~,"`' 1 2 3 9 5 6 7 8 9 10 11 12 13 ~"` 14 .~ 15 16 1? 18 19 20 21 22 23 24 25 r^ r^- 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X April 12, 1999 Commissioners' Comments Comments by Commissioner Williams l.las8/~Pay Bills 1.2 Budget Amendments ~~~~, ~sQiy 2Sd~S 1.3 ,uv~+s.. Late Bills 1.4.138/6 Read and Approve Minutes 1.5sni7Approve and Accept Monthly Reports PAGE 3 11 19 14 15 16 19 46 56 60 69 2.1/do~~ Support of renaming V.A. Medical Center as Roy P. Benavides Medical Center 2.2~~~QChild Care Initiative Letter of Agreement 2.3JS6i~Kerr 911 Naming and Addressing Guidelines 2.9~Sg~oAppoint Charles Wiedenfeld O.S.S.F. rep. & Kerr County Floodplain Administrator 2.5~gi~Appeal of TWDB population/consumption estimates 2.6a3l~~Twin Springs Ranch Subdivision - concept plan 2.7.ts~aj Cypress Springs Estate, Phase I - Letter of ,~.rliy Credit ~ Final Plat 2.8.1fl~S Violation of Kerr County Subdivision Rules 2.14~~6Procedure for resale of trust property 2.9ZSP~7Transfer Commissioners Court van to Sherriff 2.107( Appoint Constable - Precinct 3, unexpired term 2.11iJoNC Personnel/Salary Study -- Kerr County employees 2.129SF}Y1999-2000 budget - proposed schedule 2.13,~loN£ County FY 2000 budget guidance, budget format 2.1~~9Resignation of Trusttee - Charles Schreiner Road Fund - approval of successor trustee 2.16"`Task force w/ City of Kerrville-infrastructure 2.17asP.~a American Express Texas Ind. Agencies program 2.18w/~~E Solid Waste Grant 2.19 Update on House Hills 2012 & 662 2.20~/,u/Resolution opposing SB 143 ~ HB 1645 2.21aSQd,2Youth Alcohol Awareness Month - April 2.22as!!.lCamp Appreciation Day - May 4, 1999 * 3.1 ~~`/Action taken on Executive Session matters Adjourned 73 79 87 89 90 102 116 125 136 147 159 167 168 179 179 176 178 ~. 3 s~ !"~ L ._ (~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 On Monday, April 12, 1999, at 9:00 o'clock a.m., a Regular Session of 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 HENNEKE: The clock on the wall says it's 9 o'clock on Monday, April 12th, 1999, and I'll call to order the regular Commissioners Court session scheduled for that day. Commissioner Baldwin, I believe you have the honors this morning? COMMISSIONER BALDWIN: I do, sir. If y'all would stand with me, and we'll have a word of prayer to open the Commissioners Court. (Prayer and pledge of allegiance.} COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Thank you. At this time, any citizen wishing to speak on an item not listed on the regular agenda who has filled out a form for consideration may do so. Is there anyone who wishes to speak on an item not listed on the regular agenda? (No response.) JUDGE HENNEKE: Once again, is there anyone who wishes to speak on an item not listed on the regular agenda? (No response.) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Seeing no one interested in speaking, we'll go to the Commissioners' Comments. Mr. Baldwin? COMMISSIONER BALDWIN: No, sir, I don't have any at this time. We have a big agenda; I'd lust as soon as go right into it. JUDGE HENNEKE: Mr. Williams? COMMISSIONER WILLIAMS: Just a couple quickies, Judge. I just wanted to say congratulations to Kerrville's Emily Crozier, who made the All-Regional Scholar -- Group of Scholars, which was published in the San Antonio Express News here a few days ago, and she certainly deserves our commendation fox her achievements. And, secondly, thanks to the L.C.R.A. for its grant of $18,900 to the Elm Pass Fire Department so that they can buy a new brush truck, which they are badly in need of. JUDGE HENNEKE: Very good. Jonathan? COMMISSIONER LETZ: I have nothing today. COMMISSIONER GRIFFIN: Nothing this morning. JUDGE HENNEKE: All right. With that, we will move right into the approval agenda. Bills. Does anyone have any questions on any of the bills? COMMISSIONER BALDWIN: Judge, I do. I had several questions. I came in early and, of course, being the working Commissioner at this table, I went through the bills and got __ _ T - 5 ~^ r^ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 22 23 29 25 most of them answered, but I wanted to point out a couple things. If nothing else -- that was a joke, fellas. We can be a little loose up here. I do want to point out something, though, on the Commissioners Court set of bills, which are paying the Attorney General to do the work for the State of Texas. And I understand that we have asked them to come over and do an investigation, and I understand all that; however, that's their job. Somebody broke some State law, and they come over and do these things and we have to pay for it again. So, I just -- just want it here on the record of disagreeing with that kind of -- the State pays their own way. JUDGE HENNEKE: All right. COMMISSIONER BALDWIN: Well, I -- on Page 9, the last item there for the Sheriff's Department, toolbox for the new Ford pickup, again, I disagree with that. I remember when we bought the pickup, it was for -- because we were doing the -- the program, a stray program, and doing some other things. The Drug Intradiction Group, or whatever they're called, needed a pickup to haul some stuff around, and now we have a toolbox in the Sheriff's -- that's the Sheriff's personal car, now. On page -- Page 11, Ag Extension Service, Laurinda Boyd's stock show expenses, these are for some of them in February. We're not in trouble. The bills are -- we can still get them paid in time, but this 6 /'"~ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 thing of holding bills -- and we've been through this a million times, for you -- ox several hundred thousand times, for you newer folks. She holds those bills fox months and then turns them in. Sometimes we're late in paying them. No more questions yet; just some concerns. Let's see. I think that's all. That's it. JUDGE HENNEKE: Anyone else? COMMISSIONER GRIFFIN: Yeah. COMMISSIONER WILLIAMS: Yeah. JUDGE HENNEKE: Let's go in order here. COMMISSIONER WILLIAMS: Under Commissioners Court, there's an item, Kass Autobody Incorporated, for repairs to a damaged vehicle. I'm curious to which one of the Commissioners' vehicles -- or Commissioners Court vehicles that is. ,,"`~ JUDGE HENNEKE: We only have one Commissioners Court vehicle, sir. COMMISSIONER WILLIAMS: I know that. We need -- COMMISSIONER BALDWIN: Not for long. COMMISSIONER GRIFFIN: Not for long, just wait. COMMISSIONER WILLIAMS: Would that be -- what is the expense, Kass Autobody charge to Commissioners Court? MR. TOMLINSON: There's -- I think there's -- that's Contingency line item. And what it is, it's to repair damage to an employee's vehicle that was parked out at Road 7 i^ ~"~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 ,''` and Bridge. We had a community service worker that was trimming along the fence with -- with a gasoline-powered weedeater and dinged the whole side of the car, I mean, from the front to the back. And, our deductible on that kind of damage is $500, so we -- it's -- Contingency is items that we didn't expect, so we paid it out of that line item. COMMISSIONER WILLIAMS: I guess my second question is, why isn't it Road and Bridge's Contingency instead of Commissioners Court? MR. TOMLINSON: Well, that's a good question. But I -- they don't have a Contingency, either. COMMISSIONER WILLIAMS: Okay. Another item -- is Mr. Holekamp in here? I guess not. I know we approved expenditure of the purchase of three washing machines for the the Sheriff's Department, but I guess that prompts me to ask whether or not Mr. Holekamp has investigated other ways -- or the suggestion that was given him with regard to maybe negotiating a contract with the V.A. for laundry services for the jail. I'll ask him separately, since I don't see him here. Under 571, Adult Probation -- I guess this is also a question for Mr. Holekamp, because I'm curious as to why we're spending money for outside janitorial services. I thought we took care of all that. Guess we don't. MR. TOMLINSON: That's for the leased building? Which page are you on? 8 r /^'~ 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 29 25 t` COMMISSIONER WILLIAMS: I'm on now -- Tommy, I'm sorry, Page 10, under 571, Adult Probation. COMMISSIONER LET2: That's their janitor? MR. TOMLINSON: That's for -- probably. COMMISSIONER WILLIAMS: Thank you. COMMISSIONER GRIFFIN: Just a quick question. I noticed throughout that there were a lot of expenditures for Software Group, and I assume that that was for -- was that for bringing our stuff up to Y2K compliance in new software? MR. TOMLINSON: No, those are quarterly payments. COMMISSIONER GRIFFIN: Quarterly payments? MR. TOMLINSON: For maintenance. COMMISSIONER GRIFFIN: Okay. COMMISSIONER BALDWIN: Larry, through the years -- we hooked up with Software, Inc., 10 or 12 years ago, and this has been going on monthly almost since then. MR. TOMLINSON: That's -- COMMISSIONER BALDWIN: Mega-dollars. MR. TOMLINSON: That's a contractual payment. COMMISSIONER GRIFFIN: I understand. MR. TOMLINSON: It's for maintenance to the software, is basically what it is. COMMISSIONER GRIFFIN: I just wondered when the Y2K stuff is going to show up. I just wondered if this was it, and that answered my question. 9 f^ ~_ i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: I move we pay bills. JUDGE HENNEKE: Just for me to learn, Tommy, on Page 28 we've got lease copier payment for Kendall County, 216th Adult Probation. MR. TOMLINSON: Okay. JUDGE HENNEKE: It appears we're making payments for leases to the copiers in Kendall County? Is that just misleading, or -- MR. TOMLINSON: Well, this is the 216th, the Adult Probation budget. And -- and that budget pays for expenses in those offices, as well as this one. COMMISSIONER LETZ: They pay a proportionate part of that budget, correct? Doesn't Kendall County pay -- MR. TOMLINSON: Well, they do partially, just like we do. COMMISSIONER LETZ: Right. MR. TOMLINSON: But the operating part of the budget that -- that the State money pays for -- pays for the operating expenses for each office. JUDGE HENNEKE: Okay. So, this basically just applies to the State part of the budget? MR. TOMLINSON: Yeah, this is the State part. JUDGE HENNEKE: The same thing -- Page 29, we're talking about Community Service expense? MR. TOMLINSON: Right. r.-.. 10 ,~"~ ~"`~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Move we pay the bills. COMMISSIONER BALDWIN: I second, with one more comment on the Indigent Health Care. I don't know if you all had an opportunity to look that over or not, but there are several -- several bills here from other towns, like South Texas Cardiovascular Lab, Clinical Pathology Lab, Texas Anesthesia, Southwest Methodist Hospital, Cancer Care Network of South Texas. And, see, there's 13, 14 -- about $15,000 right there of our money going elsewhere. Now, I don't know if it's part of the Indigent Health Care program that a doctor says, "Okay, you need to go to San Antonio to Texas Anesthesia," which I cannot imagine, but possibly that's happened. And then that -- that bill -- I mean, our Indigent Health Care follows that person down there to do that. Or, in my mind, I've been asking this question for a number of years, and I think their answer is that once a Kerr County resident qualifies for Indigent Health Care, then Indigent Health Care follows that person wherever they go. If they move to Houston, that Indigent Health Care out of Kerr County picks up their bills. Kind of a strange thing, but regardless of which one of them it is, we're still sending a lot of money this month to San Antonio. That's all.. COMMISSIONER LETZ: Do you want to tell the public ~^` what the amount is this month, Commissioner Baldwin? COMMISSIONER BALDWIN: The total amount for 11 i-. ~'`. ~._ ~"~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Indigent Health Care is over $53,000. Lots of bucks. COMMISSIONER LETZ: Judge, and that is included in my motion. JUDGE HENNEKE: All right. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: It's been moved by Commissioner Letz that we pay the bills, including Indigent Health, and seconded by Commissioner Baldwin, I believe. Any further discussion? All in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget amendments. We have a couple-three. MR. TOMLINSON: Yes, I have three today. First one is a request from the County Clerk to move $471.65 from Deputy Salary Iine item into Bonds and Insurance. What I thought we have is a bill for $780 for a bond. They're office bonds, basically, and we simply didn't budget enough for that, so she needs to move that amount to pay that bill. Another one is to move $189 from Office Supplies into Machine Repairs. We do have a bill for that. COMMISSIONER BALDWIN: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, 12 r--, 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 seconded by Commissioner Griffin, that we approve the budget amendments for the County Clerk's office. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. MR. TOMLINSON: No. 2 is for the Traffic Safety fund -- excuse me. This is a -- this fund is a self-funding -- fund, is what it is. It's -- the traffic program is -- it's a DWI class that's mandated by the Court for persons that are convicted of DWI's in Texas courts. But we -- this year, the instructors went to a -- a recertification training, and that was not budgeted for in this year's budget. We do have surplus funds that we had at the beginning of the year in this fund, and all what we're asking the Court to do is approve this amendment to increase the budget by these amounts, $273.34 for Conferences and $120.66 for Operating Supplies. The operating supplies are new manuals for the course. COMMISSIONER LETZ: It's a required -- they've got to be certified, I presume? It's a requirement? MR. TOMLINSON: Yes. COMMISSIONER LETZ: So move. COMMISSIONER WILLIAMS: Second. /'~ 13 /^ ._ ~'"`, 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Moved by Commissioner Letz, second by Commissioner Baldwin, to approve the budget amendment request for the Traffic Safety Program. Any further discussion? If not, all in favor, raise your right hands. {The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) COMMISSIONER BALDWIN: This Commissioner got the second. MS. BARBEE: I know, thank you. MR. TOMLINSON: Okay. No. 3 is a request from the County Treasurer to transfer $150 from the Employee Training into Computer Supplies, and it's to pay an invoice from Software Group for conversion of a 1998 W-2 form. COMMISSIONER WILLIAMS: So move. COMMISSIONER GRIFFIN: So move -- second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that we approve the budget amendment request for County Treasurer's office. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.} JUDGE HENNEKE: Motion carries. Any late bills? MR. TOMLINSON: No. ~r ___ 14 L- i"'- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: All right. MR. TOMLINSON: That's all I have. COMMISSIONER BALDWIN: Thank you, Tommy. JUDGE HENNEKE: Next item is approval of the minutes. Do I have a motion to waive reading and approve the minutes? COMMISSIONER LETZ: So move. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we waive reading and approve the minutes. Any discussion? All in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. {No response.) JUDGE HENNEKE: Motion carries. Next item is approve and accept monthly reports. COMMISSIONER WILLIAMS: So move. COMMISSIONER HALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Baldwin, that we approve and accept the monthly reports. Any discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. 15 ~`"` '- - 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 I7 18 19 20 21 22 23 24 25 (No response.) JUDGE HENNEKE: Motion carries. We'll return now to Agenda Item 1, first agenda item, which is to consider and discuss supporting Hill Country Airborne Association, Alamo Silver Wing Airborne Association, and Alamo Chapter 15 Special Forces Association in their effort in making application to the Veterans Administration to rename the Kerrville V. A. Medical Center as the Roy P. Benavidez Medical Center. Commissioner Williams? COMMISSIONER WILLIAMS: Judge, I placed this on the agenda at the request of Mr. Bennie Hyde, who called me late last week and asked that we hold up on this, because he said the -- the Hill Country Veterans Council was meeting this morning, I believe even at this time, to discuss this particular issue and how, maybe, to do better what they're asking us to do, having received some instruction from the Commissioners, from Congressman Smith's office. I do see Mr. Richey in the audience. Gene, could you add anything do that? MR. RICHEY: No, sir. And I wasn't aware they were having a meeting this morning; I've been out of town for a couple of days. COMMISSIONER WILLIAMS: Well, they are having a meeting at the usual place, even as we speak. And, at this point, they're asking us to withdraw this from the agenda for 16 ~'` i..- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consideration at a later date. (Discussion off the record.) JUDGE HENNEKE: Without any objection, we'll table this item and bring it back at an appropriate time. Turning to the next agenda item, No. 2, approve the local Child Care Initiative Letter Agreement for funds. You have the Letter Agreement in your books; it relates to the County's administration of $30,000 which the Kerr County Day Care Center has received from the Hal and Charlie Peterson Foundation. Does anyone have any questions or comments on this item? COMMISSIONER BALDWIN: I do. Is this something different? Is this different from what we've been doing for a number of years? COMMISSIONER WILLIAMS: Yeah. Let me make a comment on that. This comes at the request of Sharon Wade and Brenda Chapman, and it is the agreement that follows the -- following agreement to the one that has already been executed between Kerr County and A.W.D. for these particular funds, and this has to do with the monies that are donated locally. And, Brenda Chapman had brought a contract draft in earlier, and I took a look at it and asked that she incorporate one more item in there, which is No. 5, "Kerr County Day Care Center and Sunshine Inn Day Care Center will submit monthly billing statements to Kerr County for !'"^. 17 f^ ~^ .. _ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 reimbursement from this fund .for eligible child care expenses." And, having done that, I would -- I would move it for approval for the Judge to sign. COMMISSIONER BALDWIN: I'll second that motion. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Baldwin, that we approve the Initiative Letter Agreement with the Kerr County Day Care Center and authorize County Judge to sign same. Any further discussion? COMMISSIONER LETZ: One brief question. Do we need to get our civil attorney to approve form on these? It's a question -- I mean, I don't -- probably no problem with the actual agreement. I don't know that we have a policy, from the Court's standpoint, whether we do or don't or -- or how we should -- you know. JUDGE HENNEKE: That's something we probably need to take up. That's a policy matter, and also as a fiscal matter. COMMISSIONER LETZ: Right. JUDGE HENNEKE: But I'm not aware of any policy -- I mean, I think it's an appropriate document. COMMISSIONER LETZ: That's good. It's something we want to look at here during budget, if we want to. We do get a lot of agreements in to do with the Ag Barn and stuff. It's more on my mind than in the past. 18 ~°' 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Fair enough. Any further discussion? COMMISSIONER BALDWIN: Just that that's really something that we've kind of been doing all along. Sort of. COMMISSIONER GRIFFIN: I think Jonathan's got an overall point -- you're making a point that maybe all agreements, in format, conform. We might want to have a few -- COMMISSIONER BALDWIN: And I agree with you. JUDGE HENNEKE: I'll make a general comment that it's probably timely for us to do a fairly extensive review of the form and/or substance of all of the contracts that we have in the County. A lot of them have been in place for a number of years and are just self-generating. There may be changes that would be in our best interest. I know that I -- I looked at some contracts between the Kerr County Juvenile Detention Center and outlying counties for services, and made some revisions to those. But, at some point, we probably need to collate and take a look at all of the contracts. I mean, I think, Buster, one area that we definitely want to look at things is what contracts do we have with health care providers under the Indigent Health Care program, how current are they, and so I think this is something we need to do on a broad basis. COMMISSIONER LETZ: Okay. - - rr- 19 ~. r'"~ ~. /"~. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: If there's no further discussion on the Agenda Item No. 2, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: AlI opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We'll turn to Agenda Item No. 3, consider and discuss (a) the Kerr 911 Naming and Addressing Guidelines and set date for public hearing on the guidelines, (b) the official approval of street names and addresses, and (c} the Court's interface with the 911 Board. Commissioner Griffin. COMMISSIONER GRIFFIN: Yes. Mr. Sandlin is here. I saw him walk in. Where are you? There you are. MR. SANDLIN: Hiding. COMMISSIONER GRIFFIN: Now, I wanted to give Mr. Sandlin an opportunity to formally present to the Court the new 911 guidelines -- I'm sorry, I don't have my copy -- that the 911 Board approved and is now getting out to all the jurisdictions in the County. T., do you have anything to say? I know that -- or perhaps you can answer any broad questions. Because we need to set the public hearing date, primarily, but I wanted to give T. the opportunity to formally present it to us. MR. SANDLIN: And I'll do just that. I believe y'all have a copy of that? Also, hopefully, as a matter of -- __ .,r 20 /^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 convenience for you -- I finished these up this morning. These are just -- there's two copies, a short and a long version. Just a suggestion or a model for an order that would adopt and enact these guidelines on behalf of the County. The short version doesn't go into as much detail, and probably doesn't give the enforcement or maintenance part that's necessary for this thing to function, as does the long version. The reason I did that is because, perhaps, if y'all wanted to make two separate orders and make the enactment and enforcement part a separate order -- I don't know that that's necessary; that would be a decision for y'all. But, anyway, I present those to you just as a model. One other question that I've been asked the last couple of weeks -- and I'm giving you this just an example; I know you're going to -- I think you're going to see this on the agenda a little bit later. I'm sorry. There's a copy -- not to speak out of turn, but this was one of the addressing projects we worked on for Cypress Estates. Voelkel Engineering provided us with a DWG, the AutoCad drawing of it, and I went in there and center-lined the road and center-lined and numbered them, and you can see how we derived those numbers for those lots. One thing that we cover in the guidelines that's often a breakdown in some of the addressing system is corner lots. For instance, if you look at corner lots, that's No. 170, and /'` zl L t^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 also No. 100 at the intersection of Glenn Lakes and Cypress Estates Parkway. In this preaddressing stage, there's no way of really telling where the house is going to be or which way the house is going to face. It could face either of the two streets. So, when we get to -- those corner lots are lots that sometimes face sometimes three streets. We provide addresses for each street that may be faced to perhaps alleviate any problems later on, and that's all addressed in the guidelines. One thing we've needed is a comprehensive set of guidelines that specifically addresses how we handle that and other issues. For the sake of time, I'll answer any questions you might have about the guidelines; then I have a couple of brief statements. Also, Mr. Charles Chase, who's a member of the GIS committee, is present. JUDGE HENNEKE: Does anyone have any questions? COMMISSIONER GRIFFIN: Just one comment, because I -- Buster and I have been delving in this for the last couple weeks, so I -- for clarity, lust so the members of the Court understand, you see -- let's take Lot 17 -- or where you see the 170, right here. There's an asterisk there, and on the plat it says that the final numbering for structurews that would be there would depend on where they are situated in relation to the little green numbers that you see. So, actually, there's sort of a second step that you have to go ~_ zz ~^`~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through here. Once you have decided -- once a landowner has decided where they want to put a structure, we would go in and actually assign them an address -- 911 would -- based on the green numbers that you see. And if you had more than one structure on the same property -- and the bigger the property, the more likely that is to happen -- if there are two living sites for example, you may have two addresses on the same lot. But -- but I think that's a good system. I think -- I know that we're probably trying to play with some ways where we don't have to put all of the numbers on all the plats. /'`_ MR. SANDLIN: Sure. COMMISSIONER GRIFFIN: That's a lot of -- MR. SANDLIN: When you get the final plat, the little green numbers don't appear. I just wanted you to see how we did them. COMMISSIONER GRIFFIN: But, at any rate, I think it will work, and this is a good example of how it will work in the guidelines. I would like to say -- oh, go ahead. COMMISSIONER LETZ: My question is more or less kind of a big-picture question, and going back to who's doing what under this policy. And, it appears to me that 911 is taking on a tremendous amount of -- of work that, before now, has really been done by our Road and Bridge Department when it comes to a lot of the street naming and such like that, 23 r'^ ~. ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and putting together, and -- I mean, it goes to the GIS Committee. There's lust a lot of detail as to how names get done and changed and things of this nature. Whereas, our current, you know, procedure that we've been handling is it comes to the Commissioners Court quarterly, any kind of name change other than outside of the platting process. I'm talking about road name changes, road signs, all of that comes to us quarterly. It lust seems that -- you know, I lust wanted to mainly point it out, that it appears to me that the Commissioners Court is delegating a tremendous amount of this to 911. Did I read it correctly? MR. SANDLIN: Yes, sir, mainly regarding what we define as private access roads. I think -- excuse me, private restricted roads in the guidelines. COMMISSIONER LETZ: Right. MR. SANDLIN: As far as public access roads, which are -- I don't have a percentage, but I would say somewhere around 80, 90 percent of the roads you deal with, other than if you wish 911 to make a recommendation on a road name, we're kind of taking a hands-off policy on that and, of course, defer to the Commissioners Court. What we were trying to do was lust streamline the process somewhat, and hopefully take some of the burden off of the Commissioners Court and the other entities that would adopt this. And, by saying that we would not be responsible for the final naming, 24 ~~ 1"` ~__._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 but the process of how we get from Point A to Point B on private access road names, they're handled outside of the normal subdivision process, and we're very careful to outline the steps that 911 would take in that scenario. And, on the agenda, we referred to it as the steps that a Commissioners Court or City would take in handling the naming of public access roads, and we did make a distinction; and the definitions between public access and private, restricted roads, that's a big issue. COMMISSIONER LETZ: But, on public roads, any renaming or naming of unnamed roads goes into basically the same process as private restricted roads? MR. SANDLIN: Other than coming to 911 just to check, make sure that it's complying with the guidelines part of that. COMMISSIONER GRIFFIN: I just want to inject that I think one of the things that we -- the Court wants to do is, you know, try to get as much of this pushed through the tunnel, through 911, as we can, because we're still going to approve it. Commissioners Court is still going to approve it. But, it doesn't make much sense to me for someone to be coming directly to the Court saying, "I want my street name changed" when we don't know that -- it may not fit in the 911 system. So, that's a screening, as I see it; it is a screening process. Now, the Court -- 911 can come to us and ,d".. 25 r-, ~.., 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 say, Here's the name that the landowners want for the road. It won't work in our system, for whatever reason. And we're going to have to make the Solomon-like decision on whether or not to go ahead and approve it or not. So, it's not taking away any of our ultimate responsibility, but it's making sure that -- that every input is rationalized through the 911 system, which I think is exactly what we want. COMMISSIONER LETZ: I don`t have a problem with that part of it. I guess my concern comes down to that the Commissioners are the first line to the public, and we have no control over 911 directly. And, so, we're -- I see a situation where people submit these changes in to 911 or want something done, and T.'s gone and someone else doesn't want to do anything, and, all of a sudden, this -- it can get bottlenecked, and it's out of our authority. To me, if we're going to designate all this to 911, I think we probably have to separate -- have a separate interlocal agreement or something that we could hold them directly accountable for it. Because, through 911, they're -- you know, report to their board. And, it lust seems that a problem in the future could develop and we could have a hard time solving it. We could, I guess, undesignate -- you know, not designate it to them any more. COMMISSIONER GRIFFIN: Well, I say we do that. I mean, I think we do that in practice and in a legal sense ~^ 26 r"` /'` 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 when we adopt the guidelines or we don't. And that's what the public hearing would be about, is to raise the kind of questions you're talking about. And, we'll adopt them as-is, or we'll adopt them with modifications or whatever, and I think that's just part of the process. MR. SANDLIN: My point is, we're not trying to usurp anyone's authority at all. We're just trying to -- we're trying to take some of the burden, a little bit of burden so that we could, you know, streamline the process. Like I said, we're just trying to act as intermediary to get this thing going. COMMISSIONER LETZ: But, I mean, initially there is going to be a tremendous amount of work. We have -- I mean, I'd hate to even guess how many roads -- probably hundreds in my precinct alone that we're going to have to do these new names, and they're talking about contacting every person on every street, you know, about this. And that's -- all of a sudden, I can just see a huge bottleneck and nothing happening for a long time. I mean, 'cause trying to -- I mean, just postage alone for 911 to do this -- I mean, I don't know, it just seems to me that it's going to be a -- it sounds good on paper. When I start thinking about my precinct and the number of people that are going to be affected -- Cypress Greek is a problem. You know, who knows? Highway 27 -- I mean, how many people live on Highway 27? If 27 /"~ t^ ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 he -- does he have to notify every one of them? MR. SANDLIN: No. No, that's y'all's responsibility. JUDGE HENNEKE: That's a question I have, because the order you've presented delegates the Address Coordinator responsibility to 911. MR. SANDLIN: Okay, we're talking about -- JUDGE HENNEKE: That's -- COMMISSIONER GRIFFIN: Wait a minute. We've got apples and oranges going here a little bit, because where we have a road name or a highway name already named, the numbering process is not something that you have to negotiate with the landowner. The numbering process is going to lust get cranked out of the computer. COMMISSIONER LETZ: Naming process is what I'm talking about. COMMISSIONER GRIFFIN: The name processing on subdivided roads, we probably -- they are probably -- 911 is not going to be involved all that much. If -- that's primarily a Court problem. But, anybody that comes forward with a request for a number change, for example, would go through 911, and then 911 is going to say to us, "That fits in our system." JUDGE HENNEKE: But, 911 is going to have to recommend to us, if we decide to keep that responsibility, ~", 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 how to rename those roads. COMMISSIONER GRIFFIN: I would hope so. JUDGE HENNEKE: I don't see us being the ones to sit down with the County -- COMMISSIONER GRIFFIN: Absolutely. That's -- and that's something that 911 can do for us is to, say, give us some recommendations. "Here are 16 roads that need to be renamed. What fits in the system?" Here's what the landowners would like to have, here's what the developer would like to have, but here's what fits in the system. And, T. looks at it and says, "Hey, that list is fine." JUDGE HENNEKE: The question I have for T. is, in both of the orders he's presented, it delegates -- or appears to want to delegate the function of address coordinating, which is the entity that does all of those things -- COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: -- from the Court to 911. COMMISSIONER GRIFFIN: Well, we don't have anybody who is an address coordinator now. That's -- JUDGE HENNEKE: Address coordinator is more than lust a coordinator. If you look at the definition, that's the person who sets the names and sends out the notices, everything. MR. SANDLIN: No, the Address Coordinator in this handles just addresses. 29 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: That's it. JUDGE HENNEKE: No, look at your definition. Address coordinator is defined as the entity -- legal entity authorized and delegated to assign and reassign street addresses furnished by County or Municipalities. MR. SANDLIN: Right, street addresses. JUDGE HENNEKE: That doesn't include names? MR. SANDLIN: No, sir. And then there's another section that actually spells out what the coordinator would do, and that's on -- on Page 27 of 42, under Section 802. COMMISSIONER WILLIAMS: 27? MR. SANDLIN: Yes, sir, Page 27. We were hoping to make it clear that whomever you would appoint as Address Coordinator assigns numbers to buildings and lots and stuff. That's the purpose of a coordinator, not to -- not to name roads. JUDGE HENNEKE: All right. MR. SANDLIN: And, in the order, it specifically states that -- this is the suggested order, gentlemen: Kerr County Commissioners Court reserves and maintains its authority regarding your approval of road names, and then you would appoint who you like as Address Coordinator to operate within the guidelines. JUDGE HENNEKE: All right. COMMISSIONER WILLIAMS: And that's for the 30 ~• 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 numbering of unnamed roads? MR. SANDLIN: This just strictly has to do with the -- assigning address numbers. As far as the Address Coordinator, the Address Coordinator doesn't assign or reassign road names. That's -- JUDGE HENNEKE: We would keep the name responsibility. Once the names are satisfied, then you would -- MR. SANDLIN: We'll go put the little green marks on the street and -- I mean on the map, and -- COMMISSIONER GRIFFIN: Not on the street. JUDGE HENNEKE: Let me just push this a little bit further. On a new subdivision -- MR. SANDLIN: Yes, sir. JUDGE HENNEKE: -- how does that coordination work? Do they come to the developer -- do the developers come to you with the names they want to use and you then recommend to us that these are appropriate names? MR. SANDLIN: Yeah. We would say, Okay, they've came to us with their primary and their alternate road name, and either that primary or alternate road name meets with the guidelines, and then it's up to y'all for final approval. COMMISSIONER GRIFFIN: You would recommend to us yes or no7 MR. SANDLIN: Strictly a recommendation process. 31 ~"'~ /^ ,.._ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: One other comment. I mean, I kind of look at these two parts in this packet. One is how we do it, the administrative part, and one is the substance of the naming and all that. That part I think is great. I mean, I'd say very little needs to be changed. I mean, I read through it, it makes sense to me. Looks like it's a good system. My only concern is a little bit on the -- how we implement it, basically, and whoever we designate as the Address Coordinator, and also who's working with the plats. Since the Court is going to be delegating a lot of responsibility to someone, that affects a lot of our other business. We need to, I think, get some more detail as to timetable accountability, because we're under -- in our Subdivision Rules, under a pretty tight timeframe; working with developers, for example. So, we need to have that same -- make sure that this works with our Subdivision Rules, and also works from the standpoint of a timely response. And there's a timetable of how long is it going to take. That's one thing, actually, too; if you could kind of look at some of this renaming and addressing, assuming that you are going to be be designated the Address Coordinator, and also a response as to -- as to how long it's going to take -- to take on turnarounds on each individual's request from a subdivision standpoint and for -- you know, lust ask if you're going to get -- you know, whether it's one week, /"'` 32 ~" 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 I9 20 21 22 23 29 25 two weeks, whatever. MR. SANDLIN: Are you talking about an addressing assignment now, assigning address numbers to a plat or something? COMMISSIONER LETZ: Both. If someone wants to change a road name, you, I think, probably need to know what the timetable is if it's going to be looked at. You can bring it to us quarterly or monthly, how it's going to be handled. ~''` MR. SANDLIN: I hope that -- and maybe I wasn't that -- wasn't clear in the guidelines. Part of that, on anything that we would handle, it specifically gives some timetables that, once we send out a letter, they've got 10 days to respond. You know, if there's a -- there is -- there's a request for a road name or renaming, once they're given their their opportunity to respond, we'll notify them when the next GIS Committee meeting will be that will consider this -- consider their recommendation, by which time they can appear -- or suggest in writing their approval, and if everybody agrees, then boom. So, approximately -- approximately a 20-day process. There is a clause in there, too, that says if we have 35 property owners on a road that needs to be renamed or named, and they all agree to call it Bill's Lane, for instance, and it's -- they all sign off on the paper saying we agree to it, 33 ,~ 4 1 2 3 4 5 6 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 there's no need to go through all this other stuff, because the property -- I'm talking about a private access road, or private restricted road. They've all agreed to it. Then, if this case is somewhat short-circuited and it meets with the guidelines, we'll immediately bring that forward to y'all. As far as what timetable y'all set, if you want me to bring this to you quarterly or on an ad-hoc basis to be included in regular meetings or whatever, we're certainly workable on any situation like that. The one thing that I found difficult, and that other people or other entities that have engaged in this type stuff around the nation, is if we get too concrete on our timetables, it tends -- that, in itself, can tend to bog things down and get things confused. So, we tried to leave as much flexibility as we could. Generally speaking, once this thing gets into place for individual addressing -- I'm talking about when we've got all roads named and all the little tick marks on the streets -- on the maps -- on the maps, not on the streets -- it will be simply a matter of looking up what road they're on, and let's say that they were building another building on Lot 170, which lined up with 162. That's a matter of them showing me a site plan or showing me where the building is going to be. And, we say that's 162, issue them a letter, and that's usually a 29-, 48-hour turnaround time, but where we get letters out to the post office, the phone companies and alI /'` 34 ,~"` L - 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. So, it can go rather rapidly once the big bulk -- COMMISSIONER LETZ: As I understand it, based on this, anyone who owns property can get an address for that property; you don't need a structure on it, correct? It may change? MR. SANDLIN: Well, that's one thing that we did take into account in these guidelines, which was either not clear or was not accounted for in previous guidelines. Like I say, one of the basic tenets that came about in 911 is -- is you only address a building when you can see it on the ground; slab, staked-out foundation or something. However, that doesn't help the property owner who needs a power pole put in on his lot so that he can start building something. So, we had made a provision in there, and there's also contained in the guidelines what happens if, say, for instance, someone moves a driveway or they -- there's some flexibility, and we're trying to be as flexible as we can without busting the system. COMMISSIONER LETZ: Final question. This is going to cost a lot to implement. Is this coming out of your budget, or is it going to have to come out of our budget? I have no -- it's a question, 'cause it's going to be a lot more -- I mean, more meetings of the GIS Committee. I presume they're volunteers? MR. SANDLIN: Yes, sir. /^, 35 r`' ~^. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: They're going to be meeting, looks to me, like, probably 8 hours a day, 40 hours a week for the next couple years. And I just -- anyway, there's a lot of expenses going to be developed by this. MR. SANDLIN: Right. As far as the paperwork expenses, postage expenses and stuff that we handle, that's built into my budget. As you recall -- or maybe not recall -- some of you were here -- we did purchase that -- I'm calling it a sign-making machine, the deal that you put the vinyl tape in, you punch out the street name. And, we supplied the vinyl, white reflective tape, enough to do -- at the time, we figured around 8,000 signs. I don't know; there's a big variable in there as to size of letters. So, we have provided that at no cost to the County and the Cities. It's available for the Cities to use, too. COMMISSIONER LETZ: You have one and the County has one? MR. SANDLIN: The one we have we put out at the -- COMMISSIONER LETZ: Okay. That's yours out there? Okay. rr"` COMMISSIONER WILLIAMS: I have another question, Judge. This is not necessarily a question of T., but I'm questioning the phraseology in the agenda item. We're being -- we're talking about setting a public hearing date for the guidelines; is that correct? 36 r ~'` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Yes. COMMISSIONER WILLIAMS: Then the (b) part of this agenda item says also we're considering and discussing official approval of street names and addresses. COMMISSIONER GRIFFIN: Typo on the agenda. COMMISSIONER WILLIAMS: Pardon? COMMISSIONER GRIFFIN: Typo on the agenda. That's a typographical error that you can disregard (b). COMMISSIONER WILLIAMS: Disregard (b)? Thank you. That's what was confusing to me. COMMISSIONER BALDWIN: I want to say something. Actually, you're -- you're on a hot trail there. We're having our public hearing two weeks early, which -- which is fine, but I do want -- I want to make a comment. Commissioner Griffin and I met with the GIS Committee, with Mr. Chase and his group, and they adopted this document, and we also went over to the full 911 Board and watched them adopt this document. And, I think it's one of those -- those documents that we need to -- we need to grab ahold of and move with, and we're asking the City of Kerrville, the City of Ingram, and the City of Center Point to do the same thing. It's time. We're moving -- 911 is moving very fast now, in a good direction. And we want to keep moving and we want all of us to be doing the same thing. The more of us that will be doing the same thing, the faster and better this program f'" 37 /"` ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 is going to be. COMMISSIONER GRIFFIN: Let me add one -- COMMISSIONER BALDWIN: I want to commend both of your Boards for the hard work that they've done. COMMISSIONER GRIFFIN: I want to do the same, and also add that this -- this document is written on paper. It is not cast in stone. COMMISSIONER BALDWIN: That's right. COMMISSIONER GRIFFIN: This will be a living document. In fact, I would recommend putting it in a three-ring binder -- I already have to T. -- so that individual pages can be changed. We're going to not lust change this at the public hearing, perhaps. We'll probably find a few things that we may want to change at the public hearing, but as we wade into this, we may find something that is in the guidelines that doesn't work, and so we've got to change it. It's like any tech order or any user's manual, so we'll need to update it from time to time, anyway. And I would not get, at this point, too hung up on any particular phrase or sentence or whatever. We can hash that out before, during, and after the public hearing, and then see if we can come up with a firm document. But, it's going to change over time. We can't lust cast this thing in concrete once and chisel it in the courthouse wall and go on. COMMISSIONER BALDWIN: When are you saying the ,~'~ 38 !"'` . L_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 public hearing should be7 COMMISSIONER GRIFFIN: I would -- COMMISSIONER BALDWIN: Two weeks? Second. COMMISSIONER GRIFFIN: I would suggest that we do it as quickly as we -- probably in conjunction with our next Court meeting. And -- COMMISSIONER BALDWIN: I second that motion. COMMISSIONER GRIFFIN: I don't see this as a large -- I mean, this shouldn't take a whole lot of time. It's going to take some time, but it won't take -- I think we can do it at our next Court meeting. JUDGE HENNEKE: We have a request from Mr. John Gummert to addresses us on this issue. Mr. Gummert, if you want to come forward at this time? MR. GUMMERT: Thank you, Judge. Appreciate the time. I represent -- speak on behalf of two groups. One is a group of around 20 families that live on Cade Loop, hyphen, and/or Cade Road, which is between Ingram and Hunt. For five years, these people -- excuse me, these people have lived there anywhere from 6 months to 25 years. For five years, we've been trying get rural free-delivery mail on Cade Loop and/or Road. The post office says they cannot issue addresses; the 911 people issue addresses. The 911 people tell us that, no, the post office issues addresses. In this building, there are marks on the walls that identify this as i^ 39 ,~ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Cade Loop and as Cade Road; there's one right out here. We would like to resolve it, realizing it's a big job. That's one group I represent. I'm here basically because I also represent the American Red Cross Disaster Services group. I head that group. We respond to fires and floods and so forth, following the fire department or the law enforcement people. Last Wednesday, March 7th, we had a fire on Cedar. This was the address that came in to both Ingram and Kerrville Fire Departments. And there are 10 Cedar Streets in the County. We counted them up after it was all over, 10 Cedars. The identification was, "this is Cedar Street near Lime Creek." That was it. Well, I'm not going to speak to the -- for the fire departments and how quick they got there. I know we got there after going to four other Cedars. There's an East Cedar Drive and a West Cedar Drive, a North Cedar Drive and a South Cedar Drive, all between Ingram and Kerrville. So, this is the problem. We work in six other counties besides Kerr County, and the other six counties are way ahead of us. And, we would certainly encourage Kerr County to do it before you get any bigger. We have a lot of population; people are moving in. Just on Cade Loop-slash-Road, we have two new subdivisions that have been approved in the last year, and they're adding some more families. And, I have a question. Mr. Sandlin says he's going to 40 ~`, ~"` /'` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mail notices to people about these addresses. How is he going to mail the notices to us on Cade Loop? Some of us have a mailbox up on Highway 39, some of us get our mail in Ingram, some of us get our mail in Kerrville. So, there is no way to mail things to us on Cade Loop. And I'm sure this is the same for many other streets and areas in rural Kerr County. COMMISSIONER GRIFFIN: To specifically answer your question -- MR. GUMMERT: Yes, sir. COMMISSIONER GRIFFIN: -- I believe that -- did we not -- did I not hear at one of the meetings that those mail-outs will go to the holder, or on -- or to the entity who is paying the taxes on that land? They will be notified of what that lot number -- irrespective of a mailing address, per se, for that property, if there is rural delivery. If you -- am I confusing this worse? MR. GUMMERT: No. It would come with our tax notices, for example? COMMISSIONER GRIFFIN: It would come to your tax notice address. That's how you would be notified at this property. COMMISSIONER BALDWIN: It could be a non-resident. COMMISSIONER GRIFFIN: It could even be a non-resident. This said that from here on, that particular 91 /'~` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 taxable piece of property is going to have this lot number, or be designated as such. MR. 3ANDLIN: County tax rolls, whatever the owner address is. COMMISSIONER GRIFFIN: That's the specific answer to how you'll be notified. MR. GUMMERT: That's fine. Then, again, on behalf of both these two entities that I'm speaking for, we encourage the County to get on with it. We certainly stand willing to help. We have a lot of volunteers with some various degrees of expertise that would certainly, I think, pitch in and help you in -- in our area with that. COMMISSIONER BALDWIN: I was wondering, one of your questions was about Cade Loop and Cade Road? MR. GUMMERT: Mm-hmm. COMMISSIONER BALDWIN: That will be easy. We'll just turn it over the Precinct 4 Commissioner. That's his job. See how easy this is? COMMISSIONER GRIFFIN: I would go to the guidelines that's approved, and that exact thing is addressed in the guidelines. MR. GUMMERT: Good. COMMISSIONER GRIFFIN: On how you resolve it. MR. GUMMERT: I'm encouraged about this, because the County Road people put up a sign in the last six months 92 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 calling it Cade Loop, so I assume the decision has been made on that particular property. JUDGE HENNEKE: Thank you. MR. GUMMERT: Now we need addresses. Thank you. COMMISSIONER BALDWIN: We're getting there. COMMISSIONER WILLIAMS: I have a question. I am heartily in favor of setting a public hearing, but this is a lot to digest, and we're going to have a public hearing and we're going to expect people to comment on -- those who may be affected are going to have to comment on these rules and proposed guidelines. How is the public going to -- the public who's involved, concerned, how are they going to have an opportunity to digest this prior to the public hearing? COMMISSIONER GRIFFIN: There will be copies available in the Clerk's office for perusal by anybody who wants to come in and do that. If they would like to have a copy for their own use, that can be produced at a cost yet to be determined. I think we can establish a cost for that so that it is not the formal page-by-page, dollar-a-page or something like that. But, obviously, this one's big enough that we can probably set a 5-buck price or something if somebody wants a copy, the Clerk will provide them with one. JUDGE HENNEKE: I think it would be appropriate to have that as part of our motion on the public hearing. COMMISSIONER LETZ: Post it on the Internet. ~^ 43 ~""` ~_ /^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: Is it posted on the Internet. MR. SANDLIN: www.kerr911.com. COMMISSIONER GRIFFIN: It is posted on the Internet for anybody that's got access to that. JUDGE HENNEKE: The earliest available time I would have to have a public hearing on this matter would be 10 o'clock in the morning two weeks from now, which will be April 26th. Do I have a motion on -- COMMISSIONER GRIFFIN: I would so move. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: And will your motion include the availability of copies of these -- COMMISSIONER GRIFFIN: Availability of copies, yes. And, somebody help me here. What's a reasonable price that we have set on these kind of -- COMMISSIONER BALDWIN: $5. You can go down to the Clerk's office, sit down there at a table and read one, just like do you the budget. COMMISSIONER GRIFFIN: That's right. So, it will be available at no cost for anybody who wants to do it in the Clerk's office. Five bucks -- $5 for the copy to be made for you by the Clerk. And I would so move all of that, and that we have a public hearing at 10 o'clock two weeks from today. COMMISSIONER LETZ: My only comment on the time of 44 /"` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a public hearing, I have no idea what kind of response we're going to have, if we're going to need an hour or two hours for the public hearing. We'd better put it, like, 2 o'clock in the afternoon so we don't get rushed and push -- bottleneck the rest of the agenda on that day. COMMISSIONER WILLIAMS: Good suggestion. COMMISSIONER GRIFFIN: I'll amend my motion to make it 2 o'clock, rather than 10 o'clock. COMMISSIONER HALDWIN: That's awful. JUDGE HENNEKE: We have a motion by Commissioner Griffin that we set a public hearing on the 911 naming guidelines for 2 o'clock on Monday, April 26th, with copies of the guidelines being available for review at the County Clerk's office, and that copies of the guidelines may be purchased from the County Clerk's office for a fee of $5. Is there a second? COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Second by Commissioner Baldwin. Any further discussion? If not, all in favor, raise your right hands. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. I don't believe we have anything else. I think you had another comment? 45 /" /^ ~~. _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SANDLIN: If you'd like, I am making some more copies of this for this Board and the GIS Committee. I'll provide you with three bound copies. Would that be sufficient for the County Clerk's office? JUDGE HENNEKE: Jannett, is that -- MS. PIEPER: That will be fine. MR. SANDLIN: And if you'd like, I'll also provide it on disk where it would be easier to reproduce. Would that be of help? MS. PIEPER: That would be fine. COMMISSIONER GRIFFIN: That way you won't have to fax it -- or photocopy it; you could probably print it out. MR. SANDLIN: Also, if you like, there's the disk copy of the suggested orders. JUDGE HENNEKE: One final question. Where are you with regard to the other municipalities, other jurisdictions? MR. SANDLIN: Let me consult my calendar so I don't speak off the top of my head. Center Point -- it's been delivered to all the other entities. Center Point City Council is the only one that I know that's considering it quickly. They will be considering this Thursday, April the 15th, at 7 p.m. JUDGE HENNEKE: All right. Thank you. COMMISSIONER GRIFFIN: Thanks very much, T., appreciate the -- appreciate the work. 46 !"~ /'` 4 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. SANDLIN: I'll get those copies to the County Clerk. COMMISSIONER LETZ: Has the City of Kerrville been discussing this with you as much as we have in the past several months? Are they -- is this something that they're very aware of that is coming, or ]ust kind of something -- this is the first time they've received it? MR. SANDLIN: No, sir, they're aware of it. I have spoken with the City Manager regarding it. And, plus, their City Attorney had a lot of input on this initially when it was decided that that needed to be formulated. COMMISSIONER LETZ: So, they're -- COMMISSIONER BALDWIN: Yeah, there's several of us around that's been visiting. MR. SANDLIN: Thank you. COMMISSIONER WILLIAMS: Before you proceed, can I tell Ms. Chapman, sitting in back, we have already enacted your contract, but you're welcome to stay all morning, if you like. But, if you want to go on, that we've done yours already. ~~ MS. CHAPMAN: Okay. That's what I lust found out, so that's good. Thank you. JUDGE HENNEKE: All right. We'll now turn to Agenda Item No. 4, which is consider and discuss appointing Charles Wiedenfeld as the Kerr County O.S.S.F. designated 97 ~'~` ~'` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 representative and the Kerz County Floodplain Administrator. Mr. Brown, do you want to give us 30 seconds on what this is all about? MR. BROWN: Judge, members of the Court, for the record, my name is Jim T. Brown, General Manager, Upper Guadalupe River Authority, and I would like to ask for about a 3-minute personal privilege to talk about some items relative to the two items on the agenda, but -- and also relative to your consideration. Also, if I might, I would like to, at the proper time, make a comment on item 2.7 and item 2.16. Let me start with the comments about the O.S.S.F. program. We have asked the Court to officially designate Charles Wiedenfeld as -- as the designated representative. That name -- that program is still currently listed in the name of Mr. Litke, who is no longer involved in the program. The other -- the other issue I want to share with you is, back on February the 15th, 1999, all of the O.S.S.F. -- T.N.R.C.C. called all of the on-site septic program administrators, operators, designated representatives, into Waco for a 9-day meeting. It appears -- and, with great pride, I share this with you. It appears that now the T.N.R.C.C. has changed their rules, and their new adopted rules fairly well reflect the rules that Kerr County adopted back in the late 80's and the early 90's. So, we're way out of -- way out ahead. ~"~ 48 r /~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The interesting part of the changes that T.N.R.C.C. are looking at are those changes that relate to -- to water quality issues and quality of life issues, more so than the general nuts and bolts of the plan. It was during that 3-day meeting that, when the other County officials would ask about, "How do you implement this," the facilitators would often refer to the Kerr County representative and would say -- make a comment, such as, "Kerr County has practiced these rules -- these programs for the last 7 to 10 years; they're very familiar with it. I suggest that you get with them." And these -- these kind of comments were made very often during the 3 days that -- that the folks were there. So, in reading the history of the adoption of our program in Kerr County, we did it because we were concerned about water quality. The State of Texas now, some eight years later, has caught up with Kerr County. So, we should be very proud that we've set the standards, we've set the bar for the other counties to meet in their water quality program. The other comment I would like to make on the Floodplain Administrator appointment, the State's very slow, but we finally received the official copy of Charlie's Certified Floodplain Manager's program. For the record, the registration number is 0083-98. We will submit a copy of this to the Court for proper recording. 99 ~"~ ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The other couple of things I'd like to say about floodplain, Charlie's lust returned from a week down in Laredo, where, again, we're going through floodplain rules. Our current order pretty well tracks and is in concert with the State recommendation, so we don't anticipate a lot of need for changes there. However, there -- there are some new programs that we're going to have to discuss with the Commissioners Court in the future, and that is the Flood Event Reaction part of the program. We -- the Floodplain Administrator, in the future, will be responsible to assess all the damages in case of a flooding event in the county. It's his -- it will be his responsibility -- and let me back up and say all of this comes back to the Court. But, it will be his -- he will be the first-line person out there. It's his responsibility, through the Court, if necessary, to employ the -- the appropriate appraisers or professional engineers, whatever the case requires, to assess the damages, not only of the individual property owners, but also the damages of the local units of government; i.e., your roads and bridges, City of Kerrville's wastewater/water system, things of that nature. The second item on the floodplain issue that I want to discuss with you, we've requested funds from the U.G.R.A. Board, special set-aside funds, to conduct a study. Let me share with you, on October the 17th, there was an unusual ,^ 50 r`` ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 storm that occured on the Guadalupe River below Canyon Dam, and on the -- the Blanco River and San Marcos Rivers that was an equivalent to a 500-year flood. The Lower Colorado River Authority has asked the U.S. Weather Service and the Southern Streamflow Monitoring System to simulate that same rainstorm on the the Headwaters off the Llano River. Had that occurred in our county ]ust north of us, the flow at the confluence ofl the Llano River and the Colorado River would have been 700,000 cubic feet of water per second. Now, the biggest flood that we've seen here in Kerrville at the Kerrville Dam only relates to about 2.900 cubic feet of water per second. So, had that occurred, the water would have been 20 feet over the emergency spillway at Mansfield Dam in Austin, and they estimate the water would -- would have probably backed up to at least 8th Street in downtown Austin. What we have asked -- U.G.R.A. has asked the -- the U.S. Weather Service to take that same flood and simulate that same flood on the north fork and the south fork of the Guadalupe. We've received word this morning that they have received funds, they're willing to do this. Our next move will be to contact the City of Kerrville and officially come back and contact this Court. We would hope to coordinate this through the Kerr County Emergency Operations Office. And, if not included in that emergency team, we obviously need the -- the Kerr County Sheriff's /'` 51 r`` L r 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 29 25 Office, the Kerrville Police Department, the City Marshal's Office in Ingram, and other law enforcement officials, along with TexDOT, the Red Cross, and the U.S. military. One of the concerns expressed by the -- by the south -- the Southern River Monitoring -- Streamflow Monitoring Group, out of Mississippi, is that in the upper reaches or the west end of Kerr County, most of our roadway systems are along -- parallel to the river. If we'd had a flood like that, most of the roadways would be -- would have been inundated and we possibly would not have been able to pass. One of the things that we're going to be looking at in this -- in this simulation would be other spots -- high spots where -- where families -- where people could go, and we would have a designated clearing agent for the area, it would be mapped, there would be coordinates on it. Part of -- part of the team would also include the U. S. military. So, we need to be prepared. We don't know that it's going to ever happen, we but we need to be prepared for it, and so we're going to simulate that same flood and we'll determine how we best evacuate our families if we have a situation like that, worst case scenario. We're not going to -- we're not going to take an optimal case; we're going to look at the worst case. So, this is probably something that will occur over the next year. My presentation to you today is the first -- other than r^ 52 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 through Executive Committee at the U.G.R.A. Board. We will be working on this, putting the plan together, developing the scenario. At that point, we'll come back and visit with the Court and get your input and your guidance. But, I think we -- as many times as I've been out in west Kerr County along the two roadways, I've never really, in my mind, imagined what could happen if we had a 500-year flood event out there, and -- and the logistics of getting people out to safety. So, that's something new. It's something that we're going to undertake. COMMISSIONER LETZ: Before you leave that -- I mean, I think the frequency is probably a lot higher than the public thinks. I mean, there was a flood two years ago, and that dust happened to hit on kind of the Guadalupe and the -- or it was Cherry Creek, Holiday Creek, Joshua Creek, and Pipe Creek, basically. It was the same 20 inches in a day, right in that area. The reason I know about it, it hit right on my property. It was about what they had out there. And if that one flood right there would have moved, you know, 10 miles to the northwest, it would have been right over the South Fork. So, I mean, these floods are pretty common. We've been, I think, spared the bullet so far, because they've happened to hit right on the perimiter where it would fall into two big watersheds. I think it`s it's a real good idea. I would really encourage U.G.R.A. in taking a lead on that, because, ~• 53 ~^~- ~^", 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 you know, it will happen at some point. You know, who knows when? It may be 500 years, but it could also be relatively soon, because the frequency of floods like this are popping up, it seems, more and more frequently. MR. BROWN: Well, if this happens at night and we have people evacuate their homes and climb up in the mountains, we need to have -- people need to know where these spots are, that we need to map them. And, as we bring in military support to airlift people out, they need to know where these points are. So, we've got some -- we've got some mapping to do. I -- hopefully, we can work with 911, use their base maps, but I think that the community -- I think the community will be very responsive to this, because I think we realize that, living here, there's a huge quality of life issue, and I think we lust need to move on and be prepared. Hopefully, we'll never use it but -- and, Commissioner, I appreciate your -- your report the other day on the -- how the volunteer rain monitoring groups are not working. I had no idea that that -- COMMISSIONER BALDWIN: It's a mess. MR. BROWN: Yes, it really is. Along that line, let me, if I may -- and I'll finish at this point, Judge. Without going into -- because we're in -- we're in contract deliberations, we have found a purchaser for the system who -- the R.O.S. system, as we call it, who is willing to take /^• 54 s-~ ~,"`` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 it over, do long-term upkeep, maintenance of the system. The problem we're having in expeditious transfer is that we can't find an owner. No one out there vows to own this piece of equipment. It was a lease in U.G.R.A. The people who we were leasing it from did not go into bankruptcy, they simply closed their door. They had one major creditor, transferred all their assets to him. And, he is in the business of manufacturing gauges and telemetry equipment, has no interest in operating the system, but there is someone else who's interested. And a part of that will be a broad-based -- it will -- the system will be tied into the Edwards Aquifer Authority's rain gauge system that starts out on the west end of the county, and G.B.R.A.'s system, and L.C.R.A., I think, is going to join. So, the Weather Service will have a tremendous gauging operation that allows them to look at the entire county. The down side of this -- COMMISSIONER BALDWIN: Jim, excuse me for interrupting you. i want to ask you a question. There's something kind of unique here about -- I want to ask a question about the agenda item. MR. BROWN: Okay. COMMISSIONER BALDWIN: Mr. Wiedenfeld, you know -- the way I understand it, the State authorizes Kerr County to be the agent -- agent? r"'` 55 r"~ 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. BROWN: Yes. COMMISSIONER BALDWIN: And then we contract with U.G.R.A. to run the program. And, Mr. Litke's name has been on there all these years, and we're simply removing Mr. Litke and putting in Mr. Wiedenfeld's name. Is that the only thing? MR. BROWN: That is correct, sir. That is correct. COMMISSIONER BALDWIN: I move we do that. COMMISSIONER WILLIAMS: Well, there's two things there. COMMISSIONER BALDWIN: Oh, okay. It's on both on O.S.S.F. and -- COMMISSIONER WILLIAMS: O.S.S.F. and Floodplain Administrator. COMMISSIONER GRIFFIN: Is that your motion? COMMISSIONER BALDWIN: Yes, sir. COMMISSIONER GRIFFIN: I'll second that. COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: It's been moved by Commissioner Baldwin, seconded by Commissioner Griffin, that we appoint Charles Wiedenfeld as the O.S.S.F. designated representative and the Kerr County Floodplain Administrator. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. 56 ~^ `-- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 (No response.) JUDGE HENNEKE: Motion carries. Thank you, Mr. Brown. MR. BROWN: Thank you. And thank you for the personal privilege. JUDGE HENNEKE: Next item we'll take up is Item No. 5, which is consider and discuss the appeal of T.W.D.B. population estimates for Kerr County for regional water planning purposes. Just a brief background, for those who aren't familiar with this. As part of the Senate Bill 1 statewide -- regional-wide water planning process, the State has provided each region and each county within each region with population estimates running out through the year 2050. There is a process for appealing those population estimates if it's the opinion of a number of people in the county that the population estimates for the county are inadequate. And, the decision before us is whether or not to participate with the U.G.R.A. and probably the Headwaters in an appeal of those population estimates. Jonathan, do you want to say anything? COMMISSIONER LETZ: Not really. We had a meeting last week. The Judge and myself attended, along with other representatives in the county, and I guess Bandera County and Real County, with the Water Development Board and the individuals -- Mr. Bloodworth, who is kind of the head of ~, 57 r''^ ~~ 1 2 3 9 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this department at T.W.D.B.. And, certainly, I agree with the Judge that, you know, the numbers are not accurate. And -- and if we don't think they're accurate, appeal them and they'll probably modify them. I think we, you know, should do so, to get them as close as possible. From a Region J standpoint, the toughest part of this is the timing of it, and I think there's a page in here -- we need to have these numbers -- the way the process works, anyone who wants to appeal them gets them to the Region J Board, and then we have to compile it all into one package and then send it off to Water Development Board and appeal it as a region. We need to have this as a region in early May. So, I think that what we're looking for today is basically for the Court to say proceed with it, and I guess, presumably, for the Judge to possibly work on the actual appeal, and bring it back to the Court for approval at our next Commissioners Court meeting with revised numbers. That will be done, you know, by, say, the Judge -- he and I have been working on it for some time with Jim Brown, of course, and the City of Kerrville, Headwaters, all the entities in Kerr County, as well as -- COMMISSIONER BALDWIN: So, you not only say, "We don't like your numbers," but, "Here is what we think the correct numbers are"? COMMISSIONER LETZ: Correct. And we will -- and 58 t"" 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 most of our -- I think the challenge will be based on -- all of our challenge is based on data we currently have in place, whether we've received it from the phone company -- Kerrville Telephone has done quite a few studies. Their numbers are, you know, pretty ambitious, I think, population-wise, but certainly they are valid numbers. The Chamber has numbers. The HDR study that KPUB, U.G.R.A., the City participated in that, they've got numbers. The HDR study also has consumption numbers, which we will appeal as well. We can appeal both population and consumption per capita, and if either one is off, it could have a big very impact, potentially, in the future. COMMISSIONER BALDWIN: It's funny how everybody scrambles around rallying around the Water Development Board numbers, all these things. You know, we love those things. All of a sudden now, we're going to protest them. COMMISSIONER LETZ: And a lot of it is, their demographics don't fit Kerr County because of our population make-up and number of retirees that continue to move into this area. They show everyone dying, and that has not been the historical record of Kerr County. If you go back 50 years, we've had a very -- look at every 10 years after that, we've had a very consistent growth rate. And, Water Development Hoard's growth rate is 30 percent lower than what we actually have have seen in the last 50 years. 59 ~. ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: We just need to make -- approve a motion to do something here? Or -- JUDGE HENNEKE: I think we need to take a formal position on appealing the population estimates and consumption estimates. The U.G.R.A. has offered to take the lead in preparing a unified set of numbers, and I think the idea is that each jurisdiction that's participating would join in the appeal based on those consensus numbers. We do have the advantage in that Headwaters Underground Water Conservation District had to submit its Water Management Plan on September 1st of last year, which was approved by the T.W.D.B. using better numbers than what they're now proposing to saddle us with. So, I think we have the opportunity to improve our position on those numbers. COMMISSIONER WILLIAMS: Judge, let me offer a motion that Kerr County join the Upper Guadalupe River Authority in challenging the population projections and consumption projections that were put forward by the Texas Water Development Soard and move that process forward. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that Kerr County join with the U.G.R.A. in appealing the Texas Water Development Board population and consumption estimates for Kerr County. Any further discussion? If not, all in favor, raise your right T 60 /'~ f"' r'` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We'll now go to Item No. 6, which is the concept plan for Twin Springs Ranch Subdivision at the end of Spur 100, Precinct 2 and Precinct 3. Franklin? MR. JOHNSTON: I'll -- I'll turn it over in a second to Michael Lindley and let him run through his -- and/or Don Voelkel, and let them run through the plan. The one comment I had was about the access to the subdivision. It has to traverse several hundred yards of an easement from Spur 100 before it actually gets to the subdivision, and I think probably the subdivision should continue all the way to the County road to make a -- a deeded easement rather than -- or a deed access, rather than dust an easement. JUDGE HENNEKE: Has anyone reviewed the easement to insure that it is for the benefit of this entire subdivision tract? MR. JOHNSTON: Not at this point. The concept plan -- we haven't really got into it, but -- COMMISSIONER BALDWIN: Well, I like the concept -- COMMISSIONER WILLIAMS: Let Mr. Lindley speak. COMMISSIONER BALDWIN: I'd like to speak, if you .i - 61 /" 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't mind. i like the concept acres. I like the concept, I 1 But I don't like when you can't that's the only -- that's my -- personally, but it's -- they're helicopters or what? of 25 acres and maximum 91 ike that line of thinking. get in and out of it. So, I approve the concept, going to be coming in by s^ L ._ MR. VOELKEL: That's what we're hoping. COMMISSIONER BALDWIN: Okay. MR. VOELKEL: I'm Don Voelkel, and Mike Lindley and I are both here. This was lust a concept plan. That doesn't really show -- like, the preliminary plan -- when we bring the preliminary plan, it will show that stretch of road. There's -- I think Mike said there's maybe quarter of a mile from the entrance to this development over to Spur 100. It's deeded easement, and we'll put all that information on the plat. We don't own all that property, but we have access to it. I mean, the entrance -- the access to our entrance is through that, and I -- it's behind -- starts out -- Buster, it starts out as a 60-foot-wide access, and then the current owner bought an additional 90 feet, so at about 150 yards it goes to a 100-foot access to the property. So, you know -- COMMISSIONER BALDWIN: Not only helicopters, but airplanes. That's good. I like the language in this. COMMISSIONER WILLIAMS: Mike, is there a possibility you can obtain -- purchase that instead of having) /'• r 62 ;^` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 just an easement? it's been there since possibly you know, 20-something years the Court a copy of the see that it's, you know, an don't know if we can purchase into that. MR. LINDLEY: Well, Shelton bought the property, ago. And it's -- I can bring easement documents so you can open access to that ranch. I it or not. We haven't looked COMMISSIONER GRIFFIN: I would like to just stomp on the point that the Judge made, and that is that we -- I would look at those easement documents very carefully to make sure that there is not some reason that, in the future, somebody could say that the easement does not apply; it applies for access to other properties, but not to this, for whatever reason. That's for your protection, and certainly for the Court's protection, if we're going to approve the -- the first and second plats. MR. LINDLEY: Right. COMMISSIONER LETZ: There is an area that -- I just want to make one point, let Mike and, I guess, the public and the Court know, we really don't have a formal Master Road Plan, but at some point Spur 100 has been thought to be a logical road to carry north to Cypress Creek Road. And that's just out there, you know, as something to think about. Because if -- you know, and I don't know where this goes -- as you go further up, how this ties in with that other ___ _ _T 63 /"'~ ~. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 property that's up in that area, and that was the subdivision up there where the radio tower is, you know, how that all fits. i know we're getting pretty close the further north we go up Spur 100. And I think it's something that, you know, as the Court, we need to be very conscious of, that we don't, you know, start putting subdivisions in areas, as we've done in other parts of the county, that we all of a sudden cut off future road development. And there is one that I know that the City of Kerrville has looked at and we've looked at previously in the county, from the standpoint of Spur 100. MR. LINDLEY: When I was at the road office the other day, I was dropping this off for Mr. Johnston, and Leonard Odom was there and we discussed that -- that idea. And he said he had talked either with the Court, or had also visited with the City, and that they talked about this situation, and that since that road dead-ends about another half a mile up there, that they had refocused on looking at where that road ended and where the most logical place and the closest place to hook into Cypress Creek Road would be. And, because this butts up to two other private subdivisions on the north and the east side of it, that they -- that, you know, they had gone away from looking at this like they did, you know, two, three years ago. It wasn't a logical position or a logical place to even look at it. COMMISSIONER LET2: You lust brought it up to us to rte'! 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be aware of it, that y'all were discussing it with Road and Bridge? MR. LINDLEY: Like I say, I hadn't talked about it, either, since we did last time, but Mr. Odom brought it up that they had focused more -- were looking more toward the end of the road where it dead-ends to those two ranches and going up to the adjacent property line where they adjoin, and then coming down Cypress Creek. COMMISSIONER LETZ: Just a question, trying to simplify your life a little bit in the future. Where is the dividing line between 2 and 3 on this plat? COMMISSIONER WILLIAMS: I was going to ask that question, too. COMMISSIONER LETZ: I know basically it's the power line. The power line. MR. LINDLEY: It's the power line there, your power line right here. So, all that is really in -- COMMISSIONER LETZ: That corner? MR. LINDLEY: It's that corner right there. COMMISSIONER LETZ: I get this little corner right here to build on. COMMISSIONER WILLIAMS: That's all? COMMISSIONER LETZ: That's it. The rest of it's here. And, I was saying that for -- from your standpoint, rather than having to deal with two Commissioners, the 65 r^` 4 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 majority will be in Precinct 2, so you can deal with Commissioner Williams, I would say. MR. LINDLEY: I pretty much was aware of that. That's the reason I wanted to meet with Mr. Williams, take him on the property, so he would know what we were looking at. COMMISSIONER WILLIAMS: We did that. MR. LINDLEY: So you can bring that information to the Court. JUDGE HENNEKE: Is it your intent that each of these lots would have their own septic -- well and septic system? MR. LINDLEY: Yes, sir. MR. VOELKEL: And the concept that Mike wants to put in is similar in fashion to Whiskey Ganyon; not necessarily at Spur 100, having an entrance with a private gate, but that the entrance to this property -- where it shows coming into this property right now, have a gated community. MR. LINDLEY: We couldn't build it on the public road. I like that situation better here than I do the Hidden Hills and the Whiskey Ridge and the River Valley and the other large-tract developments out there I've been involved with, for safety reasons. I mean, you've got some relief coming off the county road where you turn back in there /^ 66 ~^. r^ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 before you stop at the gate. And, of course, we've worked with the Highway Department on our setbacks and done everything, you know, to meet with their requirements and do everything, you know, with their regulations and so on, and do things right. But this makes it even nicer to have a, you know, couple hundred yards to get off before you stop at a gate and go into your development. So, I see this as an asset instead of a -- MR. VOELKEL: You continue the road construction all the way to the Spur 100; you wouldn't leave that unimproved. MR. LINDLEY: That would be paved from the County road all the way to the development. MR. JOHNSTON: When we talk about the type of road, I think, under our rules, this would require local road specs because of the number of lots, as opposed to the -- to the country lane. MR. VOELKEL: The type of road they was wanting to put in was the country lane, which is 20-foot wide base and I6-foot-wide pavement. And, with just -- there's only 22 tracts out there. That's -- that's not a large number of homes going in, and that's why we'd like to use the country lane. And, we didn't know if you'd rather us do it in sections, or do it all at once and ask for a variance for the country lane. _i .._ 67 `, 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: Country lane, not if it's -- what did you say, 22 lots? MR. LINDLEY: Well, what we were -- MR. JOHNSTON: Our rules have an arbitrary number of 15, maximum. COMMISSIONER BALDWIN: Okay. MR. VOELKEL: So, we're at 22 right now. MR. JOHNSTON: Seems an appropriate type of road for this development. MR. VOELKEL: That's why we brought the concept plan, to let you know. We also have some in the E.T.J., so we'll have to get this meeting done, then we'll have to go to the City for another permanent concept. COMMISSIONER WILLIAMS: How much is in the E.T.J.? MR. VOELKEL: I think about the front four or five tracts. MR. LINDLEY: About 120 acres, and all the access road from the County road in. MR. VOELKEL: We wanted to nail down what -- what our concept was with y'all before we went to them so that we're not like a tennis court, back and forth. But that's what our preference would be, to do the same same type of road for the full length of it, and put it in as a country lane, like Mike was explaining. COMMISSIONER BALDWIN: I like the concept, the size 68 r-~ l'"` ,~"~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the lots and all that. I don't think -- I'm not going to comment on the country Iane at this point. Probably the preliminary plat would be a more appropriate time. But, I like the concept, and -- and I think that's what this meeting is all about, is whether we like the concept or not. COMMISSIONER LETZ: I agree. I think it looks like a good concept. The only road issue is just that front part where that maybe this front section would be local road, the rest country lane. MR. JOHNSTON: It might require a different road standard, anyway, the first section on it. That would probably bring it down to the 15 lots in the rear, anyway. How many lots in the front? MR. LINDLEY: About four. MR. VOELKEL: Four to six. COMMISSIONER LETZ: Bring that front area up. You probably could go within our rules to the back majority. JUDGE HENNEKE: We need a motion to approve the concept plan. COMMISSIONER WILLIAMS: I'll move that the concept plan be approved as submitted. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Letz, that the concept plan for Twin Springs Ranch Subdivision be approved. Any further _ _. 69 r'^ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, gentlemen. At this time, we'll take up No. 7, and I believe after we finish this one, we'll take a short beak. Agenda Item No. 7, consider approval of Letter of Credit for Cypress Springs Estate, Phase I, and the final plat of Cypress Springs, Phase I. Let's take them in order. First, Letter of Credit. I will say that the Letter of Credit has been reviewed and approved by our civil attorney, Mr. Pollard. Franklin, do you have anything else to add on that? MR. JOHNSTON: No, I don't have anything to add on that part. JUDGE HENNEKE: Do you agree? COMMISSIONER BALDWIN: You want an order on each one? JUDGE HENNEKE: I think so. COMMISSIONER BALDWIN: I move that we approve the Letter of Credit. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Griffin, that we approve the Letter of Credit for Cypress Springs Estates, Phase 1. Any further 70 r^ ~` 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: We'll now consider the final plat of Cypress Springs Estate, Phase I. MR. JOHNSTON: I think you have a copy of the final plat there before you, and along with that, they've furnished a performance bond from Aqua3ource to install the water system. The Letter of Credit you lust approved, they have the letter from T.N.R.C.C. approving the water system. COMMISSIONER BALDWIN: There is a letter from T.N.R. -- I thought I read that -- read one that said it didn't. MR. JOHNSTON: Well, it's preliminary approval until they actually get it in, and I think they get final approval. COMMISSIONER GRIFFIN: They have to inspect it. MR. JOHNSTON: Have to inspect it first, but I think it's tentative approval, whatever the wording is. COMMISSIONER BALDWIN: All I see here in dark letters, "The well in this project is ~ approved for use as a public water supply..." MR. JOHNSTON: Yeah, that's the letter. COMMISSIONER GRIFFIN: Till they inspect it. 71 r-- !"~ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. JOHNSTON: It says "approved for construction" on the front page. COMMISSIONER BALDWIN: Okay. MR. JOHNSTON: So, there will be an inspection process. Then you have a copy of the U.G.R.A. preliminary plat review, which says they meet the requirements checklist. I recommend approval. COMMISSIONER WILLIAMS: So, it's going to be one well and one water source, right? Is that correct? MR. JOHNSTON: One well? One well. COMMISSIONER WILLIAMS: One well? MR. JOHNSTON: For this phase. COMMISSIONER WILLIAMS: Distribution system? MR.JOHNSTON: Possibly other phases, there'll be additional wells? MR. WHIDBEE: Multiple wells. MR. JOHNSTON: But for this one, just one. JUDGE HENNEKE: Mr. Brown, do you have a comment on this? MR. BROWN: Very quickly, for the record, Jim Brown, General Manager, Upper Guadalupe River Authority. My comment on this, when the -- if you recall -- well, some of you weren't on the Court then, but those of you who were on the Court recall that when the preliminary plans for this subdivision was submitted, U.G.R.A. had some -- some real A 72 ~,"` r^ ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 concerns about sedimentation control and pollution of the river. I want to -- for the record, I want to say that working with Mr. Whidbee and his other partner, they have done an exemplary job of -- of containing their siltation and their storm water diversions into their settling ponds, which will certainly enhance the quality of the water as a result of this subdivision. So, I'm going on the record now that they've worked with us, and we're extremely pleased with what they've done, and we think they've set a model for the County. COMMISSIONER LETZ: Of course, you haven't had any rain, Jim. MR. BROWN: The devices are in place. COMMISSIONER GRIFFIN: I may just add to that, that I have really -- I really agree that this could be the model of the way it works. The owners have really done a super job of coming to me with questions when they had them. They've gone to -- to the Engineer, they've done it the right way, and that is to find out what's right and then go do it. And, I would recommend that this procedure, from first to last, is the way they all be done. COMMISSIONER BALDWIN: Hear, hear. COMMISSIONER GRIFFIN: It would save us a lot of problems. COMMISSIONER GRIFFIN: I make a motion that we ~"~ 1 I 73 ~''` /" ._ r'` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approve the final plat as presented. COMMISSIONER LETZ: Second. JUDGE HENNEKE: It's been moved by Commissioner Griffin and seconded by Commissioner Letz that we approve the final plat of Cypress Springs Estates, Phase I, as presented. Any further discussion? Franklin any -- anything further? MR. JOHNSTON: No. JUDGE HENNEKE: All in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. It's 10:32, and we're going to stand in recess until 10:45. (Recess taken from 10:32 a.m. to 10:45 a.m.) JUDGE HENNEKE: Commissioners Court will now return to session. We'll take up Agenda Item No. 8, which is consider action for violation of Kerr County Subdivision Rules and Regulations. Mr. Johnston, I believe, and Bill? COMMISSIONER WILLIAMS: That's in -- it's in my back yard. Let Franklin tell you about it. MR. JOHNSTON: The 1869 Ranch, between Center Point and Comfort, is apparently offering lots for sale without filing subdivision plats. The owner of that land was in the Court last fall, and we heard his comments -- I have a copy 74 /" r.,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 attached -- to the Court, where he said he was only selling property that fronted on Highway 27 ox Stoneleigh Road. Subsequently, sales literature came out, and there are lots that have no access to any road. COMMISSIONER WILLIAMS: Franklin, I have a couple questions about this. The material that you provided us -- MR. JOHNSTON: Mm-hmm. COMMISSIONER WILLIAMS: -- let's go to the little map drawing on the back of your -- MR. JOHNSTON: That's the only information I had. Apparently, they lust chopped off four lots. COMMISSIONER WILLIAMS: So, we're saying that Lots 2 and 3 are, in effect, landlocked? MR. JOHNSTON: Yes. COMMISSIONER WILLIAMS: And then the one that's identified as Lot No. 1, that he's got some sort of an -- is that an easement, that little piece that logs out through? MR. JOHNSTON: I'm not sure. COMMISSIONER WILLIAMS: Did you obtain this from the realtor or what? MR. JOHNSTON: Mm-hmm. COMMISSIONER WILLIAMS: And if we don't do what the realtor is saying with respect to ingress and egress for that one Lot No. 1 -- MR. JOHNSTON: No, it is was -- Sherxon Property 75 r"'` ~'"` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 apparently faxed this to the Court, and I received that. That's where I got it. COMMISSIONER WILLIAMS: Well, this gentleman's approach to Commissioners Court was one thing, and then his desire to do something appears to be quite to the contrary. I'm not going to bother the Court with all the things he said; you can read it. But, some of statements he made, I underlined here, are in direct contrast to what he now is offering for sale, so I think -- let's not have a reprisal of the Elgin Bank case. Let's just bite the bullet, the way I see it. Let's get this man to tell us exactly what his plan is. If he needs to have a subdivision plat, let's do it, get it done. COMMISSIONER GRIFFIN: Question. Is he aware of this being on the agenda today? Do we know? COMMISSIONER WILLIAMS: I don't know if he is or not. MR. JOHNSTON: I didn't notify him. I just wanted to bring it to the to the Court's attention. COMMISSIONER LETZ: He's a resident of Kendall County. COMMISSIONER BALDWZN: He fussed about it last time. COMMISSIONER GRIFFIN: That's the reason I asked. COMMISSIONER BALDWIN: Oh, is it in there? /~ 76 /~ 1 2 3 4 5 6 7 a 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: The procedure in the Subdivision Rules is that the-- you know, the County Engineer, whoever finds an apparent violation brings it to the Court and they assign the County Attorney to look into it. COMMISSIONER WILLIAMS: I think that's what's appropriate. We're not going to take any action on it today, except to maybe -- maybe request the County civil attorney to notify this man that, from all outward appearances, he's in violation of Subdivision Rules and Regulations, and that he should make some effort to bring us up to speed on what he plans to do, and then we'll determine whether he's really in violation or not. I would move that we do that. JUDGE HENNEKE: Well, I would like to suggest that we don't have our civil attorney notify Mr. Muller; that we have Franklin notify Muller that this is on the agenda for the next meeting, and forward this to Mr. Pollard to do a record for us at the next meeting as to how this falls within Elgin Sank. I mean, from the drawings, it seems to me -- it's quite clear that he is in violation of the platting subdivision requirements, but I'm not really going to make that call on my own. So, I think, perhaps, the better procedure might be to send him a letter saying that we intend to discuss the status of this subdivision at our April 26th meeting; at the same time, ask Mr. Pollard to do a little 77 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 investigation and give us his opinion as to whether or not this is a violation of the subdivision platting requirements. COMMISSIONER WILLIAM3: Sounds like a good approach to me. COMMISSIONER BALDWIN: My only question is that -- do we use Mr. Pollard or Mr. Motley? I was thinking Mr. Motley, but if y'all think Mr. Pollard -- JUDGE HENNEKE: Well, this -- you know, it raises the whole question of whether this is a civil or criminal matter, and also it raises the question of timeliness. COMMISSIONER BALDWIN: That's a different issue. JUDGE HENNEKE: And I would like to have -- have a response. COMMISSIONER BALDWIN: That's fine. I just view it as kind of a more -- in line with State law, you know, and that's where my mind goes. JUDGE HENNEKE: I don't disagree with you, but I'm not sure if a violation of the Subdivision Rules is a criminal or a civil proceeding, and that's how you would hang up on that one. So, my suggestion is we get Mr. Pollard to -- to do a quick review and a report for us. MR. JOHNSTON: Will the Court be in touch with Mr. Pollard, or do you want me to -- JUDGE HENNEKE: I'll be in touch with him. If you'll write a letter to Mr. Muller -- r^ 0 78 T t'om` !~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 I8 19 20 21 22 23 24 25 MR. JOHNSTON: Muller. JUDGE HENNEKE: -- Muller, that's what we want to do, telling him that we intend to review the status of this subdivision for compliance at our April 26th meeting. COMMISSIONER LETZ: My only comment on it is I think, if you read through the questioning at our prior meeting, that he was there because of his history in Kendall County of not following Subdivision Rules. He is a former County Judge down there. And, that's why I was, you know, a little bit rough with him, you could say, in my questioning, because I flat said in Court that, You didn't follow the rules in Kendall County; we're not going to let you do that in Kerr County. And he clearly assured the Court that he was not going to violate our rules. And, just sending that letter to him about violating the rules, I think, is one that -- you know, I support what y'all are saying, but remember, he's already had one chance with us, in my opinion. COMMISSIONER WILLIAMS: I think there's a sense of urgency in this, in that if we allow this gentleman to get away with it, there are other developers who would be looking at that, at our inaction. COMMISSIONER LETZ: Right, I agree. COMMISSIONER GRIFFIN: Do we have a motion? COMMISSIONER WILLIAMS: I moved it, yeah, in accordance with the Judge's revised approach. --- --T- 79 `_ v^. 1 2 3 4 5 6 7 8 9 10 it I2 13 14 15 16 17 28 19 20 21 22 23 24 25 JUDGE HENNEKE: Great minds run together. COMMISSIONER GRIFFIN: I'll second it. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Griffin, that the County Engineer write a letter to Mr. Muller notifying him that the status of the subdivision will be reviewed by the Court at the April 26th agenda, and that the County Judge ask our civil attorney, Mr. Pollard, to prepare a review and report for us prior to that April 26th meeting. Any further discussion? COMMISSIONER LETZ: My only comment is just that I think you should send it certified, return receipt requested. JUDGE HENNEKE: Absolutely. JUDGE HENNEKE: If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Thank you, Franklin. At this time, with the Court's indulgence, I'd like to skip to Item No. 14. I see our esteemed Tax Assessor/Collector is here with Mr. Shiever, and I'd like to accommodate him. He's come over from Austin to take up the item. So, without objection, we'll take up Item 14, which is consider and discuss procedure for approval and consent of bids for the resale of trust property. 1 80 ~~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHIEVER: Morning, gentlemen. JUDGE HENNEKE: Mr. Shiever, how are you? MR. SHIEVER: Just tine. How are you a117 Let me go ahead and distribute a couple handouts to you that are really not pertinent for this morning, but this will kind of outline what I do day-to-day. COMMISSIONER LETZ: Thank you. MR. SHIEVER: Hot off the presses. COMMISSIONER BALDWIN: Thank you, sir. MR. SHIEVER: They're, just like I said, outlines, basically. One is the overall procedure for collection of delinquent taxes, and the other one is talking mainly about trust properties, which is the subject for consideration this morning. I guess it was a month or so ago, it was brought to our attention, in the sale of one of the trust properties, that no one seemed to know exactly where or if there was a prior order delegating the approval or consent of a sale of trust property to the Tax Assessor. Of course, there's always been the signature of the County Judge, so there's never been any problem with the validity of any of the conveyances. Now, when i say "trust property," this is property that the tax jurisdictions receive in trust. Whenever there's no sufficient bid at a Sheriff's sale, the property can -- if it's a school suit, then the property will be held in trust 81 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by the school for resale. If it's one of the suits I filed for the County and no one bids on it, then it comes to the County in trust for us to resell it. And, we can sell it -- or either jurisdiction can sell it for the lesser of either what is due against it or the last appraised value. Now, we can sell it for less than that, but if we do, all of the jurisdictions have to agree, and that's where you get into consent. Previously, what we've been doing is that -- that responsibility was -- was delegated to Paula, and I believe Doris even prior to that, wasn't it? Okay. Where, say, for instance, it was County property, the County had to approve the sale or not. And if, in the estimate of the Tax Assessor, it was a reasonable offer, then they would approve it and bring it to the County Judge, who would sign it. If it was a sale of school property, then we didn't have to be involved in it, unless it was for less than the amount due or the just value, and then we would have to consent to it, and she would either say yea or nay to the consent. So, what brings us here is, do you want to make that practice official, or do you want to get into the more common practice of actually having to approve -- or the consent being made by the whole Court, just like the school board, I believe, does right now? COMMISSIONER BALDWIN: That is the common practice 1 82 ,~- r^ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 across -- in County government? MR. SHIEVER: These days. We used to even have -- 25 or 30 years ago, even have some jurisdictions that wanted to appoint an actual sales agent, who not only would approve or consent to the sale, but sign off on the deed. I haven't researched that for so long, I'm not even sure if the rules of agency would still allow us to do that. But, clearly, the -- the majority of jurisdictions just follow the Tax Code; they go ahead and consider it themselves, and then the presiding officer of the governing body -- in this case, Judge Henneke -- would sign the deed. The only change that has been made recently is that the Tax Code used to say that the -- the signature of the presiding officer constituted evidence of consent. Now it just says that it is evidence of consent. Hut, I would certainly urge that we continue -- you know, even if you wanted to delegate the approval and consent to the Tax Assessor, I would still think that you would want to sign it, 'cause it's easier to find a deed with your signature on it than it is in the minutes, which is where we are today. So, simply, that's the subject. COMMISSIONER BALDWIN: I don't have information ones way or another -- I mean, what we've been doing with her signing off on the thing, and it always ends up at your desk,l anyway, I don't see what difference it makes. Other than if ,~`` 83 I 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's just common practice for County government to have a full Commissioners Court. I like -- I like Commissioners Court orders for future reference. JUDGE HENNEKE: To me, if we have a system that's not broke, you don't necessarily break it by fixing it. Paula, what are your thoughts? MS. RECTOR: I think that's up to the Court. We haven't had a problem in the past with the procedures that we followed. The Judge ends up signing the final deed and is fully aware of what I agree to as far as the sales price. MR. SHIEVER: And, certainly, if we lust follow the Code and the Court would consider each sale, it would be upon a recommendation of Paula, so she wouldn't want to ]ust leave you out there. We always go look at the value first, you know, the -- the CAD value, and see if that appears to be correct, and go from there. And, all the same kind of steps would still be taken and she would just make the recommendation to you all, and one of you all might have particular knowledge if it was in your precinct, even. COMMISSIONER LETZ: How many of these do we have? MR. SHIEVER: Not many. MS. RECTOR: Very few. We have very few in trust accounting. We try not to -- MR. SHIEVER: We're talking about two or three a year. !'` 89 i"` ,i-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MS. RECTOR: Yeah. MR. SHIEVER: With contracts with Brazoria County, we've probably got three or four hundred. COMMISSIONER LETZ: It's more the frequency. If it's two or three, I don't have a problem coming to the Court at all. If it's good bunch, I'd want to delegate it to the Judge. Sorry, Fred. JUDGE HENNEKE: Anyone else have any questions? Does anyone have any preferences? I mean, the choice before us is to have the Commissioners Court, as a whole, approve consent to the sale upon the recommendation of the Tax Assessor/Collector, or to delegate that consent authority to the Tax Assessor/Collector with the understanding that the County Judge would then execute the actual deed from Kerr County as the entity holding title, but pursuant to the tax foreclosure to the ultimate purchaser. COMMISSIONER BALDWIN: That's the way we've been doing it for all these years without an actual Court order? JUDGE HENNEKE: Apparently so. MR. SHIEVER: Well, that's the problem, see. But, Buster, we couldn't find where it was, 'cause it's so long ago. COMMISSIONER BALDWIN: Let's do it again so, 20 years from now, when we have a new Court, we can always do this again. And that happens; that's that's what concerns me r''~ 85 /"', ~.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 about -- about not having court orders, is being able to track these things later on. Like County roads; you know, "How is this a County road?" "Hell, I don't know, but the County maintained it for 25 years." You know, the good- old-boy thing. There's no record of that stuff, and that's -- anyway -- MR. SHIEVER: That's why I like to say we want to have the Judge sign off, in any event, so we don't have to be looking for those. COMMISSIONER LETZ: I move for Option 2, that we designate the Tax Assessor/Collector and the Judge to sign the deed. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that the Commissioners Court delegate to the Tax Assessor/Collector the authority to consent to the sale of any property taken pursuant to a tax foreclosure sale for which Kerr County is the title-holding jurisdiction, with the understanding that the Kerr County Judge would be authorized to sign any deed as recommended by the Tax Assessor/Collector. MR. SHIEVER: Actually, Judge, we want to extend this to not only when Kerr County holds title, but when the school holds title, and we're consenting that we do the same thing. 86 T ~"`. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: It includes that. Any further discussion? If not, all in favor, raise your right hand. {The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: And motion carries. MR. SHIEVER: Thank you, gents. And if y'all end up having any questions on the outlines, well, ask Paula or ask me. COMMISSIONER BALDWIN: Jerry, I just had a kind of personal question. How long have you been hanging around Kerr County? You can be honest with us. MR. SHIEVER: Early '80's, I think. MS. RECTOR: Twenty years. COMMISSIONER BALDWIN: Twenty years. I've seen you around here forever. MR. SHIEVER: Well, Doris hired me to defend a lawsuit back in the early '80's, and then after that, we started the delinquent tax collection work, so I think it was in the early '80's sometime or another. But, yeah. COMMISSIONER BALDWIN: Part of the family. MR. SHIEVER: Yeah. Well, that's right, I feel like I'm at home here. I'm a little grayer than I was then, too. Thank you. COMMISSIONER HALDWIN: Thank you. - ~--- 87 ,~ ~^ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Thank you. We'll now take up Agenda Item No. 9, which is consider and discuss transfer of Commissioners Court van to Sheriff's Department. I consider this basically to be a housekeeping matter. One of my first Commissioners Court meetings, I questioned why we were doing maintenance on a van for the Commissioners Court, and it was explained to me at that time that this was a vehicle we owned which was used by Adult Probation Services to transport Community Service workers, and also by the Sheriff's Department to transport prisoners. Adult Probation has now got their own van. To my knowledge, no one from the Commissioners Court has ever utilized this van and, to me, it doesn't make sense for it to be in the Commissioners Court budget or under our supervision. So, I went to the Sheriff and asked the Sheriff, would you accept this van? And she graciously said yes, she would. And, so, at this time I'd like to simply complete the formal process of transferring it on our roll from the Commissioners Court to the Sheriff's Department. It would be my understanding that if there was any maintenance necessary during the rest of the year, that it would come under the funds which we have budgeted in our Commissioners Court budget for maintenance on that vehicle. COMMISSIONER BALDWIN: And then, at the end of this budget year, then the -- it will be -- ~'` 88 r"'~ /"'~, L.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: It could include the approval of an amendment to transfer the balance of those funds to the Sheriff's budget. We could do that. COMMISSIONER WILLIAMS: All right. JUDGE HENNEKE: Can we do that now, or take it up at the next meeting? MR. TOMLINSON: You can include it in this motion. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: And just transfer it into their maintenance line item? MR. TOMLINSON: Yes. JUDGE HENNEKE: Any discussion? Any questions? COMMISSIONER LETZ: The only question I have is, can the Adult Probation still use the van if they need it at some point, if theirs breaks down or some problem? SHERIFF KAISER: Sure, or if y'all need it. We use it to also transport jurors for the -- upstairs and whatever. COMMISSIONER LETZ: Makes sense to me. So move. COMMISSIONER WILLIAMS: Second. (Discussion off the record.) JUDGE HENNEKE: Moved by Commissioner Letz, second by Commissioner Baldwin, that we transfer the Commissioners Court van -- I mean Commissioner Williams, I'm sorry. I don't know why I'm doing that. COMMISSIONER WZLLIAMS: Do we look alike? n -r-- 89 .'", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMI3SIONER GRIFFIN: An awful lot alike, facial hair. JUDGE HENNEKE: Yes, this is the hairy side of the table. Moved by Commissioner Letz, second by Commissioner Williams, that we transfer title -- or transfer the Commissioners Court van to the Sheriff's Department, and also transfer the funds which are currently budgeted for maintenance of that van from the Commissioners Court to the Sheriff's Department maintenance budget. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.} JUDGE HENNEKE: Motion carries. Agenda Item No. 10, consider and discuss approving a constable, Precinct No. 3, to fill the unexpired term of former Constable Precinct 3, Mr. Mark Shaw. Do you have a recommendation for us, or -- COMMISSIONER LETZ: One -- JUDGE HENNEKE: -- do you think we should do it in Executive Session? COMMISSIONER LETZ: One comment. In the packet, it shows one of the names, Johnny Benavides. He was not eligible, 'cause he did not live actually in the precinct. The address we checked earlier was his office address, so he was not considered, so the other four. I'd be willing to n 90 ~`` ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 make a recommendation at this point, or if we want to discuss the applicants, I think it should be done in Executive Session. It's whatever the Court -- JUDGE HENNEKE: What's the pleasure of the Court? COMMISSIONER BALDWIN: I think that -- let's take it into Executive Session, just to give us an opportunity to have a discussion about it. JUDGE HENNEKE: Okay. We will consider this agenda item under Executive Session, which means that, of course, we will bring it back out into open session for any votes, if necessary. COMMISSIONER BALDWIN: Not Executive Session, but closed session. COMMISSIONER GRIFFIN: Closed meeting. COMMISSIONER BALDWIN: Closed meeting, excuse me. We're have going to have to fight with Thea. JUDGE HENNEKE: All right. COMMISSIONER GRIFFIN: For the benefit of others, we've got a little nitpicking going on with the proper terminology for closed meetings under the Open Meetings Act. So -- JUDGE HENNEKE: Open minds, closed meetings. COMMISSIONER GRIFFIN: Open minds, closed meetings. JUDGE HENNEKE: We'll take that up in Executive Session. Next will be Item No. 11, consider and discuss 1'• 91 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 procedures to continue personnel and salary study for Kerr County employees. Mx. Griffin and Mx. Letz? COMMI33IONER LET2: I'll start with this and then turn it over to Larry. Let me hand out something while I'm talking. Several months ago, we requested that all the elected officials and department heads update their job descriptions for all their employees, and they've done that and turned them back in. And, I think we're at the next step now. We need to decide what we're going to do in reviewing those formally, the job description, and also looking for salary structure. I asked Barbara to contact some consulting companies, and she has two that have responded in the public sector: Personnel Consultants, and then the Waters Consulting Group. And, both of them -- I handed out brief memos. As you can see from the second to last page, which is the Waters Group, this can be a very expensive process, depending on how much we ask them to do. And I think that they probably -- with the amount of this, $22,000, probably did not understand how much we've already done and really what we're asking them to do. I don't think we've really decided, as a Court, what we're going to ask them to do yet. My view is that one component needs to be a salary survey. I think we can probably do that mostly in-house. I think we can look at surrounding counties, geographically, ~,__ 92 ~, /"~ 1 2 3 9 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like-size counties across the state. And I think we, last year, contacted all the elected officials; we have a group of those counties that I think everyone agrees were comparable, size and population-wise. And then we should probably look at the City of Kerrville, what other entities are paying, both private and public. I think most of that information is probably available on the Internet, probably, except for the private areas in Kerrville. I think that can probably be done in-house. I do think there's a benefit to having an outside consultant go through the job descriptions and then make sure that they're the kind of -- maybe some spot interviews and making sure things are in line, that they all, you know, kind of make sense. We need somebody thats's familiar with County government to do that, make sure that we're not, you know, biased one way or another in having, you know, too many clerks in one department or too many supervisors in another department and things of that nature. That they really just kind of look at them overall, make sure that, in their opinion, we're basically on board. And, Larry has information from his knowledge of the State government, things we may be able to do to, I think, minimize this process in the future. COMMISSIONER GRIFFIN: Yeah. The State government has the Department of Human Resources. That -- and that T_- 93 t" .._ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 department, which has a lot of people with the State in Austin, are required, during every legislative session, to review the salary structure for all the State jobs, the classifications; that is, the job titles and job descriptions that go with that. And they have to report that to the Legislature each year, and that gets worked into Title IX of the General Appropriations Act, which then outlines all the pay for the next two years, the whole program. It's a very comprehensive system. It gets updated not only in that every-two-year update, but it also -- occasionally, there will be a particular job description where there's a recognized deficiency, either in the way the State lob description is written, or that something else has been added to it or subtracted from it. They even put those out during the year on specific jobs. It's all online, the whole system. The pay structure, the -- that is, the grade and step structure. Every job description that you can imagine. It applies County -- or it applies statewide, and i think it's a very good system. What I would think that we ought to look at is proceeding down the road where we could tie ourselves to the State system. Not necessarily for every aspect of it, but for most of it. That is, we would have a few hundred experts every year going through this, rather than us doing this sort of one time every five years or six years, when things get /"~ 99 r"~ r 1 2 3 4 5 6 7 a 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 29 25 out of whack and we want to start looking at it, we have to essentially almost go back and start over again. So, that's a wordy way of saying I think we can tie ourselves to the State system and save ourselves a lot of money, time, and trouble, in that everybody's going to know how the process works and how we do that. I -- because of the size of it, I have not downloaded every -- I mean, I have not printed out everything I've downloaded. But, for example, there's all of the lob titles in the State and, I mean, there's -- you can see that if you can't find something in here that would fit a description, I don't know what it would be. There is everything in here that you can imagine, from groundskeepers to -- to legal secretaries and attorneys and architects and a lot of things that we don't have to have. But, there is also everything that I think we do have, and there's generally four or five levels of each one of those, in essence, like we do Clerk 1, 2, 3, 4, et cetera. I believe we could take this, and the job description, which is also online -- and I'll pass these around so that members of the Court can see it. I think we could take that and this, and the pay scales that go with it, and I think we could rationalize what we have -- here's the pay scales. We could rationalize what we have now to this system, and then tie it to them -- to that for here and ever more. /^ 95 /`~ ~^ `_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 Now, that may be a little ambitious to do in the first year, totally, but I think we could take the first steps towards that. For example, some minor changes in fob titles and some things like that that we'll have to work out. What I would propose we do -- and before we bring -- we would propose we do this before we bring anybody else into it, and we can do this rather quickly, is that, -- that I would like to get this information in a form where I can present it to the department heads and elected officials a little bit easier and have a quick get-together to run through it to see what the pitfalls may be and what some of the ideas are that some of the other people here in the courthouse and elsewhere may have that we want to integrate into that. Now, for example, if you look at the pay scale and the pay, they've got it outlined here, and we say, Gosh, we don't want to have to hire in at anything other than the entry level, and we would like to adjust those, we can say we we're going to do 90 percent of what the State says we can do, and in a keystroke we can adjust all of those pay scales to anything we want. I don't think we have to do that, personally. I think we can tie into the State's pay scales, and that that would be what we would hope we could do. If we can't, we'll have to try something else. But, we need to get some ideas on this and then decide if we want to do that at all. If not, maybe we can reject that and to, perhaps, go to ,r'-. 96 ,~-~ {~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 -- to consultants or others to try to figure out a better way to do it. But I think we ought to give this a shot, but I wouldn't want to do that today. I would want to get some ideas and input from the department heads and elected officials. So I think that's sort of where we stand. M3. UECKER: I might suggest one comparison -- Jonathan was mentioning some of the comparisons that we could make -- is even within the County, compare the salaries to the other taxing entities. For instance, the City government, the school system, anything that's funded by taxes needs to be looked at, you know, 'cause the County compares right in that, too. COMMIS3IONER LETZ: Right. MS. UECKER: And I don't think that that's anything that we've ever done before, but it should be done. COMMISSIONER LETZ: Right. SHERIFF KAISER: I would like to say something in this line, also. I've lost about 35 officers to the City because they start about $1,500 a more a year than what we're paying. I just lost another one this month. And, I think it would be very important, as Linda said, to compare that right here, locally. COMMISSIONER LETZ: I think that's probably the most -- or certainly one of the most important criteria, is what the other local ones and the -- you know, are paying. I ~. 97 ;^ f`` ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 think we have to understand that there's certain things we can't compete with. Obviously, we can't compete with some things in Bexar County, certainly, although we're not far from Bexar County. M3. UECKER: And we wouldn't want to. COMMISSIONER LETZ: But I think Larry's approach is good. We have -- kind of working from a time standpoint on two approaches. If we could tie in with the State's system, I think it would probably solve a lot of problems long-term, and it's something that I think, you know, Larry's getting so that it's more understandable to everyone. And then, like he says, have a meeting. COMMISSIONER GRIFFIN: One of the things I like about their fob descriptions is that they are understandable. I mean, they are -- this is what -- to the -- to the State, this is what a Groundskeeper 1 does, or this is what a Clerk 3 does, and so we can rationalize our lob descriptions against these and see, are we -- you know, how do we match up? Are we requiring the right things, is what's I'm saying. MS. UECKER: That's kind of the way the feds do it, too. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: And we're not redoing anything. The work that -- you know, we have these updated Sob descriptions already; we're just looking at that, reading r'` 98 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 that, reading this, and making them fit. It's just picking and choosing, and then we should tie -- once you tie them together, it's done. COMMISSIONER GRIFFIN: I might also mention, Sheriff, in the State system on law enforcement, there is a separate schedule that they have devised. I don't know how familiar you are with it. SHERIFF KAISER: I was just going to say something about that. Because I've got people, too, that have been with me -- started out as patrolmen, and they are still on patrol and they will not go to an advanced -- or to an administrative position because they'd have to go back to a 1 and lose all the money they've got. I mean, I've got a patrolman now who's -- a sergeant that's making more than my -- or right at the same amount as my administrative lieutenant. It's not fair. He doesn't want to go into that because he's not going to get a raise. So, that's something we need to consider, also. COMMISSIONER LETZ: That's an area that I think we're probably the most aware of, is that one discrepancy between patrol deputies' and your administrative staff or deputies' -- SHERIFF KAISER: Responsibilities. COMMISSIONER LETZ: -- responsibilities. COMMISSIONER WILLIAMS: You seem to think that 99 L 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 every job that we have here is probably covered in the State's -- COMMISSIONER GRIFFIN: Yes. COMMISSIONER WILLIAMS: -- summary of jobs and so forth. Is it possible that we would have something unique that's not there that we'd have to write one for? COMMISSIONER GRIFFIN: Well, yes. And, by the way, the State does not -- this is what the State calls the State Job Description for that position, for groundskeeper, clerk, whatever it is. There is nothing that says that the agencies can't write their own can job descriptions, but they depart from this. If it's -- if it's a Secretary 2 position, they start with this, and then they may fill in some other things, and if it gets to be too much, they say, "Hey, that's not Secretary 2, that's Secretary 3." COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: So, each year the agency compares their particular job description to this job description, because the Human Resources Department and the Legislature has said that's what that position ought to do. COMMISSIONER WILLIAM3: That really has answered my question. Thank you. COMMISSIONER LETZ: I think Larry and I are -- what we're doing today, really, is bringing this to the Court to make sure we're going in the right direction before we start f"~ 100 ~"' ,,.-.. 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 doing a lot of work and things. COMMISSIONER BALDWIN: I think it's -- COMMISSIONER WILLIAMS: And spending $22,000. COMMISSIONER BALDWIN: You're heading in the right direction. JUDGE HENNEKE: I'd like to hone it a little more. What is your next step? You've talked about getting the department heads together, you're going to ask for a committee of two or three people to get together and review all the classification descriptions. COMMISSIONER GRIFFIN: I would like to do it, I guess, as a workshop. And, this is not anything that would take a long time to put together. I lust need to download and print some more stuff to have available from the State's point of view. And we really need to kick it around. I would think that a 2- or 3-hour workshop, maximum, would be easy enough to do. We can set a date for it now, as far as I'm concerned. JUDGE HENNEKE: When you say "workshop," do you mean a Commissioners Court workshop, or are you talking about having a meeting, asking the department heads, elected officials to either come or send a -- send -- COMMISSIONER GRIFFIN: A representative. JUDGE HENNEKE: So, you're really not talking about a workshop, so it's matter of -- 101 /-~ ~_ ~. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: A meeting. JUDGE HENNEKE: -- of coordinating with the department heads and elected officials as to when they're available? COMMISSIONER GRIFFIN: Yes. COMMISSIONER LETZ: We could also discuss other options in this area. COMMISSIONER GRIFFIN: Sure, and how might -- and if -- because there is a chunk -- what I've talked about is a chunk out of it, what Jonathan's talked about is a chunk of it, and there may be other chunks out there that some of the other supervisory positions hold near and dear. JUDGE HENNEKE: Sounds good to me. COMMISSIONER LETZ: Timetable? Could we have it done in two weeks? Or -- COMMISSIONER GRIFFIN: Sure, we could do that. We could do that almost any time, but we probably need to get the maximum number participation that we can. I mean, there's not a -- my schedule's -- I will make myself available for it. JUDGE HENNEKE: Let's don't -- I'd prefer not to put a particular timetable on it right now, just other than you all will -- COMMISSIONER GRIFFIN: Well, why don't you and I get together and we'll come up with a schedule, talk with -- _7_ 102 r" fi 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 officials? MS. UECKER: I'd just make sure that every department head or elected official has the opportunity to be here. I know there -- I've a got some dates in the next month that -- COMMISSIONER GRIFFIN: That's the reason -- M3. UECKER: -- I'm going to be tied up, and I think every -- every department should be represented by the department head, if they so choose. JUDGE HENNEKE: But you might want to do just a discussion between you and Jonathan, and decide a minimum number of three dates and circulate them, and then allow people to -- MS. UECKER: Yeah. JUDGE HENNEKE: -- say I'm available on this date and I'm not available on that one. And people will -- I'm sure, will try their best to clear at least one of them to -- you might even consider having two meetings, if everyone can't get together. Anything else on that item? Okay. We'll move along, then. Item No. 12, consider and discuss proposed schedule for the 1999-2000 year budget. All I've attempted to do in this -- this is my item -- is simply set forth, as much for my own purposes as anyone else, what are the timelines, what are the timeframes in which we have to have completed certain steps in order to adopt a budget. 103 r ~" ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 These aren't set in stone. These are simply my ruminations on what will be an appropriate timetable, generically, for us to prepare the revenue estimates and get the budget requests back from the elected officials, department heads, discuss those with them, do any revisions necessary, have workshops, and have the hearings and everything else. It is really presented as much just to remind all of us, and me in particular, since it's my fizst go-through on this budget, as to what the timing is. COMMISSIONER LETZ: Judge, I just have a quick question on the June 14-June 30 review of budget, and then July, departmental workshops. What are the differences that you see between those two items? JUDGE NENNEKE: Well, the idea -- the difference, in my mind, was that it would give the Court a chance to talk among itself, perhaps, about the overall budget before we ask the department heads to come in, and give us the details as to their particular requests. Now, it may be a distinction that doesn't need to be there, and I'll look to you and Buster and Tommy, in particular, and other elected officials for their wisdom on this, since I haven't done this before. COMMISSIONER LETZ: I think the -- I don't know; I'12 just toss this out from my perspective. And, you know, the problem that I've seen in our budget process in the past, if there has been one, is that we go through all the elected ~'` 104 r^' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 officials and workshops, and then it comes time -- and we have always held out salaries till the end, because -- until we get final tax numbers, 'cause that is something that is so hard for us to do anything with. And then, when it comes time to cut something out, we kind of go through -- we've gone through the budget and kind of asked for priorities as we go through it from each department head. When it comes time to actually make the cuts, it's up to -- the Court's been doing it, and I don't think we should do that. I think we should ask the elected officials to come back to us again and say, We can't do this. I mean, this -- we can't work -- I mean, here's kind of a revised thing, and get input a second time from the elected officials. I don't know if time will allow us to do it that way or not, but I -- you know, I think I've heard complaints from those elected officials about that part of the process, and it's something that I'm not real comfortable with, because I don't know what they need more. I mean, they can prioritize it, but when we approve it, certain parts of it, they might say, "Well, it doesn't make sense to approve that and not this, because the two pieces of machinery go together," or something like that. You know, the Sheriff is very frequently in the same situation, that -- you know, I don't want to be the one to make the call as to whether or not we get one more deputy or one more car. I mean, it's -- 'cause I don't know what we -- ~ 105 ~. /"` L .- I 2 3 9 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 need more. MS. DECKER: I have a comment on that, too. In the past, what I have noticed -- and I don't know if I speak for the other elected officials or not. I kind of feel like maybe I do. In the past, like Jonathan said, we have set aside salaries, and we don't -- we're not even allowed to discuss those until the final figures come in. Now, I feel I, like the elected officials should be given an opportunity to discuss the salaries of their department -- I mean, of their employees, because maybe a merit increase for someone might be more important than one of the other budget items. But we're not allowed to make that comparison. And, I know -- and I know the Sheriff has -- has had this, too -- if I had been able to give a merit increase, even if it was a small one, I wouldn't -- you know, the only people I ever lose is people that can make more money somewhere else. And, had I been able to give them -- you know, I can tell my people all year long, "Man, you're doing a great job," and when it comes time to do evaluations and I do my evaluations, what I tell my people is, Okay, you've got -- I do it on a number system, and those, you know, one or two people with the highest score are going to be recommended for a merit increase. Doesn't mean squat if the Commissioners Court says, Sorry, it doesn't matter; nobody gets a merit increase. _. ~.T_-- - _ __ _~ -. _ ., 106 r'` tr 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So, maybe I want the opportunity to come in and say Okay, this person is more important to me than a typewriter, and I'll give up the typewriter if I can give the merit increase. JUDGE HENNEKE: What you're saying is you'd like the salary part of it to be equally as -- MS. UECKER: Exactly. JUDGE HENNEKE: - in play as the technology, the number of people, the capital improvements? MR. UECKER: Because it's important. It's very important that we are able to maintain some means of keeping excellent employees, and that's something that we haven't been able to do. COMMISSIONER WILLIAMS: I support that. I think that's not our role, to affix the priorities within your department. It's your role to do that. MS. UECKER: But we haven't been allowed to do that, that's what I'm saying. COMMISSIONER WILLIAMS: I understand. I don't see myself as qualified to set priorities for anybody's department. I'm qualified to listen to your rationale, but not to make those decisions. So, I support that concept totally. COMMISSIONER GRIFFIN: Believe me, I'm not trying to impose the way the State does it on the County, but one of ~ _- 107 ~^- ~ .._ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 22 22 23 24 25 the possible solutions is the way the State does that. And in their budget guidance they've put out to the agencies how much money you have for merit raises in the budget process. MS. UECKER: And that's something all of us have been trying to say, and this is what needs to be done. COMMISSIONER GRIFFIN: And it doesn't say -- you don't have to come in and say, "So-and-so's doing such a good job." It's assumed. You make the assumption that somebody there is doing a good job, and that there is a little pot of money, and then the State -- the way they do it is a percentage, a percentage of the salaries, so that those with more employees get little bigger chunk of money that they can hand out for merit raises. It's not a large number, but it's in the budget. I think, in fact, between Budget Years '98 and '99, all the State agencies had 1.7 percent of their salary budget that they could use for raises. It's strictly, then, up to the agencies. It's -- there is money set aside for merit raises, and it's up to the supervisor, the department head, elected official, agency head or whatever to figure out how that's going to get divvied up. You could give it across-the-board, you could give it all to one person -- or you probably couldn't do that, 'cause there's some restrictions on that. But -- MS. UECKER: There needs to be a limit. JUDGE HENNEKE: What Linda's saying, if I hear her,) 108 ~'` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is she'd like to have that -- that in the budget guidelines. COMMISSIONER GRIFFIN: Yes. JUDGE HENNEKE: So that she knows that she could budget, without it being guaranteed, for 2 percent of the previous year's total salary cost in the category of potential merit increases. But, what she'd like to be able to do, from what I'm hearing, is to take that money and apply it somewhere else, if that's what she thinks she needs to do. Because she doesn't want to have the money restricted only to salaries. She wants to have the money there -- M3. UECKER: Or vica-versa. JUDGE HENNEKE: Yes, either way. MS. UECKER: Yeah. JUDGE HENNEKE: That you could take money from -- from another category. MS. UECKER: Mm-hmm JUDGE HENNEKE: To benefit personnel. But if you have this, for argument purposes, 2 percent availability for merit increases, and you really need that new typewriter -- M3. UECKER: Right. JUDGE HENNEKE: -- you could take that and put it over here. MS. UECKER: Well, more so the other direction. JUDGE HENNEKE: More so the other. But what I was hearing you say, and I think I see the other officials T--- 109 ~~ ~"~ ~._ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 nodding their heads, is what you want is the maximum flexibility -- MS. UECKER: Mm-hmm. JUDGE HENNEKE: -- of the dollars that are in your budget. MS. UECKER: Exactly. JUDGE HENNEKE: So that when you to go plan your budget here in the next couple of months, you've got it there, but as you look at it, you may -- you don't want that 2 percent, again, lust for talking purposes, set out there as potential merit raises; you want to be able to come back to us and say, I took a half of that percent and put it over here for training, because the Legislature did this to us again and we've got to go figure out what they did. MS. UECKER: Right. Yeah, exactly. And to give you a good example of that, say Employee A this year has been an exceptional employee -- and merit means lust that, going over and above -- so Employee A gets the highest score, and I recommend -- and, you know, pat them on the back and say, "Okay, you get recommended for a merit increase this year." The Commissioners Court doesn't give me any opportunity for rebuttal on this; they're lust saying flat no, no merit raises, no nothing. So, Employee A says, "What good did my high score do for me7 Why did I go over and above?" So, next year Employee A stops. Employees B gets the high score, ~. 110 ,,., ,,"`~ L._ /"'. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 and the Commissioners Court says, "Okay, this year we're giving merit raises." So, Employee B gets a merit increase, when A didn't. COMMISSIONER LETZ: The only thing -- I mean, long-term thing I think we need to be careful of is that we stay within the step and grade when we do this. MS. UECKER: Exactly. Sure. COMMISSIONER GRIFFIN: I think that's right. I mean, I'd like to hear what the -- do y'all agree with me? Or no? MS. PIEPER: Yes. COMMISSIONER LETZ: On your -- I guess what we're really talking about -- I'd like to see some workshops put in here after we accept the certified appraisal roll so we can get back with elected officials a second time, so between completing the budget at the end of August and receiving the certified roll at the end of July, that we have opportunities scheduled for another round of workshops. COMMISSIONER WILLIAMS: We can just move this one line, Departmental Workshops for July, move it down below the Receive Certified Appraisal Roll. That gets us meeting with department heads once before and gets us one after. JUDGE HENNEKE: Well, yeah, but I think what Jonathan is saying is let's just add -- COMMISSIONER LETZ: Right. ~T 111 ~^ ~. , 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: -- it between the July Receive Certified Appraisal Roll and August Complete Proposed Budget, another potential round of departmental workshops. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Because my understanding is that there's really not -- sometimes not a whole lot of time between the certified appraisal roll and the need to -- to move along, is there, Tommy? MR. TOMLINSON: No. JUDGE HENNEKE: So, we really don't want to take all of our workshops and make them after the certified appraisal. MR. TOMLINSON: What I'd like to see is the security of agreeing on some guidelines as far as maximum amount of dollars. And then I -- then I think we could -- i think the hangup in the past is that -- is the Court, necessarily -- the Court's worried about the tax rate, and we -- you really can't get to that until you know or you have a feel for what -- what your expenditures are going to be. What I'd like to see is -- is the Court give some guidance to each department as -- let's, for an example, give them 2 1/2 percent or 4 percent, or whatever you decide. All right. Then -- then we -- then just pure calculation, we can add those numbers in the accounting system, and then, you know, immediately we know what the total effect of all that is. r"` 112 r'"` 1 2 3 4 5 6 7 S 9 10 11 12 13 19 15 16 17 18 19 20 zl 22 23 24 25 JUDGE HENNEKE: I think that's our next agenda item. MR. TOMLINSON: And -- and then -- and then, up front, we already know what our -- what our total needs are, as far as revenues. COMISSIONER LETZ: So, you're saying -- like, say we're projecting -- you know, a guess would be, like, a 5 percent budget increase, total budget increase, based on what we think our best guess is going into this process. MR. TOMLINSON: Right. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: And that's excluding anything extraordinary in anyone's individual budget. I mean, it's just kind of a -- COMMISSIONER GRIFFIN: That's in the guidelines. As we would do it as we have discussed, that would be in the guidelines; assume some growth factor, you know, and -- and we can base that by looking at what the CPI's done in the last year and some other things. But, there needs to be guidance. And this is a planning guidance, now; this is not what you're going to get. This is -- MR. TOMLINSON: Right. COMMISSIONER GRIFFIN: We've assumed this for putting your first set of numbers together to come back to the Court, and then we're going to have a further scrub of 113 ~_ r^"` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 that in the second review. JUDGE HENNEKE: Let's deal with the schedule, because we're really sliding into the next agenda item. So, I mean, an excellent suggestion of what we'll do is we'll add what I have here in may notes, July-slash-August, Departmental Workshops with Commissioners Court. And that's after we receive the appraisal roll, and before we move to complete the proposed budgets. COMMISSIONER LETZ: The only other comment I'd have that may be helpful -- and this is something that really -- if all the elected officials and department heads know of any kind of extraordinary type expenditures, something larger than, you know, you would normally expect, if you could get that, probably, dust to the County Judge early on, even before the workshops started, it would probably be a help. He can get it to us. I don't think we need to sit around the workshop to discuss it. But even, like, if, you know -- I know cars in the Sheriff's Department have been an issue for a number of years, and we've been, you know, really up to getting the bare minimum. If that's something that may require, you know, more than the normal growth rate we calculated for, I think we need to be aware of those things early on, and not make a decision on, but just be aware that the Sheriff thinks she needs, you know, five cars more than normally we would buy, that type of thing. I think that --- --- 119 I"` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 probably can be handed in to the Judge. JUDGE HENNEKE: What I'm hearing is that we'll address that workshop here, and I think what I'd like to have is for us to adopt this as a proposed planning schedule, and what I will do is I will circulate it to all the department heads so that you all can have it up there. And, please keep in mind that this is a guideline, an outline, something that will be a work-in-progress. COMMISSIONER WILLIAMS: What about the first line item, April 12th? JUDGE HENNEKE: Well, we'll just take the 12th off that. COMMISSIONER GRIFFIN: I'd like to add one that says April 20th, a meeting -- again, this is a meeting of department heads and elected officials or -- or their representatives to go through the new budget, what I would propose at that time to be the new budget form. And I need to get with you, Tommy, on some of this, the new budget input form, and the way the notes would work that go with that and some other things. On next Tuesday, if we can find a meeting room. MS. UECKER: That's one of the days that I'm going to be tied up. COMMISSIONER GRIFFIN: Well, then -- let's see, Wednesday I can't, but I could Thursday. We need to find a /"` 115 /^. L. , 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 date that -- like, next week to do that. And that's so everybody understands, and it's sort of an instructional thing on how the -- how the process, as far as filling out the paperwork, will go. JUDGE HENNEKE: That doesn't need to qo on our schedule, just so long as we have April for the budget -- COMMISSIONER GRIFFIN: Right, okay. Now, another thing is that that schedule becomes part of the budget guidelines, also. JUDGE HENNEKE: This schedule. COMMISSIONER GRIFFIN: And it can change, but it becomes part of our budget guidelines. It's all in the same package, so that when you get that package, as soon as we've determined that we got the forms right and all that sort of thing, one of the things that will be in there is this schedule, which can be updated as often as we need to update. JUDGE HENNEKE: Let's move on this, and then we can really -- COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: Did we have a motion? COMMISSIONER LETZ: Second. COMMISSIONER BALDWIN: Whatever. JUDGE HENNEKE: Moved by Commissioner Baldwin, second by Commissioner Letz, that we adopt the proposed 1999-2000 budget schedule, as amended. Any further 116 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Now we'll take up the next item, which is consider and discuss the County's Fiscal Year 2000 budget guidance, the format for the departments' budget requests, and the budget approval process, which to a large extent we've done. Is there anyone else who -- is there anything else we need to talk about on this specific agenda item? COMMISSIONER GRIFFIN: I just wanted to point out that there is -- in the backup material here for the other Commissioners, there are some examples of sort of what that will look like. Is it not done; we needed to have this meeting first to really firm that up, and I need to get with Tommy on the ability to generate some of these formats. But, I don't think that there'd be any problem with that, but you can get an idea of the way it works by tracking through. COMMISSIONER BALDWIN: As an example. COMMISSIONER GRIFFIN: Those numbers, by the way, don't mean anything; they're made up. COMMISSIONER BALDWIN: Did -- on your note column? COMMISSIONER GRIFFIN: Mm-hmm? COMMISSIONER BALDWIN: Will there be a separate 117 ~^ ~"', ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 sheet that just lists all the notes? COMMISSIONER GRIFFIN: Look at the next page. COMMISSIONER BALDWIN: I see that. That's your -- what you're talking about. COMMISSIONER GRIFFIN: That's what those are, so there's a reference on the budget sheet. You then go to the next page, and it will have all the notes listed. You look at those -- Note B-2, and then say, This is the reason that this number is going to draw your attention, and here's why. If the number -- if it doesn't have anything there, it lust means that this is probably a continuation of our current budget in this line item. COMMISSIONER LETZ: Larry, I have a question. Is there a -- are you going to plan to give everyone software so that everyone can do it on their computer? Is there a way to do it, since we -- COMMISSIONER GRIFFIN: That's a technical question. I need to ask Tommy -- for example, can you pull into the mainframe Excel files that would come off of a spreadsheet? MR. TOMLINSON: No, they're not compatible. COMMISSIONER GRIFFIN: They're not compatible. So, you would have to -- if we, say, put in in D-base or something like that, is there any format that you can pull into the mainframe? MR. TOMLINSON: I can't answer that right now. ~` 118 f"• 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Okay. MR. TOMLINSON: There is a -- there is something that, in this process, we need think about, too; that there are statutory requirements for budget preparation, as to what -- what specifically has to qo in the budget. JUDGE HENNEKE: Right. COMMISSIONER GRIFFIN: Yeah, right. But, what I'm talking about is, once we have it, instead of working with handwritten sheets, if we had the ability for those preparing their budget inputs to put it in some kind of software, is there any software that you can -- that you can use to pull it into -- that would be compatible to pull it into your mainframe? MR. TOMLINSON: I'm not sure. COMMISSIONER GRIFFIN: We can -- however, I believe if it's not, I would still propose that we give it to them in electronic format, so in case they would rather do it on an Excel spreadsheet, it sure is a lot faster for your own premises. I would do that before I would write it down with my quill pen. Besides that, if you gave it back to anybody on a diskette -- I mean, I can do the whole County's budget on probably one of these, maybe two. At least you'd be able to play games with the numbers then, to put in new limits and say, Hey, take an across-the-board cut; what does it do, what does it make it look like? And it's a couple of keystrokes /'~- 119 ~. /"~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 29 25 instead of having to go through and hand-calculate every one of these things. COMMISSIONER LETZ: Couple keystrokes for you, Larry. COMMISSIONER GRIFFIN: Yeah. But, anyway, the reason i say that is that, yeah, we'll play with that, and that's part of the thing that we'll discuss at the meeting next week. JUDGE HENNEKE: What I hear happening is that there will be a meeting between now and the 26th to go over the budget form and the budget guidelines, because we need to adopt those at the 26th meeting in order to give the elected officials a fair chance at -- at doing, you know, their budgets. So, Larry will coordinate the meeting. It will be sometime in the next two weeks, subject to people's schedules. I mean, you may have to look at some early morning or late afternoon meetings in order to accommodate people, whatever it takes. I'm sure that we'll find a strong willingness on the part of people to cooperate with this. So, then we'll bring this back on the 26th, with the expectation that we'll have some actual formal budget forms and guidelines to adopt. COMMISSIONER GRIFFIN: To distribute at that time. JUDGE HENNEKE: By the Court. And, of course, Tommy will have to be involved in that for the purpose of n 120 ~. r.-. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 statutory requirements and what type of technology assistance we can -- we can give to the elected officials. Does anyone have any questions? Does that accurately state what we're doing? COMMISSIONER GRIFFIN: That's fine. JUDGE HENNEKE: Brenda? Barbara? Linda? Jannett? Sheriff? COMMISSIONER GRIFFIN: By the way, this will address next year, which is Budget Year 2001, 2002 -- or, yeah, 2001, 2002 budget, this one does. MS. UECKER: The only other comment that I have, and I've seen it happen for years and years and years, and when we start talking about salary policies -- and, Larry, maybe you might have some suggestions on this -- and I know some of the private companies have adopted a policy, and I would like the County to do the same thing, is to -- for employees within a department or within the entity to -- that it's not proper to discuss salaries, because a lot of times -- and I've seen it in every office that I've worked in, and -- you know, people I've talked with, they start comparing salaries. "Well, did you get a raise? Well, I didn't." You know, that's not property -- proper. Because I know, like, even at Avery's, that's a no-no; you can get dismissed for discussing your salary with another department, making a comparison. And, I'd like to see the County talk about some ~~"• 121 r-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 kind of a policy that might give the elected officials some leeway on that. Because I've seen it happen where the employee that got the merit increase maybe was ridiculed or not treated properly by the other ones. "Well, you got the raise, you do the work." You see what I'm saying? COMMISSIONER WILLIAMS: That particularly happens when you dole out merit raises. The potential is greater when -- for people who get merit raises. MS. UECKER: Of course. But, you know, I'm willing -- I'm willing to deal with that. JUDGE HENNEKE: Well, as I recall, Barbara's in the process of working on a revision to personnel policies, and I think that would be the principal place that that -- that should go. So, it's something we certainly should consider. COMMISSIONER GRIFFIN: Well, there's some Privacy Act things that requize some of that. However, it's a matter of public record for, you know, step and grade tables and job descriptions; those have to be public record. But you don't have to put a name on it when -- you certainly don't have to say how much they get paid. That's Privacy Act protection. MS. NEMEC: The only thing, also -- I was going to bring this up later, but I may as well just do it now. If you give a percentage to the departments to give raises, of course, the -- the departments that have more employees are going to get a larger percent. That creates a problem 122 /"` r"~ 1 I with -- 2 3 4 5 6 7 e 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Not larger percent. They would get the same percent, but -- MS. NEMEC: But they would get more -- a larger sum of money. And that creates a problem with the departments that have, like, one employee, because you would only be able to give your employee, for instance, one step merit increase, to where departments with other employees may not give three of their employees an increase, and give their one employee three merit increases. So, that -- that is a problem. And that happened a couple of years ago and it was brought up that the departments with one employee or two employees have a disadvantage. COMMISSIONER GRIFFIN: Generally speaking, the way that works is -- is that if you give a merit increase, it can not be more than one step for any one employee. COMMISSIONER LETZ: Just do it one a year, I mean, and you can advance them one -- one grade step. MS. NEMEC: Well, if you say that, it will be okay. But, a couple of years ago, you have a certain percent to give merit raises, so some of the larger departments didn't give some of their employees a merit raise, but gave that same merit raise to another employee, which one employee ended up with two or three merit increases. So, whereas, the, you know, department with one employee can only give 123 r^ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 one. COMMISSIONER GRIFFIN: Right, and that should be in~ the budget. MS. UECKER: That can go the other way around, too. In another instance, the department with one employee has an advantage, because that one person will always get the increase. COMMISSIONER supervisor. You don't COMMISSIONER you can't advance more JUDGE HENNEK COMMISSIONER GRIFFIN: It's still up to the have to give it. WILLIAMS: Establishing a cap, that than one grade, is the answer. E: Well -- WILLIAMS: In either set of circumstances. M3. NEMEC: Or give the opportunity to the department that lust has the one employee, Okay, if you feel that that employee is worthy of more than one step because the other departments are going to be able to do that, then come in and -- and justify. JUDGE HENNEKE: Well, we might do something like -- a broad analogy is the U.S. Congress. Regardless of how populous your state is, you have the right to one representative. So, we might establish a minimum number of a pool that will be equivalent to a two-step increase, which would allow the department head flexibility to give a ,.-.. 124 i"~ r'^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 two-step increase -- you know, a comparable, you might say. A maximum, but also a minimum. So that the small departments that you're talking about have the flexibility, if they want to do that, to reward the excellent performance -- the goal is to reward the excellent performance. MS. UECKER: I would hate to see us limit it to one step. Maybe two. JUDGE HENNEKE: Yeah. MS. UECKER: And then, you know, make some adjustments. COMMISSIONER GRIFFIN: Your other point, you can have the -- the department head or elected official will always have the prerogative of giving no raises. MS. UECKER: Right, which we've done. COMMISSIONER GRIFFIN: I don't want to have to go deal with your employees the next day, but if you did -- you know, if you say, Hey, this year I don't feel like that I ought to give it to anybody, that's your prerogative. You don't have to spend it. You have the authority to spend it, but -- JUDGE HENNEKE: And if we give you the flexibility to take those dollars and use them somewhere else, you may put a finer pencil to who gets what. COMMISSIONER BALDWIN: Larry, y'all may want to address that in your workshop, because they have been down 125 r` ~- 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 almost every one of those roads before. MS. NEMEC: Instead of a percentage, set a limit as far as, like, two merit raises for each employee. COMMISSIONER BALDWIN: There's a lot of knowledge here. JUDGE HENNEKE: You need to get a percentage so that the department head has the flexibility to move things around within their department, but I think the answer to your question is -- is to set a minimum dollar pool for each department, which might be equal to a two-step increase, so that if you have only one employee or two employees, you can give each one, you can give one two, or you can give none and go buy yourself a new computer. MS. DECKER: And I understand what you're saying, too, Larry, the one-employee department doesn't have to. But, you know, in the real world, that's not going to happen. COMMISSIONER GRIFFIN: That's right. That's exactly right. JUDGE HENNEKE: Okay. Anything further on this item? All right. Next item is Item No. 15. I think after this item, we'll probably recess for lunch. Consider and discuss the resignation of NationsBank as Trustee of Charles Schreiner Road Fund and approval Security State Bank and Trust as Successor Trustee. I believe this is fairly self-explanatory. Charles Schreiner -- I mean NationsBank, 126 /"` r^ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 as successor to Charles Schreiner, was the Trustee of the Charles Schreiner Road Trust. They no longer have a trust department here. They've moved administzation of that trust to Dallas in their Special Trust Department; is that right, Tommy? MR. TOMLINSON: Correct. JUDGE HENNEKE: And they want to charge us the basic arm and a leg to administer this. Security State Bank, which is our current depository -- MR. TOMLINSON: Correct. JUDGE HENNEKE: -- is willing to do it for what I think is a competitive fee. MR. TOMLINSON: Right. JUDGE HENNEKE: In order to accomplish this, we have to bring an actual suit, which was done in 1978, I want to say, when they actually made the Schreiner Bank the Trustee, as opposed to the original trustee. So, basically, what we need to do is just get formal approval for it. COMMISSIONER BALDWIN: Judge, I have some questions -- JUDGE HENNEKE: Go ahead. COMMISSIONER BALDWIN: -- if you don't mind, please. The agreed judgment, right on page 1, please spell my name correctly. JUDGE HENNEKE: I'll tell Mr. Pollard. 127 ,~^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Okay. Number 2, Page 2, when it talks about the Court, the Court will make these decisions, is that a District Court? Or is that a County Court at Law? Or -- JUDGE HENNEKE: This is the District Court. This "The Court further finds from the evidence...," that's the District Court. COMMISSIONER BALDWIN: Okay. Let's see. I had a couple more things. Page 9, in the second paragraph, let's see, "... shall be paid a fee equal to and in accordance with its published fee schedule..." Now, who has that published fee schedule? COMMISSIONER GRIFFIN: The bank. They are to use that -- I mean, by law, they have to have a fee schedule. COMMISSIONER BALDWIN: And you look at that and -- MR. TOMLINSON: Well, they represented that they would charge us the same fee based on the same fee structure that they use for -- for other trust agreements of similar size and -- and workload, or whatever it takes to -- COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: -- to do that. COMMISSIONER BALDWIN: Would it be like -- I mean, would they charge the same thing as NationsBank has always charged us? MR. TOMLINSON: No. No, they've agreed to do this 128 r'` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at their very minimum cost. COMMISSIONER BALDWIN: Okay. All right, I'm happy with it. Just drop down to this next "therefore ordered, adjudged and decreed thing. To retain in its possession at the end of the accounting year a sum of money equal to one-half of one percent of all principal funds of this trust in the sum of $175,000. Where did this $175,000 come from? MR. TOMLINSON: The original trust agreement. COMMISSIONER BALDWIN: So, in actuality, today there's, like, $300,000 or $400,000 in this -- MR. TOMLINSON: No. No, there's -- I think the last time the amount was, like, $182,000. The last account I got, the statement I received from -- from NationsBank was approximately $182,000. COMMISSIONER WILLIAMS: We can only spend the earnings, correct? MR. TOMLINSON: Right. COMMISSIONER BALDWIN: Okay. I'd probably disagree with you on what the figure is, but that's fine. MR. TOMLINSON: I think what you're thinking about is the -- COMMISSIONER BALDWIN: Total bottom line. MR. TOMLINSON: -- is the amount of money that we show as the cash balance in our fund. COMMISSIONER BALDWIN: Yes, sir. r" 129 ~_ r'` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: Okay. That -- that is totally different from -- COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: -- What the principal is of the trust. COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: The amount that we show as what our cash balances are is the accumulation of all the earnings that we've received from that trust to-date. COMMISSIONER BALDWIN: I see that. I understand that. Thank you very much. Page 5, about halfway down the page, it starts talking about this Court to appoint the County Commissioners Court of Kerr County, Texas, to include the County Judge and all the Commissioners of Kerr County, Texas, as an advisory trustee. Is that something new? JUDGE HENNEKE: No, it's not. That was in the original trust agreement. And, what it called for in the original trust agreement and in the prior agreed judgment was that this body would advise the trustee at the first of each year as to how they want the funds spent. So, what we've done this time is we've gone back and made it "from time to time" because we don't know when those projects will come up, like the bridges that we just used it for recently. But, this is not something new. This is the original trust agreement. 130 ~. !'"` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: I know that when the money has been used prior to now, I mean, this Court -- it has not come before this Court. JUDGE HENNEKE: It came before us just recently on that. COMMISSIONER BALDWIN: It did just recently, but I'm talking about years past. Don't -- I think, Tommy, that the policy has been that Road and Bridge just uses it? MR. TOMLINSON: No, I don't think so. COMMISSIONER BALDWIN: Has there been a trustee to approve it? MR. TOMLINSON: Well, the -- we're talking about two different things here. Because -- COMMISSIONER BALDWIN: Okay. MR. TOMLINSON: I mean, the way -- I mean, this is my opinion, but the way I see it is that the Court has the -- the ability to spend the earnings that it's -- that the County has generated without any approval from the Trustee. COMMISSIONER BALDWIN: Okay. We're talking about two different animals here. MR. TOMLINSON: In other words, the almost $3,900 -- $34,000 balance that we show as -- as what the balance is in that fund. COMMISSIONER BALDWIN: Mm-hmm. MR. TOMLINSON: I think the Commissioners Court has ,~"~ 131 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 2I 22 23 24 25 sole discretion of those funds. I mean, I think the trust -- the instrument is talking about the funds that are available for one year at a time. In other words, there's an interest that will accrue from the beginning of -- of one period to another. And, in past years, it's been about $10,000 to $12,000 a year. So, I think -- I think that it says that -- that the Court has to recommend to the Trustee that we use that amount of money for a specific thing. COMMISSIONER BALDWIN: Well, that's just not what I'm reading here, but JUDGE HENNEKE: Well, actually, I tend to agree with you. I think what we may need to do is to get Mr. Pollard to give us an A-H-C as to who does what to whom. MR. TOMLINSON: A lot -- see, a lot of the money in that fund the County has invested. Whereas, if we had expended funds, the funds that we didn't use, then -- then we've invested those funds and earned -- earned interest on the interest, is what we've done. COMMISSIONER GRIFFIN: And we can spend that, right? MR. TOMLINSON: And, I mean, that's -- I mean, that's certainly my opinion, but that's the way that I think we've treated that. COMMISSIONER BALDWIN: That's the history -- I mean, that's the way we've been spending it. I just -- 132 /'` L_ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: But I think, though, that in the past, that the Court has -- has included the expenditure of those funds in the budget. In other words, when the County purchased the right-of-way for the Loop -- 539, I believe it is -- you know, the County consciously said, you know, we want to budget this much to do that. And, we've done -- we've done that in the past on different things. COMMISSIONER BALDWIN: I'd like to have Mr. Pollard tell -- I mean, I ]ust want to clear it up in my mind that that's what I'm reading here. One more question. On Page 6, halfway down, there's a number 4 there. Y'all see the number 9? JUDGE HENNEKE: Mm-hmm. COMMISSIONER BALDWIN: What in the world does that mean, exactly? JUDGE HENNEKE: I think that's called a typo. COMMISSIONER BALDWIN: Oh, okay. Well, I mean, this is out of Mr. Pollard's office there. JUDGE HENNEKE: It is. COMMISSIONER BALDWIN: I didn't think they made mistakes over there. Okay. COMMISSIONER WILLIAMS: I'd like to go back to Page 5, and I -- maybe one of the historians on the Court can tell me a little bit about the history, as to why Captain Schreiner decided that only Precincts 1 and 9 had roads ~r---, 4 133 ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 worthy of consideration. I guess, Jonathan, you and I had Indian territory or something? COMMISSIONER BALDWIN: That's just true. You have to accept it and go on. COMMISSIONER WILLIAMS: There's an ambiguity on Page 5 that needs to be addressed. It does talk about 1 and 4, and that I guess is what he really had in mind when he set up this trust, but if you read down at the bottom of that paragraph, right after Security State Bank, one, two, three, four lines from the top, it talks about " ...each year and from time to time as to which of the public roads in Kerr County, Texas, most urgently need the assistance and the fund which may be earned..." blah, blah, blah Now, he's broadened it out in that sense. We're talking about Kerr County, as opposed to just Precincts 1 and 9, which I guess were his beloved precincts. Now he's got us kind of humped in there a little bit. COMMISSIONER LETZ: I think I like the second part of that. COMMISSIONER BALDWIN: I appreciate you bringing that up, Jon. It is not good. JUDGE HENNEKE: I think what we need to do is clarify the language, because, having read the trust instrument, it's very clear that it's only for Precinct 1 and Precinct 4. ~"~ 139 /^` r^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Nice try, Bill. COMMISSIONER BALDWIN: Nice try, but no bananas. COMMISSIONER WILLIAMS: Should have left it alone, come back later and see. MR. HOLEKAMP: Quick question relative to that. Glenn Holekamp. How did they purchase property for Loop 534 if those criteria were in place? JUDGE HENNEKE: That's past history. If you want to go delve into that, good luck. COMMISSIONER LETZ: I thought that; I just wasn't going to ask, Glenn. Trying to figure out what part of that was in Precincts 1 and 4. COMMISSIONER WILLIAMS: It's precedent-setting, however. MR. HOLEKAMP: Is it the precinct lines prior to --I what year? JUDGE HENNEKE: Whenever the -- whenever the -- yeah, good question. COMMISSIONER LETZ: That is a good question. (Discussion off the record.) JUDGE HENNEKE: Any further discussion on the agenda item? COMMISSIONER GRIFFIN: We've got to get a legal opinion on this, right? JUDGE HENNEKE: We're going to ask Mr. Pollard to r^ 135 .~ ~"` L -_ 1 2 3 9 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 define for us exactly what we can use and what circumstances, but what we need to do is to go forward and move this process along so we can -- COMMISSIONER BALDWIN: Is he coming over here today for Executive Session? JUDGE HENNEKE: No, not that I'm aware of. I'll make a request of him. COMMISSIONER LETZ: Can we approve part and not all? Or do we need to approve this and ask questions latex? JUDGE HENNEKE: We need to approve the -- not necessarily the specific document, because that can be cleaned up, as far as typos are concerned, but we need to approve the resignation of NationsBank and approval of Security State Bank as Successor Trustee. COMMISSIONER LETZ: So move. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, second by Commissioner Baldwin, that we accept the resignation of NationsBank as Trustee of Charles Schreiner Road Fund and designate Security State Bank and Trust as Successor Trustee and institute the necessary proceedings to accomplish that. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. 136 /'` 1 2 3 4 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 (No response.) JUDGE HENNEKE: We will stand in recess until 1:15. (Recess taken from 12:05 p.m. to 1:15 p.m.) JUDGE HENNEKE: We'll call back to order this regular session of Kerr County Commissioners Court. It's 1:15. The next item on our agenda is Item No. 16, which is consider and discuss forming a task force with the City of Kerrville to review and coordinate longterm infrastructure planning. Commissioner Letz? COMMISSIONER LETZ: I put this on the agenda after several years of trying to get this off the ground. First I tried to include this with the Subdivision Rules, and it never happened then. Then, at the current meetings that are being held on water -- Headwaters coordinating, I brought it up at that first meeting, said it may be a good time to include it, and I was voted down then. They thought it was a separate issue. So, I just thought we'd just try one-on-one with the City. And, my idea is -- I've talked to the City. I've talked to Glenn Brown on a number of occasions and several councilmen, and the idea is that there are things that come up that really affect Kerr County and City of Kerrville more than anyone else from an infrastructure standpoint. You commented -- Jim Brown made a comment this morning that -- hey f"'~ 137 r^ 1 2 3 4 5 6 7 8 had a comment on this, and his comment was they hope we do it. And they don't want U.G.R.A. to be included specifically, but they'd ask that ff we do do it, they be invited to meetings from a sewage line standpoint, which they probably will get in the business of doing. And, I just see there's a need from a -- as my memo says, on roads, Master Road Plan. I think we really need one. We need to know about proposed subdivisions, where e^~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 roads are going to be. We talked about something like that briefly, Spur 100, this morning. There's a lot of others around the county that -- we're getting locked in areas, and we just need to make sure that we -- you know, if we need to do something, it's not really to develop a plan as to how to deal with these master roads, whatever you want to call them; it's just where they're going to be, and then deal with them on a case-by-case basis. Earlier, I guess last month, we talked about participation with the golf course renovation. That's something that, you know, possibly would come to this kind of a group. And if it has merit, maybe then it could go to the City Council and Commissioners Court for discussion. Things of that nature that come up. I view this as quarterly meetings, probably. I don't think we'd want to -- you know, it's more of a general overview, and if something comes up that's important, identify it, and it should be reviewed by /'~ 138 r^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 both bodies for action and decision. It's just more to keep the contact between the two entities. That's my comments. COMMISSIONER WILLIAMS: Has the City indicated an interest in doing this? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: Through what, the Engineer's Department or what? COMMISSIONER LETZ: Glenn Brown thinks it's needed; I've talked with him. And, as to who they wanted, I've mentioned I think I talked with Councilman Fine about it; he thought it was good idea. I think Councilman Morris, as well; he thought it was good. And, beyond "good idea," they didn't bring up anything. My recommendation today, if we agree -- and Glenn Brown asked me, he said, "Do you want me to put it on the next agenda?" I said, "No, let the Commissioners Court" -- if the Commissioners Court wants to do it, then I or one of us will go over there and propose it to them, and then if they want to do it, we'll do it. Obviously, you know, you can't dance alone. If they don't want to appoint some people, there's no need for us to appoint any. Hut I think that it should be from a standpoint -- if we're going to have Commissioners on it, I think we should have City Councilmen on it. I think it should be at that level. And I think, from an advisory standpoint, we probably would want an engineer to be -- maybe the County ,•^ 139 P" i^^~ ~, ._ ~'^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Engineer, 'cause that's the closest we have, and either their City Manager or Jim Dye or whoever they want, someone in more of an engineering/longterm planning capacity. COMMISSIONER BALDWIN: In our previous talks with the City about this, we've talked with Mr. Vetter; I think he probably had on his City Planner hat at that time, and he's -- we've had long talks with him about that. So, it's not something brand-new about it. To give you an example of some of the things that we've kind of tinkered with, the -- out in my precinct, the Horizon, the big subdivision out past the State Hospital that curls around Kerrville South, when we approved that plat, we asked them to include three easements out just -- at this point, they're out to nowhere. They're out in -- they go up to the fence line to private property. But, trying to look into the future of that being developed, then there would be -- you'd have access from one subdivision to another. That type of thing is what we're talking about, like -- like Jon referred to, the -- the Spur 100? COMMISSIONER LETZ: Spur 100. COMMISSIONER BALDWIN: Tying in, and we've been talking about that since Jon and I have been here, trying to connect that thing over there to whatever that road is. COMMISSIONER LETZ: Cypress Creek. The important part of the county. COMMISSIONER WILLIAMS: I don't have a problem 140 ~-" 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 conceptually, because I think we should engage in these discussions with them. And, you know, the -- we cite the Horizon as an illustration, and that's a good illustration of trying to coordinate roads, and ingress and egress between subdivisions also. It might be an opportunity -- and, again, with Horizon -- to work out how you handle things in the E.T.J. that do not conform to our regulations versus theirs, and that's a good example of that. You've got a piece of that Horizon coming in the front gate that doesn't conform, and you've got a developer hanging tough, because he didn't want to do what the City wants him to do. I just was curious, Jonathan, because you put in here golf course renovations. And, while I'm in favor of that, I wondered how !~ they fit within the true definition of infrastructure. But, I'm not opposed to it. COMMISSIONER LETZ: I put that in there just because it came before the Court, it came once before. And I'm personally, probably, opposed to it, just from a standpoint of, you know, they don't participate, other than for the first time this year, sales tax -- or the hotel tax on the Ag facility -- I mean the Hill Country Youth Exhibition Center. In my mind, there's certain things that are the City and certain things that are the County, even though they may benefit both parties. So -- COMMISSIONER WILLIAMS: Yeah. Your reference to 141 ,~"` ~_ ~^ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 the golf course renovation would leave us open -- and, again, another opportunity to talk to the City with respect to perhaps an interlocal service agreement with Parks. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAM3: The Parks and Recreation. And why can't we maybe get our heads together about recreational facilities and park facilities and come up with something that matches that? JUDGE HENNEKE: We need to be careful here where we're going. We're talking about just discussions with the City. COMMISSIONER LETZ: Yes. Well, I mean, I think -- JUDGE HENNEKE: And, you know, what -- what does the City have to do with roads out in Mountain Home? COMMISSIONER LETZ: Well, I think you would -- JUDGE HENNEKE: I mean, if we're talking about a county-wide infrastructure committee, then I think we need to broaden it, perhaps. COMMISSIONER WILLIAMS: Include Ingram, Hunt, and Center Point and whomever. JUDGE HENNEKE: Well, I -- COMMISSIONER GRIFFIN: Yeah, perhaps. I think the one thing that -- I mean, the concept -- and I agree, too, it's probably something we all look at. How do we deal with the other jurisdictions when it comes to common goals and 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 needs fn the area of infrastructure? That's a good thing. I'm not sure that having sort of a -- not a charter list, but a -- an unpowered additional task force might not buy us very much. And I'm just saying -- I think my view is that if we're going to do something here, it's got to be something that's got some oomph to it, something that can make something happen. And -- and just getting together to talk about it, I don't know -- I just am not sure it's going to pay off very well. Of course, it couldn't hurt to converse; I'm not against that. JUDGE HENNEKE: I think the reason I jumped in there is because, if you start talking about using a common Parks Department, you know, that really does involve Ingram and Center Point. COMMISSIONER WILLIAMS: Right. JUDGE HENNEKE: And -- but it also gets much more specific, because it's between the County and the City. COMMISSIONER LET2: I guess -- JUDGE HENNEKE: I think we need to be careful about the charter -- if you're talking about a Master Road Plan for the County, then i think that's a clear goal. And I'd like -- you know, on something like that, I would like to see us consider making it fairly broad, and perhaps giving each Commissioner the right to appoint someone to the committee. So, instead of ending up with a 5-person committee, we end up ~'` 143 ~^. .. /'` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 with a 9- or 11-person committee. COMMISSIONER LETZ: I think the first thing that I see that needs to be worked is the Master Road Plan; that is something that we need. There is a draft that the City has prepared. When it gets out into the, you know, reality of -- I guess it's needed all over, but the area that it's really more important is just around the City of Kerrville, and we all -- it affects all of our precincts to some degree. Other things could be -- you know, as far as broadening it too much, I don't have any problem with that. My feeling has been, generally, when we get into a lot of things things with Ingram and Center Point, the two other municipalities, they never come and participate. And I didn't, you know, exclude them; it wasn't -- you know, it was kind of with this. Maybe if we get a draft put together just for the City of Kerrville, then we can put it out to the public or bring in the broader group, and, you know, try to get something going. i just have seen this thing as kind of being shelved. And, you know, it kind of comes off the shelf, people look at it, it goes back on the shelf for two years. I think it's something that would be helpful to the County as whole, especially right around the City of Kerrville to do. And there are other issues that, you know, it will affect, like U.G.R.A., if they do get into the sewage business. I mean, those right-of-ways will be where they put their sewer lines, 199 ~^ r^` 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 29 25 in all likelihood. They don't necessarily have to, but there's a good chance. There's gust other infrastructure things around Loop 34. We talked for over -- I guess probably a year and a half now, about gray water around the golf course and then sewer around there and an industrial park. There's things of that nature with the City that are infrastructure things, really, just more with the City, and that's, you know, why I limited it to that right now. But, it could -- I don't have a problem with broadening it, if people will participate. JUDGE NENNEKE: Maybe you're talking about two separate committees. Maybe you're talking about a county- wide infrastructure committee, which could include a representative from each precinct, and then maybe you're talking about a committee with the City, which talks about, you know, broadening the already good base we have of cooperating with the City on specific projects. COMMISSIONER LETZ: Right. JUDGE NENNEKE: I think both of them have merit. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: I don't -- I think they have merit. JUDGE NENNEKE: If you combine the two, I'm struggling with putting something on a county-wide basis with something that looks fairly narrowly focused. ~_- _ 145 r~ .._ ~.'`. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: Maybe you should start with a Kerr County Master Road Plan Committee and see where that leads us. JUDGE HENNEKE: Yeah. COMMISSIONER LETZ: I would -- I mean, more infrastructure -- to me, if you call it a Master Road Plan, I think that maybe brings on other connotations. COMMISSIONER WILLIAMS: Well, it does, and sewers is one of them. And we don't have any in terms of sewers outside of our jurisdiction. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: Jon, take the Master Road Plan and run with it. JUDGE HENNEKE: You can call it the Infrastructure Committee, and that will do -- you know, could encompass the sewage as well, if there's a role for us to play in that. COMMISSIONER GRIFFIN: Would you see this -- would you see this, you know, as appointed -- I mean, let me tell you where my question is coming from. I think we really ought to look at, when we can, using many of the good, well-qualified citizens that are involved and always want to volunteer to do something. And there are people who are not just wanting to be on committees; they are, oftentimes, people who are now at a time in their lives that they can do things, and they're expert at it. And I think, rather than 146 L- tying up all of our time sitting on too many of these kind of task forces, that we ought to look at using the brainpower of our citizenry when we can. i mean, I can think of five or six people in my precinct that I would feel very comfortable with serving on such a -- an infrastructure committee. Not to be the -- I mean, all of us could be members ex-officio and be there with our representative, but I would really like to see us get away from having to tie up our time when we're probably going to go have to go to other people for answers anyway. And it gives our citizens a chance to participate. Would you see that working in this in any way, as the Judge has indicated? COMMISSIONER LET2: I see all of these working. That's why I put it on the agenda. Maybe the thing to do, before we make a decision, is to go to the City and see how they feel. I mean, because it's -- like I say, it's not a ~ unilateral thing; that we can do either of these, really. ~ JUDGE HENNEKE: I will say that I've been having ~ fairly regular, but not scheduled, meetings with the mayor. And he was over here last Tuesday for an hour and a half, and 1 it was his suggestion that, at the next meeting, I bring a 2 Commissioner and he bring a City Councilperson. And I think 3 that's kind of the basis for the County/City cooperation. 4 30, what I'm saying, really, in support of you is to go to 5 the City and say, Let's not hidebound this, but let's make it 1 2 3 9 5 6 7 8 9 10 11 12 13 19 1~ lE 1' lr 1 Z 2 2 2 i ~''` 147 ,,^-~ ~, ~_ 1 2 3 4 5 6 7 6 9 10 11 12 13 19 15 16 17 1F 15 2f 2' 2 2 2 2 a little more structured, little more formal than perhaps it has been in the past, and see where it leads us. 'Cause I think there are a lot of opportunities for cooperation with the City, in particular, that are going to come up over the next couple years. COMMISSIONER LETZ: Right. And some big projects that we're going to want help on and they're going to want help on, and we need a way to get it -- you know, lust to keep communication going. COMMISSIONER GRIFFIN: Keep things coordinated, you're right. COMMISSIONER WILLIAMS: I agree conceptually, mm-hmm. COMMISSIONER LETZ: Do you just want the Judge and one of us to go to the next City Council and, you know, get their idea on how they want to proceed? COMMISSIONER GRIFFIN: Yeah, sounds good. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: All right. JUDGE HENNEKE: All right, good. JUDGE HENNEKE: Item No. 17, consider and discuss the American Express Texas Independent Agencies program. Mr. ~'^~ Griffin? COMMISSIONER GRIFFIN: If you'll recall from the last couple of meetings we've had, we have discussed a little 148 ,'^, .^ 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 2( 2] 2: 2: 2 2 bit about credit cards specifically for travel by employees of the County, including the Commissioners Court. I did some research with American Express. They have -- American Express has a contract with the State of Texas; they do all of the credit card billing for travel, official travel and et cetera, for the State. And, the way their system works is -- and the way this system that was spun off of that works is that they issue credit cards with absolutely no cost to the agency. Each individual who has a credit card under the program is responsible for paying the credit card when it's billed to them personally. They are in turn reimbursed, of course, by, in our case, the County. There is a monthly statement that goes to the administrator of the program that lists all the charges of all the cards that are issued under the program, so that, for example -- he wouldn't be the administrator, but on Judge Henneke's desk, once a month he gets a statement that shows every charge that's been made by every individual. There are -- there's a good policy guidance on this about how it works, in that employees are restricted from using it for anything other than official business travel. It will -- if the Legislature passes a bill before them this session, it would allow you to use that card to travel on the State airline contract fares, which are fixed with Southwest and American and Continental and others. No matter where you travel, you 149 r^ i"'~ ._ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2: 2: 2~ 2! /~. travel at a very reduced rate, because they're negotiated contracts. You just get a list of those, you take the city pair that you're traveling between, and you get that low, low rate. So, this would tie into that. I would repeat, there is no cost involved with this whatsoever. And it's a tightly controlled -- very tightly controlled system. Some of the backup there that you see, each individual actually is personally liable for the charges that are made to the card. That's all spelled out in here. The administrator -- for example, if you have a card issued to an employee who terminates, the administrator contacts the program administrator for American Express and cancels that card immediately. Or any account can be canceled. I mean, if somebody misuses the card, it's zapped. It's -- you know, either by not paying what's due on it or by charging something that's not authorized, that wasn't business travel. This is why -- it worked so well for the State that a lot of counties started asking for -- you know, "Can we" -- as I did, "Can we tie onto the system?" And they said, "No, you can't, but we now have a program -- a separate program called Texas Independent Agencies program, which is exactly the same as the State's." It's just administered at American Express -- it's administered separately, because the legislative -- easy for you to say -- the Legislature did not allow the Counties and other entities, Cities to tie into it. 150 ~"~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2i 2. 2~ 2! COMMISSIONER LETZ: In practice, the employees get the personal bill? COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: And it also -- the bill or the amount of the bill goes to the administrator in the County? COMMISSIONER GRIFFIN: Yes. COMMISSIONER LETZ: The Auditor. So, the -- ,rr'` COMMISSIONER GRIFFIN: No. No, let me explain. It makes the charge -- the employee buys an airline ticket or whatever, pays for his hotel bill. He'll get the bill at the end of the month, and the administrator, whoever that is -- we designate who that person is who is authorized to receive it -- gets a statement of everybody who had a charge. It doesn't say whether it's been paid yet or not at that point. The person is still responsible for paying for it themselves. I just wanted to clarify that. It doesn't indicate whether it's been paid or not. It's just like you're getting a duplicate copy of a bill, except it's all on one list and broken down by employee. COMMISSIONER LETZ: What I'm getting at, though, is to keep the employees from having to go out-of-pocket with their money, which was my original intent. With the billing with American Express, you have basically one debt; you have 30 days to pay it. The bill comes in, they can turn it in, the employee could get a reimbursement check and pay it? 151 ~._ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: Well within the 30-day period. COMMISSIONER GRIFFIN: Before -- yeah. And, in fact, the way that works in the State is that, the way it's set up, that that always happens. I mean, the State's got a very quick system, and I think that we could do the same thing. We can just say that, as soon as the employee will -- if the employee will submit their travel information when they get back, and not delay turning it in, we should never be more than two weeks or three weeks away, at the maximum, say, from getting the reimbursement. Because it just takes time to process it through Auditor's office. That's really all that's required. COMMISSIONER BALDWIN: There's something wrong with that. They'd reimburse me for something that I haven't paid 16 I for? 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: No, but you'd present a bill. You go to -- you go to the Motel 6, 'cause I know you're a frugal person. You go to the Motel 6 in San Antonio for a conference, and you'll get a bill when you come back from Motel 6. You get reimbursed on the basis of that bill, which you're signing your name, under penalty of $10,000 and 10 years or whatever, that says, yes, I incurred this expense. You're going to do that even if you paid cash. You've just -- you've just got the receipt; you're going to ~~ 152 r"` ~^ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 get the money back. When the American Express bill comes to you, you've got to pay it. COMMISSIONER WILLIAMS: 'Cause -- COMMISSIONER GRIFFIN: What they do in this monthly thing, after it gets rolling along, is that the administrator -- and in the report it will have a thing that says, Joe Dokes is 30 days behind or 60 days behind. They're not going to -- the way the program works is they don't immediately come after you. They give you a chance to go and take care of your wayward employee. COMMISSIONER WILLIAMS: It's a good system. An advantage to us is that -- that if you have multiple County employees traveling, you're not fighting over a single MasterCard to get charges taken care of. COMMISSIONER GRIFFIN: Which has no control, ultimately, when you put it into the -- there are chances for -- if you have a credit card that you pass around, there's a lot of chance for either it being lost or misplaced or misused, a lot more so than this. This is dust like it's a personal credit card; it's just that it's set aside for business only. COMMISSIONER WILLIAMS: In this case -- on the reimbursement side of it, in many cases, if the person uses this card in the first half of the month, you've really got 95 days to pay the bill. ~^'~ 153 /"`_ ~.._ 1 2 3 9 5 6 7 a 9 IO 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: Okay. COMMISSIONER WILLIAM3: You've got plenty of time to be reimbursed so you can pay the bill. COMMISSIONER BALDWIN: That's fine. COMMISSIONER GRIFFIN: Now, what we need to do is -- we don't need to do that today. They're going to send us this package, and we can use it or not use it, as we choose. That's all the paperwork -- this is an example of what each individual has to accomplish. But, we need to decide who we would want to administer the program, and by our next meeting, we need to -- if we're going to do this, we just need to figure out who that's going to be. JUDGE HENNEKE: The administrator doesn't do anything except receive the monthly invoices? COMMISSIONER GRIFFIN: That's right. JUDGE HENNEKE: That we're contemplating, except they have no enforcement. Now, what enforcement does the department head have over an employee? If Jannett decides that she wants Linda Mendoza to have her own card -- COMMISSIONER GRIFFIN: She can do that. JUDGE HENNEKE: -- does Jannett get a copy of the monthly bill automatically? COMMISSIONER GRIFFIN: She could go to the administrator and get that. That's the way a lot of administrators do that. They will break that down and give r'^- 159 r 1 2 3 9 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 each individual supervisor who has the authority to allow an employee to have a card or not have it, they give them the breakdown of that bill so that the supervisor knows what's been charged. That's the reason -- you can look on there and say, "Hey, what's this 65 bucks to Fiesta, Texas?" you know. That's the reason that the supervisor gets a copy of that, so that they -- they can stop any abuse of the card. COMMISSIONER BALDWIN: Plus they can keep an eye on their line item. COMMISSIONER GRIFFIN: And they know what's being spent. It gives you a good record of that, and it's all documented in the name of the person who has the card, which is what I like. I like that essence of control. Unlike a system where you're passing a card around that just says "Courthouse." Who really made that charge? If I had the card in my possession and somebody made -- there's a wierd charge that shows up, then does the Judge stand for that or what? COMMISSIONER LETZ: Some 900-number. COMMISSIONER GRIFFIN: Some 900-number, yeah. JUDGE HENNEKE: Wait a minute. COMMISSIONER WILLIAMS: You make the motion, I'll second it. COMMISSIONER GRIFFIN: But, anyway, I would make the motion that we adopt this system, and at about our next r^ 155 ~.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 meeting, we'll have all the paperwork that would be required. And, between now and then, we need to decide who we think ought to be the, quote, administrator. COMMISSIONER LET2: Go back to the case of -- I didn't answer your question. Jannett wants one of her employees to have a card. She goes to the administrator -- Jannett does, goes to the administrator and says, "I want so-and-so to have a card." She is okaying that, or the administrator won't complete this paperwork to send into the American Express to have a card issued. That's the way that that has always worked. In other words, your issuing authority is always involved. The issuing authority is always involved in who gets issued cards, or if one gets canceled. She can come and say, "I've decided I don't want her to have a card any more," and -- or him to have a card, and, bam, that's it. Administrator notifies American Express to cancel. It's done by fax; they haven't gotten an a-mail yet, but it can be canceled in minutes. COMMISSIONER WILLIAMS: The mo JUDGE HENNEKE: Thea, you have MS. SOVIL: Well, what he said personal liability. Are you saying that personal liability to repay that card? COMMISSIONER GRIFFIN: Yes. COMMI3SIONER WILLIAMS: That's Lion -- a comment? in the beginning, an employee has the right. ~'` 156 /^ /"~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 29 25 MS. SOVIL: Well, aren't you putting the burden of the County expense on the employee, then? COMMISSIONER GRIFFIN: No, because the County's going to reimburse that person for that. MS. SOVIL: But what guarantee do we have that that employee is going to pay that bill with the money he got back? COMMISSIONER WILLIAMS: That's the employee's problem. JUDGE HENNEKE: That's the supervisor's problem. COMMISSIONER GRIFFIN: And that's the reason that the employee is personally responsible, is because you wouldn't want to dump that on the County. The County's out of it when they repay the -- when they reimburse the employee. The County is out of it. MS. SOVIL: But, theoretically, the -- the employee is out their own money until they get reimbursed? COMMISSIONER GRIFFIN: That's right. COMMISSIONER WILLIAMS: Doesn't have to happen, though. COMMISSIONER GRIFFIN: But they always can be reimbursed before that American Express bill gets there. MS. SOVIL: Well, there are times when we do go three weeks. COMMISSIONER GRIFFIN: Okay, that's still no 157 r^ 1 2 3 4 5 6 7 8 9 problem. Three weeks is never a problem with American Express. And, that's exactly the way it works with the State program and the -- where they have instituted this with the -- MS. SOVIL: I could see a card per department, but I can't see a bunch of employees running around with cards. COMMISSIONER GRIFFIN: But then who controls it7 MS. SOVIL: The department head. COMMISSIONER WILLIAMS: That's the problem which ~,"'` L_, 10 11 12 13 14 15 16 17 I8 19 20 2I 22 23 29 25 we've got right now. JUDGE HENNEKE: That's up to the department head, though. I mean, if Jannett decides that -- Jannett decides that she only wants one card in her department -- and we're picking on her cause she's here. MS. PIEPER: That's fine. JUDGE HENNEKE: Whenever she sends one of her employees to be trained, that she's going to allow her card to be used, say, to guarantee the hotel. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: Or to pay the registration fee. That's her decision. Cause the bill's going to come to her, and she's going to have to go to the employee and make sure that the employee has the necessary receipts and puts in for the reimbursement so the employee can then -- MS. SOVIL: That's if the card is in Jannett's i 158 r !''` 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 la 19 20 21 22 23 29 25 name. JUDGE HENNEKE: That's right, but that's the decision of the department head. If Jannett decides she really doesn't want to have more than one card for her department, understanding it can only be used for travel, that's her decision. But then she understands, she has to make the rest of the decisions about whether she wants to allow an employee to use their personal credit card to secure a seminar room, or whether she's going to allow them to use her credit card, or whether, in the long run, it might be easier -- I think you'll find that a lot of the departments probably won't pass out too many employee cards, because they're not used but maybe once a year to go to a seminar. And that's on -- but what we're trying to get away from is where we have one card for the entire County, and it's constantly in motion. MS. SOVIL: Well, that one card was originally gotten for Commissioners Court. 1t lust has gone -- they wanted to use it. I mean, it wasn't -- it wasn't gotten for the ability for everyone to use it. It was gotten for the County Judge to carry. COMMISSIONER WILLIAMS: But the way people travel today, the rules of travel today are such that one card in his pocket doesn't benefit me when I check in a hotel six hours after or before he arrives. r"~ 159 ~"'` ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 MS. SONIC: You had that experience? COMMISSIONER LETZ: I think it's a good idea. JUDGE HENNEKE: A motion has been made by Commissioner Griffin, seconded by Commissioner Williams, that we participate in the American Express travel-related company program for independent agencies. Any further discussion? All in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Okay, Item No. 18, consider and discuss Solid Waste Grant. Mr. Baldwin? COMMISSIONER BALDWIN: Yes, sir. As you know, the Solid Waste program fs finally up and running. Chuck Brecher is our employee, and I understand that he -- he's lust been working, like, on weekends up to this point, and I understand that he retires from the Sheriff's Office -- tomorrow? MR. HOLEKAMP: Tomorrow. COMMISSIONER BALDWIN: Tomorrow's the day, his final day with the Sheriff's office, and then he will come on with us at our full-time -- not necessarily the County's full-time employee, but because of the grant, the full-time on the grant. For the grant next year, it's time to start the process again. You see on this T.N.R.C.C. cover letter here, the cover page, the tentative schedule. So, as you can 160 /" 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 see, it's time for us to start looking at it, talking about it, and Mr. Holekamp has asked me to get this on the agenda to kind of get a feel of what the Commissioners Court wants to do, if we want to pursue this thing, so that he can move on out, get with Ms. Huddleston to start writing the grant and all those things. And I think Glenn even has some -- has been, maybe, thinking to possibly broaden the scope of the thing. So, Mr. Holekamp, please come forward. MR. HOLEKAMP: Thank you, Commissioner. First of all, did everybody get a copy of the regional Solid Waste grant program with the tentative schedule on it? That was forwarded to me from Meg Huddleston, who is the Kerr County representative to the AACOG Solid Waste Task Force, which meets in San Antonio, I guess, every two or three months. And, as she indicated, there's some asterisks involved here. A lot of it depends on our Legislature, what they approve this year, but it looks very positive that there -- they are going to set the grants up for a two-year period instead of one year at a time, which will give Counties and other entities a little bit more opportunity to -- to look at programs little bit further in the future. I think one of the things that -- you know, if we -- this is one of the better grant programs, as far as I'm concerned. It's a grant that you apply for; it's not a matching situation. We've been able to fund some capital 161 r'"~ L - r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 equipment that should last us quite some time. In -- into the new program, on Page 6, I think this is probably the area that I would really -- and listening to Commissioner Letz' comments about the task force with the City -- COMMISSIONER WILLIAMS: I don't have a Page 6. MR. HOLEKAMP: Page 6 at the very bottom -- well, it's No. 5, Implementation Project Funding Standards. COMMISSIONER LETZ: We go from 5 to 7, we're missing a page. MR. HOLEKAMP: I'm sorry. COMMISSIONER LETZ: We don't have the odd-numbered pages. MR. HOLEKAMP: Here, just pass this around. Quite briefly, what it says -- I'm sorry. COMMISSIONER GRIFFIN: We've got the odd-numbered pages, not the even-numbered. COMMISSIONER WILLIAMS: That explains why we're having troubling reading this thing. COMMISSIONER BALDWIN: The back of the page. COMMISSIONER GRIFFIN: Yeah, it's printed on both sides. MR. HOLEKAMP: Yes, sir. What -- the grant has some possibilities as to we can take in by contract to do other -- other entities, whether they be cities or -- who do not, in my opinion, have an active Solid Waste program, i! 162 r~"` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether it be the City of Kerrville, Center Point, Ingram. It can even extend to other government entities: U.G.R.A., Headwaters, school districts, if they wish to participate. And, of course, it would be by contract; I realize that we have to do it that way. But, the City has -- I don't know if they call them Code Enforcement Officers or what they do with their -- you know, when they have a trashed-out yard and the Health Department or -- I don't know who does it -- inspector goes over there and says, "Hey ,you need to mow your grass," or whatever it is. But, this program -- if the Court so chooses, we could expand our program to include these other entities, in contract with them, and have it funded by AACOG. Which I'm not saying there's money out there to grab, but it's been very good, and this is going to be an excellent program. We're getting some Sunk off the streets that's needed to come off for a long time, and with our officer that's going from part-time to full-time next week, we are going to see an immediate reaction, positive. So, I would really like to look at the funding as to expanding the scope of Code Enforcement. And if there's some other area in here that you feel like is an area that we need to look at, we can plug it in. Megan Caulfield at the City is very, very good about helping us put our grant together, and so is Meg Huddleston. So the City is involved. They're 163 .~'~ ~, _ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 already involved in -- in helping us with the the application. So, I would really like to look at this grant application positively, and be a little more aggressive this year in trying to get some grant funding, and maybe at a higher rate and do more than what we're doing right now. JUDGE HENNEKE: Any questions or comments? COMMISSIONER LETZ: I think we certainly want to go forward with the grant. And, I mean, the -- it's a good program, what you want to cover. I mean, I -- Commissioner Baldwin's been working with it, but, you know, we're -- get with Glenn Holekamp and put together what you'd like and bring it back to us, within reason. JUDGE HENNEKE: I would think so. Bring us a proposal. MR. HOLEKAMP: Okay. As to how much you feel like Kerr County can do or is willing to do? Or -- COMMISSIONER WILLIAMS: Both. MR. HOLEKAMP: Both? COMMISSIONER GRIFFIN: How much money we can go after. COMMISSIONER WILLIAMS: What do you see the need being expanded to? MR. HOLEKAMP: Oh -- COMMISSIONER WILLIAMS: Sky's the limit. MR. HOLEKAMP: Yes, sir, it is. The sky's the 164 n 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 limit, because there's a lot of trash out there, sir. JUDGE HENNEKE: All right. MR. HOLEKAMP: The only thing is -- and you'll need to keep in mind, no grant funds can be used for collection of trash. We cannot haul it. We will not. That is against the rules. That's in competition with the -- with business. But I -- COMMISSIONER GRIFFIN: This is the enforcement side. MR. HOLEKAMP: It is enforcement or programs. One of the programs that y'all might find very attractive is collection sites in rural areas. That is something, too, that grant money can be used for. COMMISSIONER WILLIAM3: To establish a collection site? MR. HOLEKAMP: Yes, sir. JUDGE HENNEKE: It's something you don't necessarily do permanently, but you do periodically. You might do it semiannually, you might set up a collection site in Center Point and one in -- MR. HOLEKAMP: As part of your program. JUDGE HENNEKE: Where people could bring to the collection site used oil, used paint -- COMMISSIONER LETZ: Batteries, chemicals. JUDGE HENNEKE: All those things. /"', i 165 1"'` ~_ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMIS3IONER HOLEKAMP: And we can even -- there's a possibility that you can do a quarterly deal with funding to get big old trailer dumpsters where people can bring their trash in once every month, but BFZ still would reap the benefit of the -- of the weight and all of that. COMMISSIONER LETZ: I'd be very much in favor of anything we could do through the grant where we could have a mobile collection point for hazardous chemicals and items, because that's something that BFI won't take. MR. HOLEKAMP: How hazardous? COMMISSIONER LETZ: Hazardous being paints, chemicals. MR. HOLEKAMP: We have to be real careful on that one. That's regulated by a different outfit. Before I could make a statement, I would have to read the rules, 'cause they're under a different arm. COMMI3SIONER WILLIAMS: We have a hazardous waste pick-up down here. MR. HOLEKAMP: That fs directly by T.N.R.C.C. That is not -- COMMISSIONER WILLIAMS: It's done in Kerr County already. MR. HOLEKAMP: Oh, yeah. Yeah. Yeah. COMMISSIONER WILLIAMS: That's my point. COMMISSIONER LETZ: But I'm saying that the -- that 166 /"` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the County people use it, but if you had one out in Hunt, you'd get a lot more people from the western part of the county taking in their old paint and chemicals, batteries; and have another one in Center Point. COMMIS3IONER BALDWIN: We might want to look into that. MR. HOLEKAMP: But the parameters of the grant is -- is pretty open from the standpoint that there's a lot of things we can do once we find out whether, yes, let's go for it, or we'll be willing to apply for it. And then, not only apply for it, but once it does get here, are we willing to implement them. JUDGE HENNEKE: Well, I think what I'm hearing is you bring us back what you think we can handle, and be expansive, and we'll take a look at it, run with it from there. MR. HOLEKAMP: Okay. Is there a particular person on the Court you want me to -- to keep working with on this? I see three fingers pointing your way, Buster. COMMISSIONER BALDWIN: Which finger? MR. HOLEKAMP: But -- JUDGE HENNEKE: I was going to do it verbally. Commissioner Baldwin has been the Solid Waste liaison. MR. HOLEKAMP: Yes. And he's very well up on what we'xe doing, and I would appreciate it very much if y'all r^"` 167 L - 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 would appoint him. And he knows what we did last year, and I think we can expand on it. COMMISSIONER WILLIAMS: Is there a deadline for the grant application? COMMISSIONER BALDWIN: We need to rock and roll. Here, this is yours. MR. HOLEKAMP: I'm sorry that v'all did not qet the complete pages. COMMISSIONER WILLIAMS: We got the even pages. JUDGE HENNEKE: Looks like it's due July 15th, so we've got a little while to work on it. But -- MR. HOLEKAMP: Yeah, right. COMMISSIONER BALDWIN: We need to get to work on it. Thank you, Glenn. JUDGE HENNEKE: Thank you, Glenn. Next item is Item No. 19, which is update on House Bill 2012 and House Bill 662. Buster? COMMISSIONER BALDWIN: Yes, sir. These are the two bills that you remember that Mr. Duncan put together and sent over to the State Legislature. One of those bills is out of committee, being considered on the floor of the House. The other is hung up in the committee. We've put both of these bills and a brief explanation in your packet, and I hope you have an opportunity to read them. If you -- you know, that's all the information that I'm going to provide, other than if 168 /'` t" 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 you have further questions, Mr. Duncan is here, and has been here all day -- thank you, Mr. Duncan -- to answer any further questions. JUDGE HENNEKE: Does anyone have any questions? COMMISSIONER GRIFFIN: Which one is hung up? COMMISSIONER BALDWIN: Which one is hung up7 MR. DUNCAN: 2012, sir. It will be in committee this week. I just heard from Ross Fisher, and he just hasn't qot a date for you yet. COMMISSIONER BALDWIN: County Government Committee, our representative is a member of that committee. So -- COMMISSIONER GRIFFIN: Right. County Affairs, right. COMMISSIONER BALDWIN: County Affairs, that's correct. COMMISSIONER GRIFFIN: Good. JUDGE HENNEKE: Any further questions? Any further discussion? COMMISSIONER LETZ: Really good. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Thank you, Mr. Duncan. MR. DUNCAN: Good, I've got money to collect. JUDGE HENNEKE: Next item is Item No. 20, which is consider and discuss approving a resolution opposing passage of Senate Bill 143 and its companion bill, House Bill 1645, 169 f r^ P"` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 or any legislation that would eliminte protections like those found in Section 11.085, subsection (s) of the Water Code. I put this on the agenda. This was a -- this is a major concern for the Texas Rural Judges' Association. And we are, however, optimistic that they can get this thing stopped. Basically, what the proposed bills that we're being asked to oppose do are to eliminate the restrictions on inter-basin water right transfers, which were included in Senate Bill 1. I think it's certainly something that we need to be opposed to, because the way it stands now, San Antonio Water System could practically come up and buy all the remaining water rights in the Guadalupe River if this legislation passed. There's really nothing between them and all of our water except money. COMMISSIONER GRIFFIN: What was -- do we know what my good friend, Buster Brown, was trying to solve when he put this bill in? What was he trying to solve? JUDGE HENNEKE: Well, this was a very highly controversial part of Senate Bill 1, the last remaining hurdle. It was the only way they could get the rural counties to go along with it, including a man by the name of Laney. And what they're trying to say is that the free market should dictate what water rights are, without taking into consideration the disparity in markets. The Senate Bill has passed the Senate, but Representative Counts is the t 170 /^ ~. _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 chairman of the Natural Resources Committee, or whatever it's called in the House. That's the one who authored the amendment in 1997, then put the restriction on it. So, I think with enough show of support, that they can effectively get along. COMMISSIONER BALDWIN: I had the same question about Senator Brown. This is not like him. It is not like him at all. Exact same question. COMMISSIONER GRIFFIN: I can't figure out what he was trying to do with it. COMMISSIONER BALDWIN: Ne's got some pressure down in Port Arthur or something. COMMISSIONER WILLIAMS: What they don't want is to have to ask permission. They don't want to have to ask permission for an inter-basin transfer, the larger counties. I think its one of the most important things on our agenda today. COMMISSIONER BALDWIN: Absolutely. One of the -- and in Judge Griffith's letter here, on Page 2, something that lust kind of pumps out at you -- when I read the thing, it lust lumped out at me. In that first paragraph, I guess the second sentence -- or third sentence excuse me. "You might be surprised to learn that many of the river authorities in Texas are headed by appointees from other areas of the state," -- ~'` 171 F'", /'"` 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: I saw that. COMMISSIONER BALDWIN: -- "people with no stake in the area where the river is located. In some cases, they may have an interest in paving the way for the transfers." I'm not quite following that. I mean, where -- where is the -- where is Judge Griffith coming from with that? JUDGE HENNEKE: It must have something to do with down in his neck of the woods. I know the two river authorities I'm familiar with, U.G.R.A. and L.C.R.A., you must reside in the territory serviced by the district in order to be appointed to the board. So, I don't know where he's coming from. COMMISSIONER WILLIAMS: The Trinity River and the Hrazos River are probably two good examples where boards may be comprised of people up and down that basin. And the ones from up on top of the basin may not have the same pressures or the same understandings and needs as the guy down on the lower end. This Judge is from Beaumont, and he's talking about probably what's happening in the Sabine Basin and the Trinity Basin, and these things may have some controlling factors in places other than Jefferson County. I think he makes a very good point. COMMISSIONER GRIFFIN: He's probably also pointing out that you could have -- you could have somebody -- technically, you could have a member of the L.C.R.A. We 172 r^ 1 2 3 4 5 6 7 8 9 IO 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 don't, as they are required -- but, by State law, unless the authority requires it themselves -- correct me if I'm wrong, Judge, but unless the authority requires it under State law, you could have someone from San Antonio, for example, serving on the Trinity River Authority, or vice-versa. Somebody from Dallas could be serving on the L.C.R.A., except for the fact that the L.C.R.A. authority requires that you reside. I don't think there's anything in State law that requires it. JUDGE HENNEKE: The L.C.R.A. enabling legislation would require that. COMMISSIONER GRIFFIN: That's in enabling. JUDGE HENNEKE: U.G.R.A., same way. COMMISSIONER HALDWIN: Could you have a -- could you -- COMMISSIONER LETZ: Just -- just our local people, 'cause that's where my mind first goes to, could Jim Brown head up G.B.R.A.? JUDGE HENNEKE: Yes. COMMISSIONER WILLIAMS: Yeah, cause he's a hired hand. JUDGE HENNEKE: He's not a member of the -- COMMISSIONER WILLIAM3: He's not a director. COMMISSIONER BALDWIN: Are we saying "director" here? JUDGE HENNEKE: No, you're right. It says "headed F^ i! 173 ~. ,~ - 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 by appointees." And -- COMMISSIONER BALDWIN: That was my point. JUDGE HENNEKE: Jim came from what, Eagle Pass? COMMISSIONER WILLIAMS: Yeah. But doesn't "appointee" -- in the context he's using appointee, I would say is appointed to the board, correct? COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: Well, that was my first assumption, but I'm not sure that that has to be read that way. COMMISSIONER BALDWIN: I did not read it that way, sorry. JUDGE HENNEKE: Because the people running the river authorities are really not the boards. COMMISSIONER GRIFFIN: Right. COMMISSIONER WILLIAMS: Absolutely. COMMISSIONER LETZ: I agree, this is an important bill, and I make a motion to adopt the resolution. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, second by Commissioner Baldwin, that we adopt the resolution opposing Senate Bill I93 and House Bill 1645. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.} I~ I 179 ~^-~ r,.,, 1 2 3 4 5 6 7 8 9 10 I1 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Motion carries. Next item is No. 21, consider and discuss proclaiming the month of April as Youth Alcohol Awareness Month. This is pursuant to the request from Tommy Hall, our local Alcohol Control person. Any discussion? COMMISSIONER BALDWIN: Is there anybody fn the audience that would like to speak to this? COMMISSIONER GRIFFIN: Thea? MS. SOVIL: Sure. COMMISSIONER LETZ: So moved. COMMISSIONER HALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we adopt the proclamation proclaiming the month of April as Youth Alcohol Awareness Month. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item No. 22 is similar, in that we've been asked by the Chamber of Commerce to proclaim May 4th, 1999, as Camp Appreciation Day. COMMISSIONER LETZ: So move. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Letz, ~~ to 175 ~- - 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 seconded by Commissioner Williams, that we adopt the proclamation -- COMMISSIONER BALDWIN: Question. JUDGE HENNEKE: Excuse me. Discussion? COMMISSIONER BALDWIN: You go ahead and finish your sentence, but I have a question before you vote. JUDGE HENNEKE: That we adopt the proclamation proclaiming May 4, 1999, as Camp Appreciation Day. Any further discussion? COMMISSIONER BALDWIN: Yes, sir. The letter from the West Kerr County Chamber of Commerce to the Honorable Fred Henneke. "Dear Judge Henneke," and then in the last paragraph it says, "Please accept our invitation as a guest to the banquet that evening." It doesn't say a damn thing about Commissioners. All right, somebody? COMMISSIONER WILLIAMS: You want to go? COMMISSIONER BALDWIN: Heck, no. But the party is in my precinct. COMMISSIONER GRIFFIN: Oh. COMMISSIONER BALDWIN: At Camp Chrysalis, Upper Turtle Creek. COMMISSIONER WILLIAMS: Which is a Lutheran camp; I'm helping support that. COMMISSIONER BALDWIN: There's two of us. JUDGE HENNEKE: Well, if we all go that will be a 176 r"` 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 majority; we would have to post. COMMISSIONER WILLIAMS: Will you at least report back on whether it was a good dinner? JUDGE HENNEKE: That's all right. I'll have a margarita for you and a beer for you, how's that? Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. That concludes our regular session. We will now go into Executive Session, as authorized by Title 5, Chapter 551, Government Code, and Title 5, Chapter 552 of the Government Code. (The open session was closed at approximately 2:15 p.m., and an Executive Session was held, the transcript of which is contained in a separate document.) JUDGE HENNEKE: We will now return to open session. We have discussed matters relating to real estate, and no action -- no action is required. We've also discussed in Executive Session, as was announced in open session, Agenda Item No. 10, consider and discuss approving a constable for Precinct 3. Do I have a motion regarding Agenda Item 10? COMMISSIONER LETZ: Yeah. I make a motion that we appoint Angel Garza Constable of Precinct 3, to fill the r''~ N I . 177 ,•'` I'~. L. _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 unexpired term of former Constable Mark Shaw. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: It's been moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court approve Angel Garza as the Constable of Precinct 3 to fill the unexpired term of former Constable for Precinct 3, Mr. Mark Shaw. Any further discussion? COMMISSIONER BALDWIN: Effective? COMMISSIONER LETZ: May 1st. COMMISSIONER BALDWIN: Good. JUDGE HENNEKE: Effective May 1st. COMMISSIONER GRIFFIN: I have a question. When does that term expire? JUDGE HENNEKE: Year 2000, correct? COMMISIONER GRIFFIN: Okay. COMMISSIONER BALDWIN: December 31, 2000. JUDGE HENNEKE: Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We have done reports from Commissioners. We've also approved the Road and Bridge monthly report and Maintenance monthly report, so, without objection, we stand adjourned. ,~'~ u 178 /^ r^. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 (Commissioners Court was adjourned at 2:43 p.m.) STATE OF TEXAS I COUNTY OF KERR I 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 this the 16th day of April, 1999. JAN,N/ET~T.. PIQEPER, County Clerk BY : NAB-~M~ FYQ~~ Kathy B nik, Deputy County Clerk Certified Shorthand Reporter ~^.