1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 25, 2000 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 23 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 24 25 ABSENT: H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 2 1 I N D E X September 25, 2000 PAGE 2 --- Commissioners' Comments 3 3 1.1 Pay bills 5 4 1.2 Budget Amendments 5 1.3 Late Bills 14 5 1.4 Approve and accept monthly reports 15 6 2.1 Approving 14-1 position, Road & Bridge Dept. 15 7 2.2 Grade classification of Administrative Assistant, Road & Bridge Department 19 8 2.3 Final replat, Tracts 60 & 45 & Lot 25, Cypress Park Section One, Precinct 3 28 9 2.4 Final plat, La Hacienda Addition, Precinct 4 32 2.5 Amend Court Order 26503, name change correction 34 10 2.6 Approve name changes, privately-maintained roads 34 2.7 Rate charged for copy of plat 35 11 2.8 Order to replace election judge/alternate judge 43 2.9 Order of General Election, Nov. 7th election 43 12 2.12 PUBLIC HEARING - No-Wake Zone on county lakes (not published - hearing rescheduled) 45* 13 2.13 Consider establishing No-Wake Zone 48 2.10 Adoption of FY 2000/2001 County budget 53 14 2.11 Adoption of FY 2000/2001 County tax rate 60 2.14 Resolution - assignment of rights to Universal 15 Cable Holdings, Inc. 61 2.15 2000/2001 Child Care Local Initiative Agreement 63 16 2.21 Donation of "Freedom Shrine" 70 2.12 Date correction for public hearing, No-Wake Zone 71* 17 2.17 Approve job descriptions by Nash & Associates 72 2.18 Approve 10% local match for AACOG JPD grant 80 18 2.19 Construction of courthouse parking areas 81 2.20 Declare as surplus 2 culverts for trade with 4-H 91 19 2.22 Revise procedures to appoint 911 representatives 93 2.23 Appointing new County representatives to 911 20 Board, creating 911 advisory board 111 2.24 Comments/questions on Region J Water Plan 112 21 2.25 Separate contract with IHR for notifier system 118 2.26 Separate contract with Sound Distributors for 22 two additional microphones 127 2.27 Revise scope of work by approving Change Order 23 No. 5, Courthouse Annex renovation 133 2.28 Accept Phase 3-A, Courthouse Annex renovation 136 24 --- Adjourned 157 25 --- Reporter's certificate 158 3 1 On Monday, September 25, 2000, at 9 o'clock a.m., a 2 Special Session of the Kerr County Commissioners Court was 3 held in the Commissioners' Courtroom, Kerr County Courthouse, 4 and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning. It's 9 o'clock 7 on Monday, September 25, Year 2000. We'll call to order 8 this regular Special Session of the Kerr County 9 Commissioners Court. Commissioner Letz, I believe you have 10 the honors this morning. 11 COMMISSIONER LETZ: Everybody, please stand. 12 (Prayer and pledge of allegiance.) 13 JUDGE HENNEKE: Thank you. At this time, if 14 there's any citizen who wishes to address the Court on an 15 item not listed on the regular agenda, they may do so. Is 16 there any citizen who would like to address the Court on an 17 item not listed on the regular agenda? Once again is there 18 any citizen who would like to address the Court on an item 19 not listed on the regular agenda? Seeing none, we'll turn 20 to the Commissioners comments. Let's start with 21 Commissioner Letz this morning. 22 COMMISSIONER LETZ: Really, no comments this 23 morning. Just glad we got some rain. 24 JUDGE HENNEKE: Good. Commissioner Griffin? 25 COMMISSIONER GRIFFIN: The same. Thanks for 4 1 the rain, and -- and we should remind the public that the 2 burn ban is still on. Still very low moisture content in 3 the dead grasses and all. You can start a fire probably by 4 tomorrow, and it will dry out the grass and burn it. So, we 5 need to just make sure everybody is aware that the rain is 6 good and that if we get a little bit more, maybe we can look 7 forward at some point to taking the burn ban off, but it is 8 on for now. 9 JUDGE HENNEKE: Absolutely. Commissioner 10 Williams? 11 COMMISSIONER WILLIAMS: Ditto, and thanks for 12 the cool weather, too. 13 JUDGE HENNEKE: All right. I'll remind some 14 people of some upcoming meetings. We have a -- there's been 15 a workshop posted for tomorrow at 7 o'clock in order to 16 permit the Court to attend the public comments on the 17 Region J Water Plan, which is tomorrow at 7 o'clock at the 18 U.G.R.A. building at 125 Lehmann Street. We will take no 19 action, but in order for the Court to attend and offer any 20 comments, we have to have that posted. Similarly, we have a 21 workshop scheduled for 1:30 on Wednesday with the T.N.R.C.C. 22 to discuss their comments and suggestions on the draft of 23 the O.S.S.F. Rules, which the Court passed earlier this 24 month, or last month; I've forgotten exactly. And, finally, 25 I'll remind everyone that our next regularly scheduled 5 1 meeting is October 10th, which is a holiday, so rather than 2 on the 10th, we will be meeting at 9 o'clock on the 11th, 3 that will be. Without any further ado, let's pay some 4 bills. Tommy? Does anyone have any questions or comments 5 on the bills as presented? 6 COMMISSIONER GRIFFIN: I move we pay the 7 bills. 8 COMMISSIONER WILLIAMS: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Griffin, seconded by Commissioner Williams, that we 11 authorize payment of the bills as presented and recommended 12 by the Auditor. Any further questions or comments? If not, 13 all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Budget 18 amendments. 19 MR. TOMLINSON: Believe it or not, we only 20 have eight. That's a record for the last meeting of the 21 year. 22 JUDGE HENNEKE: First one relates to the 23 District Clerk. 24 MR. TOMLINSON: Number 1 is between the 25 District Clerk's Office and Nondepartmental. We had to 6 1 replace a printer, receipt printer in her office. This 2 amendment is to transfer $292.10 from Commissioners Court -- 3 I mean Nondepartmental Contingency to Capital Outlay in the 4 District Clerk's budget. And I also need a hand check for 5 this bill. 6 COMMISSIONER GRIFFIN: So moved. 7 COMMISSIONER LETZ: Second. 8 JUDGE HENNEKE: Moved by Commissioner 9 Griffin, seconded by Commissioner Letz, that we approve 10 Budget Amendment Request Number 1 for the District Clerk's 11 Office and authorize a hand check to pay the bill for the 12 printer. Any further questions or comments? If not, all in 13 favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Budget 18 Amendment Number 2 relates to Road and Bridge Department. 19 MR. TOMLINSON: This is a two-part amendment. 20 The request is to transfer $1,035 from Fence Repairs to 21 Equipment Rental. It's to pay a bill to Caterpillar for 22 that amount for $1,035. The next one is to transfer $1,160 23 from Contract Fees to Equipment Repairs, and it's for the 24 replacement of a radio to Advantage Communications, mobile 25 radio. And I need -- these are late bills that I also need 7 1 hand checks for. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER GRIFFIN: Second. 4 JUDGE HENNEKE: Moved by Commissioner Letz, 5 seconded by Commissioner Griffin, that we approve Budget 6 Amendment Request Number 2 for Road and Bridge Department 7 and authorize issuance of a hand check to Caterpillar and to 8 Advantage Communications. Any further questions or 9 comments? If not, all in favor, raise 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. Number 3 is 14 for Nondepartmental. 15 MR. TOMLINSON: Okay. This request is to pay 16 a bill -- a late bill to the Texas County Storm Water 17 Coalition, associated with the Texas Association of 18 Counties. Total bill is $375, and we're requesting a 19 transfer from -- in the Independent Audit line item to 20 Books, Publications, and Dues for $88.24. 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Williams, seconded by Commissioner Griffin, that we approve 25 Budget Amendment Request Number 3 to pay the annual dues for 8 1 the Texas Storm Water Coalition and authorize issuance of a 2 hand check for that payment. Any further questions or 3 comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. Number 4 is 8 for the 216th and the 198th District Courts. 9 MR. TOMLINSON: Okay. This request is to 10 transfer $32.79 from the Special District Judge line item to 11 Telephone in the 216th court, and $4.94 from Miscellaneous 12 to Telephone in the 198th court, and this is to pay a 13 late -- late bill to Five Star Wireless. 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Moved by Commissioner Letz, 17 seconded by Commissioner Griffin, that we approve Budget 18 Amendment Number 4 for the District Courts. Any further 19 questions or comments? If not, all in favor, raise your 20 right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. Number 5 25 relates to the County Jail. 9 1 MR. TOMLINSON: Okay. This is a multi-part 2 amendment. First is to transfer $1,968 from the Insurance 3 line item in the Jail, and $1,352.78 from Prisoner Supplies. 4 This -- the total of this will be transferred into Prisoner 5 Meals and Trash Service. The other part is to transfer 6 $5,000 from the Buy Operations line item in the Sheriff's 7 budget to Vehicle Gas and Oil in that budget. I do have 8 late bills associated with this. One is to Butterkrust 9 Bakery for $874.96. Actually, there's another one to them 10 for $1,020.82. One from Oak Farms Dairies for $2,327.93. 11 Kerr County Produce for seven -- I mean, for $472.19. I 12 have a bill for $81.81 from gas card. Another one for 13 $4,679.89, and an invoice from B.F.I. for $842.02. 14 COMMISSIONER WILLIAMS: So moved. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Moved by Commissioner 17 Williams, seconded by Commissioner Griffin, that we approve 18 Budget Amendment Request Number 5 for the County Jail and 19 authorize issuance of hand checks as described by the 20 Auditor. Any further questions or comments? If not, all in 21 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. Number 6 10 1 relates to the County Auditor. 2 MR. TOMLINSON: Okay. This is my request to 3 transfer $69.89 from Machine Repairs into my Conference line 4 item. I have a conference in October, and I need the check 5 to my Association by October the 5th. This is my last 6 chance to -- to make that payment before it's due. 7 COMMISSIONER GRIFFIN: So moved. 8 COMMISSIONER LETZ: Second. 9 MR. TOMLINSON: I do need a hand check. 10 JUDGE HENNEKE: Moved by Commissioner 11 Griffin, seconded by Commissioner Letz, that we approve 12 Budget Amendment Request Number 6 for the County Auditor and 13 authorize issuance of a hand check for conference and 14 registration. Any further questions or comments? If not, 15 all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Number 7 is 20 for the District Clerk. 21 MR. TOMLINSON: Okay. This request is from 22 the District Clerk to purchase $2,000 in postage, $600 from 23 Overtime, $400 from Lease Copier line item, $800 from 24 Conferences, and $200 from Miscellaneous. This is a -- will 25 be a $2,000 purchase from -- for her postage meter. 11 1 COMMISSIONER GRIFFIN: So moved. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Moved by Commissioner 4 Griffin, seconded by Commissioner Letz, that we approve 5 Budget Amendment Request Number 7 and authorize issuance of 6 a hand check to purchase postage. Any further questions or 7 comments? If not, all in 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: Number 8 is for Commissioners 12 Court. 13 MR. TOMLINSON: Okay. This request is -- is 14 from Commissioner Williams to purchase a computer. I have 15 a -- I have a bid on -- or a quote on that computer of 16 $1,099. The $200 is an estimated amount for a printer to go 17 with that. There is an unexpended balance in the Capital 18 Outlay line item in Commissioners Court of $1,033.57. In 19 order to make this purchase, we need to transfer $266 out of 20 Lease Copier line item to Capital Outlay. 21 COMMISSIONER GRIFFIN: So moved. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Griffin, seconded by Commissioner Williams, that we approve 25 Budget Amendment Request Number 8. Any further questions or 12 1 comments? 2 COMMISSIONER LETZ: Question. What computer 3 is this for? 4 COMMISSIONER WILLIAMS: Me. 5 COMMISSIONER LETZ: I mean, is this a -- the 6 one that the -- 7 COMMISSIONER WILLIAMS: It stays here, 8 doesn't go out. 9 COMMISSIONER LETZ: Portable? 10 COMMISSIONER GRIFFIN: No. 11 COMMISSIONER WILLIAMS: Desktop. 12 COMMISSIONER LETZ: Desktop? Is this going 13 to replace the one that you wanted -- I mean, we've been 14 talking for a long time about getting a portable one for the 15 Commissioners Court, which I've opposed that as well, but -- 16 but why get one -- if the Commissioners Court wants to -- or 17 feels we need a portable, why get a -- 18 COMMISSIONER GRIFFIN: Well, this would still 19 be available for preparation of presentations and all that 20 sort of thing. It's not -- this actually replaces the old 21 computer that was here that we gave up to -- I forgot who we 22 gave it to, but -- 23 COMMISSIONER LETZ: Russ. 24 COMMISSIONER WILLIAMS: Court Collections 25 Department. 13 1 COMMISSIONER GRIFFIN: Right, 'cause that was 2 all they need. This one's got a little more horsepower, 3 that will be good for preparation of presentations and that 4 sort of thing, and it's also -- it can be networked with all 5 of our other computers. 6 COMMISSIONER LETZ: Right. 7 COMMISSIONER WILLIAMS: Seems to be no 8 sentiment to get a laptop for the purpose of using for the 9 presentations. This is one that could be used in-house for 10 that purpose, but not taken out. 11 COMMISSIONER GRIFFIN: Right. 12 COMMISSIONER LETZ: What would the laptop 13 cost? 14 COMMISSIONER WILLIAMS: About $3,000. 15 COMMISSIONER GRIFFIN: About three times that 16 or so. 17 COMMISSIONER WILLIAMS: If you want to change 18 it to a laptop, that's okay. 19 COMMISSIONER LETZ: I don't -- I don't -- I 20 have a hard time going with this one. I just -- I think 21 we've talked about it before, and the Court as a whole 22 decided not to buy that computer, so -- 23 COMMISSIONER WILLIAMS: Well, I'd like to 24 have one for my office to do work. Whether we use it in the 25 context of presentations or not, I still would like to have 14 1 one. 2 COMMISSIONER LETZ: Right. 3 JUDGE HENNEKE: Any further questions or 4 comments? If not, all in favor, raise your right hand. 5 (Commissioners Williams and Griffin indicated by raised hand that they were in favor of 6 the motion.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (Commissioner Letz indicated by raised hand that he was against the motion.) 9 10 JUDGE HENNEKE: Motion carries. Okay. Any 11 further -- any more late bills? 12 MR. TOMLINSON: I have one. It's from the 13 County Treasurer, to reimburse her for meals, mileage, and 14 for a conference -- actually, two conferences, for $383.02. 15 JUDGE HENNEKE: There's not in any her line 16 item, Conference budget for that? 17 MR. TOMLINSON: Yes. 18 JUDGE HENNEKE: Okay. 19 COMMISSIONER GRIFFIN: So moved. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE HENNEKE: Moved by Commissioner 22 Griffin, seconded by Commissioner Williams, that we 23 authorize issuance of a hand check to Barbara Nemec as 24 reimbursement for conference expenses. Any further 25 questions or comments? If not, all in favor, raise your 15 1 right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. At this 6 time, I would entertain a motion to approve and accept the 7 monthly reports. 8 COMMISSIONER LETZ: So moved. 9 COMMISSIONER GRIFFIN: Second. 10 JUDGE HENNEKE: Moved by Commissioner Letz, 11 seconded by Commissioner Griffin, that we approve and accept 12 the monthly reports as presented. Any further questions or 13 comments? If not, all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Okay. 18 Moving right along, we'll turn to the consideration agenda. 19 First item, Item Number 1, consider and approve personnel 20 position to 14-1 for Road and Bridge in the 2000/2001 annual 21 budget. Franklin? 22 MR. JOHNSTON: I guess you have the backup. 23 Three years ago, I think Leonard was planning on starting a 24 new crew, work crew. In the '98-'99 budget, he had one man 25 to the budget that was approved. '99-2000, there was a 16 1 second position approved, and the next year, 2000-2001, was 2 to be the third to make it a full crew. And somehow, 3 between the workshops and the final budget, that position 4 was dropped, and we're requesting it be replaced. 5 JUDGE HENNEKE: Anyone have any questions or 6 comments? 7 COMMISSIONER GRIFFIN: I move that we add it 8 back in. I think this is one that did fall through the 9 cracks in the process, and it was well-documented last year 10 and makes sense to get us another crew, since the work now 11 is coming back up in Road and Bridge, to have us another 12 crew on the road. 13 COMMISSIONER WILLIAMS: I would second that. 14 MS. NEMEC: I just have a comment on that. I 15 don't think it really fell through the cracks. I mean, I'm 16 not against -- it's not my decision whether to add it or 17 not, but I just want to emphasize that I did ask the Court 18 about that when the budget was being -- 19 COMMISSIONER GRIFFIN: You did, but we -- we 20 didn't get it on our list of Requested, Not Recommended, or 21 whatever. 22 MS. NEMEC: Yeah. 23 COMMISSIONER GRIFFIN: And we should have 24 added it as a Not Recommended and then considered it again, 25 and we just didn't do that. I don't think it -- certainly, 17 1 you didn't -- you did ask the right question, too. 2 MS. NEMEC: I just want to make sure. 3 COMMISSIONER WILLIAMS: What I think is 4 important is that we've asked all the department heads to go 5 ahead and look forward to a couple years out, and Road and 6 Bridge did that, and they did it systematically. And they 7 included the extra, and it just fell through the cracks 8 someplace, wherever it gets corrected. 9 JUDGE HENNEKE: Do we have a dollar figure 10 for what this would add to the budget? 11 MR. JOHNSTON: We do. If I've got the right 12 one here, $19,726 -- is that the right number? 13 COMMISSIONER GRIFFIN: No, I think that's -- 14 MS. NEMEC: What is the position titled? 15 Franklin? 16 MR. JOHNSTON: It's a 12-1, I think. 17 MS. NEMEC: RMT-1. 18 MR. JOHNSTON: Yeah. 19 MS. NEMEC: $17,092.24. 20 MS. PIEPER: This is a 14-1. The agenda had 21 a 14-1. 22 MR. JOHNSTON: Oh, 14-1. I'm sorry, I didn't 23 look at the agenda. 24 MS. NEMEC: 14-1 is $18,866. 25 MR. JOHNSTON: That -- I think that's the 18 1 position, a 14. 2 MS. NEMEC: That would be an RMT-2 at a 14. 3 JUDGE HENNEKE: And then we'd add onto that 4 the FICA and retirement? 5 COMMISSIONER WILLIAMS: $19,726 is just the 6 salary portion? 7 JUDGE HENNEKE: No, it's 18 -- 8 MS. NEMEC: $18,866 is the salary. 9 MR. JOHNSTON: So that may be the total with 10 all the FICA and all. 11 MS. NEMEC: For FICA, just figure 7.65 12 percent of that, and then retirement, 7.71, and then 13 insurance -- Tommy? 14 (Discussion off the record.) 15 COMMISSIONER LETZ: Question. What does this 16 do with us? I mean, from the standpoint of tax rate and all 17 that, can they recalculate it, Tommy, from a -- 18 MR. TOMLINSON: No, not the tax rate. 19 JUDGE HENNEKE: Not the tax rate. It will 20 be -- something will be taken, this additional money, from 21 the surplus. Correct, Tommy? From the -- there is no 22 impact on the tax rate. 23 COMMISSIONER LETZ: Okay. 24 JUDGE HENNEKE: We have a motion by 25 Commissioner Griffin, second by Commissioner Williams, that 19 1 we approve the additional 14-1 position, the RMT-2 for the 2 Road and Bridge Department. Any further questions or 3 comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. Item Number 8 2 is also from Road and Bridge. Consider and approve the 9 classification for Road and Bridge Administrative Assistant. 10 I've handed out to the Commissioners this morning the memo 11 from Mr. Johnston and Mr. Odom, and you have in your packets 12 the additional backup. Franklin, do you want to say 13 anything about this? 14 MR. JOHNSTON: I think it's been said. 15 Leonard was here last week and made the presentation. It's 16 basically the Nash study equalized the administrative 17 assistant and chief deputy as grade -- pay grade 17's, and 18 then when the budget came out, some were 17's and some were 19 19's, and we're just asking the Road and Bridge 20 administrative assistant be upgraded to a 19 also. We have 21 a job description attached which shows the relative 22 responsibilities. Actually, looks to be education in the 23 Road and Bridge job description is -- requires more 24 education than some of the other positions -- in fact, all 25 the other positions. 20 1 JUDGE HENNEKE: Barbara, do you want to 2 comment on this request as the Personnel Officer? 3 MS. NEMEC: When the Nash study came out, the 4 administrative assistants were 17's, and the chief deputies 5 were also 17's. Of course, that was a preliminary report 6 that Nash had -- had sent to us. He did at that time ask 7 that we not distribute it because it was preliminary, but we 8 went ahead and distributed it, because we had to have the 9 workshops and the appeals process and stuff. So, then the 10 final -- final recommendation that is turned in, the chief 11 deputies were 19's and the administrative assistants were 12 left at 17's. I did talk to Michael Nash and I asked him 13 why the administrative assistants were 17's and the chief 14 deputies 19's. He said that, in interviewing both chief 15 deputies and administrative assistants, he did not feel that 16 the degree of responsibility was the same for the 17 administrative assistants and that of the chief deputy. He 18 felt the responsibilities were more for a chief deputy, and 19 he recommended that they stay as he submitted. 20 JUDGE HENNEKE: Any questions? 21 MS. NEMEC: And we also have two other 22 administrative assistants, so it would be -- in my -- my 23 opinion, if we're going to change one, we need to change the 24 others too, if that were to happen. 25 COMMISSIONER LETZ: All of them are -- are at 21 1 the same -- 2 MS. NEMEC: They're all administrative 3 assistants; they're all 17's. That was the -- the 4 recommendation from Nash. 5 MR. JOHNSTON: If you look at the job 6 description, he actually -- I guess he wrote -- there are 7 actually some differences in the job descriptions. Like, 8 the administrative assistant for Road and Bridge requires at 9 least one year of college, where the rest of them don't 10 require that. 11 COMMISSIONER LETZ: As I recall, the reason 12 for the chief deputy is kind of a fiduciary and bonding 13 responsibility that goes with those positions, that don't go 14 with the administrative assistants. 15 MS. NEMEC: Our chief deputies are our -- 16 like, my Chief Deputy is the Treasurer when I'm gone. In my 17 absence, she has all the responsibilities that -- that I 18 have. And the same for District Clerk and County Clerk. 19 COMMISSIONER LETZ: That was the reason for 20 that change. I mean, administrative assistants should all 21 be the same, so if it's 17, it should stay 17's. 22 JUDGE HENNEKE: Any further questions or 23 comments? 24 MR. TOMLINSON: Judge, I'd like to make a 25 comment. 22 1 JUDGE HENNEKE: Okay. 2 MR. TOMLINSON: I don't know if -- excuse me. 3 I don't know if this is the proper time, but -- 'cause I'm 4 not on the agenda, but it relates to the same situation. 5 In -- in this salary survey, at the very beginning, when 6 I -- when I submitted my job descriptions to Nash Associates 7 in writing, I attached instructions to them that I wanted a 8 conference about my employees before any decision was ever 9 made. When I got my job descriptions back, which I thought 10 nothing -- looked nothing like what I submitted, I also 11 attached a note saying essentially the same thing. To this 12 day, I have never received one word from them. Not one. 13 Not until this last Tuesday, when Leonard got up here and 14 talked about administrative assistants, did I realize that 15 there was a wholesale change made to -- to employees -- or 16 what I call the number one employee in the office, whether 17 they were called administrative assistant or chief deputy or 18 whatever the title was. In my mind, that is a person 19 that -- that takes the place of the department head in their 20 absence. 21 In my case, I don't think my -- my -- my 22 number one person, I think, fits that. I mean, when I'm 23 gone, my first assistant is Auditor. I mean, she's 24 responsible for my office. And, and as you all know, I'm 25 probably out of my office more than anyone in this 23 1 courthouse, because I'm part-time. I mean, my -- my 2 agreement with my boss is, from -- from the very beginning, 3 was that I am part-time, and so it's essential that I have 4 someone -- the next person in line to take responsibility 5 when I'm away. And, not until -- until Leonard made me 6 aware that -- I knew that there was one chief deputy that 7 did -- that was changed from a 17 to a 19. When -- when I 8 saw the salary schedules, I didn't really pay a lot of 9 attention to what everybody else -- what everybody else's 10 employees were placed at. I mean, it wasn't my business, 11 and -- and I'm really not a nosy person, so I didn't -- I 12 really didn't care. I mean, I -- you know, I want those 13 people to be graded where they need to be graded. 14 In my mind, my -- my first assistant is equal 15 to all other chief deputies or administrative assistants in 16 the county, so I think, if this Court plans to address the 17 administrative assistant issue with Road and Bridge, I most 18 definitely think that -- that they need to consider my 19 request at this time. I mean, I don't consider my -- my 20 first assistant an administrative assistant. I think she is 21 the -- the next person in line in my office. That person -- 22 that number one person is -- is appointed, just like I am, 23 by the District Judge. My boss approves her salary, just 24 like he does mine. So, I -- I don't think that -- that 25 there's any less responsibility for -- for that number one 24 1 position in my office. Any questions? 2 COMMISSIONER LETZ: My comments would be -- I 3 mean, and I would -- it sounds like, you know, you're 4 somewhat in agreement with what I said; they all need to be 5 treated the same, however they're treated. Now, there may 6 be a -- maybe -- and I think now is probably the wrong time, 7 but during this next year, I think a change can be made next 8 year if we have people that are -- you know, shouldn't 9 really be administrative assistants; their title should be 10 something different based on responsibility, I don't have a 11 problem with looking at that next year when we go through 12 this, you know, at that time. But -- 13 COMMISSIONER GRIFFIN: It can be 14 reclassified. 15 COMMISSIONER LETZ: Reclassified, basically, 16 and I don't have a problem with that. But, at this point, I 17 mean, I think that there is a -- a reason for changing the 18 chief deputies, and I think, you know, we made that 19 decision, and I don't think it was ever said that 20 administrative assistants and chief deputies should always 21 be paid the same. 22 COMMISSIONER GRIFFIN: Another -- and, by the 23 way, none of that was conducted except in open forum. I 24 mean, we went through all the positions, and so I -- 25 MR. TOMLINSON: Well, I -- in my case, I 25 1 don't agree. I never got the opportunity to discuss this 2 matter with Nash and Associates. As I stand here this day, 3 I've never even met the man; he's never been in my office. 4 I mean, no one ever came to my office. We paid $18,000 for 5 the survey. No one ever called me. No one ever came to my 6 office and said, "I am so-and-so, I would like to discuss 7 your employees," with me. Even after my memo to them in 8 writing. 9 JUDGE HENNEKE: We paid $18,000 for a 10 professional to come in and do an objective look at 11 classification of employees. The reason we did that is 12 really what we're hearing today; we're all proud of the 13 people who work for us in our departments, and we all feel 14 that they should be given the best. That's why we hired 15 Mr. Nash and his associates to come in. There was a very 16 open appeals process. Many of the people availed themselves 17 of the appeals process, and to my way of thinking, we really 18 need to take advantage of what Mr. Nash presented and 19 respect his recommendation, as adjusted by the appeals 20 process, which is how -- how the senior deputy clerks got 21 their additional recognition, was through the appeals 22 process. 23 COMMISSIONER LETZ: I basically agree. I 24 just think that, you know, if it's reclassification that 25 should be -- needs to be made, we can address that in the 26 1 following year. And there may be some -- there may be some 2 people that have more responsibilities than is outlined in 3 an administrative assistant classification, and if there 4 is -- 5 COMMISSIONER GRIFFIN: That's a new 6 classification process, not a merit raise process. 7 Necessarily. Could be a merit raise, too. 8 COMMISSIONER LETZ: And it could apply at 9 Road and Bridge as well, I don't know. I just say -- but 10 I'm against, at the last minute right before the budget, 11 trying to make a change. I'd rather, you know, back off and 12 look at the -- you know, anyone who has this position 13 inequity, if they think they -- or the classification 14 inequity, if they think it exists, or -- and adjust them the 15 same, because I think our purpose and goal has been to keep 16 people who have a similar job function paid a similar amount 17 or same amount as best we can, and that's difficult, because 18 we do have very different departments, very different jobs. 19 But, you know, I just think we need to make sure that we 20 don't, one by one, change a classification or a pay level, 21 'cause then we get out of whack immediately before we ever 22 get started. So, I think we need to look at them one at a 23 time. 24 MR. TOMLINSON: I agree with the process, 25 and -- but I don't agree with -- with the way that that -- 27 1 that there was no open communication. I mean, I had no 2 communication with these people at all. 3 COMMISSIONER LETZ: Well, on that side of it, 4 we've had a number -- or at least I've heard a number of 5 complaints. 6 MR. TOMLINSON: I know the reason my person 7 did not get changed was I never had the opportunity to talk 8 to him. I mean, I know that I'm gone a lot, and I'm gone 9 sometimes two days a week, and I just did not have the 10 opportunity to discuss my employees. And, so, I mean, 11 that's why -- that's what I really mean about this, to be 12 honest with you. I mean, if I had to rate these people on 13 communications, it would have to be -- I mean, it would be a 14 stretch at a 2. 15 JUDGE HENNEKE: Thank you, Tommy. Does 16 anyone wish to -- 17 MR. JOHNSTON: As far as time on this, this 18 is not -- we didn't bring this up for the first time today. 19 We have memos and such on file for almost a month, since 20 August 31st. 21 JUDGE HENNEKE: The issue before us is the 22 reclassification of administrative assistants. Does anyone 23 wish to move the reclassification of the administrative 24 assistants? 25 (No response.) 28 1 JUDGE HENNEKE: Hearing no motion, the item 2 fails for lack of a motion and a second. We'll turn to Item 3 Number 3, which is consider the final replat of Tract Number 4 60, Tract Number 45, and Tract Number 25 of Cypress Park, 5 Section One, Precinct 3. Commissioner Letz. 6 COMMISSIONER LETZ: This is a little 7 subdivision off Highway 27, which is a -- was determined as 8 a bad situation which we're trying to make better, 9 grandfathering some old rules of the old subdivision. The 10 plat that is in the -- in our packet, I believe, was 11 modified based on concerns -- the two letters that were 12 attached from Headwaters and U.G.R.A. That's a copy that I 13 looked at with Franklin this morning. Other than that, I'll 14 turn it over to Franklin and Charles. 15 MR. JOHNSTON: Do you have anything, Charles? 16 This has been a long time coming. I think we've been 17 working on this for quite a while. I'd recommend approval. 18 JUDGE HENNEKE: This plat that's in our 19 packet, is this the one we're approving? 20 COMMISSIONER LETZ: No, they have a revised 21 one for to you sign. 22 MR. JOHNSTON: They have -- the notes from 23 Headwaters and U.G.R.A. were added to it after this print 24 was made, they were added to the mylar. 25 COMMISSIONER LETZ: They changed the circles 29 1 on the wells to 150 feet and they added the comments. 2 COMMISSIONER GRIFFIN: The lot lines and 3 everything -- 4 COMMISSIONER LETZ: Lot lines are the same. 5 Just the -- 6 MR. JOHNSTON: Just some easements. 7 COMMISSIONER LETZ: -- the easements were 8 modified. 9 JUDGE HENNEKE: Just as a matter of process, 10 though, don't our rules require that we have the actual 11 documents we're going to approve a certain amount of time in 12 advance? I mean, we've had this before where, at the last 13 minute, we're presented with a document which is not the 14 same as that which has been given to the Commissioners to 15 review. And, I don't have any quibbles about the substance; 16 I'm just trying to address the process. I don't think the 17 Court can -- can make good decisions when the information 18 that's presented to us is modified at the last minute and 19 brought to us for ratification. 20 COMMISSIONER LETZ: I have no objection to 21 deferring it for two weeks. I mean, I would agree. I mean, 22 it was just -- you know, this morning when I made some calls 23 and made sure that these changes were done, that's the -- I 24 don't have any problem. I don't know of any pressing need, 25 other than, you know, it's just been going on for a long 30 1 time, but I don't know that they need it to be done today. 2 MR. JOHNSTON: The way, actually, I think the 3 process happens is they bring these drawings to us and then 4 we -- they also take them to the other agencies that review 5 them, and so they receive comments, and they make those 6 changes without issuing these to get it the way it needs on 7 the agenda. There's a time lag, those last-minute changes. 8 MR. DOMINGUES: Judge? I have -- Charles 9 Domingues. One of the reasons for this change in this 10 150-foot easement is because there is a major discrepancy in 11 everybody's easement radius for the sanitary easement. They 12 just changed it, from what I understand, to 100 feet to 13 comply with the T.N.R.C.C. T.N.R.C.C. has control over that 14 easement at 100 feet, and that's what we have had it. But, 15 because Headwaters says that it should be 150, they believe 16 that they have the control, okay? So, we changed to it 150. 17 That's the reason why it's changed. 18 JUDGE HENNEKE: I don't have a problem with 19 the reason behind the change. What I'm talking about is the 20 process. 21 MR. DOMINGUES: Yeah. 22 JUDGE HENNEKE: We have the plans in our 23 packets that have been in there since Thursday for everybody 24 to review over the weekend and make decisions, and now you 25 come in -- I'm not necessarily aiming at you -- anybody 31 1 comes in on the day of court with a revised document that no 2 one's had a chance to look at. 3 MR. DOMINGUES: In the future -- I mean, we 4 could have gotten you additional, you know, revised copies. 5 In the future, I'll make sure that you get it in the packet, 6 the revised plat, because there wasn't any problem in time. 7 It was just that we didn't put in a revised copy because of 8 that minor change. 9 JUDGE HENNEKE: What's your preference? 10 COMMISSIONER LETZ: I mean, I differ a little 11 bit with Mr. Domingues on the time, just by looking at the 12 dates and the times, but my preference is probably just get 13 rid of it, because we've been dealing with it so long. But 14 I have no problem -- but I have no problem with it. 15 COMMISSIONER WILLIAMS: Why don't you move it 16 and see what happens? 17 COMMISSIONER GRIFFIN: Why don't you move it? 18 COMMISSIONER LETZ: I'll move that we approve 19 the final plat -- 20 COMMISSIONER WILLIAMS: Second. 21 COMMISSIONER LETZ: -- on Cypress Park, 22 Section One. 23 JUDGE HENNEKE: Moved by Commissioner Letz, 24 seconded by Commissioner Williams, that we approve the final 25 plat of -- final replat of Tract 60, Tract 45, and Lot 32 1 Number 25 of Cypress Park, Section One. Any further 2 questions or comments? 3 COMMISSIONER GRIFFIN: Just one comment. 4 That I would say foot-stomp that issue, so that we won't 5 have this happen as a habit. I -- but the good graces of 6 the Court got this one through this morning, but this should 7 not have occurred. Could you routinely just add that 8 comment? 9 JUDGE HENNEKE: Any further questions or 10 comments? If not, all in favor, 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 4, 15 consider the final plat of La Hacienda Addition, Precinct 4. 16 COMMISSIONER GRIFFIN: No changes, right? 17 MR. VOELKEL: No changes. 18 COMMISSIONER GRIFFIN: I'll lead this one 19 off, and Franklin can pick up on it. This is the one we've 20 addressed several times; we've straightened out roads and 21 getting lot sizes increased, and homework has been done on 22 it. It's -- 23 MR. JOHNSTON: The short background is, it 24 cleaned that whole area up, actually put La Hacienda's 25 entire property on -- on the plat, off a plat which it 33 1 wasn't before, and combined five small lots into three 2 1-acre lots, or 1-acre-plus lots. It was actually ready 3 last week, except it missed a signature, so we brought it 4 back this week. 5 COMMISSIONER GRIFFIN: Missing a signature 6 last week -- or last session. And, I'll move that we 7 approve the final plat as presented. 8 COMMISSIONER LETZ: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Griffin, seconded by Commissioner Letz, that we approve the 11 final plat of La Hacienda Addition. Any further questions 12 or comments? 13 (Discussion off the record.) 14 MR. JOHNSTON: Okay. There should be a 15 number filled in here; I guess the Clerk will do that. On 16 part of the subdivision, the old subdivision was abandoned. 17 We brought that to Court before this plat was made. 18 COMMISSIONER GRIFFIN: Right. 19 MR. JOHNSTON: They left a blank in there for 20 the Court Order to be placed in that blank. That's all. 21 JUDGE HENNEKE: Motion's been made and 22 seconded. Any further questions or comments? If not, all 23 in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 34 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Okay. Next 3 item is Item Number 5, which is to consider amending Court 4 Order Number 26503, as it regards to a road name. 5 MR. JOHNSTON: Larry, do you want to do that? 6 That court order advertised changing Ravine to Ranch Rim 7 Drive West. There was an error in the court order. That 8 actually changes to Rimrock Circle West. It should be 9 changed back to Ranch Rim Drive West. 10 COMMISSIONER GRIFFIN: So moved. 11 COMMISSIONER WILLIAMS: Second. 12 COMMISSIONER GRIFFIN: That was -- we had an 13 error in the list that I provided, or somebody did, to this 14 Court. 15 JUDGE HENNEKE: Moved by Commissioner 16 Griffin, seconded by Commissioner Williams, that the Court 17 amend Court Order Number 26503 to change Rimrock Circle West 18 to Ranch Rim Drive West. Any further questions or comments? 19 If not, all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carried. Item Number 24 6, consider and approve road name changes for privately 25 maintained roads in Precinct 4, in accordance with 911 35 1 guidelines. Commissioner Griffin. 2 COMMISSIONER GRIFFIN: This is a list, again, 3 of -- of some names and name changes that are all on private 4 roads in Precinct 4. They've all been approved through the 5 911 process and entered into our database, and this is 6 the -- these would all be included under one court order, 7 and I would move that we approve it. All of them are ready 8 for the requested sign-off by 911. 9 COMMISSIONER LETZ: So moved -- or second. 10 COMMISSIONER GRIFFIN: I moved. 11 JUDGE HENNEKE: Moved by Commissioner 12 Griffin, seconded by Commissioner Letz, that we approve the 13 road name changes for privately maintained roads in Precinct 14 Number 4, as presented to the Court. Any further questions 15 or comments? If not, all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Item Number 20 7, County Clerk. Consider and discuss the rate charge for 21 plat copy and whom, if any, to receive a free copy. 22 Jannett? 23 MS. PIEPER: Thank you. I was aware that 24 every time a plat was filed, that we made numerous copies. 25 However, it was just brought to my attention that we were 36 1 providing free copies, and that kind of bothers me. I 2 called the former Clerk, Pat Dye, to ask her why, because I 3 couldn't find anything on it, and she informed me that the 4 Central Appraisal District was given those free copies way 5 back when so they could get their appraisals straight. So, 6 seems like by now they should have those straight. I have 7 listed on here the ones that do receive free copies. The 8 Kerr 911, the Postmaster, Fidelity Abstract, the Tax Office, 9 which I understand they're a County office, and the Road and 10 Bridge, which I understand that one. So, I'm just kind of 11 looking for direction on if we need to start charging these 12 other entities. And, also, I figured up the best I could on 13 what I think the -- each plat is costing, and if you'll see, 14 that's how I figured the $4 per plat. 15 COMMISSIONER LETZ: In addition, Headwaters 16 has requested they be added? 17 MS. PIEPER: They have requested -- no, 18 they're willing to pay. They just want to know how much, 19 and then that's -- I mean, if I'm giving all these free 20 copies... 21 COMMISSIONER LETZ: Does anyone -- 22 COMMISSIONER GRIFFIN: How would we get -- I 23 have a question on 911's, 'cause we certainly want their 24 plat to conform with the plat that we have approved. And if 25 we -- if they don't get a copy, how would -- how would they 37 1 get that information? Now, I'm asking rhetorically, but we 2 need to make sure that information gets to 911. Is it our 3 responsibility to push it? Or is it their responsibility to 4 pull it and pay for it? 5 JUDGE HENNEKE: You mean the road names? 6 COMMISSIONER GRIFFIN: Well, any -- this is 7 for plats, so that if we -- see, they also enter into their 8 database the actual plat of the properties, and that's how 9 they map it. So, my question would be -- my question would 10 be, how would they get that information into their system? 11 And they get it from the Appraisal District, for example; 12 maybe that's the way they can do it. 13 COMMISSIONER LETZ: I guess the issue -- I 14 don't know why they need a copy. They sign off on the plat, 15 so they can get it then. T. approves it when he -- 16 COMMISSIONER GRIFFIN: Right before it gets 17 approved, he can retain that copy. 18 COMMISSIONER LETZ: All he needs to know is a 19 court order was passed for that, and that would take care of 20 911. 21 COMMISSIONER GRIFFIN: Okay. 22 COMMISSIONER LETZ: I think that would also 23 take care of Headwaters. 24 COMMISSIONER WILLIAMS: He'd have to make a 25 copy there and retain it. 38 1 COMMISSIONER GRIFFIN: He gets a copy like we 2 get. 3 COMMISSIONER LETZ: A blue line. I mean, I 4 wouldn't know why we need another copy. 5 COMMISSIONER GRIFFIN: We do send them a copy 6 of the court order, do we not? 7 MS. BARBEE: Not on plats. On roads, but not 8 on plats. T. doesn't do anything for us, and we kind of 9 don't do anything for him. He refuses to give us anything 10 free, so I don't know what the situation is there. 11 COMMISSIONER GRIFFIN: I'm saying we don't 12 have to give him a plat. We don't have to gave them a free 13 copy of the final plat. I think you can take them off the 14 list. 15 MS. PIEPER: Just give them a copy of an 16 order? We can do that. 17 COMMISSIONER GRIFFIN: Just a copy of the 18 order that says that that plat was approved, just so they've 19 got it. They can take the copy of the order and put it with 20 a copy of the blue line plat that they've already got, and 21 then they've got a complete package, so we -- you could take 22 them off this list. 23 MS. PIEPER: Okay. 24 COMMISSIONER LETZ: Postmaster, I bet they 25 don't look at it. Maybe they do. 39 1 MS. PIEPER: I have no idea. 2 MS. BARBEE: They do. The Postmaster has 3 always gotten copies, and they do need them for their routes, 4 and I don't know what all they do, but they do plug that in 5 their system somehow. 6 JUDGE HENNEKE: Well, they can conceivably 7 purchase copies if they wanted them. The question is who to 8 give free copies to. 9 MS. PIEPER: The only ones I suggest would be 10 the Road and Bridge Department, our Tax Office, and Fidelity 11 Abstract. 12 COMMISSIONER GRIFFIN: Because we swap? 13 MS. PIEPER: Because we swap fiche for plats. 14 COMMISSIONER WILLIAMS: You're not 15 recommending that we continue doing it gratis for the 16 Appraisal District? 17 MS. PIEPER: No. 18 JUDGE HENNEKE: You're suggesting a cost of 19 $4 per copy? 20 MS. PIEPER: Yes. If I did my math right, 21 that's what I'm suggesting. 22 COMMISSIONER LETZ: My only concern on the -- 23 on, like, the Appraisal District is to figure out how many 24 plats we do. We do, you know, several a month -- four or 25 five a month or two or three a month, I'd say. And I don't 40 1 think they budget for it, and their budget's already been 2 approved. And, I mean, so it's -- if they have it in their 3 budget, we don't have a problem with them paying for it, but 4 I hate to go up to an entity that's basically -- we're one 5 of the people that supports it, and having them pay for an 6 item that -- if they don't have it in their budget. 7 MS. PIEPER: I also -- I feel that the -- 8 probably our Appraisal District and our Tax Office work 9 pretty close together as far as the taxes, so we can -- I 10 mean, I have no problem in giving those free copies, as long 11 as I have a court order. I just don't want to do anything 12 illegal. 13 COMMISSIONER WILLIAMS: Well, I would agree 14 with Commissioner Letz that the Appraisal District should be 15 considered, just as we would consider the Tax Office and 16 Road and Bridge, both, for purposes of that copy. 17 COMMISSIONER GRIFFIN: Right, 'cause it's to 18 our advantage they have -- the Appraisal District know 19 exactly what the official records is. 20 COMMISSIONER WILLIAMS: It really is. 21 MS. BARBEE: May I say something? They were 22 very instrumental in helping us out with that road 23 districting and various things. 24 MS. PIEPER: Right, with that road district 25 bond election. They were very well -- 41 1 MS. BARBEE: They did not charge us for 2 anything, so -- 3 COMMISSIONER LETZ: I would think they -- we 4 should consider them. Postmaster -- 5 COMMISSIONER GRIFFIN: Postmaster and 911, we 6 can probably take out. 7 MS. PIEPER: So, they -- we will just send 8 both of those a copy of the court order. 9 COMMISSIONER WILLIAMS: Headwaters has 10 indicated a willingness to pay the current fee. 11 MS. PIEPER: I haven't quoted them a fee. I 12 don't know if they were -- my Chief Deputy took the phone 13 call, and she told them that our -- at that point, our 14 copies were $3 each. 15 COMMISSIONER LETZ: Regarding the Postmaster, 16 I think they need a copy of it. I think, from a bit of a 17 public service standpoint, we should have -- I don't want to 18 stop sending to them. You might just send them a letter, 19 though, that they -- there will be a charge in the future. 20 MS. PIEPER: Right, I will. 21 COMMISSIONER LETZ: Don't just cut them off. 22 Let them know that, you know, we're going to start charging 23 our cost, which is $4 a copy. They should have the funds to 24 pay for that, I would think. 25 JUDGE HENNEKE: Do I have a motion for 42 1 consideration? 2 COMMISSIONER GRIFFIN: Yes. I'd like -- I'll 3 make the motion that we -- from the list as provided, that 4 we advise 911 and the Postmaster that -- that they are still 5 welcome to copies if they need them, but there will be a 6 $4 -- and that we establish that charge at $4 per copy. 7 COMMISSIONER LETZ: Second. 8 JUDGE HENNEKE: Moved by Commissioner 9 Griffin, seconded by Commissioner Letz, that the Court 10 authorize distribution of free copies of plats to Kerr 11 County Central Appraisal District, Kerr County Tax Office, 12 Kerr County Road and Bridge Department, and to Fidelity 13 Abstract and Title Company, so long as Fidelity Abstract and 14 Title Company provides us with a copy of the fiche of the 15 plat at no charge, and that the County Clerk notify Kerr 911 16 and the Kerrville Postmaster that in the future there will 17 be a $4 charge per plat, and that $4 is established as the 18 cost of copy of a plat. Any further questions or comments? 19 If not, all in favor, raise 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. 24 MS. PIEPER: We can get this new fee -- or 25 added fee into the Subdivision Rules and Regulations? Thank 43 1 you. 2 JUDGE HENNEKE: Next item is Item Number 8, 3 again from the County Clerk, regarding election judges and 4 alternate election judges. 5 MS. PIEPER: Yes. I need to replace Molly 6 Blaisdell with Forrest Coleman to serve as an election judge 7 in Precinct 406, and I need to replace Elaine Casteel with 8 Hazel Oehler as alternate judge in Precinct 404, 409, and 9 410. 10 COMMISSIONER GRIFFIN: So moved. 11 COMMISSIONER WILLIAMS: Second. 12 JUDGE HENNEKE: Moved by Commissioner 13 Griffin, seconded by Commissioner Williams, that the Court 14 authorize replace replacing Molly Blaisdell with Forrest 15 Coleman as election judge in Precinct 406, and replacing 16 Elaine Casteel with Hazel Oehler as alternate judge in 17 Precinct 404, 409, and 410. Any further questions or 18 comments? If not, all in 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 9 is to consider and discuss adoption of Order of General 24 Election to be held on November 7th, Year 2000. 25 MS. PIEPER: This is just a general formality 44 1 that I just need an order from the Court to hold the 2 election. 3 COMMISSIONER WILLIAMS: So moved. 4 COMMISSIONER LETZ: Second. 5 JUDGE HENNEKE: Moved by Commissioner 6 Williams, seconded by Commissioner Letz, that the Court 7 issue an Order of General Election to be held on 8 November 7th, Year 2000, for the purpose of electing County 9 and precinct officers. Any further questions or comments? 10 COMMISSIONER GRIFFIN: And also authorize you 11 to sign that. 12 JUDGE HENNEKE: Yes, thank you. 13 COMMISSIONER GRIFFIN: So moved. 14 JUDGE HENNEKE: Any further questions or 15 comments? If not, all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. 20 MS. PIEPER: Thank you. 21 JUDGE HENNEKE: We're a little bit ahead on 22 our public hearing. 23 COMMISSIONER WILLIAMS: Judge, even though we 24 are, can we take up 2.12 and 2.13? Because we have to pull 25 that off the agenda and reestablish that. We need to talk 45 1 about it just a second. 2 JUDGE HENNEKE: Okay. Let's call -- first of 3 all, we'll call Item Number 2.12, which is a public hearing 4 on establishing a no-wake zone. Commissioner Williams, it's 5 my understanding we need to pull that and reschedule? 6 COMMISSIONER WILLIAMS: Apparently we do, 7 Judge. I'm not sure how or where, but for whatever reasons, 8 the Court Order, as amended and resubmitted by the County 9 Attorney's office failed to make it to the newspaper for 10 publication. That explains, I think, why there's probably 11 nobody here to discuss the issue this morning. So, I would 12 ask that it be removed and reestablished -- published 13 appropriately and reestablished for public hearing on -- 14 what's the next date? 15 JUDGE HENNEKE: October the 11th is the next 16 regularly scheduled Commissioners Court meeting. 17 COMMISSIONER WILLIAMS: October 11th. That 18 would be my motion. 19 MS. SOVIL: What time? 20 JUDGE HENNEKE: Ten? 21 COMMISSIONER WILLIAMS: At 10 a.m. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Williams, seconded by Commissioner Letz, that we schedule a 25 public hearing on the no-wake zone for Ingram Lake, Flat 46 1 Rock Lake, and Center Point Lake for 10 o'clock a.m. on 2 October 11th, Year 2000, here in the Kerr County Courthouse 3 in the Commissioners Courtroom. Any further questions or 4 comments? 5 COMMISSIONER WILLIAMS: Just one further 6 comment. I'd just ask County Attorney's office if they 7 would forward to us one more time the amended order so that 8 it can be published, and we will see that it doesn't fall 9 through the cracks this time. Thank you very much. 10 COMMISSIONER GRIFFIN: I have a 11 recommended -- it's not -- it's not big, but a recommended 12 wording change. Can that be worked into that? 13 MR. LUCAS: Sure. 14 COMMISSIONER GRIFFIN: We'll look at it -- 15 and I'll give it to you, Commissioner Williams. 16 COMMISSIONER WILLIAMS: Sure. 17 COMMISSIONER GRIFFIN: See if you want to 18 incorporate that into it. 19 JUDGE HENNEKE: It needs to be approved. 20 MS. PIEPER: If the County Attorney's office 21 could be instructed to give me a copy of it, then that way I 22 can put it -- have it on view in the office and put the 23 newspaper article in. 24 COMMISSIONER WILLIAMS: Well, that raises a 25 question, just so we can clearly understand where it's 47 1 supposed to happen. This is the first time one's fallen 2 through the cracks. And, whose responsibility is it to get 3 it to the newspaper for publication? 4 MS. PIEPER: Me. 5 COMMISSIONER WILLIAMS: Clerk's office, okay. 6 I think your suggestion is correct. 7 MS. PIEPER: If there's not -- 8 COMMISSIONER WILLIAMS: County Clerk's office 9 should get a copy so that they know -- in addition to 10 Commissioners Court, so that they know exactly what it is 11 they're supposed to publish. 12 MS. PIEPER: We have to have one on view 13 first. 14 JUDGE HENNEKE: Let's vote on the public 15 hearing, then we'll come back and take up the issue of the 16 wording of the order. 17 COMMISSIONER WILLIAMS: Okay. 18 JUDGE HENNEKE: Motion's been made and 19 seconded regarding establishing a public hearing. Any 20 further questions or comments? If not, all in favor, raise 21 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. Commissioner 48 1 Griffin has a proposed change. 2 COMMISSIONER GRIFFIN: Do you have a copy of 3 the draft order? 4 COMMISSIONER WILLIAMS: 2.13 here. 5 COMMISSIONER GRIFFIN: Is it 2.13? Here we 6 go. 7 (Discussion off the record.) 8 COMMISSIONER GRIFFIN: Actually, what I did 9 was went back and looked at the old order that applied -- 10 the 1984 order that applied to Lake Ingram, and I would like 11 to move that wording be added as follows: "...adopted an 12 Order" -- I'm picking up in the -- in the proposed draft 13 now. "...adopted an Order establishing a No-Wake Zone in 14 the Following county-owned lakes: Ingram Lake, Flat Rock 15 Lake and Center Point Lake," and then add the words, "and 16 the river channels above the main bodies of the lakes." The 17 main bodies of the lakes. 18 COMMISSIONER WILLIAMS: Above the main -- 19 COMMISSIONER GRIFFIN: Yes. It's -- 20 COMMISSIONER WILLIAMS: "Body" or "bodies"? 21 COMMISSIONER GRIFFIN: And the river channels 22 above the main bodies of the lakes. 23 COMMISSIONER WILLIAMS: B-o-d-i-e-s? 24 COMMISSIONER GRIFFIN: B-o-d-i-e-s, of the 25 lakes, plural. 49 1 COMMISSIONER WILLIAMS: Mm-hmm. 2 COMMISSIONER GRIFFIN: What that does is 3 it -- is that it ensures that the area that might be just 4 above, but much narrower and much more dangerous, be 5 included as part of the no-wake zone, even though it's in 6 the river channel. That's the way the old order read. 7 COMMISSIONER WILLIAMS: Mm-hmm. I don't have 8 a problem. 9 COMMISSIONER GRIFFIN: I'd move that 10 language. 11 COMMISSIONER WILLIAMS: Second. 12 JUDGE HENNEKE: Moved by Commissioner 13 Griffin, seconded by Commissioner Williams, that the Court 14 amend the approved proposed draft of the Order Establishing 15 No-Wake Zones to add the language, "in the river channels 16 above the main bodies of the lakes," after the Center Point 17 Lake on the -- one, two, three, four, fifth line of the 18 approved order, and that such order be filed with the County 19 Clerk and published prior to the public hearing. Any 20 further questions or comments? 21 COMMISSIONER LETZ: Two questions. On that 22 language -- and I'm just saying, there -- I presume that 23 there are -- when you get up into areas where there are 24 other lakes, like at the -- or dams on the river, are we 25 saying basically that there's no boating or no activities of 50 1 any kind from -- basically, from Center Point to the county 2 line? What happens when you get to the next dam? 3 COMMISSIONER GRIFFIN: No, it doesn't. What 4 it's saying is that the river channel above that lake is 5 considered part of the lake. 6 COMMISSIONER LETZ: I know. But the -- but 7 you get upstream, you got very small dams. I'm just trying 8 to make sure -- when you get up by the camps especially, 9 they use some boating activities on those lakes. 10 COMMISSIONER GRIFFIN: This is not covering 11 that. 12 COMMISSIONER LETZ: But they're in the 13 channel above the lakes. They're in the river channel above 14 the lake. 15 JUDGE HENNEKE: My thinking, Commissioner, 16 would be that once you -- once you get to a point where you 17 have another dam, particularly in the sense of the camps, 18 that channel from there on is no longer above the main body 19 because the river has been dammed. 20 COMMISSIONER GRIFFIN: The river, it's above 21 the -- 22 COMMISSIONER LETZ: Okay. 23 COMMISSIONER GRIFFIN: -- big body of the 24 lake. 25 COMMISSIONER LETZ: Just so that we -- 51 1 COMMISSIONER GRIFFIN: The Legislative 2 history is here. 3 COMMISSIONER LETZ: Travis is here; he 4 understands that. 5 MR. LUCAS: Well, yeah. I mean, I understand 6 exactly, I think, what the Judge is bringing up. It's 7 really up to you. I mean, I can't advise you, I guess, 8 on -- on what that language would actually mean. I would 9 want to know, I think, if I were to answer that, the 10 topography of how the lake and the river, itself, come 11 together, and I really don't -- I don't know. Of course, 12 growing up, I used to always go out to Ingram Lake Dam quite 13 a bit, but -- 14 COMMISSIONER GRIFFIN: What you don't want is 15 a guardhouse lawyer that says, "Hey, I'm above the lake; 16 it's really not here. I'm in the river channel, I'm not in 17 the lake." And, so, that's -- that's worse. 18 COMMISSIONER LETZ: I thought we wanted to 19 make sure we're not going up to a -- another lake upstream. 20 COMMISSIONER GRIFFIN: No, that's not the 21 intent. 22 COMMISSIONER LETZ: Right, I know it's not 23 the intent. I just want to make sure that we don't make a 24 rule that implies. And the other question that I have 25 relates -- I'm asking from kind of a park rule standpoint, 52 1 also. Is it necessary for us to define where these lakes 2 are, or do we just presume that the public knows these 3 lakes? I mean, I don't know. Maybe they have been formally 4 named at some point in history, but if they're not, I mean, 5 do we need to formally say, "Ingram Lake is here, Flat Rock 6 Lake is here, Center Point Lake is here"? 7 COMMISSIONER GRIFFIN: If we haven't, we 8 probably should. 9 COMMISSIONER LETZ: And I don't know the 10 answer to the question. I mean, and it came up under the 11 Park Rules, that we needed to define where the lake was for 12 the park. And, it's kind of the hold-up on that right now, 13 is waiting to get legal -- trying to find out what a -- what 14 a legal description of some of these lakes are. I don't 15 have the answers to the questions as to -- 16 COMMISSIONER GRIFFIN: It could be for -- it 17 could be for a certain distance above each of the dams, 18 which helps in the language that I'm trying to create here, 19 too. If we define the lake as some point from the dams to a 20 geographic distance above the dam, then perhaps that helps 21 on both. 22 JUDGE HENNEKE: My suggestion would be that 23 Commissioner Griffin and Commissioner Williams get together, 24 and before the next -- next Commissioners Court, bring to 25 the Court a definition of the lakes. 53 1 COMMISSIONER GRIFFIN: Okay. And -- 2 JUDGE HENNEKE: And we can adopt that prior 3 to adopting this order, which will then put things in proper 4 sequence. 5 COMMISSIONER GRIFFIN: Okay. 6 COMMISSIONER LETZ: And also help the park 7 rules. 8 JUDGE HENNEKE: Also help the park rules. 9 COMMISSIONER GRIFFIN: Okay. 10 JUDGE HENNEKE: Do we have a motion on the 11 floor? Motion's been made and seconded regarding wording of 12 the order. Any further questions or comments? If not, all 13 in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Okay. We'll now return to 18 Item Number 10, which is to consider and discuss adoption of 19 the Fiscal Year 2000/2001 Kerr County budget. Tommy, do you 20 want to, I guess, formally present to us the budget 21 amendments as you've already given us in the handout? That 22 will include the additional position for Road and Bridge, 23 correct? 24 MR. TOMLINSON: The only change I made since 25 the last -- since last Tuesday was the amendment to add the 54 1 fund balance from the L.C.R.A. funds, and related to the 2 construction of the park, or completion of the park. And, 3 my estimation is approximately $27,000 is the balance due 4 the County for -- from that -- from those proceeds. 5 COMMISSIONER LETZ: Sounds right. 6 MR. TOMLINSON: That totals a net increase in 7 the budget of $170,792. That's not in -- does not include 8 the change made for the position for Road and Bridge. 9 JUDGE HENNEKE: What we'll be voting on when 10 we vote to adopt the budget is -- 11 MS. PIEPER: Excuse me, Judge. May I speak? 12 JUDGE HENNEKE: Yes. 13 MS. PIEPER: I would like to add two 14 amendments to the budget, if I may, before it's approved. 15 In my Deputy line item, I would like to add $2,300, and I 16 can further explain that on 2.17. I would also like to add 17 the FICA and insurance that goes along with that, 18 retirement. And in my Laser Copier, I think I'm going to be 19 about $500 short. The company from our engineering copier 20 forgot to send us a bill or didn't send us a bill for each 21 print, and it was not called to my attention until we got 22 the bill the other day, and I had not put that in the 23 budget. 24 JUDGE HENNEKE: So, you need $500 more for 25 laser copier prints. What was the other money for? 55 1 MS. PIEPER: Deputy Salary line item. 2 JUDGE HENNEKE: And that's for the FICA and 3 the -- 4 MS. PIEPER: No, no, no. That is for the 5 full Deputy Salary line item, and then I would like the 6 appropriate FICA and retirement. 7 JUDGE HENNEKE: You're going to have to 8 explain what the Deputy Salary line item is. I don't 9 know -- is the money not -- not sufficient in there or what? 10 I'm confused. 11 COMMISSIONER GRIFFIN: We adopted those as a 12 whole. 13 MS. PIEPER: Right. But, under -- when we go 14 down to discuss the job descriptions as submitted by Nash 15 under 2.17, then I can discuss that more with you. 16 JUDGE HENNEKE: Well, you're going to have to 17 discuss it now, because it's a budget item. 18 MS. PIEPER: Okay. I have what is called a 19 bookkeeper now who, in my office, has always been an 20 administrator. When we got the list from Nash that said we 21 appealed job titles only, I looked at that title and it said 22 "bookkeeper," and -- but it was at the same pay group as my 23 administrators were, so I didn't -- I thought, well, 24 bookkeeper's fine; it's the same amount of money, but yet, 25 if my Chief Deputy and I are out of the office, then she -- 56 1 my bookkeeper takes over for us. And in -- when she was 2 being interviewed, she did not fully state all the duties. 3 She talked about bookkeeper, because that was her main 4 duties; however, on the job description that Nash did, on 5 supervisory responsibilities, he put "Assists the Chief 6 Deputy and supervises personnel with required bookkeeping 7 and administrative functions, carries out supervisory 8 responsibilities in accordance with the organization's 9 policies and applicable laws." 10 JUDGE HENNEKE: Are you talking about the 11 senior accounting clerk? 12 MS. PIEPER: Yes, sir. 13 JUDGE HENNEKE: Okay. And what you're here 14 doing is what was -- what we covered previously; you're 15 trying -- you're appealing the classification of the senior 16 accounting clerk from -- as a 15. What would you like it to 17 be? 18 MS. PIEPER: A 17. I'm -- it's not the 19 classification, it's the title. In the rest of Nash's stuff 20 in my office, he's got -- and I got a copy from the 21 Treasurer's office of this Friday. Administrative 22 clerk-dash-LAN and film. Administrative Clerk-dash-County 23 Court at Law. Administrative Clerk-dash-Vital Statistics. 24 But yet she, my bookkeeper, is higher ranked than these, so 25 why can't we do Administrator-dash-Bookkeeper? 57 1 COMMISSIONER LETZ: My comment would be the 2 same as -- you know, as I told Franklin and Tommy; was that, 3 you know, I don't have a problem relooking at these, but, 4 you know, I can't do it right now with no time to look at 5 the overall -- you know, across-the-board. I mean -- 6 MS. PIEPER: Well, up until this, she was 7 making more than my administrators. Now she's going to be 8 making less than my administrators, the people that she is 9 over. 10 MS. UECKER: Judge, I've got -- kind of got 11 the same situation, and I didn't put it on the agenda 12 because I felt like it was my fault that I didn't appeal it. 13 And, I was going to maybe address it next year, like 14 Jonathan said, but I -- I do have the same situation with 15 the accounting clerk. 16 COMMISSIONER LETZ: And there may be a time 17 we need to -- maybe something we have to do next month or -- 18 you know, before the end of next year if it's a problem, but 19 I'm not willing to do it right now. 20 MS. PIEPER: Well, if it's possible, I mean, 21 I would even be willing to take the money out of my 22 Part-Time line item. I don't feel this is right on the 23 employee. And it is my fault, because I didn't catch it 24 when we were doing the appeals. But I thought, well, if he 25 wanted to call her bookkeeper or senior accounting clerk or 58 1 whatever, that's fine; we don't care what we're called in 2 the office as long as we get the money for the job we're 3 doing. 4 JUDGE HENNEKE: Okay. This is a 5 classification issue, but has a budgetary impact. Is there 6 any member of the Court who's willing to -- who desires to 7 move the reclassification of this position at this time? 8 Seeing none, we'll move ahead on adoption of the budget. 9 Does the Court wish to accept the additional $500 for the 10 prints that the Clerk has discussed with us? 11 COMMISSIONER LETZ: Yes. 12 MR. TOMLINSON: Which line item? 13 MS. PIEPER: Lease Copier. 14 JUDGE HENNEKE: So, let's have a motion. 15 COMMISSIONER GRIFFIN: So moved. 16 COMMISSIONER LETZ: Second. 17 JUDGE HENNEKE: Moved by Commissioner 18 Griffin, seconded by Commissioner Letz, that we add $500 to 19 Lease Copier line item in the County Clerk's office. Any 20 further discussion? 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: Sheriff? 59 1 SHERIFF HIERHOLZER: I have one comment. We 2 just got on the School Resource Officers Grant. You and I 3 have talked about it. We got the packet in Friday, so I 4 didn't have time to get this before the agenda. It may be 5 something that can be taken care of with the budget the way 6 it already is, out of our Part-Time Deputy Salaries, since 7 we may not use it. But, the grant is going to allow us 8 $31,086 per year, per officer. There's three officers. 9 Okay, that's including the FICA and everything else. The 10 salary -- the starting salary, as the Court has set it and 11 everything, the actual total cost per year, per officer, is 12 going to be $31,618.76. That's with everything included, 13 which puts us $532.76 short per year, per officer. 14 JUDGE HENNEKE: My suggestion, Sheriff, is 15 that since there's probably going to be a time lag either 16 getting those people in position or hiring the people to 17 release them on the patrol force, let's wait and see if you 18 need to do this at the end of the year. 19 SHERIFF HIERHOLZER: I agree, because this 20 budget actually -- or the grant actually, in the letter we 21 got, went into effect September 1st. We could have hired as 22 of September 1st. We won't be hiring one until October 1st, 23 and one a little bit later, but that's why I'm saying it may 24 be taken care of in the budget as it's set, since you're 25 talking $1,500, $1,800. Just to make the Court aware of it. 60 1 COMMISSIONER GRIFFIN: If you didn't -- you 2 have good groundwork for a budget amendment if it doesn't. 3 SHERIFF HIERHOLZER: All right, thank you. 4 JUDGE HENNEKE: Any further necessary 5 amendments to the budget? Tommy, are we okay? 6 MR. TOMLINSON: That's all I have. 7 JUDGE HENNEKE: At this time, I'd entertain a 8 motion. 9 COMMISSIONER GRIFFIN: Move we adopt the 10 budget. 11 COMMISSIONER LETZ: Second. 12 COMMISSIONER GRIFFIN: As amended. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, seconded by Commissioner Letz, that we adopt the 15 proposed 2000/2001 Kerr County budget, as amended. Any 16 further questions or comments? If not, all in favor, raise 17 your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE HENNEKE: All opposed, same sign. 20 (No response.) 21 JUDGE HENNEKE: Motion carries. Next item is 22 to consider and discuss adoption of Fiscal Year 2000/2001 23 Kerr County tax rate, which would be .3512? One-three, 24 .3513, the same rate as it has been now for six consecutive 25 fiscal years. 61 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER WILLIAMS: Second. 3 JUDGE HENNEKE: Moved by Commissioner Letz, 4 seconded by Commissioner Williams, that we adopt the Fiscal 5 Year 2000/2001 Kerr County tax rate at .3513. Any further 6 questions or comments? If not, all in favor, raise your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. At this 12 time, I think I'm going to propose that we take our break a 13 little early and reconvene at 10:30. 14 (Recess taken from 10:15 a.m. to 10:30 a.m.) 15 - - - - - - - - - - 16 JUDGE HENNEKE: All right. We'll reconvene 17 this regular special session of Kerr County Commissioners 18 Court. Next item on the agenda is Number 14, consider and 19 discuss a resolution consenting to assignment of rights 20 regarding the construction, operation, and maintenance of 21 cable TV system from La Vernia Cable Company, LLP, to 22 Universal Cable Holdings, Inc. 23 COMMISSIONER LETZ: I'll do the start-off. 24 JUDGE HENNEKE: Go ahead. 25 COMMISSIONER LETZ: I think we've handled 62 1 similar ones -- resolutions similar to this. This is a 2 cable company owned by the Pettys in Comfort. David Petty's 3 here, and, David, I'll let you go ahead and address the 4 Court as to exactly what you're doing. It's pretty simple; 5 they're selling their company to Universal Holdings. 6 MR. PETTY: Prior to the possible 7 acquisition, this is one of the requirements that has been 8 imposed on the possible sale. What we're asking the Court 9 to do is just agree to the consent agreement that will 10 transfer these rights that have been given to the cable 11 company to Universal Cable, which is actually d/b/a Classic 12 Cable Company, is what it is. And, we're asking that it be 13 possibly extended to 2008, October 11th. As far as I'm -- 14 as far as I understand, they -- they have an agreement 15 currently with Kerr County in the same area. We both serve 16 the same area, a small portion of Kerr County, but according 17 to my requirements on the assets agreement, this is one of 18 my requirements to provide prior to sale. 19 JUDGE HENNEKE: Any questions or comments? 20 Mr. Petty? 21 COMMISSIONER LETZ: Move we approve the 22 resolution as submitted. 23 COMMISSIONER GRIFFIN: Second. 24 JUDGE HENNEKE: Moved by Commissioner Letz, 25 seconded by Commissioner Griffin, that the Court adopt the 63 1 resolution consenting to the assignment of rights. Any 2 further questions or comments? If not, all in favor, raise 3 your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 MR. PETTY: Thank you. 9 JUDGE HENNEKE: Next item is Item Number 15, 10 to approve and authorize the execution of the Child Care 11 Local Initiative Agreement for the time period October 1, 12 2000, to September 30th, 2001. Brenda Chapman. 13 MR. CHAPMAN: Good morning. We would like to 14 ask you to execute this contract to renew our local 15 initiative agreement. This is the third or fourth year of 16 doing this. We have anticipation -- we have current money 17 in our fund now for the -- to draw down the federal dollars, 18 and we have anticipation of raising all of the money we need 19 to continue to do this contract. This contract will allow 20 to us keep approximately 40 children in care for -- 21 subsidized child care to help subsidize the working families 22 for their child care services. 23 JUDGE HENNEKE: Any questions or comments? 24 COMMISSIONER WILLIAMS: I have a comment or 25 two. Brenda, because we've had such trouble in the past, it 64 1 might be helpful just to hear from you if the -- if the road 2 is easier these days than it has been in the past to arrive 3 at this point where the local initiative contract is now 4 before us. I detect it is much better. 5 MR. CHAPMAN: This year was -- was much 6 easier. They did try to cut our dollars back in half to 7 $45,000 on our federal match, and that was last week, so 8 we -- we had to pull some figures together to show them that 9 we -- if we keep our current children in here for care for 10 the year, that it would cost us -- we actually came up -- it 11 would cost us $118,000 in federal dollars. And we're -- we 12 had some money go back and be deobligated this last year 13 because we didn't use it; we didn't have a full program year 14 because of not being able to enroll children in the program, 15 so we were having to go back and establish with them that 16 yes, we will need the money, we will use the money. This 17 year was actually the best year for us to actually have hard 18 figures to go back and use with them, rather than 19 projections. So, this is -- this is based on the current 20 children we have in care, keeping them in care for a year. 21 If some of them revert over to -- transfer over to C.C.M.S., 22 we will have available spots to move new children into the 23 program. So, it is getting much better. 24 COMMISSIONER WILLIAMS: Your local match is 25 $58,588? 65 1 MR. CHAPMAN: Yes, sir. 2 COMMISSIONER WILLIAMS: You receive $90,000 3 in federal funds? 4 MR. CHAPMAN: In federal funds. 5 COMMISSIONER WILLIAMS: That takes care of, 6 again, how many children? 7 MR. CHAPMAN: Right now we have about 40 8 children in care. That will take care of 40 -- 40 to 45 9 children for a full year. And, we have -- of our local 10 match dollars, we have about $33,000 in our fund now, and we 11 have $20,000 committed from another source, and we'll do our 12 grant to our other funding source for another 30, so we have 13 no problem having our money in force. We've got a letter -- 14 commitment letter from one funding source to take to them to 15 show to them that we have it all, so I don't feel like we'll 16 have any problems pulling the money together to make 17 those -- our local match dollars. 18 COMMISSIONER WILLIAMS: Okay. I would move, 19 Judge, that the -- the Local Child Care Initiative Agreement 20 between Kerr County and Texas Workforce Commission through 21 the Alamo Workforce Development, as the agency, be approved, 22 and authorize County Judge to sign same. 23 COMMISSIONER GRIFFIN: Second. 24 JUDGE HENNEKE: Moved by Commissioner 25 Williams, seconded by Commissioner Griffin, that the Court 66 1 approve the Child Care Local Initiative Agreement and 2 authorize County Judge to sign same. Any further questions 3 or comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 COMMISSIONER WILLIAMS: Thank you, Brenda. 9 MR. CHAPMAN: Thank you. Will I be able to 10 get that now, Judge, or will I need to come back later? 11 JUDGE HENNEKE: You can have it in just a 12 little bit. 13 MR. CHAPMAN: Okay. 14 JUDGE HENNEKE: When I get around to signing 15 it. I see Mr. Emerson in the audience. With the indulgence 16 of the Court, I'd like to skip to Item Number 21, which is 17 the consideration of acceptance of a donation to Kerr County 18 of a Freedom Shrine by the Kerr County Exchange Club. Rex, 19 do you want to address us on this, please? 20 MR. EMERSON: Yes, sir, thank you. Morning. 21 COMMISSIONER GRIFFIN: Morning. 22 MR. EMERSON: My name's Rex Emerson. I'm 23 here on behalf the Exchange Club and Bailey, Danford, and 24 Emerson law firm. There's a -- I presented packets, 25 basically, of what's called a "Freedom Shrine." What that 67 1 is is 30 historical documents to the United States that are 2 laminated, they're placed on mahogany-type plaques, and they 3 would be arrayed in such an arrangement to demonstrate them 4 all. The area that's been proposed is the blank wall to the 5 right as you come out of the elevator upstairs where the 6 district courtrooms are in the waiting room. I think it 7 would be a tremendous asset to the County to have those 8 documents available for the public to read as they wait to 9 go to court or handle their business affairs. We've agreed 10 to underwrite all the expense, including installation, with 11 the Exchange Club sponsoring the Freedom Shrine, and we'd 12 like to present that to the Court. 13 COMMISSIONER WILLIAMS: I don't know if any 14 other members of the Court have seen these freedom shrines, 15 but I have seen them, and they're really very well done. 16 All the important documents in American history -- I believe 17 all of them are represented and displayed in a really fine 18 fashion. Personally, I think it would be a welcome addition 19 to the decorations of the lobby area of the new courtroom. 20 MR. EMERSON: If I may be allowed to 21 approach, I actually have a color brochure. 22 JUDGE HENNEKE: Yes, you may. Have you -- 23 have you discussed this with Judge Ables and Judge Prohl? 24 MR. EMERSON: I -- my understanding is that 25 Mr. Longnecker has. 68 1 COMMISSIONER WILLIAMS: I think Rex is 2 correct. Mr. Longnecker brought it to me originally, and I 3 suggested that we get all the information together. He 4 had -- had indicated that the -- that the courts upstairs 5 were in tune with it. 6 COMMISSIONER GRIFFIN: We need a motion to 7 accept on behalf the County? 8 JUDGE HENNEKE: Yes, we do. 9 COMMISSIONER GRIFFIN: I'll move that we 10 accept the donation of the Freedom Shrine from Kerr County 11 Exchange Club and the law firm of Bailey, Danford, and 12 Emerson to Kerr County for display in the courthouse -- 13 COMMISSIONER WILLIAMS: I'll second. 14 COMMISSIONER GRIFFIN: -- in an appropriate 15 place. 16 COMMISSIONER WILLIAMS: Second. I'll second 17 that. 18 JUDGE HENNEKE: Moved by Commissioner 19 Griffin, seconded by Commissioner Williams, that the 20 Commissioners Court accept the donation to Kerr County of 21 the Freedom Shrine by Kerr County Exchange Club and the law 22 firm of Bailey, Danford, and Emerson, such donation to 23 include the cost of the shrine, the cost of installation, 24 and that the Freedom Shrine be displayed in an appropriate 25 place in the courthouse. Any questions or comments? If 69 1 not, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. 6 COMMISSIONER LETZ: On location, you can get 7 with the architect or -- with the architect or with Keith 8 or -- 9 COMMISSIONER WILLIAMS: Keith suggested the 10 location that Rex described. 11 COMMISSIONER LETZ: Reason I brought it to 12 the Judge's -- we stated -- the motion said a spot in the 13 courthouse, but didn't say what spot in the courthouse. I 14 was -- 15 COMMISSIONER WILLIAMS: Really, in the Annex. 16 And, it is the right-hand wall as you come in after you exit 17 the elevator; it would be the long right-hand wall. Am I 18 correct? 19 MR. EMERSON: Yes, sir, that is correct. 20 JUDGE HENNEKE: Thank you, Rex. We 21 appreciate the generosity of your firm and the Exchange 22 Club. 23 MR. EMERSON: Thank you. 24 JUDGE HENNEKE: Thank you. 25 (Discussion off the record.) 70 1 JUDGE HENNEKE: Let's return to the regular 2 order of the agenda. Item Number 16, consider and discuss 3 setting the time of 10 o'clock a.m. on October 10th, Year 4 2000, to open bids for gasoline for the Sheriff's 5 Department. 6 SHERIFF HIERHOLZER: Just a technicality. 7 Last Commissioners Court we set it on the 10th of October, 8 but we did not officially set a time. Just so we get those 9 bids out, posted correctly, I believe it's supposed to be 10 here. Y'all normally set 10 o'clock -- 11 COMMISSIONER GRIFFIN: It's the 11th. 12 JUDGE HENNEKE: No, it's the 10th. We're 13 going to go back and -- 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Okay. Moved by Commissioner 17 Letz, seconded by Commissioner Griffin, that bids for 18 gasoline for the Sheriff's Department be opened at 19 10 o'clock a.m. on October 10th, Year 2000. Any further 20 questions or comments? If not, all in favor, raise your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Okay. We need to back up to 71 1 where we had the public hearing on the no-wake zone order, 2 because I announced the date wrong. Instead of the 11th of 3 October, it's the 10th of October. 4 COMMISSIONER WILLIAMS: I move the public 5 hearing be set on October 10th, Judge. 6 COMMISSIONER LETZ: Second. 7 JUDGE HENNEKE: Moved by Commissioner 8 Williams, seconded by Commissioner Letz, that -- that we 9 correct the previous order to set the public hearing for the 10 no-wake zone for -- 11 MS. PIEPER: Does it matter that you have two 12 set at 10 a.m. on that date? 13 JUDGE HENNEKE: What else do we have at 14 10:00? 15 MS. PIEPER: You have the no-wake zone and 16 then have you the bids. 17 JUDGE HENNEKE: No-wake zone just became 18 10:15. 19 MS. PIEPER: Okay. 20 JUDGE HENNEKE: 10:15 a.m. on October the 21 10th, Year 2000. Any 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.) 72 1 JUDGE HENNEKE: We just shouldn't have Monday 2 holidays; it just throws the Judge completely off. 3 COMMISSIONER WILLIAMS: Throws the system out 4 of whack. 5 JUDGE HENNEKE: Next item is Item Number 17, 6 consider and discuss approving job descriptions as submitted 7 by Nash and Associates. Barbara? 8 MS. NEMEC: Judge and Commissioners, Nash and 9 Associates have submitted the recommended job descriptions, 10 and they were all sent to all the department heads and 11 elected officials for them to review and make any changes 12 that they felt were necessary to them. There were some 13 changes, and those elected officials and department heads 14 sent those job descriptions back to me and I submitted them 15 to Nash, and he did revise the changes that were recommended 16 by the elected officials and send me the corrected copies. 17 So, they are all in line with the position schedule that was 18 adopted in the budget. 19 JUDGE HENNEKE: Any questions or comments? 20 COMMISSIONER GRIFFIN: I move that we approve 21 the job descriptions as submitted. 22 MS. PIEPER: I have a -- 23 JUDGE HENNEKE: Just a second. Wait a 24 minute, Jannett, just a minute. We have a motion. Do I 25 have a second? 73 1 COMMISSIONER WILLIAMS: Yeah. I want to ask 2 a question of Commissioner Griffin. Your motion is to 3 approve the job descriptions as submitted? Or as submitted 4 and amended? 5 COMMISSIONER GRIFFIN: As submitted and 6 amended. As the final submission, yes. 7 COMMISSIONER WILLIAMS: Okay, I'll second it. 8 JUDGE HENNEKE: Moved by Commissioner 9 Griffin, seconded by Commissioner Williams, that the Court 10 approve the job descriptions referred by Nash and Company as 11 amended and finally submitted. Jannett? 12 MS. PIEPER: I got a copy Friday and I went 13 over mine to look. I believe there's typos on the senior 14 accounting clerk. Each of the employees in the office are 15 required to type 55 words a minute, and on this one it's 45 16 words a minute, so that needs to be changed. And, the 17 physical demands were all required to lift, move, shove, or 18 push up to 50 pounds, and this one has 25 pounds, and I 19 would like to have that changed. 20 MS. NEMEC: The 25 pounds is the standard 21 weight that all the job descriptions have in them, and that 22 is recommended by the A.D.A., and it has been proved and 23 challenged in court, and that's why the 25 pounds was put on 24 there. As far as the typos, if you would submit them to me 25 again, we'll get them corrected, but they were all sent out 74 1 and asked to be reviewed. 2 MS. PIEPER: Okay. Then, if the 25 pounds is 3 up with the A.D.A., then all the other ones in my office 4 need to be dropped from 50 to 25, 'cause every -- all of the 5 rest of them have 50 pounds. 6 MS. NEMEC: Okay. 7 MS. PIEPER: So we'll need to change that. 8 MS. NEMEC: Submit them to me again. 9 MS. PIEPER: Okay. 10 COMMISSIONER LETZ: Is there a -- I guess, a 11 budgetary reason why we need to accept all these right now? 12 Or do we need to wait until they all come in and they're 13 correct? 14 JUDGE HENNEKE: Well, I think the majority -- 15 majority of them are correct. I mean, Jannett has 16 identified some -- a discrepancy between senior and deputies 17 and the rest of them; those need to be consistent. And 18 there are typos. I think we can always address the issue of 19 typos, but unless they're substantive -- the 45 to 55, to 20 me, is substantive, words per minute. That needs to be -- 21 that's -- it may be a typo, but it's the kind of a typo 22 where it needs to be corrected. The reason to do these is 23 simply to have them in effect at the start of the new fiscal 24 year, where we have the new classifications and the new 25 salaries in effect, so that everyone has a job description 75 1 to which they are accountable. 2 COMMISSIONER LETZ: I guess -- and part of my 3 question goes on to three other -- three departments that 4 have classification issues that they want us to look at, and 5 we denied all of them today. But, at the same time, I think 6 that, you know, if there's problems, we need to look at them 7 again or offer some sort of a mechanism again, because this 8 was an oversight of department heads or whatever the reason. 9 It's not fair to penalize the employees. So, I guess my 10 question is, you know, if it was -- I would prefer to defer 11 these rather than -- get them all right at one time rather 12 than go back and amend them. But, if there's a reason to 13 get these in before the budget year, I don't have a problem 14 with doing it that way, and then -- 15 MS. NEMEC: The only thing I have to say on 16 that is, these had been sent out and sent out and sent out. 17 I need to move on to other things, you know. I guess people 18 don't take me serious when I send out a memo and say, "Look 19 over your job descriptions and give me your corrections." I 20 don't know. But, this needs to come to a close so that I 21 can get this out of the way and move on. That's all I have 22 to say. 23 MS. PIEPER: Judge, may I speak again? I'm 24 sorry. Also, when you and I spoke before about our job 25 descriptions, you indicated that you wanted each employee 76 1 their own individual job descriptions. Therefore, I relayed 2 that to Nash, with a copy of each individual job 3 description. When I got them back Friday, I have each -- 4 individual job descriptions for each administrator and 5 senior clerk, but yet I only have one for what is called the 6 deputy clerk. And the deputy clerk that, maybe, sits in the 7 front of my office is completely different from the one that 8 sits in the back of my office, so I don't know how you'd 9 want that handled. 10 JUDGE HENNEKE: Sheriff, you had a comment? 11 SHERIFF HIERHOLZER: Only comment I have, 12 Your Honor, is I have no problem with the classification and 13 the -- and the job titles and everything that were done, and 14 I can see Barbara's need to go ahead and get them adopted. 15 It's just some of the duties that are set out in some of 16 those descriptions, as I have reviewed them and everything, 17 on some of them there does need to be some minor changes in 18 those duties. And, as long as there's an avenue that we can 19 come back and accept them or amend them or whatever later 20 with those changes. Some are -- are just kind of 21 technicality deals. One of them was -- like, in my chief 22 deputy's job description, in the duties, it has him in 23 charge of auto theft. Specifically, it states auto theft in 24 there, where it -- you know, it's all the criminal aspects 25 and everything. There's just some minor tweaking that I 77 1 think needs to be done. But, as far as the classification, 2 as far as the titles and everything else, I have no problem. 3 I'd just like the ability to come back later and to correct 4 some of those. And, to be honest, we just haven't had a 5 chance yet. I know Barbara has sent them out quite a while. 6 I've had mine for quite a while, but with everything else 7 we've had going during this budget year, it's just been hard 8 to actually sit down and go through each one individually 9 for different employees. 10 JUDGE HENNEKE: The department heads always 11 have the ability to come and -- 12 COMMISSIONER GRIFFIN: Any time. 13 JUDGE HENNEKE: -- and request amendments to 14 the job descriptions. I agree with Barbara, we need to -- 15 you know, to put a closure to this. I think it's important 16 that we have these job descriptions adopted by the Court to 17 coincide with the new compensation schedule and the new 18 classification, so that we move forward. We can always come 19 in and make the necessary amendments to any job description 20 that is dramatically or -- or substantially out of whack 21 with what is actually done, and that's an ongoing process. 22 SHERIFF HIERHOLZER: And I agree with that 23 totally. You know, it's -- we're in the process right now 24 of doing the entire Policy and Procedures manual and 25 everything else, and these job descriptions will fall in 78 1 there. And once we get to that point in the manual, then 2 I'll come back and make some of the other changes. 3 COMMISSIONER GRIFFIN: But job descriptions 4 and all will change over time. 5 SHERIFF HIERHOLZER: Right. 6 COMMISSIONER GRIFFIN: But we need to take a 7 slice in time now and say, "Here's what we approve." If we 8 need to tweak any of them, we can do that any time -- any 9 time during the year. But -- because job descriptions do 10 change. But I will make the motion that, with the -- with 11 the changes that we have recognized, that we go ahead 12 already -- that we go ahead and approve the job descriptions 13 that's on file now. And I think that was the motion that we 14 have, right? That's -- I'll amend my motion if we didn't, 15 that we take it as they are. We will approve them, and 16 certainly with the proviso that we can update those at any 17 time in the future when they need to be. 18 MS. NEMEC: The other reason for needing them 19 to be adopted now is, come October 1st, these employees are 20 going to be working on these job descriptions and being paid 21 on what was recommended by these job descriptions, and, you 22 know, should someone quit or an elected official or 23 department head ask an employee to do something and they 24 say, "It's not in my job description," but, in fact, it is 25 in this new one, but it's not in the old one, then we're 79 1 going to have problems there. So, these are the ones that 2 we're going to expect them to work out of October 1st -- 3 yeah, October 1st. 4 JUDGE HENNEKE: Motion's been made and 5 seconded that we adopt the job descriptions as currently on 6 file, with the exception that the typing requirement goes to 7 55 words per minute, and the physical requirements need to 8 be consistent at 25 within the Clerk's office. So, any 9 further questions or comments? 10 MS. UECKER: I just have a question, Judge, 11 probably of the Treasurer. She had indicated to me at one 12 time that Mr. Nash had said that -- something about he 13 didn't recommend any changes -- I mean, he wanted the job 14 descriptions that I had turned in -- 15 MS. NEMEC: Mm-hmm. 16 MS. UECKER: -- to be left, because I had had 17 some problems with the ones that he had. So, my question 18 is -- is which ones are being adopted? 19 MS. NEMEC: The ones you submitted. 20 MS. UECKER: The ones I submitted, okay. 21 JUDGE HENNEKE: Any further questions or 22 comments? If not, all in favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 80 1 JUDGE HENNEKE: Motion carries. Next item is 2 Item Number 18, which is from the Juvenile Probation 3 Department, but I'm going to handle that. AACOG has been 4 informed that there will be additional funds available for 5 use for Juvenile Probation Departments. The funds are 6 available on a matching basis; a 10 percent match is 7 required from the local jurisdiction. They don't know at 8 this time how much money is going to be available for each 9 Juvenile Probation Department, so we're really not able at 10 this time to determine how much the match would be. What 11 AACOG is looking for is a consensus from the various 12 Commissioners Courts that they would be willing to put up an 13 appropriate amount for the match, and so it's really just 14 kind of a -- what we're looking for today is a consensus 15 expression that, yes, if the amount of the match is 16 something that we are comfortable with, we would be willing 17 to participate in these additional funds. It's very open, I 18 understand that, but that's the best we can do. 19 COMMISSIONER GRIFFIN: So, this is sort of a 20 sense of the Court? 21 JUDGE HENNEKE: Yeah. 22 COMMISSIONER GRIFFIN: And, specific 23 amounts -- 24 JUDGE HENNEKE: Rather than a specific 25 amount, the way it works, they'll come back to us and say, 81 1 "Okay, you all can have an additional $6,600, but you'll 2 have to put up 10 percent of that." Then they'll come to 3 court. Court will have to determine if we want to put up 4 the match for the additional funds. 5 COMMISSIONER LETZ: And where the money would 6 come from. 7 JUDGE HENNEKE: And where the money would 8 come from, that's correct. So, it's just a -- all I'm 9 looking for today is a consensus that we would be willing to 10 participate in the program at an appropriate level. 11 COMMISSIONER GRIFFIN: I would move that we 12 transmit back to AACOG that we will be interested in looking 13 at a specific proposal, and we'd be very much interested in 14 participating in the program. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE HENNEKE: Moved by Commissioner 17 Griffin, seconded by Commissioner Williams, that the Court 18 express its interest to AACOG in participating in the 19 program at an appropriate level. Any further questions or 20 comments? If not, all in favor, raise your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. Okay. 25 Number 19 is consider and discuss constructing first of two 82 1 parking areas in proximity of Courthouse Annex, and 2 resurfacing the interior roadway of the Courthouse Square. 3 Commissioner Williams. 4 COMMISSIONER WILLIAMS: In your packet is a 5 memorandum from Mr. Odom in regards to some of the estimated 6 costs to do the paving -- substantive paving of the 7 courthouse. I think he means the interior road of the 8 courthouse, the driveway. And, on an earlier appearance, 9 Mr. Odom had indicated that there might be sufficient funds 10 remaining at the conclusion of the budget year to 11 accommodate that, so without anything else to say, let's see 12 what Mr. Johnston tells us about that. 13 MR. JOHNSTON: Well, we -- last Friday we did 14 a printout of all of our open P.O.'s and bills that we know 15 about. The total outstanding bills at Road and Bridge is 16 $66,737. The balance shown on our accounting system, which 17 does not include the employee salary line items, is $58,640, 18 which shows a deficit of 8,007 -- $8,097. But, there's a 19 surplus in the Employee line item of $10,640, which gives a 20 current end of the -- as of now, as far as we know, a 21 balance of $2,543. 22 COMMISSIONER WILLIAMS: So, that would get us 23 down to what might be left in Special Projects; is that 24 correct? 25 MR. JOHNSTON: I think that Special Projects 83 1 has a balance of, like, $800 -- $860. That's -- I called up 2 this morning. She said that was the balance. 3 COMMISSIONER WILLIAMS: Bottom line is you're 4 saying that there are no available funds. 5 MR. JOHNSTON: About $3,000. 6 COMMISSIONER WILLIAMS: About $3,000, which 7 is insufficient to get the job done. 8 MR. JOHNSTON: I think that figure he gave 9 you did include that little 7-line lot -- parking lot, 10 because we had some prices for -- he was going to use black 11 base, as opposed to regular -- regular base, because it was 12 such a small area, it's hard to compact. Black base 13 compacts easier. But, he had a price on that. It's, like, 14 $1,875, so we could purchase that. Plastic mat that he was 15 going to install in the parking lot to take care of the 16 cracking issue, so it wouldn't crack through to the new 17 surface, was $3,600, so it's a little over what we have 18 left. Looks like our balance is just right at $3,000, 19 including Special Projects. 20 COMMISSIONER LETZ: One of the -- 21 COMMISSIONER WILLIAMS: Go ahead. 22 COMMISSIONER LETZ: The black base, is it 23 contemplated that Road and Bridge personnel would do the 24 work? Or is that just simply buying materials, and sometime 25 next year, we -- 84 1 MR. JOHNSTON: Right. 2 COMMISSIONER LETZ: -- do something? 3 MR. JOHNSTON: Sometime, when we get some 4 more money from the next budget or whatever, we -- perhaps 5 next budget, we can take something out of some special 6 project and use that, or -- might be a way to do it. 7 COMMISSIONER WILLIAMS: I have to admit, I'm 8 not clear, in terms of this memorandum, what you can and 9 can't do this year. But, I have only one other observation 10 to make. 11 MR. JOHNSTON: I think we're saying we have 12 $3,000. Evidently, that won't do a whole lot. 13 COMMISSIONER WILLIAMS: $3,000 won't do a 14 whole lot. Only other observation I have about this matter 15 is, the District Judges have advised that as soon as those 16 courts are open upstairs and they're accepted by 17 Commissioners Court, they're going to begin double-booking. 18 Is that correct, Ms. Uecker? 19 MS. UECKER: That's correct. 20 COMMISSIONER WILLIAMS: So, you've got to 21 think about the possibilities going to happen around here. 22 If both of those district courts sent out jury calls and you 23 have a court in operation down here in the County Court at 24 Law, you have the potential for 300 to 400 people on the 25 grounds on jury call. Am I right? 85 1 MS. UECKER: That's right. 2 COMMISSIONER WILLIAMS: Parking in this 3 courthouse square is totally inadequate. It's inadequate as 4 we stand today, and it's going to be grossly inadequate on 5 those situations, so I think we would have to get serious 6 about what we're going to do about parking in this facility. 7 And that's the only thing I have to offer, Judge. I don't 8 know how we're going to do it. We've got to get serious 9 about it. 10 MR. JOHNSTON: We're talking about redoing 11 the existing and this little -- 12 COMMISSIONER WILLIAMS: We talked about both 13 items. 14 MR. JOHNSTON: On these lots over there, it's 15 really a net of only two or three -- we're eliminating some 16 parallel parking in there, so -- 17 COMMISSIONER WILLIAMS: We talked about a 18 small area here. We talked about one on the front side, on 19 what would be the western front on the Sidney Baker side, 20 which elected officials and employees who are here full-time 21 would have parking off the -- off the driveway, off the 22 interior driveway, which would free up more spaces on the 23 interior driveway. 24 MR. JOHNSTON: Right. I think that was -- 25 that design was for -- I was just talking about the seven 86 1 over on that side. 2 COMMISSIONER WILLIAMS: Mr. Holekamp and I 3 have talked about all of these items with Road and Bridge on 4 more than one occasion, and -- 5 MR. JOHNSTON: Yeah, Leonard's probably more 6 familiar with it than I am. That was the last time I talked 7 to him. 8 COMMISSIONER LETZ: I would, you know, 9 basically agree with what Mr. Williams is saying. Something 10 needs to be done with the parking. It appears -- we were 11 hoping that there would be money in Road and Bridge's budget 12 to do something. There isn't. I think we need to look at 13 it as to the three different items; there's this little 14 area, there's redoing the downstairs area, and there's the 15 area over here by the -- the lawn area, whatever we call 16 that area on the west side of the courthouse. I think we 17 need to get a proposal for each of those three, and then 18 decide, you know, how we're going to fund it. 19 COMMISSIONER WILLIAMS: Mr. Holekamp, do you 20 have anything to add on it? 21 MR. HOLEKAMP: No, sir, not at this time. 22 COMMISSIONER WILLIAMS: Okay. 23 MR. JOHNSTON: As far as the sealcoat and 24 that little area, I think we have those numbers worked out. 25 It'd be a matter of having to schedule the work over a 87 1 weekend, and it would be a two-day job. We'd have to do it 2 all on a weekend not to disrupt all the weekday traffic. 3 COMMISSIONER GRIFFIN: I think the follow-up 4 on what Jonathan just said, if we could have a -- a proposal 5 for what it would cost in each of those areas so that we can 6 figure out how to bite it off, it would sure be helpful, and 7 don't -- you know, don't have it all aggregated together, 8 but here's what this one would cost, here's what that would 9 cost, here's what this would cost, so on. 10 MR. JOHNSTON: Mm-hmm. 11 COMMISSIONER GRIFFIN: If we can do that, I 12 think we're just going to have to take action and -- and do 13 what we have to do. 14 COMMISSIONER WILLIAMS: Linda had a comment. 15 JUDGE HENNEKE: Linda? 16 MS. UECKER: I think -- I think if you'd like 17 some kind of an indicator, just to see what's going to be 18 happening, I've called 550 jurors for October the 17th, 19 which is more than twice as many as I usually do, because of 20 a capital case that we'll be trying here starting on that 21 date, so you may kind of want to be here and see what 22 happens. 23 COMMISSIONER WILLIAMS: Might be an 24 interesting exercise. 25 MS. UECKER: Mm-hmm. 88 1 JUDGE HENNEKE: There's another issue, too, 2 in that part of the contract for renovation to the Annex 3 includes restoring the west side of the courthouse lawn 4 where they tore it up to do the work on the elevator. And, 5 at least theoretically, we could get a credit on that 6 contract if we were to tell them not to do that work, but 7 we'd have to make the decision fairly quickly. 8 COMMISSIONER GRIFFIN: Are you suggesting 9 just save the money and use that for something? Or to turn 10 that into a parking area? 11 JUDGE HENNEKE: I think the idea is certainly 12 to turn it into a parking area. If we're not going to make 13 that parking, then yes, we'd want it restored. We don't 14 want a dirt pile left over there. But, if it is going to be 15 parking, it makes no sense to pay Stoddard to restore it and 16 then go in and -- and blade it up. So, we need to get to 17 some closure on that side, at least. And, maybe what we 18 ought to do is to focus on that side, and I can ask Keith 19 Longnecker to tell us how much the credit would be. If, 20 perhaps, Road and Bridge can bring it to us in figures for 21 just doing that discrete project, then we can determine if 22 we can balance the two, if they don't balance. 23 COMMISSIONER GRIFFIN: Can we authorize you 24 to negotiate that with -- through Keith to Stoddard, and 25 with Road and Bridge and -- so that we don't have to wait? 89 1 Because time is going to run out on us here. 2 JUDGE HENNEKE: We need to bring it back to 3 Court. I think what we need to do is we need to have those 4 numbers, and in sufficient time for us to sit down at the 5 next Court meeting and decide, okay, is this a project that 6 we want to authorize and go ahead and do. 7 MR. JOHNSTON: We can do it. 8 JUDGE HENNEKE: And find the money. So, 9 that's what I'm suggesting. Commissioner? 10 COMMISSIONER WILLIAMS: That's fine. 11 COMMISSIONER LETZ: I'd like to still get -- 12 even though we may focus on that one, I think we need to get 13 three distinct -- 14 COMMISSIONER WILLIAMS: Three separate 15 projects. 16 COMMISSIONER LETZ: Yeah. 17 JUDGE HENNEKE: This little parking area, 18 there's a big parking area, then there's redoing the 19 driveway. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER GRIFFIN: What about underneath? 22 JUDGE HENNEKE: Underneath won't take much. 23 We don't have to reconcrete; the most we'd have to do is 24 stripe it. I think the three -- 25 COMMISSIONER GRIFFIN: The three you 90 1 mentioned. 2 COMMISSIONER WILLIAMS: Surface projects up 3 here. 4 MS. UECKER: Wasn't there a proposal at one 5 time to remove some of the front by the fountain to make 6 that, like, double -- 7 COMMISSIONER LETZ: We looked at that, but it 8 would need -- the net gain was three or four spaces for 9 getting rid of a lot of yard. And, it was -- 10 MS. UECKER: Three or four spaces to put a 11 double row of parking on both sides, and then a center row? 12 COMMISSIONER LETZ: But when you angle them, 13 you have to -- what happened was, it was basically angled 14 parking all the way on both sides, but when you do that, you 15 have -- you have to -- because of turning, you have to go in 16 so far and you don't gain that much. 17 MS. UECKER: Okay. But, what I was talking 18 about is going all the way to the fountain to where you 19 could have angled, plus put in a center row of parking. 20 JUDGE HENNEKE: There may have been some 21 discussion about that before my time, but that's not 22 something I'm interested in. 23 COMMISSIONER WILLIAMS: Current discussion is 24 a parking lot on the west side just as you come in the 25 driveway, which would provide about 18, I think, spaces, 91 1 something like that, 16 to 18. Is that correct, 2 Mr. Holekamp? 3 MR. HOLEKAMP: 18 to 20. 4 COMMISSIONER WILLIAMS: A second parking lot 5 back here on this side, which would create another six or 6 seven spaces. Then, when you add those two to what will be 7 regained in the subterranean area down below, where I'm sure 8 the District Judges and other members of the court will 9 park, we will probably have gained 25 to 35 spaces. There's 10 an additional potential by, when we decide to resurface the 11 interior road, whether we have the traffic on the outside or 12 the traffic on the inside, and depending on which gives us 13 more parking spaces. If you -- if we give more parking 14 spaces by putting them on the inside of the road, fine. Let 15 the traffic go on the outside, or vice versa, whichever 16 gives us the most. 17 JUDGE HENNEKE: Okay. All right, we'll get 18 the numbers together and bring it back on the 10th of 19 October. The next number is Item Number 20, consider and 20 discuss declaring as surplus property two 8-foot long by 21 2-foot diameter metal culvert sections, and authorize Road 22 and Bridge Department to exchange same with the Kerr County 23 4-H program for materials to be used at the Center Point 24 Park. 25 COMMISSIONER WILLIAMS: This is real simple, 92 1 Judge. Billy Snow from 4-H has a need in their construction 2 of the Trap and Skeet Shoot project out on the landfill area 3 for some of those large conduits, culvert sections. Road 4 and Bridge has a couple which I believe are, in effect, 5 abandoned. You haven't used them, have no plans to use 6 them, and they're sitting in the -- in the discard yard. 7 Mr. Snow also has an abundance of boulders which we could 8 use at Center Point park in the rehabilitation of that park. 9 So -- and so we're proposing that, from the -- that we 10 declare as surplus those two culverts, and authorize an 11 exchange. 12 COMMISSIONER LETZ: So, we're getting rocks 13 for culverts? 14 COMMISSIONER WILLIAMS: We get rocks for 15 culverts. 16 COMMISSIONER LETZ: Second. 17 JUDGE HENNEKE: Moved by Commissioner 18 Williams, second by Commissioner Letz, that we declare 19 two -- where'd it go? -- two 8-foot long by 2-foot diameter 20 metal culvert sections as surplus property and authorize the 21 Kerr County Road and Bridge Department to exchange such with 22 the Kerr County 4-H program for materials to be used at 23 Center Point Lions Park. Any questions or comments? If 24 not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 93 1 JUDGE HENNEKE: All opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Next item is 4 Item Number 22, consider and discuss revising Commissioners 5 Court procedure for appointing representatives to the 911 6 Board. Commissioner Letz. 7 COMMISSIONER LETZ: I put this on the agenda 8 after talking with, I guess, Commissioner Griffin and 9 Sheriff Hierholzer, and also the City Manager as well. It 10 seems to me that 911 might be more effective into -- 11 effective in general, and also considering the pending 12 consolidation of dispatch, this is kind of even more 13 pressing, for us to get people that are more professionals 14 on that board, that are dealing both from the city 15 standpoint and the county standpoint with dispatch. And, I 16 think that we control two positions on 911, two of the five 17 positions, and I would recommend that one of our positions 18 always be filled with the Sheriff, and that person needs to 19 be involved with 911. 20 The second position, I really think -- I put 21 in the -- in my memo that was in the agenda backup either a 22 Commissioner representative or a Road and Bridge 23 representative. I did that prior to talking to Commissioner 24 Griffin, and he has some very good reasons not to have a 25 Commissioner in that position, is that Commissioners Court 94 1 needs to be one step removed from that process, and I agree 2 with that. I've also had additional communications with the 3 Sheriff and the City Manager about what they're planning on 4 doing. The City also has -- well, municipalities have two 5 positions. One of the City's positions is apparently -- or 6 probably going to be changed to Chief Dickerson in early to 7 mid-October. The other position, from their agreement with 8 the City of Ingram, they just delegated that position to the 9 City of Ingram, and they're going to probably have the City 10 Fire Marshal, I would guess, currently on the board. 11 The -- there's probably a need -- and I 12 concur with the Sheriff on this -- to have the Fire Chief on 13 this also serve as the County's emergency coordinator, and I 14 don't have a problem for him being, you know, I guess, 15 the -- the other County representative at this time. I 16 think, you know, certainly Chief Holloway has a -- 17 understands the needs of 911 probably as well as anyone in 18 the county, and does represent the County. I mean, you 19 know, I really think that that should be a City appointee, 20 but since they only have one slot under the current 21 arrangement, I don't mind the County's second spot being 22 Chief Holloway. I just think it would assist that board in 23 getting their duties performed to have, you know, the 24 professionals that are County and/or City employees in those 25 board positions. 95 1 COMMISSIONER GRIFFIN: As I mentioned to you, 2 Jonathan, I -- I agree that some reorder of the board might 3 be appropriate; however, the -- and, particularly, since 4 thinking about what we discussed earlier, there is -- there 5 is one aspect of this that might concern me a little bit, 6 and that would be loading up the 911 Board with only 7 emergency service providers and law enforcement, because 8 there is a lot more to the -- as we well know, there is a 9 lot more to the 911 responsibility than direct support to an 10 emergency or to a problem requiring law enforcement. There 11 is the issue of road-naming and numbering. 12 There is an administrative function that I 13 think is process -- highly process-oriented, and that we 14 need some membership on that board that is very -- that is 15 directly involved, that understands the management process 16 of boards of directors, and that is oversight. Not to get 17 into the nitty-gritty of, "What do we do with the next 18 fire?" But, "What does it take to run this organization?" 19 And -- and that's what the board needs to really concentrate 20 on, particularly in light of our recent experience, where 21 we're trying to get a numbering and naming system set up and 22 so on. So, there's got to be some oversight that, I think, 23 comes as well from the community as it does from the -- 24 either the law enforcement or -- as important as that is, 25 law enforcement and emergency services providers. 96 1 The most recent appointment that we made to 2 the board, Dave Ballard, who has jumped in with both feet, 3 he probably is as -- is as up to speed right now, today, on 4 what the function of the 911 Board should be, what the 5 processes are that they have to deal with, and -- and he is 6 taking a very active role. I would not like to see him come 7 off immediately, because he's just now starting to make a 8 real contribution. You know, downstream, we may want to 9 consider further reordering, but I'd like to discuss that a 10 little bit before making a decision, in my mind, about 11 loading up the board with -- with our primary law 12 enforcement and our primary emergency service provider, if 13 you will, in the other position, and I'm thinking of the 14 Chief. That just doesn't quite answer all the questions, in 15 my mind. So, I'm concerned about doing that today. I 16 would -- I would see that, at the next opportunity, we -- 17 probably, the Sheriff ought to be on the board, but I think 18 we ought to leave our other appointee on, at least for now, 19 and see what kind of contribution that can be -- that's a 20 citizen input, which I think is also important. 21 COMMISSIONER LETZ: I don't have a -- you 22 know, if I'm hearing what you're saying, just make a change, 23 have Rusty go on now, and then leave the other one as an 24 at-large -- 25 COMMISSIONER GRIFFIN: Mm-hmm. 97 1 COMMISSIONER LETZ: -- Commissioners Court 2 position. You know, I don't have a real problem with that. 3 And the other question that I have is -- and I might ask 4 Travis, since he's still here. The question is, by statute, 5 it's very clear as to who's on that board. Is there any 6 leeway to appointing a larger board? Travis? Or can that 7 board, through its bylaws, enlarge itself? 8 MR. LUCAS: In fact, you and I talked about 9 this earlier. Do you want to help address this? 10 (Sheriff Hierholzer shook his head.) 11 MR. LUCAS: Essentially -- and this is 12 really, I guess, kind of getting into topic number 23, the 13 next one, but we won't go there. But, we can't find 14 anything that really says anything about, you know, 15 creating -- having the authority to create an additional 16 board, if that's what you're asking. I think Motley had 17 looked over that last week when I was gone. And, of course, 18 the statute that I gave you, that's all we could find. 19 COMMISSIONER LETZ: Right. So, essentially, 20 that board is made up of those five members and that's it? 21 MR. LUCAS: Yeah. 22 COMMISSIONER WILLIAMS: Who is the principal 23 service supplier? We would appoint one board member. Who 24 is that? 25 SHERIFF HIERHOLZER: This is Vernon's Civil 98 1 Statutes. As far as the principal service -- 2 COMMISSIONER WILLIAMS: I'm looking under -- 3 I'm looking here on what the provider -- 772.306, Subsection 4 (c) -- well, a, b, c -- (c)(2) -- (c)(3). 5 COMMISSIONER GRIFFIN: I think that -- I 6 think that position is Kerr County EMS or -- or something. 7 You know, I mean, I think it's, like, the ambulance 8 provider, the primary ambulance provider service or 9 something like that. 10 COMMISSIONER WILLIAMS: One member appointed 11 by the principal service supplier. 12 COMMISSIONER LETZ: If that is -- principal 13 service supplier is the ambulance provider, well, then, that 14 would be Chief Holloway. The City of Kerrville performs 15 that function for the City -- or, I mean, that function is 16 performed through the County by the City. 17 COMMISSIONER WILLIAMS: So, essentially, what 18 the answer to somebody's question -- yours, I guess, 19 Larry -- which was, can the board be expanded? The answer 20 is no. Or, Jonathan, did you ask that question? 21 COMMISSIONER LETZ: It cannot be expanded, 22 but there is one position that I was never clear on as to 23 what it was. 24 SHERIFF HIERHOLZER: I wasn't clear on that 25 either, but the problem would be if you add one position, 99 1 then you end up with a 6-member board when it comes down to 2 voting. 3 JUDGE HENNEKE: The appointee by the 4 principal service supplier is a nonvoting member, so you 5 still end up with five votes. I think that's a question we 6 need to find the answer to. Who is the principal service 7 provider? And, that probably solves the -- the issue. 8 COMMISSIONER WILLIAMS: I don't see where you 9 see that it says that that's a nonvoting member. 10 JUDGE HENNEKE: It's Subsection (e), Board 11 member appointed by the principal service supplier is a 12 nonvoting member. 13 COMMISSIONER WILLIAMS: Okay. Let me offer a 14 couple comments, too. I had a long chat with Sheriff 15 Hierholzer about this -- I think Friday afternoon, Rusty, 16 when we chatted? 17 SHERIFF HIERHOLZER: Thursday or Friday. 18 COMMISSIONER WILLIAMS: Time flies when 19 you're having fun. And, this was a major change, and it 20 came about rather quickly. And I know we've expressed 21 displeasure down through the months about the function of 22 911, but I have -- I have some questions and some 23 reservations. I'll start out by saying I have absolutely no 24 reservation about our Sheriff being part of the board. He 25 belongs there, he should be there, so set that aside. 100 1 Having said that, this talks about changing the procedures, 2 and I'm not sure I understand that. What procedures are we 3 changing? We are, in effect, changing only our appointees. 4 The procedure is that we -- it's set out by law. We have -- 5 the procedure says, by law, we have two people there. 6 Change the procedure, so we're going to change our scope of 7 influence, I think, is what we're talking about. Am I 8 correct? 9 COMMISSIONER LETZ: Well, historically, we 10 have appointed community representatives, and I'm suggesting 11 that we should appoint the Sheriff, and that can be -- 12 COMMISSIONER WILLIAMS: I agree the Sheriff 13 should be there, but when you touch on the other aspects of 14 it in terms of community representation -- except that their 15 suggestion is that we now also appoint an advisory board, 16 and I don't see anything in law that says we can or cannot 17 do that, so I don't know. I think that issue is hanging. 18 Where is the community involvement if we suddenly switch our 19 position with respect to who we choose to serve on that 20 board? If we want our chief law enforcement officer, fine 21 and dandy, but if we're saying it has to be somebody who is 22 either involved in law enforcement or emergency management 23 or something else like that, where is the community 24 involvement of this if we don't have an advisory board? And 25 if we're going to do an advisory board, why would we go away 101 1 from what we're doing? 2 COMMISSIONER LETZ: I think an advisory 3 board, to me, is nonvoting. I think the Commissioners Court 4 can appoint those -- open meetings -- can appoint an 5 advisory board to assist us in decision-making any time we 6 want. So, the reason for the advisory board is a way to 7 keep community representation on that board, or involved, or 8 have some communication between the Court and that board. 9 The reason for the change, to me right now -- and I'm -- you 10 know, I have no problem keeping Dave on there right now. I 11 put this on the agenda because, one, the dispatch issue, I 12 think, needs -- is changing 911, and I think the City is 13 getting ready to appoint Chief Dickerson. I think it's very 14 good for to us have the Sheriff on there. 15 The other reason for -- for pushing it right 16 now, the 911 Board has not done a good job, in my opinion. 17 I want to make some changes in who's on that board. You 18 know, I've been a Commissioner now for four years, and we're 19 barely further along than when we started. And that 20 board -- and the problem has been that that board is not -- 21 I mean, 911 doesn't work for the County, so our only 22 influence is through who we appoint. And, to me, you know, 23 our appointees have not -- along with the City, for that 24 matter, have not been getting the job done, so I would like 25 to make some changes. 102 1 COMMISSIONER WILLIAMS: That leads me to 2 another area I wanted to talk to -- talk about. And, you 3 didn't put -- to what extent do we know of the City of 4 Kerrville's intent with respect to this issue? 5 COMMISSIONER LETZ: I talked with Ron 6 Patterson last week, and he says they are -- you know, it 7 has not gone before council yet; staff is looking at it. 8 Staff is probably going to recommend Chief Dickerson take 9 their one slot. And I asked timing, when that would happen. 10 He said sometime in October was the best guess, based on his 11 current thought. But, it has not been taken to council, has 12 not been approved by council yet. 13 JUDGE HENNEKE: I've talked to the mayor 14 about this, and he's in favor of it. 15 SHERIFF HIERHOLZER: If I can make a few 16 comments on reasoning and what the -- I know a couple of 17 Commissioners and I have talked. When y'all appointed me to 18 the committee, or appointed a committee to study the common 19 dispatch or centralized dispatch, Chief Holloway, Chief 20 Chuck Dickerson, Rowan Zachry, and myself have been having 21 the meetings on trying to figure out how we're going do a 22 centralized dispatch. 23 The problem you end up with in a centralized 24 dispatch, if you -- you cannot create a new entity. We 25 can't create a new -- new organization, you might say. And, 103 1 if you put it under either under the Police Department or 2 under the Sheriff's Department or under the Fire Department 3 as being the controlling provider for it for centralized 4 dispatch, I think you stand a chance of, later on, with the 5 changes in members of whoever the chiefs are, whoever the 6 Sheriff is or whatever, with somebody kind of getting 7 biased, you might say, as to the type of calls that get 8 priority. You know, whether it be, "Well, I'm the Sheriff; 9 I want Sheriff's" -- and it's under me, "I want Sheriff's 10 Department calls to have priority." We don't want to get 11 into that type of situation in a centralized dispatch. I 12 think it would be very, you know, detrimental to everybody. 13 So, in looking at it, 911 -- if you go back 14 to see what 911's purpose was under the Vernon Civil 15 Statutes under the code, it is to "encourage units of local 16 government" -- and this is just part of their purpose; I'm 17 not reading the whole thing -- "local government, and 18 combinations of those units, to develop and improve 19 emergency communications procedures and facilities in a 20 manner that will make possible the quick response to any 21 person calling the telephone number 9-1-1 seeking police, 22 fire, medical, rescue, and other emergency services.". 23 So, 911 is really, in my opinion, kind of 24 developed to do a centralized dispatch, and I think it's the 25 appropriate place to have dispatch. But, to be able to keep 104 1 it to where it's totally nonbiased, everybody gets it, I 2 feel that the -- the emergency service providers, being the 3 Chief, myself, and the E.M.S. and Fire Department and 4 Ingram, the main ones in the county, be appointed to that 5 board to make those decisions and to make sure that that 6 gets carried out. And, Commissioner Griffin's responses to 7 the addressing, the only thing I would say is, as an 8 emergency service provider -- and I'll give you this little 9 printout -- is I think those providers are very concerned 10 about the addressing. 11 COMMISSIONER GRIFFIN: Sure. My comment was 12 not -- I know -- 13 SHERIFF HIERHOLZER: I'm not -- 14 COMMISSIONER GRIFFIN: I'm just saying 15 someone on the board who is -- is aware of best management 16 practices and all, who -- who can stay out of the fray of -- 17 because when the emergency service people and the law 18 enforcement folks get involved, they've got specific 19 functions that you have to do. And I'm just saying that 20 part of the representation of the board being able to step 21 back and say, okay, how are we running the organization? 22 Not how we're providing services and -- but how are we 23 running this organization administratively, is a good idea. 24 That's what boards of directors do in companies. I mean, 25 they don't worry about the cars moving down the line so much 105 1 as how are we doing the overall business of producing 2 automobiles? 3 SHERIFF HIERHOLZER: Well, I think under 4 this, you still end up with -- the way the -- the statutes 5 read, is that the board appoints a director, just as they 6 have now, and then that under that director, you can have 7 other employees expand out from there. And, my 8 recommendation to the board, if we get on it -- and things 9 like that, I can't say -- would be that we have a 10 communications supervisor and a mapping or a -- or an 11 addressing supervisor, and go from there, so that both of 12 those -- 13 COMMISSIONER GRIFFIN: We don't disagree at 14 all on that. 15 SHERIFF HIERHOLZER: -- are met, and -- in 16 doing that. I just think getting it under one, where the 17 County and City can all combine our resources and put 18 dispatch in where it really belongs, okay, in a manner that 19 cannot be kind of run by any one person any one agency. And 20 then my -- you know, I think there ought to be an advisory 21 board at that point. That would just be my opinion. I 22 think it's going to be up to the 911 Board to appoint that 23 advisory board if they choose to do so, okay? And, that on 24 that advisory board, have a citizen -- have, you know, your 25 service provider, nonvoting member, have somebody from 106 1 D.P.S. communications, even though they wouldn't go into 2 that, have a Commissioner and have a City Councilman, so 3 that everybody knows what's going on, and take a lot of the 4 politics out of it, hopefully. 5 COMMISSIONER WILLIAMS: Your comment, 6 Sheriff, I think is appropriate in terms of trying to avoid, 7 on the board, having a service provider or a law enforcement 8 overload -- mentality overload, and I think that's 9 important. I think it's important, as Commissioner Griffin 10 pointed out, that we have also representation on that board 11 of somebody who knows what it is to run a business of the 12 magnitude of 911. I agree with Commissioner Letz, the board 13 has been nonresponsive. Not -- even before I got here, and 14 probably before Commissioner Letz got here, nonresponsive. 15 And -- and that's something we need to address. I would 16 like for us, in addressing it, since we're limited to, what, 17 five people, two of which we have responsibility for? 18 SHERIFF HIERHOLZER: Correct. 19 COMMISSIONER WILLIAMS: I think we need to be 20 very judicious in that appointment and make certain that we 21 have the type of -- of administrative expertise that goes 22 with managing a business that spends -- how many dollars a 23 year? A million? More? A lot of money. 24 SHERIFF HIERHOLZER: Right. 25 COMMISSIONER WILLIAMS: And provides a 107 1 service that we've been -- if you'll excuse the expression 2 -- that we've been harping on not having. So, we need it. 3 I just want us to be careful. I want us to avoid that bias 4 that you are concerned about in terms of overloading in 5 favor of law enforcement or other service providers. We 6 need to create a balance, I guess, is what I'm saying. 7 SHERIFF HIERHOLZER: My only thing is, I want 8 to stay away from -- I'm not up here to try and put down the 9 911 Board or their current director or anything else. I'm 10 up here trying to organize a centralized dispatch and a way 11 that we can get moving. And as you see, just in our 12 department alone on that printout, what we get, but it's 13 mainly trying to keep the funds down to where everybody can 14 supplement this and get it under one where we don't increase 15 or create another bureaucracy or create a deal where you end 16 up with one being more biased than this other. And, looking 17 at it for long-term future, you know, that would work, in my 18 opinion or whatever. 19 Chuck and have I spoke about this at length. 20 As Travis stated, I've had the County Attorney look at it 21 and that to see how we can -- or if it is feasible, and I 22 think it is. The communications problem the Sheriff's 23 Office has had with the radio stuff and that is being 24 addressed with Trott doing RFP's that we're getting, and 25 then under this, it would -- we intentionally did not 108 1 include in those RFP's or anything the dispatch equipment 2 itself, as far as what's inside our dispatch office, because 3 hopefully, if this does all combine under the -- the 4 centralized dispatch, then we can all sit down and look at 5 that and try and get grants under one entity, which is what 6 911 is for. 7 COMMISSIONER LETZ: I do like the Sheriff's 8 idea of them appointing an advisory board, as opposed to 9 Commissioners Court. I think it would work much better, you 10 know, in that light. As to the second County appointee, you 11 know, I don't have a real strong feeling either way, whether 12 we go with who we currently have on there, Mr. Ballard, or 13 go with Chief Holloway. I would hope that the advise -- the 14 911 Board would utilize both those individuals, because I 15 think both are good assets and need to be involved in that 16 process. 17 COMMISSIONER WILLIAMS: Is there any reason 18 to believe that the fire department should have authority 19 to -- doesn't one representative to this board come from 20 the -- 21 SHERIFF HIERHOLZER: Volunteer fire 22 departments. 23 COMMISSIONER WILLIAMS: Volunteer? 24 SHERIFF HIERHOLZER: Fire departments. One 25 of your big reasons, I think, the Kerrville Fire 109 1 Department -- Fire Department Chief or somebody with that 2 organization, I feel very strongly that they need to be on 3 that board if we're going to do it this way, because they 4 represent Kerrville Fire Department and E.M.S. that runs all 5 over the county. 6 COMMISSIONER WILLIAMS: Right. 7 SHERIFF HIERHOLZER: I think you have to keep 8 that to keep the bias -- 9 JUDGE HENNEKE: I think what we're seeing in 10 the law is that they have the ability to be on the board, 11 because I think if we look into the definitions, the major 12 service provider is probably Kerrville Fire Department and 13 EMS. 14 COMMISSIONER WILLIAMS: I think so. 15 SHERIFF HIERHOLZER: At that point, do you 16 want to end up giving one person or one member of that board 17 the power to vote and another one not? 18 JUDGE HENNEKE: That's by the law, Sheriff. 19 That's by law. We don't have any choice in that. The law 20 says that the major service provider gets a seat on the 21 board, which is a nonvoting member. 22 SHERIFF HIERHOLZER: Right. 23 JUDGE HENNEKE: We don't have any choice in 24 that issue. 25 SHERIFF HIERHOLZER: I agree with that, but 110 1 I'm just talking about who the actual members are that are 2 appointed by the Commissioners Court and by the City. 3 JUDGE HENNEKE: We have to look out for 4 what's better for us. And I think the voting is not as 5 important as the ability to express concerns about how the 6 service affects the operation of a particular -- whether 7 it's your operation or K.P.D. or volunteer fire departments, 8 it's not voting so much as it is ability to sit in the -- in 9 the discussions and say, wait a minute, you need to 10 understand how this impacts upon my EMS or my department or 11 whomever. 12 SHERIFF HIERHOLZER: That's right. 13 JUDGE HENNEKE: So -- 14 COMMISSIONER LETZ: I think it's also -- in 15 that same light, I mean, it's up to the board -- whether the 16 principal service provider can vote or not vote, you can 17 certainly give a tremendous amount of, you know, value to 18 their opinions. 19 SHERIFF HIERHOLZER: Right. Correct. 20 COMMISSIONER GRIFFIN: By the way, these are 21 open meetings, and if the -- if the Kerrville Fire Chief 22 wants to go to any of them, he can go to them, and any fire 23 chief, anybody can go. 24 COMMISSIONER WILLIAMS: Who is the County 25 Fire Marshal? 111 1 COMMISSIONER GRIFFIN: We don't have one. 2 COMMISSIONER WILLIAMS: Because this says 3 that that appointment process, appointing a member from the 4 volunteer fire departments, coordinating the appointment 5 process is coordinated by the County Fire Marshal. 6 JUDGE HENNEKE: We don't have one. 7 COMMISSIONER WILLIAMS: We don't have one, so 8 there's nobody going to coordinate. 9 COMMISSIONER LETZ: They've managed to always 10 coordinate having one of those positions filled. 11 COMMISSIONER GRIFFIN: One of the strongest 12 organizations we got is -- is the -- sort of the ad hoc 13 association of the volunteer fire department chiefs, who 14 meet regularly. And they do a good job. 15 SHERIFF HIERHOLZER: That's right. 16 JUDGE HENNEKE: At this time, I'm going to 17 suggest we move on to Item Number 23, which is consider and 18 discuss appointing Kerr County representative to 911 Board. 19 And -- 20 COMMISSIONER LETZ: I'll make a motion that 21 Sheriff Hierholzer replace Travis Hall on that board as the 22 County representative. Isn't that right? 23 COMMISSIONER GRIFFIN: Yeah, that's the slot. 24 COMMISSIONER LETZ: That's the slot. 25 COMMISSIONER GRIFFIN: I'll second that. 112 1 JUDGE HENNEKE: Moved by Commissioner Letz, 2 seconded by Commissioner Griffin, that Kerr County Sheriff, 3 Rusty Hierholzer, be appointed to the Kerr County 911 Board 4 to replace Trooper Travis Hall, with our thanks for his 5 service. Any further questions or comments? If not, all in 6 favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Next item 11 for -- 12 COMMISSIONER LETZ: On that, Travis, could 13 you please verify what the principal service provider 14 language is? 15 MR. LUCAS: Oh, yeah, sure. 16 COMMISSIONER LETZ: So we can -- 17 COMMISSIONER WILLIAMS: That would be 18 helpful. 19 JUDGE HENNEKE: Next item is Number 24, which 20 is consider and discuss comments or questions on a draft of 21 Region J Water Plan. I put this on the agenda because I did 22 not know if anyone wanted to have the Court take a position 23 on any of the proposals in the draft Region J Master Plan. 24 Is there anyone who has a concern that they think the Court 25 should take action on for purpose of -- of commenting at the 113 1 public hearing -- public comment hearing tomorrow? 2 COMMISSIONER LETZ: I would make a comment 3 that, you know, written comments just would be -- have to be 4 submitted by tomorrow, so it cannot be done later. If 5 something's going to be done, it needs to be done by 6 tomorrow. 7 COMMISSIONER WILLIAMS: Commissioner, to the 8 extent you can, it obviously would be helpful to know what 9 the process is going to be. 10 COMMISSIONER LETZ: The process tomorrow will 11 be introductory comments by myself, turn it over to our 12 consultant, who would go through the plan quite briefly. 13 Those two segments should take approximately 20 to 30 14 minutes. We'll then solicit comments from the public, 15 either verbal or in writing, and then kind of, I guess, play 16 it by ear after that. If that is a very short period, we'll 17 probably entertain a question-answer, you know, section if 18 people want it. If that is a lengthy section, there will be 19 no communication back from the board. And I will also -- 20 no, this is not going to be a full board meeting for the 21 Region J Board, just a public hearing. So, you know, it 22 will not be the board speaking; it will be, probably, 23 several of the representatives present and the consultant 24 mainly answering questions. But, we're only going to get 25 into that if time permits. That's not the purpose of the 114 1 meeting. The purpose is to receive comments from the 2 public. 3 JUDGE HENNEKE: Anyone have any questions or 4 comments? I've got -- the only concern I have -- and I'm 5 extrapolating a little bit, Jonathan. There's a couple 6 places in the proposal, that's 6.26 and 6.45, which talk 7 about standardizing groundwater supply evaluation 8 methodology; that's 6.45. But more a concern is 6.26, which 9 is establish uniform aquifer-wide rules. I don't have a 10 trouble -- I don't have a problem with aquifer-wide rules, 11 per se. What I have a problem with is what's been quoted 12 out there, and that's the formation of a Trinity Aquifer 13 Authority, similar to what the Edwards Aquifer Authority is, 14 and I would presume the ability to -- to set pumping -- 15 individual pumping requirements and enforce those on a 16 historical basis, and I'm not sure that I'm ready to take 17 that step. 18 COMMISSIONER LETZ: I would agree, and I 19 would think that -- I mean, our board is more inclined on 20 a -- it's a collaborative effort in underground water 21 districts county-wide to handle that. You know, I think the 22 intent of the language is more communication between 23 underground water districts, but that probably can be 24 spelled out more clearly. And, if the Court concurs, you 25 know, language to that effect would ensure that that gets 115 1 addressed. And I agree. I mean, I'm very -- I think our 2 board is very concerned about the possibility of a Trinity 3 Aquifer Authority being established, which we feel would be 4 a detriment to the County and the Trinity. 5 JUDGE HENNEKE: Would it -- I think what we 6 need, then, is probably a motion from the Court that the 7 Court probably, recognizing the need for uniform standards 8 and rules throughout the Trinity Aquifer, is not in favor of 9 a Trinity Aquifer Authority along the model of the Edwards 10 Aquifer Authority. 11 COMMISSIONER GRIFFIN: So moved. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, seconded by Commissioner Williams, that the Court 15 adopt a resolution stating that, while the Court is in favor 16 of uniform standards and rules throughout the Trinity 17 Aquifer, the Court does not favor creation of an 18 aquifer-wide Trinity Aquifer Authority along the model of 19 the Edwards Aquifer Authority. 20 COMMISSIONER LETZ: And that will include the 21 Judge's draft, and sign that -- 22 COMMISSIONER GRIFFIN: Yes. 23 COMMISSIONER LETZ: -- resolution, from an 24 expedience standpoint. 25 COMMISSIONER GRIFFIN: Absolutely. 116 1 COMMISSIONER LETZ: As submitted. 2 JUDGE HENNEKE: Any further questions or 3 comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 COMMISSIONER LETZ: The other point was 9 that -- the other item -- that was the second one you 10 mentioned. 11 JUDGE HENNEKE: Yeah, 6.45 was standardized 12 groundwater evaluation statewide. That -- the real concern 13 I had was the first one about the uniform aquifer -- 14 COMMISSIONER LETZ: The standard -- the 15 standardized one is more -- there are lots of different 16 models and different people are doing them, and it's just a 17 matter of trying to get, I think, the language the same, 18 uniform. It's not -- it's more a Texas Water Development 19 Board and their modeling issue, as opposed to a local issue. 20 COMMISSIONER WILLIAMS: Did anyone notice 21 that the Region L plan was published in the San Antonio 22 Express News supplement yesterday? 23 COMMISSIONER LETZ: I didn't notice it, but 24 -- well, actually, I was aware they were going to publish 25 it. I might note that the Region L budget was the largest, 117 1 probably, in the state. 2 COMMISSIONER WILLIAMS: I understand that. I 3 understand that, but in case you missed it, it was out 4 there. 5 COMMISSIONER LETZ: I know it was. And 6 Region L also had a large allocation for public 7 participation and communication and lobbying. 8 COMMISSIONER WILLIAMS: There was a lot in 9 that that's alarming. 10 COMMISSIONER LETZ: It's very -- Region L is 11 very scary. And, I might add, anyone that wants to go to 12 their -- their public hearing, it will be the 27th at 13 7 o'clock in Laurie Auditorium at Trinity University. And, 14 I recommend -- I mean, it should be -- I don't know what 15 their format's going to be. They didn't give an overview of 16 it, but their plan is very large. It affects half of the 17 state of Texas, it seems. Very -- and it should be alarming 18 to everyone. 19 COMMISSIONER WILLIAMS: Like a giant octopus. 20 JUDGE HENNEKE: Okay. At this time, we'll 21 stand in recess till 1:30, when we're going to take up items 22 relating to the Courthouse Annex renovation. And, it's my 23 intent that if anyone wants to, we will take a tour prior to 24 voting on the acceptance of this space if anyone wants to. 25 Okay? 118 1 COMMISSIONER LETZ: A 1 o'clock tour? 2 JUDGE HENNEKE: No. 3 COMMISSIONER LETZ: After we reconvene, but 4 prior to the -- 5 JUDGE HENNEKE: Right. 6 (Recess from 11:45 a.m. to 1:30 p.m.) 7 - - - - - - - - - - 8 JUDGE HENNEKE: It's 1:30 on Monday 9 afternoon, September 25th. We'll reconvene this special 10 regular session of the Kerr County Commissioners Court. 11 Next item for consideration is Item Number 25, consider 12 and -- does anyone know if Mike Walker's coming? 13 MR. HOLEKAMP: He was told to be here at 1:30 14 on Friday, by -- 15 JUDGE HENNEKE: He was told on Friday to be 16 here at 1:30? Or he was told to be here at 1:30 on Friday? 17 MR. HOLEKAMP: No, today. Friday I was in -- 18 in the meeting when he was instructed to be here at 1:30, 19 today. 20 COMMISSIONER WILLIAMS: Keith Longnecker is 21 on vacation. 22 JUDGE HENNEKE: Well, let's take up Item 23 Number 25, which is consider and discuss contract with IHR 24 for notifier system with panic buttons for $2,000, plus $50 25 for additional panic buttons. Now, my understanding is 119 1 that's additional panic buttons above six. Is that your 2 understanding, Glenn? 3 MR. HOLEKAMP: Yes, sir. 4 JUDGE HENNEKE: So, it's $2,000, two in each 5 of the district courtrooms, plus six additional ones. 6 MR. HOLEKAMP: Four additional. 7 JUDGE HENNEKE: Four additional ones? 8 MR. HOLEKAMP: Yes, sir. I think -- 9 JUDGE HENNEKE: Okay. All right, I just 10 wanted to make sure that was -- 11 MR. HOLEKAMP: I think it's six total, isn't 12 it? That's what I understood. 13 COMMISSIONER LETZ: Other six can be -- or 14 the other four can be located anywhere on the second floor? 15 JUDGE HENNEKE: Anywhere in the courthouse. 16 COMMISSIONER LETZ: Right. 17 MS. SOVIL: We're going to get one. 18 JUDGE HENNEKE: Does anyone have any 19 questions or comments? I mean, it seems to me like -- 20 Rusty? 21 SHERIFF HIERHOLZER: Only comment I have, 22 Your Honor, is when these panic buttons are pushed, where is 23 that going to set the alarm off? 24 COMMISSIONER GRIFFIN: Who panics? 25 SHERIFF HIERHOLZER: A lot of IHR security 120 1 alarms actually go to IHR, and then they make a phone call 2 over, and I think that would just be an unnecessary delay. 3 I don't know if, through the phone company or whatever, it 4 can be hooked up, since this is County property, to go off 5 at the Sheriff's Office where we can dispatch somebody 6 immediately. I don't know how they're going to be hooked 7 up. 8 JUDGE HENNEKE: Glenn do you have any 9 information on that? 10 MR. HOLEKAMP: I heard it discussed, just 11 in -- 12 (Mike Walker entered the courtroom.) 13 MR. HOLEKAMP: He may have the answer. 14 JUDGE HENNEKE: We hope so. It's now 1:35. 15 We're on Agenda Item Number 25. Where will the IHR panic 16 buttons ring? 17 MR. WALKER: I'm a little bit out of the loop 18 on the IHR panic buttons, but the understanding that I have 19 of them is that they are considerably less expensive than 20 the notifier system that was proposed before. And Keith 21 Longnecker had checked with several other sources, and 22 the -- Sound Distributors and some others, and no one seemed 23 to be interested in -- in doing that. I don't know if I 24 exactly answered your question or not, but that was -- 25 COMMISSIONER LETZ: Is there a monthly charge 121 1 in addition to the $2,000? 2 MR. WALKER: I don't know. 3 MR. HOLEKAMP: Where do they ring? 4 JUDGE HENNEKE: It was not presented to me 5 that way. 6 COMMISSIONER GRIFFIN: This is a one-time 7 installation charge? 8 JUDGE HENNEKE: Yes. 9 COMMISSIONER LETZ: Usually, those things 10 where they monitor, if it's hooked up to a phone, it goes 11 usually to a monthly monitoring fee of some sort. 12 MR. WALKER: We are not on -- I checked with 13 Mindy earlier on this, and we're not on any kind of 14 monitoring system with IHR, monthly program of any sort, and 15 so I would have assumed that this was to be the same sort of 16 a thing, where it could -- it was to dial in. And that was 17 what we originally were getting from these people, is that 18 there would be a system where it would dial into the 19 Sheriff's Office and wherever else you wanted it to ring. 20 And then Mr. Longnecker sort of took this over, and 21 that's -- this is what he came up with as a -- as an 22 inexpensive alternative to the other systems. 23 COMMISSIONER GRIFFIN: This actually saves us 24 money doing this? 25 MR. WALKER: Yes. Yeah, I think the -- one 122 1 of the systems that -- the early system that was picked out 2 was getting to be, like, $15,000 or something. 3 COMMISSIONER GRIFFIN: So this was the reason 4 for the separate contract? 5 COMMISSIONER WILLIAMS: But the Sheriff 6 raised the question on where does it ring. 7 COMMISSIONER GRIFFIN: That's a question -- I 8 don't think we can answer that here today for sure, 'cause 9 we don't know, but I think we could conditionally approve 10 doing this if it can be made to ring in the Sheriff's 11 Department. If it doesn't, then we should have it brought 12 back to us. 13 SHERIFF HIERHOLZER: If it would ring at the 14 Sheriff's Department and tell us which one of those panic 15 alarms it is. 16 COMMISSIONER GRIFFIN: Should be all of them. 17 SHERIFF HIERHOLZER: Well, but if -- say Thea 18 presses one down here, okay? When it rings at the Sheriff's 19 Office, I would hope there's a way that it would tell us it 20 is the one at Commissioners Court going off, not just a 21 panic alarm at the courthouse. 22 COMMISSIONER GRIFFIN: I would think so. 23 SHERIFF HIERHOLZER: I'd like to know where 24 we need to send people immediately. 25 MS. SOVIL: We used to have a system just 123 1 like that hooked into the Sheriff's Office. 2 SHERIFF HIERHOLZER: Yeah, but it was just 3 down here, so it was more of an intercom where it would tell 4 us. But, we need something like that. 5 MR. HOLEKAMP: The real hitch seemed to be 6 the -- in my involvement with it, limited involvement with 7 it, was where it got into dialing. As long as it was within 8 your system inside the building, the telephone company was 9 interested in it, but once it -- for some reason, once it 10 started dialing, they backed off of it. So, there were any 11 number of entities approached to -- to try to get this done, 12 but this is the one Keith came up with. 13 COMMISSIONER GRIFFIN: I tell you, would it 14 be appropriate for me to make -- to make a motion that, on 15 the condition that the panic button ring and be created such 16 that it rings in the Sheriff's Department, and that it can 17 discriminate between which panic button it is when it gets 18 there, we go ahead and approve this to try to keep from 19 having to store it down -- 20 JUDGE HENNEKE: I would think -- it's my 21 understanding now is the time they need to do it upstairs. 22 COMMISSIONER GRIFFIN: And then, if it's not 23 under those conditions, that we'll just have to revisit it. 24 COMMISSIONER LETZ: And if there's no monthly 25 service fee. 124 1 COMMISSIONER GRIFFIN: Yes, and we understand 2 this is a one-time buy, and that it ring in the Sheriff's 3 Department and it will tell the Sheriff's Department which 4 panic button has been pressed. 5 JUDGE HENNEKE: Okay. 6 COMMISSIONER GRIFFIN: I so move. 7 JUDGE HENNEKE: All right. Moved by 8 Commissioner Griffin that we approve the purchase of the 9 security system, with the proviso that if there's any 10 monthly charge or if it does not -- it cannot be configured 11 to ring at the Sheriff's Department, then it will be brought 12 back for further consideration before it's -- the funds are 13 expended. It's my understanding that the cost of this also 14 comes from the District Court Security Fund. 15 COMMISSIONER LETZ: Second. 16 JUDGE HENNEKE: Courthouse Security Fund. 17 Second by Commissioner Letz. Before we vote, do we need to 18 think about how many locations we need to have? Because six 19 from -- two courtrooms plus six -- 20 MS. SOVIL: Plus four. 21 JUDGE HENNEKE: It says six here. It doesn't 22 cover everybody in the courthouse. Do we want to add 23 another -- enough buttons to cover -- we have seven offices 24 on the main floor here. So, we either leave somebody out, 25 or we buy buttons for $50. 125 1 COMMISSIONER LETZ: I don't see that, I mean, 2 every office needs a button. 3 JUDGE HENNEKE: Well, I don't either, but if 4 we want to make that decision -- I'm not sure that the 5 Treasurer's office needs one. I'm not sure that the 6 Auditor's office needs one. 7 COMMISSIONER WILLIAMS: Or the J.P.'s 8 offices. 9 JUDGE HENNEKE: A lot of people filter in and 10 out of J.P. 1, because that's the first office they come to. 11 COMMISSIONER GRIFFIN: Tax Assessor certainly 12 needs one. 13 JUDGE HENNEKE: Any office that deals with 14 the public on a regular basis. The County Clerk's office. 15 COMMISSIONER GRIFFIN: County Clerk's office. 16 JUDGE HENNEKE: District Clerk, the Tax 17 Assessor's, County Court at Law, our offices here, and 18 probably J.P.'s offices. So, it's the consensus we just 19 leave it at six, and if we need to, we can revisit this? 20 (Discussion off the record.) 21 SHERIFF HIERHOLZER: Upstairs, they're saying 22 one for each courtroom. And are they going to have one at, 23 like, their reception area or something like that up there? 24 'Cause if you just put them in the courtroom and it's not in 25 the court -- 126 1 JUDGE HENNEKE: One for each courtroom, plus 2 the secretary office. 3 SHERIFF HIERHOLZER: Oh. 4 COMMISSIONER LETZ: That's the bailiff's -- 5 isn't that secretary office for the bailiff also? Isn't it 6 that -- 7 MS. UECKER: Yeah. 8 COMMISSIONER LETZ: It's that office. 9 SHERIFF HIERHOLZER: So, that would be three 10 up there. 11 JUDGE HENNEKE: And then six additional ones. 12 SHERIFF HIERHOLZER: Three additional. I 13 think it's six total. 14 JUDGE HENNEKE: No, it says panic alarm 15 system to the two new courtrooms, plus six additional 16 locations. So -- 17 COMMISSIONER LETZ: County Court, 18 Commissioners Court, Tax Assessor, District Clerk, and 19 County Clerk; that's five additional. 20 JUDGE HENNEKE: And J.P. 1. 21 COMMISSIONER LETZ: So, one additional one. 22 JUDGE HENNEKE: No, that's six. 23 COMMISSIONER GRIFFIN: That is the sixth. 24 COMMISSIONER WILLIAMS: But you're going to 25 use three upstairs. 127 1 JUDGE HENNEKE: No, it's taken care of. The 2 courtrooms plus six. 3 COMMISSIONER LETZ: But the secretary is one. 4 JUDGE HENNEKE: No, that's not the way I 5 understand it. Because the proposal here is panic buttons, 6 Courtroom 1, Courtroom 2, and Judges' secretary office, and 7 that's the unit price, and then there's another price for 8 additional buttons. My understanding is that the additional 9 price is for six additional buttons. 10 COMMISSIONER WILLIAMS: Okay. 11 COMMISSIONER LETZ: All right. 12 JUDGE HENNEKE: Okay? Is that clear as mud 13 now? 14 MR. WALKER: Absolutely. 15 JUDGE HENNEKE: Motion's been made and 16 seconded that we approve the proposal from IHR, upon the 17 assumption that, one, there's no monthly fee, and two, that 18 the system can be made to ring at the Sheriff's Department. 19 Any further questions or comments? If not, all in favor 20 raise your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. Next item is 25 Item Number 26, consider and discuss a contract with Sound 128 1 Distributors for two additional microphones requested by the 2 District Judges for $729. 3 MR. WALKER: My understanding from Keith 4 Longnecker is that this is something that the Judges had 5 asked for. And Linda's here, Linda Uecker. If you have any 6 questions, she might know more about this. But, they needed 7 two additional microphones separate than the system that was 8 approved earlier. Something the District Judges asked for. 9 COMMISSIONER WILLIAMS: Permanently located 10 mikes, or portable? 11 MR. WALKER: These are -- you see the picture 12 of them? There's one in your -- 13 COMMISSIONER WILLIAMS: I don't see any 14 picture. 15 MR. WALKER: Looks like that. (Indicating) 16 They're mounted. 17 COMMISSIONER WILLIAMS: It would be mounted? 18 MR. WALKER: Uh-huh. 19 COMMISSIONER LETZ: Do you know where they're 20 going to be mounted? 21 JUDGE HENNEKE: It will be on the shelf in 22 front of the bench. 23 MR. WALKER: On the shelf in front of the 24 bench. 25 COMMISSIONER LETZ: The Judge's mike? 129 1 MR. WALKER: Uh-huh. 2 COMMISSIONER LETZ: Was there a mike set up 3 for the Judge on the other plans? 4 MR. WALKER: Yes. 5 SHERIFF HIERHOLZER: They're talking about 6 the shelf in the front bench. What they're talking about is 7 when they do the plea bargains and the defendant or whoever 8 walks up to the bench, he has a mike. The Judge has a mike 9 on the other side. 10 COMMISSIONER LETZ: Oh, I see. I always 11 thought those were kept quiet, those conversations. 12 MR. WALKER: Sidebars. 13 MS. SOVIL: Not plea bargains. 14 COMMISSIONER GRIFFIN: No, plea bargains are 15 on the record. 16 JUDGE HENNEKE: Where are the funds for these 17 mikes to come from? Where are the funds to come from? 18 MS. UECKER: Some large bank in the sky, 19 maybe. I don't know. 20 MR. WALKER: No idea. 21 MS. UECKER: I don't know, Judge. 22 JUDGE HENNEKE: I don't either, you know? 23 (Discussion off the record.) 24 COMMISSIONER LETZ: Will this come out of 25 this year's budget or next year's? 130 1 COMMISSIONER GRIFFIN: Probably this year. 2 COMMISSIONER LETZ: This year? 3 COMMISSIONER GRIFFIN: I would assume this is 4 going to be bought right away? 5 MR. WALKER: Yes, it will be installed with 6 the -- when the Sound Distributors finishes testing the 7 equipment up there, it will be installed at that time. 8 COMMISSIONER GRIFFIN: We would be billed in 9 this fiscal year or next? 10 MR. WALKER: This. Right away. I would say 11 within the month. 12 COMMISSIONER LETZ: Bill, want to give up 13 your computer? 14 COMMISSIONER WILLIAMS: No. Give up some of 15 your park funds. 16 COMMISSIONER LETZ: What's left in -- you 17 know, without the Auditor here, I'd say Contingency. Is 18 there anything left in that, or have we used that? 19 JUDGE HENNEKE: Well, there was today. Go 20 back to the budget amendments today, see what was left. 21 (Discussion off the record.) 22 COMMISSIONER LETZ: The Nondepartmental 23 Contingency should have about $900. 24 COMMISSIONER WILLIAMS: There's a couple 25 other places where some software money -- 131 1 (Discussion off the record.) 2 JUDGE HENNEKE: Well that $980 was before we 3 took $266 out -- no, that's on lease copier. 4 COMMISSIONER LETZ: Where's the -- 5 COMMISSIONER GRIFFIN: It's Number 1. 6 COMMISSIONER LETZ: Didn't the -- where'd the 7 computer come out of? Didn't it come out of Capital Outlay? 8 JUDGE HENNEKE: It came out of Copier. 9 COMMISSIONER LETZ: So, there should be -- 10 COMMISSIONER GRIFFIN: Lease Copier, right 11 there. 12 COMMISSIONER WILLIAMS: Lease Copier. 13 JUDGE HENNEKE: No, that was the computer. 14 COMMISSIONER LETZ: Right, but the 15 Contingency, we only took it out under Budget Amendment 1; 16 we took out $292. 17 JUDGE HENNEKE: So there should be about 18 $1,100 left. 19 COMMISSIONER LETZ: Right, which would cover 20 the $729. 21 COMMISSIONER WILLIAMS: There's enough to 22 cover -- 23 COMMISSIONER LETZ: Under Nondepartmental 24 Contingency. I mean, I would move we do that. I mean, I 25 think it's something that they're going to need, and if 132 1 we're going to do it in this year or next year, we might as 2 well get it done now; it will cost more to do it later. 3 That is the type of thing, I presume, that, you know, we 4 need a microphone at that location. 5 COMMISSIONER WILLIAMS: Particularly if the 6 subcontractor's on-site. 7 COMMISSIONER LETZ: I mean, I would -- you 8 know, the need of it, I'm just going on what was presented. 9 I have no idea if it's needed or not, to be honest. 10 JUDGE HENNEKE: Was that a motion? 11 COMMISSIONER LETZ: Yes. 12 COMMISSIONER GRIFFIN: Second. 13 COMMISSIONER WILLIAMS: I'll second. 14 JUDGE HENNEKE: Moved by Commissioner Letz, 15 seconded by Commissioner Griffin, that we purchase two 16 additional microphones, one each for Courtroom Number 1 and 17 Courtroom Number 2 in the Annex, at a total cost of $729, 18 per the proposal from Sound Distributors, Inc., and that the 19 money come from Nondepartmental Contingency. Any further 20 questions or comments? If not, all in favor, raise your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Next item is 133 1 consider and discuss adopting Change Order Number 5, total 2 amount of two thousand -- no, $1,896. 3 MR. WALKER: That's correct. 4 JUDGE HENNEKE: Anybody have any questions or 5 comments about the change order? 6 COMMISSIONER LETZ: The sump pump is for the 7 old elevator shaft? 8 MR. WALKER: New elevator shaft. 9 COMMISSIONER LETZ: New elevator shaft. 10 MR. WALKER: Right. The old elevator shaft 11 is built under the old requirements that don't require sump 12 pumps. And, without -- since we're not totally redoing it, 13 hopefully there's to be -- it will be allowed to slide under 14 the old requirements. 15 COMMISSIONER LETZ: Can you explain exactly 16 what Item A is? 17 MR. WALKER: Item A, the large sections of 18 glass that are up on the passageway through the -- what we 19 call the bridge between the two second floors, are designed 20 to be as transparent and open as they can be, and that's why 21 the glass was used. The glass that is there, actually, in 22 the larger pane, which is like 5 1/2 feet wide, is safe by 23 all codes and all guidelines and all charts and everything 24 else. It is disconcerting to walk by there and hit on that 25 glass, because it will move. It's not coming out; it fits 134 1 every code and everything else, but it is admittedly 2 somewhat uncomfortable. And, because it is like that, we're 3 just going to put a horizontal bar across inside and 4 outside, which will stabilize that glass and not allow it to 5 move so much. But, because it would look sort of strange 6 not to do it in all three, they're adding it to -- going 7 ahead and adding it to all three for that amount of money. 8 And it seemed like a -- an appropriate thing to do. It 9 is -- it's more psychological than it is anything else, 10 because it -- by any and all guidelines, it's not coming out 11 of there. It just doesn't feel very good. 12 COMMISSIONER LETZ: So, if I -- 13 MR. WALKER: People will be leaning up 14 against it, just standing there in the hallway, so -- if it 15 wasn't where anybody could get to it, it wouldn't be an 16 issue. 17 COMMISSIONER LETZ: The sump pump was just 18 left out of the specifications? 19 MR. WALKER: No, the sump pump was one of the 20 things that came back in the March the 12th reissue of the 21 drawings. There were a number of elevator issues that came 22 out, and it was either there or at the -- I'm talking about 23 in 1999. And on May 5th, there was a subsequent drawing 24 issued in which we picked that up, because the elevator guys 25 decided they had to have that. The -- the problem with it 135 1 is in -- and the way it's coming up now is that we put that 2 stuff on the drawings, and this is a matter of -- somewhat, 3 of communications with the Stoddards and the way they 4 operate. They did not say anything about it until now. 5 It's been on the drawings for all this period of time. When 6 we issued those drawings, we gave specific instructions with 7 the drawings that said, here's these revisions. Come back 8 with -- you know, look at that and see if it impacts your 9 contract amount. Well, they didn't do that, and so now we 10 are facing it at this late hour, which I suppose we could -- 11 we could bow our backs and say, you know, you're not going 12 to do it 'cause you didn't -- you didn't pick it up in the 13 first place. But his position is -- and he has stated it 14 loudly and very clearly in the last few months -- is that if 15 we didn't give you a price on it, that means it wasn't 16 priced. And, so, we've argued till we're blue in the face 17 that, well, we gave you this and you should have responded, 18 and they did not, but now they're saying if you want the 19 pump, you essentially need to pay for it. 20 COMMISSIONER WILLIAMS: So, where are we 21 paying for it from? 22 JUDGE HENNEKE: It comes out of the funds 23 that are allocated for the renovation project. 24 COMMISSIONER GRIFFIN: Well, we're probably 25 not going to get by without the pump, and we -- 136 1 MR. WALKER: The inspector passed it. 2 COMMISSIONER GRIFFIN: The glass up there, 3 that can be very disconcerting. I'll move that we approve 4 these and be done with it. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE HENNEKE: Moved by Commissioner 7 Griffin, seconded by Commissioner Williams, that the 8 Commissioners Court approve Change Order Number 5 in the 9 total amount of $1,896. Any further questions or comments? 10 If not, all in favor, 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 carried. Next item is 15 Item Number 28, which is consider and discuss partial 16 acceptance of Phase 3-A, the Annex renovation project, being 17 the two courtrooms and related space. You all have the -- 18 the Certificate of Substantial Completion, along with the 19 completion and corrections list. Mr. Walker, I notice that 20 Stoddard hasn't signed off on this Certificate of 21 Substantial Completion. What is their position on this? 22 MR. WALKER: That was sent to him on -- on 23 Friday; he should have received it today. And, it -- he 24 said it would get back up here today, but I haven't seen it 25 yet. But, I did fax it down to him and he did not come back 137 1 with any objections to it. 2 JUDGE HENNEKE: Do we have the temporary 3 Certificate of Occupancy on this space we're talking about? 4 MR. WALKER: Yes, we do. I may have a copy 5 of it. 6 JUDGE HENNEKE: Do we have the necessary 7 certificates on the elevator? 8 MR. WALKER: They gave them the provisional, 9 with the -- the sump pump missing. They give -- they did 10 give them the provisional on it. I think I've inspected it, 11 Mr. Holekamp's inspected it. Everyone is -- has passed off 12 on it, the fire marshal. The fire alarm system supposedly 13 is totally hooked in, and they've passed on it, the fire 14 marshal's department. 15 JUDGE HENNEKE: Okay. 16 COMMISSIONER LETZ: Just some minor things in 17 your letter, Mike. 18 MR. WALKER: Yes? 19 COMMISSIONER LETZ: Have those all been taken 20 care of? Item 43, clean all blinds and -- 21 MR. WALKER: Okay, the items attached to this 22 list are the things that he still must do. You're asked to 23 approve substantial completion based -- 24 COMMISSIONER LETZ: With those exceptions? 25 MR. WALKER: With these exceptions. 138 1 COMMISSIONER WILLIAMS: This is a preliminary 2 final, which means there will be a final-final, in other 3 words? 4 MR. WALKER: Well, yeah, we still have -- 5 since it's phased, we can't really say this is the final- 6 final, but we will go back through and make sure that all 7 these things are done. And, of course, we still have the 8 rest of the building to finish. 9 JUDGE HENNEKE: There are a number of items 10 which are indicated "N.R.C.," which your explanation is Not 11 Recommended to Correct? 12 MR. WALKER: Yes. 13 JUDGE HENNEKE: Are we going to get a credit 14 for those, or what happens to those? 15 MR. WALKER: That would be my recommendation, 16 is strongly press for some credits on those. Both Keith 17 Longnecker and myself have met on each one of those and 18 decided that some of them are -- would either be made worse 19 by what they would try to do to rectify it, or else are just 20 not possible physically to do. And, in that instance, I 21 think you certainly have some credit coming. We will have 22 to sort of niff-nall through those numbers and decide what 23 that is, but they -- you paid for it to be done that way, 24 and it was not done. And, certainly, you've paid every time 25 you had to add something. 139 1 COMMISSIONER WILLIAMS: How is that amount 2 determined on each of these items? 3 MR. WALKER: He will propose an amount and we 4 will decide if that's correct or not, as we have done on all 5 the additional charges he has made. 6 COMMISSIONER GRIFFIN: What type of motion do 7 we need here, Judge? Do we authorize you to sign the 8 acceptance pending Stoddard's signature? Or -- 9 JUDGE HENNEKE: No, we authorize me to sign 10 the Certificate of Substantial Completion upon receipt of 11 it -- of Stoddard's signature. 12 COMMISSIONER GRIFFIN: Yeah. 13 JUDGE HENNEKE: Let's make sure no one has 14 any question before we move that up. Number 228, Visiting 15 Judge, you have an "N.R.C." behind "crooked east wall caused 16 unacceptable problems with ceiling tile grid." 17 MR. WALKER: Yes, sir. It's almost something 18 I need to show you, but there is a -- there is a wall that 19 they did not put in straight. There's a grid running almost 20 parallel to it, and it just has this obvious flaw to the -- 21 you know, where the grid and the ceiling can -- can just 22 never come together. It's an option of they tear out the 23 wall and put it back in, or you accept it with that flaw. 24 Just -- they just didn't get the wall straight. 25 COMMISSIONER LETZ: Mike, I'm sure we're all 140 1 nervous about accepting this, because the last time we 2 accepted a big building, the problems that developed. 3 Whether or not -- what are the problems if we hold off on 4 this until we figure out the credit we're going to get on 5 all these items? I mean, you know, we pretty much lose our 6 negotiating position once we accept it and just say we're 7 going to -- especially with the history we've had with 8 Mr. Stoddard on giving us credits. 9 MR. WALKER: Well, certainly, I understand 10 your position, I think. The situation is one that -- that 11 little chicken-egg problem here. They need to move the 12 courts over so that they can start the remodel over here, 13 and since the project was distinctly phased in order that 14 that could happen, there again is a partial acceptance. 15 What you're accepting, with -- with these exceptions, is 16 that you can use those premises for the purposes for which 17 it was intended. Theoretically, if you can sort of divide 18 the project up, you still have paid them 90 percent of their 19 money, and you're still holding 10 percent of their money, 20 so it's not as if you have done final acceptance and given 21 them the last of their retainage. So, I think in terms of 22 leverage, you certainly still have that. 23 What this is, this primarily is a signal flag 24 to start two things to happen. One is for to you occupy -- 25 or partially occupy that portion. The other is for the 141 1 warranty meter to start. So, your warranty starts on that 2 portion of the project at -- whenever this is signed by the 3 Judge. So, the -- those are the -- those are the two main 4 things that are going to go on. In terms of things that we 5 find wrong at this point, instead of them being on a punch 6 list, they come up under the warranty heading, and then they 7 have to go back and still repair all that stuff for a year's 8 time, irrespective of what they're doing on the outside of 9 the building over here in the old courthouse. 10 So, I -- yes, you have accepted it. You have 11 said, yeah, we're ready; it's usable. With these minor 12 exceptions, it's good to go. This is sort of a long punch 13 list. For a -- you know, that size of project, that was 14 not -- it's not totally out of the realm of reason. There 15 are a lot of things on there that I will tell you that are 16 sort of frustrating; they've kept coming up over and over 17 again. And, again, they need to be fixed in some sort of 18 reasonable manner. But, the problem gets to be, if you're 19 moving people in over there, we have just -- we have to draw 20 the line on who's damaging what now. There's already been 21 some minor damages, just people moving furniture, just 22 things that are just normally expected, and so that's why 23 this had to be documented. Because if it comes up later, 24 well, we did this, we have to be able to say, you know, "It 25 was the owner," or "It was the contractor." 142 1 COMMISSIONER LETZ: Sheriff, on the part of 2 the Annex, that's kind of your responsibility with prisoners 3 and all that. Are you comfortable? 4 SHERIFF HIERHOLZER: That has not been 5 accepted or approved or inspected by the Jail Commission 6 yet, and I have no idea if they're going to want to approve 7 it the way it is, or if they want to require changes. So, 8 until that point comes, there's no way we can use it or put 9 any kind of inmates in those holding cells. 10 COMMISSIONER GRIFFIN: What does it take to 11 get them to come inspect it? What do they have to do? 12 SHERIFF HIERHOLZER: Go ahead. 13 MR. WALKER: I sent off the drawings and 14 everything to them. We just haven't heard back. They 15 indicated that they weren't coming here until the end of 16 October, but we sent that to them, and they later indicated 17 that they would be down here sooner. I have not heard from 18 them. 19 SHERIFF HIERHOLZER: What they have told us 20 is our yearly jail inspection is going to be anytime during 21 the month of October. And, what they told our Jail 22 Administrator, 'cause they talked to one of them the other 23 day, is that it would probably be during that time before 24 they could ever even think about coming up here and looking 25 at this, but it may be towards the end of October. A lot of 143 1 other things on their plate right now, and it's not going to 2 be within the next week or two, it's my understanding. 3 They're not telling us exactly when they're going to be 4 here, 'cause they don't want us to know the exact date of 5 the jail inspection, so they just -- 6 COMMISSIONER WILLIAMS: What would happen if 7 we went ahead with this and then subsequently found out from 8 the Jail Commission standards we have a problem? What would 9 that do? 10 MR. WALKER: Well, if it were something -- 11 well, let's take these -- this business about, like, the 12 speaker box in the attorney visitor booth. That's not 13 complete. The -- that has been on our to-do list for 14 months. That's something that, obviously, they're not going 15 to accept. If it were possible to use that space, which it 16 may not be at all, I mean, you can always lock that door and 17 there's no attorney visiting. But, you know, there's also 18 the toilet stall in there, which has been on our list for 19 months for them to do. 20 SHERIFF HIERHOLZER: Then there's another -- 21 in the women's holding cell area, there's a door that does 22 not lock or anything, but it closes to separate off the kind 23 of restroom portion of that from the holding area. And I 24 don't know what their opinion is going to be about that, 25 'cause if that door is shut, you can't see from outside when 144 1 you're looking into that deal. I don't know if they're 2 going to require that to be changed or not. There was some 3 talk about emergency access to these doors, whether they 4 have to be hooked up to the fire alarm system or whether 5 they automatically open after a period of time, which I'm 6 against, and I wouldn't think the Jail Commission would be 7 for it. I don't -- there's just a lot of unanswered 8 questions. The benches that are in there I don't think 9 there would be a problem with, but they do have more of 10 pointed corners around them that -- these benches and 11 things, and I just have no idea what the Jail Commission's 12 going to say or how they're going to react to some of these 13 things in there. And, until it's approved by them, we can 14 not legally put any inmates or prisoners in there. 15 JUDGE HENNEKE: I'm not sure that any changes 16 the Jail Commission would require would be covered under the 17 Stoddard contract without a change order, anyway. 18 MR. WALKER: I think you're correct about 19 that. 20 JUDGE HENNEKE: 'Cause we're assuming they've 21 built those holding cells according to the plans and 22 specifications that have been presented to them. 23 SHERIFF HIERHOLZER: That's an assumption. 24 JUDGE HENNEKE: If what the Jail Commission 25 requires is above and beyond what was under the Stoddard 145 1 contract, there'd have to be a change order to the Stoddard 2 contract or we would have to find other contractor to make 3 those changes. So, the Jail Commission has an impact upon 4 your ability to use those holding cells for prisoners, but 5 I'm not sure it has an impact upon our acceptance of the 6 space. And, assuming we accept the space, what are you 7 going to do prior to the Jail Commission coming in, as far 8 as prisoners are concerned? 9 SHERIFF HIERHOLZER: Well, they may have a 10 trial coming up, but I just can't use it. If y'all accept 11 the space, you know, today, I still cannot use those holding 12 cells until the Jail Commission says -- gives their 13 approval, and that's probably what you're getting at. Now, 14 whether Stoddard has followed the specifications of all the 15 change orders would be up to Mr. Walker to say whether they 16 are or are not built to the specifications that were in the 17 plans. 18 JUDGE HENNEKE: If they -- if they have 19 pretrials up there before the Jail Commission comes, you're 20 just going to do like you're doing now, which is have 21 deputies accompany them in the courtroom, or -- 22 SHERIFF HIERHOLZER: We don't have a choice. 23 That's all I can do. We have to act as if those holding 24 cells don't even exist. Only thing that we would have to do 25 is, without using the holding cells to hold inmates during 146 1 pretrials and that, we may be having to walk them in and out 2 of there to use the restroom facility, but we're going to -- 3 JUDGE HENNEKE: You could use them as if it 4 was just a regular room, but you couldn't use them as a 5 holding cell. 6 SHERIFF HIERHOLZER: That's correct. 7 JUDGE HENNEKE: Putting them in there and 8 taking the position they were secure. 9 SHERIFF HIERHOLZER: That's correct. 10 JUDGE HENNEKE: What about this capital 11 murder trial that's coming up? 12 SHERIFF HIERHOLZER: That's going to be a 13 good question. 14 JUDGE HENNEKE: Just have to deal with it as 15 if it was this courtroom up here if the Jail Commission 16 hasn't acted, which means that anytime there's a break, 17 you'll have to send a deputy with -- with the -- 18 SHERIFF HIERHOLZER: Right. An actual jury 19 trial is not really our problem. We can deal with that on a 20 one-on-one, you know, type basis. Now, this capital murder 21 trial's got some kinks in it where I would love to be able 22 to use that holding cell. But, where our problem -- where 23 the holding cell advantages really come is on our pretrial 24 days and days when we end up having -- you know, needing to 25 have 15 or 25 inmates over here. That's where the holding 147 1 cells are -- are really needed. And we just have to deal 2 with them like we've been dealing all this time. 3 JUDGE HENNEKE: But, again -- 4 MS. UECKER: I do know that this Monday's 5 pretrials are still scheduled out at the Law Enforcement 6 Center for the 198th, and I think that's probably one of the 7 reasons. 8 SHERIFF HIERHOLZER: The 216th do their 9 normal one here; they're normally the ones that are over 20 10 inmates. We just have to act like we're doing right now, 11 Judge. We just -- 12 JUDGE HENNEKE: Again, we're not sure that -- 13 that the Jail Commission inspection has any bearing upon the 14 substantial completion issue, because the two are really 15 distinct. 16 SHERIFF HIERHOLZER: As long as your 17 architect says Stoddard followed everything in that, I guess 18 it would. 19 MR. WALKER: I'm saying they are responsible 20 for what's left here to do. 21 COMMISSIONER GRIFFIN: What's on the list. 22 JUDGE HENNEKE: I'm not sure I saw the 23 holding cell issue on the punch list, myself. 24 SHERIFF HIERHOLZER: But, was -- in the 25 original contract with Stoddard and that, was there anything 148 1 in that contract that said that it would be built with the 2 provisions of the Jail Standards? You know, that it had to 3 meet the specs of the Jail Standards? 4 MR. WALKER: I think the answer to that is -- 5 is probably not. I have to go back and double-check, but I 6 don't believe it was anything specific that was put in. 7 There was some question when we were doing it as to whether 8 or not it even fell under Jail Standards, and we were told 9 very late in the game -- I have to go back and look at exact 10 time, but far after it was underway that, yeah, it does have 11 to be an issue. But, that was somewhat unclear at the time 12 as to whether or not it did or not. That went back and 13 involved your predecessor. 14 SHERIFF HIERHOLZER: That would only be if 15 that was written in the original contract to do. If it was 16 written there that it would be built to Jail Standards, then 17 it could have an effect. 18 COMMISSIONER GRIFFIN: What's next? 19 JUDGE HENNEKE: What's our pleasure? Do we 20 want to authorize the execution of the Certificate of 21 Substantial Completion, subject to the punch list and 22 subject to Stoddard's signature, or do we want to hold off? 23 The problem if we hold off is -- 24 COMMISSIONER GRIFFIN: We need to get -- 25 JUDGE HENNEKE: -- we've got people who want 149 1 to move in, and who need to move in. 2 COMMISSIONER GRIFFIN: I think we can go 3 ahead and make the -- make the acceptance of the substantial 4 completion, with the punch list and with the understanding 5 we still got some hammer on them because of the 10 percent 6 funding that we'll still withhold, and that we'll just have 7 to wait see what happens on the Jail Commission. It's going 8 to have to happen, and -- but that's not part of substantial 9 completion. Substantial completion is a contract issue with 10 Stoddard. If he's done what he's supposed to do, according 11 to the drawings, then there's no reason not to go ahead and, 12 I don't think, accept it. Make sure everything we got is on 13 the -- that needs to be on the punch list is on the punch 14 list, and that's all we can do. 15 MR. WALKER: For your consideration, if we -- 16 if we -- if you should not approve this today, we need to do 17 something about the moving in that's already going -- taking 18 place as we speak, because people are -- they've got their 19 little offices furnished over there. They aren't putting 20 nail holes in the wall yet, but they do have the furniture 21 over there. 22 COMMISSIONER LETZ: As I understand, they're 23 not occupying those offices. 24 MR. WALKER: That's right, they're just 25 storing right now, which is really all they could do until 150 1 we had this temporary C of O attachment issue. 2 COMMISSIONER GRIFFIN: I don't know what 3 we're going to buy, legally speaking, contractually 4 speaking, by putting the substantial completion acceptance 5 off. By putting it off, I don't know what we'd gain. 6 JUDGE HENNEKE: Only question I have is the 7 one that the Sheriff raised as to whether the holding cells 8 were to be prepared in accordance with the standards of the 9 Jail Commission. I doubt that was the case, but I don't 10 know that for a fact. 11 COMMISSIONER GRIFFIN: How about a motion 12 that says we -- pending answers to that question, you just 13 don't sign? You've got to wait for Stoddard's signature 14 anyway. We'll ask that question about if -- whether it was 15 done to Jail Standards or not, and that we want that answer 16 before you sign it. 17 COMMISSIONER LETZ: Problem -- 18 COMMISSIONER GRIFFIN: There's a big 19 disconnect there. 20 MS. SOVIL: You can recess till tomorrow. 21 COMMISSIONER LETZ: But inspect it, 22 probably -- I mean, you can get a quick answer, from what 23 I'm hearing. The -- if Jail Standards is going to come down 24 anyway, you're not going to get an answer. 25 JUDGE HENNEKE: The question is a contractual 151 1 question, whether the contract called for the holding cells 2 to be constructed in accordance -- 3 COMMISSIONER GRIFFIN: That we don't have an 4 immediate answer. 5 MR. WALKER: I don't think so, but I'll go 6 back and check. 7 COMMISSIONER GRIFFIN: We need to get an 8 answer to that, but that's a contractual thing, not a Jail 9 Standards question. This just wasn't in the contract, we 10 think. Mike thinks not. But, if it -- 11 MR. WALKER: Well, you notice that I put that 12 in several places in here. Now, it has -- it's still 13 subject to T.J.C. I can put that in there all I want to, 14 but if it doesn't say that in the contract, he's just going 15 to laugh at me. 16 COMMISSIONER GRIFFIN: That's the reason -- 17 that's the point the Judge was making. Those issues are 18 really separate issues. If he's done what he said he's 19 supposed to do, there's nothing that says we can't do the 20 substantial completion. 21 COMMISSIONER WILLIAMS: Have an architect 22 certify that he has done what the plans say he's done. 23 COMMISSIONER GRIFFIN: That's why he's now 24 saying -- you know, I'm saying that's the only question we 25 haven't answered -- he hasn't been able to answer off the 152 1 top of his head; that is, whether or not it was done to Jail 2 Standards in the contract. 3 MR. WALKER: I don't -- I would be totally 4 surprised if it is. And I don't know every word that's in 5 the contract, but I am pretty familiar with it, and I don't 6 think that's in there. 7 COMMISSIONER WILLIAMS: Did the Commission on 8 Jail Standards sign off on the plans and specifications to 9 begin with? 10 MR. WALKER: No, because at the time there 11 was some question as to whether they even -- since they 12 never spend a night in there, there was some question as to 13 whether they even had any desire to -- or have any reason to 14 have jurisdiction. 15 COMMISSIONER WILLIAMS: Throws a little 16 different light on it there. Creates more unknown. 17 COMMISSIONER LETZ: Mike, by looking over the 18 list, I mean, they're almost all clean-up, is the way I 19 refer to them. 20 MR. WALKER: Right. 21 COMMISSIONER LETZ: But since there are a 22 number of them, is there anything other than a clean-up type 23 issue on here? Or, like, a -- you know, a screw missing or 24 something that needs to be tightened or, you know, some 25 texture not right? I mean, that are -- 153 1 MR. WALKER: Well, other than those, what I 2 call the -- the not recommended corrections for you to 3 consider, no, everything is pretty much just -- I hate to 4 say housekeeping, but it's pretty well touch-up type of 5 things. And the other issues, as I pointed out, are 6 probably not resolvable. And, from a construction 7 standpoint, we should just go ahead and -- and barter with 8 him about credits. 9 COMMISSIONER LETZ: That's the ceiling tiles. 10 The -- 11 MR. WALKER: The ceiling business, the top 12 rails in the courtroom -- 13 COMMISSIONER LETZ: Top rails in the 14 courtroom? 15 MR. WALKER: Yeah, there was some question as 16 to -- if you recall, when we got you to approve that change 17 order, they priced it in such a way that they could -- they 18 weren't sure they could salvage it. They were going to 19 rebuild it. Well, they just moved it, is all they did. 20 They were successful in moving it and everything looked all 21 right, except neither Keith nor I were very satisfied with 22 the touch-up job they did on the top rail. When they moved 23 it, they reattached it with some screws, and they've gone 24 back and tried to make it better. But, really, you paid for 25 a new rail, but they were successful in moving it. And the 154 1 rest of it looks pretty much just the way it did before; 2 looks fine. 3 SHERIFF HIERHOLZER: Are the keypads in there 4 for the sallyport doors? 5 MR. WALKER: That's not in there -- in this. 6 That's in a different -- 7 SHERIFF HIERHOLZER: One of the things we're 8 still missing, of course, there's supposed to be remote 9 controls to the sallyport doors that we carry in the 10 vehicles, and then on the inside there's also supposed to be 11 a keypad. 12 MR. WALKER: Right. But that's lower level 13 stuff; that's not the second floor -- 14 SHERIFF HIERHOLZER: Okay. 15 MR. WALKER: -- Annex. This is not anything 16 you're approving today. 17 SHERIFF HIERHOLZER: Okay. 18 COMMISSIONER WILLIAMS: We can't do a 19 "subject to approval"? 20 JUDGE HENNEKE: This is a "subject to 21 approval." 22 COMMISSIONER WILLIAMS: Subject to his 23 signature. I'm talking about subject to Jail Commission -- 24 JUDGE HENNEKE: Subject to the punch list, as 25 well as his signature. 155 1 COMMISSIONER GRIFFIN: Even though we can 2 sign it today, he still has to do the punch list. 3 COMMISSIONER WILLIAMS: I understand. Can we 4 not add the subject to Commission of Jail Standards? 5 COMMISSIONER GRIFFIN: I was ready to make 6 that motion, that we -- 7 JUDGE HENNEKE: Well, the problem is, I think 8 what Mr. Walker's telling us is the jail -- Commission on 9 Jail Standards' approval was not a part of the contract, so 10 you cannot add that in. 11 COMMISSIONER GRIFFIN: But if it were in the 12 contract, that -- that that would be done to Jail Standards 13 in the contract, then Stoddard could be held to that. 14 JUDGE HENNEKE: Right. I'm hearing Mr. 15 Walker say it wasn't done. 16 COMMISSIONER GRIFFIN: If it was. But I 17 thought he just couldn't answer that. 18 MR. WALKER: I can tell you within an hour of 19 the time I leave here, but I can't tell 100 percent for 20 certain right now. 21 COMMISSIONER GRIFFIN: He's going to look it 22 up. 23 MS. SOVIL: It would be in the specs, 24 wouldn't it? We have the specs here. 25 MR. WALKER: You have the specs, but I -- I 156 1 would want to be more thorough than that, do a word search, 2 make sure it's not in there anywhere. 3 COMMISSIONER GRIFFIN: I could try a motion. 4 COMMISSIONER LETZ: Sure. 5 COMMISSIONER GRIFFIN: I will make a motion 6 that we -- that we accept the substantial completion, 7 authorize the County Judge to sign same, with the proviso 8 that Mr. Stoddard sign first, that we get knowledge of that, 9 and that we get an answer before you sign as to whether or 10 not the Jail Standards were applied in the contract for the 11 holding cell area. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, seconded by Commissioner Williams, that the Court 15 authorize County Judge to sign the Certificate of 16 Substantial Completion for the properties described therein, 17 subject to the completion and corrections list, subject to 18 the execution by Mr. Stoddard prior to the execution by the 19 County Judge, and subject to receipt of assurance from 20 Mr. Walker that the contract does not include on the 21 requirement that the contractor satisfy the standards of the 22 Texas Jail Commission as part of the -- for holding cells. 23 COMMISSIONER GRIFFIN: Well said. 24 COMMISSIONER WILLIAMS: Got it. 25 COMMISSIONER LETZ: And have the Certificate 157 1 of Occupancy that we need on that. 2 MR. WALKER: Yes, sir. 3 JUDGE HENNEKE: Any further questions or 4 comments? If not, all in favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. All right. 9 MR. WALKER: Thank you. 10 JUDGE HENNEKE: I don't believe there's 11 anything else to come before us today. If anyone wants to 12 go up and see the space, I believe Mr. Holekamp has even 13 activated the elevator. 14 MR. HOLEKAMP: Well, I'll have to go 15 reactivate it; I shut it off. 16 (Discussion off the record.) 17 (Meeting concluded at 2:20 p.m.) 18 - - - - - - - - - - 19 20 21 22 23 24 25 158 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 29th day of September, 8 2000. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25