1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, February 28, 2000 11 6:30 p.m. 12 Commissioners Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 LARRY GRIFFIN, Commissioner Pct. 4 2 1 I N D E X 2 February 28, 2000 PAGE 3 -- Visitors' Input 3 4 -- Commissioners' Comments 4 1.1 Pay Bills 6 5 1.2 Budget Amendments 7 1.3 Late Bills 19 6 1.4 Read and Approve Monthly Reports 20 7 2.1 Burn Ban 20 8 2.4 Request from VFD's to reconsider contracts 34 2.5 Discuss modified VFD contract form 34 9 2.2 Annual Report - Historical Commission 39 10 2.3 Information Report - 4-H Gun Program 45 11 2.15 Approve "Order of the Kerr County Commissioners 12 Court Adopting the Regulations for Sexually- Oriented Businesses in the Unincorporated 13 Area of Kerr County, Texas," and set public hearing 51 14 2.7 Status of investments pursuant to Texas Probate 15 Code, Section 887(b) 57 16 2.8 Release Irrevocable Letter of Credit No. 99-030 58 17 2.9 Concept plan, Tract 204, Turtle Creek Ranches 59 18 2.10 Final replat, Lot 4, Sheppard Hills 61 19 2.11 Monthly obligation for existing and added luminaries at Center Point River Park 62 20 2.12 Opposing prosed change in use of pipeline owned 21 by Longhorn Pipeline, Inc. 66 22 2.13 Selection of 2000 Census Redistricting provider 73 23 2.14 Proposed settlement of litigation 76 24 2.6 List of surplus property to be sold 3-11-00 81 25 -- Adjourned 83 3 1 On Monday, February 28, 2000, at 6:30 p.m., a Special 2 Session of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good evening, everyone. It's 8 6:30 on Monday, February 28th, Year 2000, and I will call to 9 order this special session of the Kerr County Commissioners 10 Court. And, thank you all for coming out this evening. We 11 hope that your participation -- we know that your 12 participation in your County government will enhance all of 13 our ability to do what is right for all the citizens of Kerr 14 County. Commissioner Griffin, I believe you have the honors 15 this evening. 16 COMMISSIONER GRIFFIN: Yes. 17 (Prayer and pledge of allegiance.) 18 JUDGE HENNEKE: Thank you. At this time, any 19 citizen wishing to address the Court on an item not on the 20 regular agenda may come forward and do so. Is there anyone 21 who wishes to address the Court on an item not on the 22 regular agenda? Mr. Van Bavel? 23 MR. VAN BAVEL: Good evening. Your Honor and 24 members of the Court, my name is Cornelius Van Bavel. I'm 25 here to represent the Headwaters Underground Water 4 1 Conservation District on a matter about which the District 2 has directed a letter to the Environmental Protection 3 Agency. The matter is the proposed change in the use of a 4 pipeline, the Longhorn -- 5 JUDGE HENNEKE: Mr. Van Bavel, pardon me for 6 interrupting you, but that's on the agenda. 7 MR. VAN BAVEL: I couldn't find it, and I beg 8 your pardon. 9 JUDGE HENNEKE: It's Item Number 12. 10 MR. VAN BAVEL: I came in, I looked at the 11 list and didn't see it. I'll wait my turn. 12 JUDGE HENNEKE: Thank you. Is there anyone 13 else who'd like to address the Court on an item which is not 14 on the regular agenda? All right. Seeing none, we'll turn 15 to the Commissioners' Comments. We'll start with 16 Commissioner Griffin tonight, since he led us earlier. 17 COMMISSIONER GRIFFIN: Yes. No comments. 18 COMMISSIONER BALDWIN: I have no comments, 19 sir. 20 COMMISSIONER WILLIAMS: Believe it or not, 21 neither do I. 22 COMMISSIONER LETZ: I didn't have any, but I 23 do have one now. I'll introduce -- even though I can't talk 24 hardly tonight, let me introduce my wife-to-be who just came 25 in, Karen. 5 1 (Applause.) 2 (Discussion off the record.) 3 JUDGE HENNEKE: I just have a couple things 4 tonight. First of all, this is a -- represents a check in 5 the amount of -- upside down -- $9,273, which is the amount 6 that the employees of Kerr County earned for the County by 7 participating successfully in a safety program in the past 8 year. And, this amount has been taken off of our insurance 9 premium and, as a result, has been returned to the County by 10 the -- your County employees, and we want to thank them for 11 their participation. We want to thank the heads of the 12 departments, Sheriff Hicks, County Clerk, Jannett Pieper, 13 and all the department heads and elected officials for their 14 participation in the program. It's an example of how we all 15 can work together in order to save dollars for the taxpayers 16 here in Kerr County. 17 Second item I'd like to bring up is the 18 election which is under way. Early voting began today at 19 the Municipal Auditorium. Jannett, what kind of a day did 20 we have today? 21 MS. PIEPER: We had a very good turnout. We 22 had 442 voters. 23 JUDGE HENNEKE: Excellent. I'll remind 24 everyone to get out and vote. There was a voter's guide 25 published in the Kerrville Daily Times last Sunday. I'm 6 1 sure that extra copies of that will be available if you 2 didn't get one for any reason. Please take the time to 3 study those and to make an informed choice as to who your 4 elected officials will be in the coming year. To those 5 individuals who have offered themselves for election, I want 6 to give my heartiest congratulations to you. It's not an 7 easy process to go before your neighbors and friends and 8 peers and offer yourself of service to them, and I want to 9 thank each and every one of the many individuals in Kerr 10 County who are standing for election for their willingness 11 to serve and their ability to -- to enhance our opportunity 12 to bring good government to the local level here in Kerr 13 County. 14 With that in mind, we'll move directly into 15 the approval agenda. We have some bills to pay. 16 Mr. Auditor? Does anyone have any questions or comments 17 regarding the bills? 18 COMMISSIONER LETZ: Move we pay the bills. 19 COMMISSIONER GRIFFIN: Yeah, hang on -- well, 20 I'll second, but I just have a question. 21 JUDGE HENNEKE: Moved by Commissioner Letz, 22 seconded by Commissioner Griffin, that we approve the 23 request for payment as recommended by the Auditor. Is there 24 any further discussion? Commissioner Griffin? 25 COMMISSIONER GRIFFIN: Over on Page 18, where 7 1 we have reimbursement for telephone expense to the Gillespie 2 County Treasurer, what is the fund flow there? I'm sure 3 it's easily explained, but -- 4 MR. TOMLINSON: That's -- that's for the -- 5 the Adult Probation Department. That's their phone bill for 6 that location. 7 COMMISSIONER GRIFFIN: Okay. And that's the 8 way we normally do that, is we -- we reimburse the Gillespie 9 County for that? That's the way -- 10 MR. TOMLINSON: These are -- these are 11 actually State funds. 12 COMMISSIONER GRIFFIN: Okay. It just 13 comes -- passes through our budget? 14 MR. TOMLINSON: Well, actually, it's not 15 through our budget. It's -- it's through the Adult 16 Probation's budget. 17 COMMISSIONER GRIFFIN: Oh, okay. Yes, good. 18 JUDGE HENNEKE: Are there any other questions 19 or comments? If not, all in favor, raise your right hand. 20 (The motion was carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. It appears 24 that we have a couple of budget amendments. Amendment 25 Number 1 relates to Commissioners Court notices. 8 1 MR. TOMLINSON: Right. We budgeted $1,500 2 for notices for this fiscal year. I have a current bill for 3 $126.73, with $88.70 remaining in the budget. So, I 4 didn't -- I approached the Court to know if you wanted to do 5 one bill at a time as they come in, or do we want to 6 estimate a number for the remainder of the year. 7 COMMISSIONER GRIFFIN: Estimate a number for 8 the rest of the year. 9 COMMISSIONER LETZ: I agree. 10 JUDGE HENNEKE: Do you have an estimate, 11 Tommy? 12 MR. TOMLINSON: I think probably another $600 13 is probably good for -- for the rest of the year. 14 JUDGE HENNEKE: Take it out of Contingency? 15 MR. TOMLINSON: I think we -- yeah, from 16 Contingency. 17 COMMISSIONER GRIFFIN: So, that would make it 18 $688.70? 19 MR. TOMLINSON: Yes. 20 COMMISSIONER GRIFFIN: So moved. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE HENNEKE: Moved by Commissioner 23 Griffin, seconded by Commissioner Williams, that we take 24 $688.70 out of Contingency and place it in the Notices line 25 item in the Commissioners Court budget. Any further 9 1 discussion? If not, all in favor, raise your right hand. 2 (The motion was carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Amendment 6 Number 2 relates to County Clerk's office. 7 MR. TOMLINSON: Okay. This is a request from 8 the County Clerk to transfer $298 from the Rental line item 9 in the Voting Department to Election Supplies. This is for 10 the purchase of some -- some ballots for -- mail-out 11 ballots, I believe it is. 12 COMMISSIONER BALDWIN: So moved. 13 COMMISSIONER LETZ: Second. 14 JUDGE HENNEKE: Moved by Commissioner 15 Baldwin, seconded by Commissioner Letz, that we approve 16 Budget Amendment Number 2 relating to the County Clerk's 17 office. Any further discussion? If not, all in favor, 18 raise your right hand. 19 (The motion was carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Any more? 23 MR. TOMLINSON: That's all I have. I have 24 some late bills. 25 JUDGE HENNEKE: All right. 10 1 MR. TOMLINSON: The first one is for $896.80. 2 It's payable to Linda Uecker, the District Clerk, and it's 3 to reimburse her Registry Fund for -- for the purpose of -- 4 of a subpoena of a witness out of state. I have an order -- 5 a court order by -- 6 COMMISSIONER GRIFFIN: So moved. 7 MR. TOMLINSON: -- the 198th District Judge. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Griffin, seconded by Commissioner Williams, that we approve 11 a late bill in favor of Linda Uecker for reimbursement of 12 subpoena costs. Any further discussion? If not, all in 13 favor, raise your right hand. 14 (The motion was carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. 18 MR. TOMLINSON: I have several more. They're 19 all related to the Hernandez trial that was -- that was in 20 Bandera County last month -- or this month. It's for the 21 purpose of bailiffs, and we -- Kerr County had to furnish 22 their own bailiffs, so the Sheriff opted to use off-duty 23 deputies for this purpose. And, so, rather than wait until 24 the next Court meeting, opted to bring it to pay today. The 25 first one is to Stan Farmer for $150. One for Sherry James 11 1 for $225. Another one is for Mark Bartell for $135. One 2 for Guy Penick for $210. One for -- to Pat Goldthorn for 3 $180. Jeff Bowman for $112.50. Jeff McCoy for $225. Scott 4 Prout for $262.50. Roy Green for $450. And, Bob Zumwalt 5 for $150. And, then George McHorse for $100.42. 6 JUDGE HENNEKE: Do you have a total for 7 those? 8 MR. TOMLINSON: No, I don't. They're just -- 9 they're individual. 10 COMMISSIONER LETZ: Where's the money -- is 11 there money in the budget for that? 12 MR. TOMLINSON: It comes out of Special 13 Trials. We're trying to keep capital murder cases, all the 14 fees -- all the costs for those in one line item for the 15 purpose of -- of maybe attempting to recoup that money from 16 the State next year, after this fiscal year's over. 17 COMMISSIONER GRIFFIN: Move we pay the bill. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE HENNEKE: Moved by Commissioner 20 Griffin, seconded by Commissioner Baldwin, that we approve 21 late bills for payment of additional security for the 22 Hernandez trial. Any further discussion? If not, all in 23 favor, raise your right hand. 24 (The motion was carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 12 1 (No response.) 2 JUDGE HENNEKE: Motion carries. 3 MR. TOMLINSON: Okay. Now I have an 4 accumulation of bills relating to jail repairs. We -- we 5 visited this subject at the last Court meeting. We now have 6 bills totaling $4,537.88 that we need to make an amendment 7 for. As -- as I stated last time, I think that -- that we 8 probably need to just increase the budget by -- by this 9 amount, because I -- I've been through the jail budget and 10 the Sheriff's budget. I just don't see a place that I would 11 feel good about taking money from at this early stage of the 12 year. 13 COMMISSIONER WILLIAMS: These relate to jail 14 maintenance? 15 MR. TOMLINSON: Yes. 16 COMMISSIONER LETZ: What are they relating to 17 and why, again, are we so high over budget in the jail? 18 MR. TOMLINSON: The one from Benno's Electric 19 is for $1,173.20. And, I have -- I think it's three bills 20 from Simplex Time Recorder, one for $659.34 -- I have two 21 for that same amount. And, then I have -- there's one from 22 Kerr County Welding for $75. Compton's of Kerrville for 23 $1,600. H2O Specialists, which is a plumber, is $131, and 24 for Starkey Pest Control for $240. 25 COMMISSIONER LETZ: Are all those under 13 1 people that we have contracts with, if we do that type of 2 work? Or are they just -- 3 MR. TOMLINSON: I don't know if we have one 4 for Benno's Electric or not. We do with Compton's. 5 COMMISSIONER LETZ: I believe I'll ask Glenn 6 directly. Glenn, I mean, is all this related to the -- the 7 fire alarms and all that problem, or are these other 8 problems? 9 MR. HOLEKAMP: The Simplex bills are for the 10 fire alarm system problems with -- as I explained last time, 11 some -- some tampering from -- from the inmate side, and we 12 just found out today there are some things that we can do to 13 still comply with the law to shield those smoke alarms from 14 the population of being able to spray water in them. The 15 problem is -- is you don't notice it -- you don't -- you 16 can't tell that it's been done until three or four weeks 17 later, when corrosion sets in on those -- in those smoke 18 alarms. And once they're corroded, they cannot be cleaned. 19 They cannot be done anything but thrown away, which creates 20 a -- $600 for two of them. And, there's 242 in the jail of 21 those things. 22 COMMISSIONER WILLIAMS: I'm unclear about 23 this. 24 MR. HOLEKAMP: Yes, sir? 25 COMMISSIONER WILLIAMS: Last time you were 14 1 relating the fact that you had a tremendous overexpenditure 2 that related to this particular problem of fire alarms. 3 MR. HOLEKAMP: Yes. 4 COMMISSIONER WILLIAMS: And the vandalism of 5 those. 6 MR. HOLEKAMP: That is correct. 7 COMMISSIONER WILLIAMS: So, what I'm hearing 8 tonight, then, are expenditures in the routine course of 9 maintenance for the jail, for which you have no funds 10 because you expended a lot of money on the fire alarm 11 problems; is that correct? 12 MR. HOLEKAMP: Yes, sir. In addition, there 13 was the Simplex bills that he reflected, the $600 twice, 14 wasn't it? 15 MR. TOMLINSON: Right. 16 MR. HOLEKAMP: That is still from that very 17 thing that I explained. We're trying to remedy the problem, 18 and it's going to be awhile before we really know exactly 19 how much the expenditures are going to be to get them all 20 straightened up. But, the others are in the course of doing 21 business, yes, sir. 22 COMMISSIONER WILLIAMS: Which prompts me to 23 ask another question. Are we going to expect an over -- an 24 overrun of expenses over this particular line item every 25 month now till the end of the budget? Is that correct? 15 1 MR. HOLEKAMP: Yes, sir. 2 COMMISSIONER WILLIAMS: In varying amounts? 3 MR. HOLEKAMP: Yes, sir. 4 COMMISSIONER LETZ: I guess a related 5 question. Are the -- I know you had Benno's, H2O 6 Specialists, several local contractors for -- 7 MR. HOLEKAMP: Yes, sir. 8 COMMISSIONER LETZ: Have you thought about 9 bidding a lot of this work so we get a set hourly rate from 10 these people? 11 MR. HOLEKAMP: I would love to do it. The 12 only drawback -- the only drawback, and I wish we could, is 13 that when -- when something goes wrong, if you can't get one 14 of them to show up, what are you going to do? I mean, on a 15 24-hour basis, we have to have response when we got water 16 flying everywhere, or whatever the case may be. 17 COMMISSIONER LETZ: But still, I mean, seems 18 to me that most of them -- several -- there's a number of 19 electric companies that have 24-hour response. Benno's -- 20 MR. HOLEKAMP: Oh, I would encourage the 21 Court to -- to authorize me to go out and do that, yes. I 22 would be tickled to death to try to get some firm contracts, 23 whether it be air-conditioning, electrical, or plumbing. 24 COMMISSIONER LETZ: Plumbing -- 25 MR. HOLEKAMP: Those are the three big items 16 1 that need to be done. 2 COMMISSIONER GRIFFIN: I think it would be a 3 good idea. Maybe we can specify in the R.F.P. or the 4 request for bid, whatever, that -- what the response time 5 is, and -- and -- 6 MR. HOLEKAMP: Absolutely. 7 COMMISSIONER GRIFFIN: -- cover what the 8 response time is and the number of hours per day, like 24 -- 9 24-hour response time. 10 COMMISSIONER LETZ: Hourly rate, plus a 11 cost-plus on materials. And, I mean, I think we probably 12 would have some savings. 13 MR. HOLEKAMP: I think that would be a good 14 idea. 15 COMMISSIONER BALDWIN: My only question -- 16 excuse me. 17 COMMISSIONER LETZ: Go ahead. 18 COMMISSIONER BALDWIN: My only question is, 19 is the County Auditor recommending that we declare an 20 emergency? 21 MR. TOMLINSON: Yes. 22 COMMISSIONER BALDWIN: And move $4,500 out of 23 reserves into this line. That's my only question. And he 24 says yes. 25 COMMISSIONER LETZ: That's a one-month fix. 17 1 COMMISSIONER BALDWIN: Mm-hmm. 2 MR. HOLEKAMP: Yes. 3 MR. TOMLINSON: Yes. 4 MR. HOLEKAMP: Till the next bill period. 5 COMMISSIONER LETZ: A two-week fix. 6 MR. HOLEKAMP: Two-week fix. 7 JUDGE HENNEKE: I think -- well, certainly, I 8 think we'll address that tonight, but I would like to 9 request that Glenn take a look at this and see if he can't 10 get us a -- a number that we can move without doing this 11 every month. 12 COMMISSIONER BALDWIN: I agree. 13 MR. HOLEKAMP: I might just mention, I know 14 the Sheriff is here this evening. When we developed the 15 budget back in July and August, I don't know if any of us 16 envisioned 160-plus prisoners in there, either, at that 17 time. And I think it's running over 160; is that correct? 18 SHERIFF HICKS: Yeah. 19 MR. HOLEKAMP: So, the jail is -- is taking a 20 little bit more wear and tear than it would under the 21 circumstances prior to this. And that's not an excuse. 22 COMMISSIONER GRIFFIN: Yeah. 23 COMMISSIONER LETZ: But the revenue side is 24 kicked up substantially, too, to offset the -- 25 MR. HOLEKAMP: I would hope so. 18 1 COMMISSIONER LETZ: Hopefully it is. Well, I 2 don't have as much of a problem declaring an emergency. I 3 mean, if we take the revenue side into consideration as 4 well. 5 COMMISSIONER BALDWIN: Sure. 6 COMMISSIONER LETZ: I'll move we -- 7 COMMISSIONER BALDWIN: I can see that's an 8 emergency, yeah. 9 COMMISSIONER LETZ: I'll make a motion to 10 declare an emergency and move $4,500 into Maintenance budget 11 for the jail. 12 COMMISSIONER BALDWIN: 4,537 point -- 13 COMMISSIONER LETZ: Whatever the -- 14 COMMISSIONER GRIFFIN: $4,537.80. 15 COMMISSIONER BALDWIN: -- .80. 16 JUDGE HENNEKE: It's been moved -- 17 COMMISSIONER GRIFFIN: Second. 18 JUDGE HENNEKE: -- moved by Commissioner 19 Letz, seconded by Commissioner Griffin, that the Court 20 declare a budget emergency and increase the budget for the 21 jail by the sum total of $4,573.80. 22 COMMISSIONER BALDWIN: $4,537. 23 JUDGE HENNEKE: $4,537.80, okay. Any further 24 discussion? 25 COMMISSIONER GRIFFIN: With the proviso that 19 1 next time we're going to have a number that we might be able 2 to work with. 3 JUDGE HENNEKE: That's not part of the 4 motion. 5 COMMISSIONER GRIFFIN: No. No, I'm just 6 saying, just a -- 7 JUDGE HENNEKE: Understanding. 8 COMMISSIONER GRIFFIN: -- understanding. 9 JUDGE HENNEKE: Any further discussion? If 10 not, all in favor, raise your right hands. 11 (The motion was carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. 15 MR. TOMLINSON: I have one more. 16 JUDGE HENNEKE: All right. 17 MR. TOMLINSON: It's for the purchase of a 18 pickup for Animal Control. Apparently, the truck's here, 19 ready to be picked up, and it's payable to Crenwelge Motors 20 for $16,034.30. 21 COMMISSIONER WILLIAMS: Payable to who? 22 MR. TOMLINSON: Crenwelge. 23 COMMISSIONER WILLIAMS: Move we pay it. 24 COMMISSIONER LETZ: Second. 25 JUDGE HENNEKE: Moved by Commissioner 20 1 Williams, seconded by Commissioner Letz, that we approve a 2 late bill in the amount of $16,034 to Crenwelge Motors for 3 Animal Control pickup. 4 MR. TOMLINSON: Right. 5 JUDGE HENNEKE: Any further discussion? If 6 not, all in favor, raise your right hand. 7 (The motion was carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. At this 11 time, I would entertain a motion to approve and accept the 12 monthly reports. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER GRIFFIN: Second. 15 JUDGE HENNEKE: Moved by Commissioner 16 Baldwin, second by Commissioner Griffin, that we move -- 17 that we approve and accept the monthly reports. Any further 18 discussion? If not, all in favor, raise your right hand. 19 (The motion was carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. We'll now 23 turn to the consideration agenda, as posted. First item is 24 to consider and discuss reinstituting the burn ban in Kerr 25 County. Little bit of historical information. We've had a 21 1 burn ban off and on for most of this past year, and 2 certainly this year, which ban was lifted last Wednesday 3 afternoon, I believe. 4 COMMISSIONER LETZ: You left town. 5 JUDGE HENNEKE: That's right, I left town and 6 the burn ban got taken off. 7 COMMISSIONER BALDWIN: I left town with you 8 and the burn ban was taken off. 9 JUDGE HENNEKE: That's right. What's the 10 pleasure of the Court, as far as whether or not we need to 11 reinstitute a burn ban at this time? 12 COMMISSIONER WILLIAMS: A lot of volunteer 13 fire department folks out there. See what they have to say 14 about it. 15 JUDGE HENNEKE: If any of you people on the 16 front line would like to address us on this issue, come 17 forward. We could use some help. 18 MR. SULLIVAN: Mind if I address the Court? 19 JUDGE HENNEKE: Yes. 20 MR. SULLIVAN: My name's Marc Sullivan; I'm 21 the fire chief at Hunt, and we do have a lot of other 22 volunteer fire departments here. One of the biggest 23 problems we're getting with the burn ban is not the 24 notification that the burn ban has been lifted, but the 25 notification that the burn ban has been reinstated. 22 1 Sometimes it's two and three days before people realize that 2 the burn ban is back in effect, and they continue to burn. 3 I was on two calls a day, even though the burn ban has been 4 lifted, for control burns that had gotten out of control. 5 There's an additional problem with sometimes there may be a 6 quarter of an inch of rain in my district, which is the Hunt 7 area, and maybe an inch and a half in the Kerrville area, 8 which leads to a problem with the county-wide effect of a 9 burn ban or the lifting of a burn ban. 10 We would like to -- in the future, to maybe 11 sit down with the Commissioners Court and discuss how it 12 might be advisable to partition the burn ban to different 13 areas in the county, rather than doing a county-wide burn 14 ban. I know y'all have talked about this in the past and 15 have looked at it. It's a serious issue with us. In my 16 area, people have to take off work in order to go fight 17 these fires. We're more than willing to do it, but we'd 18 rather fight the fires that we need to fight rather than the 19 fires that are given to us. That's really all I have to say 20 about this. I have not discussed it with the other fire 21 chiefs, though we would like to sit down with you and 22 discuss this. One of the main issues that we would like to 23 make clear is the fact that we need to -- to concentrate on 24 allowing people to realize the burn ban has been back in 25 effect when they are put back in effect. Normally, it's a 23 1 word-of-mouth thing. They seem to figure out that the burn 2 ban's been lifted a lot faster than they learn that the burn 3 ban's back in effect. 4 JUDGE HENNEKE: Paul, before you sit down, I 5 mean -- 6 MR. SULLIVAN: I'm sorry. 7 JUDGE HENNEKE: Do we need to put one back on 8 tonight? What's your opinion as the head of the Hunt 9 Volunteer -- 10 MR. SULLIVAN: I can't speak for the other 11 fire departments. 12 JUDGE HENNEKE: We're not asking you to. 13 MR. SULLIVAN: Okay. In my area, I think we 14 can go a few more days. 15 JUDGE HENNEKE: We're talking, you know, 16 perhaps as much as three weeks, unless we have a special 17 meeting. 18 MR. SULLIVAN: We cannot go three weeks. 19 JUDGE HENNEKE: Or two weeks. Two weeks. 20 MR. SULLIVAN: Two weeks would be more than 21 too much. 22 COMMISSIONER LETZ: Unless it rains. 23 MR. SULLIVAN: Sir? 24 COMMISSIONER LETZ: Unless it rains. 25 MR. SULLIVAN: Unless it rains. We're 24 1 expecting rain this weekend, of course. Now, a lot of 2 people are doing a lot of good with the burn ban lifted 3 right now. I'm not trying to pull anybody's chain or 4 anything like that. I see a lot of good burning going on. 5 We all know that it helps with our insect control and our 6 weed control and other things. There is even times when 7 we're called in on a fire that we'll control the fire, but 8 we'll allow it to burn a little bit to go ahead and do what 9 the people had in mind in the first place. A burn's not a 10 bad thing. To answer your question, sir, if it's going to 11 be two more weeks before we put the burn ban back in effect, 12 I'd say let's put it back in effect tonight. 13 JUDGE HENNEKE: Okay, thank you. Anyone else 14 from our volunteer fire departments who would like to -- 15 COMMISSIONER WILLIAMS: There's some folks 16 from Elm Pass, and I thought I saw some from Center Point a 17 while ago, but Elm Pass is -- 18 MR. SMITH: If we get the promised showers, we 19 can probably go another week, but if we don't get the 20 showers, we need that burn ban back on. We're dry again out 21 on the south end. 22 JUDGE HENNEKE: Thank you. Center Point -- 23 MR. SMITH: We've had 18 fires this month. 24 COMMISSIONER WILLIAMS: How many, Danny? 25 MR. SMITH: Eighteen. And 16 of them were 25 1 grass fires. If the public would use common sense, I 2 wouldn't be against it, extending the burn ban, but they're 3 not. They get out there and the winds are blowing 15, 20 4 mile an hour or higher, like they've been doing, and they're 5 -- you know, they can't control them. And that's what we've 6 been running into. 7 JUDGE HENNEKE: Okay, thank you. 8 COMMISSIONER WILLIAMS: I move we 9 re-establish the burn ban, but I also want to talk about 10 something else at the proper time, and that's enforcement of 11 the burn ban once it's back on, Judge. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Williams, seconded by Commissioner Baldwin, that we 15 reinstitute the burn ban -- and I presume we're talking 16 about the prescribed burn version of that? Commissioner 17 Baldwin? 18 COMMISSIONER BALDWIN: Yes, it is. 19 JUDGE HENNEKE: Any further discussion? 20 COMMISSIONER LETZ: I just have a comment. 21 COMMISSIONER GRIFFIN: I do, too. 22 COMMISSIONER LETZ: One of the problems I 23 have with the burn ban is that we keep going back and forth, 24 and I think we're forcing people to burn as soon as it gets 25 lifted, when they shouldn't burn. I know Kendall County 26 1 announced that they were going to -- the burn ban was 2 lifted; it went off Sunday or today. And, if you went to 3 Comfort, half the people didn't get a fire started today 4 because the burn ban's going back in effect. You know, and 5 it was already predetermined. You know, I just think that 6 we're almost exasperated by the back and forth, back and 7 forth on this issue, because people need to do some burning, 8 and the conditions right now, while they're not great, if 9 the people use some common sense, they're not that bad right 10 now. Things are greening up. I just -- you know, think 11 we're just making it worse by going back and forth. If we 12 do put one in, I would prefer maybe this goes into effect 13 Wednesday at, you know, 6 p.m. or something to give it a 14 couple of days, let some -- a little more burning go on, or 15 for different parts of the county. 16 COMMISSIONER GRIFFIN: My comment goes along 17 with that, in that I -- I think we can be much more 18 responsive to putting the ban on and taking the ban off 19 when -- when required. Since -- and we took it off last 20 Tuesday, which I think was a great call, because we had 21 gotten the rain, the conditions were good, we got a lot of 22 good burning in this past week, and I'll come down here any 23 time we need a quorum to vote to put it in or to lift it. 24 And -- and I don't think we need to be reluctant or to 25 assume that we've got to wait until our next regular court 27 1 meeting to make something happen, because we can get three 2 of us together on pretty short notice, and if we've had a 3 good rain and we poll our delegation -- which is another 4 thing I think we need to do more of, and also I'm trying to 5 come up with some way of checking rainfall throughout 6 Precinct 4 with sort of a little circuit rider thing, if we 7 can, but that's hard to do. It's hard to find the right 8 kind of people to do that for you, who can respond well. 9 So, my point is that I think we could -- if we left it on 10 now and we want to look at it Wednesday, and the conditions 11 are dry, and our fire chiefs think we ought to take it off 12 on Wednesday or tomorrow, call a special meeting. I'll be 13 there. 14 JUDGE HENNEKE: Motion's been made and 15 seconded to reinstate the burn ban -- yes, sir? Go ahead. 16 MR. SULLIVAN: Could I make a suggestion? 17 Let's allow the burn ban to stay lifted until possibly 18 Friday, and then reinstitute on it Friday. And, if 19 conditions change, make a change then. 20 JUDGE HENNEKE: Well, what I'm hearing from 21 Center Point is they're starting to run themselves ragged 22 out there already. 23 MR. SMITH: Yes, sir, we've been running quite 24 a few calls. The main -- a lot of stuff that we run into is 25 the -- when you publish it in the paper, it needs to be more 28 1 than just the paper. It needs to be put on the radio 2 stations. 3 JUDGE HENNEKE: We notify the radio stations 4 as soon as we take action, and we put it on the -- on our 5 recording here. 6 MR. SMITH: Okay. Well, you know, only thing 7 I've heard on the radio stations is Fredericksburg called in 8 that one day and said that they were reinstating the burn 9 ban. And -- but I very seldom -- at least I haven't heard it 10 on the radio. 11 MR. SULLIVAN: This gets back to, it's dry in 12 Center Point, it's wet in Hunt, and it's not wet all over 13 Hunt. 14 COMMISSIONER GRIFFIN: That's right. Only 15 parts of it. 16 MR. SULLIVAN: Only parts of it. 17 COMMISSIONER WILLIAMS: Well, I think 18 Commissioner Griffin's point is valid. We can get together 19 very quickly and alter the situation, and put it on if it 20 rains -- if the rains come -- or take it off. Take it off 21 if the rains come or put it back on. So, it's not a matter 22 of we can't react quickly if required to do so. 23 JUDGE HENNEKE: Mr. Sandlin, maybe you have a 24 comment? 25 MR. SANDLIN: I don't know if this is 29 1 possible or not, but I think most everyone's aware we have 2 that L.C.R.A. local weather station broadcasting 24 hours a 3 day, and that's something we could check into, that it may 4 be whenever the burn ban's on or off, we somehow get them to 5 include it in their 24-hour broadcast. 6 JUDGE HENNEKE: We could certainly check into 7 that. That's a good suggestion. 8 COMMISSIONER GRIFFIN: Yes. 9 COMMISSIONER BALDWIN: Judge, may I call on 10 one of Precinct 1's fire chiefs, Tim Ahrens? Would you make 11 a comment, please, from the Turtle Creek area? 12 MR. AHRENS: I'm Tim Ahrens, Assistant Chief of 13 Turtle Creek. The problem we have is -- is a lot of times, 14 you guys are using what they call a K.B.D.I. index. That's 15 really just a soil moisture content. Even though we got a 16 good rain, there's still a lot of dead grass on top of it. 17 It will just flash as soon as the sun comes out. I'm kind 18 of, right now, in favor of holding off for just a little 19 while and see if we do get some of the rain a little later 20 this week. But, you know, those guys that go out there and 21 burn, like today, I was really dreading that somebody would 22 accidentally light something, because the winds were just 23 going crazy. So, right now, I think we can hold off for a 24 couple days. 25 JUDGE HENNEKE: Any further comments or 30 1 questions? Motion has been made and seconded. All in favor 2 of the motion, raise your right hand. 3 (Commissioners Baldwin and Williams indicated by uplifted hand that they were in favor of 4 the motion.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (Commissioners Letz and Griffin indicated by uplifted hand that they were opposed to the 7 motion.) 8 COMMISSIONER BALDWIN: Well -- 9 COMMISSIONER WILLIAMS: Burning or not, 10 Judge? 11 JUDGE HENNEKE: Judge votes "aye," so it's 12 three to two in favor of reinstituting the ban. I certainly 13 hear what you folks are saying in the west, but given the 14 nature of the system we're working under right now, I think 15 we have to take steps to -- to protect -- I think our first 16 initiative has to be to protect people, homes, and property, 17 rather than to allow people to burn brush piles and things 18 like that. However, I think that Paul raises an excellent 19 suggestion about getting some people together, and I would 20 like to call for two Commissioners to volunteer to get with 21 the representatives of our volunteer fire departments to see 22 if there's some way we can look at improving our burn ban 23 system. Do I have two volunteers? 24 COMMISSIONER GRIFFIN: One, two. Okay. 25 COMMISSIONER LETZ: Bill can do it. 31 1 COMMISSIONER WILLIAMS: No, you can do it. 2 One from the east and one from the west. 3 COMMISSIONER LETZ: You're from the east. 4 COMMISSIONER WILLIAMS: I know. 5 JUDGE HENNEKE: Okay. One of you guys take 6 the ball; the other one drop it. 7 COMMISSIONER WILLIAMS: All right, I'll do 8 it. 9 JUDGE HENNEKE: Commissioner Griffin and 10 Commissioner Williams have leaped to the front to volunteer 11 to sit down with you guys and come up with a better system. 12 I would encourage you to look at the idea of doing it on a 13 precinct basis. I'm not sure legally how we can do that. 14 That's always been the problem we've had. I'm sure you can 15 get some assistance on that. But, any -- any help you can 16 give us would be greatly appreciated. So, thank you for 17 your suggestions. Let's turn to Item 2 now, which is -- 18 COMMISSIONER WILLIAMS: No, Judge, excuse me. 19 Now that we've re-established it, while it's not on the 20 agenda as an action item, I did ask Sheriff Hicks if he'd 21 come and just advise the Court on what measures of 22 enforcement we can take when the burn ban is on. 23 JUDGE HENNEKE: All right. 24 COMMISSIONER WILLIAMS: Or what measures of 25 enforcement he takes when the burn ban is on. 32 1 SHERIFF HICKS: Good evening. At this point, 2 what we're doing is any violation, burn ban violation, we 3 send an officer to the scene and take a report and forward 4 that report to the County Attorney for possible prosecution. 5 I don't know if the Court wants to go into actually writing 6 Class C misdemeanor tickets for that or what. I'm open to 7 suggestions for that. That's the way it's been for as long 8 as I've been around. 9 JUDGE HENNEKE: Is it a Class B or a Class C 10 now? 11 COMMISSIONER GRIFFIN: C. 12 SHERIFF HICKS: It's a C. 13 COMMISSIONER WILLIAMS: What is it? 14 SHERIFF HICKS: A C, Class C. 15 JUDGE HENNEKE: That's not something you can 16 write a violation on, on the C? Or -- 17 SHERIFF HICKS: We can issue citations for 18 Class C's. David could probably tell you more about what we 19 would need to do. That's a County Ordinance violation. As 20 far as fines and stuff like that on it, I'm not sure. We 21 forward everything to David's' office, and I don't know what 22 happens after that. We do answer every one of them, though. 23 COMMISSIONER GRIFFIN: My opinion has been, 24 based on what I've observed, that the enforcement doesn't 25 mean much if it gets sort of kicked down the road, in 33 1 that -- that the quicker the violator is aware that that 2 violator has committed a Class C felony and gets a ticket 3 for it, it's sort of like a traffic ticket. I think we slow 4 down a lot quicker -- I'm afraid if they told me that, "Hey, 5 we're going to take your name and give it to the County 6 Attorney," I may not slow down as much as I would if I got 7 the ticket in my hand, is what I'm saying. I think -- I 8 think we need to put some teeth in the enforcement if we're 9 going to do it. That's just my suggestion. If there's a 10 reason not to do that -- 11 AUDIENCE: Amen, brother. 12 JUDGE HENNEKE: I feel certain that I can 13 volunteer Sheriff Hicks to meet with you and the group at 14 the earliest opportunity to talk about the enforcement, see 15 if there's some way you could improve the mechanism. 16 COMMISSIONER WILLIAMS: Well, I think we 17 should. I know Commissioner Griffin gets calls; we probably 18 all get calls about it, a lot of people complaining that the 19 fire almost burned their house down and got out of hand, and 20 it wasn't supposed to have been -- shouldn't have been 21 started. And, whether or not a Sheriff's deputy showed up 22 is incidental to it. Nothing happened. 23 SHERIFF HICKS: Right. 24 COMMISSIONER WILLIAMS: So, I think we need 25 to talk about it. 34 1 SHERIFF HICKS: Okay. I'll get with David 2 and find out exactly what ramifications we do have on that, 3 make sure. 4 JUDGE HENNEKE: Thank you. As long as we've 5 got the fire departments up, let's go ahead and take up 2.4 6 and 2.5, which we're going -- with permission of the Court, 7 we'll take up more or less together. Item 2.4 is consider 8 and discuss request from the volunteer fire departments to 9 reconsider their contracts, specifically the insurance 10 requirements and other contractual performance issues. Item 11 2.5 is consider and discuss the modified contract form for 12 agreements with Kerr County volunteer fire departments. 13 Item 5 is really a response to Item 4. Commissioner 14 Griffin, you kind of kicked this one off. Why don't you -- 15 COMMISSIONER GRIFFIN: Sure. Let's look at 16 Item 5 first, because each member of the Court, I believe -- 17 Dutch, you've got a copy that I sent you of the -- 18 MR. HINTZE: Yes, sir, I have one, but the 19 other departments have not received it yet. 20 COMMISSIONER GRIFFIN: I've got some other 21 copies here, if you would pass those out, at least to some 22 of the chiefs. After we presented the first version of 23 these contracts, there were several concerns voiced by a 24 number of the -- in fact, all of the -- of the volunteer 25 fire departments. As a result of that, Mr. Motley went back 35 1 and looked at it again. Mr. Hintze gave us a good list 2 of -- of comments. I think the latest version addresses all 3 of those comments. And, I would recommend and, in fact, 4 will make a motion that the new draft that you now see 5 becomes the form contract for all the fire departments. Of 6 course, the amounts vary and the names are changed, but the 7 contract form would all look -- it would all look the same 8 except for the names and the amounts and so on. And, Dutch, 9 I'll leave it to you to -- if you feel like we've answered 10 them all, then -- 11 MR. HINTZE: Yes, sir, most certainly. Could 12 I make a comment? 13 COMMISSIONER GRIFFIN: Sure. 14 JUDGE HENNEKE: Come forward, please, sir. 15 COMMISSIONER GRIFFIN: And please identify 16 yourself for the reporter. 17 MR. HINTZE: Yes, sir. Judge Henneke, 18 Commissioners, I'm Dutch Hintze, the president of the Hunt 19 Fire Department. And, let me say at the outset that it was 20 refreshing to learn the County has budget crunches, because 21 your county volunteer fire departments constantly live in 22 that mode. We really appreciate the help that you have 23 given us, Commissioner Griffin, to try to work the kinks out 24 of this thing, and let me assure the Court that the 25 reluctance of the departments to sign the contracts that 36 1 were initially presented was not resistance on our part, but 2 it was merely the recognition that there were some imbedded 3 requirements that -- that we simply could not fulfill. So, 4 we felt obligated to bring that to your attention. The 5 contract that I received this past week, sir, I feel is 6 perfectly acceptable to us, and we thank you for favorably 7 entertaining the suggestions that we submitted. But, I 8 would ask that the other departments have an opportunity to 9 review it -- 10 COMMISSIONER GRIFFIN: Sure. 11 MR. HINTZE: -- in that regard, as well as -- 12 COMMISSIONER GRIFFIN: Which I might point 13 out, they will have to get -- and you will get a new copy 14 that has -- the word "DRAFT" won't be on there, and all the 15 squares will be filled out, so we still have to go through 16 that process for everybody. 17 JUDGE HENNEKE: But -- 18 COMMISSIONER GRIFFIN: But if we've got forms 19 available out there, the form contract, at least you'll be 20 able to look at it and make comments. 21 MR. HINTZE: Right, sir. 22 JUDGE HENNEKE: Mr. Hintze, we can proceed 23 one of two ways tonight, if I can kind of speed this along. 24 The Court can take that up and probably approve this revised 25 draft contract, which you have seen but the other chiefs 37 1 have not, or we can take no action tonight and wait until 2 the other chiefs have had a chance to look at it, 3 understanding that it will be March the 13th before we'll 4 have a chance to take it up again. It's up to you all how 5 you want to proceed. We can -- if we take it up today and 6 approve it, and some of the other chiefs have questions, 7 that's not to say we can't bring it back, and certainly we 8 would be more than willing to listen to any concerns you 9 have. 10 MR. HINTZE: Well, since we're six months 11 down the road in terms of the contract, I think we ought to 12 get on with it. 13 JUDGE HENNEKE: Well, we're willing to 14 accommodate you as best we can. 15 MR. SULLIVAN: Everybody wants to go with it. 16 MR. HINTZE: Those in attendance say that 17 it's acceptable to them. 18 JUDGE HENNEKE: Okay. 19 COMMISSIONER BALDWIN: I second the motion. 20 JUDGE HENNEKE: Motion by Commissioner 21 Griffin, seconded by Commissioner Baldwin, that we approve 22 the revised draft of volunteer fire department contract as 23 the form contract to be used by each of the various 24 volunteer fire departments. Any further discussion? David? 25 MR. MOTLEY: I was just wondering if any of 38 1 the volunteer fire departments purchased any of their motor 2 vehicle insurance from the Texas Forest Service Volunteer 3 Fire Department Motor Vehicle Self-Insurance Program. 4 MR. HINTZE: We did, but we can get it 5 cheaper from DFSISA, get more coverage for the money. 6 MR. MOTLEY: Is that the same for all the 7 other departments? I was going to -- 8 MR. HINTZE: You bet. 9 MR. MOTLEY: Okay, fine. That's all I needed 10 to know. 11 JUDGE HENNEKE: Okay. Any further 12 discussion? If not, all in favor, raise your right hand. 13 (The motion was carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. I've 17 forgotten who produced the actual volunteer fire department 18 contracts. Was it -- David, was it your office? 19 MR. MOTLEY: Yes. 20 JUDGE HENNEKE: Can you give Mr. Hintze and 21 the other chiefs some timetable when this -- these revised 22 contracts will be turned out? 23 MR. MOTLEY: You're talking about clean 24 copies, right? 25 JUDGE HENNEKE: If they can take them, sign 39 1 them, bring them back, I can sign them and -- 2 MR. MOTLEY: How about if you wait 15 3 minutes? I'll get them all now. 4 MR. HINTZE: That will work. 5 JUDGE HENNEKE: Why don't you do that on the 6 break, or you can go outside and do that. 7 MR. MOTLEY: I'll be happy to do that now. 8 JUDGE HENNEKE: Thank you. Any further 9 comments from you all? We want to publicly, as we try to 10 do, thank you all for the service you do. You're out on the 11 front lines taking care of all of us, and we greatly 12 appreciate it. So -- 13 MR. HINTZE: Well, thank you for reasonably 14 accepting our requests. 15 JUDGE HENNEKE: Well, you're welcome. 16 MR. HINTZE: Thank you, sir. 17 JUDGE HENNEKE: We'll now go back to the 18 regular order. Next order of business is Item 2.2, which is 19 consider and discuss the annual report from the Kerr County 20 Historical Commission. General Schellhase. 21 MR. SCHELLHASE: My name is Walter 22 Schellhase, 529 Water Street, Chairman of the Kerr County 23 Historical Commission. Judge, Commissioners, I have 24 provided a written document for all of you to have in your 25 packet. And, I won't dwell on it, on the information 40 1 contained in there, except to skim over it and leave it to 2 you to read at your leisure. I did want to get it all into 3 the record, though, at the end of 1999, and we're into the 4 year 2000. I wanted to make sure we had an accurate and 5 complete report to end the century with. 6 We did receive the Certificate of Achievement 7 for 1999 for the work that was done for the Commission. We 8 have numerous items that are on the agenda because of budget 9 items that will not be undertaken, and those are itemized in 10 the booklet for you. On Page 4, you have the list of new 11 officers and standing committees for the coming year, and on 12 Page 5, which I would like to dwell on a few minutes, are 13 those projects that are carrying over and are now in the 14 works with the Commission. 15 First, I'd like to take up this brochure, of 16 which we usually get these printed in quantities of about 17 10,000. It's used throughout the area. It lists and 18 describes each and every historical marker that's in the 19 county. We now have over 50. This brochure, which you did 20 not choose to budget for us for the coming year, needs to be 21 reprinted, and we have about six markers that need to be -- 22 need to be added to this to bring it up-to-date. 23 In addition to that, the display cabinets for 24 the courthouse -- which I would like to mention that the 25 check has been cut for those cabinets; it's being held by 41 1 the comptroller until such time as the cabinetmaker 2 completes his contract, which has not been done at this 3 time. We do seek that within the next 30 days. That's a 4 big item on our agenda. It's only been on this list for 5 about four years now, as I understand. It was top on the 6 list when I took over, and we're still pressing. We're 7 trying to remove Mike Walker from that project so that we 8 can move on with it, 'cause it seems to be held up in his 9 negotiations with the contractor. 10 The highlight of this year has been the oral 11 history project. As y'all know, we made a list of 108 12 citizens in this town that we felt like we ought to have the 13 oral history recorded from. We have 23 done. A substantial 14 amount of the budget goes for that. And, we hope to 15 complete another 20 during this period. We now have three 16 that have been completed and lack the completed paperwork to 17 finish them up. 18 The Union Church, as you know, is our major 19 project in this package. I have included for y'all some 20 historical documents that we found, because I wanted to get 21 them in the Kerr County records, because they are not here. 22 They are -- we found them in the Texas Archives. It's the 23 agreement between the churches that initiated the Union 24 Church building back in 1884. It has a signature of some 25 prominent citizens that now reside -- and it is difficult to 42 1 read because of the unique handwriting. Someone along the 2 line has taken the opportunity -- taken the time to type it 3 up. That's attached for you, also. 4 We were also able -- the next document is to 5 obtain the initial contributions made to that church by the 6 citizens in 1884, anywhere from $100 to 25 cents. We now 7 are in the process of trying to convert those 1884 dollars 8 to 2000 dollars to see what those contributions are in 9 today's market. And, if -- my intent is to try to go back 10 to these families that still exist and see if we can get 11 them to match it on this project. In addition to that, the 12 next document is -- we have the -- the expense sheets that 13 were kept on the church by Mr. Starkey, which indicate the 14 items they bought, including tobacco and coffee, which I 15 thought was interesting, so we would like to have that 16 recorded in the Court records. 17 The last document on that is the deed. Many 18 people think that Charles Schreiner gave the lot to the -- 19 the church group that put this project together. He did 20 not; he sold it to them for $70, and then donated $100 to 21 the project. So, in essence, he did. The next document we 22 have is a status report that we provided Schreiner College 23 when they asked us to give an update as to where this 24 project stood as of November. I'd like to bring you 25 up-to-date as of today. The -- the old flat roof has been 43 1 removed off the building. The roof trusses to reinstall the 2 peak roof is on the site at this time. We hope within the 3 next few days we'll be in the process of erecting those. 4 This has been a pay-as-you-go project, and as we get the 5 money, we will continue. We believe we now have enough at 6 this time, with the -- an additional $5,000 commitment that 7 we received in the last couple of weeks, that we'll be able 8 to physically close in the outside. It looks doubtful at 9 this time if we'll be able to keep our commitment to 10 Schreiner College to have it totally finished on the outside 11 by May the 1st, but that is still our deadline, and which we 12 will be trying to approach. 13 One other item I'd like to point out to you 14 is, you have a copy, which would be Page 7 of our bylaws -- 15 or the Articles of Incorporation and the Bylaws. And, in 16 that, it says the governing body of the Commission shall be 17 comprised of at least nine members -- nine director members 18 appointed by Kerr County Commissioners. To my knowledge, 19 the Commissioners Court has never done this, and I think it 20 needs -- leaves a gap in the -- in the perpetual 21 continuation of this Commission to do its work. And, I 22 would like to request that the Commission appoint itself to 23 advertise for the need for those people and take 24 applications for those interested in performing that work, 25 and then proceed with appointing those nine to the Board of 44 1 Directors of the Commission -- the Historical Commission, as 2 opposed to just taking people that are willing to step in 3 and do the work from time to time. I think it would work 4 much, much better. 5 Last item is the -- the historical markers 6 that we now have sitting in place, three that we're waiting 7 to erect. Two of those, the Reservation School site has 8 been approved, been paid for, is now at the foundry. The 9 Cade residence I signed off on today, and we'll go to the 10 foundry within the week. The third is the James Kerr 11 award -- or marker, of which we have been working on for 12 three years. We have finally managed to collect all the 13 data and got that approved. You have a copy of that 14 approval in your packet. And, you will note it's waiting on 15 the payment of a $950 bill. As you know, markers are paid 16 for by those that request them. This one was requested by 17 the County two, three years ago. We've now secured that 18 marker. We would like to request that the Commissioners 19 Court pay for that $950 so that we can get this to the 20 foundry. 21 We had requested $2,100 for the three that we 22 hope to complete this year, which were not funded in our 23 budget. If you choose not to do that in your 2000 budget, 24 you will see that we have Archives and Historical Photograph 25 Reproduction, $400 and $1,290. We will reduce those to -- 45 1 by enough to pay for the marker ourselves in the event the 2 Court chooses not to pay for that. The historical 3 reproduction photos, we -- we hope to continue. Where that 4 comes from is when we do oral histories, we receive hundreds 5 of old historical photographs dating back into the early 6 1800's. We have tried to reproduce all of those and put 7 them into our archives in a good, orderly manner, usable by 8 those people that want to do research and for those people 9 writing articles. If we choose not to fund that marker as a 10 separate item in the budget, then we will pay for that out 11 of that and discontinue photo reproduction for -- at least 12 for the next year, unless we get somebody to volunteer to do 13 that. 14 With that, that concludes my report for 1999, 15 and we start a new year with very successful projects moving 16 on. Thank you. Any questions? 17 JUDGE HENNEKE: Any questions or comments? 18 Thank you, General Schellhase. Next item we have is Item 19 2.3, consider and discuss an informational report from Billy 20 Snow regarding the Kerr County 4-H Gun Program. Mr. Snow? 21 (Discussion off the record.) 22 MR. SNOW: Your Honor, members of the Court, 23 I am Billy Snow, project leader for the Kerr County 4-H 24 Skeet and Trap Club. I would like to update y'all. You had 25 in your packets a copy of the lease that we have finally 46 1 secured, and what I've just handed you is a supplemental 2 packet of reviews, letters by the attorney, Mr. Tom Pollard, 3 who reviewed this on behalf of the 4-H Club, as well as a 4 letter of recommendation by Eddie Holland and Laurinda Boyd 5 with the County Extension Program, and Dr. Ron Howard, who 6 is our Extension specialist down at Texas A & M with 4-H 7 Shooting Sports Program. 8 The Court has seen several turnovers since we 9 first started this project, and we're happy to come before 10 you this evening to tell you that, with time and patience, 11 some good things do come out of it. I came before this 12 group almost five years ago initially requesting 13 consideration of a land lease on the airport, which at that 14 time we knew was both County- and City-owned. The Court 15 gave us their blessings, and we went forth. At that time, 16 when we got into negotiation with the City, we were asked to 17 consider an alternate site, which many of y'all were aware 18 of, was the closed landfill site out here off of Loop 534. 19 We have actually been into a lease. 20 This is the third year of that lease, in 21 which we anticipated building this facility. We encountered 22 a few bumps along the way, as we anticipated, one of which 23 was major problems through T.N.R.C.C. concerning getting the 24 necessary geo-technical data. But, in some ways, the 25 holdups and trying to do due diligence on that, as it turns 47 1 out, after the school district has picked the 50-acre site, 2 which would have been right below that plateau, we 3 determined that it was no longer feasible to put this 4 facility in that location. 5 However, Mr. Jack Burch, who is here this 6 evening, his family -- or, rather, his wife and 7 sister-in-law, who own the Red Rose Ranch out on Cypress 8 Creek Road here, came to us with a proposal for a long-term 9 lease, which has been secured. We will be occupying a 10 roughly 150-acre site which is 4 miles out Cypress Creek 11 Road. Entry will be right near the microwave tower there on 12 the north side of Cypress Creek. And, through this lease, 13 we have also joined in with the landowners and the Hill 14 Country Gun Club, as a separate entity, to jointly bring 15 about -- we are looking at breaking or at least starting the 16 bulldozing this weekend. And, as many of y'all know, we 17 were sort of the procurement officers, or pilfered all the 18 concrete panels that came off the courthouse renovation 19 here. Everybody had to put up with me for about a week 20 running trailers in and out of here when the crane brought 21 them off. But, through that and y'all's help, even in 22 helping us move those panels to our current site out on the 23 landfill, we're extremely excited in that we feel like we're 24 fixing to see a nice facility that will benefit the 25 community as well as the youth of this county in a program 48 1 that is growing rapidly throughout the state in the clay 2 target shooting area. 3 And, we -- we truly look forward to having 4 this to where it will be available, not only to the 4-H. We 5 have at least approached and entertained the idea with 6 Schreiner College to see if it would be a facility that they 7 could field an inter-collegiate team. We have approached 8 the Visitors and Convention Bureau as far as being able to 9 host -- in case y'all didn't know, currently the 4-H is 10 hosting about four major shoots a year. In addition to our 11 district 4-H shoot, we have, on alternating years, been 12 hosting the Texas Bighorn Sheep Society here in the 13 Kerrville area. We have been working with the Cowboy 14 Artists of America museum during their Spring Roundup. 15 We've done a major shoot for the L.C.R.A. Wholesaler -- or 16 Retailers' Group under them, and have had -- in addition, 17 for the last two years, have provided a fundraiser through 18 the means of a shoot for the Hill Country Homebuilders 19 Association. So, we have enjoyed a good association with 20 numerous organizations here, and look to expanding. And, at 21 this time, I will see if there are any questions from y'all. 22 JUDGE HENNEKE: Any questions or comments? 23 COMMISSIONER BALDWIN: When do you open up? 24 MR. SNOW: Our target date -- our district 25 shoot is June 10th. We're basically on a 90-day window. 49 1 COMMISSIONER WILLIAMS: Those panels that you 2 obtained from the Annex, is that going to become a new 3 building? 4 MR. SNOW: Those -- we have designed the 5 necessary slab with a metal substructure, and those panels 6 will be used to build all the skeet houses. And, we 7 certainly look forward to that, because the aggregate 8 exposed finish is one of the best that we could have hoped 9 for, in that the rough texture helps diffuse sound bouncing. 10 The height of them was within a foot of what we would have 11 had to have designed. It's just a matter of re-erection. 12 And, the long-term load maintenance was one of the best 13 enhancements that we could have asked for. 14 JUDGE HENNEKE: Billy, how many youth from 15 Kerr County do you have participating? 16 MR. SNOW: Last year we had 32, initially. 17 We have now organized the projects to a full-fledged 18 additional 4-H club within the county. As of our second 19 meeting earlier this month, we're already up close to 40, 20 and it seems like they're still coming out of the woodwork. 21 So, statewide, last year we hosted almost 430 youth at the 22 state shoot in San Antonio. This year -- Texas, by the way, 23 is combining, for the first time, all five state shoots: 24 rifle, pistol, archery, black powder, and shotgun, and we 25 have made it a national invitational shoot. We're expecting 50 1 roughly 1,500 4-H'ers from across the nation on grounds the 2 third week of July in San Antone for the better part of a 3 week. 4 JUDGE HENNEKE: What ages are our local 5 participants? 6 MR. SNOW: Local participants start at age 7 nine, or at least in third grade. If they are eight, we 8 make a more or less executive decision, if they are 9 physically large enough or muscled enough to be able to 10 handle a firearm properly and safely. Runs up through age 11 18. 12 COMMISSIONER WILLIAMS: In addition to your 13 4-H programs, will you also allow the general public or 14 those who are engaged in shooting -- 15 MR. SNOW: The way that the leases have been 16 structured, Commissioner Williams, is that the range, which 17 will be operated by -- by Mr. Burch as a private facility, 18 will be open to the public on Wednesday, Saturday, and 19 Sunday afternoons. 4-H reserves the right of one each of 20 skeet and trap range on those days when it's even open to 21 the public. In addition, we have two weekdays, excluding 22 the Wednesday, specifically for 4-H practices, and on other 23 weekends or as special events are planned. Mr. Burch takes 24 over all maintenance once we get the facility in. All 25 maintenance, utilities, management is on his part. So, this 51 1 is virtually -- once it's built and completed, this is at no 2 cost to the 4-H, other than the expendable target fees, 3 which would be anticipated anyway. And we stand the chance 4 of sharing somewhat through our fundraisers along with the 5 landowner in this venture, and this will also -- we have 6 already purchased and have here a 30-by-60 Quonset building 7 which will become the clubhouse and maintenance shop. That 8 will also contain -- or will be expanded later for a 9 classroom, and this will become one of the centers of our 10 hunter education training as well in the county. 11 COMMISSIONER WILLIAMS: Thank you. 12 COMMISSIONER BALDWIN: Fantastic. 13 JUDGE HENNEKE: Excellent program, Billy. We 14 thank you. 15 MR. SNOW: Thank y'all. 16 COMMISSIONER BALDWIN: Thank you, Mr. Burch. 17 JUDGE HENNEKE: At this time, I would like 18 to -- yes, Mr. Burch, I'm sorry. Thank you, Jack. I'd like 19 to take up Item 2.15, which is the ordinance regulating the 20 operation of sexually-oriented businesses. At the 21 conclusion of that, we'll take about a 10-minute break, and 22 then we'll come back and complete our -- our agenda. So, 23 Ilse, if you'll come and briefly tell us what we have now. 24 MS. BAILEY: As you recall, we met last week 25 and discussed some proposed changes to the Sexually-Oriented 52 1 Businesses Order that I had produced earlier. I believe 2 that I have made all of the changes that were discussed. If 3 there are any other questions about other changes that need 4 to be made or questions about the changes that were made, 5 I'd be happy to address those. 6 JUDGE HENNEKE: Does anyone have any 7 questions regarding this revised draft? 8 COMMISSIONER BALDWIN: No, I don't. 9 JUDGE HENNEKE: I have a couple of -- one 10 question and one typo. The issue was raised as to whether 11 we could include cemeteries in the locations that -- from 12 which the distances are measured. 13 MS. BAILEY: Yes. And, I did include that. 14 Yes, I did. 15 JUDGE HENNEKE: I didn't find a definition of 16 cemetery anywhere. 17 MS. BAILEY: I did not include a definition 18 of cemeteries. What I did was I included cemeteries in the 19 definition of places a distance from which the -- the 20 sexually-oriented business has to be. 21 JUDGE HENNEKE: Okay. 22 MS. BAILEY: If you feel that we also need to 23 add a cemetery definition, I can do that. 24 JUDGE HENNEKE: No, I think -- I just was 25 looking for that. And, I'll find my tick here. On Page 19, 53 1 Section XII(b), first sentence says issued within 10 days. 2 Second sentence says 7 days. 3 MS. BAILEY: You're right. I didn't make 4 that -- 5 JUDGE HENNEKE: Just a typo. 6 AUDIENCE: Yes, sir. 7 JUDGE HENNEKE: That's all that I have. 8 MS. BAILEY: I did want to point out 9 something that I hadn't discussed earlier, just to make sure 10 that you're aware it's in there. One of the earlier 11 subsections does clearly make it a Class A misdemeanor to 12 violate the order. And, I had thought that that was not in 13 there; that it -- that we were going to have to have add it 14 in. Since it was already there, I did not make any changes 15 to that provision. And, it provided -- I couldn't remember 16 what the Court had instructed with respect to appeals from 17 denials and revocations of licenses, but the order already 18 established District Court being the Court to address those, 19 and so I just left that the way it was. 20 COMMISSIONER BALDWIN: It would go from J.P. 21 straight to District Court? 22 JUDGE HENNEKE: Yes. 23 MS. BAILEY: Yes. 24 COMMISSIONER BALDWIN: It wouldn't go through 25 any steps to get there? 54 1 MS. BAILEY: But at the District Court, it 2 really becomes a de novo trial. 3 COMMISSIONER BALDWIN: That's good. 4 COMMISSIONER WILLIAMS: A question which was 5 addressed to me by a couple people over the weekend, the 6 Chippendales, a male dancing group, performed in Kerrville 7 this past week. Would their act be covered by this 8 ordinance? 9 MS. BAILEY: I amended it so that incidental 10 type semi-nude dancing would be covered, so I expect that it 11 would. They would probably have to get a permit before they 12 could -- before they could perform. 13 JUDGE HENNEKE: That's in the city, so this 14 doesn't -- 15 MS. BAILEY: This does not apply to the city, 16 but it -- 17 COMMISSIONER WILLIAMS: I understand, but -- 18 unless they were here in the unincorporated area of the 19 county. But if they're going to perform in the city 20 sometime, they can perform in the county sometime, so I 21 wanted to ask the question. 22 JUDGE HENNEKE: Now, if we establish the 23 fees, we would do that separate from this ordinance; is that 24 correct? 25 MS. BAILEY: That's the way it's written now. 55 1 JUDGE HENNEKE: All the Court would have 2 to do would be to adopt a schedule of fees, which we could 3 then amend without having to go through the ordinance, and 4 maybe -- 5 MS. BAILEY: Yeah, that was my thought. That 6 was the reason I chose to set it up that way. 7 JUDGE HENNEKE: What is the -- the timetable 8 for having the public hearing? Is it two weeks? Thirty 9 days? 10 MS. BAILEY: I don't know that there's any -- 11 there's not a specific requirement with respect to this kind 12 of activity, so just whatever the Court ordinarily would do 13 on a public hearing on an order, I think. 14 (Discussion off the record.) 15 JUDGE HENNEKE: Do we want to have it on the 16 13th at 10 o'clock? 17 COMMISSIONER GRIFFIN: What time? 18 JUDGE HENNEKE: 10 o'clock. 19 COMMISSIONER WILLIAMS: What date? 20 COMMISSIONER GRIFFIN: We set something 21 already. 22 JUDGE HENNEKE: That's right. Maybe we'll 23 have to make it 10:30. We have a public hearing on your 24 road district. 25 COMMISSIONER GRIFFIN: I think that was made 56 1 at 10:30. Could we check that during the break and write 2 that motion up? I think we've got -- we have two hearings 3 already, I think, set for that date. We just need to make 4 sure of the times for -- 5 JUDGE HENNEKE: Well, we can just be careful 6 and say 11 o'clock. 7 MS. BAILEY: And the 13th was the date? 8 JUDGE HENNEKE: Yes. At this time, I'd 9 entertain a motion to approve the draft ordinance and 10 regulations and set a public hearing on same for Monday, 11 March 13th, at 11 o'clock a.m. 12 COMMISSIONER BALDWIN: I'll make that motion. 13 COMMISSIONER GRIFFIN: Second. 14 JUDGE HENNEKE: Moved by Commissioner 15 Baldwin, seconded by Commissioner Griffin, that the Court 16 approve the draft ordinance and regulations regarding 17 sexually-oriented businesses and set a public hearing on 18 same for 11 o'clock a.m. on Monday, March 13th, Year 2000. 19 Any further discussion? If not, all in favor, raise your 20 right hand. 21 (The motion was carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. At this 25 time, let's take a quick break and be back at ten minutes 57 1 until 8:00, and we'll finish out the agenda. 2 (Recess taken from 7:37 p.m. to 7:50 p.m.) 3 - - - - - - - - - - 4 JUDGE HENNEKE: All right. It's ten minutes 5 to 8:00. Let's reconvene this special session of the Kerr 6 County Commissioners Court. Next item on the agenda -- I 7 don't see our Auditor. We'll postpone that one temporarily. 8 Go to Item 7, consider and discuss approval for annual 9 accounts of the status of investments pursuant to the 10 provisions of the Texas Probate Code, Section 887(b). 11 Jannett? 12 MS. PIEPER: Gentlemen, pursuant to that 13 Texas Probate Code that the Judge just mentioned, I have 14 enclosed a list of all of our Court registries that I need 15 approved on. This is a -- the registries for the money had 16 been deposited into our trust fund account, and it shows the 17 interest-bearing. 18 JUDGE HENNEKE: Any questions? 19 COMMISSIONER WILLIAMS: Do they have to be 20 acted on separately or in bulk? 21 JUDGE HENNEKE: We can do them in bulk. 22 COMMISSIONER BALDWIN: I move for approval. 23 COMMISSIONER WILLIAMS: Second. 24 JUDGE HENNEKE: Moved by Commissioner 25 Baldwin, seconded by Commissioner Williams, that the Court 58 1 approve the annual accounts of the status of investments 2 presented by the County Clerk. Any further discussion? If 3 not, all in favor, raise your right hand. 4 (The motion was carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 MS. PIEPER: Thank you. 9 JUDGE HENNEKE: Item 2.8, consider and 10 discuss releasing the Irrevocable Letter of Credit No. 11 99-0330 for Cypress Springs Estates. Franklin? 12 MR. JOHNSTON: We've located that. We've 13 been on site several times. And, of course, this is the 14 water system letter of credit, and we're just relying on 15 letters from the engineer that said it was complete, and 16 signed and sealed the letter to that effect. And, 17 T.N.R.C.C. says it is complete, I think for, like, 200 18 connections. There's only about 45 out there. So, I'd 19 recommend we return the Letter of Credit. 20 COMMISSIONER GRIFFIN: So moved. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE HENNEKE: Moved by Commissioner 23 Griffin, seconded by Commissioner Baldwin, that we release 24 the Irrevocable Letter of Credit No. 99-0330 for -- for 25 Cypress Springs Estates, as recommended by the County 59 1 Engineer. Any further discussion? If not, all in favor, 2 raise your right hand. 3 (The motion was carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Item 2.9, 7 consider and discuss concept plan for the replat of Tract 8 204, Turtle Creek Ranches, Precinct 1. Commissioner 9 Baldwin. 10 COMMISSIONER BALDWIN: Mr. Johnston? 11 MR. JOHNSTON: I think you all have a copy of 12 the drawing prepared by Voelkel Surveying. This is an 18 -- 13 17-, 18-acre lot. They want to divide it into a 2 1/2-acre 14 and a 15.6-acre separation. This area is in the old 15 subdivision, in quotes, "Turtle Creek." . 16 MR. PRITCHARD: Turtle Creek Ranches. 17 MR. JOHNSTON: Which was never recorded, so 18 this would have to be a -- a plat of that lot -- those two 19 lots. This is a subdivision of that lot. 20 JUDGE HENNEKE: Anyone have any questions 21 about the concept plan? 22 MR. JOHNSTON: They're preparing a little 23 road easement coming into the lot. You can see about 60 24 feet with a cul-de-sac to serve as one entrance for the two 25 lots. The other one -- we did the other one that's coming 60 1 up later, but this is an actual right-of-way they built a 2 road into, a country lane-type road. 3 JUDGE HENNEKE: Any questions? 4 COMMISSIONER BALDWIN: None. I move that we 5 approve the concept plan for replat of Tract 204, Turtle 6 Creek Ranches. 7 COMMISSIONER GRIFFIN: Second. 8 JUDGE HENNEKE: Moved by Commissioner 9 Baldwin, seconded by Commissioner Griffin, that the Court 10 approve the concept plan for the replat of Tract 204 of 11 Turtle Creek Ranches. Any further discussion? Yes, sir? 12 MR. PRITCHARD: It won't be a replat, though. 13 It is not platted right now. It will be a plat. 14 JUDGE HENNEKE: I stand corrected, thank you. 15 It's a concept plan for the plat of Tract 204 of Turtle 16 Creek Ranches. 17 COMMISSIONER BALDWIN: I was reading it. 18 MR. PRITCHARD: I know. 19 COMMISSIONER BALDWIN: Are you responsible 20 for these -- this verbiage? 21 MR. PRITCHARD: No. 22 COMMISSIONER BALDWIN: Let's get it straight 23 here now. 24 JUDGE HENNEKE: Moved and seconded. Any 25 further discussion? If not, all in favor, raise your right 61 1 hand. 2 (The motion was carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Item 2.10, 6 consider and discuss approving the final replat of Lot 4 of 7 Sheppard Hills, Precinct 1. Commissioner Baldwin. 8 COMMISSIONER BALDWIN: Mr. Johnston? This is 9 one that we -- the gentlemen were in here a couple of weeks 10 ago. 11 MR. JOHNSTON: Dividing a lot into two lots, 12 each of which will be over -- one's 3.13 and one's 2.78 13 acres. They've agreed to share a common easement, so they 14 have one entrance off of Sheppard -- or Spanish Oaks 15 Drive -- Spanish Oak Drive. 16 JUDGE HENNEKE: Is that a deeded easement now 17 or recorded? 18 MR. JOHNSTON: It's actually shown on the 19 plat as such, and says it will be the only -- I'll show you 20 what the plat says. Right there. 21 COMMISSIONER BALDWIN: I believe that we're 22 having -- we're dealing with a father and son? 23 MR. JOHNSTON: That's correct. At the 24 moment, yeah. But this could, you know, not be in the 25 future sometime. So, it -- 62 1 COMMISSIONER BALDWIN: Yeah. 2 MR. JOHNSTON: It is on the plat, however. 3 COMMISSIONER GRIFFIN: Okay. 4 JUDGE HENNEKE: Do I have a motion? 5 COMMISSIONER BALDWIN: I move that we approve 6 the final replat of Lot 4 of Sheppard Hills. 7 COMMISSIONER WILLIAMS: Second. 8 COMMISSIONER LETZ: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Baldwin, seconded by Commissioner Williams, that the Court 11 approve the final replat of Lot 4 of Sheppard Hills in 12 Precinct 1. Any further discussion? If not, all in favor, 13 raise your right hand. 14 (The motion was carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Thank you. 18 Next item we'll take up is Item 2.11, consider and discuss 19 assuming monthly obligation for four existing luminaries on 20 the basketball court at Center Point River Park, and 21 installing two additional luminaries in the parking area 22 near the river. Commissioner Williams. 23 COMMISSIONER WILLIAMS: This is a result of 24 the -- of the disincorporation, in which all the lights -- 25 street lighting that was available in the area was -- was 63 1 turned off. It was unfortunate that the lights that were on 2 the basketball court and in the park, in the general 3 vicinity of the park, which is County property, also went 4 off at that same time. The agenda item is incorrect; it 5 states the wrong number. Should be five existing luminaries 6 on the court, and we're asking to install one additional 7 luminary in the parking area that floods the -- the 8 remainder of the park down toward the river area. The cost 9 of that is in the backup material I've provided to you. 10 There will be a one-time installation charge for the new 11 floodlight of $200. The amount to fund the electrical bills 12 for the remainder of this budget year for the existing 13 lights in the basketball court and one additional floodlight 14 would be a total of $515.42. There is $2,500 in a line item 15 related to Center Point Park, and I propose that this 16 funding come from that line item. 17 JUDGE HENNEKE: Any questions or comments? 18 COMMISSIONER LETZ: Is that a motion? 19 COMMISSIONER WILLIAMS: I put it in the form 20 of a motion, yes, sir, that we approve it as -- as 21 corrected. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Williams, seconded by Commissioner Letz, that the -- that 25 Kerr County assume the monthly obligation for five existing 64 1 luminaries at Center Point River Park, which is County 2 property, and install one additional luminary in the parking 3 area near the river, such funds to come from the Center 4 Point Park budget line item. 5 COMMISSIONER WILLIAMS: Correct. 6 COMMISSIONER BALDWIN: Question. Are you -- 7 are you considering these -- these lights a part of the 8 funded money, or for a part of the park work that we had 9 budgeted for? 10 COMMISSIONER WILLIAMS: At this point, yes, 11 sir. 12 COMMISSIONER BALDWIN: And then, next year's 13 budget, are you going to add that -- whatever the total is 14 that you're taking out, the $515, is that going to be added 15 back into another budget for next year to work on the park 16 again? 17 COMMISSIONER WILLIAMS: Possibility. 18 COMMISSIONER BALDWIN: I'm going to vote 19 against it. I'd rather see you go down -- or us go down 20 there and do what we had budgeted to do, and then, in the 21 budget process coming up soon, to -- to add to it at that 22 point. We have -- we have told the public what we were 23 going to do with this budget, and now we're veering off from 24 it a little bit. 25 COMMISSIONER WILLIAMS: Well, we're not 65 1 really veering off. It's just one of the things that needs 2 to be done. We're working on other aspects of it, working 3 on trying to get a fence at no cost or at no expense to the 4 $2,500, and trying to do some other things for the community 5 involvement. We're going to get there. 6 COMMISSIONER GRIFFIN: And, this is not 7 directly tied to this, but there will be probably -- and I 8 know this is still being -- the question of how is being 9 asked still, but there will be some funds that will be 10 coming from Center Point that are going to go in -- end up 11 in our budget dollars, right? Or in our coffers? 12 COMMISSIONER WILLIAMS: That's true. As soon 13 as it -- the potential of some litigation is resolved, 14 that's true. Also, I think the Court's going to have to 15 determine at some point in time how it's going to fund the 16 maintenance of its existing Flat Rock Lake Park, and if that 17 is the case, this would logically come to be considered at 18 that time as a maintenance item on the parks. 19 COMMISSIONER LETZ: That's my main reason on 20 this thing. We just need to remember in the budget process 21 to put a maintenance item for all three of the County parks. 22 COMMISSIONER WILLIAMS: Right. And this 23 would rightfully fall into that -- 24 COMMISSIONER LETZ: With the things that come 25 up and from a safety standpoint, it's probably important to 66 1 get some of this stuff done. 2 JUDGE HENNEKE: There's a motion and a second 3 on the floor. Any further discussion? 4 COMMISSIONER BALDWIN: I just want to clarify 5 what my stand is with that. I just see it that this kind of 6 thing is -- as well as the Flat Rock Lake, that that needs 7 to be done in the new budget year to keep everything clean 8 and in line and the line items straightened out. That's my 9 only point. 10 JUDGE HENNEKE: Any further discussion? If 11 not, all in favor, raise your right hand. 12 (Commissioners Williams, Letz, and Griffin indicated by uplifted hand that they were in 13 favor of the motion.) 14 JUDGE HENNEKE: All opposed, same sign. 15 COMMISSIONER BALDWIN: Aye. 16 (Commissioner Baldwin indicated by uplifted hand that he was opposed to the motion.) 17 18 JUDGE HENNEKE: Motion carries. Next item is 19 Item 2.12, consider and discuss resolution opposing the 20 proposed change in the use of a pipeline owned by Longhorn 21 Pipeline, Inc, over the recharge zone of the Trinity 22 Aquifer. On the agenda request is the Headwaters 23 Underground Water Conservation District. Mr. Van Bavel, now 24 it's your turn. 25 MR. VAN BAVEL: Thank you. Members of the 67 1 Court, I apologize for trying to cut in line and be the 2 first one, but I have enjoyed listening to your proceedings. 3 I'm here tonight to present the position of the Headwaters 4 Underground Water Conservation District. We are opposed to 5 this -- to the change in the way this pipeline is to be 6 used. We have written to the E.P.A. to request that they 7 fully consider the environmental damage that can be done by 8 using an old pipeline that was used for crude oil and then 9 put gasoline through it. 10 We have written a letter, and a copy of the 11 letter was sent to the -- to the Court. And, at this point, 12 we respectfully request you to join us in addressing the 13 E.P.A. in this matter by expressing opposition to this 14 proposed change in the use of this pipeline. At the moment, 15 there's no assurance there are safeguards against leaks, and 16 the ensuing threat -- threat to the quality of the -- the 17 Edwards and the Trinity Aquifers and their recharge areas -- 18 you know, it's true that this pipeline does not go through 19 Kerr County, but it goes right north of us in Kendall 20 County, Gillespie County, and on to Blanco and Hays, I 21 believe -- yes. 22 There's another consideration that has not 23 been -- been taken account of in the process. The entire 24 area, Kerr County included, is a priority ground water 25 management area, and E.P.A. has ignored the special 68 1 requirements that are -- has to be met from the point of 2 view of the contamination of the ground water. And, I'd 3 like to emphasize at this point particularly that we are 4 dealing not with a casual influxion to a gas station, but a 5 very long pipeline that runs over or even through 6 etiological formations in which the water is also present. 7 This gasoline is under pressure, and it also 8 nowadays contains gasoline additives; in particular, one 9 known as MTBE, which is a sort of modified ether. It is 10 quite toxic, and is a matter of great concern because it is 11 even more volatile than gasoline, and it is -- it's soluble 12 in water, so will get anyplace before the gasoline even gets 13 there. This compound could pollute domestic water and 14 irrigation water wells, and even wind up in the food that is 15 being produced in some of these areas, such as, let us say, 16 peaches or pecans or what-have-you. 17 We feel that -- if I may, my statement must 18 fully assess every potential risk to the environment that 19 results from using an old and abandoned crude oil pipeline 20 for transport of gasoline through the heart of the Hill 21 Country. And, so, again, we respectfully ask your support 22 and that you address the E.P.A. accordingly. Thank you. 23 COMMISSIONER WILLIAMS: Professor, can I ask 24 a question? 25 JUDGE HENNEKE: Yes. 69 1 COMMISSIONER WILLIAMS: How old is that 2 pipeline, to your knowledge? 3 MR. VAN BAVEL: I'm not sure. As I remember, 4 it was built in the '30's to transport -- am I correct? 5 MS. LAVENDER: Late '40's. 6 MR. VAN BAVEL: Late '40's. I stand 7 corrected. I wasn't here, and you were? 8 MS. LAVENDER: I was. 9 COMMISSIONER WILLIAMS: Has it been 10 abandoned, or always been used? 11 MR. VAN BAVEL: It's not been in use for some 12 time. 13 COMMISSIONER BALDWIN: I had -- I had worked 14 on this project about five years ago, and the last I heard 15 of it, it was a possibility of going through Blanco County. 16 MR. VAN BAVEL: Yes. 17 COMMISSIONER BALDWIN: I forgot about it and 18 lost track of the thing, but what -- what -- do they even 19 know where the pipeline is and where it's going to be? 20 MR. VAN BAVEL: Oh, I presume they know where 21 it is. The people in Blanco County may not know this, but 22 the company knows it, I'm sure. 23 COMMISSIONER BALDWIN: Yeah. 24 MR. VAN BAVEL: This is -- you certainly 25 wouldn't be only the first county to express opposition. 70 1 And, moreover, the Texas Alliance of Groundwater Districts 2 had -- which encompasses, I think, some 57 districts -- 3 counties -- I should say counties; fewer districts -- has 4 also addressed E.P.A., and I was there at a meeting in San 5 Antonio, which this was adopted by the -- by the Executive 6 Committee. 7 COMMISSIONER WILLIAMS: I propose that the -- 8 I offer as a motion a resolution opposing the proposed 9 change in the use of the pipeline owned by Longhorn 10 Pipeline, Incorporated, over the recharge zone of Trinity 11 Aquifer. 12 COMMISSIONER BALDWIN: I second that motion. 13 JUDGE HENNEKE: Moved by Commissioner 14 Williams, seconded by Commissioner Baldwin, that the Court 15 adopt a resolution opposing the proposed change in the use 16 of the pipeline owned by Longhorn Pipeline, Inc., over the 17 recharge zone of the Trinity Aquifer. Any further 18 discussion? 19 COMMISSIONER BALDWIN: I just have one 20 question. Do they provide a resolution, or is it something 21 you put together, or -- 22 JUDGE HENNEKE: We will ask them to provide 23 us with a resolution. 24 COMMISSIONER WILLIAMS: Have you got a copy 25 of the resolution, Professor? 71 1 MR. VAN BAVEL: No, we just wrote a letter. 2 And our idea is that you would write a letter in the same 3 vein. If you need additional information, we will be glad 4 to supply it. 5 JUDGE HENNEKE: Would you change your motion 6 to write a letter, as opposed to adopting a resolution? 7 COMMISSIONER WILLIAMS: I would amend my 8 motion to make it a -- a letter in opposition to, as opposed 9 to the resolution. 10 JUDGE HENNEKE: Is that acceptable to the 11 second? 12 COMMISSIONER BALDWIN: Yes, it is. 13 JUDGE HENNEKE: Okay. We have a motion as 14 amended on the table. Any further discussion? 15 COMMISSIONER LETZ: If I can quit coughing, I 16 have a question. Where is the pipeline exactly? I guess -- 17 MR. VAN BAVEL: It goes from El Paso through 18 Houston. 19 COMMISSIONER LETZ: El Paso to Houston. I 20 mean, I guess -- I'm not sure I'm in favor -- we don't want 21 things that are going to break in the county, but at the 22 same time, has it been looked into? Because if we're -- I 23 mean, if we need to protect the Trinity, certainly, but 24 every pipeline that goes through Kerr County or goes through 25 any, basically, huge area is going to do that, and we have a 72 1 number of pipelines already in place, and I'm kind of -- I 2 just want to make sure we're not singling out one company 3 that we have before us, or if there's actually a problem 4 with this pipeline. I just don't know much about it. 5 JUDGE HENNEKE: The controversy in this one 6 is the change in use. 7 MR. VAN BAVEL: Yes. 8 JUDGE HENNEKE: From crude oil to gasoline, 9 gasoline being much more volatile, much more dangerous for 10 drinking water. And this is a pipeline that's had numerous 11 problems in its history. 12 COMMISSIONER WILLIAMS: And had been 13 abandoned, right? Now its being -- 14 MR. VAN BAVEL: Not being used. 15 JUDGE HENNEKE: Yes. 16 MR. VAN BAVEL: The word "abandoned" -- 17 JUDGE HENNEKE: But the main issue is the 18 change in use. If they hadn't wanted to change the use, the 19 issue never would have come up. 20 MR. VAN BAVEL: But what we would like to see 21 is the E.P.A. fully investigate this and have public 22 hearings and take account of every rule that applies in this 23 particular area. 24 COMMISSIONER LETZ: So, basically, we're 25 asking E.P.A. to look into it further before they approve 73 1 this to make sure it's safe? 2 JUDGE HENNEKE: Correct. 3 COMMISSIONER LETZ: Okay. 4 MR. VAN BAVEL: If they don't feel it's safe, 5 deny the permit. 6 JUDGE HENNEKE: Motion as amended has been 7 made and seconded. All in favor, raise your right hand. 8 (The motion was carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. Thank you. 12 MR. VAN BAVEL: Thank you very much. 13 JUDGE HENNEKE: Next is Item 2.13, consider 14 and discuss selection of professional services provider for 15 the Year 2000 Census Redistricting. If I can summarize 16 briefly, we have four proposals before us. We have a 17 proposal from the law firm of -- I'll get to it here -- in 18 San Antonio, Rios and -- the offices of Rolando L. Rios, 19 which would charge the County a flat fee of $10,000 for 20 preparing the necessary maps for redistricting. Their 21 proposal does not include their attendance at any public 22 hearings. And, it was also brought out during the workshop 23 we had on this topic that this law firm is currently 24 representing the plaintiffs in a suit against the City of 25 Kerrville over redistricting. 74 1 Second proposal we have is from the 2 Bickerstaff firm to do the work on an hourly basis, with the 3 hourly rates being described in the proposal, maximum of 4 $195 an hour. The third proposal we have is also from the 5 Bickerstaff law firm, and it is for the same services, fixed 6 rate of $20,000, which would be a maximum of three 7 appearances at public hearings, and they have offered to -- 8 they've offered to, I believe, prepare four different maps 9 for us. 10 And, the fourth proposal is from Allison Bass 11 Associates, which is to charge the County a flat fee of 12 $30,000, and also conduct three public hearings and prepare, 13 I believe, three different maps, redistricting proposals. I 14 believe we need to go ahead and lock somebody in so we can 15 have their services available in the coming year. Most of 16 this activity will not be until next spring at the earliest. 17 What's the pleasure of the Court? 18 COMMISSIONER WILLIAMS: I think we ought to 19 move ahead with it. The question is, which one do you like 20 the best and which proposal do you like the best? I believe 21 I sort of favor the revised Bickerstaff Heath proposal. 22 COMMISSIONER GRIFFIN: Fixed price, yeah. 23 The fixed price proposal from Bickerstaff, yeah. 24 COMMISSIONER LETZ: I wish Allison and 25 Associates wasn't so expensive; I would have liked to use 75 1 them. But, that additional $10,000, I don't see how you 2 can -- 3 JUDGE HENNEKE: And, you know, at the 4 workshop, each of the firms was given an opportunity to 5 revise their proposal. The only response we received was 6 from Bickerstaff, which was to insert a fixed fee proposal 7 into the hopper. So -- 8 COMMISSIONER BALDWIN: I'm certainly there 9 with the Bickerstaff and the fixed $20,000. 10 JUDGE HENNEKE: Is that in the form of a 11 motion? 12 COMMISSIONER BALDWIN: Yes, it certainly was. 13 COMMISSIONER GRIFFIN: I'll second that. 14 JUDGE HENNEKE: Moved by Commissioner 15 Baldwin, seconded by Commissioner Griffin, that the Court 16 accept the proposal from Bickerstaff Heath for a fixed fee 17 contract of $20,000 to provide professional services in 18 connection with next year's redistricting and authorize the 19 County Judge to negotiate and execute the contract. Any 20 further discussion? If not, all in favor, raise your right 21 hand. 22 (The motion was carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Next topic on the agenda is 76 1 consider and discuss proposed settlement of litigation 2 styled County of Kerr vs. Distefano/Santropetro Architects, 3 Inc., et al. At this time, the Court will go into closed 4 meeting to consider this subject. At the conclusion of the 5 closed meeting, we'll come back into open session and take 6 any action that's required at that time. Mr. Stacy? 7 MR. STACY: Could I give you a little history 8 on that before you shut off discussion, since I was there? 9 Y'all weren't there. 10 JUDGE HENNEKE: If we can keep it brief. 11 MR. STACY: All right, I'll be very brief. 12 Gentlemen, you weren't there and I was, so this doesn't 13 discuss -- doesn't consider -- I mean, you shouldn't consider 14 anything. But, the history of it is -- is that the building 15 that was built out there was not the building that was 16 approved by Commissioners Court. The building that 17 Commissioners Court approved was a -- a wheel, and 18 Mr. Distefano told us when it was full -- with that design, 19 when it was full to 190-some-odd prisoners, we don't have to 20 hire but two more jailers. 21 When I saw what was done out there, I asked 22 where the plans were. And -- because when I left that 23 Judge's office, the plans and specifications were in that 24 office, and presumably they were -- the plans and 25 specifications were in the Clerk's office. Now, any 77 1 Commissioner that wanted to could have gone and gotten those 2 plans to look at them, and the plans could have been -- or 3 the County Clerk. The plans that were approved by the 4 Commissioners Court had a seal on it, and the plans that were 5 in the Clerk's office or the plans that are in the 6 judicial -- Crump's office in Austin did not have the seal on 7 it. Every single sheet of the plans had to have a 8 professional seal. It's my understanding they weren't on 9 there. So, what I'm saying is, the County has bought 10 something that wasn't approved by Commissioners Court. 11 Now, if you want to go ahead and do whatever 12 you want about -- about the litigation, that's another story. 13 JUDGE HENNEKE: Okay. Well, that's the topic 14 tonight. Does anyone have any questions? 15 COMMISSIONER BALDWIN: When are we going into 16 closed session? 17 JUDGE HENNEKE: Right now. 18 COMMISSIONER BALDWIN: Okay. 19 JUDGE HENNEKE: Thank you. This will be 20 brief. We do have one other item to take up when we come 21 back, which is approve the surplus property. 22 (The open meeting was closed at 8:16 p.m., and an Executive Session was held, the 23 transcript of which is contained in a separate document.) 24 - - - - - - - - - - 25 JUDGE HENNEKE: Commissioners Court will now 78 1 return to open session. We have discussed in closed session 2 a proposed settlement of the litigation with the architect 3 and/or contractor on the Kerr County Law Enforcement Center. 4 Mr. Pollard, it's my understanding, speaking on behalf of 5 the Court, that it's been proposed that both sides to this 6 lawsuit execute mutual releases of all claims except for the 7 County reserving the right to assert any claims arising from 8 structural defects in the construction. Is that your 9 understanding of the proposal? 10 MR. POLLARD: That's my understanding, Your 11 Honor. 12 JUDGE HENNEKE: So, in other words, that 13 would allow us to essentially recoup any serious problems 14 that might arise from structural defects? 15 MR. POLLARD: That's my understanding, as 16 explained by Mr. Javore. 17 JUDGE HENNEKE: All right. Based on your 18 conversations with Mr. Javore, do you recommend settlement 19 at this time? 20 MR. POLLARD: I recommend the settlement in 21 the form of the papers he sent up here, Judge. 22 JUDGE HENNEKE: All right. You've presented 23 us with documentation from our Auditor, Mr. Tomlinson, 24 indicating that we have spent in excess of $63,000 -- almost 25 $64,000 on legal fees, engineering and consulting fees in 79 1 the course of this litigation. 2 MR. POLLARD: That is true. 3 JUDGE HENNEKE: What is your best estimate, 4 based on your discussion with our attorneys in San Antonio 5 and your own review, as to what the maximum likely damages 6 we could get in this lawsuit if we were to prevail on all 7 remaining counts? 8 MR. POLLARD: Based on defense counsel's 9 estimate, it could be as high, in a best-case scenario, of 10 $50,000, all the way down to nothing. There were 11 substantial possible defenses raised by the defendant -- or 12 defendants in the case, so, thirty -- really, about $34,000 13 are really the realistic figures for damages, and there were 14 quite a few defenses to those. So, somewhere between zero 15 and $34,000. You never know what happens when you go to 16 trial, Judge. 17 JUDGE HENNEKE: Could you give us a ballpark 18 estimate of the expenses the County would incur in taking 19 this litigation to final resolution? 20 MR. POLLARD: I think it's reasonable to 21 estimate those of probably $30,000, $35,000, $40,000 as the 22 expenses, legal fees, and expert witness fees that would be 23 incurred in trying to collect that -- whatever figure it is, 24 $18,000, $20,000, $22,000 or whatever. 25 JUDGE HENNEKE: So, it's your report that if 80 1 you take this to trial, it will probably cost us an 2 additional $40,000 on top of the $67,000 we've already spent 3 in order to recover possibly as much as $34,000? 4 MR. POLLARD: Yes, sir. 5 JUDGE HENNEKE: Does anyone have any 6 questions or comments for Mr. Pollard? 7 MR. POLLARD: That's in addition to the 8 $63,994 that's already been spent. 9 JUDGE HENNEKE: Right. 10 COMMISSIONER LETZ: I'll make a motion we 11 accept the settlement proposal as proposed. 12 COMMISSIONER GRIFFIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner Letz, 14 seconded by Commissioner Griffin, that we accept the 15 proposal to settle the litigation and authorize the County 16 Judge to sign the appropriate documents at such time as 17 they've been executed and approved by the other parties. 18 Any further discussion? 19 COMMISSIONER WILLIAMS: I just have one 20 question. I want to make sure that what I'm reading is 21 correct. In the Motion for Nonsuit, defendant requests the 22 Court to dismiss the claim "with prejudice." That means he 23 cannot come back on us? 24 MR. POLLARD: With prejudice? Yes. 25 COMMISSIONER WILLIAMS: Thank you. 81 1 MR. POLLARD: Yes, sir. 2 JUDGE HENNEKE: Any other questions or 3 comments? If not, all in favor, raise your right hands. 4 (The motion was carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Thank you, Mr. Pollard. 8 MR. POLLARD: Thank you. May I be excused? 9 JUDGE HENNEKE: Yes, you may. We have one 10 additional item to take up. It's Item Number 6, which is to 11 consider and discuss the list of property to be determined 12 surplus and sold on March the 11th, Year 2000. 13 MR. TOMLINSON: By the looks of this list, 14 I'm sure we'll recoup our $63,000. 15 (Laughter.) 16 JUDGE HENNEKE: I believe we all have a list 17 in front of us. Tommy, is there anything you want to tell 18 us about the list? 19 COMMISSIONER WILLIAMS: Where's the good 20 stuff? 21 MR. TOMLINSON: Well, Glenn Holekamp and I 22 jointly did this list, along with some help from department 23 heads. I think the description is complete as to the 24 description of the property. I have yet to complete the 25 column under "Condition" because I haven't -- I haven't 82 1 visited with all the department heads as of yet to find out 2 the true -- true condition. So, I'm going to -- I want to 3 have that available when the -- at the sale, so, you know, 4 the potential buyers will know -- have some idea of what the 5 -- what it's like. 6 JUDGE HENNEKE: Any questions or comments 7 regarding the list to be declared surplus? 8 COMMISSIONER BALDWIN: What do we do? Just 9 adopt Tommy's list and declare it surplus property? 10 JUDGE HENNEKE: Yes. We -- 11 COMMISSIONER BALDWIN: Is that close enough 12 to a motion right there, or -- 13 JUDGE HENNEKE: I'll accept it. 14 COMMISSIONER BALDWIN: I'd like to make that 15 motion. 16 COMMISSIONER GRIFFIN: Second. 17 JUDGE HENNEKE: Moved by Commissioner 18 Baldwin, second by Commissioner Griffin, that the Court 19 declare the property outlined in the submission by the 20 Auditor to be surplus, and direct it to be placed in the 21 sale previously scheduled for March 11th, Year 2000. Any 22 further discussion? 23 COMMISSIONER GRIFFIN: At the Ag Barn? 24 JUDGE HENNEKE: At the Ag Barn. 25 MR. TOMLINSON: Right. 83 1 JUDGE HENNEKE: Any further discussion? If 2 not, all in favor, raise your right hand. 3 (The motion was carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. If there's 7 no other business to come before this Court, we stand 8 adjourned. 9 (Commissioners Court adjourned at 8:45 p.m.) 10 - - - - - - - - - - 11 STATE OF TEXAS | 12 COUNTY OF KERR | 13 The above and foregoing is a true and complete 14 transcription of my stenotype notes taken in my capacity as 15 County Clerk of the Commissioners Court of Kerr County, 16 Texas, at the time and place heretofore set forth. 17 DATED at Kerrville, Texas, this 2nd day of March, 2000. 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25