Every year I go to the tax department
and argue with them about my taxes. That's degrading to me
to have to do that. I need a break. And why does people
think that everybody retires in Kerrville is millionaires?
'Cause I'm sure not. I retired here because of the climate.
I had to move out of the Houston area. Isn't that
wonderful, to move out of a place like that to a place like
this? I have children also. My son's retired from the
Navy; he works on the naval base at -- he's a jet mechanic.
My daughter's worked for NASA for 37 years. They pay taxes
too. But let them go through some hard times like I did.
I'm not going to worry about what my kids is going to have
to pay. I'm worried about myself. I'm trying to hold on to
the home that my husband left me in, and I'd like to be able
to stay there, but if these taxes keep going up the way they
are, I'm going to have to sell. I can't stay there. I
thank you very much for listening. Thanks, Buster.
COMMISSIONER BALDWIN: Thank you.
(Applause.)
JUDGE TINLEY: Thank you very much, ma'am.
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Anyone else on that same row?
MS. RHODES: I'm Gladys Rhodes from 400 Mack
Hollimon Drive. My husband wasn't able to come; he was not
feeling too well. But I thoroughly agree with Mr. Eller in
regards to the freezing of the taxes here in Kerrville. We
moved here and we live on a very limited income. We manage
to stay out of welfare, but we do not agree with the idea of
every year since we have lived here, our taxes have gone up.
Fortunately, we were 65 when we moved here; our school taxes
were frozen. But every other tax district -- appraisal on
our home goes up, and it hasn't changed. In fact, it has
not had anything done to it since we've moved into it, but
we try to maintain it. But I do not see the need of
increasing every single year just to gain more money for
spending on waste, which I see all the time here in the
county. Things that -- in other words, not all of us play
golf, so we don't really need a golf course as such for us.
But money is spent on things like that, where it could be
spent on other things. Thank you.
JUDGE TINLEY: Thank you, ma'am.
(Applause.)
JUDGE TINLEY: Is there anyone else on that
same row that the lady -- where the lady was seated that
wishes to come forward? Anyone else? Why don't we come
forward a row, then. Next row? Anyone wishing to come
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forward and speak? Okay. Next row coming this direction?
Yes, sir. Come forward please, sir.
MR. CASTILLO: Claudio Castillo, 807 Laura
Belle. I'm really floored. I'm surprised that everybody
seems to be opposed. I came in here to oppose, and I
thought I was going to be alone in opposing freezing ad
valorem taxes for 65 and for the handicapped. Now I'm
wondering -- it's -- my head's spinning here -- if I
shouldn't be on the other side. But a gentleman brought up
the idea that perhaps those people that are in the lower
income should be considered, but I'm opposed to freezing ad
valorem. I'm certainly not surprised that so many people
seem to be able to afford to pay their taxes after 65. I
feel like I'll be able to pay my taxes after I'm 65. I
don't see any problem with that. I hope you freeze your --
your salaries, and I hope you freeze the County employees'
salaries if you do. So, that's where I stand. I'm -- I
guess I oppose freezing.
JUDGE TINLEY: All right. Thank you, sir.
Anyone else on that same row that wishes to come forward?
Yes, sir?
MR. COSS: I'm Donald Coss, 106 Spanish Oak
Lane. I also live in Greenwood Forest. I would support the
utilization of this opportunity to lessen the tax burden on
both the disabled and the senior citizen. In regards to
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those people who feel that they're affluent enough to where
they can avoid taking advantage of that, they have the
opportunity not to apply for it. I think the concept of
bringing income tax statements in only adds another layer of
bureaucracy to something that we don't need to have. I
think it can be up to the individual to do that. I also
firmly believe that if you look at the burden on the county
government from those people that would be frozen, you will
find that it's considerably less than the average citizen
is, and therefore I support your adoption of this
resolution. Thank you.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: I realize that some of you may
have come in late or may have had something triggering your
mind to cause you to want to come forward when you were
previously given the opportunity, but decided not to. I
don't want anybody to be excluded. Anybody that has
anything to say during this public hearing, I want them to
have that opportunity. So, if there is anybody, whether you
came in late or just passed last time, or had another
thought or idea come to you during the course of these
discussions, anyone else that wishes to come forward?
Please. Please.
MS. GAMBLE: Well, I guess I've got something
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to say.
JUDGE TINLEY: All right. Come forward,
ma'am.
MS. GAMBLE: I'll just come on and say it.
My name is Jeanette Gamble. I live at 251 Burney Oaks. I
went through this freezing of the school taxes, and the
young children in the neighborhood came to me one time and
said, "You're old and you don't have to pay any school
taxes." Well, let me tell you, every year I have to go down
and I have to pay $1,000 -- excuse me, I lack $7 being
$1,000. I don't want our community to be divided over
another tax freeze. In the paper, Mr. Williams, you stated
someone's got to foot the bill. These kind of things are
bad. If you don't want to freeze the taxes, don't do it,
but don't blame the people after it's done. Do you
understand what I'm saying? Did you know that most people
think that we don't pay school taxes because we're elderly?
That's the truth. I've never seen it in the paper that we
-- you say it's frozen, so they think we don't pay anything.
That's not right. So, if you freeze this, I want to see how
much taxes I have to pay every year. Thank you.
JUDGE TINLEY: Thank you, ma'am.
(Applause.)
JUDGE TINLEY: Anyone else? Anyone else that
has not had an opportunity? We want you to have the
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opportunity. Yes, sir? Yes, sir, please come forward.
MR. SMITH: My name is Gene Smith. I live on
Antelope Trail. The problem that you gentlemen and myself,
as a City Council -- if I get re-elected. This city is
unique and the county is unique, to the extent we don't have
as much industry here. We have a lot of retired people. We
have a lot of retired people here with a lot of money, so
it's not an easy question. As you can see, different people
have different viewpoints on this. And I think each of the
taxing entities are going to be exposed to this same thing.
But it's -- the state law is a general law that applies to
all of the counties and the cities in the state. And,
unfortunately, a general law doesn't address the uniqueness
of each piece of taxing entity, like the County and
Kerrville, the city. And it's -- it's real difficult, and
each of the taxing entities in this area are going to have
the same problem. And it's something that -- people don't
realize that government has no money; it's their money. So
if people want more goods and services, somebody's going to
have to pay taxes. And Texas doesn't have -- on taxes,
Texas doesn't have income tax, and so we have to get the
money somewhere, and I wish there was more flexibility in
the state law that you could -- you could manipulate it.
But, as I understand, we can't change the state law, so I
wish everybody would bear with each of the individual
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government entities on this, because it's not an easy
problem to solve. Thank you.
COMMISSIONER BALDWIN: Hear, hear.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Is there anyone else that
wishes to come forward and be heard on this subject? Anyone
else? Stick your hand up so that we don't miss you. Yes,
sir. Come forward, please, sir.
MR. PECK: Thank you. I came in late. My
name is Jim Peck. I live at 218 Spanish Oak Lane in
Greenwood Forest. I moved here two years ago from Colorado.
I lived at the foot of the Colorado National Monument,
looked up at 2,000 feet of rock that rose above my home.
Beautiful place, paradise, but I left there partly because
expenses were so high, and I moved to Grand Junction. I
didn't buy a house in the city, because I -- I bid on a
house to buy it, and they turned me down, and when they did,
I found out how much my taxes would be, and I just almost
fainted. My taxes would have been over $6,000 a year, taxes
on -- you know, on that house up in Grand Junction,
Colorado. I lived in a house that was not quite twice as
big as the one I live in now, but much larger, and I paid
less taxes there than I pay here.
I live in the county; I don't have to pay
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city taxes, but my county taxes and my school taxes are more
where I live now than they were up in Colorado. And I've
been retired for 12 years, and I hope to live a little
longer, and if I do, I'm afraid the day is going to come
when I'll have to leave Kerrville, because I'll not be able
to afford to live in this city. I think it's a beautiful
city. I love living here. I love the people. But if I
can't afford to live there, I have to go somewhere else.
And, you know, I guess all of us old folks someday are going
to have to move to Mexico and learn Spanish, because we
won't be able to afford to live in the United States. And
part of it's going to be because people think that even
though we're older and we're on a fixed income and nothing
is changing for us, that we ought to somehow or another be
able to find money to pay for new facilities that other
people want.
And I understand that, you know, we need
growth in our town and the town needs to have new amenities,
but the amenities really ought to be paid for by the people
who are going to use them. And -- and maybe it means having
fees that we charge people that are reasonable for the --
for the services that they're receiving. If we just raise
taxes and we don't charge fees for services that people
receive and use, then we're making everybody pay as though
we were all using those facilities, but it isn't true. I
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used to golf, but I don't golf any more, because I'm not
physically able to. And so today, I don't have to pay green
fees, but I'm paying for the golf course. Aren't I? No?
No?
COMMISSIONER WILLIAMS: No.
MR. PECK: I'm not? No fee on the golf
course, okay. If you never built a golf course, I guess my
argument is erroneous. But the fact is that I think people
ought to pay for services. And if we pay for services, I
think -- for instance, I think we ought to charge people
more to drive their car. If it takes more to keep the roads
up, we shouldn't increase general taxes so that we can keep
roads up. If we need more money to collect garbage or
whatever, we ought to charge for that service, and not just
raise taxes on property so that we can pay for all the other
things that people want. I -- I've only lived here two
years. I like it a lot. But if -- if we don't put a limit
on what we charge people for living in our city, then we all
are going to wind up in Mexico someday. Thank you very
much.
JUDGE TINLEY: Thank you, sir.
(Applause.)
JUDGE TINLEY: Is there anyone else who has
not had the opportunity to come forward and be heard that
wishes to be heard?
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MS. LINES: Can I have a follow-up?
JUDGE TINLEY: I suppose so. Do you want to
talk to Buster again?
MS. LINES: Yes.
JUDGE TINLEY: The rest of us are listening,
however.
MS. LINES: I went through a little deal on
-- back down to the tax office I go. Article come out in
the paper -- it's about four years after I lost my
husband -- and it said if your husband was a disabled
veteran, you get a cut on your taxes. Don't believe it. I
went down to the tax office and I said, "Why didn't y'all
tell me I could have this? Here's four years I could have
been getting this." "Yeah, you can get it. Get us a thing
from the Veterans." I did that, come back, go back down
there. I'm going to get a cut on that. I said, "Why didn't
y'all tell me -- put a thing in my taxes when you sent it to
me?" They said, "Well, we put it in the paper every year."
Everybody don't get that paper. And I don't read all that
tax stuff, so I had never seen it. So, down to the school
tax I go, and she tells me that bill hasn't passed, but when
it does, I'm going to have to go right back to the taxes --
my taxes will be frozen on what it is right now, instead of
back when I froze them to begin with. She said, "You'll
lose money." So, that went out the window. The school
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taxes are frozen, so I'm looking at all my school taxes back
to see just what they were, and I noticed it had raised
some. Back down to the school tax office I go, and I said,
"How come this is this way?" And she said, "Because we can
unfreeze your school taxes and raise them and then freeze
them back again." Now, how many people know that?
MS. GAMBLE: If you add something.
MS. LINES: I don't add nothing. I can't
afford to on $2,000 a month. Taxes is eating me up. They
told me at the tax office, "Well, you can let it go and not
pay your taxes. Clinton pays that bill. And not pay your
taxes, and when you sell your property, then we collect all
the taxes out of it." They didn't tell me how much interest
was going to be charged on that. You know, tax department
ain't going to get my house.
COMMISSIONER BALDWIN: There you go.
MS. LINES: Thank you.
JUDGE TINLEY: Thank you. Yes, sir,
Mr. Evans?
MR. EVANS: I think there's some confusion
about what people are paying taxes and what entities and so
forth, and so I would urge people that if they look at the
second page of what I handed out, that's a summary for the
whole county, the Kerr County Appraisal District. And if
you go through that, on Page 10 -- 9 and 10, there's a
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breakdown of the kinds of exemptions there are and so forth,
so there's more detail. So, if you need more information
about who's really paying the taxes and who's not, I'd urge
you to get -- go into that document from the Assessor's
office -- or the Kerr County Appraisal District is where
they have it. It's a big book about that thick. And, for
instance, on the disabled veterans in the county, there are
eight -- if I'm reading it right, there's 874 disabled vets,
and the taxes -- the exemptions on there, that's on the
value of 9 million 21 thousand some-odd dollars. So, there
are disabled veterans getting tax exemptions. There are
actually 340 disabled people that are not getting tax
exemptions because of the County, but getting disabled
exemptions from some other entity, so a lot of people are
getting some relief. And I'm not trying to say that people
who really need relief -- I agree with the gentleman from
out at Comanche Trace. You have to be careful and look at
the tax structure overall. But taxes are basically unfair;
there just isn't any other way of looking at it. And so you
just got to try to make them the least unfair as you can.
Thank you.
JUDGE TINLEY: Thank you, sir. Okay. Is
that all? Are we going to do a round two here?
MR. BLANKENSHIP: I have a 20-second
postscript.
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JUDGE TINLEY: All right, sir.
MR. BLANKENSHIP: My name's Don Blankenship.
It's 250 Wharton Road; I forgot to give that already.
Postscript is this. If you broaden your tax base with
citizens that aren't a burden to the government, and that's
what we've done out there, then everybody's taxes can stay
low, senior as well as young people. And we have proved it
out there with the city of Surprise and the three Sun Citys
that surround it now. Everybody's taxes are relatively low
because of the tax base being so broad, and they don't
burden the system with kids in school and all the other
things that younger people burden the system with.
JUDGE TINLEY: Thank you. Is there anyone
who has not had the opportunity to speak that wishes to be
heard? That's who I want to give first -- yes, ma'am?
MS. RECTOR: I'm Paula Rector, County Tax
Assessor/Collector. This topic could be argued both ways,
and since I am under 65, I kind of look at it as most of the
people that are under 65 look at it. But just a few
statistics that we've been working with, trying to gather
the information to see what kind of impact this was going to
have at the county level. At this point, we have 5,951
accounts that are over-age and disabled. The total assessed
on these accounts is $626,849,047. That's the assessed on
these accounts, 5,951. That would mean the tax amount of
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$2.1 million which wculd be frozen. We don't know what the
impact is going to be at this point; we won't know for a
couple of years. As people turn 65 and apply for their
over-age exemption, they qualify. People are living longer.
Surviving spouses 55 and older qualify when the over-65
person dies.
The over-65 people do have options that we do
not have. They have the option to make their taxes in
quarterly payments, which kind of spreads it out for them
over a period of time. They have a half payment option
which is -- all taxpayers have that option to pay their
taxes in two equal installments, the first paid in November,
the second half in June. Kind of spreads it out. Some of
us pay our taxes that way. They have their quarterly
payments. They also have the deferral, which only applied
to taxpayers over 65 that were delinquent. Now it applies
to -- anyone over 65 can file a deferral. They can make
payments on their taxes. $10 a month, whatever they bring
us, we accept. The interest is lower. It goes from
12 percent to 8 percent, so there's a lot of things that the
over-65 people have the advantage of, where those of us do
not. The tax burden, then -- yes, it will shift down to the
business property owners and to the homeowners that are 65
and younger.
Just some of the things that I wanted to
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point out, we might take a look at a dollar-amount exemption
instead of a freeze. That would benefit everyone, and not
just the people over 65. If we did a $15,000 or $20,000
exemption, that would benefit everybody that pays taxes, and
not just for the people that are over 65. It's just
something to think about, something to look at when we're
trying to decide which way we want to go with this.
JUDGE TINLEY: Thank you.
(Applause.)
JUDGE TINLEY: Anyone else?
MR. GIBBON: Can I get another 10 seconds?
JUDGE TINLEY: All right, sir. I've got my
watch here. Now, I'm going to hold you to it.
MR. GIBBON: All right. It's Bill Gibson
again. The certified total market value is 3 billion versus
the assessed value. You know, the total market value is
only as good as if you sell it all. I'll leave it there.
JUDGE TINLEY: Thank you.
MR. SKOOG: Hi, I'm Wally Skoog. I live at
201 Wedgewood. Been hearing a lot about your -- the moneys
being spent. A lot of us are rich, a lot of us aren't. And
I guess I keep thinking that when I was working -- in fact,
last year, I still contact some of the people there, and
they were complaining that they had a 3 percent increase --
increase in their wages. This year I had someplace between
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1 and 2 percent on a third of my value -- a third of my
income, so I'm figuring that I'm getting someplace about a
.5 percent increase per year. Now, cost-of-living doesn't
go up very much; only goes up 1 or 2 percent. But the
insurance costs on my Medicare went up a heck of a lot more
than that. And one gentleman said when you get 65 and you
can't afford your taxes any more, you move, and I think that
there's a lot of us out here -- it doesn't make any
difference how much we're getting. If we're in the $30,000
bracket or the $40,000 bracket, we still are just barely
getting anything at all. And most of the people that are
younger -- at least when I was younger, I was increasing
my -- I was doubling my wages every 10 years. I think a lot
of people do that. Maybe now it's 15. But as a senior,
I'll double my wages someplace around the time I hit 210.
(Laughter.) You know, so I think the elderly people do have
a problem. Thank you.
JUDGE TINLEY: Thank you, sir.
(Applause.)
COMMISSIONER BALDWIN: I knew it. I knew it.
I knew it.
SHERIFF HIERHOLZER: You knew I'd say
something. I'm going to say something just real quick, and
it's -- it's kind of talking on both sides. Yeah, I know,
set your watches. You haven't heard that in a while. As a
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citizen, you know, when I retire -- and I'm definitely
looking towards that, but the way my retirement is set up
through the County, and county retirement is probably like a
lot of people is, when I retire, I get about half of my
salary, and it's froze at that until the day I die. There
are -- it's not like some state employees that get
cost-of-living raises with it. When my wife retires --
she's been a schoolteacher for 25 years -- she gets no
Social Security, so her retirement is set too. So, the set
income -- I'm looking at it the other way. I'm younger; I'm
not there yet, but yes, when I retire, for me to be able to
afford my home and that, they need to be frozen. And the
other point of view is, with law enforcement and being the
Sheriff, the concern I had is you cannot cut law
enforcement. From what I've seen, being an officer in this
county for 24 years, it's not going to do anything but grow.
The demands on law enforcement are getting more and more,
and it's going to cost more and more money. When I started
with the Sheriff's Department 24 years ago, it was a 10-man
department, and we had about five inmates in jail. Now it's
a 94-person department and we got about 160 inmates in jail.
There are other ways to cut those costs. One way I see that
I complained about largely, and intend to keep complaining
about, is the cost of housing inmates. We have two very
nice courtrooms up here, and we have 12 trial days a year,
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so I have inmates sitting out there that we take care of
their medical, their dental, their housing, their food and
everything, and they're sitting out there over a year just
waiting to go to trial. We have two district courts in this
county, and I think if we all work together, there can be
other ways to cut the cost on all of us. But, personally,
yeah, I think the taxes should be froze for that age, 'cause
at that age, we've all worked all our life to get to that
point, to retire. That's the main thing we all look forward
to do. And it's wrong if we can get to that point and then
we cannot afford to retire. Thank you.
JUDGE TINLEY: Thank you.
(Applause.)
MS. WELLBORN: I'm Dorothy Wellborn, and I
came back -- my roots are here deep. I was raised on a
ranch out between here and Bandera, and I -- my taxes have
almost doubled. And when you go, they'll give you maybe a
little bit off, but not very much. And they talk like us
old folks don't pay anything. I've paid taxes ever since
I've been here, and if they're frozen, they're frozen for
that group, but there are new people moving in all the time.
And if you get enough of us old folks, you'll have a lot
more money, but if you keep cutting what we can -- where we
can't make our payments, you're going to lose a lot of us.
And I don't know why it's such a -- well, what shall I
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say? -- such a major thing as it's old folks against young
folks. It's almost like they talk about the generation gap.
When I grew up, we didn't have a generation gap, and we
didn't have old folks versus young folks either. We're --
we'll still be paying money. We just will know what we're
going to have to pay instead of having to worry about what
we'll pay next year. And I don't see why -- it's been voted
that -- that it would be cut, or it would be frozen, so
that's the way I stand on it. I don't see that we're so bad
being old.
(Applause.)
JUDGE TINLEY: Thank you. Seeing no one else
rise or otherwise wave their arms wildly to get my
attention, I want to thank all of you who participated here
today. We appreciate your comments. I assure you, we've
heard them, and we appreciate your effort and taking the
time to come and be with us here today and to let us know
what's on your mind. At this time, I will close the public
hearing, and we will reconvene the Commissioners Court
meeting at 10 after the hour, 11:10, downstairs. Thank you
very much.
(The public hearing was concluded at 10:58
a.m., and the regular Commissioners Court
meeting was reopened.)
(Recess taken from 10:58 a.m. to 11:10 a.m.)
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JUDGE TINLEY: Okay. Let's reconvene the
Commissioners Court meeting posted for this date. It's
about 12 minutes after 11:00. I think the clocks upstairs
are somewhat different from the clocks down here. But, be
that as it may, next item on the agenda is Number 7,
discussion of professional service proposals received for
the Texas Community Development Program projects, and
consider resolution designating the professional service
providers for the T.C.D.P. projects. We have Mr. Dave
Tucker with Grantworks with us today, who's --
COMMISSIONER WILLIAMS: Mr. Kaviani's here
today.
JUDGE TINLEY: -- been overseeing this
project, and Mr. Kaviani, our project engineer on previous
projects. Mr. Tucker?
MR. TUCKER: Judge Tinley, Commissioners,
good morning. Thanks for seeing me this morning.
COMMISSIONER WILLIAMS: Speak up, Dave, or
move the mic up.
MR. TUCKER: Is this better? Is it on?
Okay. In 2002, the County applied for and was awarded a
Community Development Grant from the Office of Rural
Community Affairs in the amount of $250,000 to construct a
sewer line along Ranchero Road up in Kerrville South, from
State Highway 16 to Contour Drive. The purpose of this
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grant was to provide sewer service to 25 households in that
area. We applied during the 2003/2004 program cycle, and it
was awarded for the 2004 program year. The Office of Rural
Community Affairs is creating the contracts right now
between the localities that received those grants, including
Kerr County, and the agency, and they could be distributed
anytime between this month and, I'd say, about June. It's
just how long it takes them to create these contracts. The
reason I'm here today is Grantworks has submitted a proposal
to assist the County in administering this project when it
becomes active, and my company's pleased to submit that
proposal and would like the Court to consider a resolution
designating Grantworks as the grant administrator on this
project and Tetra Tech as the engineering firm on this
project after you consider the proposals that you've
received.
JUDGE TINLEY: Where are we on the
advertisement on these administrative and professional
aspects of -- of these new projects?
MR. TUCKER: Yes. An ad was run in the
Kerrville Daily Times -- let me check the date.
COMMISSIONER WILLIAMS: Probably January 30.
MR. TUCKER: I believe so. Yes, that's
right, thank you. Friday, January 30th. We also mailed the
Request for Proposal package to five area consulting
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engineers and five area grant consultants as well. The
proposals were due on February 20th.
COMMISSIONER WILLIAMS: Did they come to the
receipt of the County Clerk or what?
MR. TUCKER: Yeah, to the office right here,
I believe.
MS. SOVIL: Treasurer's office.
MR. TUCKER: Treasurer's office?
MS. NEMEC: I received a packet, and it was
given to the County Clerk's office. I received a packet and
I gave it to the County Clerk's office, where the proposals
always go to.
	COMMISSIONER	LETZ: Only -- I	mean, I
guess --	are Tetra Tech and	Grantworks the only two
proposal	s we received?		
	MR. TUCKER:	I believe so.	
	COMMISSIONER	LETZ: Okay.	
	COMMISSIONER	WILLIAMS: Okay?	And if we --
if they'	re the only ones we	receive, we can	avoid the
scoring	process that's required by O.R.C.A.;	is that
correct?			
MR. TUCKER: Yes, sir, that's correct. If
you only received one proposal for each activity, then you
don't need to rank and score.
COMMISSIONER WILLIAMS: And Grantworks is the
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administrative company involved; has been since the
beginning.
MR. TUCKER: Yes, sir.
COMMISSIONER WILLIAMS: Tetra Tech has done
the engineering on Phases 1, 2, and -- whatever.
MR. TUCKER: Mm-hmm.
COMMISSIONER WILLIAMS: Currently.
MR. TUCKER: That's correct.
COMMISSIONER WILLIAMS: And would continue
doing engineering for the balance of the system; is that
correct?
MR. TUCKER: Yes, sir. This is in regards to
Phase 4, which is the final phase of what could be
considered the larger Kerrville South sewer project.
COMMISSIONER WILLIAMS: Judge, I would move
the resolution that would authorize Grantworks to be awarded
the contract to provide T.C.D.P. project-related
administrative planning and management services, and that
Tetra Tech, Incorporated, should be awarded a contract for
T.C.D.P. project-related professional engineer services for
the -- for the grants that have been awarded to Kerr County
for the remainder of the project.
JUDGE TINLEY: Those are the program years
'04 through '06?
COMMISSIONER WILLIAMS: Yes.
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JUDGE TINLEY: T.C.D.P. grant project.
COMMISSIONER WILLIAMS: Yes, sir. And
authorize County Judge to sign same.
COMMISSIONER BALDWIN: Judge, I second that
motion, but I have a question.
JUDGE TINLEY: All right. Motion's been made
and seconded. Questions or discussion?
COMMISSIONER BALDWIN: What -- tell me,
how -- how do we know that we've received only one bid per
function? We don't know that, do we?
COMMISSIONER WILLIAMS:
MS. SOVIL: That's all
COMMISSIONER BALDWIN:
everything that's going to be accepte
COMMISSIONER WILLIAMS:
gone.
Yes, we do.
we have.
So they've all --
d has come?
The time has come and
COMMISSIONER BALDWIN: Time has come and
gone. I didn't understand that part.
MR. TUCKER: Yes, sir.
COMMISSIONER BALDWIN: Very good.
COMMISSIONER WILLIAMS: One of each has come
forth.
COMMISSIONER LETZ: I guess I have a
question. And I -- you may not be able to answer the
question. I can see that the administration is somewhat
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specialized, and it's not real surprising to me that
Grantworks was the only one that submitted a bid. On the
engineering side, is it customary to only have one
request -- I looked at the list, and those are pretty large,
aggressive --
MR. TUCKER: Sure.
COMMISSIONER LETZ: Not, certainly, large. I
guess, regional engineering companies that are pretty
aggressive. Is there a reason they wouldn't -- I mean, is
this rate lower than normal or something?
MR. TUCKER: It's really not unusual. I'm
going through the RFP process for about 10 or 15 localities
this year alone, and typically we only get one proposal for
each. I mean, for one thing, I believe other engineering
firms are aware that Tetra Tech did create the preliminary
plans for this application, and one of the dominant scoring
factors is former experience with the county. I believe --
although I don't have it in front of me, I believe that's 40
of the 100 points, is prior experience. And so -- and those
scoring criteria are listed on our RFP packet that each
engineer received.
COMMISSIONER LETZ: There is something -- as
an example, as far as this -- rather than thumbing through
it, C.E.C. was one of the other companies you sent it to.
The County has done work with C.E.C. before. They certainly
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have a good reputation.
MR. TUCKER: Yeah, that would have helped. I
can't explain why other firms have not -- have not submitted
proposals.
COMMISSIONER LETZ: So that I -- anyway, it
just seemed odd to me that -- 'cause, I mean -- and we've
done business with H.D.R., C.E.C. We've done others.
MR. TUCKER: Sure.
COMMISSIONER WILLIAMS: You raise a good
point. I think the record ought to reflect to whom
invitations for RFP went. Tetra Tech of San Antonio, Garcia
& Wright of San Antonio, Klein Engineering of San Antonio,
Civil Engineering Consultants of San Antonio, HDR-Simpson
Engineering, all San Antonio. And in terms of consulting
services for administration, the packages -- RFP packages
were forwarded to Grantworks, Incorporated, David Waxman &
Associates, Langford Community Management, Lucas Consulting,
and Municipal Consulting Services. So there were, what,
five or six in each category.
MR. TUCKER: May I ask, did any engineering
firms submit a form saying, "Thank you for the opportunity,
but we're not submitting a proposal at this time"?
MS. SOVIL: Not to me.
MR. TUCKER: Okay. That's --
COMMISSIONER LETZ: It just, you know --
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COMMISSIONER WILLIAMS: It is unusual.
COMMISSIONER LETZ: I guess they're --
MR. TUCKER: Yeah, it seems unusual from this
point of view, but that is typically what happens with these
projects.
COMMISSIONER LETZ: Okay.
JUDGE TINLEY: In addition to the specific
invitations that were given to the entities mentioned by
Commissioner Williams, there was also the public notice --
MR. TUCKER: Yes, sir.
JUDGE TINLEY: -- generated, which was notice
to the world --
MR. TUCKER: Yes.
JUDGE TINLEY: -- that they could submit a
proposal.
COMMISSIONER WILLIAMS: And particularly any
local engineering groups that might have been interested.
MR. TUCKER: Right, advertised in the local
Kerrville paper. We did not advertise it in the San Antonio
paper, for various reasons.
JUDGE TINLEY: Any more questions or
discussion concerning the motion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
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(No response.)
JUDGE TINLEY: The motion does carry. Next
COMMISSIONER WILLIAMS: Judge, before you go
on, could we just take just one second just to bring the
Court up to date on where we are at the tail end of Phases 1
and 2?
MR. TUCKER: Sure, be very glad to give
you --
COMMISSIONER WILLIAMS: Go ahead and give us
a quick summary, if you will, Dave.
MR. TUCKER: Phase 1 includes adding sewer
lines in The Woods Mobile Home Park. The lines have been
laid. All the sewer lines are in the streets, and they are
nearly done making individual house connections; that is,
laying the yard lines so that each house can be hooked up to
the system. I believe an agreement is in place between the
City of Kerrville and the Upper Guadalupe River Authority.
COMMISSIONER WILLIAMS: Is it?
MR. TUCKER: On treatment. They're almost
ready to turn the valve, as it were, and have the sewage
start to flow, but they're trying to figure out, does the
construction need to be absolutely complete for the science
to be completed, or substantial completion or what? But we
are very close to having each individual house connection
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made, and hopefully within a month or six weeks of sewage
actually flowing, which would be a nice step after two and a
half years of work.
COMMISSIONER WILLIAMS: I think one of the
final steps the City had required was the smoke test --
MR. TUCKER: Yes.
COMMISSIONER WILLIAMS: -- of the lines, and
it met the City's requirements.
MR. TUCKER: Excellent.
COMMISSIONER WILLIAMS: Whatever.
MR. TUCKER: So we've been working, it seems,
for a little while, but we're close to Phase 1 being
complete. Phase 2 and 3 are lots of sewer lines on Loyal
Valley Road and also Frederick and George Muck Road, which
is just west of the Oak Grove Mobile Home Park that we've
hooked up. We hope to bid out both Phase 2, which is a 2002
contract year with O.R.C.A., and Phase 3 in one big bid for
economy of scale. So, I think the thinking was, if it's a
larger construction project, we may be able to get more
favorable bids and be able to do more work for that amount.
Myself and Kamran and U.G.R.A. have been working with the
County on acquiring easements for that property. We're
continuing -- the necessary easements to lay those lines.
We're continuing to work on getting those easements, and
hopefully we'll bid out Phase 2 and 3 together very soon.
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Phase 4, the one that I was talking about with our
administration/engineering contracts, the state contract
hasn't even been executed for that yet, so that won't even
become a live contract until sometime between now and June.
So, we're a little bit behind schedule, but we're catching
up, and when we bid out Phase 2 and 3 together, I think
we'll be caught up. I think we'll be in excellent condition
to start Phase 4.
COMMISSIONER WILLIAMS: Thank you, Dave.
MR. TUCKER: Any questions about that?
COMMISSIONER BALDWIN: Thank you.
MR. TUCKER: Okay. Thank y'all.
JUDGE TINLEY: Appreciate it.
MR. TUCKER: Thank you.
JUDGE TINLEY: We'll move to the next item on
the agenda, Number 8, consider and discuss burn ban status.
Commissioner Letz.
COMMISSIONER LETZ: As my memo in the backup
said, I believe the burn ban officially expires today, and I
put it on the agenda so we can either extend it or not
extend it. And the other part of the backup -- and I
thought it was done, but I didn't get a copy. And the
County Attorney's here. The request for information related
to burn ban, I thought that it was done, but -- and you
were -- and I thought you had said that Commissioner
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Nicholson had a copy of it or something to that effect.
MR. MOTLEY: No, I was saying last time we
talked that I thought that was where it was to be directed.
COMMISSIONER LETZ: I'm sorry.
MR. MOTLEY: I don't know -- the information
is done. I don't know that it's been printed or
disseminated. I'm not positive about that part, but I can
find out.
COMMISSIONER LETZ: I mean, it's something I
just want to keep it up on the burner so that we can address
it when you get that, because I think that's something --
something that's apparent, and we need to get it addressed,
really, before the summer months come, when the danger of
burning gets far greater. My personal feeling is that we do
not need a burn ban right now, but I'm willing to have one,
and then we can suspend it. Makes no difference to me.
COMMISSIONER BALDWIN: Well, wouldn't -- it
just makes more sense to me to have one in place and suspend
it if we -- if need be, than to need it and -- and us not be
here.
COMMISSIONER LETZ: Make a motion.
COMMISSIONER WILLIAMS: I agree with that.
COMMISSIONER BALDWIN: I move that we extend
the burn ban.
COMMISSIONER WILLIAMS: Is that an automatic
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90 days or what?
COMMISSIONER BALDWIN: Yeah, automatic 90
days.
COMMISSIONER WILLIAMS: I'll second it.
JUDGE TINLEY: That's with the understanding,
as in the past, where each individual Commissioner has the
authority to lift or reimpose by notification to the Court's
administrative assistant, who will then disseminate that
information in accordance with however -- how it was
directed at the last meeting?
COMMISSIONER WILLIAMS: And prescribed burns
are permitted with a plan in place.
JUDGE TINLEY: Yeah.
COMMISSIONER BALDWIN: I wouldn't say it
exactly like that, but yes.
JUDGE TINLEY: Okay. Motion made and
seconded to reinstitute the burn ban. Any further questions
or discussion? All in favor of the motion, signify by
raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
COMMISSIONER WILLIAMS: Judge, I want to
suspend it in Precinct 2 for two weeks, effective
immediately.
COMMISSIONER LETZ: And 3.
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COMMISSIONER NICHOLSON: And 4.
COMMISSIONER LETZ: I've already -- I said
yes, I'm extending mine.
COMMISSIONER BALDWIN: Did you get that nod?
That was a cool nod.
COMMISSIONER LETZ: Mainly for the press, I
think it's been suspended in all four precincts for two
weeks.
COMMISSIONER BALDWIN: Are you --
JUDGE TINLEY: To expire exactly when?
COMMISSIONER LETZ: I think --
COMMISSIONER WILLIAMS: At noon two weeks
from today.
MS. SOVIL: No, tomorrow. Noon tomorrow.
COMMISSIONER WILLIAMS: Noon tomorrow.
MS. SOVIL: Two weeks from -- which would be
the 23rd.
COMMISSIONER WILLIAMS: Noon tomorrow.
JUDGE TINLEY: Noon on the 23rd.
COMMISSIONER WILLIAMS: The reason we said
noon was -- remember, we were talking about we're taking
back this notification about it, and it gives Ms. Sovil or
whomever an opportunity to get that information in and put
it out on the tape, so noon makes a better time frame than
7 a.m.
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COMMISSIONER LETZ: And to do it the day
after we meet, as opposed to the day we meet. Okay.
MS. SOVIL: Noon on the 23rd, it goes back
into effect unless you extend it again.
COMMISSIONER LETZ: Correct. Did we vote?
JUDGE TINLEY: No. All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Thank you.
COMMISSIONER WILLIAMS: I thought we voted.
COMMISSIONER NICHOLSON: We voted twice, and
it came out the same way both times.
COMMISSIONER BALDWIN: We're getting good at
it.
JUDGE TINLEY: Commissioner Letz made the
inquiry, and -- better to have two than none at all. Okay.
Next item on the agenda, consider and discuss with the
County Attorney whether Commissioners Court has authority
over the pending health insurance claim as a civil matter.
Commissioner Letz.
COMMISSIONER LETZ: I put this back on the
agenda 'cause I was confused after the last meeting and
my -- the discussion we had with the County Attorney. You
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know, and by looking at the Attorney General's opinions and
some information that was provided from the Attorney
General's office, you know, to me, this issue is a
Commissioners Court issue, not a County Attorney issue. And
the issue, I mean, really -- and I have prefaced this by
saying that this has nothing to do with what we're doing;
it's just a matter of -- from a county government
standpoint, as to who is in control of it, who has
authority, and I think that is important. And by my reading
of it, this is clearly a matter that is under the
jurisdiction of the Commissioners Court as a civil matter.
I put in the copies or excerpts of the Attorney General
Opinion C-256, Attorney General Opinion GA-153, and excerpts
of what's been referred to me as Brooks' Treatise, county
and special district law, which I presume is some sort of a
book that comes out that interprets state law. That -- the
pages I got that are attached came from the Attorney
General's office. So, I mean, that's just -- you know, I
put it on there because I think this is an important
long-term issue as to who has the responsibility for civil
matters in this county. That's why I put it on the agenda,
and I'll make a motion that -- to reaffirm that the pending
health insurance claim is a civil matter, is under the
authority of the Commissioners Court.
COMMISSIONER WILLIAMS: I'll second it.
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JUDGE TINLEY: Motion made and seconded that
the pending health insurance claim is under the authority of
the Commissioners Court. Commissioner, you indicated that
this item had nothing to do with what we are doing, but had
long-term implications. I'm not sure I understand what you
mean by that.
COMMISSIONER LETZ: Well, I don't see that --
or, you know, the Court -- as a civil matter, the Court has
a -- you know, uses the County Attorney, and we've asked him
to hire -- or authorized him to hire outside counsel, which
he's done -- I believe he's done; I'm not sure. And I'm not
changing any of that. But I think it's a -- the distinction
is -- is that this is, you know, our jurisdiction and
responsibility, not the statutory authority of the County
Attorney's office. And I think that's an important
distinction as to down the road. And it may or may not be
an important distinction. I don't know if it will affect
this particular issue, but I think that there is an issue
over -- say we got into some kind of a -- you know, other
civil dispute over a traffic accident in a Road and Bridge
vehicle or something like that, which is one that
specifically says is our jurisdiction, on damage done, you
know. And I think that this is a clear question of -- you
know, of kind of interpretation of state law as to who has
authority over civil matters, such as the health insurance
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claim. And by the -- you know, I believe the Attorney
General's opinions that I submitted and the excerpt from
those provided me from the Attorney General's office, I
think it's clear. And I think the route is that if the
County Attorney -- and the reason I've phrased the motion is
that if the County Attorney thinks that I'm wrong, and if we
pass this, that the Court is wrong, the correct way to
resolve it is for the County Attorney to request an Attorney
General's opinion, and I would welcome him to do that if he
thinks that. But I think, from talking with the Attorney
General's office, this is how we proceed best, is if we pass
an order and say we think it's a responsibility of the
Commissioners Court. And then, if he disagrees with that
court order, then he's the one who can request an Attorney
General opinion. And that's, as I understand it, the
process from talking with the Attorney General's office.
JUDGE TINLEY: It's my understanding that --
that the effect of the motion that you made would specify
what is the legality or not of -- of the substance of your
motion, that being civil matters generally. Is that what
I'm understanding?
COMMISSIONER LETZ: Well, I think the
specific issue that we're talking about is a civil health
insurance matter, and I think that the -- you know, the next
step is pretty much broader than that. But, I mean, I don't
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want to -- I don't see the point in coming up with some
scenario that's not a factual scenario, that we're dealing
with right now. It's like a what-if. I don't care about
the what-if, really, but I do care about a specific issue
that there seems to be a question as to who has the
jurisdiction over it, and by my reading of the opinions I
cited, I think that it's the Commissioners Court.
MR. MOTLEY: Can I ask you a question? What
do you mean by "jurisdiction"?
COMMISSIONER LETZ: I guess who's
responsible.
MR. MOTLEY: The Commissioners Court, I
think, has always been responsible on the issue. Are you
talking about jurisdiction of who represents the County,
or -- or what?
COMMISSIONER LETZ: It could be. I don't
think -- I mean, I'm not advocating -- I think that's a
different issue. I think if the Commissioners Court
decides -- if they don't want to use the County Attorney as
our civil representative on this, I think that would -- you
know, it's possible. I'm not advocating that. I don't see
any reason to do that. I'm just saying as to who has -- you
know, who is the party that is -- has jurisdiction, has
responsibility, has authority; I don't know what the proper
legal term would be. But by, you know, the opinions that I
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read, civil issues of this nature seem to come under the
Commissioners Court responsibility.
MR. MOTLEY: Those two opinions -- those two
opinions you read said that -- that the Commissioners Court
could hire outside counsel on certain issues.
COMMISSIONER LETZ: Sure.
MR. MOTLEY: Is what they said.
COMMISSIONER LETZ: And they also said that
the -- that there was -- the County Attorney is not
responsible for civil matters. And then you -- and,
certainly, they -- you know, we have the ability to make the
agreement with you or any county attorney in our
jurisdiction to represent us in civil matters, and that's
what we have done and are doing right now. But it -- yeah,
just leave it at that. I mean, you are the choice of this
Court to use on our civil matters, as long as you're willing
to do it, and at the moment, I think you are willing to do
it. But I think that it's -- clearly, it's as to whether --
it's who has responsibility for it. That's all I think my
motion says.
COMMISSIONER NICHOLSON: Let me have a shot
at the definition to make sure I understand what we're
doing. Whether we're plaintiff or defendant, your motion is
saying that we have the authority to decide how we're going
to be represented. We can go outside and hire an attorney
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as an action of the Court, or we can ask the County Attorney
to represent us.
COMMISSIONER WILLIAMS: In civil matters.
COMMISSIONER LETZ: In civil matters, yes,
that is correct. And from the reading of the language, the
-- our civil attorney can charge us if we -- I mean, it's an
agreement. It's just like -- we would hire him like we
would hire outside counsel. He has not chosen to, and the
agreement is that the staffing -- well, we don't need to go
over all these issues.
COMMISSIONER NICHOLSON: Do you agree with
that definition, Mr. Motley?
MR. MOTLEY: Well, I'm -- I'm not real sure
that -- that I understand the impact of what is
contemplated. If that means we have to go on a case-by-case
basis and decide what the situation is -- or are we just
assuming kind of a status-quo unless something else comes up
or what? I'm not sure how that affects us.
COMMISSIONER LETZ: I think the -- you know,
I guess the potential impact would be that if the Court
decides they do not like your handling on this particular
matter or on some other matter, we can say no, we're going
to switch to outside counsel. That's what the impact is.
It's our decision as to who handles it for us. And that's
all this says.
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MR. MOTLEY: Let me also tell you there's a
substantial line of authority that says that the outside
counsel hired by the County does have to function through
the County Attorney. The County Attorney acts sort of as a
gatekeeper of information and regulates outside counsel.
There's a lot of cases to that effect that are still law, so
I'd just remind you of that.
COMMISSIONER BALDWIN: That's a good thing.
I like that.
COMMISSIONER LETZ: I'm not -- I mean, I'm
not -- this is not intended to be an adversarial agenda
item. I mean, I'm just trying to, you know, clearly say who
has responsibility for this, because I think it got very
clouded in some of our previous meetings that were maybe not
as calm. That's all I'm saying.
MR. MOTLEY: I don't know if I answered
Commissioner Nicholson's question or not.
COMMISSIONER NICHOLSON: Yeah.
JUDGE TINLEY: You're stating as a legal
conclusion -- your motion states as a legal conclusion that
this Court generally, in all things dealing -- of a civil
nature, has authority over who handles those matters.
COMMISSIONER LETZ: I mean, by my -- I think
that's something that I'm trying to clarify. I think my
motion is more specific than that. And I think that -- and
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the reason I was specific is that there -- from my reading,
there are a number of almost county-specific statutes,
evidently, where the County Attorney does have specific
civil authority. And I'm -- you know, I have not researched
all those, and I presume that the County Attorney would, you
know, let us know and provide us that documentation if this
county, you know, has something on the statute that says
health insurance matters are handled by the County Attorney.
I mean, I don't think that -- it doesn't make logical sense
that there is that, but this is clearly -- as an example, in
my reading, I believe it's Waller County, there is evidently
a statute that the County Attorney represents the Court on
civil matters, period. And, you know, so I think there are
times when they do, and the statutes have been modified
accordingly. I'm not aware of any under this county; that's
why I was specific in this instance, because there may be
some instances where the County Attorney, by statute, is
required to represent the Commissioners Court. I don't
know.
COMMISSIONER NICHOLSON: Okay, I'm going to
try one more time, just a little different twist,
Mr. Motley. In a civil matter, whether or not we're
plaintiff or defendant, can you think -- and we decided to
hire an outside attorney to represent us, can you think of
any instances where you would object to that?
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MR. MOTLEY: I wouldn't want to preclude my
being able to object to it. Because the leading cases --
I'm not talking about A.G. opinions. A.G. opinions are law
until there's a case on the matter, and the leading case on
it did not address whether or not the criminal District
Attorney of Galveston County objected to the arrangement of
outside counsel or not. He did not object. They said that
they did not know what the opinion of the Court would be had
this man, Mr. Waureno, objected, and that's the leading case
on it. So, an A.G. opinion has limited authority if there
is a case on the matter, and there are cases on the matter.
So I can not -- I don't want to preclude myself from
objecting, because there may be some things that I'm more
able to -- you know, more able to handle than outside
counsel, or there may be things that I can handle at a
greater cost savings than having outside counsel. So, my
fees are the same.
COMMISSIONER WILLIAMS: Well, if I understand
the sense of the motion correctly -- I'm sorry. Are you
finished, Dave? It seems to me to be summed up rather
succinctly in a quote from the Supreme Court's case in 1923,
in which it said, among other things, "We think there can be
no doubt that a commissioners court, under its authority to
control and manage the finances and business affairs of the
county, has power and authority to employ attorneys to
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assist the regularly constituted officers of the county in
the prosecution of its claims and suits." Then, "It would
necessarily follow that it would be authorized to pay for
such services out of the county funds." That comes from
Adams vs. Seagler in a 1923 Supreme Court ruling.
MR. MOTLEY: I think there's some language
omitted from that. It depends on the -- whether or not
there's specific grant of authority for the County Attorney
to handle certain issues, number one, and number two, if
the -- well, I know it depends on whether the County
Attorney has a specific legal authority to handle that
issue. That's the primary concern, because there could be
plenty of times where outsourcing the legal services would
be usurping the County Attorney's specific authority. And I
don't think that's addressed in that case. I don't think
it's just blanket authority to do that.
COMMISSIONER LETZ: And I agree with what the
County Attorney is saying right now.
JUDGE TINLEY: Then the motion would
constitute a judgment or opinion of the Court as to the
legal status of this Court relative to civil matters.
That's what I'm hearing.
COMMISSIONER LETZ: The motion is to a
specific one related to the health insurance claim.
JUDGE TINLEY: Okay. Okay, only as to that
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one, but otherwise it constitutes a judgment or opinion of
the Court with respect to that particular civil matter.
COMMISSIONER LETZ: Yes.
JUDGE TINLEY:
or discussion on the motion?
signify by raising your right
(The motion ca
JUDGE TINLEY:
(No response.)
JUDGE TINLEY:
Okay. Any further questions
All in favor of the motion,
hand.
rried by unanimous vote.)
All opposed, same sign.
Motion does carry.
COMMISSIONER NICHOLSON: I just want to
comment -- make one more comment on it. I want to be clear
that -- that my vote in favor of this motion is limited to
whether or not we have the authority. It's not on
procedures, methods, or anything else. It's authority only.
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: I think the Commissioner, when
he offered his motion, said it didn't have any -- had
nothing to do with what was actually being done in the case.
That was excluded; didn't want to change that. Is that --
COMMISSIONER LETZ: That's right.
JUDGE TINLEY: Is that --
COMMISSIONER LETZ: Just says who handles it.
JUDGE TINLEY: Next item is Number 10,
consider and discuss if the County Attorney represents the
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Commissioners and County Judge in civil and criminal matters
related to the health insurance claim. There's obviously a
different shade here, but maybe I missed it.
COMMISSIONER LETZ: Well, this -- I put this
on the agenda because a question came up in my mind, reading
all the other information, about the civil matters. And the
question is -- that I have is that -- and this is in light
of, you know, a memo that was written by the County Attorney
and other comments that have been made about potential
unlawful acts or something along those lines. The -- what I
have read says if the County Attorney is obligated or
responsible, whatever, for I guess giving opinions and
advice to all elected officials, including Commissioners,
he's kind of our -- on the criminal side, he's there as our
attorney.
MR. MOTLEY: Written. Written responses.
COMMISSIONER LETZ: Right. And my question
is, but it also says -- and I guess -- I presume -- well, I
don't know why they did this, but there are several
things -- amendments that have taken place in the 70's, as
recently as '99, that said, however, Commissioners and other
elected officials can hire outside counsel if they so
choose. And my question is, are you going to -- do you take
the position that you're going to represent -- if there's
something that was unlawfully done by a prior Court, and
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some members of the Court that are currently here, are you
going to represent us, or do you want us to go out and
handle -- hire outside counsel? That's my question. It's
really not a --
JUDGE TINLEY: Am I hearing that -- that you
have a concern that there may be some action brought against
you in which you personally are a party?
COMMISSIONER LETZ: I don't have a concern,
'cause I don't think there is, but I have a memo and some
comments that have been made by the County Attorney and
others that they think that something was done unlawfully.
And I want to know if -- you know, if that developed, and we
did -- I will make a note also that this -- by court order
at our last meeting, we asked the County Attorney to forward
this to the District Attorney for a criminal investigation.
I do not know if that has or hasn't taken place, but if the
situation arises where, you know, someone thinks -- or the
County Attorney thinks or someone thinks that something was
done unlawfully, I want to know who's going to represent me.
And I think Commissioner Baldwin had a similar comment early
on. Is it the County Attorney? Or does the County Attorney
want this Court or members of the Court to hire outside
counsel? That's my question. And maybe you don't know the
answer. But, I mean, it's an issue that concerned me when I
was reading through the -- the opinions that I read.
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MR. MOTLEY: Talking, again, about civil
representation or criminal?
COMMISSIONER LETZ: This is criminal that --
MR. MOTLEY: Criminal representation. You
know, to be honest with you, that is so -- that is strictly
a case-by-case analysis. It would have to be. The County,
through the County Attorney's office or through expenditure
of county funds to outside counsel, can provide criminal
counsel -- criminal representation to county officers,
depending -- depending on what has been done. It depends on
if there's a conflict of interest, number one. If a person,
and like myself, would have a conflict of interest, I'd have
to look at that and see if there would need to be an outside
attorney. It depends on the mental intent with which the
act was done by the particular county officer. If somebody
intentionally did something, for example, outside their
duties -- you know, outside their duties, they did something
illegal that was clearly outside their duties, then the
County could not spend money to defend that person, if
something was done intentionally. So, I think you really
have to say that that is to be determined on a case-by-case
basis as far as criminal representation.
COMMISSIONER LETZ: So, your recommendation
is that -- that we do nothing -- or members of the Court do
nothing and just rely on you for representation at the
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present time, as you would any elected official, and that
you will advise if you think we need to go a different
direction?
MR. MOTLEY: Well, I'm just not aware of any
criminal charges that have been brought. I mean, I --
COMMISSIONER LETZ: I hope not.
MR. MOTLEY: -- I'm not aware of anything
like that. And that was never -- as I've explained to the
Court, I know, several times, my intention on asking for the
Court's authority to hire outside counsel was to explore
whether or not the third option should have been presented
to us by our third-party administrator, and then to,
secondarily, look into where the monies that we advanced to
the third-party administrator were spent, what portion of
them have been paid back, what bills were paid by the moneys
we gave, or what the likelihood, if any, is of recovering
further funds. That's what -- that's what this inquiry is
about. I mean, there are other issues that may arise at a
later time, but, I mean, this is what -- this is truly --
I'm telling y'all the truth; this is what I'm looking into
at this point.
COMMISSIONER LETZ: But, I guess -- I mean,
so what your recommendation is, for the time being, you
represent us, and if I have a legal question about something
related to this, you're the person who's going to give me
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advice?
MR. MOTLEY: You're talking about from a --
from a criminal standpoint?
COMMISSIONER LETZ: I guess, yes. Or civil.
Really, I don't know that it's a distinction here, if it's
-- you know, but anyway --
MR. MOTLEY: Well, there's a distinction.
But, yeah, I would say you could certainly -- I would
welcome a question. If I'm unable for some reason to answer
it, I would give you a reason why not. I would be able to
tell you that there's a conflict or this or that or the
other. I hope I'll be able to tell you what -- I don't want
to leave you out there hanging out. I mean, that's not my
purpose at all. If something like that were to happen, I
would try to give you timely and sound advice.
COMMISSIONER LETZ: Okay. That's -- that
answers -- that was my question. Thank you.
JUDGE TINLEY: Anything further on that
particular agenda item? Hearing none, we'll move forward.
Number 11, consider, discuss and take appropriate action on
revisions to the job description for the coordinator of the
administrative services for the County Judge and
Commissioners Court. Commissioner Williams?
COMMISSIONER WILLIAMS: Thank you, Judge. I
put this on because I suspected that there might be another
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agenda item, which you have placed right behind this one,
which was as to how we might proceed advertising and
soliciting for applicants for the position, which is
currently called, I believe, the court -- the court
administrator -- coordinator/administrator. So, what I did
was I took a look at the existing job description that was
fashioned by the Nash people back in the year 2000, and in
my mind it was ambiguous and not clear and not concise, and
so I took the liberty of drafting another which I have
entitled -- what did I entitle that, Buster?
COMMISSIONER BALDWIN: Draft. Draft, draft,
draft, draft.
COMMISSIONER WILLIAMS: Draft, draft, draft.
COMMISSIONER BALDWIN: Stuttering a little
COMMISSIONER WILLIAMS: I entitled that one
Kerr County Commissioners Court Coordinator of
Administrative Services. And in that one, I listed some
dozen or more items which, from my five-plus years
observation of that position, I seem to detail what is
expected of the position holding -- a person holding that
position. So, I put it before the Court; let the Court take
a look at it.
COMMISSIONER BALDWIN: I have two comments,
Bill. Number one, we better get the correct title -- her
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correct -- his or her correct title, Bill.
COMMISSIONER WILLIAMS: I think you're right.
COMMISSIONER BALDWIN: And I think that is
Court Coordinator.
COMMISSIONER WILLIAMS: If that's what the
Court wants.
COMMISSIONER BALDWIN: For the -- well, I
mean, you know, for the pay scale and all of that, it's got
to fit in there somewhere. And so -- I mean, whatever --
but I wanted to also add this burn ban information as well.
COMMISSIONER WILLIAMS: Put burn ban down.
COMMISSIONER BALDWIN: To update the 792-HEAT
number and notify police departments, and don't forget to
call Rusty. Whatever you do, don't forget to call him.
COMMISSIONER WILLIAMS: For today's
discussion, would "burn ban responsibility" suffice?
COMMISSIONER BALDWIN: That would be
fantastic.
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER LETZ: Is that it, Commissioner?
COMMISSIONER BALDWIN: That's what I had.
COMMISSIONER LETZ: The only other comment I
the name, Pope? -- comments this morning. Ideally, it would
be very nice if this person could update the web site from
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the Commissioners Court's web -- or portion of the web site.
And I -- and I think that most -- or not most; many people
that may be able to have that capability or learn that
capability, and I think it would be a way for us to get
information out to the public on a much more timely basis
than the current process. And I don't think it's all that
hard to do once you just learn how to do it, 'cause there's
lots of people that have web sites and get the information
up to it. But, anyway, I'd just like to add that as a --
and I don't know if it's a -- a computer knowledge or a web
site knowledge. We want to put it in here in general terms,
but I think that would be something too that we would like
to see.
COMMISSIONER WILLIAMS: I don't disagree.
Let's ask Tommy what he thinks is involved in being a web
master upgrading the web site.
COMMISSIONER NICHOLSON: Updating or
upgrading?
COMMISSIONER WILLIAMS: Well, I guess it's a
current update, yeah. Is that a lot of work? Not so much
work? Could be a little bit of work? No work at all?
MR. TOMLINSON: I think it could be very
time-consuming, depending on how detailed you -- you know,
you get your web site. I mean, for instance, you know,
the -- the updating of -- of the court orders or the -- or
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the agenda on -- on the web site, if you -- if you try to
key in key words or if you -- if you have key words that are
highlighted within the body or within the -- within the
index that -- that relate to a subject within the body of
the -- of the minutes, then those kinds of things are fairly
tedious. And so, again, I think it just -- it really
depends on how detailed, you know, your web site -- you want
your web site to be.
COMMISSIONER WILLIAMS: Who does it now,
Tommy?
MR. TOMLINSON: Shaun is doing it now.
COMMISSIONER WILLIAMS: Do you believe he's
on top of it? Behind the curve, or --
MR. TOMLINSON: I don't know.
COMMISSIONER WILLIAMS: Well, if we're given
to believe -- and I have no reason to doubt what the
gentleman told us this morning. He sort of indicated that
we're not up to date.
MR. TOMLINSON: That could be.
COMMISSIONER LETZ: I mean, my idea would be
that -- I think Tommy's correct, that the more detailed and
fancier you get, it can take a lot of time. But I think the
burn ban information could be updated pretty quickly on it.
COMMISSIONER WILLIAMS: Mm-hmm.
COMMISSIONER LETZ: I think our agendas could
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be posted with no searches, and I think our minutes may be
able to be put up on there, just as a -- a blanket document.
If someone wants to -- it may be tedious for them to go
through it, but at least it would be available for them to
go through it.
COMMISSIONER BALDWIN: Well, I was going to
balk on the minutes deal because of the time frame.
Sometimes she has several meetings to get out at the same
time, and it doesn't come out -- we don't get our -- our
minutes on the same schedule every time.
COMMISSIONER LETZ: That's true.
COMMISSIONER BALDWIN: And once you commit to
putting the minutes on the web site and it doesn't pop up
there that very day, then we're going to get hung by
somebody.
COMMISSIONER LETZ: You might have a point.
JUDGE TINLEY: I don't think we can make a
commitment of when they're going to be there. She's got a
lot of responsibilities --
COMMISSIONER BALDWIN: Put them up, then.
JUDGE TINLEY: -- doing her reporting duties.
COMMISSIONER BALDWIN: I'm trying to avoid a
fight, but if y'all would rather fight, put it up there.
COMMISSIUNER WILLIAMS: I think as they
become available, it's a matter of just putting them on.
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COMMISSIONER LETZ: Either way, I just
think -- and minutes are -- I don't know. They're --
COMMISSIONER WILLIAMS: Voluminous.
COMMISSIONER LETZ: They're long. They're
difficult to go through on a computer for me, unless I
really know exactly where I'm looking. But, you know, it is
information that, if the public would like to have it, I
don't see any reason why we shouldn't make them available
when they're available. I just think that, you know, some
web site work could be -- we could get that work away from
Shaun, who has a whole lot to do, and get it into the -- you
know --
MR. TOMLINSON: That would be great.
COMMISSIONER LETZ: -- administrative
offices.
COMMISSIONER WILLIAMS: I've added two more
bullets, burn ban responsibilities and update web site as
required. And I wanted to make a note about number 7,
Judge, where it puts, "Schedules and prioritizes County
Judge juvenile and probate court dockets." I think a comma
there, "if requested" or "if required," because you may or
may not want that done.
JUDGE TINLEY: You may also want to add the
mental health docket. That's --
COMMISSIONER WILLIAMS: Okay. And mental
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health, okay.
JUDGE TINLEY: Yeah.
COMMISSIONER WILLIAMS: As requested. Right?
JUDGE TINLEY: As required.
COMMISSIONER WILLIAMS: As required, okay.
COMMISSIONER LETZ: Would you leave the
qualifications --
COMMISSIONER
COMMISSIONER
them, you leave them pretty
changed the first portion.
COMMISSIONER
get into a rework of the qu
necessary, I can do that.
COMMISSIONER
COMMISSIONER
WILLIAMS: I didn't touch those.
LETZ: I noticed the rest of
much as they are. You just
WILLIAMS: Yes, sir. I did not
slifications. If you think it's
LETZ: No, I really don't.
WILLIAMS: That's the reason I
didn't do it.
JUDGE TINLEY: Anybody else have any
comments?
COMMISSIONER NICHOLSON: Yeah, I do. I think
this is a better document than the other one, and I thank
Commissioner Williams for having done it. That's one
comment. Another comment, I'm not a big fan of job
descriptions. I've found that they tend to limit activity
and accomplishment rather than encourage it, but this is a
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good one, if we have to have a job description. Third
comment is, I think probably going back a long time, 20
years or so, the issues about this job where there's been
difficulties seem to have more to do with not what is
assigned to the job, but how members of the Commissioners
Court work with that individual, so I want to pay a lot of
attention to that going forward as much as what the
responsibilities of the job are. And then just one other
thing I would like to add. Probably, Commissioner, on
Bullet Number 8, "Assist individual commissioners in
document preparation," et cetera, I'd like to add
"research." The current court coordinator has been very
helpful to me in finding information and -- and conducting
searches and things like that.
COMMISSIONER WILLIAMS: Researching
background or related information?
17
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COMMISSIONER NICHOLSON: I'd just say
JUDGE TINLEY: Research, comma, document
COMMISSIONER WILLIAMS: Okay.
COMMISSIONER NICHOLSON: That's all.
COMMISSIONER WILLIAMS: Thank you.
JUDGE TINLEY: Anybody else have anything on
that? Was there an intent to bring a new person on the
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payroll to help me?
COMMISSIONER WILLIAMS: Help you?
JUDGE TINLEY: I'm getting a bunch of blank
stares here.
COMMISSIONER WILLIAMS: Help you do what?
JUDGE TINLEY: Help me prepare
correspondence, reports, studies, forms, and documents.
COMMISSIONER WILLIAMS: Sure. One, two,
three, four, five -- Bullet Number 5, prepares
correspondence, backup material, et cetera, for all members
of Commissioners Court. Would that do it?
JUDGE TINLEY: No, I don't think so.
COMMISSIONER WILLIAMS: No?
JUDGE TINLEY: I don't think so.
COMMISSIONER WILLIAMS: Put your pen to work,
then.
JUDGE TINLEY: We can pull the third item off
the bottom of Page 1.
COMMISSIONER WILLIAMS: Pull the third item
off the bottom of Page 1. "Prepares correspondence,
reports, studies, forms and documents as directed by the
County Judge"?
COMMISSIONER NICHOLSON: My -- when I was
the current job description was the -- that it's not
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prepares those things for the County Judge, but prepares
those things for members of the Court. I don't see that the
court coordinator has a different relationship to the County
Judge than -- than to any other member of the Court.
JUDGE TINLEY: Are you going to add me --
where you were going to assist the individual Commissioners,
are you going to allow me to come in there?
COMMISSIONER NICHOLSON: Yeah, change to
members of the Court.
COMMISSIONER LETZ: I think -- actually, I
think that the Judge is correct; we need to have a special
one for him, because he represents -- I mean, the court
coordinator -- the Commissioners Court is different than his
judicial responsibilities. And I think that it's -- that's
how I see it. I mean, I think there's -- he can request
something as he's sitting here today and in this position,
or he can request something when he's doing a probate
hearing and he's not on the Commissioners Court, when he's
obviously serving as Judge during probate hearings.
COMMISSIONER WILLIAMS: Let me see if we can
facilitate a middle ground here. What if we took the item
the Judge is referring to, the Number 3 at the bottom -- the
third from the bottom, and substituted that in for -- one,
two, three, four -- fifth bullet, and added in addition to
the County Judge, "directed by the County Judge and members
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of Commissioners Court." Would that suffice?
COMMISSIONER LETZ: My preference would be to
put it -- I'd take that whole third from the bottom as a
separate bullet, even though they seem redundant.
COMMISSIONER WILLIAMS: You're talking about
substituting it for Number 5, and just adding Judge and
Commissioners -- members of Commissioners Court? Your
point's well-taken.
JUDGE TINLEY: Well, that -- that deals
primarily with the agenda and matters related to the agenda,
the first one.
COMMISSIONER WILLIAMS: I said substitute it,
Judge. Or if you want to add it, we can add it.
COMMISSIONER LETZ: I think it's easier just
to add that.
COMMISSIONER WILLIAMS: We'll add it.
COMMISSIONER LETZ: To add a new bullet.
COMMISSIONER WILLIAMS: And then also
indicate, as Commissioner Nicholson said, not only by the
Judge, but by members of Commissioners Court. County Judge
and members of the Court -- and Commissioners.
JUDGE TINLEY: Maybe I've missed what you
just said, Commissioner.
COMMISSIONER WILLIAMS: Take your last --
third one, that one that you want included.
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JUDGE TINLEY: Mm-hmm.
COMMISSIONER WILLIAMS: And just add, "as
directed by the County Judge and Commissioners," and then
add it to the whole over here.
JUDGE TINLEY: Okay. Well, if you're going
to do that, then why not go to that middle bullet, "Assists
individual commissioners," and add in there, "and County
Judge in research, document preparation," so forth?
COMMISSIONER WILLIAMS: Maybe that's the one
I had to begin with, thinking about that.
JUDGE TINLEY: But you've got some
correspondence and reports and forms that -- that I get
involved in that oftentimes you gentlemen don't get involved
in.
COMMISSIONER WILLIAMS: I'm sure.
JUDGE TINLEY: And I don't -- I don't have a
problem with encompassing it in both of those, but I just
don't want to be left out, which is where I was.
COMMISSIONER WILLIAMS: Well, I don't want to
leave you out, Judge.
JUDGE TINLEY: I'm not going to let you.
COMMISSIONER WILLIAMS: Any other ideas?
I'll revise it, put it back on for adoption. Let's go back
to the point that Commissioner Baldwin raised at the
25 ~ beginning. The current title of the job is Court
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Coordinator for Kerr County Commissioners Court; is that
correct? And I -- I made a suggestion that that be changed
to Coordinator of Administrative Services. Whatever your
pleasure is, that's what we'll do.
COMMISSIONER NICHOLSON: Titles are cheap;
they don't cost anything. Whichever one is -- is viewed as
the best title will be -- be what I'd like.
COMMISSIONER BALDWIN: Well, I understand
that there's a pay group of court coordinators in the county
system, and Thea being one of those people, and they're in a
certain pay group. And why would you want to change that?
COMMISSIONER WILLIAMS: I just -- let me ask
Barbara. I understand where you're coming from. If -- if
the job title of this position were amended to say "Kerr
County Commissioners Court Coordinator of Administrative
Services," and our intention was for it to fit in the pay
group of other court coordinators, would it? Could it?
Should it?
MS. NEMEC: It could. It's whatever you make
it. It's whatever you -- wherever you put that position, as
long as that's the only title and it has a certain step and
grade. And, I mean, as long -- if you have more than one
title that's the same, as long as the step and grades are
the same. So, you could -- you could put "Court
Coordinator/Administrative Assistant" and start them at the
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step and grade that the court coordinators in other
departments are.
COMMISSIONER NICHOLSON: Let me ask Ms. Sovil
two questions. Which of those two titles is more
descriptive, in your opinion? And, two, what's this job
called in other counties?
MS. SOVIL: Well, it's according to which
county you go to.
COMMISSIONER NICHOLSON: No standard
practice?
MS. SOVIL: Administrative Assistant is the
-- is the biggest.
JUDGE TINLEY: I generally refer to it as
Court Coordinator/Administrative Assistant. Kind of a dual
title, because I think that's more descriptive of all of the
hats that she wears.
COMMISSIONER LETZ: I like that one.
COMMISSIONER NICHOLSON: Okay.
COMMISSIONER BALDWIN: But if you -- if we
start making bumper stickers, I mean, can you imagine how
big that thing's going to be?
JUDGE TINLEY: Need a big car.
COMMISSIONER BALDWIN: Have to get a truck --
to drive a truck.
COMMISSIONER WILLIAMS: Put it across the
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tailgate of your truck.
COMMISSIONER LETZ: No difference to me.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: But I do have a comment.
JUDGE TINLEY: Okay.
COMMISSIONER LETZ: Commissioner Williams
stated that we'll bring it back next time. In lieu of the
next agenda item, I don't think we have that luxury.
COMMISSIONER WILLIAMS: Well, tune it up.
We'll tune it up.
COMMISSIONER LETZ: I think --
COMMISSIONER WILLIAMS: If you want to
approve it as amended, we'll do that.
COMMISSIONER LETZ: I would move to approve
it and ask you to make the modifications we talked about,
and then get it going. We can always change it later.
COMMISSIONER NICHOLSON: I second the motion.
COMMISSIONER BALDWIN: Second -- third.
JUDGE TINLEY: Motion made and seconded for
the approval of the -- of the job description of the Kerr
County Commissioners Court Coordinator/Administrative
Assistant -- is that what we settled on? -- as amended here
in open court. Any further questions or discussion? All in
favor of the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: We'll go to the next agenda
item, consider and discuss advertisement and solicitation
for applicants for the position of Commissioners Court
Coordinator/Administrative Assistant. See how that worked
right in there, Buster?
COMMISSIONER WILLIAMS: You got it, Judge,
right there.
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: What are we moving?
JUDGE TINLEY: We need a closing date on
the -- on the applications that we're going to have to post
and advertise, I would think.
COMMISSIONER LETZ: I would say -- how about
the Friday before the next meeting? Is that enough time,
Barbara?
MS. NEMEC: The Friday before? What -- is
this going out in the paper or what?
JUDGE TINLEY: Yeah, I think we need to.
COMMISSIONER LETZ: Yeah, I think the local
paper, post it.
JUDGE TINLEY: And advertised in the local
paper.
COMMISSIONER WILLIAMS: That would have been
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my question. We are going to post it before we close within
the system?
COMMISSIONER LETZ: Correct.
JUDGE TINLEY: Oh, absolutely, yes.
COMMISSIONER LETZ: I would say the -- what's
our next court date?
MS. NEMEC: We're already getting some, so --
so I think that would be plenty of time.
MS. SOVIL: 22nd is the next meeting.
COMMISSIONER LETZ: So, to the 20th?
JUDGE TINLEY: 19th.
MS. SOVIL: 19th is a Friday.
COMMISSIONER LETZ: 19th. So, how about noon
on Friday, the 19th?
JUDGE TINLEY: Pretty short.
MS. NEMEC: That would give them all this
week and next week. So we'd have this week to get it in the
paper, and then next week for them to be brought back.
COMMISSIONER NICHOLSON: That will work.
JUDGE TINLEY: Spread the word, we're going
to buy an ad anyway, okay? All right.
COMMISSIONER LETZ: That way we could have it
as an agenda item or a workshop item at our next meeting to
at least review them and figure how -- where we're going to
go from there.
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COMMISSIONER NICHOLSON: I'd add that I would
value applicants that have some knowledge of how county
government works, so I would encourage anybody on the inside
of county government that would be thinking about putting
their name in the hat to do so.
COMMISSIONER WILLIAMS: I suspect there are
some out there who will do that.
JUDGE TINLEY: Okay. Do I hear a motion to
that effect?
COMMISSIONER LETZ: So moved.
COMMISSIONER WILLIAMS: Second.
JUDGE TINLEY: Motion made and seconded to
advertise and solicit applicants for the position of
Commissioners Court Coordinator-slash-Administrative
Assistant by public posting and public advertisement in the
local newspaper, with the closing date for applications of
noon, March the 19th, applications to be returned to --
Commissioners Court?
COMMISSIONER LETZ: That's fine.
JUDGE TINLEY: Any further question or
discussion?
COMMISSIONER LETZ: I would say -- why
doesn't the -- whatever your title is -- distribute them to
each of us as they come in? That way we can be looking at
them.
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JUDGE TINLEY: Good plan.
MS. SOVIL: You want it circulated or copied?
COMMISSIONER LETZ: Copied.
JUDGE TINLEY: Any further question or
discussion on the motion? All in favor of the motion,
signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Gentlemen, what's your
pleasure? Keep plowing forward?
COMMISSIONER WILLIAMS: Yes, sir.
COMMISSIONER LETZ: Yes.
JUDGE TINLEY: Okay. Next item, consider and
discuss resolution requesting that Texas Department of
Transportation declare certain portions of unused
right-of-way on old State Highway 39 as surplus, and that
these portions be removed from the state highway system.
Now, the net effect of which is they'll come back on the
County ownership.
COMMISSIONER NICHOLSON: Judge, I've got
several questions on this, and I'm not sure there's anybody
here that can answer them, but I'll try. Maybe you can.
JUDGE TINLEY: Don't bet on that.
COMMISSIONER NICHOLSON: Looking at the map,
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I want to assume that this road runs behind that Little
League baseball field? Buster's nodding his head yes.
COMMISSIONER BALDWIN: Yes, sir.
COMMISSIONER NICHOLSON: My questions are
four. Is the road used for any purpose? Are there any
benefits to the County to make this transfer? Is there any
liability to the County to do that? And why is the transfer
needed?
COMMISSIONER BALDWIN: We did a portion of
this same road. This road used -- the old -- the old
highway used to go out to, like, where 39 is and just cross
over, and then there's a little bridge that crosses the
river there. You know, when you're crossing the big bridge,
you can see the small bridge down there, and we did this
same thing on that I don't know how many years ago, but
before today. And this is just another part of that, a
get-it-off-the-book thing.
COMMISSIONER NICHOLSON: So, you don't see
any -- anything to be concerned about?
COMMISSIONER BALDWIN: No, I don't. I don't
at all. The Little League has a -- has an entrance from the
other end, and the rest of this stuff, the Point Theatre and
that facility.
COMMISSIONER NICHOLSON: I move to accept the
resolution requesting the Texas Department of Transportation
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to declare certain portions of unused right-of-way on old
State Highway 39 as surplus, that these portions be removed
from the state highway system, and authorize the County
Judge to sign same.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded in
favor of the agenda item. Any further questions or
comments?
COMMISSIONER WILLIAMS: The resolution
indicates not only the Judge, but Commissioners sign it, and
my question is, how many -- where'd we get those other two
Commissioners? They're showing lines for six commissioners.
COMMISSIONER NICHOLSON: Tomorrow's election
day.
more, okay.
away here.
COMMISSIONER WILLIAMS: Oh. We may have two
COMMISSIONER BALDWIN: Let's not get carried
JUDGE TINLEY: Do I understand the motion's
to be amended to include signature by all Commissioners?
COMMISSIONER NICHOLSON: Yes, sir.
JUDGE TINLEY: All right. Any further
question or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
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JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item
on the agenda is consider and discuss proclamation for
National Day of Prayer on May 6, 2004, authorize County
Judge to sign the same.
COMMISSIONER BALDWIN: So moved.
COMMISSIONER NICHOLSON: Second.
JUDGE TINLEY: Motion made and seconded in
favor of the agenda item. Any further questions or
discussion? All in favor of the motion, signify by raising
your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. I will now
move to executive session items. I suspect we need to go
into executive session, at least momentarily. So, at this
time, it's 12:14, and we will go out of open session.
COMMISSIONER BALDWIN: Are we going to come
back into open session after the executive session? Are we
going to conduct some business of some sort?
COMMISSIONER LETZ: Well, we have bills
and --
MS. SOVIL: We haven't paid bills or reports
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or anything.
(Discussion off the record.)
(The open session was closed at 12:14 p.m.,
and an Executive Session was held, the
transcript of which is contained in a
separate document.)
JUDGE TINLEY: It's 12:32. We will now
reconvene in open session. Is there any -- anything to be
offered in connection with what was discussed in executive
session? Hearing none, we'll move forward. Approval
agenda. First item up is the bills.
COMMISSIONER WILLIAMS: Move we pay the
bills.
COMMISSIONER LETZ: Second.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded to
pay the bills. Any question or discussion? All in favor of
the motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item,
budget amendments. Budget Amendment Request Number 1.
MR. TOMLINSON: Budget Amendment Number 1 is
a request from the District Clerk to transfer $2,000 from
Old Records Preservation account to Microfilm Expense.
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We've set up a new account for that purpose in this Records
Management and Preservation fund.
COMMISSIONER LETZ: So moved.
COMMISSIONER BALDWIN: Second.
JUDGE TINLEY: Motion made and seconded for
approval of Budget Amendment Request Number 1. Any further
question or discussion? All in favor of the motion, signify
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Do we have
any late bills?
MR. TOMLINSON: No.
JUDGE TINLEY: Okay. I have before me the
transcripts and minutes from the regular session of the Kerr
County Commissioners Court of Monday, February 9th, 2004;
the transcript and minutes of the Kerr County Commissioners
Court Information Technology Workshop on Monday, February 9;
the Kerr County Commissioners Court Emergency Session on
Thursday, February 12, 2004; the Kerr County Commissioners
Court Special Session on Monday, February 23rd, 2004; and
the Kerr County Commissioners Court Workshop on Monday,
February the 23rd, 2004. Do I hear a motion to approve
these transcripts and minutes as presented?
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COMMISSIONER BALDWIN: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval. Any question or discussion? All in favor of the
motion, signify by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. I also
have before me reports from the Sheriff's Department,
Library Advisory Board, Hill Country Youth Exhibit Center
report, Precinct 4 Constable, Strategic Planning Report from
the Commissioner in Precinct 4, County Clerk report, Justice
of the Peace Precinct 3 report, and Constable Precinct 1
report, and Constable Precinct 3 report.
COMMISSIONER WILLIAMS: I passed out 2,
Judge, just a moment ago.
JUDGE TINLEY: And Constable Precinct 2
report. Do I hear a motion that these reports be approved
as presented?
COMMISSIONER NICHOLSON: So moved.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: Motion made and seconded for
approval of the reports as presented. Any question or
discussion? All in favor of the motion, signify by raising
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your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: Motion does carry. Next item,
do we have any reports from Commissioners generally or in
connection with a liaison committee assignment?
COMMISSIONER WILLIAMS: Just a quick --
COMMISSIONER BALDWIN: None here, sir.
COMMISSIONER WILLIAMS: Just a quickie,
Judge. The Regional Emergency Preparedness Advisory
Committee, through AACOG, approved grants, one to Kerr
County in the amount of $37,878.54, for emergency
preparedness, as well as to the City of Kerrville for
$39,023.10. And, as the Judge probably knows, another grant
to Kerr County for the Kerr County Juvenile Facility,
Juvenile Behavior Transition Program, in the amount of
$35,850.
COMMISSIONER BALDWIN: This emergency
management, is that -- that's outside of this truck or
trailer?
COMMISSIONER WILLIAMS: In addition to the
truck, yeah. And bids, I think, have been let for those
trucks and trailers and so forth.
JUDGE TINLEY: Anything else?
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COMMISSIONER WILLIAMS: No, sir.
JUDGE TINLEY: Commissioner 3?
COMMISSIONER LETZ: I don't believe I have
anything today.
JUDGE TINLEY: Four?
COMMISSIONER NICHOLSON: In your package is a
recap of what -- I tried to reassimilate the product of our
strategic planning meeting, and I did that for purposes of
trying to move it along, and to do that in a way that's
consistent with -- with the Open Meetings Act. It proposes,
oh, about a four-step process. It would be an annual cycle;
that every February, we spend a half a day or so revisiting
our previous established strategies and decide if they're
still appropriate, or if we need to add to or subtract from
them. Sometime along about now, that we -- that we firm up
the projects that we need to -- need to have to accomplish
the highest priorities, that we work it through the budget
process, and then late in the year, we assess our progress
and get ready for the next cycle. The work you see that's
titled "Draft 2004-05 Project List" is simply merging the
two documents. We had one document that said here's the --
here's our priority projects, and we had another document
that said next step, so I simply took those two documents
and merged them, and I guessed at some potential
responsibilities to be the shepherd of those projects.
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Like, the first priority item there was Item Number 15,
Airport and Governance, and I think it's kind of obvious
that -- at least to me, that Williams and Letz, as the
liaison to that group, would take that project on. Other
ones, I just sort of guessed at who either brought it up or
who was involved at it. What I suggest we do is to give
this some thought, and at our next regular Commissioners
Court meeting, agree to some assignments, or confirm that
these are the priorities we want to work on, or agree to
take some of them on, firm it up, get a plan for how we're
going to deal with some of these things.
COMMISSIONER LETZ: I think some of them --
I'm just looking under Priority 1, the second item. It
might be helpful to put an A, B, C, D under it, just so we
can have Road and Bridge, Information Technology -- 'cause,
I mean, I see we may not do them all at one time; that we
can keep track of which ones we've done, which ones we
haven't.
COMMISSIONER WILLIAMS: Which item were you
looking at? What page?
COMMISSIONER LETZ: On Page 2 -- or Page 3,
under Priority 1.
COMMISSIONER WILLIAMS: Mm-hmm.
COMMISSIONER LETZ: Second item says review
departments. That report, I think we should break out each
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department that reports so we can check them off as we do
those.
COMMISSIONER BALDWIN: Being as I'm -- it's a
fifty-fifty chance that I will be reelected; there's some
question on Letz. But. I would be happy to work with someone
on that Item 4 there.
COMMISSIONER LETZ: Well, one of them is
already on -- was on the agenda today.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER LETZ: We're progressing. We're
using our strategic planning. But I think it's a good idea
to have responsibility so we can each of us know what we're,
you know, going to be doing.
COMMISSIONER NICHOLSON: Yeah. I think your
yard sign campaign is going to pull it off for you, both of
them. Both of your yard signs.
COMMISSIONER BALDWIN: Both signs. I try not
to spend that much money, but I was pushed into it.
COMMISSIONER LETZ: Anyway, I'd ask that we
mull this around at our next meeting and discuss it.
COMMISSIONER NICHOLSON: Put your name down
or somebody else's name down, or -- or say I've had buyer's
regret and I don't want to do that one; let's cancel that.
COMMISSIONER WILLIAMS: Put your name down.
JUDGE TINLEY: I think part of -- part of it,
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we got pressed for time towards the end, and I think one of
the suggestions was that if we could assign even a general
responsibility, that it would be helpful in trying to
maintain these things on track. And I think that's what --
COMMISSIONER NICHOLSON: I will put it on the
agenda for next meeting and nail down a few of them we want
to work on, who's going to be the lead or the point person
on them.
JUDGE TINLEY: Okay. Anything else? I've
got a couple of items. I got something recently from
G.B.R.A. asking us to support G.B.R.A.'s grant request for
funding to T.C.E.Q. The other item is from Texas Department
of Agriculture, which I just recently received, which
celebrates March 14 through 20 as National Agriculture Week
in Texas.
COMMISSIONER BALDWIN: That's a biggie.
JUDGE TINLEY: Yeah, it is. But, obviously,
National Agriculture Week is going to be over by the time we
see -- see it on the agenda.
COMMISSIONER LETZ: What -- what do they want
us to support? G.B.R.A., what do they want to us support at
T.C.E.Q.?
COMMISSIONER BALDWIN: Some kind of grant.
JUDGE TINLEY: Yeah. They're -- they have
requested a grant. They call it a public education effort,
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clean water and whatnot. I'll let you be the judge of that.
COMMISSIONER BALDWIN: Judge, I don't think
we have any business supporting anything. Those folks don't
belong here, and we don't want them here.
JUDGE TINLEY: They like things coming
downstream, but they don't send it up, do they?
COMMISSIONER NICHOLSON: Probably just trying
to come up here and take over our river.
COMMISSIONER BALDWIN: Yeah.
COMMISSIONER WILLIAMS: Cast longing glances
at it.
JUDGE TINLEY: Well, it's there for whatever
consideration you want to give it.
COMMISSIONER WILLIAMS: I think we just did.
JUDGE TINLEY: Yes, that's kind of my
feeling.
COMMISSIONER LETZ: They didn't want us to do
something in-kind; that's enough for me.
JUDGE TINLEY: Anything further? Being
nothing further, I will declare this meeting adjourned.
(Commissioners Court adjourned at 12:45 p.m.)
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STATE OF TEXAS
COUNTY OF KERR ~
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my capacity as
County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
DATED at Kerrville, Texas, this 12th day of March,
2004.
JANNETT PIEPER, Kerr County Clerk
BY: ___
---- ~!n'(' --
Kathy Ban k, Deputy County Clerk
Certified Shorthand Reporter
3-8-04
ORDER NO 28550
APPROVAL OF ALTERNATE PLAT
FOR WOLF CREEK RANCH
On this the 8`h day of March, 2004 upon made by Commissioner Letz, seconded by
Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the
alternate plat for Wolf Creek Ranch in Precinct No. 3.
ORDER NO 28551
APPROVAL OF PRELIMINARY PLAT
OF HERMOSA SUBDIVISION
On this the 8`h day of March 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, the preliminary plat of Hermosa Subdivision, Precinct #4.
ORDER NO 28552
APPROVAL OF PRELIMINARY PLAT
OF BIG SKY RANCH
On this the 8th day of March 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
of the preliminary plat of Big Sky Ranch, Precinct #4.
s
ORDER NO 28553
AUTHORIZE TEXAS ARTS AND CRAFT FOUNDATION
TO USE ELECTRICITY
On this the 8`h day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to
authorize Texas Arts and Craft Foundation to use electricity and pay for the electric costs
associated with the outside rodeo arena at the Hill Country Youth Exhibit Center for the
River Star Arts & Event Park.
ORDER NO 28554
APPROVAL COUNTY JUDGE
TO REQUEST COUNTY ATTORNEY
FOR OPINION ON KERR COUNTY UNIT ROAD SYSTEM
On this the 8`h day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, to
authorize the County Judge to write a letter to the County Attorney requesting an opinion
as to the permitted organization of the Kerr County Unit Road systems, specifically as it
relates to the County Engineer and the Road Administrator.
ORDER NO 28555
APPROVAL OF PROPOSALS RECEIVED FOR
TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECTS
On this the 8th day of March 2004, upon motion made by Commissioner Williams,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, to authorize Grantworks to be awarded the contract to provide T.C.D.P. project-
related administrative planning and management services, and the Tetra Tech,
Incorporated, should be awarded a contract for T.C.D. P. project-related professional
engineer services for the grants that have been awarded to Kerr County for the remainder
of the project with program years 2004 - 2006.
ORDER NO 28556
APPROVAL TO EXTEND
BURN BAN
On this the 8th day of March 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-
0-0, to extend the Kerr County Burn ban for 90 days.
s
ORDER NO 28557
APPROVAL TO RECONFIRM
WHAT AUTHORITY THEY HAVE
OVER THE PENDING HEALTH INSURANCE CLAIMS
O n this the 8`s day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, that
the pending health insurance claim is under the authority of the Commissioners Court
only as to that one, but otherwise it constitutes a judgment or opinion of the Court with
respect to that particular civil matter.
ORDER NO 28558
APPROVAL ON BENISON TO
JOB DESCRIPTTION FOR COMMISSIONERS COURT
COORDINATOR/ADMINISTRATIVE ASSISTANT
On this the 8'h day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Nicholson, the Court unanimously approved by a vote of 4-0-0, on
revisions to the job description for the Commissioners Court Coordinator/Administrative
Assistant.
ORDER NO 28559
APPROVAL TO ADVERTISE FOR THE
COMMISSIONERS COURT COORDINATOR/ADMINISTRATIVE ASSISTANT
On this the 8th day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to
advertise and solicit applicants for the position of Commissioners Court
Coordinator/Administrative Assistant by public posting and public advertisement in the
local newspaper, with the closing date for applications of noon, March 19, 2004, to be
returned to Commissioners Court.
ORDER NO 28560
RESOLUTION TO
TEXAS DEPARTMENT OF TRANSPORTATION
On this the 8`h day of March 2004, upon motion made by Commissioner Nicholson,
seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-
0-0, a resolution requesting that Texas Department of Transportation declare certain
potions of unused right-of--way on "old" State Hwy 39 as surplus, and that these potions
be removed from the state highway system, and authorize the County Judge and all
Commissioners to sign same.
s
ORDER NO 28561
APPROVAL OF PROCLAMATION
FOR NATIONAL DAY OF PRAYER
On this the 8`h day of March 2004, upon motion made by Commissioner Baldwin,
seconded by Commissioner Nicholson, the Court unanimously approved by a vote of 4-
0-0, of Proclamation for National Day of Prayer on May 6, 2004 and authorize the
County judge to sign same.
ORDER NO 28562
CLAIMS AND ACCOUNTS
On this the 8th of March 2004, came to be considered by the Court, various
Commissioners precincts, which said Claims and Accounts are:
10-General for $74,828.01;14-Fire Protection for $10,416.67;15-Road and Bridge for
$16,033.29;18-County Law Library for $3,547.31;19-Public Library for $32,265.00;28-
Records Management & Preservation for $144.98;50-Indigent Health Care for
$24,360.60;80-Historical Commission for $8.00.
TOTAL CASH REQUIRED FOR ALL FUNDS; $161,603.86.
Upon motion made by Commissioner Williams, seconded by Commissioner Letz, the
Court unanimously approved by a vote of 4-0-0, to pay said Claims and Accounts.
c
ORDER NO 28563
BUDGET AMENDMENT
IN RECORDS MANAGEMENT & PRESERVATION
On this the 8"' day of March 2004, upon motion made by Commissioner Letz, seconded
by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to
transfer $2,000.00 from Line Item No. 28-635-411 Old Records Preservation to Line No.
28-635-412 Microfilm Expense.
ORDER NO 28564
APPROVE AND ACCEPT MINUTES
AND WAIVE READING
On this the 8th day of March 2004, upon motion made by commissioner Baldwin,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
to waive reading and approve the minutes of Regular Session on February 9, 2004,
Information Technology Workshop on February 9, 2004, Emergency Session on
February 12, 2004 and Special Session on February 23, 2004 of Kerr County
Commissioner Court and Information Technology Workshop on February 23, 2004.
ORDER NO 28565
MONTHLY REPORTS
On this the 8`h day of March, 2004 upon motion made by Commissioner Nicholson,
seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0,
to accept the following reports and direct that they be filed with the County Clerk for
future audit:
Sheriff s
Library Advisory Board Minutes
Hill Country Youth Exhibit Center
Constable Pct. #4
Strategic Planning from Commissioner Pct. #4
County Clerk Report
Justice of the Peace #3
Constable Pct. #1
Constable Pct. #3
Constable Pct. #2