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 KERR COUNTY COMMISSIONERS COURT Regular Session June 19, 1999 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: FREDERICK L. HENNEKE, County Judge H. A. "BUSTER" HALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissionre Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 ABSENT: LARRY GRIFFIN, Commissioner Pct. 9 ^\ ^v 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 I N D E X June 19, 1999 COMMISSIONERS` COMMENTS Judge Henneke APPROVAL AGENDA asdg~ l.lat~l7gPay Bills .x~lq, ~pfoys f!3 1.2 Budget Amendments a S ~ 1.3 ~~-Late Bills 1.9sSYlYRead and Approve Minutes 1.51sa¢SApprove and Accept Monthly Reports PAGE CONSIDERATION AGENDA 2.1,tsQg~Preliminary Plat - Dutch Farm, Pct. 3 2.2~IIy7Move funds to pay for summer mowing 4 2.9~~ 3tep increase for two jailers 2.5hlas~J'^ Renewal of contract with Evercom (Sheriff) 2.7,v~'Interlocal Agreement with City of Center Point for enforcement of OSSF rules 2.81S~g4purchase of 2 No-Wake Buoys for Ingram Lake 2.9/~~ Possible contract with Allison, Bass s Assoc. 2.10~~"Necessity for ordinance prohibiting solid waste disposal 1n Kerr County 2.6pSQ9~Replace radio for Constable Williams, Pct. 2 2.3a.sg9 Abandonment of Vista Hills Drive VISITORS' COMMENTS Eddie Taylor 25 I Adjourned 56 9 5 13 18 18 19 21 29 28 29 31 32 38 92 97 53 3 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 On Monday, June 19, 1999, at 9:00 a.m., a regular session of Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, and the following proceedings were had in open session: P R O C E E D I N G S JUDGE HENNEKE: Good morning. I see by the clock on the wall that it's 9 o'clock on Monday, June 14th, which is our regular Commissioners Court agenda. We'll call the meeting to order. If you all will please stand, we'll have a moment of prayer, followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: At this time, any citizen wishing to speak on items not listed on the regular agenda may come forward and do so. Is there anyone in the audience who would like to speak on any item that's not listed on the regular agenda? (No response.) JUDGE HENNEKE: Once again, do we have any citizens who'd like the speak on items not listed on the regular agenda? Seeing none, we'll turn to Commissioners' Comments. Commissioner Baldwin? COMMISSIONER SALDWIN: Sir, I have none, thank you. JUDGE HENNEKE: Commissioner Williams? COMMI3SIONER WILLIAMS: I said mine outside, Judge. That's all I've got. 4 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 JUDGE HENNEKE: Commissioner Letz7 COMMISSIONER LET2: Nothing at this time. JUDGE HENNEKE: A couple things from myself. First of all, thanks to Dick Hudson and the Sons of the American Revolution, as well as the Daughters of the American Revolution for the impressive and moving ceremony. Those two organizations together presented to the County an American flag which is flown in -- flown over Mt. Vernon, as well as a replica of the Commander-in-Chief's flag which George Washington carried during the Revolution, which will be flying over the courthouse today. And we, again, want to thank them for their gift, and for their gift of helping us to remember the ideals and beliefs of the people who founded this great nation of ours. secondly, I will remind everyone that our special meeting this month will be on Thursday, June 29th, at 6:30 in the evening. The change is necessitated by the fact that a majority, if not all, of the Commissioners and the County Judge will be attending the South Texas Commissioners' and Judges' Convention in Galveston when our regular meeting would have been scheduled. 30, again, a reminder that the second meeting this month is scheduled for Thursday, June 29th, at 6:30 here in the courthouse, which means that we need to have any agenda items in by this Friday, if y'all will keep that in mind as we move forward. 5 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 With that, we'll turn to the regular approval agenda. Does anyone have any comments regarding the bills? COMMISSIONER BALDWIN: I have several questions. I guess I'll go. COMMISSIONER WILLIAM3: Go. COMMISSIONER BALDWIN: On Page 1, Commissioners Court, the last item, Broemer 6 Weisblatt. Is that -- is that the Indigent Health Care bill? MR. TOMLINSON: Yes, it is. COMMISSIONER BALDWIN: We hired a firm out of Houston to do that. i remember something about it, but I couldn't -- MR. TOMLINSON: Yeah, that's correct. COMMISSIONER BALDWIN: Okay. Oh, dartt -- okay. Stand by, I've got a couple more. On Page 9, Invoice No. 102127. It's a conference expense for the Sheriff's Department, Houston and Austin. And if you were to look at the the bill in here, which I did, there is a -- a lunch for six at Mamacita's in Kerrville. And we've had this discussion before. You know, we have -- as Commissioners Court, we have traveled, and our budget for when we go outside the county, we -- the County reimburses us for our meals when we're outside the county. When we're inside the county, we can pick up our own tabs. That's meals and travel. 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 And, we've had this discussion before with the Sheriff, that -- that that's the way this thing is set up. And I dust disagree. I mean, y'all may agree and go on, and that's fine. I disagree. I don't think that our elected officials or County employees -- the taxpayezs of this county should be feeding us while we're in our home county. And what has happened -- we've had this discussion with the Sheriff before, and I thought we'd agreed that we weren't going to do this any more. And what had happened before was she would have -- she would invite special investigators to come here to investigate some kind of crime, or the Attorney General's Office, I can't -- Federal Marshals' Office, I can't remember who all comes into town. And she felt like that -- felt like that she should buy them -- the County, the taxpayers, should buy the officer a meal while they're here, and I couldn't disagree more. You know, all those people are on -- are State employees, federal employees, on a per diem; they're getting paid to eat in our town and every town they go in. So -- I guess before I qet too far into this, Tommy, would you look at the bill for us7 Make sure that it's -- it's 102127. And part of -- part of this -- part of the bill in there is Houston and part of it fs Austin. MR. TOMLIN30N: Yeah, there was a -- a bill for S66.72 on April the 27th. The rest of them in here are from places outside of Kerr County. 1 2 3 COMMISSIONER BALDWIN: Which I problem with at all. But local -- local such, I personally disagree with it. I approve anything like that. Plus, we've before and I thought we'd left this room that we don't do those things. don't have any restaurants and ~ron't ever vote to had this discussion with an agreement 9 5 6 7 8 9 10 11 12 13 .-. .. _ 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: Does it state on the bill who ate? As I recall, the other discussion also said it was a -- MR. TOMLINSON: It didn't say. COMMISSIONER LETZ: On meals, it used to say who your -- because it's possible that that is all out-of, you know, -town people. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: We 3ust don't know. But, I think -- I mean, I think what we need to do -- I mean, I agree with Commissioner Baldwin that we have had that discussion. I thought it was clear that only when you were out of the county were you to have meals provided for you. But maybe we lust need to look at our policy and make it something that we really adopt as a Commissioners Court before the Court wants to do it and make it a -- COMMISSIONER WILLIAMS: Was the restaurant charge the same date as the conference ending or something like that? It may have been -- may have been a late return to town and a dinner following a late return to town or a 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 something of that nature, as well. MR. TOMLINSON: No, it was -- it's an isolated incident. COMMISSIONER WILLIAMS: It's an isolated -- COMMI3SIONER LETZ: Generally, a lot of times, it -- when there's -- what she does, you know, is when there's a -- they're out late after an investigation or something of that nature. But, still, I mean, it's not fair for one department to do it. Road and Bridge certainly stays out late when a there's a flood, but they don't put -- they don't all go out to eat at Mamacita's. We have to be consistent in all departments, and that's my concern. Within the county, you shouldn't get reimbursed for your own personal meals. JUDGE HENNEKE: How much was that bi117 MR. TOMLINSON: It was $62, I believe it was. It's all -- it's a part of -- of a bill on a credit card, though. JUDGE HENNEKE: Right, credit card charge. COMMISSIONER WILLIAMS: Can I interrupt before you qet off of Page 9? COMMISSIONER BALDWIN: Certainly. COMMISSIONER WILLIAMS: Tommy, you may have explained this before, but I see under Card Services on Page 9 at the top a lot of finance charges. Explain that to me one more time, why we have finance charges. MR. TOMLINSON: Which one? 9 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 WILLIAM3: Well, I'm looking up on Page 9, about three, six -- about eight or nine entries down. MR. TOMLINSON: Okay. COMMISSIONER WILLIAMS: A couple two or three finance charges. MR. TOMLINSON: It's a matter of -- of timing. It really is. To when, in relation to -- to when we actually get the bill, and -- and when we -- when the Court meets. For instance -- COMMISSIONER WILLIAMS: Okay. MR. TOMLIN30N: -- this month, since this meeting is late in the month, it will be likely that we'll have a finance charge again. Because, you know, on the deal that we -- that this finance charge is probably on the prior bill. But, it's very likely we'll have one again, because -- because of the timing difference and -- and when we actually receive, you know, the bill and when we pay it. COMMISSIONER WILLIAMS: Okay. I think we have a proposed solution in the conduit. COMMISSIONER LETZ: With the new credit cards? COMMISSIONER WILLIAM3: Yeah. MR. TOMLINSON: It's not anything new. COMMISSIONER WILLIAM3: I 3ust needed an explanation. Thank you. COMMISSIONER BALDWIN: Okay. Go on to Page 13. I 10 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 remember last year -- it may have been the year before -- J.P. No. 2, I think -- COMMISSIONER LETZ: Mm-hmm. COMMISSIONER BALDWIN: -- came in and -- and wanted a special water -- bottled water in her office for her and the judges and when the court was out there, et cetera. And we told her no, and sent our maintenance people out there to rig up a cold water fountain. And I can't remember what we ended up with; I haven't been out there, but we said no to bottled water. And then here we are now allowing bottled water in the courthouse. I don't have any problem with people drinking bottled water, but we need to be even and across-the-board. If the J.P. can't have one -- COMMISSIONER LETZ: I believe it's against the law. COMMISSIONER SALDWIN: Well, I do, too. COMMISSIONER LETZ: Which I know it's against the law for us to furnish coffee free. And I wouldn't know why water would be any different. COMMISSIONER BALDWIN: 30, you know. MR. TOMLINSON: I know where the -- there was not a fountain put in. There is not -- there is not a water fountain. And what -- what the water's for -- from what I understand, the water is for the -- for the 198th Grand Jury that meets out there, and -- and for -- for jurors when they have -- when they have court. 11 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: That probably is not against the law. COMMISSIONER BALDWIN: Well, no. It's probably noti against the law to have it in the District Court, either; that's a little different animal. I don't have any problem with who drinks it. I just want to -- you know, I just want to make sure that we're fair across -- MR. TOMLINSON: But I lust wanted to you know that I was aware of it, and I knew -- I knew where -- where the water was. COMMISSIONER BALDWIN: Okay. Moving on to Paqe 16, I'm sure someone can gust -- the County Engineer is here -- can clarify this. Road and Hridge bills. Invoice No. 102234. I guess when I saw the word "water gap," these strange pictures came in my mind that we're out building water gaps for people. And we haven't had enough rain to -- I mean, what are we doing building a water gap? COMMISSIONER LETZ: That one I can answer. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: We did some work -- or Road and Bridge did some work on Hermann Sons Road where we had to take down a fence. We put in a new culvert. In regard to the culvert, we put up a minimum water gap and repaired the fence that we tore down during construction. COMMISSIONER BALDWIN: 30, it's part of the 12 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 fencing? COMMISSIONER LETZ: Part of the fencing. COMMISSIONER BALDWIN: Okay, good. Well, I'll speak to this one privately. That's all I have. COMMISSIONER WILLIAM3: While we're on Page 16, just enlighten me as to why we divide tort liability expenses into two separate categories. I don't have any problem with the expense; I just wondered why it was partially listed under 600, and again listed under 611. The expense totals should -- it is what it is. I just wondered why it's listed in two places. Last line under 600, and about halfway down on 611. MR. TOMLINSON: I can't answer you for sure. I feel like the -- I mean, that was -- that bill came to us from -- you know, from Road and Bridge, the request that we do it that way. 30, I'm assuming that they -- they think that part of it applies to -- to their -- to their office staff and part of it to -- to Road and Bridge. I mean, that -- I don't know the answer to that, but that was -- that's what I would have to assume. COMMISSIONER WILLIAMS: That's the answer. Page 11, one quickie. Under Hill Country Youth Exhibition Center, we have an expense to Thad Ziegler for window reglazing at the Ag Barn. Can somebody tell me what that's all about? MR. TOMLINSON: We had some vandalism at the Ag 13 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 WILLIAMS: We had some what? MR. TOMLINSON: Some vandalism. COMMISSIONER WILLIAMS: Okay. MR. TOMLINSON: And I don't know how many windows, but there were several. And COMMISSIONER WILLIAM3: Okay. MR. TOMLINSON: -- we had to replace those. And we have -- we have turned that claim in to our insurance people. COMMISSIONER WILLIAMS: That was my next question, is it claimed against insurance. Thank you. JUDGE HENNEKE: Anything else? COMMISSIONER LETZ: No. COMMISSIONER WILLIAMS: I move we pay the bills. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Letz, that we pay the bills as presented. Any further discussion? If not, all in favor, raise your right hand. (Commissioners Williams and Letz indicated by raised hand that they were in favor.) JUDGE HENNEKE: All opposed, same sign. (Commissioner Baldwin indicated by raised hand that he was against the motion.) JUDGE HENNEKE: Motion carries. Budget amendments7l MR. TOMLINSON: No. 1 is for the 216th District 19 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 Court, to transfer $30.50 from Miscellaneous to Books, Publications, and Dues. I have a bill for $99 that I can`t pay until we move this. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we approve Budget Amendment Request No. 1 for the 216th District Court. 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.) MR. TOMLINSON: The next one, No. 2, is for my office, the County Auditor's office. I'm asking that we transfer $158.59 from Employee Training into Conferences to finish paying a bill of mine to -- to the Texas Association of County Auditors Institute that I went to in May. COMMISSIONER WILLIAMS: I move the amendment. COMMISSIONER LETZ: SeCOnd. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Letz, that we approve Budget Amendment Request No. 2, relating to County Auditor. Any further discussion? If not, all in favor, raise your right hand. 15 ~_ 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 motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. No. 3. MR. TOMLINSON: No. 3 is for Courthouse and Related Buildings. Request from Mr. Holekamp to transfer 51,200, 5600 going to Telephone, and 5600 to Vehicle Maintenance. And that's in anticipation of expenses for the remainder of the year. COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Williams, that we approve Hudget Amendment Request No. 3, Courthouse and Related Buildings. Any further discussion? COMMISSIONER LETZ: Question. On the travel money, is that -- what travel money is that? MR. TOMLINSON: That was set up for the -- the Maintenance Supervisor for in-town travel between here and -- and all the other buildings. COMMISSIONER LETZ: Right, they were using their own vehicles. MR. TOMLINSON: Since it's a County vehicle they're using, they just -- COMMISSIONER LETZ: All right. 16 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 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. No. 9, Justice of the Peace Precinct No. 1. MR. TOMLIN3ON: This is a request from Judge Elliott to transfer $100 from Photocopy Supplies to Office Supplies, and S96 from his Part-Time Salary line item into Maintenance Contracts. COMMISSIONER LETZ: So moved. COHMI33IONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we approve Budget Amendment Request No. 4 relating to Justice of the Peace, Precinct 1. 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. No. 5? MR. TOMLINSON: Okay. No. 5 is between the County Clerk's office and Records Management, the transfer of $500 from Records Management Capital Outlay to Dockets and Forms .-. 17 1 2 3 9 5 6 7 in the County Clerk's budget. COMMISSIONER LETZ: for originally? What was that money to be used 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: I don't -- M3. PIEPER: That was the remainder $500 for the Internet card. MR. TOMLIN3ON: That's right, yeah. We -- in the budget, we set up for some amounts to network her computers in that office, and we didn't use it all. So -- M3. PIEPER: One of the computers was not up to par, so we didn't use it. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we approve Budget Amendment Request No. 5 relating to Records Management for the County Clerk. 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. Do we have any late bills, Mr. Auditor? MR. TOMLINSON: No. JUDGE HENNEKE: All right. At this time, I'd 18 .~- 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 accept a motion to read and -- waive reading and approve minutes of previous meetings. COMMI3SIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz, that we waive reading and approve the minutes of the last month's meetings. Any further discussion? In 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: The next item is to approve and accept the monthly reports, which are in front of us. COMMISSIONER WILLIAMS: 3o moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Baldwin, that we approve and accept the monthly reports as presented. 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. (Discussion off the record.) 1 2 3 9 5 6 7 8 9 10 19 .-. 11 12 13 14 15 16 17 18 19 20 21 JUDGE HENNEKE: We'll take up the regular agenda at this time. The first item is to consider the preliminary plat of Dutch Farm in Precinct 3. Franklin? MR. JOHNSTON: Morning. JUDGE HENNEKE: Morning. MR. JOHNSTON: The preliminary plat, which consists of a small road that should be privately maintained; paved country lane, I believe. All the lots are greater than two and a half acres. They'll have their own private wells and septic systems. COMMISSIONER BALDWIN: Franklin, East Cotton Drive, I just can't see on there. What is the width of that thing? Where does it say the width? MR. JOHNSTON: It's a 60-foot right-of-way. It will be -- COMMISSIONER BALDWIN: How do you know that? I mean, I'm not arguing with you. I just can't see it. MR. JOHNSTON: Well, just -- COMMISSIONER BALDWIN: There's a lot of numbers on there. 22 23 there? 24 25 there. MR. JOHNSTON: We'll have them put it on this. COMMISSIONER BALDWIN: Oh, we'll just write it on MR. JOHNSTON: On the final plat, we'll have it on i-- 20 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 MR. JOHNSTON: At the entrance it shows a 6 -- 61.32, that little lane. COMMISSIONER BALDWIN: Yeah. MR. JOHNSTON: It's a 60-foot right-of-way. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: I don't have any problems with it; it looks fine. I think the comments that were noted by Headwaters -- by Charlie Wiedenfeld, by the U.G.R.A., Headwaters, are correct for locating the septic and any wells out there, I think. I guess there was also a note about a gravesite possibly out there. MR. JOHNSTON: Which I believe the owner doesn't know anything about. MR. ZANT: If there's one there, I have no idea where it would be or where to even look for it. MR. JOHNSTON: They're not anticipating disturbing more than 5 acres at a time. MR. ZANT: Yes, sir. MR. JOHNSTON: They know about the E.P.A. permit. COMMISSIONER LETZ: But it's -- it looks fine. JUDGE HENNEKE: Any further questions, either for the owner or Mr. Johnston? COMMISSIONER LETZ: I move we approve the preliminary plat for -- COMMISSIONER BALDWIN: Second. 21 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 LET?: -- the Dutch Farm. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court approve the preliminary plat of the Dutch Farm in Precinct 3. 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. 2 also relates to Road and Bridge. It's to consider moving funds from Overtime line item to Part-Time Salaries to hire a college student to help with mowing. MR. JOHNSTON: That summarized the entire memo there. That's what we're asking to do. It gives a line item number as 15-611-112, which is Overtime, and moves to Part-time, 15-611-108. JUDGE HENNEKE: What's the process you're going to use in locating someone to hire? MR. ODOM: Six? JUDGE HENNEKE: What's the process you're going to use in locating someone to hire? MR. ODOM: Probably put it -- put it out in the paper. I've had some people already come in, but we don't take applications until I have, you know, either the funds or 22 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 either the permission from the Court to do that. So, normally we just don't take it until I have that opening. That's all. What we're trying to -- what I'm trying to do is to supplement our mowing program with weedeating and ground coverage, things like that, to take any community service at that point. 'Cause we're in that process of sealcoating. We're trying to run and trying to stay up with the program to keep it going. I lust need one. I'm taking these funds from the overtime, which I'm addressing in the budget which is -- the preliminary is due tomorrow. But I'm addressing that in the budget process for the next three years. And you can see where what overtime I've taken -- very little overtime has been used for the three years that we've had that; zero to maybe $300 is the most I've done in one year. So, we're toward the end of the year, so I'm looking at that line item, and i need your permission, because basically it's construed as a -- as a salary item, and I'm asking the Court that I have excess sitting in there and I'd like to use around $3,000 or less to put a young man to work, or a young woman, for 10 weeks. You know, 90-hour week, and help us with our mowing program. COMMISSIONER BALDWIN: And, hopefully, you would address this same person -- or same position in this year's budget so we don't come back and amend next year's budget. MR. ODOM: No, next year's budget is addressed in 23 .~-_ 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 there anyway, because I'm -- we don't want to get into the budget right now, but I'm addressing that in personnel next year, you'll see in my budget. COMMISSIONER BALDWIN: That's what I'm saying. MR. ODOM: Yeah, but this has nothing do with next year's budget; only this year, this summer. COMMISSIONER BALDWIN: I understand that, Leonard. What I'm saying is that when we -- whenever we start the new budget process here pretty quick, that this person will be in that budget next year, instead of next year coming in at this time and amending the budget. COMMISSIONER WILLIAMS: We'll make provision for this, as opposed to transferring money next time. MR. ODOM: I have some money in there -- next year in there, yes. JUDGE HENNEKE: You're all talking by each other, but you're saying the same thing. MR. ODOM: I am addressing it in the budget. I am reducing the line item. COMMISSIONER BALDWIN: I should recognize this stuff. JUDGE HENNEKE: I think it sounds like a good idea to me. COMMISSIONER LETZ: That's fine. I have no problems with it. 29 ~-. 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: Do we have a motion to approve? COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAM3: Second. MR. ODOM: Thank you. JUDGE HENNEKE: Moved by Commissioner Lett, seconded by Commissioner Williams, that the Court approve moving to up to $3,000 from Overtime to Part-Time Salaries for the purpose of hiring a college student this summer to help with the mowing. 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. ODOM: Thank you. JUDGE HENNEKE: Next, Item No. 3, consider and discuss the abandonment of Vista Hills Drive in Vista Hills Subdivision. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. I'd like to pass on this. You see on my request that I've asked for 10:30. JUDGE HENNEKE: All right. COMMISSIONER BALDWIN: Doctor Williams would like to come in, and so I'll wait on that, please. JUDGE HENNEKE: That's fine. No problem with that. We'll qo on to Item No. 9, request by the Sheriff to move two 25 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 jailers up one step in salary schedule. Sheriff, you want to explain this briefly to us7 SHERIFF KAISER: Good morning. COMMISSIONER BALDWIN: Morning. SHERIFF KAISER: I haven't been here in a long time. Thank goodness, I haven't had to be. I put that in the letter, in explaining I've had two jailers that have been with me over -- one over three years and one three years in June. And, as Commissioner Letz is aware, I've -- we've discussed fn the last two budget years our problem with people that have been with us a while go and they get merit raises, and then when we try to move them into a supervisory position, the County policy states they have to qo back to a 1, and this salary's already surpassed that one, so we move them into this position and they're not getting a raise to take on those extra responsibilities. So, I'm requesting that they get one step. At least it will give them, you know, one step. We've done this in the past, and hopefully won't have to do it any more if Commissioner Letz gets all that going, gets our policy set up for personnel. But I'm requesting that they get a one-step raise. The money is in the budget. And, any questions? COMMISSIONER BALDWIN: I guess my question would be, where are we in the -- in our study to correct this type of thing? ~-. 26 1 2 3 9 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: It's with Commissioner Griffin in Paris. COMMISSIONER HALDWIN: It's in another -- COMMISSIONER WILLIAMS: It's in Paris. JUDGE HENNEKE: I'm not sure we're ever going to correct this situation. COMMISSIONER BALDWIN: I understand. JUDGE HENNEKE: When we have someone moving from one position to another position, I think the -- my personal opinion is the policy is right; that any time you start a position, you should start at the bottom. But there are exceptions to the policy, which is what the Sheriff has brought to us, and some of the other elected officials have brought to us. When you take someone from purely a work role to supervisory role, they deserve to have an increase in salary. COMMISSIONER BALDWIN: No question of that at all. COMMISSIONER LETZ: I agree. It's difficult. You know, it's a difficult problem to work, because you have people -- you know, clearly, supervisors should get paid more than people they're supervising, and so I don't have any problem with making their -- I'm not sure -- Larry and Barbara are working real closely on getting this resolved right now, and I'm not sure exactly where they are. I know they're working with TAC, working with the new State -- State z7 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 system, trying to do a -- I guess a lot more of an overhaul of our system than we originally thought. And I don't know how much of that will be done for this year's budget; a lot of it probably will be in next year's budget. But it's something we need to do, and we'll hopefully correct it rather than rush and make mistakes. So, we're going to probably have some instances like this that we have to just deal with. I move we -- SHERIFF KAISER: It's nice to say I've had somebody working in the jail for three years, 'cause I'm telling you, it's hard to keep employees in the jail. And these people are dedicated people, and I just -- you know, the thought of them just staying stagnant -- you know, I don't know how long they'd be there. So, that's why I -- COMMISSIONER LETZ: I move we approve the two step increases as requested from the Sheriff. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that we approve the step increase in Administrative Corrections Supervisor salary schedule for Pedro Garcia, and the step increase in the Jail Shift Supervisor salary schedule for Allie Henderson. Any further discussion? COMMISSIONER BALDWIN: Yes, sir, I have a comment. I agree with everything that's been said here, except for 28 r 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 these kind of things need to be done in the budget process, not in the middle of the year, so I will vote against it because of that. Not because of these people and what the -- what the Sheriff desires, none of that. It's dust the fact that we've talked about this a hundred times in here, and these things need to be addressed in the budget process, itself. That's all. JUDGE HENNEKE: Any further discussion? If not, all in favor, raise your right hand. (Commissioners Williams and Letz indicated by raised hand that they were in favor.) JUDGE HENNEKE: All opposed? (Commissioner Baldwin indicated by raised hand that he was against the motion.) JUDGE HENNEKE: Motion carries. Thank you, Sheriff. SHERIFF KAISER: Thank you. And the next one is going to be tabled until -- JUDGE HENNEKE: Right. The next item is Item 5, which is to discuss approving renewal of a contract with Evercom for inmate telephone service and upgrade of the jail facility computer system. At my request, the Sheriff has agreed to postpone this so that Commissioner Griffin can have a chance to review it, since he's looking at county-wide Y2K and technology capabilities. And we'll bring this back at the first earliest opportunity. r- 29 .-. 1 2 3 9 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Not today, but some future meeting? JUDGE HENNEKE: Right. It will be reposted. COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: No. 6 is a request from Constable, Precinct 2, Williams to replace the radio in his vehicle. MS. SOVIL: He asked me about what time, and I said 10 o'clock. Y'all are ahead. JUDGE HENNEKE: Okay. We'll roll back to that at the appropriate time, then. Thank you. No. 7, consider and discuss interlocal agreement with the City of Center point for enforcement of Kerr County O.S.S.F. rules. I understand Commissioner Williams has some late-breaking news on that item. COMMIS3IONER BALDWIN: Are they a city? COMMISSIONER WILLIAM3: Well, at this point, until the District Court dispatches with whatever is in front of the District Court, they are. I have -- Judge, I have a letter from Mary Shults, the Mayor of Center Point, which I'll read into the record for you, but there's only one thing that's really important for us. "On behalf of the City of Center Point, I ask that you post on the next meeting agenda of the County Commissioners a discussion item regarding the operation of an O.S.S.F. program for the Center Point area." This letter was dated 30 ,.-. 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 May 27th, and I received it Friday after this budget had closed. "As you're aware, the official "City," quote, unquote, "of Center Point is in limbo until we are able to resolve our status at the court hearing on September 2, 1999. Until that time, we cannot allow pollution from septic systems to occur or to continue which might contaminate our wells or surface water in the eastern portion of the County. I will be meeting with my Commissioners June 15th..." That means she's -- the mayor has scheduled a meeting for tomorrow. "... to formally request the County to act as interim agent to operate an O.S.S.F. program in compliance with State regulations until we're able to determine the long-term status of the city. I feel certain that there will be a unanimous vote to do so. In the interest of time, I therefore ask in advance that this item be placed on your next agenda far discussion and appropriate action. Sincerely, Mary Shults." So, I would say we should pull it today, Judge, and re-establish it as an agenda item for the next court session. JUDGE HENNEKE: All right, we'll do that. Item No. 8, consider and discuss the purchase of two no-wake buoys for Ingram Lake. As you can see from the correspondence, which is in your books, our no-wake buoys disappeared. Since we haven't had any floods recently, I would suggest that they're 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 probably in somebody's back yard, but, be that as it may, we must replace those. Our Administrative Assistant, Thea 3ovi1, has contacted the Boy Scouts in Castroville, and we can purchase two buoys from them for 5125 each. We will have to be responsible for stenciling whatever verbiage we have to put on those buoys. It takes about a month to get them. COMMISSIONER LETZ: Is it the Boy Scouts in Castroville? JUDGE HENNEKE: Hoy Scouts. COMMISSIONER BALDWIN: "Buoy" Scouts. JUDGE HENNEKE: Thank you. I'm glad you said that, not me. We have to have them. COMMISSIONER LETZ: I know. JUDGE HENNEKE: We have no choice. COMMISSIONER LETZ: I know we have to have them. COMMISSIONER BALDWIN: All right. Where does the $125 come from? JUDGE HENNEKE: Well, it's actually $250. It's two of them at 5125 each. COMMISSIONER LETZ: Probably our Contingency would -- I think. JUDGE HENNEKE: It'll have to come out the of Contingency, I think. Do you have a different suggestion? M3. SOVIL: No. COMMISSIONER BALDWIN: So move. I just move that 32 -, L- 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 we do that. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz, that we purchase two buoys from the Boy Scouts in Castroville for 3125 each, and that the funds be taken from the Contingency line item. 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. No. 9 is something I put on there. It's to consider and discuss a possible contract with Allison, Bass ~ Associates regarding assistance with participation in the tobacco settlement distribution. In your book is a copy of a proposed contract and a letter from Jim Allison that outlines what the proposal is. Tommy, do you have any comments on that, on this item? MR. TOMLINSON: No, I haven't. JUDGE HENNEKE: The purpose of the proposal is that they will do all of the necessary paperwork to make sure that we get a maximum number amount out of the tobacco share -- settlement that we can, including possibly repositioning some of the expenses at the 7ai1. It would come within the Indigent Health Care category. Now, I'm not sure -- in my .~. 33 .., 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 own mind, I have some questions about whether this is something we want to do or not. I'm pretty sure that we don't have the capability in-house to do it. MR. TOMLINSON: I don't understand -- COMMISSIONER BALDWIN: Do what, though? That's the question. We do things here. MR. TOMLINSON: I mean, there's some changes in that as a result of legislative action. Hasn't there been? I mean, recent Legislature? Is that what -- JUDGE HENNEKE: Well, the proposal -- the operative language in here says that the conditions of the settlement agreement will require the County to develop accurate records and file an annual report of health care expenditures to receive future payments. COMMISSIONER BALDWIN: We do that. JUDGE HENNEKE: "These records will be subject to audit and penalties." "Since certain expenditures can be shifted to maximize your participation, it is important to review your budget, contracts, and programs now to assure the full consideration of your health care costs. If necessary, budget and contract amendments can be prepared and implemented before the end of the calendar year." And, essentially, what their proposal is is to come in -- it says "prepared to provide all necessary assistance to ensure maximum participation by your county." "... we will 34 1 2 3 9 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 fully review your County programs and contracts, insure that these programs and contracts maximize your participation in the settlement, and complete your annual report in a timely fashion." Then they give us two options. They'll do it for a flat fee of $3,205 for -- well, two payments of $3,205, or they'll do it on an hourly basis of $150. Now, I don't know -- MR. TOMLINSON: I think we can do it in-house. I mean -- JUDGE HENNEKE: Okay, good. MR. TOMLINSON: -- I don't have a problem with records. COMMISSIONER HALDWIN: I think we could do it in-house, and we're audited not only by our County Auditor, but our annual audit. JUDGE HENNEKE: Well, we do -- I know we do the health care. The part that I'm interested in Tommy saying is that we can go ahead and review everything we do, including the medical services we provide out at the jail, and make sure that those would be qualified to include in the reimbursement request. MR. TOMLINSON: We already have a line item for -- foz Indigent Health Care for -- for inmates. We know what -- what the net -- what the net is of all medical expenditures that we have at the jail. We keep -- we have -- we know what 35 ..-. ~_ 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 inmates, themselves, have reimbursed the County for. And, on the other hand, we know what we've expended for those services already. COMMISSIONER LETZ: We'll save $6,910. JUDGE HENNEKE: All right. Sounds good to me. COMMISSIONER WILLIAMS: Well, I'm in favor of saving it, but also -- that's fine. But, I do recall reading the Texas Department of Health letter that came out prior to this item being placed on the agenda. It was about four pages of frequently asked questions and complicated answers, and so I hope that if we don't do this, that we do know the answers to these four pages of questions put out by the Texas Department of Health with regard to this same topic. MR. TOMLINSON: I feel like that -- that -- you know, fudging by past experience, that -- that either the Association, our County's Association, or the Health Department will -- will have some workshops that will answer those questions if we have anything like that. And, I mean, I would depend on -- on our Association for that guidance, as well as -- as -- as the company that we're going to -- that we're going to contract with for Indigent Health Care services. That's their field, and -- and they -- that person has indicated to me they've been -- they've been involved with Legislation, they've been to Austin several times in regard to the recent Legislation about the tobacco 36 ,•-• 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 settlement, and -- and that's -- they're making it their business to know how to deal with this. So, I think we have -- I think we have several resources, other than hiring independent counsel. JUDGE NENNEKE: That's what we like to hear. COMMISSIONER BALD WIN: I want to point out one thing here. Do you remember when the tobacco settlement first came? The first year, payment could be used for anything in the County budget. From that point on, it was to be used for health services. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: Somebody do this for me inodding). And here in Jim Allison's report, on the very last page of it, there's a Q and A session here. Question one is, "Are there any restrictions on the use of tobacco settlement payments?" And his answer is, "No, the payments may be used for any legal purpose in the county budget." What does that mean? Does that mean that they've changed their minds? We don't have to use it for health care any more; we can go out and build a bridge with it7 MR. TOMLINSON: I think that's in the -- in the most recent -- COMMISSIONER BALDWIN: This is one of the changes? MR. TOMLINSON: I think so. COMMISSIONER BALDWIN: That seems so foolish to me. 37 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. TOMLINSON: From what I read. COMMISSIONER BALDWIN: That is -- is lust really foolish, but -- whatever. MR. TOMLINSON: I personally think it makes sense to use it for -- for that reason. But -- COMMISSIONER BALDWIN: Whatever. That was the agreement, you know, that the tobacco caused bad health, so we're going to sue these big companies so we can take care of some of these health costs. COMMISSIONER WILLIAM3: Well, what's of equal concern, I think, are, you know, the "no" answers in Questions 3, 9, and 5. COMMISSIONER BALDWIN: I agree. COMMISSIONER WILLIAMS: Whether things we might consider automatic are not to be considered automatic. There'd probably be a lot of ways for to it slip through the cracks if we're not careful. COMMISSIONER LETZ: I mean, I agree, but at the same time, we're one of many counties in the state. And we also have an Association which is supposed to be looking after the counties, being TAC, for things like this, and hopefully at a workshop coming up there'll be some discussion on this. But, I would certainly think this would be -- or should be handled by TAC. They should be representing all the counties, and all of the counties have the same at stake 38 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 with this tobacco settlement. JUDGE HENNEKE: It appears to be the consensus of the Court that we not engage Allison Bass, and that's how we'll proceed. COMMISSIONER BALDWIN: Thank you. COMMISSIONER LETZ: We can always reconsider if we need to. So JUDGE HENNEKE: Item No. 9, consider and discuss the necessity for ordinance prohibiting solid waste disposal in Kerr County. I put that on the agenda for some discussion and some guidance from the Court. Effective September 1, 1999, the ability of the County to prohibit, basically, landfills in the county will be diminished. And this is pointed out by this press release from Chambers County Judge Jimmy Sylvia. I'm not aware if we have an ordinance on landfills at this time. I don't know if we want one or not. If we do, it's something we ought to consider doing before September 1. Buster, you and Jonathan have been on here, obviously, longer than I have. What are your thoughts? COMMISSIONER BALDWIN: Well, my first thought is that we don't have the authority to do an ordinance in this area. I could be wrong. JUDGE HENNEKE: We do in the Health and Safety Code, yes. COMMISSIONER BALDWIN: Okay. My second thought is 39 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 that we don't have one as far as solid waste or landfills are' concerned. I've never seen it -- never had this discussion before. I don't know that we -- as a county, we need to get into that business, to be honest with you. I don't know about having an ordinance. COMMISSIONER LETZ: I would be very concerned about having a restrictive ordinance, because, I mean, you start -- I mean, including people, you know, living out on ranches that dispose of stuff in pits, just garbage and stuff like that, which may be qualified as landfill. I think that, on the large scale, when you talk about a large commercial landfill, that may be something we want to look at, but I think I wouldn't want anything real restrictive. I think it's something that we probably need to look into and see, you know, where we are right now, what we have on the books, and what we can do. I don't know. JUDGE HENNEKE: The ordinance is designed at controlling municipal or industrial solid waste. COMMISSIONER LETZ: Right. JUDGE HENNEKE: I think if it falls to the level of a rancher burying his garbage, PCP's in the garbage and stuff like that, I don't know that the County particularly is topographically suited for this type. We have one which is a City ordinance, and we all are able to participate in that. The question becomes, what happens if someone decides that 50 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 acres in your precinct is ideally suited for municipal landfill to serve San Antonio? COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: This will prohibit that? JUDGE HENNEKE: Well, right now there's nothing on the books that we think would make it more difficult for them to do that. COMMISSIONER WILLIAM3: That's something to consider. COMMISSIONER LETZ: But -- yeah, it's something to consider, but the other side of it is, I mean, I don't -- if someone buys the property, I mean, people either -- I firmly believe people should be able to do what they want with property they own. JUDGE HENNEKE: I brought this to the Court to see if we wanted to qo through the time and exercise of preparing an ordinance and bringing it in for adoption, whether it was something that we had simply felt was not needed or necessary at this time. COMMISSIONER BALDWIN: Exactly what did this -- I'm sorry. What did -- what did this -- wherever this County is, what did they do7 JUDGE HENNEKE: Well, they -- COMMISSIONER BALDWIN: I see their ordinance here, but I didn't read it. 91 r ~_ 1 2 3 9 5 6 T 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: They have basically prohibited landfills except in the areas where they already have them. COMMISSIONER LETZ: Chambers County is Beach City in east Texas. COMMISSIONER BALDWIN: In other words, they could expand on the present landfill? JUDGE HENNEKE: Right. COMMISSIONER BALDWIN: But you don't do a new one out next to the Hunt Baptist Church? JUDGE HENNEKE: Right. COMMISSIONER WILLIAMS: They also, according to this, are about to construct and operate an incinerator. COMMISSIONER BALDWIN: We've tried that. There is an incinerator sitting out at the landfill right now that's 20 years old. COMMISSIONER WILLIAMS: County-owned? COMMISSIONER BALDWIN: I think the County probably participated in it. That was a long time ago, before my time. COMMISSIONER LETZ: To tabled at this time, and we can at what T.N.R.C.C. -- what their be adequate to protect us. JUDGE HENNEKE: That's that the rules -- our ability to me, it's something that's look at it. I want to look rules are. Their rules may fine. Just keep in mind restrict that type of 92 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 activity is diminished as of September 1, so we have to have lead time to get an ordinance prepared, put on the agenda, have a hearing and adopt it. So, I'm more than happy to table it at this time, but let's keep the time frame in mind. We need have to something, probably, before us by the second weekend in July if we're going to act on it before September. COMMISSIONER WILLIAMS: What is going to impair our ability in September? JUDGE HENNEKE: We can still pass an ordinance, but it is less restrictive. COMMISSIONER WILLIAMS: Because of new legislation? JUDGE HENNEKE: Right, legislation which is effective September 1. COMMISSIONER WILLIAMS: All right. JUDGE HENNEKE: Just, generically, another topic we need to take up probably after the TAC Legislative Conference are any changes in Counties' ability to control subdivisions and other things like that, which I notice there are several out there. All right. Without any further ado, we will table this agenda item and reconsider it, possibly in next month's meeting. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: I see Constable Williams is with us now. We moved little faster than we thought we would, so let's back up to Item No. 6, which is the issue of a new 93 ..._ 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 radio for his vehicle. Constable? MR. WILLIAMS: Morning. JUDGE HENNEKE: Morning. MR. WILLIAMS: I think everything's pretty well self-explanatory on the request. This radio is about 10 years old, and I've had it worked on a couple of times. I've had a couple of microphones for it. What's happening now is whenever I transmit, it sounds like I'm in a barrel; they can hardly understand me. I took it up last week to Henke's, and Gene looked at it and he says it's going to have to go back to the factory. He doesn't have the equipment to work on it there. We're looking at a minimum -- he says by the time you get through sending it, it's going to be three to four weeks before it comes back. We're looking at probably a minimum of about $200. He sent one off a few months ago, and it was about $260 when it came back. So, based on a new radio -- which is actually a better radio; it's 20-channel. This radio I have is a 20-watt; this is a 40-watt radio for $438, probably, plus tax. I feel like that it would be better to go ahead and get a new radio than it would be to try to fix something that -- that's this old. Like I say, the radio -- like I told Bill the other day, the radio in my car is a County radio, okay? It does belong to the County. COMMISSIONER WILLIAMS: I spoke to Constable 94 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 Williams about this, and I checked the Auditor's office. It is our radio. It is 10 years old. And if it's malfunctioning, it doesn't seem to me to be too prudent to spend 250 or so dollars to fix a 10-year-old radio. That's if you can get parts for it. So, I would suggest that we approve the request. And there's a couple places we could get the $938; either out of Capital Outlay under Commissioners Court, or under Contingency fund. I would move approval of the radio for Constable Williams to replace the one he has. COMMISSIONER LET2: Have you checked either -- have you checked with the Sheriff's Department or the Highway Department to see if they have any surplus that are coming up out of some of their vehicles? Isn't that -- I believe that's where we get a lot of our -- MR. WILLIAMS: I've gone there when I first took this job. I went went through surplus, Road and Bridge. Lasted about a month. Fortunately, there was some money in that budget at that time which was able to purchase this radio. So, you know, if it's something that's, you know, fairly new, i wouldn't have a problem with it, but if it's something that's going to be used, we start running into repairing it again or doing something with it. At least this thing's got some type of warranty with it. This is not including extended warranty. You can get a 5-year extended 95 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 warranty for whatever it is, but I think it's like a year on this now, so -- if anything's going to happen with this, it's going to happen within that year. COMMISSIONER BALDWIN: Where do you recommend that we get the -- which line item do we get the money? COMMISSIONER WILLIAMS: Well, I'm open to suggestions. I said two potentials there; Capital Outlay under Commissioners Court or funds available under Contingency under Commissioner Court, either one. JUDGE HENNEKE: This is probably more in the neighborhood of a capital -- COMMI3SIONER WILLIAM3: That's what I thought. Under Capital Outlay. COMMISSIONER BALDWIN: Well -- JUDGE HENNEKE: I think it's a County-owned piece of equipment. COMMISSIONER BALDWIN: Under the Commissioners Court Capital Outlay, have we bought everything that we told the taxpaying public that we're going to buy? MS. SOVIL: It's not ours. It's money that Tommy put in there to buy printers, et cetera, that went out. We didn't have any capital outlays for last year. COMMISSIONER BALDWIN: Okay. COMMISSIONER LET2: That would qualify for this. COMMISSIONER BALDWIN: Well, I mean, have the 96 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 printers been bought, though? Has everything been bought? MS. SOVIL: Well, no, because you don't know when one's going to go down. It's in case something goes down. COMMISSIONER BALDWIN: Oh, it's not a specific -- MS. SOVIL: Right. This is for replacement of broken equipment during the year. COMMISSIONER BALDWIN: Replacement of broken equipment. COMMISSIONER LETZ: I don't have any problem with it coming out of Capital Outlay. I'll second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Letz, that we approve the purchase of the new radio for the vehicle for Constable Williams, and the funds to come from Commissioners Court Capital Outlay. Any further discussion? COMMISSIONER BALDWIN: Yeah. Is it $938? MR. WILLIAMS: That's for the radio. I don't know if that includes tax or not, but that's not a problem. COMMISSIONER WILLIAMS: We don't pay tax. MR. WILLIAMS: Exactly. COMMISSIONER WILLIAMS: How about installation? MR. WILLIAMS: That's my deal; I do that myself. COMMISSIONER WILLIAMS: You do that? MR. WILLIAMS: I do all my own equipment. JUDGE HENNEKE: I guess the old radio will be 97 .-. 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 turned into the Sheriff's Department. COMMISSIONER WILLIAMS: I'll bring it up here to your Auditor. JUDGE HENNEKE: We have to dispose of it in accordance with the procedures. It's been moved and seconded. 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. WILLIAMS: Thank you. Appreciate it, gentlemen. JUDGE HENNEKE: At this time, we will stand in recess until 10:30, when we will take up the Vista Hills issue from Commissioner Baldwin. Thank you. (Recess taken from 9:55 a.m. to 10:30 a.m.) JUDGE HENNEKE: It fs 10:30 on Monday, June 14th, and we will call this regular session of the Kerr County Commissioners Court back into -- into session. The item we have before us is Item No. 3, which is consider and discuss the abandonment of Vista Hills Drive in Vista Hills Subdivision. Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. Thank you very much. As the Judge said, we're talking about here abandoning 98 L_ 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 a County road and letting it go back to the private owner at the request of Dr. Barney Williams. In your packet you have a letter from him, the letter of request, as well as a map of the subdivision, which there are, I think, 21 lots and three owners, and you see also in your packet the signature of the three owners. That includes the entire subdivision, their request to abandon that particular road in there. Dr. Williams is here with us, and I would ask him at this time if he'd like to say a few words, and then I want to ask the County Engineer his opinion on it. Dr. Williams? Please come to the podium. DR. WILLIAMS: I think everything's been outlined in my letter as for the reasons; security of the water system, the security for the landowners, and to help prevent dumping in that area, which has been a problem over the past few years. COMMISSIONER BALDWIN: Okay. Thank you, sir. Mr. Engineer? What is your opinion of this? MR. JOHNSTON: Well, we have, I think, 100 percent agreement with all the property owners. I don't have any objection to it. COMMI3SIONER BALDWIN: Judge, I make a motion that we abandon Vista Hills Drive as a County road; that it goes back to the private property owners. COMMISSIONER WILLIAMS: Second. 99 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: It's been moved by Commissioner Baldwin, seconded by Commissioner Williams, that we approve the abandonment of Vista Hills Drive. Let me just ask a couple technical questions. Is there an owners' association? DR. WILLIAMS: There's an architectural committee of myself and two others until 75 percent of the owners -- I mean 75 percent of the lots are sold. Then there's an owners' organization. I amended the -- I amended the restrictions, the last page. These are restrictions in brief. JUDGE HENNEKE: The question I have, Dr. Williams, is to whom would we deed the road? COMMISSIONER WILLIAMS: I guess to Vista Hills Subdivision. JUDGE HENNEKE: Well, that's not a legal entity. DR. WILLIAMS: That's not a legal entity? JUDGE HENNEKE: We need a homeowners' association or individuals, or we need some -- DR. WILLIAMS: The structure -- the structure of the homeowners' association is outlined in the restrictions; not these, but in the detailed restrictions. I guess you could deed it to the homeowners' association of Vista Hills. JUDGE HENNEKE: If -- DR. WILLIAMS: But the architectural committee is in that capacity until 75 percent of the property is sold. 50 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 JUDGE HENNEKE: Well, the point I'm making is -- we haven't voted on it. I think it's fairly obvious we're going to do this, but we need to know who to transfer title to, and that's to be a legally existing entity. If the owners' association isn't formed, we can't deed it to your owners' association. DR. WILLIAM3: I see. Well, the architecture -- JUDGE HENNEKE: If we deed it to the owners of the lots, they in turn could deed it to the owners' association at such time as they wanted to get formed. But, for us to give up the title to the road and the maintenance, we have to give it to somebody. DR. WILLIAM3: Can you give to it an individual? JUDGE HENNEKE: No, not unless he was acting under power of attorney for all the homeowners. I mean, this is going to have to go back to all of the owners in some form, either to an owners' association that represents all of them, or to all of the owners, jointly and severally. And we've only got three sets of owners, so it wouldn't be all that difficult. But we can't just give it to you or Mr. Hinkle or anyone like that. It's going to have to be to the people -- to some mechanism where everybody shares in it. COMMISSIONER WILLIAMS: Can I ask a question? Dr. Williams, has the homeowners' association filed Articles of Incorporation with the State of Texas -- 51 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 DR. WILLIAMS: No. COMMISSIONER WILLIAMS: -- so it is a legal entity? DR. WILLIAMS: No. There is no -- there is no owners' association until 75 percent of the property is sold, and theft it's to be organized. The control of the -- the restrictions right now is in the hands of the architectural committee, which is myself, my son-in-law, and my daughter. Myself and two appointed people. And that's in the restrictions that are registered here, the architectural committee organization. I don't know if that's a legal entity or not. COMMISSIONER LETZ: It would -- by looking at where the ownership is, I mean, I would think it would make sense, because the only person that uses the road is yourself. I mean, the two other landowners don't use that, or do they? I mean, it doesn't appear that they use that -- DR. WILLIAMS: No. COMMISSIONER LETZ: -- road. They have other access. JUDGE HENNEKE: They have an ownership in the well, though, correct? DR. WILLIAMS: Yes. JUDGE HENNEKE: So they have to be able to have access to the well. COMMISSIONER LETZ: To the well. 52 .^-~ 1 Z 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: So, it sounds to me like what we're going to have to do is to deed it to the named owners in the subdivision -- DR. WILLIAMS: At this time? JUDGE HENNEKE: -- with -- yes. Proportionally, according to their ownership. And then, at such time as your owners' association comes into being, then all those owners would just deed their interest to the owners' association. That may be done in the same instrument, but we have to give it to somebody. I think it also needs to be clearly understood that if, in the future, the owners out there would ever change their mind and want this to be a County road again, they'd have to come in and apply; it would have to be brought up to County standards and the Court will have to accept it at that time. Once we give it away, we don't have anything do with it any more. DR. WILLIAM3: Okay. Well, I hope to put a gate up there and have it a gated community, so hopefully it will stay in the hands of the owners forever. That will be fine, if you can deed it to the three property owners on record. 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.) 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 JUDGE HENNEKE: Motion carries. Yes? MS. SOVIL: You need to decide who's going to prepare the deed. JUDGE HENNEKE: Barney, you need to get someone to prepare the deed and bring it in to Franklin for him to look at and review. DR. WILLIAMS: Bring it to who? JUDGE HENNEKE: Bring it to Mr. forward it to me; we can look at it. I'm the motion that we just passed includes t County Judge to sign the deed. COMMISSIONER BALDWIN: Well, it COMMIS3IONER WILLIAMS: It did. did. Johnson. He can going to presume ~e ability of the did. Absolutely, it JUDGE HENNEKE: One other item I'd like to regress to, if I can. Mr. Eddie Taylor has given us a form asking to address us on an item not on the agenda. Since we have completed the agenda, I think I'd like to offer him this opportunity for Mr. Taylor to come forward and tell us what's on his mind, without any objection. Mr. Taylor, come forward, sir. MR. TAYLOR: Thank you very much. Thank you, Judge, Commissioners. I wrote the Judge a few days ago, about the 15th, the 17th of March -- May, asking for the results of the election in Center Point on May 1, 1999, that 59 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 has been certified by the Center Point Commissioners. I would appreciate the tabulation of the election being made a County record. The Judge informed me that y'all could take no action to separate the town or admit us back into our separation or anything like that, and I understand that. But I still feel that the vote that went down should be entered in the record for a paper trail, which was about 138 to 97 against -- for it and against. Henceforth, once our court action has been fulfilled, then we will have a count on this vote that went down. In years past -- and I'm going to go back 85 or 90 years -- there's never been anything on our incorporations entered in the court minutes; you can't find it in there anywhere. Therefore, that's the reason I asked for this number to be entered, regardless of what the court outcome is. You know, food for thought. I'd like for y'all to think about what would happen in Year 2000; we have a presidential election, and word -- and a person comes up and calls that presidential election to a halt until the little court items are settled. I appreciate y'all listening to me this morning. Thank you. JUDGE HENNEKE: Thank you, Mr. Taylor. We appreciate your time, as always. COMMISSIONER BALDWIN: How do they -- you know, when we have elections here in the County, this body here 55 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 canvasses the votes. What happens in Center Point? JUDGE HENNEKE: Well, what happens in Center Point is -- what has happened is the Commissioners canvassed the votes. Hut the law requires that on the -- on a vote to disincorporate, that the mayor of the city to be disincorporated formally present the results of the vote to the Commissioners Court, and then the Commissioners Court enters that tabulation in the minutes of the court, and at that time the disincorporation is effective. In this instance, as Eddie pointed out, Mayor Shults is prohibited by an in3unction from taking any action to complete the process of disincorporation, and until that court case has been resolved, she's not able to come to us to put herself on the agenda and make a report. MR. TAYLOR: May I add something to that, sir? JUDGE HENNEKE: Certainly. MR. TAYLOR: I didn't realize I needed to get y'all in a discussion, but I call your attention to the fact -- I agree with you, and I think you're right. You have to have it before the Commissioners Court to be fair. But our County -- our former Judge did not even bother to ask -- he merely stated "elect replacement Commissioners." But if they say there's not an order that it was disincorporated in 1980 -- excuse me, in 1913, why did he even bother to call that? Why didn't he call the order that was before the court then, that 56 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 Judge Wallace put out calling for election on August llth7 JUDGE HENNEKE: We have no idea; we weren't here at the time. MR. TAYLOR: Thank you. JUDGE HENNEKE: You're welcome. If there's no other business to come before the Court, at this time we stand adjourned. COMMISSIONER HALDWIN: Hear, hear. (Discussion off the record.) (Commissioners Court adjourned at 10:92 a.m.) 57 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 STATE OF TEXAS I COUNTY OF KERB I The above and foregoing is a true and correct transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, taken at the time and place heretofore set forth. DATED at Kerrville, Texas, this 15th day of June, 1999. JANNETT PIEPER, Kerr County Clerk BY : 9~y.:~~-1 l~~c~c~l Kathy B ik, Deputy County Clerk Certified Shorthand Reporter ORDER N0. X5878 CLAIMS AND RCCOUNTS On this the 14th day of June 1999, came to be considered by the Coi_ir•t the various r_laims and acco~_ints against f'~er•r- Co~_inty and the var•io~_is Commissioners' precincts, which said Claims and Acco~_ints ar•e 10-General F~_md fur $107,559.81; 11-Jury Fund for• $.'x55.95; 13-Road R 8r•idge Rdd' 1 Registration Fee F~_ind for $6,37C.:;9; 14-Fire F'r•otection Fi_ind for $6,:~5~.00; 15-Road R Rr•idge Fund for• $5N, 387.8 ; 18-County Law Libr•ar•y Fi.ind for $5,88.85; 19-Public Library F~_md for $c6,80c.16; c3-J~_ivenile State Rid F~_ind for• $4,064.60; ^c4-Traffic Safety F~_ind far $~5. 18; c'7-,7iavenile Intensive F'r•ogr•am-State Aid Fund for $655.84; 70-F'er•manent Improvement F~.ind for $66,~64.0~; 76-J~.ivenile Detention Facility Fund for• $'~~ 6. E1; 81-District Rdmi.nistr•ation F~_ind far• $1,4c8.8c; 83-State F~.inded-c 16th Di<.;tr•ict Attorney far• $1,481.1; 86-State F~_inded--c_i6th District Probation for• $7,544.00; and 87-State Funded-Comm~_mity Cor•rectians F~_md for• $3, 851.7. (TOTAL ALL FUNDS-$88,921. 86) Upan motion made by Commissioner Williams, seconded by Commissioner Let z, the Coiar•t approved by a vote of ~-1-0, payment of said Claims and Acca~_ints with Commissi.oner• Baldwin voting against. ORDER NO. X50'79 BUDGET RMENDMENT 16TH DISTRICT COURT On this the 14th day of June 1999, upon motion made by Commissioner^ Let z, seconded by Commissioner Baldwin, the Coiar•t unanimously approved by a vote of 3-@-@, tr^ansfer-ring ~3@. 5@ from Line Item No. 1@-435-499 Miscellaneous to Line Item No. 1@-435-315 Rooks--publications-Dues. ORDER NQ. ~588~ BUDGET RMENDMENT COUNTY AUDITOR On this the 14th day of J~_ine 1999, ~_ipon motion made by Commissioner Williams, seconded by Commissioner- Letz, the Court unanimously approved by a vote of ?~-0-0, transferring 5158.59 fr^om Line Item No. 10-495-21E Employee Training to Line Item Na. 1~-495-485 Conferences. ORDER N0. 25881 RIJDGET RMENDMENT COURTHOUSE AND RELATED PUILDINGS On this the 14th day of J~_ine 1999, i_~pon motion made by Commissioner Paldwin, seconded by Commissioner Williams, the Co~ar^t ~tryanimously approved by a vote of 3-0-0, tr-ansfer•r•ing 51,200.00 from Line Item No. 10-510-001 Travel, 5600.00 to Line Item No. 10-510-454 Vehicle Maintenance, and 5600.00 to Line Item No. 10-510-420 Telephone. ORDER hJO. ~58FS^c RUD6ET RMENDMENT JUSTICE OF THE F'ERCE, F'CT. # 1 On this the 14th day of June 1959, ~_ipon motion made 6y Commissioner Let z, seconded by Commissioner' Baldwin, the Co~_ir-t unanimously approved 6y a vote of 3-0-0, transferring S4E.a~ from Line Item No. 10-455-10© Fart-Time Salary to Line Item No. 10-455-4.°i7 Maintenance Contracts (to cover c~_~r•rent shortage on invoice for' M.R. on ey~_iipment and to cover next q~aar•ter•"s payment), and tr•ansfer•ring ~10~.~b0 from Line Item No. iS-455-311 Photocopy Supplies to Line Item No. 10-455-31Q~ Office S~_ipplies. ORDER NO. ~:S8L~3 BUDGET AMENDMENT RECORDS MANAGEMENTS On this the 14th day of J~_ine 1999, ~.ipon motion made by Commissioner- Let z, seconded by Commissioner^ Baldwin, the Court unanimously appr^oved by a vote of ,'~-0-0, tr^ansferr^ing 8500.00 from Line Item No. 10-404-570 Capital O~_itlay to Line Ttem No. 10-40:,-31c Dockets and Forms. i-^. ORDER N0. ~:~BL•l5 RE'P'ROVE RND RCCEF'T MONTHLY REPORTS On this the 14th day of June 1999, came to be considered by the Co~.ir•t the var•io~.is monthly r^epor^ts of F'.er^r^ Co~.inty and F'recinet Dfficials for• Ker•r• County. Upon motion made by Commissioner- Williams, seconded by Commissioner- Baldwin, the Co~.ir^t unanimously approved by a vote of .',-Q-O, that said r•epor^ts be accepted and filed with the County Cler^k for^ future ai_idit: Ji_istice of the F'eace/F'ct.#c-Dawn Wright Monthly Report for• month ending May 1999 J~.istice of the Peace/Pct.#3-Robert L. Tench Monthly Report for- month ending May 1999 Justice of the F'eace/F'ct.#4-William E. Ragsdale Monthly Repor^t for^ month ending May 1999 FCer•r• Co~.tnty Sher^i.ff's Depar^tment-Frances R. Kaiser Civil Repor^t for^ month of May 1999 J~.tstice of the F'eace/F'ct.#1-Vance R. Elliott Monthly Report for^ month ending May 1999 llistr^ict Clerk-Linda Uecker Monthly Report for month ending May 1999 F