1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, July 10, 2000 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: 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 July 10, 2000 PAGE 2 --- Commissioners' Comments 4 3 1.1 Pay Bills 7 1.2 Budget Amendments 8 4 1.3 Late Bills 22 1.4 Read and Approve Minutes 22 5 2.1 Eliminate Administrative Lieutenant position 6 and create 4th Investigator position 23 7 2.2 Discuss appointment of LLEBG Advisory Board 24 8 2.3 Appointment of County Election Judges and Alternate Judges for 2-year term 27 9 2.4 Recommended list of polling locations 32 10 2.5 Resolution for filing grant application with 11 AACOG for Regional Solid Waste grant 35 12 2.6 Discuss purchase of laptop computer & accessories for Commissioners Court presentations 38 13 2.7 Discuss resurfacing courthouse square inner 14 roadway & development of two parking areas 43 15 2.8 Discuss installing historical marker on county right-of-way on Cade Loop 55 16 2.9 Procedures recommended by County Attorney for 17 contempt actions on floodplain violations 66 18 2.10 Discuss Kerr County Park Rules & Regulations and set public hearing on same 76 19 2.11 Discuss accepting free energy survey conducted 20 by Texas Energy Engineering Services, Inc. 87 21 2.12 Discuss appointing 2 representatives to AACOG Rural Public Transportation Advisory Committee 92 22 2.13 Discuss participation in Texas Counties Storm 23 Water Coalition 97 24 4.1 Action required on Executive Session matters 99 25 --- Adjourned 100 3 1 On Monday, July 10, 2000, at 9:00 a.m., a regular meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: It's 9 o'clock on Monday, 7 July 10th, and we'll call to order this regular meeting of 8 the Kerr County Commissioners Court. Jonathan? You have 9 the honors this morning. 10 COMMISSIONER LETZ: Yes, I do. 11 JUDGE HENNEKE: All right. 12 COMMISSIONER LETZ: I'd like to introduce a 13 good friend of mine. He's a 1997 graduate of Tivy High 14 School. Currently, he'll be a senior at Sul Ross 15 University, a young man of tremendous faith and leadership 16 skills, Raymond Richardson. Raymond? 17 (Prayer and pledge of allegiance.) 18 JUDGE HENNEKE: Thank you. 19 COMMISSIONER BALDWIN: Thank you, Raymond. 20 COMMISSIONER LETZ: Thank you, Raymond. 21 JUDGE HENNEKE: At this time, any citizen 22 wishing to address the Court on an item not listed on the 23 regular agenda may come forward and do so. Is there anyone 24 who'd like to address the Court on an item not listed on the 25 regular agenda? Seeing no citizen wishing to address the 4 1 Court, we'll move to comments, and the Judge is going to 2 exercise his prerogative and go forward this morning. I 3 think it's with a great deal of pride that we recognize and 4 congratulate our own Buster Baldwin for having been elected 5 President of the South Texas Commissioners and Judges 6 Association. 7 (Applause.) 8 JUDGE HENNEKE: We're very proud of Buster. 9 COMMISSIONER BALDWIN: Does that mean I get a 10 raise? More than y'all? 11 COMMISSIONER WILLIAMS: Yeah. 12 JUDGE HENNEKE: All it takes is two more 13 votes, Buster. 14 COMMISSIONER BALDWIN: Really? 15 JUDGE HENNEKE: We're proud of Buster. He 16 and Thea ably organized a very efficient conference over in 17 Austin at the end of June, and we look forward to his 18 presiding over the convention, which will be held in -- 19 unfortunately, in Beaumont -- 20 COMMISSIONER WILLIAMS: How'd you do that? 21 JUDGE HENNEKE: -- next summer. Our 22 congratulations to Buster. Well-deserved. 23 COMMISSIONER BALDWIN: Thank you. 24 JUDGE HENNEKE: I also wanted to remind 25 everyone of the budget workshops, which start tomorrow 5 1 afternoon at 1:30. It's an ambitious schedule, but we'll 2 get through it this week and then have the luxury of time to 3 review the requests, to match them up with the revenues that 4 we anticipate. As always, it will be a difficult 5 opportunity, difficult challenge to match scarce resources 6 with increasing and well-deserved demands. And we will be 7 listening intently to the presentations by the elected 8 officials so that we can make decisions that will benefit 9 everyone. As we all know, one of the main focuses of this 10 year's budget is going to be the compensation and 11 classification exercise on behalf of all the County 12 employees that we engaged Nash and Company to help us with, 13 the result of which should be in, certainly, within the next 14 week or two. 15 Also, I think it's worthy of taking note of 16 the water situation. For all of you who may not have read 17 the paper, may not have known, all water rights on the 18 Guadalupe, except basically for the City of Kerrville, have 19 been suspended between the Headwaters and Comfort. Now, 20 when they're going to get around to the area between Comfort 21 and Canyon Lake, I don't know, but it seems like we have 22 been chosen as the ones to be the leading edge of the fight 23 against the dry conditions, and we'll encourage everyone to 24 take note of that and use water wisely, as it is a 25 diminishing resource and one that we cannot do without. So, 6 1 without any further ado, I'll turn it over to Commissioner 2 Letz. 3 COMMISSIONER LETZ: Just one comment. 4 Congratulations to the Kerrville Little League. Last night 5 they beat Fredericksburg and are continuing to do the -- 6 unfortunately, in the losers bracket, but district 7 tournament, which is here in Kerrville. We had a resounding 8 15-to-5 victory last night. And I'd like to thank Buster 9 for announcing the game. I was surprised when he showed up. 10 He was up there and I said, "I know that voice from 11 somewhere." Thank you, Buster. That's it. Larry? 12 COMMISSIONER GRIFFIN: I would just like to 13 mention the article that was in the Saturday-Sunday 14 Kerrville Times by Mark Lloyd. I would recommend it for 15 reading by anyone, as Mark leaves the area and talks about 16 the river and -- and his experience and his very important 17 comments in regard to taking care of the river. I thought 18 it was an excellent article and something that's worthwhile 19 for everybody to see. 20 JUDGE HENNEKE: Buster? 21 COMMISSIONER BALDWIN: I have no comments 22 left, thank you. 23 JUDGE HENNEKE: Bill? 24 COMMISSIONER WILLIAMS: I'd just like to read 25 a note into the record from the Tivy High School 7 1 cheerleaders, addressed to the Commissioners. Thank you for 2 your generosity. The Tivy High School cheerleaders had 3 another successful garage sale on the Kerr County Courthouse 4 lawn on Saturday, June 24th, 2000. The Tivy High School 5 cheerleaders support the high school youth athletic events 6 in Kerrville, and with the persistence of community leaders 7 like yourselves, we are able to continue the tradition of 8 "Tivy fight never dies." It's signed by all the young 9 folks. I'll pass that around for you to get a look at. 10 COMMISSIONER BALDWIN: Gosh. 11 JUDGE HENNEKE: Anything else? One final 12 note before we start the agenda. Our able administrative 13 assistant, Thea Sovil, is going on a well-deserved vacation, 14 at least in her mind. 15 (Laughter.) 16 JUDGE HENNEKE: Filling in for Thea during 17 the indefinite -- no, not indefinite -- the interminable 18 period of time is a graduate of Tivy High School, Tammy 19 Buettner, who graduated from Howard Payne University with 20 honors this past May and will be attending SMU Law School 21 starting in August. Tammy has filled in for Thea before, 22 and we're glad to have her assistance. So, be nice to her. 23 Okay. Moving right along, we'll take up the approval 24 agenda. Do we have any bills to pay, Mr. Auditor? Does 25 anybody have any questions or comments about the bills as 8 1 presented by the Auditor? 2 COMMISSIONER BALDWIN: I move we pay the 3 bills. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Moved by Commissioner 6 Baldwin, seconded by Commissioner Griffin, that we approve 7 payment of the bills as recommended by the Auditor. Any 8 further questions or comments? If not, all in favor, raise 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. Budget 14 amendments. Number 1 is for the County Jail. 15 MR. TOMLINSON: This amendment is a request 16 from the Sheriff to transfer $128.10 from Office Supplies to 17 Lease Copier. 18 JUDGE HENNEKE: Any questions or comments? 19 COMMISSIONER WILLIAMS: So moved. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Moved by Commissioner 22 Williams, seconded by Commissioner Griffin, that we approve 23 Budget Amendment Request Number 1 for the County Jail. All 24 in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 9 1 JUDGE HENNEKE: All opposed -- 2 COMMISSIONER BALDWIN: Tommy, that was just 3 an over -- I'm sorry, Judge. Was that just an oversight in 4 the budgeting process last year? 5 MR. TOMLINSON: Well -- 6 SHERIFF HIERHOLZER: The Jail is making more 7 copies than, I think, they had anticipated during the 8 original budget stuff. 9 MR. TOMLINSON: I think we'll have to do this 10 again. 11 COMMISSIONER BALDWIN: Didn't have anything 12 to do with actually leasing the -- the leasing? 13 MR. TOMLINSON: No, it was already in place. 14 COMMISSIONER BALDWIN: All right. 15 JUDGE HENNEKE: Budget Amendment Number 2 is 16 for the Courts Collection Department. 17 MR. TOMLINSON: This is a request from the 18 District Clerk to transfer $5,205.95 from Deputy Clerk 19 Salary, $4,836 into the Collections Department's Part-Time 20 Salary, and $369.95 into FICA for the Collections 21 Department. 22 COMMISSIONER LETZ: The Courts Collection 23 Department, is that Russ Duncan's department? 24 MR. TOMLINSON: Yes, that's correct. 25 COMMISSIONER LETZ: Okay. 10 1 JUDGE HENNEKE: Any questions or comments? 2 COMMISSIONER GRIFFIN: Question. Why is that 3 unexpended budget balance that large? 4 COMMISSIONER LETZ: Didn't hire -- 5 JUDGE HENNEKE: We allocated two 6 additional -- 7 COMMISSIONER GRIFFIN: Oh, that's for the -- 8 JUDGE HENNEKE: -- for the District Clerk, in 9 anticipation of completion of the Annex renovation. 10 COMMISSIONER GRIFFIN: I take my question 11 back. I know that history well. 12 COMMISSIONER WILLIAMS: So, this would be 13 another employee in that group? 14 JUDGE HENNEKE: No, this is just a -- to pay 15 the part-time salary of -- I believe it's Brad Alford. 16 MR. TOMLINSON: This is a person that's 17 already there. 18 JUDGE HENNEKE: For the remainder of the 19 budget year. 20 COMMISSIONER WILLIAMS: So it is another 21 employee in that department. 22 MR. TOMLINSON: The employee was already 23 there. The part-time person is already there. This is a -- 24 apparently, this is to finish the budget year. 25 COMMISSIONER LETZ: I guess -- I mean, it 11 1 seems like it's an odd place for the money to come from. 2 It's something that Linda -- signed by Linda, so I'm 3 assuming Linda wants this money transferred from her budget 4 into a different department? 5 MR. TOMLINSON: That's correct. 6 COMMISSIONER LETZ: But the effect on next 7 year's budget -- I mean, this goes hand-in-hand -- usually, 8 when we are working with staff, that we're going to have -- 9 we're basically increasing the size of the Collections 10 Department. That's kind of, I think, what Bill was hinting 11 at. 12 JUDGE HENNEKE: As you look at it -- I'm sure 13 you have your budget requests -- the Collections Department 14 has requested a full-time Collections Manager for next year, 15 which would be this individual. Or -- 16 COMMISSIONER GRIFFIN: No. 17 JUDGE HENNEKE: -- position. This position. 18 So, that would be addressed during the budget discussions. 19 COMMISSIONER BALDWIN: And I hope we have 20 some very careful talks with the Collection Department about 21 not only this $4,800 addition here, but there's one later 22 on, even more. So, we need to note, the department's a year 23 old and we're already adding on pretty heavy. Be careful. 24 COMMISSIONER LETZ: And, I guess I've got a 25 bit of a problem with this one. I'll probably go along with 12 1 it, but I'm kind of -- I agree with Buster, from the 2 standpoint that I'm pretty leery of -- of letting this one 3 department increase its staff when we have a lot of offices 4 that are petty short-staffed. And I'm not sure if I have to 5 start prioritizing; I just don't want that department to 6 think this means that I'm in favor of -- or leaning towards 7 giving them more people next year, because we have to look 8 at the -- I think we need to first take care of our current 9 employees and then look at all departments, where the 10 staffing is needed, and look at it that way, not just all of 11 a sudden do a budget amendment and increase staff over 12 there. 13 COMMISSIONER GRIFFIN: Hear, hear. 14 COMMISSIONER LETZ: That's, I guess, my 15 position, is that out-of-budget portion of this -- I kind of 16 really would like to have in Russ come up here and explain 17 why they want it and Linda to explain why they need it. 18 COMMISSIONER BALDWIN: I think what had 19 happened -- I think what had happened is he hired this 20 part-time guy -- not necessarily part-time -- three hours a 21 day, but part-time up through a certain period through the 22 year, I believe is what had happened. And now he -- now 23 that is completed, and he wants to complete the year. 24 COMMISSIONER LETZ: That's what the budget is 25 for. 13 1 COMMISSIONER BALDWIN: I understand. 2 COMMISSIONER GRIFFIN: Well, I think I would 3 agree that the discussion in the budget ought to be if there 4 should be another person in that department, just as we 5 would for any department. Number two is, if there is, how 6 will that position be staffed and what would the duties and 7 functions of that person be? Because we don't really know 8 that. 9 JUDGE HENNEKE: Well, that's -- that's part 10 of the budget request. When you look at your material from 11 the Collections Department, be sure and look and analyze 12 closely the amount of additional revenue the Collections 13 Department is generating for Kerr County. 14 COMMISSIONER GRIFFIN: Oh, yeah. 15 JUDGE HENNEKE: To the magnitude of $350,000, 16 $400,000. But these are all discussions that we need to 17 have when we do the budget review. The issue before us is 18 whether we permit the District Clerk to transfer money to 19 the Collections Department to keep that person. 20 COMMISSIONER GRIFFIN: I'll move we approve 21 the budget amendment. 22 MS. NEMEC: Judge, it's my understanding that 23 Linda has agreed to move this money because the part-timer 24 has increased the collections for the district courts, and 25 so she was willing to put the money that she wasn't using 14 1 into that part-time salary in return for more revenue 2 collections, is what the budget amendment is for. 3 JUDGE HENNEKE: Okay. Thank you, Barbara. 4 COMMISSIONER WILLIAMS: Has that been moved? 5 COMMISSIONER GRIFFIN: I moved that we 6 approve. 7 COMMISSIONER WILLIAMS: I'll second it. 8 JUDGE HENNEKE: Moved by Commissioner 9 Griffin, seconded by Commissioner Williams, that we approve 10 Budget Amendment Request Number 2 for the Court Collections 11 Department. Any further discussion? If not -- 12 COMMISSIONER WILLIAMS: I do believe that a 13 full-time -- when we enter the budget process, that a real 14 explanation needs to be forthcoming in terms of the level of 15 manpower that's going to be required for the department. 16 JUDGE HENNEKE: I'm sure you guys will get 17 that. Any further questions or comments? If not, all in 18 favor, raise your right hand. 19 (Commissioners Baldwin, Williams, and Griffin indicated by raised hand that they were in 20 favor of the motion.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (Commissioner Letz indicated by raised hand that he was opposed to the motion.) 23 24 JUDGE HENNEKE: Motion carries. Next item is 25 Item Number -- Budget Amendment Request Number 3 from the 15 1 County Clerk's office. 2 MR. TOMLINSON: This request is to transfer 3 $3,000 from Part-Time Salaries to -- no, I'm sorry, from 4 Deputy Salaries to Part-Time Salaries. 5 JUDGE HENNEKE: There is an explanation 6 attached which indicates that it's to pay for a part-time 7 person to replace someone who's on family leave. 8 COMMISSIONER LETZ: So moved. 9 COMMISSIONER GRIFFIN: Second. 10 JUDGE HENNEKE: Moved by Commissioner Letz, 11 seconded by Commissioner Griffin, that we approve Budget 12 Amendment Request Number 3 for the County Clerk's office. 13 Any further questions? If not, all in favor, raise your 14 right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Number 4 19 relates to the Commissioners Court. 20 MR. TOMLINSON: We have -- all notices that 21 go out for employment or bids or whatever go through this 22 line item, and we're currently -- we have a zero balance in 23 that -- in that account. So, we have one bill today for 24 $85.88. There's an option as to where to take this from. 25 There's -- it's small enough, it could come from -- from 16 1 Contingency or -- or even Professional Fees, I believe. I 2 believe there's enough in -- in that account. There might 3 even be $85 in -- in the telephone line item, remainder of 4 the year. I think that we need to -- to keep our 5 Contingency for -- for something that -- that's a major 6 problem. I know we're -- we're out of money in -- in the 7 account that we would replace computers and peripheral 8 equipment with. I've already mentioned this in Court once 9 before, but we have -- we have three more months to go, 10 and -- and it seems like every week we have -- we have 11 something to replace; either, you know, a hard drive or a 12 monitor or a keyboard or -- or either a computer. So, in 13 three month's time, I think we'll use the -- what's left in 14 the Contingency line item. 15 COMMISSIONER BALDWIN: So, you're 16 recommending that we get it out of Professional Fees? 17 MR. TOMLINSON: That would be my choice. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Moved by Commissioner 21 Baldwin, seconded by Commissioner Griffin, that we approve 22 Budget Amendment Request Number 4 for Commissioners Court 23 and take the $85.88 from the Professional Fees line item. 24 Any further questions or comments? If not, all in favor, 25 raise your right hand. 17 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: All opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Budget 5 Amendment Number 5 is from Jail -- the Jail Maintenance. 6 MR. TOMLINSON: Okay. The current bills 7 total $402.44 for jail maintenance. At the last Court, we 8 opted to move funds from the Radio line item -- I believe 9 that's correct. If that's what you want to do again, I 10 think we can do that. 11 COMMISSIONER BALDWIN: I think we're 12 overlooking an option here of taking it out of the Sheriff's 13 salary, though. I mean, consider that. 14 COMMISSIONER LETZ: Is there any -- the 15 Jailer -- how about Jailer Salaries? 16 SHERIFF HIERHOLZER: No, because y'all had 17 authorized those five additional that haven't come out yet, 18 either. 19 COMMISSIONER LETZ: Okay. 20 SHERIFF HIERHOLZER: The jailers' salaries 21 are going to have to come from somewhere towards the end of 22 this budget. 23 COMMISSIONER GRIFFIN: I move that we pay 24 this out of the radio funds line item. 25 COMMISSIONER BALDWIN: I second it. 18 1 JUDGE HENNEKE: Moved by Commissioner 2 Griffin, seconded by Commissioner Baldwin, that we approve 3 Budget Amendment Request Number 5 for the Jail Maintenance, 4 such funds to come from the Radio Communications line item. 5 Any further discussion? If not, all in favor, raise your 6 right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Number 6 11 relates to the Jail and the Sheriff's Department. 12 MR. TOMLINSON: This is a request from the 13 Sheriff. Actually, it's for various problems. One request 14 is to transfer $105.47 from Maintenance Contracts to Lease 15 Copier. Essentially the same problem as the one -- as the 16 other -- as the first one. $38.06 from Office Supplies to 17 Computer Supplies, and $2,286.61 from Jailer Salaries to 18 Part-Time Salaries. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE HENNEKE: Moved by Commissioner Letz, 22 seconded by Commissioner Baldwin, that we approve Budget 23 Amendment Request Number 6 for the Sheriff's Department and 24 the County Jail. Any further questions? If not, all in 25 favor, raise your right hand. 19 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: All opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Number 7 5 relates to the Tax Assessor's department. 6 MR. TOMLINSON: This is a transfer from 7 Nondepartmental to the Tax Assessor's office for the payment 8 of the last -- the last quarter's maintenance for software. 9 She's requesting a transfer of $2,225 from Computer Supplies 10 out of -- out of Nondepartmental, and $91.80 out of 11 Miscellaneous into Software Maintenance in the Tax 12 Collector's budget. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER GRIFFIN: Second. 15 JUDGE HENNEKE: Moved by Commissioner 16 Baldwin, seconded by Commissioner Griffin, that we approve 17 Budget Amendment Request Number 7 for the Tax Assessor's 18 office. Any further questions? If not, all in favor, raise 19 your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Number 8 24 relates, again, to the Courts Collection Department. 25 MR. TOMLINSON: Okay. This amendment is 20 1 approved by Judge Brown to transfer $300 from Conferences 2 into -- to $300 in Telephone for the Courts Collection 3 Department. 4 COMMISSIONER LETZ: So moved. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE HENNEKE: Moved by Commissioner Letz, 7 seconded by Commissioner Williams, that we approve Budget 8 Amendment Request Number 8 for the Courts Collection 9 Department. Any further questions? If not, all in favor, 10 raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. Number 9 15 relates to the tax anticipation note. 16 MR. TOMLINSON: Okay. This -- this problem 17 is actually a budget oversight for this fiscal year. Chase 18 Bank is the paying agent for -- for this tax anticipation 19 note. There's always an administrative fee for that 20 service, and it was not budgeted for the -- for this year. 21 I have a bill for $768.50. I'm recommending that we 22 increase the budget for this interest-seeking fund to pay 23 for that administrative fee. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER GRIFFIN: Second. 21 1 JUDGE HENNEKE: Moved by Commissioner Letz, 2 seconded by Commissioner Griffin, that we approve Budget 3 Amendment Request Number 9 for service fee for tax 4 anticipation note, to declare an emergency and take those 5 funds from Surplus. Any further questions? 6 COMMISSIONER LETZ: Judge, for the record, 7 it's coming from surplus funds for that fund. 8 JUDGE HENNEKE: Correct, thank you. 9 COMMISSIONER BALDWIN: It is? 10 MR. TOMLINSON: Yes. 11 COMMISSIONER BALDWIN: Okay. 12 MR. TOMLINSON: Yes, it is. 13 COMMISSIONER BALDWIN: Does that require 14 declaring an emergency? 15 COMMISSIONER LETZ: He did. 16 COMMISSIONER BALDWIN: I'm just asking, does 17 it? 18 JUDGE HENNEKE: Yes, it does. Any time you 19 take money out of Surplus, you have to declare an emergency. 20 Any other questions? If not, all in favor, raise your right 21 hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Any more, 22 1 Tommy? 2 MR. TOMLINSON: No, that's all. 3 JUDGE HENNEKE: Any late bills? 4 MR. TOMLINSON: I have one, from Commissioner 5 Griffin, for $233.61. It's reimbursement for conference 6 expenses. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Baldwin, second by Commissioner Williams, that we approve -- 11 COMMISSIONER BALDWIN: That's my buddy. 12 JUDGE HENNEKE: -- late bill for Commissioner 13 Griffin for conference expenses. Any further questions or 14 comments? If not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 COMMISSIONER GRIFFIN: Abstain. 18 JUDGE HENNEKE: Show one abstention. Okay, 19 waive reading and approve minutes. At this time, I would 20 entertain a motion to waive reading and approve the minutes 21 of the regular session held on June 15th and the special 22 session held on June 26th. 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE HENNEKE: Moved by Commissioner 23 1 Williams, seconded by Commissioner Baldwin, that we waive 2 reading and approve the minutes of the Kerr County 3 Commissioners Court regular session held on Monday, 4 June 12th, Year 2000, and the Kerr County Commissioners 5 Court Special Session held on Monday, June 26th, Year 2000. 6 Any further questions or comments? If not, all in favor, 7 raise your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: We do not have any monthly 12 reports to approve at this time, so we'll pass on that item, 13 but we'll remind the department heads that they need to get 14 those reports in on a timely basis. First item for 15 consideration is Item Number 1, which is from the Sheriff's 16 Department. Consider and discuss the elimination of the 17 Administrative Lieutenant position and creation of a fourth 18 Investigator position. Sheriff? 19 SHERIFF HIERHOLZER: What this is is just 20 part of the realignments, and in, I guess, simple ways, you 21 know, doing away with some of the chiefs and get more 22 indians. We're -- we've always been short for a number of 23 years with the number of investigators we had. We've had 24 three investigators. I'd like to create the fourth 25 investigator's position, but, in doing so, do away with the 24 1 Administrative Lieutenant's position, because I believe the 2 Chief Deputy can take care of most of those duties, plus it 3 will drop that salary a little. So, it's not a budget 4 increase or anything else. 5 COMMISSIONER WILLIAMS: Question, Sheriff. 6 Does this mean that the individual that you're reassigning 7 will take a cut in pay? 8 SHERIFF HIERHOLZER: Yes. 9 COMMISSIONER GRIFFIN: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE HENNEKE: Moved by Commissioner 12 Griffin, seconded by Commissioner Baldwin, that we approve 13 the elimination of the Administrative Lieutenant position in 14 the Sheriff's Department and create a fourth Investigator's 15 position. Any further questions or comments? If not, all 16 in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. 21 SHERIFF HIERHOLZER: Thank you. 22 JUDGE HENNEKE: Item Number 2 is to consider 23 and discuss the appointment of the L.L.E.B.G. Advisory 24 Board. Y'all may recall, this is a board that has to be 25 created in conjunction with the grant. It has certain 25 1 statutory/regulatory requirements. Sheriff, have you had a 2 chance to make any recommendations for any -- any 3 recommendations regarding naming board members? 4 SHERIFF HIERHOLZER: Yes, I do. The police 5 representative on there, I would recommend being Rob 6 McCutcheon, patrol lieutenant with Kerrville Police 7 Department. Let's see. The court -- or the prosecutor's 8 office, I would recommend being the administrative assistant 9 over at Bruce Curry's office, Kay Brown. The court liaison 10 person we've talked to, and I'd recommend Carrie Witt from 11 up in the District Clerk's office that works with the 12 courts. The volunteer or religious type where, you know, 13 they assist with the -- with victims of crime or things like 14 that, I'd recommend Deanna Blackburn over at the Crisis 15 Council. And the school official, I'd recommend Eddie Hall 16 from up at -- 17 COMMISSIONER WILLIAMS: Who was that last 18 one? 19 SHERIFF HIERHOLZER: Is it Charlie Hall or 20 Eddie Hall up at Ingram? 21 JUDGE HENNEKE: Eddie. 22 SHERIFF HIERHOLZER: Eddie Hall. 23 COMMISSIONER LETZ: You've talked to all 24 these -- 25 SHERIFF HIERHOLZER: I spoke with all those 26 1 people; they've all agreed. 2 COMMISSIONER LETZ: All excited about this? 3 SHERIFF HIERHOLZER: We'll see. 4 COMMISSIONER BALDWIN: What kind of motion do 5 you need, Judge, to approve what? 6 JUDGE HENNEKE: Motion to appoint those 7 individuals to serve on the L.L.E.B.G. Advisory Board. 8 COMMISSIONER BALDWIN: I'd like to make that 9 motion, if I may. 10 COMMISSIONER WILLIAMS: Second. 11 JUDGE HENNEKE: Moved by Commissioner 12 Baldwin, seconded by Commissioner Williams, that we 13 approve -- appoint the following individuals to the 14 L.L.E.B.G. Advisory Board: Rob McCutcheon representing the 15 local police department, Kay Brown representing the local 16 prosecutor's office, Carrie Witt representing the local 17 court system, Eddie Hall representing the local school 18 system, and Deanna Blackburn representing a local, 19 nonprofit, educational, religious or community group active 20 in crime prevention. Any further questions or comments? If 21 not, all in favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Item 27 1 Number 3 is to consider discuss the appointment of the 2 county election judges and alternate judges for a term of 3 two years, per Section 32.002 of the Texas Election Code. 4 County Clerk. 5 MS. PIEPER: Gentlemen, per the Election 6 Code, the Republican County Chair and the Democratic County 7 Chair submit a list to me, and attached to this is the list 8 that I would like to recommend to y'all, through them, with 9 the exception of the election judge 113, Bruce Motheral. He 10 has expressed that he would rather have Jennie Motheral 11 replaced. 12 COMMISSIONER BALDWIN: I see. That's 13 Jeannie, isn't it? 14 MS. PIEPER: Yes, Jennie. 15 COMMISSIONER LETZ: Jeannie. 16 COMMISSIONER WILLIAMS: J-e-n-n-i-e. 17 COMMISSIONER LETZ: Oh, it's Jennie? 18 JUDGE HENNEKE: Mrs. Motheral. 19 COMMISSIONER WILLIAMS: Mrs. Motheral. I do 20 have a question, -- 21 MS. PIEPER: Okay. 22 COMMISSIONER WILLIAMS: -- Jannett, with 23 respect to the alternate judges list submitted by Mr. King. 24 Does the law require that those that he is suggesting must 25 live in the precinct that he is suggesting that they serve? 28 1 MS. PIEPER: Unless he cannot find anybody in 2 that precinct. Then he has the authority to go outside that 3 precinct. 4 COMMISSIONER WILLIAMS: Okay. 'Cause I note 5 there are three instances on his recommendations where the 6 individuals do not live in the precincts. 406, Wilma 7 Palmer, who lives in Precinct 1. Another is Paul Arreola, 8 he's calling for, 211, who lives in Precinct 3. And the 9 other is Jean Lowry, who's -- for 215, who lives, I believe, 10 in Precinct 4. 11 MS. PIEPER: I didn't question him on his 12 list, so I don't know what his reasoning is. 13 COMMISSIONER LETZ: I noticed the same thing. 14 I'm not sure of Richard Gore's full address; he has an 15 Ingram address for, I think, 308, and it's possible he has 16 his business in -- 303, Richard Gore. 17 COMMISSIONER WILLIAMS: Yeah. Okay. So, if 18 he's unable to fill it within the precinct, he can go out -- 19 MS. PIEPER: Yes, he can go outside the 20 precinct. 21 COMMISSIONER LETZ: The other question I had 22 was, up at the -- in the combining 308 and 303. 23 MS. PIEPER: Yes. 24 COMMISSIONER LETZ: There's been a lot of 25 opposition by the public because of the -- the difficulty 29 1 and the road layout to get from one -- from 303 to 308. I'm 2 just afraid that by combining those, it's going to cause a 3 lower voter turnout, probably in both those precincts, which 4 are very small, rural precincts. 5 MS. PIEPER: I'm estimating it's going to be 6 a higher turnout by different voters, because by having a 7 different location, I think people will be more apt to find 8 the location. I have yet to find Lane Valley School. And 9 me and both County Chairs drove all day long looking. 10 COMMISSIONER WILLIAMS: It only appears on 11 Election Day. 12 MS. PIEPER: Evidently. On Election Day, I 13 seen one large sign that said "Vote here," and I couldn't 14 even find a cattle barn. 15 COMMISSIONER BALDWIN: And this Calvary 16 Church, is that the one on the highway? 17 MS. PIEPER: This -- this is located on 18 Highway 27 between Center Point and Comfort. 19 COMMISSIONER LETZ: I don't think -- I mean, 20 I don't have a problem with 308 moving to that location, 21 which is where that is. My concern is more 303. You're 22 basically -- there's not a good way for people on Cypress 23 Creek, which is where most people in 303 live, to get to 24 308. I mean, you have to go into Comfort and back around, 25 and it's a cumbersome, long drive, and it's probably closer 30 1 almost for people in 303 to go to Kerrville. In fact, that 2 probably is closer to Kerrville for a lot of those people. 3 And I just -- you know, I hate to make a change that's going 4 to affect the voter turnout. 5 MS. PIEPER: I understand that. 6 COMMISSIONER WILLIAMS: Which one are we on? 7 COMMISSIONER LETZ: I'm talking about 303 and 8 308. 9 COMMISSIONER WILLIAMS: No, I'm talking about 10 which item on the agenda. 11 (Discussion off the record.) 12 COMMISSIONER LETZ: But on the procedure, we 13 accept the recommendations of the Chairs, correct? 14 JUDGE HENNEKE: That's it. 15 COMMISSIONER LETZ: We really -- if we cannot 16 accept the -- 17 MS. PIEPER: You do not have to accept the 18 recommendation of the Chair. 19 JUDGE HENNEKE: You just have to go out and 20 find your own election judge. 21 COMMISSIONER LETZ: Is there a -- I guess if 22 there's a -- can this be changed later, or is this set in 23 stone for -- 24 MS. PIEPER: If we change it, we need to 25 change it the next Commissioners Court meeting. It's best 31 1 that this is always approved in July. Why, I don't know. 2 Next election is not until November. 3 COMMISSIONER BALDWIN: Seems like there's 4 always one or two changes, anyway. 5 MS. PIEPER: Right. 6 COMMISSIONER LETZ: I don't have a -- I have 7 not talked with Marie about this, or with Streeter King, so 8 I don't -- let it go at this time and we'll try to get it 9 publicized and try to get some feedback between now and our 10 next Court meeting. 11 JUDGE HENNEKE: Do I have a motion to approve 12 the appointment of county election judges and alternate 13 judges? 14 COMMISSIONER GRIFFIN: So moved. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE HENNEKE: Moved by Commissioner 17 Griffin, seconded by Commissioner Williams, that we appoint 18 the county election judges and alternate judges for a term 19 of two years, as recommended by the Chair of the Kerr County 20 Republican party and the Chair of the Kerr County Democratic 21 party. Any further questions or comments? If not, all in 22 favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 32 1 JUDGE HENNEKE: Motion carries. Item Number 2 4 is to consider and discuss the recommended list of polling 3 locations per Section 43.002 of the Texas Election Code. 4 MS. PIEPER: Okay, gentlemen. This goes 5 hand-in-hand with our judges. This is their locations, and 6 I have gone out and tried to find better locations that will 7 suit the public. And it may not work, but this is my 8 recommendation. 101 is normally held at River Hills Mall, 9 and that's very hard for the people at River Hills Mall to 10 schedule an election. So, I talked to the VFW Hall that is 11 within this vicinity, and they have agreed to allow us to 12 use their facility for the day. 202 is normally at either 13 the Baptist church or the Methodist church in Center Point, 14 and I have talked to Mr. Young, and he has allowed to us use 15 his hall for the election. And then, of course 303 and 308, 16 we just discussed, Lane Valley and Cypress Creek, to change 17 it to the Calvary Temple. Other than that, we have 107, 18 which is normally at Turtle Creek Community Center, and I 19 have talked to the pastor at the Crossroads Baptist on 20 Highway 16, and I feel that that is in a better location 21 also. 22 JUDGE HENNEKE: Questions? Other comments? 23 COMMISSIONER WILLIAMS: Just a comment. Are 24 we set now on 215, moving it back to the Extension Office 25 meeting room? Because that really would be a preferred 33 1 place to have it, as opposed to the small quarters of the 2 church on Highway 27. Are we set now, not going to go back 3 and forth any more? 4 MS. PIEPER: The church in 215, I feel the 5 parking is too small. The building is fine, but there's not 6 enough parking, and it's too much trouble getting in and out 7 from Sidney Baker, and so I would like to see it moved back 8 to the County Extension Office meeting room. 9 COMMISSIONER WILLIAMS: I agree. Good. 10 COMMISSIONER BALDWIN: I move we approve the 11 list of polling places. 12 COMMISSIONER GRIFFIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Baldwin, seconded by Commissioner Griffin, that the Court 15 approve the list of polling locations. Any further 16 questions or comments? 17 COMMISSIONER LETZ: Question which is, I 18 guess, related -- if I can't ask it, let me know. On the 19 numbering system, is there a reason we use the numbers the 20 way we do? I mean -- 21 MS. PIEPER: Well, you have 16 -- that goes 22 with the redistricting from the census and the population, 23 and fortunately, I've never had to be involved in that. 24 COMMISSIONER LETZ: My question, really -- 25 all of us are -- 34 1 MS. PIEPER: Kerr County has 16 voting 2 precincts. 3 COMMISSIONER LETZ: I just wondered why 4 Precinct 1 has three precincts and Precinct 4 has six. I 5 mean, it doesn't make sense to me. There -- these are 6 numbers listed here. 7 COMMISSIONER GRIFFIN: I think it's just -- 8 MS. PIEPER: That goes by voting population 9 per Commissioner. 10 COMMISSIONER LETZ: Are the precincts all the 11 same size? 12 MS. PIEPER: No. No, not geographically. 13 COMMISSIONER LETZ: Oh, they're by geographic 14 size? Oh, well, then is there a reason -- I mean, is there 15 a requirement? Because -- to have them set out that way? 16 It seems like it's defeating the purpose of the geographic 17 size if we start combining them all into one location to 18 vote. 19 MS. PIEPER: You can do that, but we -- you 20 have to have one polling location in each Commissioner's 21 precinct. So, if we wanted, we can only have -- we could 22 only have four locations, but to make it more accessible to 23 the voters, we try to scatter them throughout the county. 24 COMMISSIONER BALDWIN: Commissioner Letz -- 25 COMMISSIONER LETZ: Be quiet? 35 1 COMMISSIONER BALDWIN: Take it from one who's 2 tried. Be quiet. Get off that one. 3 JUDGE HENNEKE: You'll get your shot about 4 this time next year. 5 COMMISSIONER GRIFFIN: Yeah, we can address 6 that if we want to do some renumbering and new boundaries. 7 JUDGE HENNEKE: We'll anticipate that in the 8 new election precincts, because we cannot have more than 9 5,000 -- is it registered voters or people per voting 10 precinct? 11 MS. PIEPER: Truthfully, I don't know, sir. 12 JUDGE HENNEKE: The number is 5,000. Can't 13 have -- you can't have more than 5,000 registered voters in 14 any one election precinct. So, we will be adding election 15 precincts at this time next year. Any further questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. 21 MS. PIEPER: Thank you. 22 JUDGE HENNEKE: Item Number 5, consider and 23 discuss resolution for the filing of a grant application 24 with the Alamo Area Council of Governments for Regional 25 Solid Waste Grant Program grant. Mr. Holekamp. 36 1 MR. HOLEKAMP: This is basically the same 2 resolution that we did last year. Ironically, we haven't 3 started on this last year's grant yet; we haven't gotten the 4 signed copy back of the grant, so -- but under this year, 5 they -- they promised us that they would process these 6 earlier. The guideline is -- is the grant be in AACOG's 7 hands on July the 21st, and our personal interview would be 8 on the 4th of August. And, I -- my first thinking on this, 9 and this was strictly mine, and Mr. Brecher, who does the 10 Solid Waste Code Enforcement, our feeling was that we -- we 11 would at least try to get salaries for him and the clerk and 12 some operating budget. We have no specific requests at this 13 time for anything major, as far as any capital purchases. 14 If the Court wishes to expand the program within the 15 parameters of -- of Code Enforcement, I would appreciate 16 some input in the next -- this week, preferably. Maybe it 17 could be discussed during the workshop for Environmental as 18 part of the budget, but I would appreciate if y'all would 19 give it some thought. The reason I need to do the 20 resolution is it has to be prior to that 21st to be put in 21 the packet. So -- but -- and just for y'all's information, 22 the last year's -- the grant funding was approached at 23 $23,613.17, and I -- I don't foresee it to be much higher 24 than that, unless there's some certain areas that the Court 25 wishes to request in this budget. And, long as I can get 37 1 it, you know, a week before the 21st, I think I can get it 2 together and be in San Antonio. 3 COMMISSIONER GRIFFIN: I move we approve the 4 resolution and sign. 5 COMMISSIONER WILLIAMS: I'd second it. 6 JUDGE HENNEKE: Moved by Commissioner 7 Griffin, seconded by Commissioner Williams, that we approve 8 the resolution authorizing the filing of a grant application 9 for Regional Solid Waste Grant Program grant. Any questions 10 or comments? 11 COMMISSIONER LETZ: I was looking to -- do we 12 need to include any authority -- I guess, to -- for the 13 actual grant itself to be attached? And -- 14 MR. HOLEKAMP: The -- the attachments, 15 Commissioner, are -- it's pretty much set in stone. The 16 signature will be -- the Judge will sign the grant 17 application. 18 COMMISSIONER GRIFFIN: We need to authorize 19 that, as well? 20 MR. HOLEKAMP: It might be good if you did. 21 I -- 22 COMMISSIONER GRIFFIN: I include that in my 23 motion. 24 JUDGE HENNEKE: All right. 25 MR. HOLEKAMP: That would probably help, 38 1 thank you. 2 JUDGE HENNEKE: Any further questions or 3 comments? 4 COMMISSIONER LETZ: And this is -- the amount 5 of the grant will be decided at the workshop? 6 JUDGE HENNEKE: Correct. Okay. All in 7 favor, raise your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. 12 MR. HOLEKAMP: Thank you. 13 JUDGE HENNEKE: Thank you, Glenn. Next 14 number is Number 6, consider and discuss purchase of a 15 laptop computer with accessories. Commissioner Williams. 16 COMMISSIONER WILLIAMS: Two weeks ago, Quorum 17 Architects presented the long-range Master Plan for the Hill 18 Country Youth Exhibition Center and did so by use of a Power 19 Point presentation, projector screen and so forth. I think 20 it's important that if we are to consider this favorably 21 down the line, we have the ability to take this presentation 22 to the community in various places and locations. What I've 23 just handed you is a list of some 47 groups, businesses, 24 political subdivisions, service clubs and so forth, that may 25 have some interest in knowing more about the Youth 39 1 Exhibition Master Plan. To do this, we need some equipment. 2 And what this is, the proposal is to acquire half of the 3 equipment that would be necessary this time around, the 4 computer and -- the laptop computer, properly equipped and 5 powered to do this, with a view toward borrowing, for this 6 budget year, a projector from another agency who has one. 7 And perhaps in next year's budget, be able to fund the -- 8 the projector that's required to go with it. 9 This piece of equipment also could be 10 utilized by other elected officials, the Commissioners Court 11 and so forth, in making budget presentations or any other 12 type of presentation that would -- that we thought was 13 valuable and required to do so. When I researched this, I 14 did two things: First, I researched the type of equipment. 15 Commissioner Griffin and I talked about what would be 16 necessary to do -- what would be necessary to acquire, and 17 then I researched whether or not there were any funds 18 available in a couple line items, and I identified a couple. 19 However, in hearing the Auditor this morning, I'm not sure 20 that those are still there, but nonetheless, we can 21 doublecheck it with him to see whether or not those dollars 22 are there. So, that's what the purpose of this is. And I'd 23 say the list I had given -- prepared for you is a very 24 comprehensive list of potential places to take this to 25 measure whether or not the public supports this effort or 40 1 whether they have objections to it or ideas on how better to 2 do it, before Commissioners Court engages itself in 3 discussions on whether or not to go forward with the plan. 4 That's the purpose of the item. 5 JUDGE HENNEKE: Questions or comments? 6 COMMISSIONER GRIFFIN: A comment. In 7 discussions with -- with Commissioner Williams, we also have 8 a need -- and I'm not addressing the funding of this, but I 9 think we -- we need something in this courtroom that we can 10 present materials where not only the Commissioners can see 11 it and point at it, but also that the public can see it. 12 Much -- oftentimes we discuss things where we have a 13 handout, and people in the audience can't see what we're 14 really talking about, and it would really be good if we can 15 head toward that in the next budget year. To do that, we'd 16 have to have some kind of screen arrangement and a place to 17 put the projector and have the laptop computer. So, I think 18 it's a good requirement. My question is -- is can we do it 19 now out of these kind of funds, and at the very end of the 20 fiscal year, we might be able to spring for some or all of 21 this. This computer obviously has to be bought at one time, 22 but I think it is a very valid requirement. It's something 23 that, as the county grows and as we're trying to present 24 stuff here in the courtroom, I see it as much for that as I 25 do for a portable use like the list here that Commissioner 41 1 Williams talked about, which is also very valid. I would 2 see it more for the use in the courtroom, ultimately, 3 though. 4 COMMISSIONER WILLIAMS: Following up on what 5 you said, Commissioner, I asked Mr. Holekamp to take a look 6 at where we might position a pull-down screen, given that 7 the ceiling has to come out of here with the renovations 8 that are required for the District Clerk's own renovation 9 upstairs. So, if they had to drop that ceiling down, that 10 would be an ideal time to determine where to position a 11 pull-down screen somewhere, catty-corner there or some 12 position in the courtroom. 13 JUDGE HENNEKE: Any further discussion? 14 COMMISSIONER BALDWIN: Yes. I agree with 15 everything you said; I think it would be -- particularly my 16 good colleague on the other end of the table, that for use 17 in this courtroom. Many, many times the presentations are 18 done just halfway, and they could be very much more clear. 19 I like the idea. I think the timing is terrible. And -- 20 it's not good. That's just my opinion. I think -- I think 21 it's just a little difference in -- in philosophy. I mean, 22 I'm just an old redneck conservative, and we're right in the 23 middle of the budget year. These things are not budgeted, 24 and -- actually, tomorrow we talk about Commissioners Court 25 budgeting for next year, and we're at least one day ahead of 42 1 time here. 2 COMMISSIONER WILLIAMS: We can talk -- 3 COMMISSIONER BALDWIN: Well, when you talk 4 about, with your funding thoughts here, taking $1,574 out of 5 Commissioners Court Capital Outlay, I am not -- let's see. 6 We budgeted $6,500, I think, for some things; the admin -- 7 administrator's computer, court reporter computer, and a 8 desk and a chair. And, in my mind, I remember some other 9 things that went along with this -- with the computer stuff, 10 but I don't know. Do we still -- do we have -- you're 11 suggesting we take $1,500 out. Do we have $1,500 in there? 12 COMMISSIONER WILLIAMS: Well, I checked with 13 the Auditor's office, Commissioner, at the time I put the 14 agenda request in, and they said that line item had been 15 spent down to that $1,574.96. They said that the 16 department -- Nondepartmental Contingency had been spent 17 down to $3,900. So, $3,500 would be required for this 18 purchase. There's $3,900 in one category as of Friday, I 19 believe, and $1,574 in the other one. I -- the one that 20 you're talking about is 65, and it's been spent down to -- 21 COMMISSIONER BALDWIN: My question is, 22 though, has everything been purchased out of the 23 Commissioners Court -- 24 COMMISSIONER WILLIAMS: That, I don't know. 25 COMMISSIONER GRIFFIN: I think there's a 43 1 couple of outstanding requirements on tables, some tables 2 that we still haven't got, so there probably is -- probably 3 not all of that, but it probably leans against some of that. 4 COMMISSIONER WILLIAMS: Okay. 5 COMMISSIONER BALDWIN: There's liens against 6 that one. And -- and we have our budgetary accounting 7 system report, a monthly report, and then your other one, 8 $3,908, I only show that we have $2,300. 9 COMMISSIONER WILLIAMS: Then it got spent 10 down since I inquired about it. 11 COMMISSIONER BALDWIN: So it wouldn't work 12 anyway. I mean, the money's not there, and I just -- this 13 is the kind of thing that needs to be done in the budget -- 14 in the budget process, and I'm sure that I'd be happy to 15 talk about it tomorrow. 16 COMMISSIONER WILLIAMS: I'll be happy to put 17 it off till tomorrow. 18 COMMISSIONER BALDWIN: Very good. Thank you. 19 JUDGE HENNEKE: Okay. If that's the 20 consensus, we'll table this and take it up as part of the 21 budget workshop tomorrow afternoon. Item Number 7, consider 22 and discuss resurfacing the courthouse square inner roadway 23 and developing two parking areas for elected officials and 24 courthouse employees. Commissioner Williams and Mr. Odom. 25 COMMISSIONER WILLIAMS: Okay. One more time. 44 1 Mr. Odom is here, I believe. 2 MR. ODOM: Yes, sir. 3 COMMISSIONER GRIFFIN: This would be an 4 excellent time to go over and hit the button and put this up 5 on the screen. 6 COMMISSIONER WILLIAMS: Everybody have one? 7 Mr. Odom and I earlier were talking about a couple items 8 with respect to the vehicular paths here and the ability to 9 park cars. I think we've all experienced, time after time 10 after time here recently, where you can make two or three 11 passes through the courthouse and you can't find a place to 12 park. So, we asked about -- the thought occurred to me 13 that, since construction is ongoing and a great big chunk of 14 the grounds on the western side -- north and western side 15 have been really rendered useless and almost destroyed by 16 construction, would there be a possibility of creating a 17 parking area in that area, which is on the western side off 18 of Jefferson street, for elected officials and courthouse 19 employee parking? And a second opportunity presents itself 20 on the eastern side of the courthouse annex in approximately 21 the same position, where we could gather another six or 22 seven open spaces in the very small median strip. So, I 23 asked Len if he would take a look at that and tell me what 24 the cost would be for the Court to take -- make a decision 25 as to whether we'd like to do it, since the grounds are all 45 1 torn up in that area anyhow. And also, what the cost would 2 be to resurface the inner roadway. It has not been done in 3 many years. So, Leonard, do you want to add to this, 4 present what we're talking about? 5 MR. ODOM: Well, yes, sir. I also had Glenn, 6 and -- 7 COMMISSIONER WILLIAMS: Yeah, Mr. Holekamp 8 also was involved. 9 MR. ODOM: This is Glenn's -- I wanted him to 10 have his input for what we had, and he had a suggestion too, 11 which may over -- I hadn't thought about it, but he was 12 talking about the inner -- the outside radius of that 13 roadway out there, maybe taking that up and extending it on 14 back. I looked at that; that's feasible. It would make it 15 tight. I remember before, the reason that we did the 16 parking like this on parallel parking was because of the 17 proximity -- the turning radius when you backed up. But 18 then, when I look at the number of spots -- and that's what 19 Glenn and I -- unless he has something to contribute, I -- I 20 thought, from what I saw Friday, off the top of my head, 21 looks like by the time we would add -- if we implemented 22 this program here of 28 spaces, and what we would possibly 23 pick up if you did the extra work on that outside radius, I 24 think that we would only gain about five -- three to five 25 slots. So, we wouldn't -- that's a lot of work that I 46 1 don't -- I just don't see the need of it. 2 And part of your problem with the flow of the 3 traffic is -- is people crossing and people going in the 4 middle of everybody. So, that was something we -- we 5 discussed also. But, I -- I think if you added this and 6 kept everything like it is, essentially, you're going to 7 gain about 28 spaces here. My -- my original cost, when I 8 look at this, will triple my concern, and I've addressed the 9 Court if we did anything out there, was reflectivity of the 10 cracks out there going through the pavement. I mean, 11 it's -- what's below will eventually merit stuff on the top, 12 so I looked at a triple sealcoat, and that's what this cost 13 was at, trying to get around an inch mat and saving some 14 money. You saw my cost analysis of $36,000 versus $12,000 15 on the sealcoat versus hot mix. 16 Since that time, Franklin and I talked, and I 17 had not thought about it, but that Petromat -- remember the 18 advertisement which showed Phillips 66 in Oklahoma laying 19 out the mat, and then they were all smiling, and children 20 were playing with basketballs, and they went on? Well, that 21 was for reflectivity, and that might be something we'd look 22 at, that we lay the mat. I have done that when I was in 23 private business in San Antonio, and we experimented with 24 that at -- around Fort Sam Houston and we found an area that 25 was very bad and reflectivity was minimal. I mean, we were 47 1 astonished that we were going to do it. When I was with the 2 City, I talked about doing it, and then I left and went in 3 private business, and we did that as an experiment; we 4 modified the plans, and it worked very well. Of -- but, of 5 course, we used hot mix. That addition would bring the 6 total to about $15,000, if we tried that Petromat. 7 Franklin called Rufus Walker down in San 8 Antonio, who handled that, and that cost for 65,000 square 9 feet was approximately another $5,000. If y'all said 10 sealcoat, there's only about a $2,500 difference. I would 11 suggest that we would try the -- this mat. It's very 12 successful in areas -- and in Louisiana they just -- I mean, 13 it's proven that it works. It cuts down on reflectivity and 14 would save the road for a while. But those big cracks, you 15 know, we -- you're still going to have them, but the 16 mirrored part would be there, so I think this is feasible, 17 but it's something the Court needs to look at. And we're 18 talking about -- this is only the cost of material. 19 And I certainly feel -- and not being 20 facetious with you, but, you know, I certainly do not 21 believe that this is a Road and Bridge problem. I do 22 believe it's a general revenue problem, and I have no 23 problems as far as the personnel and equipment and time to 24 do that. We'll certainly be there, but we would ask what -- 25 that's what these dollars are for, $15,000 to cover that 48 1 cost. And we would -- I think we could build you your 2 parking on over here, which I think will help the Court 3 personnel, the Commissioners Court. You're close to that 4 proximity, and this other one was about 21 stations in there 5 to help the employees, both Commissioners Court and the 6 County employees. 7 COMMISSIONER WILLIAMS: One other footnote on 8 that. Actually, you remember we talked again and walked out 9 in that -- in that area, and it's really going to be about 10 19 spaces on the western side, because we would save that 11 big -- 12 MR. ODOM: Save the tree. 13 COMMISSIONER WILLIAMS: -- that pine. 14 MR. ODOM: You know, it may be one or two 15 spaces that we lose; just sort of depends. You know, 16 talking to Glenn, that's also something you need to -- I'm 17 not familiar with these trees and who they're dedicated to, 18 but that might be something that -- that needs to be 19 considered by the Court also. And I believe that there is 20 an animal buried out here somewhere. 21 COMMISSIONER BALDWIN: Sheriff Kaiser's dog. 22 MR. ODOM: Well, you know, I don't mean -- 23 JUDGE HENNEKE: We'll let the Sheriff's 24 Department relocate that one. 25 MR. ODOM: I'm just saying there are a few 49 1 things I don't know. I don't think there's anything 2 insurmountable, but those trees, in most cases, on this -- 3 on this west side would have to go, except that big one out 4 there. 5 COMMISSIONER WILLIAMS: Well, the big pine 6 we'd save, because that's a huge, good-looking pine; it's 7 integral to the decor of the courthouse. The mesquite we 8 thought was expendable, and if need be, the two smaller ones 9 could be transplanted to other locations. 10 MR. ODOM: Right. 11 JUDGE HENNEKE: Glenn, you had a comment, 12 sir? 13 MR. HOLEKAMP: Yeah, on the burial of the 14 dog, he's real close to that wall, and I understand there 15 will be a green space of approximately, what, 8 feet? Six, 16 8 feet? 17 MR. ODOM: Something like that. There will 18 be green areas over here, and I won't go toward the wall. 19 MR. HOLEKAMP: He'll be in the green area. 20 MR. ODOM: Well, then, the animal shouldn't 21 be disturbed. 22 MR. HOLEKAMP: That is correct. 23 JUDGE HENNEKE: It's -- 24 MR. ODOM: That sounds better. I don't mean 25 to be -- I mean, you know. 50 1 JUDGE HENNEKE: It's an interesting concept 2 to use two areas of the courthouse which really are not 3 public areas. I mean, we all know that the front of the 4 courthouse is used for the community at large, for the 5 Christmas and the prayer meeting and those things, and, if 6 at all possible, I strongly feel we need to preserve those. 7 But these two areas that the Commissioner and Leonard have 8 identified are areas that really are not utilized by the 9 public, and they would give us approximately 25 additional 10 parking places, which, combined with the -- Glenn, how many 11 spaces are we going to get down below? Twelve or so? 12 MR. HOLEKAMP: No, there will be probably -- 13 probably about 20. 14 JUDGE HENNEKE: Combined with those 20, that 15 gives us about 45 additional parking places we don't have 16 right now. It's a concept. That's something else we would 17 have to take up as part of the budget this week, but it's a 18 very timely presentation by -- by Leonard and Commissioner 19 Williams. 20 MR. ODOM: May I ask if Glenn has anything 21 else, please, to add, or Frank -- I mean, all the different 22 thoughts are welcome, and y'all's thoughts. But this was 23 the basic way. There may be other things that I don't know 24 about. 25 MR. HOLEKAMP: Well, first of all, I 51 1 appreciate what Leonard has done, and I agree with him 2 totally. I think -- Frank just brought something up to me, 3 just in -- and there needs to be some more thought. This is 4 a concept, wouldn't you say, Leonard? 5 MR. ODOM: Yes. 6 MR. HOLEKAMP: Because we have -- we're going 7 to have to turn these cars out of this parking lot somewhere 8 or another, too. So, I think that needs to be taken into 9 consideration. And I think the Judge just brought up a good 10 point. There are some spaces downstairs that will be 11 available after the construction is complete. I -- I really 12 believe that probably 20 or so, but I wouldn't -- I think 13 it's going to be pretty much a restricted parking because of 14 the space. It's going to be -- people with long trucks may 15 have a problem down there getting in and out. And if they 16 do, they'll take up more than one space, because they can't 17 back out. So -- so, before we designate spaces down there, 18 we may want to take into consideration some of those issues, 19 'cause it could really create a monster if -- if it's not -- 20 certain restrictions aren't put on that space down there. 21 COMMISSIONER LETZ: I'm in favor of having 22 large truck areas. 23 (Discussion off the record.) 24 COMMISSIONER WILLIAMS: What we wanted to do 25 is just present the concept today, and I guess we'll have to 52 1 figure out how it's funded, if the Court likes the concept, 2 and that's why it's here. 3 COMMISSIONER BALDWIN: I like the concept 4 also. We've talked about this many times. But, another 5 thing to remember, I've seen a memo somewhere in the last 6 week or so where the Probation Department is requesting to 7 come over. 8 JUDGE HENNEKE: Yes. 9 COMMISSIONER BALDWIN: So, you're really 10 adding -- I don't know how many vehicles now, but a lot 11 more. 12 COMMISSIONER WILLIAMS: Which makes it 13 more -- 14 MR. HOLEKAMP: Adult Probation? 15 JUDGE HENNEKE: Juvenile Probation doesn't 16 have that much vehicular traffic, not near what Adult does. 17 MR. HOLEKAMP: Adult would -- we would have 18 to start stacking the cars. 19 COMMISSIONER BALDWIN: Which we can do that? 20 MR. HOLEKAMP: Oh, yes, sir. But, you know, 21 I really believe, and I -- I really appreciate what Leonard 22 has done on this thing, and I think he's on the right track. 23 I agree with the concept. I endorse the concept. I think 24 there's going to have to be some -- some tweaking on this so 25 we may assure ourselves of the fact that we can get these 53 1 vehicles out -- out of that parking lot without hitting one 2 another and that sort of thing. There may be some other 3 things that need to be done, and I guess it should be 4 discussed in the budget process, as far as permanent 5 improvements or whatever, on Friday. Is that correct? 6 Friday? 7 JUDGE HENNEKE: I don't know which category 8 it would come up under. 9 MR. ODOM: Road and Bridge is Wednesday, I 10 think. 11 (Discussion off the record.) 12 COMMISSIONER LETZ: We're talking about the 13 courthouse. 14 JUDGE HENNEKE: We've got three shots at it 15 this week -- actually, four, 'cause the last one is general, 16 all other. So -- 17 COMMISSIONER LETZ: Quick comment I have is 18 on the -- I mean, I think the parking over here makes 19 perfect sense, over here makes good sense. I'm a little 20 concerned about how far it came up past the sidewalk. It 21 comes into the building, the way I look at it. 22 MR. ODOM: Past the sidewalk? No, it just 23 comes up to the sidewalk. When we Xerox'd it to show the 24 sidewalks, it cut it off, but we're not past the sidewalks. 25 MR. HOLEKAMP: Well, there is that -- that 54 1 sidewalk would be redone through there. 2 COMMISSIONER LETZ: Sidewalk right through 3 here? 4 COMMISSIONER WILLIAMS: It wasn't intended to 5 go out -- 6 MR. ODOM: What was existing -- I just came 7 up close to right there, what was existing. 8 JUDGE HENNEKE: The concept is to go from 9 both sidewalks out of the ramps. 10 COMMISSIONER LETZ: That way? 11 MR. ODOM: Yes, sir. 12 JUDGE HENNEKE: And not have the sidewalks be 13 in the interior of the parking. 14 COMMISSIONER LETZ: So this part in here -- 15 COMMISSIONER WILLIAMS: It just didn't get 16 shown on there. 17 MR. ODOM: It didn't get shown, I'm sorry, 18 when I had it. I just didn't notice that till I got over 19 here. 20 (Discussion off the record.) 21 COMMISSIONER LETZ: The other point is that 22 they just happen to be cedar trees, not pine trees, but no 23 matter. 24 COMMISSIONER WILLIAMS: Whatever. 25 COMMISSIONER GRIFFIN: Does any part of the 55 1 courthouse renovation and annex and all that -- is that 2 covered -- does that cover any of the grounds we do? None 3 of that? 4 MR. HOLEKAMP: I have -- yeah, they have to 5 put the yard back to the way they found it when they started 6 the project. If we so choose to change it, I would hope to 7 think we would get a -- 8 COMMISSIONER GRIFFIN: Credit. 9 MR. HOLEKAMP: -- a credit back. So, that is 10 something we may want to keep in mind. Because, as I 11 understand it, is when they tore up the yard to do all this 12 construction, when it was completed, they would put it back 13 as it was when they started. So, the timing on this would 14 be very appropriate to decide it during budget process so 15 you could give direction -- 16 COMMISSIONER GRIFFIN: We want to get their 17 input -- 18 MR. ODOM: Mr. Walker will give you that 19 estimate of what that's worth. I bet you it's enough to at 20 least do this over here. 21 JUDGE HENNEKE: Okay. Anything else on this 22 item? If not, thank you all. That's a good presentation. 23 Number 8, consider and discuss installing historical marker 24 on the county right-of-way of Cade Loop. Commissioner 25 Griffin. 56 1 COMMISSIONER GRIFFIN: Yeah. This is 2 something a little bit different for the County, and that's 3 the reason it's on the agenda. I'm not sure we have to take 4 any precise action, other than just giving the Road and 5 Bridge Department some guidance. Len? 6 MR. ODOM: Sir? 7 COMMISSIONER GRIFFIN: On this Cade Loop 8 marker -- let me give you the background here. Out on Cade 9 Loop, which is, by the way, not -- is in the general 10 vicinity of the Lake Ingram Estates Road District, but it's 11 past that area. There is the old Cade House out there, 12 which the -- a Ms. Bell, I think, is the current owner? 13 MR. ODOM: I believe. 14 COMMISSIONER GRIFFIN: And she has -- that 15 family has gone through and gotten that State Historical 16 Marker to -- to commemorate the old Cade House, which has 17 some significance that -- I haven't seen the marker, so I 18 don't know what it says, but -- but the family had requested 19 that they be able to place the marker appropriately at the 20 entrance of the house in the right-of-way, but meeting our 21 standard, you know, for 2 feet or 3 feet in from -- no more 22 than that from the edge of the right-of-way and so on, and 23 requested that we install the sign. And I think that's 24 probably the thing to do, is -- is for us to install that 25 historical marker so that we know that it's placed correctly 57 1 and meets all of our requirements and the State requirements 2 and we're doing it right. And Mr. Odom says he's quite 3 willing to do that. And we have placed other signs, not 4 historical markers. Most of the time you don't see these on 5 county roads; you usually see them on State roads. So, we 6 can do that with no problem. 7 Now, there's another wrinkle to this request, 8 however, and that is that the family would like to put the 9 sort of one-mile warning signs that says "Historical Marker 10 Ahead," like they do on State. And, my position on that 11 would be -- and I just wanted to get the Court lined up for 12 this, if we agree, is that if, on a county road, such a 13 marker is requested, that if it is provided -- if the marker 14 is provided to us at no cost, that we would simply install 15 them, but that we will not make those signs and we will not 16 maintain them. Have I pretty well stated the case? We're 17 not going to make the signs; in other words, all we're doing 18 is, in our sort of routine maintenance flow, is that if you 19 get these kind of requests -- and this is the reason I 20 wanted to bring it to the Court, because it's a precedent. 21 I don't think we'll have that many, but we're not going to 22 get into the historical marker business at the county level, 23 is my view. We shouldn't. But, that if there is a State 24 marker provided, we will install it in the county road where 25 we plant the sign, and if they want warning signs and if 58 1 they have them made and give them to us, we will install 2 those also to make sure they're done right and in the proper 3 part of the right-of-way. 4 COMMISSIONER WILLIAMS: Commissioner, is the 5 State funding the actual historical marker or is the Cade 6 family funding that? 7 COMMISSIONER GRIFFIN: I don't know where 8 that funding is coming from. The marker is already done, I 9 am told. It has been paid for. We're not going to spend 10 any out-of-pocket money. 11 COMMISSIONER LETZ: My question is -- well, 12 one, I have a question whether we can expend County funds to 13 put up a marker. Those markers are private, as far as I 14 know. I mean, those are -- every one I've seen is on 15 private property, and I don't know -- I think maybe to put 16 it in the right-of-way, but I don't know that we can spend 17 money to do it. My question -- and whether we can, and 18 secondly, I don't think we should -- I mean, I don't mind 19 doing the work, but I think we need to be reimbursed for it. 20 We do private road signs all the time, and to me, this is 21 very comparable to that. We make them and we install 22 them -- and, in fact, we would rather install them to make 23 sure they're correct there, but I think we should charge a 24 fee. I think we probably have -- 25 MR. ODOM: There is a fee structure for that. 59 1 COMMISSIONER GRIFFIN: Kind of like a road 2 sign. 3 MR. ODOM: Like a road sign. But, of course, 4 the road sign's $70. That's for the sign. 5 COMMISSIONER LETZ: And the installation. 6 MR. ODOM: And the installation, the pole and 7 everything. 8 COMMISSIONER GRIFFIN: Well, I think that's 9 reasonable. I would agree. I think that there should be a 10 fee charged to cover all the costs so that, in essence, the 11 County is out nothing. 12 COMMISSIONER LETZ: Right. 13 COMMISSIONER GRIFFIN: It's costing you -- 14 JUDGE HENNEKE: Franklin? 15 MR. JOHNSTON: Do those folks live there? Is 16 this their home that they want this marker on? 17 COMMISSIONER GRIFFIN: Yes. 18 MR. JOHNSTON: And they're -- 19 COMMISSIONER GRIFFIN: Well, it's next to -- 20 it would be in the right-of-way next to this home that they 21 own. 22 MR. JOHNSTON: And they're -- 23 COMMISSIONER GRIFFIN: They've gone through 24 the process of getting the marker. 25 MR. JOHNSTON: They're inciting people to 60 1 come up and actually -- advertising for people to come up 2 and just park in their driveway? 3 COMMISSIONER GRIFFIN: On the -- on the 4 right-of-way -- 5 MR. JOHNSTON: They're not expecting us to 6 build a big park thing on the side? 7 COMMISSIONER GRIFFIN: I don't think -- 8 COMMISSIONER BALDWIN: No. No, but I would 9 think, just like on the -- kind of like on the State 10 highway, I would think that we would -- if there's a marker 11 there, you need a little turn-off thing, at least. 12 COMMISSIONER GRIFFIN: Well, this is very 13 close to their driveway. 14 MR. ODOM: This is in their entrance. 15 COMMISSIONER GRIFFIN: If you look at the -- 16 in the backup material, there's a black and white -- the 17 right-of-way is considerably wider than the pavement is 18 there. 19 MR. ODOM: If you know Cade Loop and Rio 20 Vista there, it's a narrow roadway; I don't know, 16, 18 21 foot. 22 COMMISSIONER GRIFFIN: I personally don't 23 think there's going to be a great clamor of people going to 24 see this historical marker. 25 MR. ODOM: Traffic count's not great, but -- 61 1 COMMISSIONER GRIFFIN: Yeah, the traffic 2 count on that road is not -- 3 MR. ODOM: But, I -- 4 COMMISSIONER LETZ: The other question -- 5 this may be something the family can do. Could the sign not 6 be put right on the property line and the County just put in 7 the two warnings signs? That way -- I mean, usually you see 8 it -- there's one at the Y.O., isn't there? Isn't it, like, 9 on the -- it's part of their entrance. 10 COMMISSIONER WILLIAMS: Well, there -- 11 COMMISSIONER GRIFFIN: That's, in a sense, 12 what this is, but there is a rock wall there and some 13 shrubbery, and this would be between the rock wall that's 14 right on the right-of-way. It would maybe be inside the 15 right-of-way that far, from my -- about a foot. 16 COMMISSIONER WILLIAMS: Following up on what 17 Commissioner Letz is saying, this could be treated like a 18 subject marker. A subject marker is usually in proximity 19 of -- close proximity to whatever it is. For example, Zion 20 Lutheran Church has got a -- celebrating its hundredth 21 anniversary next year and has asked for a historical subject 22 marker indicating the congregation is 100 years old. And 23 the rules of the Historical Commission are that that has to 24 be on that property close to the -- very close proximity. 25 They don't know exactly where this is going to be. This 62 1 could be done the same way off of the right-of-way, be 2 closer proximity to the house, if there are warning signs 3 coming up. 4 COMMISSIONER LETZ: I don't have a problem 5 with it being right at the edge of the right-of-way, really, 6 but it could easily be, to me, kind of -- when you're in the 7 driveway, it's kind of -- 8 COMMISSIONER GRIFFIN: Is that right-of-way 9 by prescription? Is that by prescription? 10 MR. ODOM: I believe it is. 11 COMMISSIONER LETZ: Probably. 12 MR. ODOM: Very few of those in there were 13 deeded to us, and I doubt if it was ever platted. 14 COMMISSIONER LETZ: I don't have a problem 15 with it being in the right-of-way, as long as it's off on 16 the side. 17 COMMISSIONER GRIFFIN: It is. It would be 18 very -- it would be right on the line, as close as can be. 19 MR. ODOM: Once we put these other signs that 20 are indicative of the location, like the State does -- 21 correct me if I'm wrong -- we're not maintaining that; we're 22 putting it up one time and then we're not maintaining it. 23 To me, that's trailblazing. And the State does not -- they 24 don't trailblaze, but the State of Texas -- the Legislature 25 tells them or designates a certain area, and that's the 63 1 reason they put the signs up. But I -- we don't want to set 2 a precedent of trailblazing. 3 COMMISSIONER GRIFFIN: Once we tell the 4 family we're not going to make the signs and we're not going 5 to maintain them, I don't know whether they'll choose to 6 have that or not, and I would just say that's up to them. 7 COMMISSIONER BALDWIN: I can't imagine you 8 putting signs up there in the right-of-way that says one 9 mile ahead, historical marker, or whatever that thing says, 10 and then it doesn't belong to us? 11 COMMISSIONER LETZ: Like a private road sign; 12 if someone steals them, it's not our responsibility -- or is 13 it our responsibility? 14 MR. ODOM: What's that? 15 COMMISSIONER LETZ: If someone steals a 16 private road sign. 17 MR. ODOM: Well, the Court's directed us that 18 if they pay for it the first time and it's in our 19 right-of-way, they're -- adjacent to our right-of-way, that 20 we would replace that for -- 21 MR. JOHNSTON: Long as it's in a 22 right-of-way. If it's -- 23 MR. ODOM: If it's a private road on their 24 easement, it's their responsibility. Or inside a 25 subdivision. As a private subdivision, it's their 64 1 responsibility. Only if it comes within our right-of-way 2 has the Court directed us to maintain that from now on. 3 And, I -- as Buster says, we're like that, but then -- you 4 know, I have enough signs to take care of. Nevertheless, a 5 historical marker -- 6 COMMISSIONER BALDWIN: I'm not a big fan of 7 putting up two signs. 8 COMMISSIONER GRIFFIN: No, I'm not either. 9 That's the reason I say it will be -- only be at their 10 expense, and I think at -- in this case, too, the -- in this 11 case, I think I would be in favor of the Court saying that 12 we'd put up the signs, but we do not maintain them, we do 13 not replace them at our expense. If they wanted to make 14 another sign and give it to us, we'll put it in, and if we 15 put it in the right-of-way, we'll install that one, but 16 we're not going to maintain or replace the signs if they're 17 vandalized, stolen, or anything. 18 COMMISSIONER LETZ: So, what we're really 19 asking is a waiver to put an obstacle in the County 20 right-of-way, and they're paying to install it? 21 COMMISSIONER GRIFFIN: That's right. That, 22 in essence -- 'cause we are paying, and we would charge a 23 reasonable fee, to be determined, for actual labor to stick 24 it in the ground. 25 (Discussion off the record.) 65 1 COMMISSIONER WILLIAMS: Is this the same fee 2 you charge for a private sign? 3 MR. ODOM: Yes, sir. 4 COMMISSIONER WILLIAMS: Okay. 5 COMMISSIONER LETZ: I don't have any problem. 6 I think it should probably just come back as a waiver, to 7 me. That's -- a waiver on the next agenda item, so we can 8 approve the waiver or vote on the waiver, anyway. 9 COMMISSIONER GRIFFIN: A waiver to a 10 right-of-way rule? Is that what we're talking about? Can 11 you help me with that for the next session? 12 COMMISSIONER LETZ: What I'm thinking of -- 13 what did we do for the boy scout that built the schoolhouse 14 thing? 15 MR. ODOM: We gave a variance for the -- for 16 that shelter on Split Rock right there. 17 COMMISSIONER LETZ: Right, to be -- for the 18 structure to be in the right-of-way. 19 MR. ODOM: A rigid structure in the 20 right-of-way, though it was -- there was mitigating 21 circumstances on that. But I'm -- basically, it was -- we 22 felt like it was close enough at this point -- that it was 23 safe enough, I mean. 24 COMMISSIONER LETZ: And this is basically the 25 same thing. We're giving the variance to allow them to put 66 1 a private sign in a county right-of-way. 2 COMMISSIONER GRIFFIN: Okay. Well, am I 3 getting the consensus that that would work as an agenda item 4 for next time, to come back with a waiver request? Is that 5 the -- 6 JUDGE HENNEKE: Sounds like that's the proper 7 way to address the issue. 8 MR. ODOM: All right, sir. 9 JUDGE HENNEKE: A waiver. 10 MR. ODOM: Thank you. 11 JUDGE HENNEKE: Thank you, Leonard. Let's do 12 one more before we take our mid-morning break. Item Number 13 9, consider and discuss procedures recommended by the Kerr 14 County Attorney for contempt actions pursuant to citations 15 issued alleging violations of the Kerr County Floodplain 16 Regulations. 17 COMMISSIONER WILLIAMS: This is a bring-back 18 item, Judge. We had this in early discussion on 6/26, which 19 we requested the County Attorney to prepare some procedures 20 for contempt actions, keeping in mind that we do, in fact, 21 have a potential of contempt actions wherein some folks have 22 built homes and put septics in floodplains, and we have a 23 need to have a procedure to pursue these matters. So, we 24 requested the County Attorney to come back one more time 25 with a document. Ilse? 67 1 MS. BAILEY: Yes, sir. I handed out on 2 Friday, I believe, my proposed rules. I don't know if you 3 all have those; it's just a few pages. Basically, what I 4 did was drafted a set of proposed rules that reflected what 5 I understood the Court's reaction to be to our earlier 6 discussions. They're certainly not comprehensive to cover 7 every possible fact scenario that comes up, but -- but 8 they're more intended to be a guideline so that the process 9 can start out smoothly and proceed smoothly. I think I've 10 covered the major procedural aspects of it. If you have any 11 additional questions or suggestions, I can add those in, but 12 if not, I think probably the best thing to do is proceed 13 forward. When the first case comes up, it probably will 14 make it clear whether or not there needs to be any additions 15 to the rules, and those additions can be informal, I think, 16 procedural designations by the Court as you move along. 17 That I wanted to keep it as -- as informal as possible, 18 because the whole concept of the rule is that this is to be 19 a fairly informal process. As we start getting in the Rules 20 of Evidence and objections and so forth, it gets more and 21 more formal, and therefore more and more cumbersome. 22 COMMISSIONER GRIFFIN: Do we -- just a 23 question. Do we -- on the -- we have two cases pending? 24 MS. BAILEY: Well, there's -- well, really, 25 three. Two that are almost identical, houses built in the 68 1 floodway with septics in the floodway, and then another one 2 that's a separate incident altogether. So -- 3 COMMISSIONER GRIFFIN: Okay. So, has any 4 action be taken on those that -- and does that action 5 conform with these, is what -- 6 MS. BAILEY: There's been no action that 7 relates to those. The only actions that have been taken on 8 those, and actually two other cases, are letters from our 9 office saying please note that you're in violation of the 10 flood ordinance and if you don't do something, we're going 11 to have to take you to court. 12 COMMISSIONER GRIFFIN: There's been some 13 notification? 14 MS. BAILEY: Right. 15 COMMISSIONER WILLIAMS: Did -- didn't 16 U.G.R.A. issue citations in a number of those cases -- 17 instances? 18 MS. BAILEY: I notice that they have had 19 similar communications with -- with the people, just as we 20 have, saying you're in violation, you need to straighten it 21 out. I don't think any of those have actually gone to 22 criminal adjudication in the Justice of the Peace court, but 23 I'm not certain of that. I don't know where those stand on 24 that. Now, the two -- the houses in the floodway started 25 out that way, but we're kind of in a holding pattern on 69 1 those, because it's not clear whether or not it's purely 2 something that isn't going to be addressed by T.N.R.C.C. 3 with respect to the license of the person who put in the 4 septics, or whether the owners of the houses are -- are 5 implicated as well. 'Cause it depends on whether or not the 6 septics can be licensed -- can be moved to a location where 7 they can be licensed, or whether the whole thing is just 8 impossible. 9 COMMISSIONER WILLIAMS: The fact remains, 10 though, that they were not permitted at all to begin with, I 11 guess, is my question. 12 MS. BAILEY: Yes. 13 COMMISSIONER WILLIAMS: I was given to 14 understand that U.G.R.A. had issued citations to the owner 15 in that case. 16 MS. BAILEY: The U.G.R.A. has -- has informed 17 them that they cannot use those septic systems. The last 18 time I checked, and it has been a few weeks, the 19 circumstances were that the property -- the owners of the 20 two houses had not yet moved into the homes and were not 21 using the systems because of this concern, and so we can't 22 really cite them until they start to try using them, and I 23 think that they're not using them. I could be wrong, 24 though, by now. 25 COMMISSIONER WILLIAMS: I see. All right, 70 1 thank you. 2 JUDGE HENNEKE: Does anyone have any specific 3 comments or questions regarding the proposed rules? I have 4 one. On the last page, which talks about appointed 5 attorney, we need to put in there that the attorney will 6 only be appointed if the individual is indigent. 7 MS. BAILEY: Yes, sir. 8 JUDGE HENNEKE: They complete an Affidavit of 9 Indigency and the Court has a hearing, at which time they 10 determine that they are indigent. It's a little different 11 than juvenile. With juvenile we don't have any questions 12 for -- 13 MS. BAILEY: I was a little unclear on that 14 myself, because I didn't know if you wanted that to be a 15 decision by the whole Court, or if that's something the 16 Court wanted to defer to you to refer the indigency 17 affidavit and make a decision prior to the court hearing, 18 allowing the Judge to make the decision without a court 19 hearing. Of course, it makes it a little bit more expedited 20 process, but that is a decision that, certainly, you might 21 differ in your opinions on, and if you didn't feel that you 22 want to defer to the Judge in making that decision, then 23 that's up -- you know, I can't really advise you either way, 24 but we do need to specify that. And I think it's also 25 important to reiterate the necessity to do this, in that we 71 1 are in noncompliance with T.N.R.C.C. rules and regulations 2 and FEMA and for flood insurance purposes if we fail to take 3 these necessary steps. I think it's important to do it. 4 COMMISSIONER BALDWIN: Counselor, what is the 5 option of the Judge making that decision? All of us coming 6 back and making individual decisions? 7 MS. BAILEY: Well, basically, it's posting 8 another meeting, 'cause you would have to have a posted 9 meeting to make a determination about indigency. Or -- 10 JUDGE HENNEKE: What about open government? 11 I mean, you know, you guys keep handing me authority on 12 things you don't want to rule on, but -- 13 COMMISSIONER BALDWIN: We could -- we could 14 come back in -- 15 COMMISSIONER GRIFFIN: Well, what I'm 16 thinking, though, is -- is that if the -- if the certificate 17 of indigency -- easy for to you say -- affidavit is filed, 18 that's public record, right? 19 MS. BAILEY: Yes. 20 COMMISSIONER GRIFFIN: And this becomes a 21 matter of public record for the Court. And if we just 22 authorize the Judge to make the decision one way or the 23 other, it's still open. 24 JUDGE HENNEKE: I don't anticipate we'd have 25 too many of those. Anyone who has enough dollars to be in 72 1 violation of a floodplain ordinance should have enough 2 dollars to have their own attorney, so -- 3 COMMISSIONER WILLIAMS: I think so. 4 MS. BAILEY: I suspect you will still get the 5 affidavits, however. 6 COMMISSIONER BALDWIN: Can we get the Judge a 7 "Denied" stamp? Denied. 8 MS. BAILEY: Put that in your budget process 9 this week. I will -- I guess I'm hearing from the Court 10 that you want me to set that up so that the Judge will make 11 that decision independently. And -- and, keep in mind that 12 indigence is -- is a -- sort of a floating concept. Someone 13 can be indigent today and not tomorrow, so the Judge could 14 have allowed for an appointed attorney and by the time you 15 get to the hearing, you could make a determination that, 16 based on the evidence you hear, then the person is no longer 17 qualified and has to pay the Court back for the attorney. 18 So you haven't -- you haven't given the -- delegated to the 19 Judge a decision that is not reviewable by the Court at any 20 time. 21 JUDGE HENNEKE: Anyone else have any 22 questions or comments? 23 MR. SIEMERS: I have a question. Can I ask a 24 question, please, Judge? 25 JUDGE HENNEKE: Mr. Siemers? 73 1 MR. SIEMERS: Paul Siemers. I live in Hunt. 2 I guess my question is, is there a Reader's Digest 3 explanation of how all this happened? And then the second 4 part of the question would be, are the new O.S.S.F. rules 5 going to preclude this from happening in the future? 6 JUDGE HENNEKE: This has nothing to do with 7 O.S.S.F. 8 MR. SIEMERS: Well, sounds like their septic 9 system's built in the floodplain. 10 JUDGE HENNEKE: Well, that's -- 11 MR. SIEMERS: And they happen. 12 JUDGE HENNEKE: Your questions are incapable 13 of answering at this time. You're asking us to look into 14 the minds of human beings and say whether they are going to 15 abide by the rules. 16 MR. SIEMERS: So, it's a total violation of 17 rules, is basically -- there was no platting or there was no 18 permitting? 19 JUDGE HENNEKE: We don't know. I mean, 20 you're talking about instances we don't know about. 21 MR. SIEMERS: Okay. I guess my concern is 22 that -- the second question would be that -- who monitors 23 this now? How is this regulated in the new rules? So I -- 24 MS. BAILEY: Floodplain Administrator. 25 COMMISSIONER GRIFFIN: This is a floodplain 74 1 violation, not an O.S.S.F. 2 MR. SIEMERS: But there's an O.S.S.F. 3 involved in this process. 4 COMMISSIONER LETZ: You could have two 5 violations, but this is still a floodplain violation. 6 They're separate. I mean, it's like -- 7 COMMISSIONER GRIFFIN: This is required by 8 FEMA. 9 MR. SIEMERS: Right, I understand. I 10 understand that part of it, the building in the floodplain. 11 JUDGE HENNEKE: Complaints under the 12 floodplain are more likely to be structures, as opposed to 13 septic systems. 14 MR. SIEMERS: Okay. I've been there, done 15 that, and I know how difficult it was to build my house and 16 have my aerobic system put in, and I'm just curious as to 17 how this happened. 18 COMMISSIONER LETZ: Because you followed the 19 rules. If you don't follow the rules, it's easy. 20 JUDGE HENNEKE: Court's pleasure. Do we want 21 to approve these procedures? Do we want to come back with 22 them one more time? 23 COMMISSIONER GRIFFIN: As modified? 24 MS. BAILEY: I can make that modification to 25 the last part, according to your instructions, allow the 75 1 Judge to make take determination. And if you wanted to 2 approve them with that one change, then I can make that 3 change effective. 4 COMMISSIONER WILLIAMS: I would move that we 5 adopt the procedures for contempt actions pursuant to the 6 Kerr County Flood Damage Prevention Order, as modified by 7 discussions this morning. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Williams, seconded by Commissioner Griffin, that we adopt 11 the procedures for contempt actions pursuant to the Kerr 12 County Flood Damage Prevention Order, as modified. Any 13 further questions or comments? If not, all in favor, raise 14 your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: At this time, we're going to 19 take a 10-minute break. We'll be back for the remaining 20 four items, in addition to the Executive Session, which is 21 tentatively posted for 11 o'clock. Be back promptly 20 22 minutes to 11:00, please. 23 (Recess taken from 10:30 a.m. to 10:40 a.m.) 24 - - - - - - - - - - 25 JUDGE HENNEKE: Okay. It's 20 minutes till 76 1 11:00 on Monday, July 10th, Year 2000. We will reconvene 2 this regular session of Kerr County Commissioners Court. 3 Next item for consideration is Item Number 10, consider and 4 discuss approving the proposed Kerr County Park Rules and 5 Regulations and set a public hearing on the same. 6 Commissioner Letz. 7 COMMISSIONER LETZ: Well, I've already -- 8 before we get started, I have a couple of changes to make. 9 One is because Thea, for some reason, couldn't read my very 10 clear handwriting, to where I had an arrow drawn on it. In 11 Section 3, the second sentence -- well, the middle of it, 12 where it says "access to all public boat ramps," that should 13 be a separate sentence at the end and should follow that. 14 Currently it's kind of placed in the middle of a sentence, 15 and it should be at the end of it. 16 COMMISSIONER GRIFFIN: Read it the way it 17 should be. 18 COMMISSIONER LETZ: So, it should say, "They 19 shall be closed to the public from 10 p.m. to 7 a.m." 20 COMMISSIONER GRIFFIN: Seven? 21 COMMISSIONER LETZ: 7:30 a.m., sorry. "And 22 also as authorized" -- excuse me. "Also as otherwise 23 closed" -- I can't speak -- "by orders of the Commissioners 24 Court, Maintenance Department or Sheriff, for the purpose of 25 rehabilitation, cleaning, general supervision, or to protect 77 1 the health, safety, and general welfare of the public. 2 Access to all boat ramps" -- period. "Access to all boat 3 ramps and the immediate areas adjacent thereto shall be open 4 24 hours per day for the purpose of launching and retrieving 5 boats," period. So, it's -- and then, in Section 4, I had a 6 number of complaints about -- even though we got rid of 7 the -- part of the things we can do on the dam, I reread 8 that, and I really don't think that that section is even 9 needed. I think when I get into trying to explain or tell 10 people what they can and can't do and how they get into the 11 river or lakes, it just opens up -- the more you say, the 12 worse it gets. So, I think -- I think we should delete that 13 entire section, and if we add anything in its place, have a 14 general safety paragraph; something to the effect that it 15 shall be unlawful to act in any dangerous or unsafe manner 16 in any Kerr County park, and just leave it very generic and 17 broad, because I think that it is not reasonable, when I 18 read it again, to say you can't enter -- can't jump into the 19 river. I mean, you can say it, and it may be -- you know, 20 hopefully people have some sense; they don't jump onto a 21 rock. But how do you enforce it? And, I think if you can't 22 enforce something, no reason to have it in the rules, so I 23 would really be in favor of either deleting Section 4 24 entirely or replacing it with just some general safety 25 language. 78 1 COMMISSIONER WILLIAMS: I have some 2 questions, Commissioner. 3 COMMISSIONER LETZ: Sure. 4 COMMISSIONER WILLIAMS: You have a lot of 5 references that decision-making is going to be made by 6 Commissioners Court, and I'm wondering -- if these are 7 patterned somewhat after the rules and regulations that 8 Kerrville has for its -- through its Parks and Recreation 9 Department for the conduct and use of its parks, I'm 10 wondering why we could not do the same thing by reason of 11 permissions and permits granted through our own Facilities 12 and Use Department, as opposed to the Kerr County 13 Commissioners Court. Now, maybe that's what you had in 14 mind, but I don't read it that way. I can see that our 15 agendas in the future will be somewhat crowded with people 16 wanting to have special permits or special uses brought to 17 Commissioners Court to make a decision on the use of the 18 park, which could be done routinely through Facilities and 19 Use Department, because we have a booking facility there. 20 So, I would think that we might want to consider that we 21 develop a policy handbook that says what can be and cannot 22 be done, what activities can be held in the park, and any 23 exceptions to those rules and activities then would come 24 through the Facilities and Use Department in the form of an 25 application by the -- whoever wants to do it to 79 1 Commissioners Court to make the exception, as opposed to our 2 being involved in routine uses of the park. That was one -- 3 one item that I wanted to talk about. And another had to do 4 with the one you just talked about, Section 4. I was 5 curious as to how we would enforce all of that, but you've 6 addressed that one. 7 Another thing that comes to mind, I get a lot 8 of complaints about every time we have a holiday and people 9 spend their hard-earned cash on fireworks, because we have 10 no ban on fireworks in Kerr County, and this being a Kerr 11 County park outside the city limits, seems to me that Flat 12 Rock Lake Dam, as well as Ingram Dam and U.G.R.A. Dam, are 13 always good places for people to do their fireworks. I'm 14 wondering if we anticipate addressing that issue. I get a 15 lot of phone calls after every holiday from people who live 16 on Bandera Highway adjacent to or right on the river, on 17 Flat Rock Lake Park -- Flat Rock Lake, about the noise, the 18 danger. People wonder how it is we can permit fireworks to 19 take place when we have burn bans and dry territory out 20 there, for which we may have burn bans we establish, and I'm 21 wondering if you plan to address the utilization of 22 fireworks in the parks. 23 COMMISSIONER LETZ: I think you just did. 24 But, I -- regarding the fireworks issue, I have no problem 25 of adding that, probably under miscellaneous provisions, if 80 1 we can get a good definition of what "fireworks" is. I 2 think we all know what it is when you hear the term, but if 3 you get a legal definition of it, you know, I'm sure we can 4 come up with that and just add it under there. I think 5 that's a good idea, because there is a -- a danger aspect 6 with them, as well, in addition to the public nuisance 7 standpoint. 8 COMMISSIONER BALDWIN: Seems like, to me, 9 when people ban fireworks, like San Antonio does 10 occasionally, seems like they address aerial type only. 11 COMMISSIONER WILLIAMS: Permit aerial? Or 12 just -- 13 COMMISSIONER BALDWIN: When they ban 14 something, it's aerial. 15 COMMISSIONER WILLIAMS: Banning aerial. 16 COMMISSIONER GRIFFIN: Fireworks. That's a 17 term I've seen used, too. 18 COMMISSIONER WILLIAMS: If you go look at the 19 litter right now -- go look at the litter. I'm not sure 20 about Ingram Park, but I can tell you, the litter in Center 21 Point Park is incredible in terms of expended casings for 22 fireworks. And once that's done, they leave, and -- you 23 know, that fun is over and they don't bother cleaning up 24 behind themselves. 25 COMMISSIONER LETZ: We certainly can add 81 1 something -- or ban fireworks of all types, really. I mean, 2 I think they're really is no reason for them to be in -- 3 COMMISSIONER BALDWIN: I agree. 4 COMMISSIONER LETZ: -- public parks. 5 Regarding the first issue on who's making the decision, when 6 I worked on these, I didn't really envision there would be 7 that many requests for exceptions. I do not have a problem, 8 though, with, you know, developing a policy, letting the 9 booking office or Maintenance Department handle that, with a 10 -- you know, with a -- a fairly easy appeal process straight 11 to the Court. 12 COMMISSIONER WILLIAMS: Mm-hmm. Exceptions 13 to the policy. 14 COMMISSIONER LETZ: Right. And I think 15 something like any kind of overnight use, we probably would 16 want to look at that. That's -- you know, as an example, 17 that's something that we would be very careful of allowing 18 that, and there shouldn't be very much. But, we can 19 certainly work on that. 20 COMMISSIONER WILLIAMS: Those were my two 21 areas -- concerns. 22 JUDGE HENNEKE: Anyone else? We had a 23 request from Ms. Pat Bowles to address us on this issue. 24 Ms. Bowles, do you want to come forward now, please? 25 MS. BOWLES: Sure. I'm down at the Flat Rock 82 1 Park every morning; I walk my dogs there. About eight of us 2 walk our dogs there for maybe 10 years, so we're down there 3 every single morning walking, and have I three concerns that 4 I would appreciate it if y'all would think about, okay? One 5 is access. If you remember last year, when this plan was 6 made to improve the park -- it was a wonderful plan, and, 7 you know, I applaud you for finally doing it. You built 8 this big fence around the park, like a cable fence. 9 There -- I believe there are three gates. Those gates are 10 locked much of the time, and it saddens me to know that 11 people don't have access to the park. 12 Used to, there would be big families down at 13 the park; they would have picnics, they would have reunions. 14 There would be people down there fishing. And, you know, 15 this is Kerr County and a lot of people are elderly. There 16 were a couple of disabled people that would go down there 17 and fish that have wheelchairs. Well, now they can't get 18 in. Those gates are often locked all through the day, and 19 then sometimes for no reason that anybody can tell, they're 20 opened. So, I mean, I would appreciate it if y'all would 21 either state a time when they're going to be open, or say 22 they're never ever going to be opened and the park is just 23 not to be used, except by those of us that just, you know, 24 scoot under the fence. But, I mean, elderly people, people 25 with big families, they can't use the park. 83 1 The second concern I had that y'all just 2 discussed is the trash. There's no trash barrels down 3 there. You were talking this morning about picking up some 4 of the fireworks trash, but there are no trash barrels. 5 There's a trash barrel up on River Road, mostly used by the 6 people that frequent the bars up there. There's only one 7 trash barrel down by the river, where the boat ramp is, the 8 new boat ramp. Sure would be great to have some covered 9 dumpsters like they have at the other parks, so people can 10 put those dead fish and those dirty diapers in there. That 11 would be really nice to have some trash barrels. 12 And, the other concern -- and I don't know if 13 y'all are aware of it; I don't know if any of you have been 14 down there. When you bulldozed everything, bulldozed all 15 the grass and the little native trees and put in some fill 16 dirt, you know, there's an awful weed problem down there 17 now. Really affects the use of the park. Tons of grass 18 burrs. The Johnson grass is tall as I am; of course, I'm 19 not very tall. Nettles, and the huge, big sunflowers. Not 20 very scenic, you know. And I know that they came down there 21 and mowed recently. Well, of course, when they mow -- when 22 you mow those grass burrs, the grass burrs then are ten 23 times worse. So, you know, its an awful weed problem. But 24 the main concern that I have is just the access. It would 25 be nice if the park would be opened so people could use it. 84 1 COMMISSIONER LETZ: The reason -- well, 2 actually, the access is what we were talking about in the 3 rules, is to have a set time when the gates are open, and 4 have a policy as to those hours. 5 MS. BOWLES: What's your rule now? 6 COMMISSIONER LETZ: The rule now is -- the 7 reason -- it has been a little bit slow in getting the rules 8 through, but we intentionally left the gates locked most of 9 the time, trying to let -- we spent a great deal of money 10 reseeding that. 11 MS. BOWLES: With Johnson grass and grass 12 burrs. 13 COMMISSIONER LETZ: No, we used Bermuda 14 grass, ma'am. And there was no fill dirt brought in. The 15 dirt that was done was by grading the ground -- we did 16 grade. A lot of the weeds -- you can get that many times 17 with construction. The intent was to try to let the Bermuda 18 grass get some foothold. The problem has been it's been 19 dry; we've not done a real good job of that, but I think it 20 will grow. That's the reason the gates have been locked. 21 We decided at the last Commissioners Court meeting to go 22 ahead and leave them locked until we get the rules enforced, 23 so we have a way to close them. In some way, you know, 24 bypass -- bypass the rules. 25 MS. BOWLES: It's just a shame that people 85 1 can't go down there and fish like they used to and enjoy the 2 park and picnic. 3 COMMISSIONER LETZ: Well, I mean, you're just 4 going to have -- and I've talked to you on the phone several 5 times. I've told you, you know, while we were going through 6 the construction phase, that in our minds, we keep it locked 7 so we can get the work done. We're finished with that; 8 we're now at the point of putting together rules, and we'll 9 have set hours. Regarding the trash, it's our plan to put 10 it into our budget -- we don't have a budget for a trash 11 service down there. Our plan is to put that into place and 12 bring it up, have a dumpster down there with a regular trash 13 service, which will address that problem. Part of that 14 problem, anyway. 15 MS. BOWLES: So, you're saying there was no 16 fill dirt put in right there where you've got the road 17 basically closed? I mean, I saw the guys bring in fill 18 dirt; that's where most of the, you know, noxious weeds are. 19 I mean, they dumped dirt there. It was loose dirt. 'Cause 20 I walk by there every morning, and, I mean, there's 21 Johnson -- there's nettles and Johnson grass and grass 22 burrs. 23 COMMISSIONER LETZ: We did not buy dirt to 24 put in there. We brought -- moved dirt around quite a bit. 25 I don't recall -- 86 1 MS. BOWLES: Are y'all planning to mow that, 2 or maybe spray it? Get rid of some of those weeds? 3 COMMISSIONER LETZ: It's under a mowing 4 schedule. It will be addressed in next year's budget, and 5 to have it -- how to do it on a more regular basis. 6 MS. BOWLES: Okay. One other concern, and 7 then I'm going to get out of your way. I don't want to be 8 long-winded here. When you built the walking bridge over 9 Third Creek, I don't know if you're aware, that completely 10 damned off Third Creek. Now, I'm not a water expert, but 11 it -- it's just -- it's slimy. There's, like, a coating 12 of -- of -- of moldy-looking stuff. I don't know, you know, 13 how important Third Creek is, 'cause I'm not an expert on 14 water. 15 COMMISSIONER LETZ: There are two, I believe, 16 either 6- or 8-foot culverts that the water flows under. 17 It's not dammed. It's basically -- it's a bridge. On the 18 surface, there may be some retention right there, but the -- 19 it was built to FEMA regulations, what their requirements 20 were, and the water flows underneath that. It's not solid. 21 MS. BOWLES: It's not visible. I mean, I'm 22 not, you know, disagreeing with you, but I walk over there 23 every day and the culverts are not visible. The water 24 appears to be stagnant, so -- 25 COMMISSIONER LETZ: All I can tell you, 87 1 ma'am, there are two -- I believe they're 8-foot culverts 2 under there. 3 MS. BOWLES: Okay. 4 JUDGE HENNEKE: Thank you. 5 COMMISSIONER BALDWIN: So, the only comment I 6 have is, I'm definitely in favor of deleting Section 4. 7 COMMISSIONER LETZ: Completely? Or adding a 8 general -- 9 COMMISSIONER GRIFFIN: Just add a safety -- 10 JUDGE HENNEKE: I think you need a generic, 11 Do not do anything that's dangerous, hazardous -- 12 COMMISSIONER LETZ: Okay. 13 JUDGE HENNEKE: -- immoral. 14 COMMISSIONER LETZ: I'll take one more stab 15 at this and bring it back. 16 JUDGE HENNEKE: Okay. All right, next item 17 is Item Number 11, consider and discuss accepting a free 18 energy utility survey conducted by the Texas Energy 19 Services, Inc., under contract to the State of Texas Energy 20 Conservation Office. You have the letter I received, as 21 well as the Memorandum of Understanding. Basically, the way 22 I understand this program is this Texas Energy Services -- 23 Energy Engineering Services, Inc., will come in and do an 24 evaluation of the courthouse, and we can probably get them 25 to do other buildings as well, to determine any options for 88 1 implementing needed upgrade for such projects as the 2 air-conditioning, lighting and control systems. Our only 3 obligation under this program is to consider implementing 4 the projects if they are of use to us and acceptable funding 5 is available. Anybody have any questions or comments? 6 COMMISSIONER BALDWIN: I have a question of 7 Mr. Holekamp. Have we ever done this kind of thing? 8 MR. HOLEKAMP: Yes, sir. Approximately a 9 year ago it was done, but I never got a final report of the 10 findings. 11 JUDGE HENNEKE: Who did it? 12 MR. HOLEKAMP: TAC, I believe. It was -- it 13 was a separate company that was contracted. 14 MS. SOVIL: Same people. 15 MR. HOLEKAMP: Huh? 16 MS. SOVIL: Same people. 17 MR. HOLEKAMP: Same people. They had done 18 it, but I never received a report. They evaluated all the 19 buildings, and indicated a -- where we should have fire 20 extinguishers and certain things and -- 21 COMMISSIONER GRIFFIN: That was a -- 22 JUDGE HENNEKE: That was a safety audit. 23 MR. HOLEKAMP: Was that safety? 24 JUDGE HENNEKE: This is energy efficiency. 25 MR. HOLEKAMP: Well, then, we haven't had one 89 1 of those, but I never got a report on the other one. Is it 2 the same company, basically? Same group? 3 JUDGE HENNEKE: No. No, it's a different 4 concept. 5 MS. SOVIL: No, but we've had an energy deal 6 before. 7 MR. HOLEKAMP: That was before my time. I'm 8 not aware of it. 9 COMMISSIONER BALDWIN: Just seemed like I had 10 heard something like this before. Well, so, if -- if they 11 find some things wrong and we need to correct them, if the 12 funds are available, are we tied to this particular company 13 to come in and do those particular repairs? Or -- 14 JUDGE HENNEKE: No. 15 COMMISSIONER BALDWIN: What was that? 16 JUDGE HENNEKE: No, we're not. They're 17 getting paid by the State to come and do the audits. 18 COMMISSIONER WILLIAMS: I don't think there's 19 any harm in doing an audit, long as we're not obligated to 20 fund the corrections, if any, at the conclusion of it. 21 COMMISSIONER LETZ: I mean, the second 22 statement says, "SECO agrees to provide this service at no 23 cost to the partner with the understanding that the partner 24 is committed to implementing energy management project 25 recommendations if acceptable funding is identified." I 90 1 mean, under whose criteria, I guess, is the question. I 2 mean, are -- 3 JUDGE HENNEKE: "Acceptable" has to be 4 acceptable to us, really. We're the ones that -- we're the 5 ones that have the requirement of spending the money. 6 COMMISSIONER WILLIAMS: Doesn't quite square 7 with the Kerrville letter, is the point you're making. The 8 Kerrville letter is a little more vague. It says, "Your 9 commitment as a program participant is that you will 10 consider implementing the projects if they are..." 11 COMMISSIONER LETZ: It went from "consider" 12 to "committed." 13 COMMISSIONER WILLIAMS: Yeah, that's a big 14 leap. 15 COMMISSIONER LETZ: That's why I brought it 16 up. I think it's -- I mean, I would -- I think I would be 17 probably a little bit picky on that. I think it's a good 18 idea to do it. I think that probably a professional can 19 come in and probably come up with recommendations that will 20 save us money. It usually costs some money to do them, but 21 long-term, you can save with a lot of these. I just hate to 22 be tied to do it. I don't think it is, but I just -- that 23 does say "committed" right there. 24 COMMISSIONER GRIFFIN: So, on this thing 25 here, it says what we are -- it says on the right side, says 91 1 "There is no fee for this service. However, participants 2 will agree to provide key commitments as their contribution 3 to the partnership." And then it outlines the things that 4 we would do: Provide utility bills, designate a contact 5 person, allow the State office and/or its contractor to make 6 a presentation to us, and then agree to implement as many of 7 the recommendations as financially feasible. That's -- I 8 think that is what we're all questioning. What does that 9 really mean? And the State office will assist with the 10 implementation funding -- and funding of recommended 11 projects. So, is the State saying they're going to cough up 12 some money? That's what it says. "SECO will assist with 13 the implementation and funding of recommended projects." 14 COMMISSIONER LETZ: Why are we so leery of 15 the State giving us money? 16 JUDGE HENNEKE: We're looking a gift horse in 17 the mouth here. We have aging facilities, and utility bills 18 are a substantial part of our annual budget. If we can 19 save -- if we can save 10 percent on our annual utility 20 bills, it will be well worth it. 21 COMMISSIONER GRIFFIN: So we probably ought 22 to -- my thinking is we probably ought to do it. First time 23 we meet with them, we'll know whether -- you know, if this 24 is really all there is to it. I think we'll very quickly 25 pick up on whether -- 'cause they're going to want us to 92 1 sign something, I bet. 2 JUDGE HENNEKE: I think there's a Memorandum 3 of Understanding in the packet. 4 COMMISSIONER GRIFFIN: So, I'd make the 5 motion that we pursue it. What kind of a motion do we need 6 here? 7 JUDGE HENNEKE: That we enter into the Energy 8 Efficient Partnership -- 9 COMMISSIONER GRIFFIN: With SECO. 10 JUDGE HENNEKE: Right. 11 COMMISSIONER GRIFFIN: I'll so move that. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, seconded by Commissioner Williams, that Kerr County 15 enter into -- into an Energy Efficient Partnership with 16 SECO, which is the State of Texas Energy Conservation 17 Office. Any further questions or comments? If not, all in 18 favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Item Number 23 12 is consider and discuss appointing two representatives 24 from Kerr County to the Rural Public Transportation Advisory 25 Committee of the Alamo Area Council of Governments. I have 93 1 a request in the packet whereby Al Notzon, Executive 2 Director of AACOG, has requested that we appoint two 3 representatives to the AACOG Rural Public Transportation 4 Advisory Committee. I brought this to your attention to see 5 if any -- I think this is something we ought to do. There's 6 no reason not to be represented on that committee. See if 7 anyone has any particular individuals they would like to -- 8 COMMISSIONER BALDWIN: We have two now, don't 9 we? 10 JUDGE HENNEKE: No, we don't. That's the 11 point; we don't have any. 12 COMMISSIONER BALDWIN: What happened to 13 Bernie Bruns? 14 MS. SOVIL: They quit. 15 COMMISSIONER WILLIAMS: That's the one that 16 comes to my mind. 17 COMMISSIONER BALDWIN: Yeah. 18 JUDGE HENNEKE: Bernie was on the Senior 19 Advisory Committee. I don't know if he was on the Rural 20 Public Transportation -- 21 COMMISSIONER WILLIAMS: I think he was. He 22 was really instrumental in Dietert Senior Center getting 23 whatever funding that they got, so he was involved in it. 24 I don't know why he's not on it now. 25 JUDGE HENNEKE: I think that may have been, 94 1 again, through the Senior Advisory Committee. 2 COMMISSIONER WILLIAMS: May have been, but -- 3 JUDGE HENNEKE: Rather than the 4 Transportation Committee. 5 COMMISSIONER WILLIAMS: Okay. But he was 6 involved in rural transportation. 7 JUDGE HENNEKE: Right. 8 COMMISSIONER WILLIAMS: That's my only point. 9 COMMISSIONER GRIFFIN: So, what you're asking 10 for is potential nominees to the position? 11 JUDGE HENNEKE: Let's just -- just take this 12 under advisement, if anyone has an individual who would be 13 willing to serve. And this is an issue -- in the AACOG 14 meetings, it's becoming much more prominent, because the 15 rural judges are coming to the realization that we have to 16 organize in order to get any transportation dollars. The 17 big cities and metroplexes, the rapid transit systems are 18 just sucking everything up, and so we should give some 19 thought to this, bring back some names at the next meeting 20 of people who are interested and have some expertise, and 21 more than that, would be willing to go to the meetings and 22 put in the time necessary to have an impact. So -- 23 COMMISSIONER WILLIAMS: I'd be happy to 24 volunteer to contact Bernie and ask him if he'd like to 25 re-up. 95 1 JUDGE HENNEKE: Well -- 2 COMMISSIONER LETZ: What exactly comes under 3 this? I mean, do you know? Is this just -- whatever things 4 they're dealing with, is this something that we need a 5 volunteer for, or could we ask that a -- someone from Road 6 and Bridge be part of this? Or is it -- 7 JUDGE HENNEKE: I think -- 8 COMMISSIONER LETZ: -- more -- what type of 9 thing is it? 10 JUDGE HENNEKE: Well, it's more an overlook 11 at where the dollars are going and what are the requirements 12 of the rural areas. It's not technical enough, I don't 13 think, for someone from Road and Bridge, plus I'm loathe to 14 pull someone off of Road and Bridge for three or four hours 15 a month to go and participate in this. But it's more a look 16 at what are the needs of the rural areas, as far as public 17 transportation. Where are the dollars? How do we integrate 18 it regionally? How do we organize it? 19 COMMISSIONER GRIFFIN: How do you get a voice 20 to go advocate for -- 21 JUDGE HENNEKE: That's right. 22 COMMISSIONER GRIFFIN: -- grant funds or 23 whatever it may be? State funds, federal funds, whatever. 24 Sort of a regional strategy that includes the rural piece. 25 I see the -- 96 1 COMMISSIONER BALDWIN: And one of the points 2 Fred made, this is -- it's just like any of those other 3 monies, you know, the federal block grant stuff, like child 4 care, those kinds of dollars. The City -- and in AACOG 5 region, City of San Antonio gobbles it all up, probably 90 6 percent of it, and the outlying rural counties -- us, 7 including a lot more; I don't remember how many -- gets 8 very, very little of that money. Until we start pulling 9 together and sending people down there that really represent 10 us, we're never going to have any. 11 COMMISSIONER LETZ: Does this cover things 12 like the Dietert Claim -- was it Dietert that did the 13 bicycle lanes and that stuff too? 14 JUDGE HENNEKE: No. No, this is more moving 15 people. Moving people efficiently. 16 COMMISSIONER BALDWIN: Want to put a little 17 train in your park? 18 COMMISSIONER GRIFFIN: You talking about the 19 Hunt-Comfort train line? 20 (Discussion off the record.) 21 JUDGE HENNEKE: Well, let's -- we'll bring it 22 back at the next meeting. If anyone has any recommendations 23 for individuals who would like to serve on this, please 24 contact them ahead of time. Make sure in your own mind, 25 before you recommend them, that they're interested and 97 1 they're willing to take the time to go and attend the 2 committee meetings and study the issue. 3 The final item on the regular agenda is 4 consider and discuss participation of the Texas County Storm 5 Water Coalition in the amount of $375. For those of you who 6 aren't aware, the Texas Storm Water Coalition is a group of 7 Texas counties who, first of all, review and then oppose the 8 Environmental Protection Agency's proposed Storm Water Phase 9 II rules regarding permit ordinance supervision. They've 10 been fairly effective, working with Senator Hutchison in 11 particular, to address some of the more unrealistic aspects 12 of the E.P.A. rules. I was surprised, quite frankly, that 13 Kerr County was not a member of the coalition. I would like 14 to recommend that we do so, at a cost of $375, and we take 15 the funds out of Professional Services. 16 COMMISSIONER LETZ: I think this is a good 17 organization; I think they've done a really good job, very 18 active. I'm kind of surprised we're not a member, too. 19 COMMISSIONER BALDWIN: We agreed to do that. 20 Are we on there? 21 COMMISSIONER WILLIAMS: We're listed. 22 COMMISSIONER GRIFFIN: I thought we were. 23 COMMISSIONER WILLIAMS: Right here on this 24 page. 25 JUDGE HENNEKE: Oh, there we are. Oh, okay. 98 1 COMMISSIONER GRIFFIN: I think we had -- I 2 think we are a member. 3 MS. SOVIL: We paid our monies before. 4 COMMISSIONER GRIFFIN: Right. 5 COMMISSIONER BALDWIN: I agree with the 6 Judge. 7 JUDGE HENNEKE: Well, then, the request, I 8 guess, would be that we continue to participate, so let's 9 have a motion to that effect. 10 COMMISSIONER GRIFFIN: So moved. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE HENNEKE: Moved by Commissioner 13 Griffin, seconded by Commissioner Baldwin, that Kerr County 14 continue to participate in the Texas County Storm Water 15 Coalition, at a cost of $375, with such funds to be taken 16 from the Professional Services line item. Any further 17 questions or comments? If not, all in favor, raise your 18 right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. 23 COMMISSIONER LETZ: My only comment, we might 24 talk about this tomorrow during budget, to put that in for 25 next year as one of our items, 'cause it's going to be 99 1 around for a while, as long as the E.P.A. keeps on -- as 2 long as the E.P.A. is around, we're going to need the 3 program. 4 COMMISSIONER GRIFFIN: Exactly. 5 JUDGE HENNEKE: At this time, that concludes 6 the regular portion of the meeting. The Commissioners Court 7 will now go into closed meeting pursuant to Title 5, Chapter 8 551 of the Government Code, and Title 5, Chapter 552, 9 consultations with County Attorney on possible/pending 10 litigation. 11 (The open session was closed at 11:10 a.m., and an Executive Session was held, the 12 transcript of which is contained in a separate document.) 13 - - - - - - - - - - 14 JUDGE HENNEKE: At this time, the Kerr County 15 Commissioners Court will return to open session. We have 16 been discussing in closed session with the County Attorney 17 all pending and possible litigation. Are there any matters 18 to be taken up at this time? At this time, I would 19 entertain a motion to authorize the attorney representing -- 20 authorizing Kerr County to pay to the attorney representing 21 us in the lawsuit filed by the former inmate from New 22 Zealand, Dr. Terry Parvin, who is also named in that 23 lawsuit, with the understanding that Kerr County has the 24 ability to terminate that arrangement at any time on 30 25 days' notice to Dr. Parvin. 100 1 COMMISSIONER GRIFFIN: So moved. 2 COMMISSIONER WILLIAMS: Second. 3 JUDGE HENNEKE: Moved by Commissioner 4 Griffin, seconded by Commissioner Williams. Any further 5 discussion? If not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: If we have no other business 10 to come before us, we stand adjourned. 11 (Commissioners Court adjourned at 11:38 a.m.) 12 - - - - - - - - - - 13 14 STATE OF TEXAS | 15 COUNTY OF KERR | 16 The above and foregoing is a true and complete 17 transcription of my stenotype notes taken in my capacity as 18 County Clerk of the Commissioners Court of Kerr County, 19 Texas, at the time and place heretofore set forth. 20 DATED at Kerrville, Texas, this 13th day of July, 2000. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25