~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 ~3 "5 KERR COUNTY COMMISSIONERS COORT Regular Session Monday, February 12, 2001 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 Q C C c r' C 1 .._ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 ~.~ r;,'.,. ~l~xfi C[.,~•.,-..afad.~fS I N D E Y, ,2G,yFy_,?~g,z February 12, 2001 PAGE /. S-- ~~r He - c'. ~ c .l r/ re,.,t/~ ic.e/~„ - 5 .2 l., b'i b 2.1 ~esentat~on - V. Medical Center statusp~SG.>'~src~g 2.2 Annual report - Historical Conuuission ~-~~~~ 31 2.3 Road & Bridge advertisement for annual bids"zArP,(~O 37 2.4 Road & Bridge acceptance of ArcView GIS software 392~S~o 2.5 Approve road names for privately maintained roads 402to81o 2.6 Abandon right-of-way on Joe Dzymala property Zcsg~~2 2.7 POBLIC HEARING - Revision of Tract 64 & 66, Ingram Hi11s Subdivision 2bFalo~1 47 2.8 Final Revision of Plat, Tract 64 & 66 aboveZ~`b~''u 51 2.9 Open annual bids - electrical, plumbing, & HVAC:2(o~3(~S 2.10 Accept or reject above bids Z.a~(oS 54 2.11 Open annual bids - repair parts, labor, service & related items for county vehicles 55 2.12 Accept or reject above bids -- 2.13 Open bids - body shop repairs, County vehicles 57 2.19 Accept or reject above bids ~~P~~'~ 58 2.15 Sending out RFP's for communications system Zb~(o'~159 2.16 Preliminary revision of plat, Tract 44 & 45, Kerrville South II, Precinct 1 'Z.lo~(e~~ 69 2.17 Preliminary revision of plat - Tracts SA & 6A, Whiskey Ridge Ranches, Precinct 3 Zv%F }~ 73 2.18 Establish speed limit oL 30 mph on C.P. Rivcr Road, set public hearing on same 2.U+8~ ~ 78 2.19 Approve annual accounts/status of investments'Z"U,~4 2.20 Reimbursement of interest per Dt. Court order -~Z~~.85 2.21 Request from Kerr County Fair Association to ~IcQj"}ti place portable building on HCYEC property Z~b 45 52 2.22 Resignation of Chuck Brecher, Solid Waste Dept. 95 2.24 Request for variance to OSSF requirements to Eddie & Joyce Sowell, Center Point, Texas ~`~~~ ~ 105 2.25 Donation of Texas Ranger photographs'Z~v`~"~~v 116 2.31 Accept gift of Western prints from Cowboy'~(o~~-~- Artists of America Museum 123 2.23 Revision to County Personnel Policy to re uire annual Employee Performance Reviews 2~D~'~U 131 2.26 Resolution supporting Plateau Water Plan Group's request for funds for Trinity Aquifer monitoring 147 2.27 USDA/NRCS agreement, construction of temporary bridge for Hermann Sons crossing'j~ 150 2.28 Right-of-ways for Hermann Sons Crossing, authorize County Judge to sign z-~O~gZ 152 2.29 Approve job description for Information Systems Support Specialist p;SuBSiu~ 155 2.30 Set date & format for OSSF workshop" ~EsQ~ 161 2.32 Authorize Commissioners & Judge to appoint one 2~~5 high school student to Redistricting Committee 171 2.33 Ooen House & unveiling of cannon on Feb. 22 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 3 On Monday, February 12, 2001, aL 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S SUDGE HENNEKE: Good morning, everyone. It's 9 o'clock on Monday, February 12th, Year 2001, and we will convene this regular meeting of the Kerr County Commissioners Court. Commissioner Letz? COMMISSIUNER LETZ: Everyone please stand for prayer. (Prayer and pledge of allegiance.) JODGE HENNEKE: We have an extensive agenda today. I think we've set a record for my tenure with 33 items, so we're going to drive the train pretty hard today. At this time, if there's any citizen who'd like to address the Court on an item which is not on the regular agenda, they may come forward and do so. Is there any citizen who would like to address the Court on an item which is not on the regular agenda? Seeing none, we will turn to the Commissioners' comments. Let's start with Commissioner Letz. COMMISSIONER LETZ: Judge, is this the point where we're going to announce our ccmmittee meiubers? 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: I think that wou]d be entirely appropriate, yes, sir. COMMISSIONER LETZ: Okay. The individuals I've chosen to serve on the Redistricting Committee are Clarence Burrow from Comfort, Alice Gutierrez from Comfort area, Reverend Phea from Kerrville, and Janda Castillo from Kerrville, and Walter Schellhase. They all are looking forward to it; I think they'll give a good representation of my precinct and will do a real good job. JUDGE HENNEKE: Excellent. COMMISSIONER LETZ: And the only comment I have is that we're about to enter my favorite time of the year, baseball season. Let's -- let's hope all the best for all the baseball players in the community. And A & M, for that matter. COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: Commissioner Griffin? COMMISSIONER GRIFFIN: Two things. One, in the computer area, I think it's important that we note that the firewall is in. We're getting ready to go with e-mail accounts for the County, and then later on, of course, we'll look at how we put it in, but we'll have a web page -- or web site. Several pages, I hope, eventually. And -- but there is one thing that we want to make sure that everybody, all the County employees understand and that the public 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 understands, too, and that is until we have good virus protection in place -- and that's the last link and we're working on that now -- until we have good virus protection in place, we will not go active with this system, because we just can't afford to have a virus threat out there. So, if you hear that things are moving along, great, but we've still got that one very important step before we go live with it. So, still be a little bit patient. And, my members to the committee -- and, again, I, like Commissioner Letz, tried to make sure that we got good representation from all over Precinct 4. I have chosen Jack Burch oL Mountain Home, Elaine Casteel of Ingram, Linda Coffee in Kerrville, Wayne Este in Hunt, and Jack Parks of Kerrville. They've all agreed to serve. I think they'll be good representatives, and they all understand the redistricting process in general. So, I look forward to working with them. DODGE HENNEKE: Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir. I'd like to announce my list. They are Sandy -- that's a female, Sandy Wolfmueller from Voting Precinct Number 113. Sam Gross, he's a retired attorney, Precinct 107. Bill Tennant, Precinct 113. Dave Gipson, 101, and Marie Davis of Voting Precinct 113. I wanted to say that we're also moving into my favorite time of the year, which is track season. You'll 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 have more pecple at the track meets than you do at the baseball games, thank God. (Laughter.) COMMISSIONER BALDWIN: And, there's a gentleman in the audience that's on our program this morning, Dr. Dan Bacon, that was my personal doctor for many, many years, and of all the many friends and people that I know, this guy knows me better than anybody, inside and out. Good to see you, sir. DR. BACON: Thank you. COMMISSIONER BALDWIN: Thank you, JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: My picks for the redistricting committee are Mr. Jack Furman of Kerrville, Mr. James Murphy, Mrs. Linda Demasco, Mr. Tom Butters of Center Point, and Mr. Chris Childs of Shadow Ranch on Turtle Creek -- Lower Turtle Creek Road. And, I'd like to bring the Court up to dare on the status of -- of our grants that we're applying for with respect to Kerrville South program. I had an e-mail from Eric Hartzell of Grantworks last week. "Dear Commissioner Williams, the latest word from the State is that they are, quote, almost finished with scoring. The staff member I spoke with felt that the scores and rankings would be announced for the C.D. fund" -- the smaller of the two grants we applied for -- "within about two weeks. The 7 1 -~ 2 3 4 5 6 8 9 10 11 12 ,~ 13 14 15 16 17 18 19 20 21 22 23 24 ..-, 25 Colonias fund" -- that half a million dollar fund -- "will funding. We may have to fiddle with the locations and timing of specific activities, since the Colonias grants are grants that would likely make funds available iii the summer of 2001, while the C.D. funding will likely not be available until the summer of 2002. This will not be a big issue, as we will know that the funding is coming" -- if granted -- "so that we'll be able to phase the construction according to engineer's design." JUDGE HENNEKE: CJkay, thank you. My selections for the Advisory Committee are David Jackson, an attorney here in Kerrville, Stan Kubenka from the Ingram area, Pat Dye from the Turtle Creek area, Hiram Henderson, and Louis Romero, Jr. It's an outstanding group tkiat we've selected representing the county as a whole, and I think it will be -- give us great advice as we move through the uncertainties of redistricting on a short timetable, starting in April. We will be sending some printed materials out to these people so they can have a chance to look at it in advance and be ready to assist us when Che 8 1 2 3 9 5 6 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 time comes. I want. to thank each of the Conunissioners for their efforts in insuring that we have a wide representation of all of the county. It's an outstanding group. We're actually hitting my favorite time of year, which is mock trial time, and even though I no longer have any children involved, the Tivy High School team once again won the regional championship Saturday and will be moving on to the state competition in Dallas in March. And also, it's interesting to note that the Tivy girls basketball team beat Fredericksburg Saturday afternoon in a play-off with a 3-point shot at the buzzer, so Ltiey end up as the number two seat coming out of our district and will move on into the play-offs. So, it's an interesting time of year for those of us who would like to follow high school extracurricular activities. COMMISSIONER BALDWIN: Fred, I want to make a comment about your mock trial group. I was up here working yesterday and I heard a tap on the door, looked out there, and there's a -- there's that group trying to get i~itu the courthouse on a Sunday to practice or whatever they do. And, shortly thereafter, Judge Ables showed up and let them in, but -- I mean, I let them in until he got here. I held them out here. (Laughter.) COMMISSIONER BALDWIN: But -- but that's 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 ~0 21 22 23 24 25 beyond the call of duty. I think those guys -- those young people working like that on a Sunday afternoon is incredible. JUDGE HENNEKE: They do work hard, and the results show. 1 mean, they've been -- I think this is ttie 15th year they've competed in mock trial. They've won the regional every year but one. They've won State three Mmes, the only -- the only team in the history of the state competition that wasn't a 5-A school to win it back-lo-back years, and they finished third in the nation two years ago. So, it's an incredible program, and the thanks go to Bobbie Murray, the sponsor at the high school, and even more than that to the local attorneys and members of the judiciary, Judge Ables and Judge Prohl in particular, who volunteer their efforts in training those kids. Our hats are ofL to everybody who participates in that and al] the successful programs, not just at Tivy, but throughout the county. We have a very, very excellent school system network here in Kerr County, all the way from east to west, and we're very lucky to be able to enjoy the benefits for all of us here in Kerr County. COMMISSIONER LETZ: Judge, I have one question on the redistricting. Are we going to discuss a little bit where we're going with that on the last agenda item? I -- 10 1 2 3 4 5 6 7 8 9 lU 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DODGE HENNEKE: Sure, we can. COMMISSIONER LETZ: A11 right. JUDGE HENNEKE: Okay. All right. Anything else? Let's pay some bills. Mr. Auditor? Does anyone have any questions or comments about the bills? COMMISSIONER BALDWIN: I do. I do. I do. JUDGE HENNEKE: Okay, Commissioner. COMMISSIONER BALDWIN: Page 11, about halfway down in Group 630, Health Department, to the City of Kerrville, First Responders expense, $625. That's the one that I harp about monthly. We've -- since the last meeting -- and I brought it up last meeting letting you know that it will be coming up in this cycle of bills. Acid, it's my understanding that that money goes toward the salary of an EMS Coordinator. That is a City employee, and Lkiis money goes over for him to help us coordinate the First Responder program in the county. There is not a pezson in that position, so I have a hard time and problem -- I really think that it's probably illegal for us to be sending taxpayers' money over there and not receiving something in return. So, in the meantime, I have spoken with the City Manager, and he is researching it. So, that's all I know. I'm not willing to pay the bill. COMMISSIONER LETZ: Commissioner, it's my recollection that that program has been vacant for -- or 11 1 2 3 4 5 5 7 8 9 10 11 1^ 13 19 15 15 17 18 19 20 21 22 23 29 25 that position has been vacant there for some time, or it was vacant and they finally got someone appointed. That person was there a month. COMMISSIONER BALDWIN: He's been gone about a month. It's been vacant about a month. COMMISSIONER LETZ: It was vacant before that time as well for a while -- COMMISSIONER BALDWIN: That is correct. COMMISSIONER LETZ: -- when Ron Derrick left. And, do we have any other options, ar are we tied to the -- to the City- under -- for any reason, or we just choose to work through the City on this? COMMISSIONER BALDWIN: Well, we choose to work through the City because that position is there, and he is a -- his job with the City is, like, a training officer for those folks that do the ambulance work and the medical work for the City of Kerrville Fire Department. And, it's just a -- it's just a good place for our person to be at the same time. COMMISSIONER LETZ: But, I mean, it's our -- it's our choice, essentially, to have that individual at the City of Kerrville be our representative? COMMISSIONER BALDWIN: Yes, absolutely. Yeah, the First Responder program is our program. COMMISSIONER GRIFFIN: Is there a way that we 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 2n 21 22 23 24 25 12 could notify the Cit}~ or whatever that we -- these payments would not be forthcoming until and unless the position is filled? And if they'll notify us when the position is filled, we'll pick up the payments. COMMISSIONER BALDWIN: Well. I did that. and in my own gentle way. COMMISSIONER GRIFFIN: Mm-hmm, COMMISSIONER BALDWIN: Via letter to the City Manager. And, he phoned me a couple of days later, after he'd received my letter, and said that he's -- he's new there and he's -- it was his first time out with this deal, and he wants to research it completely. And that's been -- that's been a week ago or so. COMMISSIONER LETZ: I guess my question is, I mean, I know, you know, the volunteer fire department that I talk to the most is Comfort, and they utilize this program extensively. And I'm just -- I mean, I want to make sure that -- I think it's a great program, or it can be a great program, but it's had problems in the past couple years, and I'm wondering if -- you know, if it is -- the Kerrville Fire Department, essentially, or EMS thinks that it is as important as this Commissioners Court thinks it is, And if it -- they don't, maybe we can look at different ways to have someone head it up and pay that person. I'm just looking -- I mean, I don't know. I'm just tossing that out 1 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 13 because, I mean, it hasn't worked very well with the City ~f Kerrville handling it for the last couple years. COMMISSIONER WILLIAMS: Aren't they equipped out of the EMS program? Doesn't their equipment come out of the EMS program, their training? COMMISSIONER BALDWIN: Yes, COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: Yes, it's the same person that trains the EMS people as it's -- trains oux -- we never have -- we haven't had it in years. We've been sending -- and my -- my -- you know, I think that if we -- if I hang in there with them, we keep working on the deal, that it will all work out eventually. But, my problem with this is that -- and when I brought this up last time, I saw Fred do this, shake his head like this, as trom a lawyer's point of view. And, I just feel like that it's -- it is possibly illegal for us to be sending taxpayers' money -- he's doing it again. (Laughter.) COMMISSIONER BALDWIN: Taxpayers' money over there, and not receiving something in goods or services. I just don't think you're supposed to do that. COMMISSIONER LETZ: Enough discussion on my part. COMMISSIONER WILLIAMS: Is there a 1 R 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 pcssibility that those payments that we've already sent would be credited to our account for future use? COMMISSIONER BALDWIN: I've got my doubts about that one, but we -- we can sure ask. COMMISSIONER GRIFFIN: Well, if we don't pay it, that will certainly bring the issue to a head. You know, that -- COMMISSIONER BALDWIN: I let him know that I was not in favor. You know, it's just one vote here, but I'm not in favor of sending any more over there until this thing gets resolved. JUDGE HENNEKE: I think you're right that there's a contractual issue here, that if we're not receiving the services, we probably do not have a strong legal bass for sending it over there. I`ll throw in a word of caution, though; that I think it would cost us a lot more to try to set up a First Responder program independently of EMS than it would to continue the relationship. I think we just need to get the bookkeeping worked out. COMMISSIONER BALDWIN: Yeah, I think that we will. JUDGE HENNEKE: Anyone else have any questions or comments on the bills? COMMISSIONER WILLIAMS: Move we pay the bills, with the exception of the one that the Commissioner 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 2U L 1 L2 23 24 25 15 noted. COMMISSIONER LETZ: Second, JUDGE HENNEKE: Motion made to authorize payment of the bills as recommended by the auditor, with the exception of Invoice Number 121i9~ to the City of Kerrville for $625. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget amendments. Budget Amendment Number 1 is for Road and Bridge Administration. MR. TOMLINSON: In the budget, Road and Bridge Administration budgeted for some improvements for their facility. Part of it was for the purchase of a chair, and I'm asking that we -- we move the -- the funds from the Maintenance Facility line item to Capital Outlay for $75.99. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second, with a question. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 1 for the Road and Bridge Department. Commissioner Baldwin, do you have a 16 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 L1 22 23 24 25 question? COMMISSIONER BALDWIN: Has the chair been purchased already? MR. TOMLINSON: Yes. COMMISSIONER BALDWIN: So here we are purchasing something that's not budgeted yet. MR. TOMLINSON: It was in the budget. I mean, part. of -- part of the plan -- their plan was -- was the addition of $3,000 in the Maintenance Facility, so that was part -- that was part of their overall plan to buy furnishings. This is -- this is an effort to -- to change the accounting for it into the right account, JUDGE HENNEKE: Any further comments or questions? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: A11 opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Budget Amendment Request Number 2 is Nondepartmenta]. MR. TOMLINSON: Okay. This amendment is from my request. This is for the renewal of the property insurance for Nondepartmental. It's for the property coverage for the courthouse. We're -- we budgeted $9,000. The premium was $9,439, so I'm requesting $439 be transferred from the Liability Insurance account to the 17 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 Property Insurance. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALllWIN: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 2, Nondepartmental. Any further questions or comments? if not, all in favux, raise your right hand. (The motion carried by unanimous voLe.) JUDGE HENNEKE: A11 opposed, same sign. (Nc response.) JUDGE HENNEKE: Motion carries. Number 3 is for the County Clerk's office. MR. TOMLINSON: This is a request from Jannett Pieper to replace a printer in the Land DepartmeriL. This would be a transfer of $500 from -- out of Ballot Expense in the -- in Line Item 10-402, which is Elections, to Capital Outlay in the Land Department for $500. COMMISSIONER BALDWIN: So moved. COMMISSIONER GRIFFIN: Second, JUDGE HENNEKE: Moved by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 3 for the County Clerk's office. Any further questions or comments? If not, all in favor, raise your right hands. 1 3 4 5 5 7 8 9 lU 11 12 13 19 15 16 17 18 19 20 21 22 ~3 24 25 18 (The motion carried by unanimous vote.i JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Do we have any late bil]s, Tommy? MR. TOMLINSON: No. JUDGE HENNEKE: Okay. At this time, I would entertain a motion to waive reading and approve the minutes of the January 1, 2001, January 8th, January 12th, and January 22nd meetings. COMMISSIONER BALDWIN: I move. COMMISSIONER GRIFFIN: Second, JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Griffin, that the Court waive reading and approve the minutes of the January 1, January 8, January 12, and January 22, Year 2001 meetings of the Commissioners Court. Any questions or comments'? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: At this time, I will entertain a motion to approve and accept the monthly reports as presented. COMMISSIONER LETZ: So moved. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 COMMISSIONER BALDw1N: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court approve the monthly reports as presented. Any further questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We'll now turn directly to the consideration agenda. The first item of business ~s to consider and discuss presentation by Dr. Dan Bacon regarding what's going on at the Kerrville V.A. Medical Center. Dr. Bacon? DR. BACON: Thank you. JUDGE HENNEKE: Glad to have you this morning. DR. BACON: Judge, Commissioners, it's a real pleasure. I appreciate your inviting me to come, and maybe I can tell you a little bit about the V.A., and maybe I can dispel some of the confusion that's existed around us since 1995. I'm the Chief Medical Officer of the Kerrville Division of the South Texas Veterans Health Care System, and as they always say, the shorter the name, the longer the power or the more power you have. And Z'm getting a longer one as I go along here. You know, you start with a director 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 In L 1 22 23 24 25 ~0 and then the associate director and then the deputy associate director and so on down the line. As it gets longer, it gets weaker. The idea of care of those who defend our homeland is not new. And, I won't frighten you with Lhis, but as far bark as 1635, Plymouth Colony passed a colonial law whereby those who fought for the defense of the colunies would be compensated or r_ared for. That's pretty good. Now, I won't fill in all the gaps in between, but bring us up to 1921. And, in 1821, the United States Veterans' Bureau was formed, and it was a consolidation of tYir ee bureaus; the Veterans Bureau, the Bureau of Pensions, and the National Home for Disabled Veterans. Okay. Move ~n up to 1930. By the way, in 1921, our V.A. Hospital was under construction at that time. This V.K. Hospital opened in 1923. It was the first V.A. Hospital in Texas. It was the 91st V.A. Hospital in the United States. Back in those days, it was primarily a TB hospital. TB was the AIDS of the world at that time. Veterans coming back from World War II had been in Europe, which was endemic to tuberculosis at that time, and believe it or not, this hospital where I work was a -- had about 1,000 beds; it varied from 800 up to 1,200 at one time, and this was back when there was no real treatment for tuberculosis, and so it was mostly a place that you put 1 r 2 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 ~0 21 22 Z3 24 .--. ~5 21 people, You put them to bed, and if they had the ability to, they got well, and if they didn't, they died. And, having a diagnosis of tuberculosis at that time was just a -- pretty much of a -- like -- it ruined your life. It might not have been a death warrant, but people were just scooped up out of their homes and their jobs for a year. At any rate, in 1y30, the Veterans Administration was organized under the executive order of President Hoover, and after World War lI, when the real influx of V.A. began to be felt, there were two generals, General Omar Bradley and Paul Ho11y, who established the Title 38 system of hiring physicians and nurses, and then the V.A. affiliations with medical schools, which brings me up to the three main missions of the V.A. What does the V.A. do? The V.A. first takes care of eligible veterans. Secondly, medical education and research. Over 50 percent of the doctors in the United States were trained at some part of their training in a V.A. Hospital, so the affiliation between medical schools and the V.A. is -- has been extremely important. And, the third one is to support the Department of Defense, the contingency planning in the event that we get into a great big war again and the military treatment facilities would not be adequate. For many years, the V.A. was a hospital-based organization; buildings, hospitals, campuses, lots of zz 1 3 4 5 E 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 ~4 25 property, golf courses. We don't have quite that nice one here, but there's -- some of them are truly spectacular. Now the V,A. has shifted primarily to an outpatient patient-focused system. We now have outpatient care. We've reduced the sizes of our hospitals. We've reduced the numbers of our hospitals, but we still are fo~~using on the care of the veteran. The contingency plan with the Department of Defense is not nearly as critical as it has been. In 1989, the V.A. Secretary was elevated to the cabinet level, so it became a cabinet position in '89. And the Secretary of Veterans Affairs is Anthony Princippi, just -- the new man who's just been appointed. Princippi was Deputy Secretary about 10 years ago. Probably more, though, he's }mown for having been John Tower's program person for the Armed Forces -- I forgot the exact name, the title. At any rate, the V.A. then was reorganized in about 1990 to '95, and into 22 networks. Twenty-two networks. There was going to be a decentralization, and it was going to put more power into the local hospitals, and as a result it would be decentralizing more local influence, and we in this area are Network 17. Network 17 has three systems, whi~~h is Dallas, the North Texas system, Temple, Central Texas, and Kerrville and San Antonio are in the South Texas system. Inpatient care -- when I told you we 23 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 had 1,000 beds at one time, we now have 25 acute-care bens, and out of those 25 beds, we have 5 intensive care unit beds. But, one of the rumors has been that we were closed, that we didn't have any beds, that there was not a hospital any more. There was just an outpatient facility. So, it's real important for you to realize that we still have a significant medical mission there. We have eight primary care teams on the outpatient side -- did I say eight? We had eight. We have seven now. We converted one of those teams over to a GI service so that that particular person could take the load of the GI in complicated cases, off of the primary care doctors, and particularly with the new emphasis on hepatitis C, so that is helping to meet that. We have specialty clinics in nearly every specialty. Now, most of those clinics are staffed by doctors from San Antonio who come to Kerrville. But, at the risk of forgetting some, we do have a gastrointestinal service, we have an extensive women's clinic. We have a neurology, dermatology, minor surgery, ophthalmology, audiology, which has just come in, and that's going to be real important 'r_ause all of our veterans are the age group that are losing their hearing. We have urology, orthopedics, psychiatry and other special programs like prisoner of war counseling groups, pcst-traumatic stress disorder and so forth. In our long-term care -- please stop 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 24 me if I'm saying anything that's contusing, or -- or clap if it's enlightening, whatever. At any rate, 154-bed nursing home. I was stunned when I was told Saturday by one of my very best friends who knows me very well that he had no idea we had beds at all. Well, we have the 25 acute-care beds and we have 154 nursing home beds. Out of that nursing home group, we have three levels of care. The -- one, two, three; the lowest level are those that require almost complete care. Out of that group is our dementia unit. We probably have the finest dementia unit that I know of, maybe -- certainly a far advanced dementia unit. It's closed, but patients that are at risk for wandering can come in there. Let me give you another little, bitty breakdown here, and that is that before 1y95, all V.A. Hospitals were organized basically under a Director, the Chief of Staff, and Associate Director. And, under the Chief of Staff side came all the clinical services; surgery, nursing, medicine, all that. On the other side, you had the administrative services like engineering, environmental management, so forth. In 1995, on March the 17th, they merged the Kerrville Division and the Audie Murphy Division into the South Texas Veterans Health Care System. At that point, we -- I became -- I had been Chief of Staff of a freestanding, independent hospital. I became Chief Medical 1 3 9 6 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 29 25 25 Officer of the Kerrville Division, and we were reorganized under one staff, which is basically based and directed out of San Antonio, which is the Audie Murphy Division. Bu L, our system covers all the way from here to Brownsville. We have outpatient satellite clinics in Laredo, Corpus Christi, Victoria, south Bexar County, McAllen. We have -- those are the fixed clinics. Those are staffed by V.A. personnel. And then our two hospital divisions, which is Kerrville and San Antonio. We also have contracts which we call community-based outpatient clinics, CBOC's. These are in places like Alice, Kingsville, New Braunfels, Seguin, Del Rio, and these are community clinics where they have contracted with physicians to take care of veterans in that area, the idea being that if you were a Del Rio guy with high blood pressure and you really didn't want to come to Kerrville or go to San Antonio, you can get that care in -- in Del Rio. Now, another thing to remember is that the quality assurance in those clinics is very strict. We put them onto the decentralized, computerized program; we install computers and our quality assurance staff qo out and check those clinics out. They have to keep records. They have to keep up to snuff. All of this is under -- according to the Joint Commission on Accreditation of Hospitals and other organizations, such as the A.M.A., T.M.A. and so forth. 26 1 T--. L 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 .-, 25 I want to focus on the things that we really preventive care. Probably nowhere else do we -- do you have the emphasis on hypertension screening, protection against stroke, prostate screening -- prostate cancer screening, colorectal cancer screening, osteoporosis, all of these things that are conditions that affect our age-group population, and this is probably the best thing we do. Medical education, of course, is a big program for us, and we -- you don't have - - one of the biggest things I'd like to let everybody know is that you don't have to have been in combat. You don't have to have been in a war. You don't have to have been a hero to be able to come to the V.A. If you are a veteran, and almost no exclusions -- I guess some dishonorable discharges, maybe, but most of the time, most of the people you know who have ever been in the military at all are eligible for V.A. rare. Now, there are categories of such that some of them will be billed a co-pay for some of their care. I'll wrap this up with this, and that is that during the past week, I have met with patients that I was treating. One of them had been a Pearl Harbor survivor. He went from there to the battle of Midway. He went through Guadalcanal, he went through two other landings that I rant name, and ended up on Okinawa. And, another one was a guy 2~ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that said, "Did you ever hear of the Bataan boys?" He had been in the Bataan death march, had been a prisoner of the Japanese for 4U months. And, finally, the other one said he had been at the biggest beach party in the world; he had been at D-Day, all the way through the Europe war to Berlin. Every one of them had something funny to say about his experience. 1 don't know if this is how these guys have compensated with life or not, but they have been a remarkable group of people to work with. I was in private practice in Kerrville for 32 years, and I've been with the V.A. Tor 10. Just don't add that up. And, it has been a distinct high point in my life to be able to work with the veterans. Do you have any questions'? JUDGE HENNEKE: Dr. Bacon, you told us about the clinics and the nursing homes. What else is going on at the V.A. in the form of new and proposed programs? DR. BACON: We have -- JUDGE HENNEKE: The local V.A. DR. BACON: We have a new program in which -- if you remember, there's a CARES program which looks through -- kind of like the BRAC closure for bases, that's looking through all of the V.A. facilities, and they're looking for anything that's vacant. One of the things we're doing to remove ourselves as a target from that is to fill up the main building completely. We're going to move our nursing 28 1 L 3 4 5 6 7 8 9 10 11 12 13 14 l~ 16 17 18 19 20 21 22 23 29 25 home on 2 up to the 6th floor, will completely occupy that, and then the 7th floor, which was vacated when we lost our surgery program, will become a wellness and physical therapy area. So, that will build -- that will fill up the main column. JUDGE HENNEKE: What's going to go into the second floor when you move the nursing home? DR. BACON: The Residential or Assisted Living Program, and that will be a 60-bed unit. Residential Care Program, which will be operated on a contract basis by some contracting company; Living Centers of America, Mariott, somebody of that sort, and they will operate that. It will be according to V.A. standards, but it will be a contract-type thing. Then we will be developing Adult Day Care, which is a day care just like for children, but it will be an adult day care for those families that have someone who needs to be placed during working hours. We also have our Geriatric Evaluation and Management Program, which is expanding to include home-based primary care, and we are consolidating all of that into the area where my office is, where -- in the -- in the left -- if you're looking straight at the building in that right front wing, and the basement, that will all be involved in the Geriatric Evaluation and Management Program and Home-Based Primary Care, Adult Day Care. And then, as you well know, the hope z9 1 2 3 9 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~` 23 24 25 for the future will be possibly to have a State Veterans Home in Kerrville. We also could be looking at having a DOM here. We have 72 acres. San Antonio's totally landlocked. They did just now buy some land for a parking garage, but we have 72 acres. We also have a new laundry which has received pro and con popularity, I should say, but that can be expanded probably to three times its present capacity, and we might be looking at outsourcing contracts for laundry. JUDGE HENNEKE: Does anyone have -- COMMISSIONER WILLIAMS: Just one quick question. Dr. Ba~~on, there's been some reshuffling of the hierarchy of the South Texas Veterans Health Care System. Could you just enlighten us to who's in charge of the shop now? DR. BACON: Our Network Director was Vernon Chong, who was the first Network Director when the networks were lined up. Dr. Chong has retired and Jose Coronado, who is the Director of the San Antonio Division, or -- well, of the South Texas System, is now acting as Network Director, and his Associate Director, Tim Chay, has moved into Acting Director. My understanding is that we will probably have another Network Director from the outside, but I don't know that at all. And, certainly, Mr. Coronado may or may not be the next Network Director. so 1 2 3 4 5 6 7 8 9 10 11 12 r-. 13 14 15 16 17 18 19 20 21 22 23 24 .-, 25 COMMISSIONER GRIFFIN: 1 received this question from several people, and I've always referred them back to the hospital directly, but could you generally tell us what is the eligibility of spouses or dependents of veterans for -- in general for treatment at the hospital? DR. BACON: Okay. Just -- just quickly, I'll say this on eligibility. That the veteran, himself -- we have categories, but basically the first six represent those who make less than about $25,000 a year, or they have some special thing like dementia or spinal cord or homelessness or AIDS or some of those things, but those fundamentally get their care for nothing, and then the Category 7's, which is the old Category C, are the ones who then are billed a co-pay. As far as spouses are concerned, we have a Tricare program which, as you know, up until this point has been for retired military up to the age of 65 and their dependents, and then from -- at age 65 they went into Medicare. Tricare, as of October the lst of this year, hopefully will have a program whereby they'll come under Tricare for life, as they call it, and that will, I think, be a lot more compatible to most retired military and it will include their spouses. JUDGE HENNEKE: Any other questions or COMMISSIONER GRIFFIN: Just one. Excellent 31 1 2 3 4 S E 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 2I 2~ 23 29 25 rundown, Doctor. Really appreciate this. DR. BACON: Thank you. COMMISSIONER GRIFFIN; And, just for the record, because I hope it gets covered well, the TB epidemic was after World War I, and you had a slip of the L~figue there and said World War II. DR. BACUN; Did I say that? COMMISSIONER GRIFFIN: But it was after World War I. DR. BACON: That was definitely World War I. CUMMISSIUNER GR.I FFIN: Right. DR. BACON: Incidentally, I can go another 30 minutes on -- J~JDGE HENNEKE: Not today, you can't. DR. BACUN: -- on the interesLiny story of the endemic -- and epidemic of Europe, east and western Europe and how TB became a human infection. But, I -- I promise I'll stop. Thank you very much. JUDGE HENNEKE: Thank you, Dr. Bacon, Lur taking your time to come and enlighten us as to what's going on in one of the major programs here in Kerr County. Thank you very much. DR. BACON: Thank you. JUDGE HENNEKE: Item Number 2 is consider and discuss an acceptance of the annual report by the Kerr 32 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 1? 18 19 20 21 22 23 24 25 County Historical commission and approve the membership thereof. General Schellhase. MR. SCHELLHASE: 't'hank you, Judge, Commissioners. This report was submitted; it's in your packet. I'd like to cover quickly the activities for the year 2000 that are significant. The James Kerr marker, as you know, we finally got completed and erected on the courthouse grounds. That was a three-year project. That has taken a considerable amount of time. The other marker that we had this year was at Cade House up in the Ingram area. The five that we still have worY,ing are the A.C. Schreiner, Sr. House, the Rose House, Woo71s Building in Center Point, Zion Lutheran Church, and the Union Church building, and those are all in some sort of process that are being worked. The restoration of the Union Church continues. That was a big project during 2000 and will continue into 2001. We have a considerable amount of work to do, and as those funds become available, they're applied directly to that project. And, in an effort to help that, of course, we developed the 2001 historical calendar that's out on the market today. That has been distributed quite well. We've raised something over $4,000 so far, and that all goes directly to the restoraticn of the church. Our big project, the one that continues and 1 .-_ 2 3 4 5 5 7 8 9 10 21 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 33 is ongoing, is the Oral History records that we're maintaining. As you know, we have now over 30. I think we brought a sample of one of those to you last year when we did this. We're continuing on that. It's just long, hard, consuming work by a lot of people, because of the difficulty in lining up these elderly people to do these oral histories. We still have, I believe, 108. The last time I reported, I think we had 102 on the list. We've completed another 13 and now we have 108 on the list, so our list is getting larger. And, we have missed this year, I believe, four because -- that were cn our list because of death that we did not get to record. Of course, we still have the archives those that want to use it for research archeological finds in Kerr County to us at the time we have a place to distribute those. Hopefully, the Union Church might help us in providing that space for us, Long-awaited period. The courthouse display cabinet is complete. I have seen it. It is, in fact, complete. It still lacks tc be installed, and that has been coordinated with Glenn Holekamp. We intended to do that, I believe, in December. Because of the work on the lighting committee, Glenn asked us to wait until after the holidays and get that coordinated 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 2` so we can have the display put up, so that will be a big project for 2001. Our membership still stands -- or stands today at 13 active and 12 members. On Page 4 of your report we have a list of those, which we would like for to you approve, and this is a project for those Commission members for the year 2001. Any questions? DODGE HENNEKE: Any questions or commentst COMMISSIONER BALDWIN: I have a comment on your calendar. I wanted to say, if y'all haven't seen that calendar -- of course, that's their major fundraiser; it's 10 bucks. The -- the months and days are the same as any other calendar, it doesn't change, but those photographs on there are truly Kerr County. You have those old pens full of hair goats and the Real Ranch and all that. It's -- it's the neatest group of photographs I have seen put together. I own one -- I'm the proud owner of one, and I think that they're for sale down at the Clerk's office. And where else? MR. SCHELLHASE: Well, there are about 1S places around town that have them, large list of places. COMMISSIONER BALDWIN: I have bought mine. Have y'all? COMMISSIONER WILLIAMS: Yes. DODGE HENNEKE: Mine is on display out here in the Commissioners' area. 35 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 COMMISSIONER BALDWIN: A11 right. All riyhL. I noticed a "For Sale" sign on it the other day. COMMISSIONER WILLIAMS: Are you going to repeat that again next year with the calendar? MR. SCHELLHASE: Yes. We have laid out a five-year program for the calendar. 2001 were general photographs. 2002 are going to be historical buildiciys, those that still remain or that we have current pictures of, so we can show both the dual picture of those as tkiey originally were and as they are today. We're going to do another one cn families; we have a super collection of historical families in the county where we have -- group families, and try to coordinate that with those that are still living in the area and descendants of ~_hose families. We have the one for historical markers; we're going to do one with all of the county markers. I think we have about 142 markers in the county, and we do not have a single document that puts all those together. We're going to work on that. We have a map -- a little display for people to drive around and look at these. It needs to be updated; that`s one of the projects for 2001. And, the fifth one I don't recall, offhand. But, anyway, a good project for the next five years, JDDGE HENNEKE: Any other questions or comments? 36 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SCHELLHASE: By Lhe way, I appreciate, Judge, you sending out the message to the Commissioners to solicit those in the district who might be ititeLested to serve on the Historical Commission. We didn't get any returned. COMMISSIONER BALDWIN: I nominate Bill Williams. COMMISSIONER WILLIAMS: Don't nominate me, but you can nominate my wife. JUDGE HENNEKE: We have had a nomination of Lou Williams to be on the Commission. MR. SCHELLHASE: Great. JUDGE HENNEKE:: With your agreement, we would add that name. MR. SCHELLHASE: We'll add that name Lo the list. COMMISSIONER GR1E'FIN: And I also had a nomination. DODGE HENNEKE: Okay. koger Chapman? COMMISSIONER GRIFFIN: Roger Chapman in Hunt. MR. SCHELLHASE: Hunt? Great. COMMISSIONER WILLIAMS: Are we adding names to the list? JUDGE HENNEKE: Yes. We've added Lou Williams and Roger Chapman. 37 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I move that we accept the annual report and approve the membership list, as modified today. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve the annual report and approve the membership list, as modified. Any questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) MR. SCHELLHASE: Thank you. JUDGE HENNEKE: Thank you, General. General? MR. SCHELLHASE: Yes? JUDGE HENNEKE: Are we going to try to have that display cabinet in before open house on the 22nd? MR. HOLEKAMP: Yeah, of course. JUDGE HENNEKE: Thank you, General, I appreciate that response. COMMISSIONER WILLIAMS: That was General Holekamp. MR. HOLEKAMP: Were you looking for me? COMMISSIONER WILLIAMS: He promoted himself. JUDGE HENNEKE: Next item is Item Number 3, 38 1 2 0 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 22 23 24 ~~ ~~ consider and approve the Road and Bridge advertisement for the annual bids on materials and equipment by the hour. Franklin Johnston. MR. JOHNSTON: Morning. I think we have a sample of the newspaper ad to put out t_o bid, along with the packet of all the items that we're going to bid, which will be road base, cold mir„ black base, paving aggregate, asphalt and emulsion oil, corrugated metal pipe, and equipment by the hour with operator. We have a separate bid packet for all those items. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seccnded by Commissioner Baldwin, that the Court authorize Road and Bridge to advertise for annual sealed bids. So everyone's on the same page, the bids will be due at the Kerr County Clerk's office by 5 o'clock p.m. on March 9th, Year 2001, to be opened at 10 o'clock a.m. Monday, March 12th, Year 2001, in our regular Commissioners Court meeting. Any questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 1 2 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 39 4, consider the acceptance of a gift on behalf of Road and Bridge Department of ArcView GIS software from Ed Higgins. Commissioner Williams. COMMISSIONER WILLIAMS: Former Kerr County Commissioner, Precinct 2, Ed Higgins has generously offered a gift of ArcView GIS software for basic use by the Road and Bridge Department. And, Franklin, why don't you give us a little bit more insight on this so the Court knows exactly what this is all about. Eddie is also present and may be able to enlighten us, as well. MR. JOHNSTON: This was a very generous unsolicited gift. It will allow us to access some of the data from KCAD and from 911 using their mapping and aerial photographic database that they have. COMMISSIONER GRIFFIN: I might just add, it's a very powerful piece of software. You can do all sorts of things with it. It's -- it is excellent. COMMISSIONER WILLIAMS: For those of you who may not remember former Commissioner Higgins, Ed, stand up, please. We thank you for your generous gift. I move the acceptance of the gift of the ArcView GIS software from former Commissioner Ed Higgins for use by the Road and Bridge Department. MR. HIGGINS: If I may say, I have one more piece of equipment I haven't delivered to him yet, and I 40 1 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 wanted him to know it's coming. MR. JOHNSTON: Okay. COMMISSIONER GRIFFIN: I'll second that. i JUDGE HENNEKE: Thank you, Ed. Motion by Commissioner Williams, second by Commissioner Griffin, that the Court accept the gift of ArcView G1S software from Ed Higgins for use of the Road and Bridge llepartment. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Again, Ed, thank you very much. Very kind of you. Item Number 5, consider approving road names for privately maintained roads in various locations in accordance with 911 guidelines. Commissioner Griffin. COMMISSIONER GRIFFIN: Actually, this was a compilation, and I coordinated to get it on the agenda with Road and Bridge. These are all -- as you see in the package, all privately maintained roads, with the name -- the naming of the roads has all been through the 971 process, as in the Road and Bridge database, and I would move that they be accepted as submitted. COMMISSIONER WILLIAMS: Second. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Williams, that the Court approve the name changes for private roads as presented. Any further questions or comments? COMMISSIONER LETZ: Judge, question. Go we have a time, Larry, when they're going to be coming to Commissioners Court with a revised plan? As I recall, we asked for that last fall sometime. COMMISSIONER GRIFFIN: Talking about the 911? We're shooting for next -- the next meeting, 26th. COMMISSIONER LETZ: Okay. COMMISSIONER GRIFFIN: Which will be the first of what we hope will be quarterly reports under the new board structure, and with our very active members of the board, we have a new process going into place where tkiat will be reported quarterly with progress, percentage of completion, et cetera. So, that should happen next time. Thanks for the question. COMM155IONER LETZ: Note my patience; I haven't brought this up in at least a quarter. JUDGE HENNEKE: Any further questions vi comments? If not, all in favor, raise your right hand. (The motion carried by unanimous voLe.) JUDGE HENNEKE: All opposed, same sign. (No response.) 9~ 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Motion carries. Item Number 6, consider and discuss abandoning right-of-way as deeded and described in Volume 79, Page 200 of the Kerr County Land Records. We each have in our packet a letter from Chris Wallendorf regarding this easement, and Mr. Wallendorf is here. MR. WALLENDDRr': Morning. DODGE HENNEKE: Morning, Chris. MR. WALLENDORF: Morning, Commissioners. I represent Joe and Lucy Drymala and Drymala Family Partnership, Limited, and they own an approximate 16-acre tract of land which borders on I-10, Loop 534, and also a small portion of it on Sidney Baker. And, this piece of property is located in the Patrick Fleming Survey 666. There is a -- an old deed back in May of 1946. The Siekers conveyed to Kerr County a 30-foot-wide roadway easement which goes through the Patrick Fleming Survey 566, and I have a copy of this deed for the Commissioners if they'd like to -- oh, each of you have it? And it provides that if this road is ever abandoned or ceases to be used as a -- as a county road, that it would automatically revert back to the grantors and their assigns. And, of course, my clients are the assigns of the Siekers. We've had a -- a very detailed survey made of the property by a surveyor in San Antonio, Thomas Hubbard, and he has found no evidence of 43 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this road on the property. And, I also have -- may I approach the Commissioners? I have some updated -- JUDGE HENNEKE: Yes, you may. MR. WALLENDORF: -- updated information. I obtained a letter from the surveyor in which he states that there is no evidence of this road on the property, and I also have the surveyor's report here where he also certifies in Paragraph Number 1 that he has found no reported evidence of any public roads across the property, and that the only roads that exist are private drives within the piece of property. So, what Mr. Drymala is asking the Court to do, insofar as his 16-acre tract -- it's actually 15.9921 -- insofar as that tract is concerned, to abandon that roadway within the boundaries of that property. JUDGE HENNEKE: Any questions? COMMISSIONER LETZ: Chris, where is this tract exactly? You just described it -- MR. WALLENDORF: Okay, it's right across the street from Y.O. Hilton, and part of it abuts up against I-10. The other part of it is along 534 -- Loop 534, and then there's a little strip of land that comes all the way down to Sidney Baker. COMMISSIONER WILLIAMS: On the south side or the north side? MR. WALLENDORF: It's on the south side of 44 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 I-10. COMMISSIONER LETZ: So it goes back behind those other hotels that are -- MR. WALLENDORF: Right. COMMISSIONER LETZ: -- between the Y.O., that tract back there? MR. WALLENDORF: Right. There's a little location rnap on the plat, if y'all would like to see it to further indicate where the property is, and I can show that to you. COMMISSIONER LETZ: That answered my question. COMMISSIONER WILLIAMS: I have one follow-up question, though. Is that -- does this include that parcel of -- on the corner that is intended to be the Lowe's store, or not? MR. WALLENDORF: It -- 1 think you have -- you have the right piece of property, yes. You -- I think you have the right piece of property. COMMISSIONER GRIFFIN: I just have a question. Under the rules -- and I don't see any -- it's obviously not a county road there, but does this have to -- does this require a public hearing? Because we're abandoning a right-of-way. Under the rules? I mean, I don't know whether that's a technicality or not that we have 45 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tc dc. COMMISSIONER LETZ: We11, it's not a platted subdivision, so it wouldn't come under our Subdivision Rules. COMMISSIONER GRIFFIN; Okay. Okay. MR. WALLENDORF: All we're asking the Court to do is not abandon the entire road; just that -- if a portion of that road was located within this tract, to abandon that part of it. And, what I would ask the Commissioners to do is to enter an order referencing the -- in the surveyor's letter of February 9th, x'001, it references three tracts of land. This is actually three separate traits of land; a 13.8-acre tract, a 1.4-acre tract, and a 0.7912-acre tract, and also references the relevant deeds. I would ask the Court to -- in their order, to reference those deeds so it's clear to the title company that you've abandoned the roadway within these particular tracts. JUDGE HENNEKE: Franklin, clo you have any comments on this? MR. JOHNSTON: I had one -- one question, I guess, more than anything. In 1946, this, of course, was in Kerr County. It's still in Kerr County, but now it's also in the city limits of Kerrville. I wonder, as part of the annexation, does the City also annex that easement and do 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they have to also agree to the abandonment, or how does that work? JUDGE HENNEKE: Mr. Lucas, do you have a comment on that? MR. LUCAS: Well, if the City had annexed and had provided for some right-of-way, I believe so. They would have to do like measure. JUDGE HENNEKE: We need to do what we need to do, and then if the City has any jurisdiction, then the developer would have to take it to the City. MR. WALLENDORF: That's fine. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: So moved. Now that you said that, Judge. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: I would -- I believe I'm correct that this takes unanimous approval of all of the Court. So, motion by Commissioner Letz, second by Commissioner Griffin, that the Court abandon the right-of-way referenced as a 13.8-acre and 1.4-acre tract of land described in Volume 715, Pages 790-793, Real Property Records of Kerr County, Texas, and a 0.7912-acre tract recorded in Volume 908, Pages 138-140, Real Property Records of Kerr County, Texas. Does that work? MR. WALLENDORF: Yes, Your Honor. Thank you. 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Let the record reflect that it was a unanimous vote in favor of the abandonment. MR. WALLENDORF: Thank you. JUDGE HENNEKE: Thank you, Chris. Okay. It is now 10 o'clock. At this time, we will open the required public hearing for revision of Tract 64 and 66 of Ingram Hills, Precinct Number 9. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE HENNEKE: Are there any members of the public who wish to address the Court on the issue of revision of Tract 64 and 66 of Ingram Hills in Precinct 9? And, I'll note this is a public hearing which was posted in the Kerr County -- Kerrville Daily Times on January 24th, January 28th, and January 31st. Come forward and identify yourself, please. MS. ROSLIER: I'm Annette Roslier. I was invited by notice. I'd like to know where exactly up in Ingram Hills this property is. 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: Here's a map. MS. ROSLIER: Can you just point out -- COMMISSIONER GRIFFIN: Here's the -- (Discussion off the record.) MR. DIGGES: It's roughly a mile off of Highway 27 going back on Ingram Hills Road. MS. ROSLIER: Thank you. JUDGE HENNEKE: You're welcome. Anyone else have any comments? Yes, ma'am? Come forward, please. MS. DAMS: Hello. I'm Carol Davis and I have the Lot 65 that's adjacent to that property. 1 think I sent in some of my objections already on this. Did you receive them? JUDGE HENNEKE: I have not received them. Has anyone? COMMISSIONER GRIFFIN: No. MS. DAM S: They're all written out and sent in. I think, you know, they're asking to subdivide property that looks pretty large. You know, who'd have any objections to subdividing something like 9 acres or something? The problem in that area is that it's a very rocky prominence. The area actually available for a building site is very, very small up along the roadside. Nearly all of the property is on a very, very steep dropoff down into a valley and unusable, so you actually have a very 49 1 3 4 G 5 7 8 9 10 11 12 13 19 15 16 17 18 19 ?0 21 22 23 24 25 small area that's available for housing up there. And, we're worried about -- what we were worried primarily about is the runoff. We were told that that area wouldn't support multiple septic system use. We don't -- you don't have any idea of where the groundwater's going once it starts into that steep decline. But, cur -- our water would have to come from there. I think that this is primarily for us. We had planned on building a retirement home in that area, and we thought at the time that we bought the lot that each of those lots were not going to be subdivided. It's a beautiful area, scenic, but I don't think it's going to support more than one home per lot. JUDGE HENNEKE: Is there any prohibition in the rules of Ingram Hills against subdividing? MS. DAVIS: I don't know. Our understanding at the time we bought the lot was that they would not be. But -- COMMISSIONER LETZ: I guess I better -- my general comment is that, I mean, it's really up to the subdivision -- the rules of the subdivision association as to this type of a matter. I mean, this division meets the requirements, you know, of the County, and it's very difficult for us not to approve one, you know, that -- MS. DAVIS: We'd like an environmental assurance that this isn't going to ruin our water supply. 50 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ^3 24 25 COMMISSIONER LETZ: Well, the -- Lhe septic rules -- I mean, the acreage size doesn't -- isn't really a requirement on septic, or is not a requirement, and a system would have to be designed that would insure that nothing would be polluted. MS. DAMS: You know, for somebody -- COMMISSIONER GRIFFIN: It'd require licensing. These -- any septic system put on any of these lots as subdivided would require licensing, and in accordance with state rules and regulations. MS. DAMS: For somebody like me -- and this area would be lovely for a retirement home, but not if you're going to crowd multiple housing in there. It simply becomes at that point sort of an overcrowded suburban area, which is what we didn't want in the first place. JUDGE HENNEKE: Thank you. Is there anyone else who'd like to address the Court in the public hearing? (No response.) JUDGE HENNEKE: One more time, is there anyone else who would like to address the Court in the public hearing on the revision of Tract 64 and 66 of Ingram Hills? If not, we will close the public hearing and move to Item Number 8, which is consider and discuss approval of the final revision of plat for Tracts 64 and 66 of Ingram Hills, Precinct 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 ~4 .- 25 51 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court meeting was reopened.) There back in '88 or '89 that allowed -- you know, raised the tract size for a minimum of 1 acre. And, priuL to that, there was a subdivision that was done that was even, like, half-acre tracts. But, there's been probably in the number of 10 revisions out there, so there`s no prohibition on subdividing this land. That is a -- a rouyYi, Lucky area, and probably soil would have to be imported to perhaps do spray irrigation, one method of -- of wastewater disposal. So, you could pretreat it with an aerobic system and, you know, spray irrigation. we basically need about 4,000 or 5,000 square feet in order to accomplish that safely, and these are -- are very -- with a 3-acre -- 3-acre tract, you have about 120,000, 130,000 square feet, and so we just need a very, very small percentage of that area to dispose of it. And, if you start getting, you know, densely populated -- real densely populated areas, I think you do kiave to become concerned about water quality, but this is, in my opinion, still not to that density. 52 1 L 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 24 25 JUDGE HENNEKE: Any questions or comments? COMMISSIONER LETZ: Are these served by individual wells on these tracts' Or -- MR. DIGGES: Yes. Yes, currently they are. There's -- there`s a water system -- I guess it's probably Aqua Source? AUDIENCE: I believe it's about a mile or half a mile up the street. MR. DIGGES: It's a pretty good ways away. I guess if a number of folks collectively got together, they could probably afford to extend that line, buL because of the rocky conditions, it would be, you know, rather expensive, and you're probably not going to have but one or two people come along and bear that expense. COMMISSIONER WILLIAMS: I have a question of Commissioner Griffin. Larry, is this the same Ingram Hills for which we formed the road district? COMMISSIONER GRIFFIN: No. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: That's Lake Ingram Estates. COMMISSIONER LETZ: Franklin, as I recall, this is one that was started that was kind of halfway through the process before we changed Subdivision Rules, and we agreed -- 53 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2b MR. JOHNSTON: It's grandfathered. Tkie concept was in before. COMMISSIONER LETZ: -- to a variance on those two smaller lots sizes based on the good faith of the developer. We can't change the rules in the middle of a plat. MR. JOHNSTON: Right. COMMISSIONER GRIFFIN: I don't see any reason not to approve the final revision. It's -- they've done everything they're supposed to, and I'll make the motion that we approve it as submitted. COMMISSIONER BALDWIN: Second, JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Baldwin, that the Court approve the final Revision of Plat for Tract 64 and 66 of Ingram Hills, Precinct 4. Any questions or comments? If not, a]1 in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Next item is Item Number 9, which is open bids for electrical, plumbing, and heating and air-conditioning services. I have some bids. The first bid under Item Number 9 is from Benno's Electric. I'll just read their little handwritten cover 54 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 letter, which says Benno's Electric will take 540 an hour for two men and 535 for one man. We do not charge overtime. Mark-up on material is 25 percent. Next bid is from Hardin Hearing and Air-Conditioning. They have bid a total of $65 per hour for HVAC tech and maintenance mechanical support. And, final bid is from Whelan Plumbing, and they have offered a plumber at $53 per hour, a plumber helper at $26.50 per hour, with overtime rates being $79.50 and $119.25, $79.50 being one person and the other beinq the rate with a helper. Material mark-up from cost is 20 percent. COMMISSIONER LETZ: I move that we receive -- accept the bids and refer them to Maintenance for recommendation. COMMISSIONER GRIFFIN: The way this is written, this is just the opening we've got to go through. DODGE HENNEKE: That's the next item. Now -- COMMISSIONER LETZ: All right. Now I'll move we accept all bids and refer them to the Maintenance Department for recommendation. COMMISSIONER WILLIAMS: Second. DODGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that the Court accept all of the annual bLds for electrical, plumbing, and treating and 1 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 ~1 2L 23 24 25 55 air-conditioning services and refer them to the Facilities and Maintenance Supervisor for review and recommendation. Any further questions or comments"? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.} JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Mr. Holekamp, do you think you'll be in a pusition to make a recommendation today? MR. HOLEKAMP: Yes, sir. JUDGE HENNEKE: Okay. Next item is Item Number 11, which is to open bids for repair, parts, labor, service, and related items for Kerr County vehicles, trucks and vans. MS. ALFORD: We have no bids. JUDGE HENNEKE: We have no bids on the solicitation for repair, parts, labor, service, and related items. COMMISSIONER WILLIAMS: I think it`s interesting to note, Judge, t_he City of Kerrville was invited to bid, because they have a shop and they were presented with a bid package, and we've not received an answer. I think that's interesting to note. JUDGE HENNEKE; Me too. 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Zq 25 COMMISSIONER LETZ: I think -- I guess I have a question. If we're required to bid these and you don't -- and no one submits a proposal, who do you -- I mean, do you just award it to anyone you want and then you're out of the bidding requirement? JUDGE HENNEKE: Mr. Lucas, we're in need of your wisdom. MR. LUCAS: Repeat that one more time? I was looking up something. COMMISSIONER WILLIAMS: He's looking in the book. COMMISSIONER LETZ: The question is -- is that when you're required to bid under State law, and you do bid it, but you don't receive any bids, how do you go about awarding the contract? COMMISSIONER GRIFFIN: The question is, ~~an we award it sole source? JUDGE HENNEKE: Come up to the podium. MR. LUCAS: Well, I'm not really sure. I don't know. You know, $25,000 is going to be the -- you know, the threshold limit that -- that dictates whether or not you've got to bid or not to begin with, but I've never really seen that question before. COMMISSIONER LETZ: I mean, generally, on repair of vehicles, county-wide, we clearly exceed $15,000 a 57 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 year. COMMISSIONER GRIFFIN: Well, and I think -- I think I recall that we can go sole source if we receive no bids, but we'd better check that. MR. LUCAS: Well, yeah, but I think that sole source is just for if there's no one out there, almost like as if it's a monopoly unto itself. COMMISSIONER GRIFFIN: That's what I mean. But, if we -- if we have put it out for bid and we got no bids, I think the law says then we can award it to a -- on a sole source basis, but -- MR. LUCAS: Yeah. COMMISSIONER LETZ: We need your opinion. COMMISSIONER GRIFFIN: Yeah, really, on that one. MR. JOHNSTON: Or if it's something you declare an emergency on, you can -- if it's something you have to do, you can -- you can go ahead and do it. JUDGE HENNEKE: We'll have to figure out legally how we can proceed. Moving down the list, the next item would be Item Number 13, which is to open bids for body shop repairs. MS. ALFORD: One bid. JUDGE HENNEKE: We do have a bid. COMMISSIONER GRIFFIN: We have a bid. 58 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER W7LLIAMS: And the winner is? JUDGE HENNEKE: We have a bid from JDS Paint and Body, Wrecker Service. Paint and body labor, $3U an hour. Mechanical labor, $92 an hour. Paint and materials, $20 an hour. Frame labor, $32 an hour. So, that is the -- COMMISSIONER GRIFFIN: I would move that we -- oh, it's the next item. JUDGE HENNEKE: Accept? COMMISSIONER GRIFFIN: I would make a motion that we refer that to the Sheriff for evaluation and let us know if it meets the requirement. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, second by Commissioner Baldwin, that the Court accept the bids for body repair services and refer them to the Kerr County Sheriff for evaluation and recommendation. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. SHERIFF HIERHOLZER: I'll pick it up in just a few minutes, Your Honor. JUDGE HENNEKE: Come get it now. 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 59 SHERIFF HIERHOLZER: I was going to let you go to the next one. (Discussion off the record.) COMMISSIONER LETZ: He needs the exercise. COMMISSIONER GRIFFIN; You need the exercise. SHERIFF HIERHOLZER: Thanks. JODGE HENNEKE: I want to make it -- I'm sure the Sheriff understands -- just make it clear, we don't have to accept -- we don't have to approve a bid. SHERIFF HIERHOLZER: I'm concerned -- JUDGE HENNEKE: If it doesn't meet the requirements, we do have the ability to reject all bids and recycle. So -- SHERIFF HIERHOLZER: Mr. Holekamp and I talked about this. I'm just concerned about one bid. You know, we really only have one. COMMISSIONER WILLIAMS: One more than you got a minute ago. SHERIFF HIERHOLZER.: That's true. JUDGE HENNEKE: All right. The next item is to consider and discuss authorizing the sending out of the request for proposals for the communications systems for the Sheriff's Office. SHERIFF HIERHOLZER: I would refer this to Trott Communications. George Weimer is here if y'al1 have 60 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 any -- COMMISSIONER LETZ; John Stewart. SHERIFF HIERHOLZER: John Stewart. DODGE HENNEKE: John, come forward, please. SHERIFF HIERHOLZER: I think you each have a copy of the proposal. JUDGE HENNEKE: A copy of the Rr'P is in the packet. Anyone have any questions? COMMISSIONER GRIFFIN: No, I have a comment. It's one of the best RFP's I've read in a long time. MR. STEWART: Thank you very much. I noticed two mistakes while I was sitting in my r_hair here. COMMISSIONER GRIFFIN: We'11 make those changes. MR. STEWART: Dashes and dots. COMMISSIONER GRIFFIN: This looks more like the thing I'm used to seeing in the federal government and Department of Defense and NASA and that sort of thing. It's very, very well done. MR. STEWART: Thank you very much. COMMISSIONER GRIFFIN: Y'ou can respond to this. Any bidder ought to be able to respond to this very easily. I believe they will either meet the requirement or they won't, so very good job. MR. STEWART: Thank you very much. I was 51 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ^2 23 24 25 wanting to bring one thing up, and that was the process of competitive bid and how you went out for it. George had told me there was, I guess, some concern on whicki competetive bidding process to award it under. If y'all have to approve it under that, I was going to bring that up. If it's just approving this for competitive bid, and then you can select one of the two ways to do it, then we can dispense with it. COMMISSIONER GRIFFIN: I'm not sure I understand. What are the -- MR. STEWART: For competitive bidding on most things that you get, you go out, just like you did these others, you get a price back. The lowest price is generally regarded -- the compliant bid is the one that's regarded as the one that's accepted. If it's done under a -- another -- it's an alternative that's available, and since this is for public safety, you can put it under that alternative. It's a -- it's 262.030 under the laws that you have here for the State of Texas, and it's Alternative Competitive Proposal Procedure for insurance, high-tech knowledge items, and other special services. And, what this does for you is when -- when we -- and one of the reasons I didn't -- the Sheriff had asked me to bring something regarding how we would put that in a paper. Depending upon which way you select this is how you would do it in the paper, because 52 1 2 3 4 J E 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 part of this process is -- in going out for the bid is giving the -- the potential bidders the relative assignment of a value for pricing, for meeting coverage characteristics or whatever. What it does for you, then -- let's say when it comes back in, then you have the ability Lv negotiate a price, once you are given a price, whereas the other ones you're given a price and you have to accept un that price. So, I'm -- COMMISSIONER GRIFFIN: I understand now. And we -- I would recommend that we go the alternative route, because this -- and this is the way most government -- federal government and state government high-tech contracts work, is that you pick the best bid package, and then you are authorized at that point to go negotiate a final price. In other words, cost is considered, but it's alsu -- what you're looking for is best value to the government, not necessarily the low bid. Because one technical approach may be much better than another technical approach, and what this process does then is allow you to negotiate a final price, and that's the first step. You're authorized to go negotiate price, and if you can't reach a price, yuu can say, "That's it," you know, "We're not going to buy." You don't -- you don't have to accept the price as ofLered. You can negotiate it after the fact. And, with something this high-tech, edge-of-the-envelope kind oY procurement, I think E3 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 2G L 1 22 ~3 24 25 that's what we want to do. MR. STEWART: It also means that you don't have to accept, in the beginning, the lowest prime. COMMISSIONER GRIFFIN: You don't have to accept the lcwest price, because you're lookiny for the best value. 'Cause it may be the life cycle cost of this system -- you could own it for 15 years. If you accept the low bid, it may cost you a lot more over 15 years than the higher front-end cost, because it has a better life cycle cost. So, that's definitely what we want to do if we can. COMMISSIONER LETZ: Is that a motion? COMMISSIONER GRIFFIN: That's a motion. COMMISSIONER LETZ: Second. COMMISSIONER BALDWIN: Second -- third. JUDGE HENNEKE: Motion by Commissicner Griffin, second by Commissioner Baldwin, that the Court authorize the Request for Proposals for communications systems for the Sheriff's Office under Section 262.030, which is the Alternative Bidding Procedure. I presuiue that's Local Government Code? MR. STEWART: I think this is the -- the State of Texas Code, but I can get back to you on that. JUDGE HENNEKE: The appropriate -- (Discussion off the record.) MR. STEWART: It's the Purchasing and 64 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Contracting Authority of Counties under ChapteL 262 of -- I'm not sure what the "of" is. JUDGE HENNEKE: Local Government Code, I believe. MR. STEWART: Okay. JUDGE HENNEKE: Any further questions or comments? I want to ask John to take just a minute and walk us through the steps and the timetable so that we understand. Just take a quick second before we vote and tell us when these will go out, what the interim steps are, and what your role is. MR. STEWART: All right. We are going to get you sort of a framework for something on how to advertise this as we've discussed it. That shou]d be put in your local paper that's used for this sort of thing within the nett couple of weeks. That should run for a couple of weeks for people that we might inadvertently overlook. We have a list of people that we will be sending a notice to that's saying that we want a response from them, as well as what we're doing through the paper here, because we do want as many responses as possible. Those will go out. Thal will elicit people calling us or you, however we have this set up, as far as getting a copy of the proposal so that they can then bid it. We will have also sent to the people that we've contacted that they say, yes, we're interested, we 65 1 .~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2n 21 22 23 24 25 will send them a copy of a Request for Proposal. We then have a date set up here for March 14th for a preproposal conference, probably at this location, for any of these issues, maybe, that aren't discussed, at least as ~mpactinq their equipment or their response. We've -- we'll take all those questions, give everyone that's on the list the responses that we have to those, so that everybody has similar information to keep going on their bid. We then have a proposal due date of May the 11th of this year at 4 p.m., which all responses should be in here. We're, I think, requesting five copies of each; that's for -- maybe to cover all of y'all with a copy. At that time, we'll evaluate the responses. That might take -- let's say a month, just to figure out the thing, give y'all time also to review them. We'll get together with y'all and go over any things that perhaps aren't evident, or some things that we may know about their equipment that's not necessarily in their bid, and sort of let y'all evaluate which direction y'all want to go with our input and help on it. So, at that time, then, we would say, "Hey, we've chosen this one for negotiations." We'll get with them -- and, again, that may or may not be based on their lowest price. And, then have all of that dealt with, negotiate with them and see if we 66 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can qet everything aligned with how the County wants it, acid then award that to that vendor. Or if -- let's say if that doesn't work out, then go to the -- to another vendor that's responded. COMMISSIONER LETZ: Judqe, is it going to be better, do you think, for us to appoint one Commissioner to represent, or for -- to go back and forth and work witki the whole Court with Trott Communications during the process? I mean -- COMMISSIONER GRIFFIN: Let me make a Suggestion on that. The process that's being described here is what the federal system calls a source evaluation board. In other words, the board makes the decision, And I think the entire Court needs to sit as the source evaluation board for the proposals. Now, you'll have -- in essence, this is our program manager for the competition who ~s coming to us. Trott's going to be coming to us and saying, "xere were the proposals as received; here is the technical." We can even ask -- if there are several bidders, we can ask for them to come and talk to us, as the source evaluation board, make their pitch, see what they can sort of "marketeer" us, if -- as they desire. If we want to. We don't have to have that kind of competitive presentation, but we can. And sometimes that's helpful, and we may want to look at that option later on to see if there's -- what kind of interest we have and 1 2 3 4 5 6 7 8 Q 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 57 what the levels of the proposals are. It may be that Lhat would be a good thing to hear. COMMISSIONER LETZ: Looks like Larry's going to make this whole Court get high-tech literate before this is done. MR. STEWART: I would also like to make my own request, that we have the Sherift -- COMMISSIONER GRIFFIN: Oh, absolutely. I think he's going to be -- he would probably be the -- MR. STEWART: Okay. COMMISSIONER GRIFFIN: He's the customer, so -- JUDGE HENNEKE: Final recommendation is going to come from the Sheriff. MR. STEWART: Okay. COMMISSIONER GRIFFIN: That's right. We only act as an evaluation board. We can let him know what our -- our analysis of the various proposals is and what it means from a funding standpoint and all the downstream things that have to be done, but -- but if -- that's a clean process. It really -- and it works. It works. JUDGE HENNEKE: Any other questions or comments? Sheriff, do you want to add anything? SHERIFF HIERHOLZER: The only thing, I agree with Commissioner Griffin. I think once we get to that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 58 point, the entire Court, due to the size of this project and the financial impact it's going to have -- just anticipated cost -- I think this needs to be something that is done, especially with Trott Communications, 'cause they have the expertise that 1'll never have in the communications field. But, their guidelines, what they've said in here, and hopefully the completion date of having it totally going and installed of January lst, 2002, I think is none too soon. We definitely need it, but it needs to be something -- because of the financial payment plans through the County Attorney's office and how the County can pay for this type of deal is going to be something the entire Court needs to be made aware of. JUDGE HENNEKE: Thanks, Sheriff. We have a motion made and seconded. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion passes. Thank you. MR. STEWART: Thank you. COMMISSIONER GRIFFIN: Judge, I might just add -- you indicated that there were a couple of minor revisions? MR. STEWART: Some dots and dashes, and I'll 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 69 have that done up for you -- COMMISSIONER GRIFFIN: Those kind of things in something this complicated happen. So, we'll -- the draft version that goes -- the version that goes -- this is the draft. There will be a final version that actually games out for RFP, just so everybody understands. MR. STEWART: You should have that by Friday. JUDGE HENNEKE: Let's take a 10-minute break, return promptly at 20 minutes till 11:00. (Recess taken from 10:30 a.m. to 10:40 a.m.) JUDGE HENNEKE: All right. Let's reconvene this meeting of the Kerr County Commissioners Court. Next item for consideration is Item Number 16, consider preliminary revLsion of a plat for Tract 44 and 95 of Kerrville South II, Precinct 1. Commissioner Baldwin. COMMISSIONER BALDWIN: Excuse me, got a Milky Way stuck in my throat. County Engineer. MR. JOHNSTON: Yes, sir. COMMISSIONER BALDWIN: My question -- dadgumit. My only questions are on the note from Headwaters Underground Water District, it says -- a couple paragraphs down, it says, "Please be advised there is a $50 plat review fee payable to the District." Do you know if all that -- and on the routing slip, as well. It doesn't show that the 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~o fees have been -- MR. JOHNSTON: I don`t see him here. I don't know, can't answer that. At the time it wasn't paid. MS. ALEORD: County Clerk's office? Is that what you're speaking of? COMMISSIONER BALDWIN: We11, one of them is the County C]erk's office, yes. MS. ALFORD: Apparently, their copy does not have my signature. The copy I have in my office has been paid. COMMISSIONER BALDWIN: It has been paid? MS. ALFORD: For the County Clerk's. COMMISSIONER BALDWIN: For the County Clerk's. I wonder about the Headwaters. JUDGE HENNEKE: I believe the note says that $50 can be paid when they bring the final mylar in for signature. MR. JOHNSTON: They sign the little deal, but they -- COMMISSIONER BALDWIN: Signed off on it? MR. JOHNSTON: It doesn't really indicate. I'd like to see if they signed the mylar, but -- JUDGE HENNEKE: This is a preliminary. MR. JOHNSTON: Oh, okay. The preliminary, okay. 71 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Goes anyone have any questions about the preliminary revision? MR. JOHNSTON: You know the background of this? Want to go over that a little bit? JUDGE HENNEKE: Go ahead. MR. JOHNSTON: Lot 49 dug a well and they inadvertently dug it on Lot 45, and so subsequently they moved the property line that little angle, and that's what they had to do to get the easement for the well, sanitary easement. JUDGE HENNEKE: Do they have all the required easements from the property owner? MR. JOHNSTON: What Buster just read, we got an e-mail from Headwaters that all the requirements were met eYCept that one payment. I guess that would be for the final plat -- sorry, this is a preliminary. So -- COMMISSIONER GRIFFIN: I have no questions, but I have a comment, that the word "preliminary" was left off of this document. And I think, just to make the -- clarify that we are approving a preliminary plat and not a final, in case somebody wanted to guardhouse lawyer -- I mean, lawyers don't do that, but -- MR. JOHNSTON: It should be marked or stamped or something. COMMISSIONER LETZ: The only question I have 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 is -- this kind of goes into a discussion on the next one as well, but as a revision, they don't need a public hearing under our current rules? MR. JOHNSTON: Under our current rules, they do, yes. COMMISSIONER LETZ: As our rules are right now. 1 mean, this may or may not, depending on what we do under discussion on the next item. MR. JOHNSTON: 1 think this one was actually started back -- golly, a long time ago. We've been waiting on Headwaters to approve it. I don't know if you'd call this one grandfathered or not. This is a preliminary, so -- COMMISSIONER LETZ: I'm just raising the issue. It's up to Commissioner Baldwin and -- and Road and Bridge as to whether it's grandfathered under our previous rules or is under the new rules. MR. JOHNSTON: I think the survey was made September 1, 2000, so it`s been around awhile. And the hang-up was Headwaters getting the easements properly drawn, so I don't know if that qualifies or not. COMMISSIONER LETZ: Probably does, in my opinion. J~D,E HENNEKE: Any questions or comments? Where are we? COMMISSIONER LETZ: It's -- 73 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 COMMISSIONER BALDWIN; Uo you recommend Lhat we approve? MR. JOHNSTON: Yes, I recommend approval. COMMISSIONER BALDWIN: I move that we approve the preliminary revision of plat, Tract 44 and 45 of Kerrville South II. COMMISSIONER LETZ: Under our previous Subdivision Rules? COMMISSIONER BALDWIN: Yes. It's been around longer than -- than our adopting -- COMMISSIONER GRIFFIN: Motion -- second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve the preliminary revision of plat for Tracts 94 and 45 of Kerrville South II under the previously adopted Subdivision Rules. Any questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Next item is Item Number ]7, consider preliminary revision of plat for Tracts SA and 6A of Whiskey Ridge Ranches, Precinct 3, and set public hearing date for the same. Commissioner Letz? COMMISSIONER LETZ: This is very similar to 1 .-. 2 3 4 5 6 7 8 9 10 11 1~ 13 19 15 16 17 18 19 20 21 22 23 24 25 74 the previous one, what used to be called a minor revision or minor replat. But, due to the perseverance of the developer on this one, Mike Lindley -- he's talked to me several Limes about this and seeing if there was a way we could go back to our old format of doing minor replats, as we used to Lean them. And, I said -- you know, he referred it to David Jackson to review our Subdivision rules and current stale law, and has come up with a possibi]ity that we may be able to go back to our old rules, and I've referred that to the County Attorney to look at. It doesn't really affect this one. I've told Mr. Lindley that, you know, current rules are current rules. We need a public hearing, but we -- just from an information standpoint, there's a possibility we might revise our new Subdivision Rules if we can find a way to allow discretion on the revisions so we don't have to yu through -- on minor revisions, we don't have to go through that full public hearing process, and that's being passed, like I said, to the County Attorney's office. But, this one is just a -- two brothers, I understand'? property line goes through the corner of a lake which they share, okay? But one cf the sisters says, "Well, we're going to move and change our plans," and so on. From a 1 ,._ 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .4 25 75 marketing standpoint, nobody wants to share a lake, so the common line that goes between the property said, "Well, I'll sell you two and a half acres and buy your portion of the lake, and then it goes with my home, and you end up" -- minimum requirement's 25 acres -- "you end up with 38 acres. We've qot 42 and a half." Okay. The line does not affect the access, does not create another tract. It's not a hardship on anybody else in the -- in the development. So, my question is, on an obvious situation like this, why do we have to go back through all the fees of a preliminary, a public hearing, a final plat? It causes a hardship on them. It costs $400 worth of fees, plus it takes 60 days for them to be able to market their property. Isn't there some flexibility in this situation, when we see an obvious deal like this? We can have it before you folks and the County Engineer, so if there is some problem there, that's a stopgap, but if -- if not, we can just do a preliminary hearing and go on with this deal. And other situations that may come up on large tracts where it doesn't affect anybody, doesn't affect the building site or the home or the well, is there some flexibility in the regulations? COMMISSIONER LETZ: That's being done. We're -- and it's been referred to the County Attorney, and we're taking a look at it. But, as for this one, I move that we approve the preliminary revision and set public 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 hearing for -- when's our first meeting in March? March 12th? Set the public hearing for March 12th. COMMISSIONER WILLIAMS: I second that. i have a question. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court approve the preliminary revision of plat for Tracts 5A and 6A of Whiskey Ridge Ranches and set a public hearing for 10 o'clock a.m. on Monday, March 12th, 2001, here in the Kerr County Commissioners' Courtroom. COMMISSIONER WILLIAMS: Mike, this dotted area that looks like a lake, is that -- that's shown on there, is that the lake? And, if so, how have we gotten it off of one parcel? MR. LINDLEY: No, no, no that's the proposed 100-year floodplain. COMMISSIONER WILLIAMS: Where is the lake'? MR. LINDLEY: The lake -- if you compare the two tracts, the previous line, the lake's right here. So, this little jag right here moved it out to the edge of the lake, and of course the lake now goes with the home, and we've got a building site. One sister owns that. We can sell the lake. COMMISSIONER WILLIAMS: That was confusing as to where exactly the lake was. 77 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 G1 22 23 ~4 25 MR. LINDLEY: All we did is move it two and a half acres around the spillway. COMMISSIONER BALDWIN; Are these -- is tkiis ]ot -- Lot 5A is 37.76, and 93; is that correct numbers? MR. LINDLEY: Yes. COMMISSIONER BALDWIN: Not exactly the numbers you threw out a while ago. MR. LINDLEY: I was just giving you a ballpark. This is what the previous numbers were. But, it was, like, 2 acres, or a little over ^_ acres. COMMISSIONER BALDWIN: I think our regulations say that Mike Lindley's minimum lot size has to be 50 acres, doesn't it? (Laughter.) COMMISSIONEK GRIFFIN: 7 have a quesLiuii. Again, it goes back to the form. The word "preliminary" is left off of here, which is okay as long as we have a preliminary stamp or something to put on these things so that we don't get confused between -- COMMISSIONER BALDWIN: That's good. COMMISSIONER GRIFFIN: -- a final plat. MR. LINDLEY: Well, we left that off hoping, Commissioner Griffin, that you all would ]ook at this as a final plat and gc ahead and approve it. We didn't want to clue you in -- 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Didn't want to exclude that possibility? MR. LINDLEY: Yes, sir, right. COMMISSIONER GRIFFIN; preliminary stamp wou]d work. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vcte.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: I would like to thank Mike Lindley for taking the time to have another attorney review our Subdivision Rules. And, if we make some clarification to them, we might make things easier for us and the developer. JUDGE HENNEKE: Absolutely. The next item is Item Number 18, consider and discuss establishing a speed limit of 30 miles an hour on Center Point River Road, eastbound, beginning at Brinks Street, and set a date for public hearing. COMMISSIONER WILLIAMS: I've had a lot of folks talk to me about excessive speed on that area oY C.P. P.iver Road that is within -- essentially within the former corporate limits of the City of Center Point. 7 asked 79 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l 22 23 ^4 25 Franklin and Road and Bridge to put their little rubber bands across the road and take those speed tests. Franklin, would you please step up and address that for us as to what we discovered there? MR. JOHNSTON: Well, we tested that road at three locations; one at Brinks Street and one down at the southern end, one on the other side of the river. The 85 percentile speeds on River Road itself was generally all 50, 55, in that range. Less than 55 miles an hour, so 1 don't see a problem with -- with that. I think the county roads, the default is 55 if they're not posted, so we're well within that. The area of concern, of course, is Brinks Street, which is in the old corporate limit of Center Point, which there's houses and it's a -- you know, a city subdivision-type -- COMMISSIONER WILLIAMS: Goodly number of children in the area. MR. JOHNSTON: They're going also 55 miles an hour in that area, so that's -- I think there's an existing court order that set -- all of the areas of Center Point was set at 30 miles an hour -- 30, 35. So, we may just need some enforcement down there. COMMISSIONER BALDWIN: I think all -- there's a 30 mile-an-hour speed limit in all Kerr County subdivisions. y 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 80 MR. JOHNSTON: Mm-hmm. COMMISSIONER BALDWIN: Sy court order. COMMISSIONER WILLIAMS: So we're already covered, is what you're saying? COMMISSIONER BALDWIN: If we're talking about a subdivision. Well, we're probably talking about more than a subdivision. MR. JOHNSTON: Center Point probably consists of severa] -- COMMISSIONER WILLIAMS: Possibly comprised of more than just subdivisions. MR. JOHNSTON: But there are subdivisions, so it would probably just need some enforcement. COMMISSIONER LETZ: Is that all -- I mean, is that stretch all within a subdivision? COMMISSIONER WILLIAMS: It's all within the former corporate limits -- COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: -- of Center Point. COMMISSIONER LETZ: I would be surprised if that's a platted subdivision. COMMISSIONER BALDWIN: I would too. COMMISSIONER LETZ: Right along -- MR. JOHNSTON: Probably all the subdivisions in all of the old corporate limits were platted, you know, 81 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back in the early 1900's. COMMISSIONER LETZ: As a subdivision in any way -- MR. JOHNSTON: I don't know if they -- they called them that back then, but -- COMMISSIONER GRIFFIN: If you go through the process with settinq the speed limits, then there's no question. COMMISSIONER LETZ: Right. COMMISSIONER GRIFFIN: Okay. COMMISSIONER WILLIAMS: And I think it's interesting -- just another piece of information. Franklin gave me some accident reports from D.P.S., and this particular stretch of ground, we've had speeding, driver inattentive, evasive action, animals, impaired -- alcohol impaired, and so forth. So, I think it's a safety measure. And, while the agenda item, I think, says -- 1 know it says -- we talk about eastbound. We're really talking about within the corporate limits east and westbound on that particular stretch of road. COMMISSIONER LETZ: Where -- going down Rivez Road where? Brinks Street? What is the stretch, from where? The first big house you come to, to the river? I mean, into where it crosses the river? Is that what -- COMMISSIONER WILLIAMS: Essentially, yes. 82 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JOHNSTON: I think the corporate limits is back down the road where that big ditch is, the drainage structure goes across the road. And then, actually, Brinks Street -- there's two or three streets before you get to Brinks Street. It`s -- it should be at the limit, I think, of the corporate limit -- old corporate limit. COMMISSIONER WILLIAMS: WYrat was the former -- that`s where we used to have the sign posted, "County Maintenance Ends," that same point. Do you remember, Jonathan? COMMISSIONER LETZ: Looks to me like we ought to go from Bolin Drive to -- MR. JOHNSTON: Yeah, Brinks is riot the first street. It should be down toward the end of the -- COMMISSIONER LETZ: From Bolin Drive, based on this map, to where it crosses the river. COMMISSIONER WILLIAMS: We need to amend that to say Bolin when we set the public hearing. Bolin -- (Discussion off the record.) COMMISSIONER WILLIAMS: Let's make it Bolin right now, both east and westbound. JUDGE HENNEKE: That's his motion. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Public hearing on the 12th of March? 83 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 G2 23 24 25 JUDGE HENNEKE: Right. Motion by Commissioner Williams, second by Commissioner Letz, that the Court establish a speed limit of 30 miles per hour on Center Point River Road, beginning at Bolin Drive and continuing both east and west there, and set a public heariny uri the same for Monday, March the 12th, Year 2001, at 10:15 here in the Kerr County Commissioners' Courtroom. Any questions or comments? COMMISSIONER LETZ: Question. COMMISSIONER GRIFFIN: Comment -- go ahead with your question, COMMISSIONER LETZ: Bolin Road is on the western fringe of Center Point, so if we go westbound of -- I mean, we only want to go east of Bolin Road to the crossing on the Guadalupe River. JUDGE HENNEKE: Okay. COMMISSIONER WILLIAMS: Right. r_OMMISSIONER GRIFFIN: And my comment was -- was that it would sure be handy on these kind of things to have at least a sketch highlighted along the area that we want to establish a speed limit. COMMISSIONER WILLIAMS: I'll provide that as well. COMMISSIONER GRIFFIN: So that we can look at it and answer questions. 84 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 19, consider and discuss approving the annual accounts and status of investments pursuant to provisions of the Texas Probate Code 887(b) Jannett Pieper. MS. PIEPER: This is not actually a requirement. The Code just says that I have to make a written report of the status of investments, which we did want to hear anyway, and this is a -- a copy of what is sent out. This just shows the original investment that was made, the date it was made on, the interest that was paid, the name of the depository, and the type of investment that was made. JUDGE HENNEKE: Does anyone have any questions regarding the report on the annual investments? COMMISSIONER GRIFFIN: Do we need a motion to accept the -- JUDGE HENNEKE: Let's have a motion to accept. COMMISSIONER GRIFFIN: I'll make a motion we accept the -- 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: -- annual -- JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court accept the annual accounts and status of investmecits pursuant to provisions of Texas Probate Code 88~(b) Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Next item is Item Number 20, consider and discuss reimbursement of interest per District Court order. Linda Uecker. MS. UECKER: Well, I wish this one would be that easy. I'll give you some basic history. There was an order entered on October -- oh, I take that back -- May the 31st by Judge Ab1es, Stephen Ables, directing the District Clerk to deposit 105-plus thousand dollars into the registry of the court. Attached to the order was a check. Somehow -- and I have my suspicions as to how all this happened, but anyway, it doesn't matter at this point. It happened. The check was attached to the order. The order was put back in the file. The file was put back on the pending shelf with no file mark, nothing. I did an inquiry with all my staff; 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 86 no one had seen it -- you know, how it got there, so we don't know. Then, on October the 19th, we quite by accident discovered the check in that file. So, what has happened is that the parties to this suit have lost some interest, interest from May the 30th to October the 19th. One of the parties did file a claim for the -- the lost interest. I got a statement from the bank saying that the interest lost on this account was $1,564.50. The one party that filed a claim is entitled to 65 percent of that lost interest. The other party did not make a claim; however, I did turn this over to -- the party with the 35 percent is what i meant. We did turn it over to my errors and omissions. There is a $1,000 deductible. They did send -- 1 do have a check here for $16 and something from Mission Claims Services, and so I'm asking the Court to reimburse Farbara Jane White the amount of $1,016.92, which is her 65 percent of that interest. I'm also asking to add an additional $35.59 to that, which is the interest that she lost from October the 19th till now, having lost use and benefit of that interest. COMMISSIONER GRIFFIN: Compound, yeah. MS. UECKER: Okay. You understand what I'm saying? Then there's the issue of the other party, the 35 percent of the interest, which was $59/.58. That went to a~ 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Bailey, who was the cross-defendant in the suit. He has not filed a claim for that interest. I don't know if he doesn't realize that he's lost interest or what, but I -- I am asking at this point, as a good gesture, for -- to also reimburse him for his lost interest. 7 think it would be good for the County to do that, since that's what the order says, and maybe alleviate later on findinq out that, you know, he did lose some interest, and coming back then and we go through all of this again. It's up to the Court. COMMISSIONER WILLIAMS: What's the total amount? MS. UECKER: Total amount is $1,619.26. COMMISSIONER BALDWIN: You have given us about 12 or 13 different numbers, and not one of them are on this sheet of paper. MS. DECKER: That's because I didn't know at the time. I had to make that exactly what those numbers were, and I apologize for that. COMMISSIONER BALDWIN: What was the total? JUDGE HENNEKE: Total is $1,619.26. MS. UECKER: As a matter of fact, between -- JUDGE HENNEKE: Which is divided up, $1,016.92 for Barbara Jean White and $547.58 to Mr, Bailey. COMMISSIONER WILLIAMS: When does the meter stop running? Do we have a stop loss on this or what? 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 88 COMMISSIONER GP,IFFIN: 't'his will do it. MS. UECKER: As soon as we write this check. COMMISSIONER GRIFFIN: 1 have a question, though. You know, where does the deductible under the insurance figure into this? MS. UECKER: My errors and omissions. COMMISSIONER GRIFFIN: PJO. But, I mean, that was the total amount. Is that after the $1,000? I mean, that's -- where is our -- MS. DECKER: No, that is the total amount. The deductible -- see, this Mission Claims did not include in their claim the loss to Jerry Don Bailey. You know, that's another issue. Do you go back and file another claim with them? COMMISSIONER GRIFFIN: i think you have to. MS. UECKER: You know, we would get -- the money would come directly to us then. And I will do that. COMMISSIONER GRIFFIN: But if this is a one-time occurrence, it would seem to me that if this was all on one error or omission, as the insurance probably covers it, then we would have to pay $1,000, and that the balance of the $1,500-plus would be paid by the insurance company. JUDGE HENNEKE: Well, let me just short-circuit this. Linda and I have talked about this, and 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 Linda's not going to get a lot of cooperation from the insurance carrier, and I believe Travis is now working on her behalf to straighten that out. We need to pay the money. COMMISSIONER GRIFFIN: Oh, yes. JUDGE HENNEKE: We can't wait till the insurance company pays its share. What we're going to -- what Linda's asking us to do is to authorize payment of the full amount, and then when we get the money back from the insurance company, then all the County would be out was the $1,000 deductible. COMMISSIONER GRIFFIN: Okay. That's my question. JUDGE HENNEKE: This will take care of these people at this time. Correct, Linda? MS. UECKER: And, you know, to make things more understandable, I think it happened because of a misunderstanding of files being brought back from the courts to the Clerk's office. And we're, you know, addressing a procedure that wouldn't allow those files to go to -- back directly into the pending without us having checked them first to see if there's anything that needs to be done in them. JUDGE HENNEKE: And the funds for this would come from Nondepartmental Contingency; is that correct? 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 29 25 90 MS. UECKER: That's what 1 understood, yes. COMMISSIONER WILLIAMS: Just one final question, Linda. MS. UECKER: Okay. COMMISSIONER WILLIAMS: The $1,619.26, that brings through today? MS. UECKER: Yes. COMMISSIONER WILLIAMS: Okay. MS. UECKER: Mm-hmm, and I have already alerted Mrs. White and told her that that check would probably be drafted by this afternoon. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: Any questions or commentsl MS. UECKER: My only other question is -- and I haven't really discussed this with Travis -- is would he need to draft some type of a release for them to sign -- for her to sign? Especially -- JUDGE HENNEKE: I would think so, but we'll leave that up to him. MR. LUCAS: Yes. MS. UECKER: Can you do that by this afternoon? MR. LUCAS: Yes. MS. UECKER: What a guy. JUDGE HENNEKE: Do I have a motion? 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Yes, you do. JUDGE HENNEKE: Commissioner Baldwin is just chomping at the bit. MS. UECKER: I apologize, Commissioner Baldwin, but Travis and 1 just came up with the exact figures, you now, about an hour ago, actually. COMMISSIONER BALllW1N: No apology necessary, Mrs. Uecker. JUDGE HENNEKE: We have a motion. Do we have a second? COMM1SSlUNER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court authorize payment of $1,052.51 to Barbara Jean White, and $597.58 to Mr. Bailey, for a total of $1,619.26, for interest owed on sums awarded by the District Court; that such sums be taken out of the Nondepartmental Contingency line item, and that the Court authorize handchecks for those amounts. MS. UECKER: I only have one other question of the Court and the County Attorney's office. The check that I have here is for $16.95, which is Mrs. White's part of that settlement, minus the deductible; $16, but I have -- I'm not going to sign anything, because it says here "full and final settlement." And if -- I'm not -- I don't know 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 92 what to do. JUDGE HENNEKE: You just need to work that out with mr. Lucas, let him hand]e that. MS. UECKER: I'll let Travis take care of it. JUDGE HENNEKE: Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Thank you, Linda. MS. UECKER: Thank you very much. JUDGE HENNEKE: I think it's worth noting that this is the first time this has happened in Linda's long and distinguished time that you've been here. MS. UECKER: Thank you. Yes, and hopefully the last. JUDGE HENNEKE: Pretty good system, absolutely. Ner,t item is Item Number 21, consider and discuss request from the Kerr County Fair Association to place a portable building on the Exhibition Center property to house Fair Association supplies. Mr. Holekamp? MR. HOLEKAMP: Okay. The little note in your -- it should be self-explanatory. The Fair Association has requested a space -- a nondetermined space. I mean, it's at our -- our discretion wherever they place it, but 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's a 16 x 16 building in good repair. That will be a portable building. It can be moved if needed to be, and they have asked if there is a possibility that it be placed on the Exhibition Center property out of the way, everything to -- as much as possible. COMMISSIONER BALDWIN: I don't have any problern with it. I'd like to know where it's going to go. COMMISSIONER GRIFFIN: I don't see any problem with it, except there's one question and that is liability and insurance, responsibi]ity for the stuff therein. For example, if for some reason the building was broken into -- or I know it wculd be a metal building, but if it burned down or got knocked over or something, the County should not be responsible for what's in it. COMMISSIONER BALDWIN: I mean -- COMMISSIONER GRIFFIN: Or the building. So, we need to make sure that there's some kind of agreement, I would think, or something that -- where the County has no liability of any kind, tort or otherwise, from what goes on in and around that buildinq. COMMISSIONER LETZ: I agree. COMMISSIONER WILLIAMS: And, the answer to Commissioner Baldwin's question was that Mr. Holekamp discussed with -- with me, and I guess with Commissioner Letz, or maybe I discussed it with Commissioner Letz, the 94 1 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ^3 24 25 placement of this storage facility, and there were two locations suggested. I'm not sure which one they finally settled on. One of them was behind the existing horse stall barn, which is an open barn, between it and the fence line on Riverside Drive. And the other area was suggested by Commissioner Letz, and that's over somewhere in the general proximity of the outdoor arena, and there's an outdoor restroom facility there as well. Which one did you finally settle on? MR. HOLEKAMP: I have not. I left it open for the Court to -- COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: My reasoning for suggesting over by the -- where the re.strooms are is that there is more activity with livestock around the horse arena, and it's just more of an obstacle and might present a problem. And there's not much traffir_ goes over near the -- the restroom facility. That was my reasoning for that. COMMISSIONER BALDWIN: Second, COMMISSIONER LETZ: That was a motion. COMMISSIONER GRIFFIN: But does the motion include this point I just made? COMMISSIONER LETZ: Yes. COMMISSIONER GRIFFIN: A hold-harmless agreement between the Fair Association and the County, and 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authorize County Judge to sign same. COMMISSIONER. LETZ: Just what I said. COMMISSIONER WTLLIAMS: That's fine. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve the request from the Kerr County Fair Association to place a portable buildinq near the outdoor arena/restroom facilities on the Hill Country Exhibition Center grounds to house Fair Association supplies, subject to the execution by the Fair Association of an agreement holding the County harmless from any and all possible claims and causes of action arising from the building or its contents or the operation thereof, and giving County Judge approval to sign the same. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 22, consider and discuss resignation of Chuck Brecher from the Kerr County Solid Waste Code Enforcement Officer position, and also the Kerr County AACOG representative for Solid Waste and Closed Landfill Committee. Mr. Holekamp. MR. HOLEKAMP: It's just -- it was just an official act to advise the Court of Mr. Brecher's intent to 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- intentions to leave this particular position, and he's taking a full-time position within the county for the Sheriff's Department. So, this was to notify you and give you a final report of his activities from October until, I guess, January 31st. COMMISSIONER BALDWIN: Mr. Holekamp, what are you going to do about replacing him? MR. HOLEKAMP: That's -- I was hoping for the Court to give me that direction of what they chose. And -- and that -- this may not be the time to really visit about it. It's really not on the agenda, but this particular position is funded by grant monies through AACOG. There is a possibility that the grant money may not be eligible -- or we may not be eligible for grant money under this particular kind of a program this coming year due to the -- we've been getting it three years. So, what I -- I think that decisions have to be made. We're good through spring until October 1 for sure, because it's funded. But, I think it's up to the Court to decide how they wish to pursue this; iT they wish to try to find somebody part-time temporarily, or -- because at budget time you decide how much you're going to spend on a particular budget, salaries or whatever. So, I feel -- COMMISSIONER BALDWIN: Let me tell you what one of my concerns is. And, you know, as you know as the 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 department head, I've used this service quite a bit in my precinct, and there's several -- there are several areas that Mr. Brecher investigated, and the public calls me on the phone and says, "Commissioner Baldwin, when are we going to do something about this particular pile of junk?" And so I call Mr. Brecher, and Mr. Brecher says, "Well, you can rest assured we're going to get it done." And it hasn't been done. So, I'm -- I'm going to take no -- I'm not going to take the heat on it. You are. But there's going to be some heat. So, my concern is, when are you going to fill it? And, it's your position. It's not the Court's position to fill; it's your position. MR. HOLEKAMP: Well, I understand the Commissioner's thoughts, but do you -- do you go out to advertise for a position that everyone on the inside knows that it possibly would go away October 1? I guess that's what I'm asking. COMMISSIONER BALDWIN: Okay. MR. HOLEKAMP: Because I don't know if the Court is ready to commit to say, yeah, we're going to fund it at this level October 1. Because I would hate to be in a position to hire a man for $12 an hour, and then come back October 1 and I'm going to say, "Well, I'm sorry, we're only going to pay 7 and a half from now on." So -- so what I'm saying is -- 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: So you're not going to fill the position? MR. HOLEKAMP: No, I didn't say that. I said some direction of the Court as to -- do you fill it with law enforcement again? COMMISSIONER BALDWIN: Well, isn't that the kind of grant that we -- that we received'? MR. HOLEKAMP: At this time, yes. JUDGE HENNEKE: It's not a law enforcement grant, though. MR.. HOLEKAMP: Not a law enforcement -- COMMISSIONER BALDWIN: Code Enforcement? MR. HOLEKAMP: No. At this time, due to our group things, he's a certified peace officer. COMMISSIONER WILLIAMS: Following up on Commissioner Baldwin's -- JUDGE HENNEKE: Is that a requirement of the grant? MR. HOLEKAMP: No, it's not a requirement. But the way we asked for the money in the grant was -- it was listed as certified peace officer. COMMISSIONER WILLIAMS: Following up on Commissioner Baldwin's -- MR.. HOLEKAMP: At that time. COMMISSIONER WILLIAMS: Following up on 99 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 ~0 21 22 23 29 ~5 Commissioner Baldwin's concerns, you and I had a discussion about the same matter, and I agree, Commissioner, we need to fill this spot. We need to fill it now, even though funding from AACOG only takes up through September 30. That's a long time. That's seven months. MR. HOLEKAMP: Mm-hmm. COMMISSIONER WILLIAMS: I agree, I don't want to see us go seven months without some Code Enforcement in this particular area. I think -- even though you and I talked about you assuming some of these responsibilities, I think you've got enough on your plate. I think we need to find somebody we can hire, that you would recommend us to hire, and that person be paid in accordance with the funds that were given to us by that grant for this particular purpose. And, I think we need to do it now, even though the Court hasn't made a decision as to continuing the -- continuing this particular service to Kerr County citizens. Although I, for one, believe we should, but that's for another day and another time. COMMISSIONER LETZ: I think what -- what I hear Mr. Holekamp asking for is direction, or is there some -- is there a chance it's going to be funded in the future by the County? I mean, so he can tell that -- COMMISSIONER GRIFFIN: I would -- I would be in favor of continuing this function, even if the County had 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to fund it, because -- and, in fact, it needs to be developed then for the same reason Commissioner Baldwin pointed out. There's several problem areas where I'm -- I wish this could be more than part-time. COMMISSIONER BALDWIN: Me too. COMMISSIONER GRIFFIN: Because where we have a problem, it's very difficult to get a part-time person out to see what the problem is, and then to take enforcement action to correct it, and that's difficult. I'm not -- I'm not criticizing anybody. It's just hard to do on the basis of a part-time job. I think this is something that we ought to be concerned enough about that -- at least my sense is that we would continue funding it, even if we don't get a grant. We'll go for every grant that we can get, but in the budget process, we might even look at strengthening this function with County funds. COMMISSIONER BALDWIN: Of course, we don't know what we're going to do at that point. COMMISSIONER GRIFFIN: That's right. COMMISSIONER BALDWIN: And any agreement -- I think we should do everything we can to keep the program going. But, we're in -- we're inside a -- an annual program right now, and -- and I -- I have made some commitments out there that we're going to clean up some things. And I think that we should at least try to finish those cases that have 101 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been opened by him. And, I don't know if you can go to Rusty and get a part-time deputy that -- who would like to pick up -- I mean, I don't have any idea whu could do this part-time, or through the remainder of this year. I don't know. COMMISSIONER GRIFFIN: I think we want to fill the position. I think the sense of ttie Court is that we ought to fill this position, keep the function going. COMMISSIONER BALDWIN: I agree. MS. NEMEC: Judge, I know where Glenn is coming from, and if I can just say something, it's going to be hard for him to go and find someone and tell them that he's paying them $12 an hour; however, in September, he doesn't know if the job is going to be there or not. And I think what I'm hearing from him is, he just wants to see how you all feel; that if he does not get the grant, are y'all going to make that a priority to keep Lundiug that position so he can at least tell this person, "I only have a grant through the end of December; however, I believe that I have the Court's backing, that we'll somehow or another try to keep that position intact," rather than say, "I don't know. We're just going to have to find out in September what's going to happen." JUDGE HENNEKE: Well, we can't make budgetary projections. I think he could easily say Lr~m the sense of 102 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 ~1 22 23 24 25 discussion that it's the consensus of the Court that the position would be funded. MS. NEMEC: That would help. MR. HOLEKAMP: Yeah, that helps immensely. COMMISSIONER BALDWIN: Probably be in the newspaper tomorrow. That would help. JUDGE HENNEKE: So, I think what -- what's coming out of this is the direction from the Court to go ahead and advertise and fill that position riow. The only question in my mind is whether it has to be a certified peace officer or not. MR. HOLEKAMP: I'll -- COMMISSIONER BALDWIN: It does riot. MR. HOLEKAMP: I'll look at some -- I'll research that a little bit before 1 do it. Let me get back -- JUDGE HENNEKE: I would certainly think that you have the guidance you need to go ahead and fill the position and -- and say it's your understanding that the consensus of the Court at this time is to continue the program. MR. HOLEKAMP: Okay. Thank you. COMMISSIONER GRIFFIN: I would also add that if it is possible to have a peace officer -- and Commissioner Baldwin may have some of the same experiences 103 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 that I've had. There are some of these enforcement actions that can get pretty nitty-gritty. MR. HOLEKAMP: Yes. COMMISSIONER GRIFFIN: And, having a certified peace officer doing that job is certainly, I would think, desirable. It may be not necessary, depending, but it would certainly be desirable to have enforcement experience in that job. COMMISSIONER BALDWIN: I've had several conversations with Glenn and Mr. Brecher about that when we started the program, when we went to AACOG and get the grant in the first place. Lt -- I've always been uncomfortable about somebody walking up to my neighbor's door witki a pistol on his hip, you know, to tell him he needs to move that junk car out there. But, that badge is good. The badge is good. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER BALDWIN: The pistol's a little bit strong at times, I think, but he has -- COMMISSIONER LETZ: You may want to visit with the constables. One of them may be willing to take that on as an additional assignment. They're certified peace officers, and they -- COMMISSIONER GRIFFIN: Perhaps constables. MR. HOLEKAMP: Well, that's what Mr. Beecher 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 104 was. COMMISSIONER BALDWIN: That's right, JUDGE HENNEKE: He was a deputy constable. COMMISSIONER BALDWIN: Deputy constable. Thank you, Glenn. MR. HOLEKAMP: Thank you. COMMISSIONER LETZ: Move we accept Lkie resignation of Chuck Brecher. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court accept the resignation of Chuck Brecher from the Solid Waste Enforcement position and the AACOG committee. Any questions or comments? COMMISSIONER BALDWIN: I guess we need Cu now replace that person on the AACOG committee? JUDGE HENNEKE: We will, but we might want to wait and see who we qet as a replacement. COMMISSIONER BALDWIN: All right. JUDGE HENNEKE: All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. At this 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 time, I'm going to suggest that we skip to Number 24 and 25 since we have some citizens here for those items. Let's take up Item Number 24, consider and discuss grantLng a variance to O.S.S.F, licensing requirements to Eddie and Joyce Sowell. Commissioner Williams? COMMISSIONER WILLIAMS: This is the issue that we brought before the Court last meeting in January, and at that time, after listening to some of the issues involved in this, the Court said, "Let's think about it aria come back on another day." In that interim period of time, I asked Mr. Sowell to avail himself of the services of a licensed sanitarian to inspect his system and to determine, for the Court's benefit, whether or not it is functioning properly as of today, as of this date, and to bring any evidence of that that he has or any written reports about that so we ~~an have that available for discussion. Mr. Sowell, it's all yours. MR. SOWELL: Yes. I did have a sanitarian engineer come out there and overlook my property -- my septic system. I do have a copy for each one of y'all to take a look at. DODGE HENNEKE: A11 right. COMMISSIONER BALDWIN: Thank you. MR. SOWELL: You're welcome. COMMISSIONER BALDWIN: Is "puddling" a 106 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 technical word? Puddling? MR. SOWELL: I did bring -- if you'd like to ask him, I did bring -- I asked Mr. Seidensticker to be here today. COMMISSIONER WILLIAMS: Ask him to come up. MR. SOWELL: Mr. Seidensticker? COMMISSIONER WILLIAMS: Let me start by asking a question of Mr. Seidensticker. MR. SEIDENSTICKER: Yes? COMMISSIONER WILLIAMS: Before I ask a question, tell us who you are and what you do. MR. SEIDENSTICKER: I'm Hoyt Seidensticker. I reside in Kendall County, Texas. Waring, Texas. I'm a registered sanitarian, with experience in on-site septic systems and numerous other water conservation practices, wildlife management and range management. I've got a resume if y'all would like to see that. COMMISSIONER WILLIAMS: I bet one among us knows you. One of the issues that has surfaced often with regard to Mr. Sowell's situation is that the system in place on his property that you have inspected and certified as being workable is undersized by today's standards. Is that correct? MR. SEIDENSTICKER: I did not inspect the system as uncovered. Only -- only inspected the surface. 107 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~~ ~~ Mr. Sowell did not have a backhoe there to uncw er the system, so therefore I only inspected the system above the surface. COMMISSIONER WILLIAMS: Well, if we take the word of the Designated Representative, it's undersized. And if that is the case, in your view, does that prohibit it from functioning correctly for the size of property Mr. Sowell owns and the utilization of the system that it serves on a daily basis? MR. SEIDENSTICKER: As inspected on the day that I inspected it, the system was not failing. There was no surface effluent. There was no odor. Under the current use -- or water use of the homeowner, the system did not appear to be failing. COMMISSIONER WILLIAMS: Okay. Anyone else have a question? COMMISSIONER GRIFFIN: question about the -- Commissioner Williams, you mentioned that it was -- it was undersized according to our current state rules, I believe, and I would ask Charlie Wiedenfeld -- I don't think -- I thinY, it's undersized even all the way back to the 1977 rules, which I think were the earliest rules that were written, and it was undersized at that point. So, I mean, failing or not failing is -- is a separate issue. But, as far as the rules are concerned, that all the way back to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1~ 18 19 20 21 22 23 n4 25 108 1977 rules, this is an undersized system. COMMISSIONER WILLIAM5: Mr. Sowell? MR. SOWELL: Mr. Wiedenfeld -- one of his articles in the newspaper said that there wasn't even any mandatory rules in 1971. COMMISSIONER GRIFFIN: I think that was the first year that they wrote them. Is that correct? MR. WIEDENFELD: '77? COMMISSIONER GRIFFIN: State wrote Ltie first rules. My point is, is that since there has been a state rule, this system, by any rule, would be undersized. Nuw, the workability of it is a separate issue, but it was undersized -- and I don't know when the system was installed. Do we know that? COMMISSIONER WILLiAMS: 'Sb? MR. SOWELL: I don't know the exact year that it was installed. I got a feeling that in 1986 it was upgraded from the clay leach line to the perforated plastic leach line. COMMISSIONER WILLIAM5: I think there's another issue which has surfaced with regard to this particular case. As I pointed out to the Court the last time we discussed it, this has been in and out of J.P. court on at least two occasions, and for whatever reasons, there was not any judgment against Mr. Sowell. For whatever the 109 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 reasons may have been, I think, you know, enough is just about enough. We just passed new enforcement rules. T.N.R.C.C. has signed off on them. We do not require at this point a licensing transfer or an inspection upon real estate transfer. We have several issues of these -- of this same nature pending in court right now. I think we have to figure out what we're going to do with them. As for me and mine, I would just as soon that we leave this particular situation in place. It's there. If it comes a time he sells the property, he's going to have to do something, I would suspect, even though we're not requiring an inspection the at real estate transfers. I think it's time for us to dispose of this and let Mr. Sowell go about his life. COMMISSIONER BALDWIN: Do you argue with that? MR. SOWELL: No. It would be the first time in two and a half years I haven't argued about it. COMMISSIONER LETZ: Was that a motion, I take it? COMMISSIONER WILLIAMS: I would move that a variance as applied for by Mr. Sowell in this case be granted. COMMISSIONER LETZ: I think I would second that, and my basis is that -- I mean, the system isn't failing. It may be a little bit undersized, or maybe it's 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 greatly undersized. But, I mean, it's been in and out of court, you know. It's getting -- I tend to agree with Commissioner Williams. I mean, it's not failing at the present time, and let's get on with our lives. We've wasted enough time on it. JUDGE HENNEKE: Is your motion, Commissioner Williams, more in the nature of a license, so that it's not exempting the system forever and a day? COMMISSIONER WILLIAMS: No, my motion is to grant a variance to the O.S.S.F. licensing requirements that were in effect prior to the new regulations for Eddie and Joyce Sowell, owners of Lot 1, Block 2, and Lot 1, Block 3 of Harrison Tract, Center Point, Texas. That's under the old set of rules, not the current set of rules. There is no reason for it under the current set of rules, if I understand correctly. JUDGE HENNEKE: The nature of the discussion, which is what I'm trying to clarify, which is that the variance would not necessarily carry forward to any subsequent owners of the property. COMMISSIONER WILLIAMS: Not by my motion or intention, no. JUDGE HENNEKE: I just want to make sure that we`re clear to Mr. Sowell in every way. MR. SOWELL: Yes. 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~Q 21 22 23 2q 25 111 JUDGE HENNEKE: Was there a second? COMMISSIONER LETZ: Yes. JUDGE HENNEKE: Motion made by Commissioner Williams, seconded by Commissioner Letz, that the Court grant a variance to the O.S.S. F. licensing requirements to Eddie and Joyce Sowell, owners of Lot 1, Block 2, and Lot 1, Block 3 of the Harrison Tract, Center Point, Texas, the variance being under the previous O.S.S.F. Rules, and the variance being specific only to Mr. and Mrs. Suwell, not to any subsequent owners of the property or the system in question. Any other questions! If not, all in favor -- COMMISSIONER GRIFFIN: Comment. Just so the Court's aware, the conversations I've had witYi T.N.R.C.C. regarding the new rules versus old rules and when things went into effect and how things are done, and my uwn reading of the law, which says that once the Court or its Designated Representative becomes aware of a noncompliant situation, that the system has to be fixed, for whatever reason, even if it's not surfacing effluent. I'm reluctant, iii the interest of consistency -- on my own part, I'm reluctant to vote in favor of granting a variance. COMMISSIONER LETZ: Question on the -- to you, Larry, 'cause you -- you know, 1 view you as a little bit of an expert on O.S.S.F. rules. Is the fact that the estimated footage of the lateral lines being insufficient, 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 112 does that deem it not compliant, and therefore, does state law require that it be compliant? COMMISSIONER GRIFFIN: Phat's right, and that's my reading of it. You know, and the -- and the undersized drain field is much more -- in my view, from a technical point of view, is probably much more of an incipient danger to public health and safety than the undersized tank. I don't even think -- even if the tank were the proper size, the undersized drain field probably has a higher risk. And I'll defer to the other expert opinion on that, but it's just -- I have tried to be very consistent on this from the very first as far as the new rule is concerned and why I thought that was necessary, and to do it the way we've done, and I wou]d just be reluctant to throw that over. I'm not -- I'm not saying anything about the Court following along with me, but I would be very reluctant to grant a variance when we know that a system -- and there is no -- you know, no requirement, so that when Mr. Sowell sells his property the next time, he can go sell that property and nobody's going to know about it. And, there's probably others, but here's one we know about, and so I'm reluctant to not be consistent on that point. So, that's -- that's just a comment. COMMISSIONER WILLIAMS: Just a comment with regard to consistency, Commissioner. There are many others 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 113 that O.G.R.A, is aware of but haven't been corrected. COMMISSIONER GRIFFIN: And if they are -- were known about before our new rule went into effect, T.N.R.C.C says they can be corrected, and forceably corrected under the old rule, if they were known about before our new rule went into effect. So, there's not an ambiguity there. It's not a judgment call or anything. If there were -- in fact, I don't know what kind of judgment call we could make when we know there is a problem. That's my reading of it. I'm just -- and I wouldn't expect unanimity on the Court's part. I'm just -- I'm just telling you why I will have to vote against it. COMMISSIONER BALDWIN: My Only comment is -- is similar, but a little different. Mine is addressed more to granting variances in general. You know, the thought -- and I respect what you said, Commissioner, but the thought of a time frame of us having to deal with this over and oveL again is not a good reason for a variance, I don't know what -- what is a good reason for a variance, but that's a rare -- and it should be a rare occasion at this table. I could see how this issue -- if we grant this variance, I can see how it is a -- we're really setting a precedent. It wouldn't surprise me if they beat the door down from this point on because of -- it's been in too many courtrooms and the size is a little bit off and et cetera, et cetera. Just 114 1 2 3 4 5 6 7 8 9 10 11 1L 13 19 15 16 17 18 19 20 21 22 23 24 25 not -- it's just not a good reason to grant a variance, in my opinion. COMMISSIONER LETZ: I have a -- another question. Going back to the compliance -- I'm more concerned about the compliance issue. Based on what you're saying -- and maybe I'll defer it to Charlie or to whoever can answer it. If a -- are all systems that axe riot compliant illegal? Or does it have to be a failing system that's not compliant that's illegall MR. WIEDENFELD: We11, failing, for one, is not defined in T.N,R.C.C. rules. Also, T.N.R.C.C. septic rules do not set performance standards for septic systems. There are construction standards, and then it is assumed if it is constructed properly, it will function properly. But, there are no standards. There are no provisions in arry T.N.R.C.C. rule that indicates what a properly operating septic system is. COMMISSIONER GRIFFIN: If you look -- MR. WIEDENFELD: It's based entirely, like Mr. Griffin says, on construction standards, first component, soil conditions and such. If that's there, them it is assumed to be functioning properly. And if we are in knowledge of a system that is not in compliance, then it cannot be licensed -- a system cannot be licensed. COMMISSIONER LETZ: I understand it can't be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 115 licensed. I'm more concerned, is it -- I mean -- COMMISSIONER GRIFFIN: I asked this specific question of T.N.R.C.C., and in the Compliance Division, Mr. Graber, I asked this question specifically. I said, "If we have knowledge, because of actions taken during the old rule, that a system is not compliant" -- does not meet -- did not meet Chapter 282 requirements, all that stuff in the back where you calculate how many feet of drain field you've got to have and what size tank you've got to have and so on. "If it's not compliant, do we have to...?" He says, "You either make it compliant or you grant a variance." And, on what basis are we granting a variance? That would establish a tremendous -- tLeuiendous precedent, in my mind, that -- in fact, I think we can even go back in history, that people have come forward and said, you know, "You made me put in a compliant system, because in those days you had -- you had a real estate transfeL rule. You made me put in a system, and I can document that the system wasn't, quote, failing. According to the staudaLd that is in" -- I'm sorry about the pronunciation -- "that Mr. Seidensticker's made, it wasn't failing in that regard, so therefore you're liable for those monies that I spent to upgrade that system." I -- I just -- and it's unfortunate that Mr. Sowell and perhaps others are caught in this change, but I 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think once we are aware -- in fact, it's straight from T.N.R.C.C. If you are aware that a system is not compliant, you need to make it compliant or you grant a variance. We can't do anything but that. And I realize that we're talking about a variance here. COMMISSIONER LETZ: Judge, I'm going to withdraw my second. MR. SOWELL: I'd like to bring up a situation at this time. If my septic system is not up to compliance, okay, Charles Wiedenfeld should have known that years ago, back in the mid-'80's. I don't know the exact date when he bought the well system -- JUDGE HENNEKE: Mr. Sowell, that's -- excuse me. Excuse me, that's not the issue here. MR. SOWELL: Okay. But I just -- JUDGE HENNEKE: The issue is not what Mr. Wiedenfeld may or may not have known, may or may not have done. The issue is your system on this day, February 12, Year 2001. That's where we're going to stick. We have a motion and no second. At this time, is there anyone else who would like to second the motion? (No response.) JUDGE HENNEKE: Motion fails for lack of a second, and the variance -- request for variance is denied. Thank you, Mr. Sowell. Next item is Number 25, consider and 1 r--, 2 3 4 5 6 7 8 9 10 11 12 ,^ 13 19 15 16 17 18 19 20 21 22 23 ~. 2 4 117 discuss accepting a donation of Texas Ranger photographs to display in the courthouse. Mr. Joe Davis. COMMISSIONER LETZ: I'd like to make a couple of comments first on this thing to explain how it came about. I was driving in my truck, like I do most days for many, many miles, and lots of time to think, and I was thinking about the historical, I guess, relics that exist with the Texas Rangers in Kerr County and related to Kerr County. I thought it would be a great idea to display some of the old photographs and things of that nature in the County courthouse. And we have more space now, and I think there's other agenda items that I think we'll talk about on what to do with this space, but I really think that it's a great opportunity for us to display Kerr County history in the Kerr County Courthouse. And, I called Mr. Davis up and presented the idea, and he thought it was -- was worth pursuing. But, before anything was sent or dollars spent, I wanted to make sure that the full Court thought it was a good idea. And, you know, we can, you know, pretty much give a reading to Mr. Davis whether to proceed or not proceed. So, Joe, I'll turn it over to you with that introduction, and appreciate you coming this morning. MS. DAMS: You bet. Good morning. Yeah, after Jonathan called me and we discussed it, I told him I 25 ~ had some photographs of some early Kerr County Rangers, and 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we felt like it -- our Association and Foundation, I talked to our directors. They felt like it would be a good idea to -- to do this. And, so, what I thought I'd do is maybe just suggest that I -- I've got a few photographs here. Of course, they're old photographs, and these here have been scanned to bring over here. But, maybe get some together, then sit down with Jonathan or whoever and put them together and see what you think about it. And, we'd be glad to donate them to Kerr County, have them framed it it pleases the Court, and -- if you agree on the photographs, and label them and so forth. These will be the early Rangers going back, like, to Captain Neil Caldwell, who formed the Frontier Battalion here, and -- I have one of him and A.J. Sowell, who was ari early Ranger; settled in Center Point, buried there at Center Point. And he's the type of guy, Buster, you don't want to go on up to the door, the way he's dressed. Well, I've got one a little better in a suit and tie. But, we -- we would -- it would be our privilege and honor to be able to donate these to Kerr County after we get them together and have them framed and labeled and so forth, if you agree to do so. And, if you want to look at them before you decide, well, we'll go ahead and do that, because we'll surely have a place for them if you don't agree on what you want to do here. 119 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LO 21 22 23 29 2` COMMISSIONER BALUWIN: Fantastic. COMMISSIONER GRIFFIN: Sounds like a great idea -- suggestion. JUDGE HENNEKE: Great. My question is, can we have them by the 22nd? MS. DAM S: The 22nd? COMMISSIONER LETZ: 't'hat might be pushing it a little bit. DODGE HENNEKE: Well, we'll -- how many are we talking about, Mr. Davis? MS. DAMS: We're supposed to meet with a lady -- somewhere around 32 are buried in Center Point, and I don't know what-all she has. Probably we can go through them, pick out whatever you figure out will be a good number, just to kind of show maybe the most popular ones or the ones that are the most well-known and so forth, or -- or some of the better photographs, and sit down and look at them, and -- and then go from there and just decide on a number. We can -- we've got plenty of photographs. COMMISSIONER GRIFFIN: I think -- Joe, I think you just nominated our representative. MS. DAMS: Got a committee; I can work with Jonathan. JUDGE HENNEKE: The reason I asked that, Mr. Davis, is we've got some other pictures we need to hopefully 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L ~3 29 25 accept this afternoon, and we're going to try to get them up for our open house. We want to reserve a sufficient space as we hang these other pictures for your Texas Ranger pictures. They, I think, should have a very prominent place in the courthouse. So, I want to get -- if I can get just, you know, an idea of what it's going to be, 6 or 8 or 12, then as we arrange the other pictures, we can say, no, this is for -- the Ranger pictures are going to qo here, and so we can insure that they get the proper attention. 'Cause I'm just thrilled with the idea; I think it's something that we need to do more of. COMMISSIONER LETZ: I would think that something along the line of, you know, 8 or 10, something like that, or 8 to 12. MS. DAMS: That's what I figured. COMMISSIONER LETZ: They're not going to be real large. I think they're, like, 8 by 10. MS. DAMS: I have one that's a little larger that's currently on display in San Antonio of two of the old Rangers. It's -- I don't know. It's a little larger than 8 by 10, but we can always reduce it down. They're standing by an old corral there in Center Point. Or we could get the others blown up a little bit, too, with the technology. We can -- COMMISSIONER LETZ: Either way. But I think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 it would be kind of a neat idea to have a -- a little area of just the Rangers; you know, one spot. JUDGE HENNEKE: I think so too. And, one of the things we're not going to have by the 22nd, but that we're getting, is an 1886 map of Kerr County which is presently in the archives with the Land Commissioner's office, and a local bank has located the funds to have that map restored, and as a result of which we get a framed copy of that map. So, I think it would be interestirry to perhaps juxtaposition that map with the Ranger photos. MS. DAM S: Yeah, 'cause it would be around the 1880's we're speaking of here in these photographs. 1874 to -- COMMISSIONER GRIFFIN: I have a signed print of one Ranger picture, too; that painting that hangs in the Capitol building, and I would be glad to put that on loan to the courthouse if there's a use for it, COMMISSIONER WILLIAMS: Would these be Rangers that we know for sure served Kerr County, or perhaps are even buried in Center Point? MS. DAMS: Yes, they were all in -- well, when they served, they served Kerr County and surrounding areas, and those are all the ones that would be buried in Center Point, yeah. COMMISSIONER LETZ: 1 would be glad W meet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 with Mr. Davis and, you know, go over it and come back with a number. I -- being realistic, I don't think -- we want to have them done right. I don't think it would be ready Ly the ^2nd, but I think we can certainly, you know, proceed in due haste. COMMISSIONER BALDWIN: Have to get your pricrities in line, though, Letz. You can have them done for the 22nd. COMMISSIONER LETZ: 1 was trying to accommodate -- JUDGE HENNEKE: Is that a motion to accept the generous donation? COMMISSIONER GRIFFIN: Yes. COMMISSIONER LETZ: Yes. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court accept, with thanks, the donation of photographs of Texas Rangers who served in and around Kerr County. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Thank you, Joe. COMMISSIONER LETZ: Thank you, Joe. 123 1 3 9 5 ti 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. DAMS: Okay, thank you. I'll get back to you. JUDGE HENNEKE: While we're on gifts, why don't we go to Item Number 31, which is consider and accept gift of western prints from the Cowboy Artists of America museum and the gift of custom framing from Wells Fargo Bank. Pictures that have been donated and framed are on display on the benches over here outside the Commissioners Court area. They're mostly Jack Terry prints, which is very significant, although not all of them; some of them are other C.A. artists. COMMISSIONER LETZ: They look nice. One of the things I was thinking, Judge, I mean in a way, is to, I mean, hang nice pieces of art, but also to get publicity to the Cowboy Artists Museum, which is a structure here in Kerr County. Kind of have them in -- I don't know; pick an area and put them up, along with a little bit of -- maybe a little plaque about the Cowboy Artists Museum that's housed in Kerr County, and these are prints -- you know, just kind of give them some publicity to kind of have a -- I guess tie a reason to having these prints in the courthouse. They're not just works of art; they're here for a reason, because the Cowboy Artists Museum -- COMMISSIONER WILLIAMS: We]1, that sort of ties to what was indicated through the Cowboy Artists when r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 they graciously gave us those prints for framing. We can do it one of two ways. Either you can do it with a plaque that's -- that the people can see, but that would -- that would presuppose that they're going to be in one particular area, and look at them all together, or we can do them as small, you know, plaques on the bottom of the frame indicating that this particular print was donated by Cowboy Artists of America. Either way, I think it's a great idea. COMMISSIONER LETZ: I think my personal preference would be -- not that I'm an interior designer -- is to kind of group these different items, you know, iii proximity to each other; to have, like, the paintings in one general area, whether it be on the second floor of tkie courthouse or first floor of the building, and then put the Texas Rangers somewhere else, you know, Kind of have things grouped a little bit so there's a -- kind of more cohesive, rather than have a Texas Ranger picture here and a -- you know, another -- COMMISSIONER WILLIAMS: The Western art that Cowboy Artists of America Museum gave us was intended for Commissioners Court. MS. NEMEC: I have wall space in my office. (Laughter.) JUDGE HENNEKE: No, you don't. MS. NEMEC: Hanging wa1L space, I do. 125 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Let's accept the gift and then we'll figure out where we're going to put it. Do I have a motion to accept the gift? COMMISSIONER GRIFFIN: Yes. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, second by Commissioner Williams, that the Court accept the gift of prints from the Cowboy Artists of America Museum and framing from Wells Fargo Bank prominently displayed in the courthouse. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER BALDWIN: In this grouping thing, is there going to be a -- eventually going to be a Hall of Shame? Where maybe the 1969 Ingram Dam hippie group -- I mean, a picture of me sliding down the dam? Could we get that -- a little print out there somewhere? JUDGE HENNEKE: We can do that. COMMISSIONER GRIFFIN: Right next to the holding cell. COMMISSIONER BALDWIN: Put it in the holding cell; they can have their own art. 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Make those guys want to go straight. DODGE HENNEKE: What's the desire of the Court? Do we want to break -- you know, do we want to break at noon, or what's the desire? COMMISSIONER GRIFFIN: Couple more out of the way, then break for lunch. COMMISSIONER BALDWIN: I'm ready to go. Let's do it. JUDGE HENNEKE: Sheriff has some recommendations for us on his bids. Sheriff? Let's go back to Item Number 19, bids for body shop repairs. Sheriff, do you have a recommendation for us? SHERIFF HIERHOLZER: Well, mine is just that, due to the fact that we only got one bid received, and therefore making it impossible for me to really judge whether the County got the best deal price-wise or not, I would recommend that we reject that one bid and possibly start the entire process for both of those, repair and the body work on vehicles, all over again, this time maybe trying to publicize it a little bit better, get a little bit better word out to where people really know what we're looking at, see if we can get some additional bids. COMMISSIONER GRIFFIN: Make some phone calls. That's usually what purchasing agents do in this case. 127 r 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: What about computer gurus? COMMISSIONER LETZ: 1 can make phone calls. COMMISSIONER BALDWIN: Okay. What do we need? An order -- a motion to reject all bidst In that same motion, can we also allow the Sheriff to go back out again? JUDGE HENNEKE: No. COMMISSIONER BALDWIN: I move that we reject the bid. COMMISSIONER GRIFFIN: Second, JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court reject the bids for body shop repairs for Kerr County vehicles. COMMISSIONER LETZ: Just a comment. We might request the Sheriff to get with the County Attorney again. I mean, I think this is -- one of the problems I perceive happening is that the bid document became overwhelming, 1 think, to local small businesses. I mean, it was about a 30-page document, and surely we can come up with something that's a little bit simpler and still protect and -- you know, the County and get done what we are trying to achieve. SHERIFF HIERHOLZER: I agree, that may be something that would work. We worked with the County 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 Attorney's office, and that's where this bid process came from. But maybe we can explain things a little bit clearer or something. I'll put it back on the agenda, I guess, for next time to go out for bids again. JUDGE HENNEKE: Okay. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Mr. Holekamp, did you have something for us, sir? We'll go back to Item Number 9 -- 10, consider and discuss the bids for electrical, plumbing, and heating and air conditioning services. MR. HOLEKAMP: Personally, I would like to be able to do the same thing. I think Commissioner Letz' comments were very appropriate, that the contractor was rather overwhelmed. There were a lot of people that attempted to bid, because I got several calls, but we didn'C get their bids. I would like to reject and go back out and rebid, I thinY., and with a simple summary sheet, to include it into the bid packet for those intending to bid, to explain it a little bit better what our needs are. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. 129 i 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 DODGE HENNEKE: Moved by Commissioner Baldwin, second by Commissioner Letz, that the Court reject all bids on electrical, plumbing, heating and air conditioning services. And the basis for the rejection is what? MR. HOLEKAMP: Only -- we only had one for each item, And, I would prefer we be a little bit more competetive, because we do know that there are numerous air conditioning repair people in Kerrville -- Kerr County, plumbers, electricians. And, I -- I really believe that they need to be competetive in giving us prices. JUDGE HENNEKE: We need to be careful, because these people did bid. MR. HOLEKAMP: Yes, sir. 1 understand. JUDGE HENNEKE: And, basically, what we're saying is it wasn't enough competition, and I'm assuming that we have the ability to do that, but if we go out and solicit bids in good faith, we've got to be prepared to evaluate the results and not the non -- MR. HOLEKAMP: Yes, sir. But I really -- JUDGE HENNEKE: If we're going to go back out again, we need someone to spend some phone time on soliciting -- I would also point out MR. HOLEKAMP: We will. COMMISSIONER GRIFFIN: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 23 24 25 130 that you can -- in the next solicitation, there should be a comment that this is a rebid of a previous thing, and that previous bidders can either reaccomplish or they can resubmit their previous bid. That's -- MR. HOLEKAMP: Oh, yeah. COMMISSIONER LETZ: Is this a -- the County Attorney -- or Assistant County Attorney is still in the courtroom. Can this form be simplified, do you think, and accomplish what we need to from a bid standpoint? MR. LUCAS: My boss drafted this document, and so -- when did you need this, Glenn? Maybe November? MR. HOLEKAMP: November, December. MR. LUCAS: I haven't looked at it. COMMISSIONER LETZ: Okay. Thank you. MR. HOLEKAMP: I'll provide him with a copy. JUDGE HENNEKE: Motion's been made and seconded. Any further questions or comments' All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's go ahead and break for lunch and return at 1:15, finish up. (Recess taken from 11:58 a.m. to 1:15 p.m.) 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: All right. lt's 1:15 p.m. on Monday, February 12. We'll reconvene this regular session of the Kerr County Commissioners Court. The next item on the agenda is Item Number 23, consider and discuss revision to Kerr County Personnel Policy to, (a), require annual Employee Performance Review for all employees who work for the Commissioners Court or in county departments not directed by elected officials or persons not appointed by the Commissioners Court, said performance reviews to be completed by January 31st and to be provided to the County Treasurer for inclusion in employee personnel files; and (b), to recommend and encourage other Kerr County elected officials to do likewise for employees in their departments. Commissioner Williams? COMMISSIONER WILLIAMS: I became aware that our policies do not contain such an admonition, and I'm not sure why. I was advised that it was there at one particular time and was removed for reasons I really don't know. I've talked to the Treasurer about it. It does not -- it does not happen now as a result of any act of the Court, although there may be some departments who do do it, and that's commendable; hope that they do. To me, it's just an automatic good business practice, and good business practices should start with Commissioners Court. And, so, I thought it might be a good idea to put it in and get it back 132 1 L 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on the books. JUDGE HENNEKE: Any questions or comments? COMMISSIONER BALDWIN: I'm certainly in agreement. I always have been. Let's see. Do you -- in your -- in your subject here, you outline the folks that we need to do that under Commissioners Court. COMMISSIONER GRIFFIN: Yes, I do, Commissioner. That's -- which is directly under our supervision. Road and Bridge, Animal Control facility, and Maintenance are specifically those things -- or any employees that work directly for the Court would be things that we would take care of, and we would provide copies to the Treasurer for incorporation into personnel files. We're recommending that others do the same. We can't order it, but we can recommend it. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER WILLIAMS: And there's a sample attached, which -- of a form which comes from the District Clerk's Office. So, I think it's pretty safe to believe that the District Clerk is on line, does that now. COMMISSIONER BALDWIN: Let's see, completed by January 31st of this -- each year. COMMISSIONER GRIFFIN: When you say completed by January 31st, you mean in the month of January by the 31st? 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Right. COMMISSIONER GRIFFIN: So, January of each year. COMMISSIONER WILLIAMS: For the preceding year. COMMISSIONER BALDWIN: We're into February now. COMMISSIONEP, WILLIAMS: We11, we would make an exception this year if we wanted to do that, yes. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: Maybe I had a long lunch. 7'm trying to read through this, make sure I understand who we're reviewing. JUDGE HENNEKE: We're reviewing -- we cannot force other elected officials to review -- COMMISSIONER LETZ: Right, so they're out. JUDGE HENNEKE: And the Auditor's otiice is not under our control. The Auditor is appointed by the District Judges, so it's everybody else. COMMISSIONER LETZ: That's what I thought. That's how I was reading it. But, to me, I mean, I don't think that we should necessarily appraise the employees in Road and Bridge. JUDGE HENNEKE: We don't. Their supervisor does. We can require their supervisor -- we can require 134 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 Mr. Holekamp to do an annual performance review on everybody that he -- that he supervises. COMMISSIONER GRIFFIN: We would only do one on him. DODGE HENNEKE: Right. COMMISSIONER WILLIAMS: Yeah. COMMISSIONER LE'PZ: Ukay. I just wanted -- wanted to make sure that's what I was reading. JUDGE HENNEKE: That's -- COMMISSIONER WILLIAMS: I would move adoption. JUDGE HENNEKE: Just a minute. MS. NEMEC: Okay. If -- would this be separate from what is in the policy now? In the policy, in 7.04, are we still going to keep this section which says that employee evaluations are to be done by the elected officials in order for them to put in for merit increases? And then there's this section that pertains to that section that is to be done -- that is more merit increases. It's not just for annual evaluations. Are we going to still -- COMMISSIONER GRIFFIN: 'PO my mind, that's separate. That's a separate issue, raises. This -- this -- this is just an employee performance, that's all. Has nothing to do with -- MS. NEMEC: With salary or -- 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRlr'FIN: But it gives you -- gives you another tool to use during consideration for -- MS. NEMEC: Okay. COMMISSIONER GRIFFIN: -- salary increases or whatever. MS. NEMEC: And I will say this, that in here it also says that those evaluations are to be kept in their files. The elected officials have always argued that point. They don't want me having other employees' personnel files, so I know I'll never get the other elected officials'. As far as the Court, the departments that the Court are under, you know, that's -- that's up to y'all, and that can be done, but as far as the others, I doubt that I would ever get them. COMMISSIONER GRIFFIN: Fair enough. DODGE HENNEKE: Any other comments or questions? Mr. Holekamp? MR. HOLEKAMP: Yes. Is the -- do y'all have a form that y'all are -- COMMISSIONER WILLIAMS: There's a suggested one that apparently the District County Clerk -- Kerr County District Clerk uses. It's attached to ours. If you have a better -- MR. HOLEKAMP: Is it a different one that -- oh, this is different than the one we use. My department 136 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 does it every six months. COMMISSIONER WILLIAMS: Okay. MR. HOLEKAMP: But a different form. COMMISSIONER WILLIAMS: That's fine. Only a suggestion. COMMISSIONER LETZ: It would be good if you would provide us with a copy of your form, just so that we, you know, have something to compare to. (Mr. Holekamp handed his form to the Court.) MR. HOLEKAMP: Immediate response. MS. NEMEC: Okay. So, are we saying that his -- MR. HOLEKAMP: No, no. MS. NEMEC: -- employee evaluations should be in my office in their personnel files? JUDGE HENNEKE: Yes. Once we -- once we adopt this -- change that, we'll -- COMMISSIONER BALDWIN: I'd like to see all -- everybody that we -- that comes under Commissioners Court be in a centralized location, and the Personnel Officer of the County is the likely place for it. COMMISSIONER LETZ: Are these subject to public review -- DODGE HENNEKE: No. COMMISSIONER LETZ: -- in the files? 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Personnel are specifically exempt from the Open Records Act. COMMISSIONER BALDWIN: How do you see us doing this? Fill out one of these forms and then have an oral interview with that person? COMMISSIONER WILLIAMS: I think there's nothing wrong with reviewing with the employee the contents of the review, going over it with the employee. If there are things that need to be corrected, that should be brought to the person's attention. If there are things that need to be commended, they need to be commended. COMMISSIONER BALDWIN: Absolutely, and I agree. I guess we could do that in Executive Session, could we not? COMMISSIONER WILLIAMS: I would think so. Judge? JUDGE HENNEKE: Well, the way I've done it before on boards I've sat on where the whole board reviews, like, the General Manager, is everyone would turn in their reviews, and then there would be a subcommittee which would compile a consensus of the reviews, and that subcommittee would sit down with the employee -- with Mr. Holekamp or Mr. Allen or whoever, and go over the review, rather than have it be a full posted meeting. COMMISSIONER WILLIAMS: That's probably -- 138 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Just the way I've seen it done before. COMM1551UNER LETZ: I don't -- I mean, I think it's -- someone needs to be delegated or appointed or whatever to be the subcommittee, to compile all the results from the Commissioners court. But I think any discussions with the employee would be done with the full Court, because I don't -- I mean, we just don't represent, necessarily, each other's opinions. And, I mean, I think -- COMMISSIONER BALDWIN: If you had -- if you had some critical idea or something like that about one of our employees, I would want you to say that to them, to express your concerns. COMMISSIONER LETZ: I probably would. COMM155IUNER BALDWIN: I'm just using that an example. MS. NEMEC: Can I say something about subcommittees? I'm not real sure how they work or what you really mean by them, but I think what I'm hearing is that y'all would all turn in your evaluations, and then they would be -- then you would turn them in to this one person, and that -- JUDGE HENNEKE: No, we've got a difference of opinion here. MS. NEMEC: Oh. well, I'm just trying to 139 1 2 3 4 5 F 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clear my mind on it. Are you saying that y'all are all goinq to do evaluations on whoever it is -- Animal Shelter Supervisor, y'all are all going to do an evaluation, you're going to hand in your evaluations to one person that's going to put all those evaluations together and is going to tell this person, "This is what your evaluation is," rather than you individually -- JUDGE HENNEKE: That's what we're discussing, whether that's -- MS. NEMEC: Okay. That's what I'm asking. JUDGE HENNEKE: -- that's the better way to do it, or whether there seems to be some consensus for everyone -- MS. NEMEC: Okay, 'cause if that's -- JUDGE HENNEKE: As opposed to having it -- MS. NEMEC: -- cause if that's what you're saying, I have an opinion on it. I just want to make sure that's what you were saying. And, my opinion is that -- that if there's something that you're trying for the employee to correct or that they're not doing right, if it doesn't come from you, and later on you write up that employee and try to get rid of them for whatever reason, they can always come back and say, "Well, that person didn't explain it to me the way you saw it." COMMISSIONER LETZ: The other side of that, 140 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to me -- COMMISSIONER WILLIAMS: Good point. COMMISSIONER LETZ: Point is, if we don't do it as a body doing it -- I mean, we may speak individually, but it's not -- I mean, there may be -- I may want this employee to do this, and no one else in the Court may want -- may say, "No, that's a stupid idea," and that Court can -- it's not fair to the employee. And, that employee has to know what this Court as a whole wants, not what each individual wants. JUDGE HENNEKE: You have to remember, this is a performance evaluation. It's not a job description. You don't have the ability to tell someone to do something different that's not in their job description. You have the ability to evaluate their performance under their job description. So, there may be differences as to performance. COMMISSIONER GRIFFIN: But, under the -- but under the job description, there could be -- Jonathan's got a point. There could be somebody that says, "Hey, I think Item A in your job description ought to have priority, and everybody else says no, that's dumb, 'cause Item C is really the one that -- that the employee needs to pay the most attention to. So, there could be, well within the job descriptions, varying degrees of priorities and what's 141 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 important. JUDGE HENNEKE: But -- that may come up during the evaluation, but LkiaL exercise is amending the job description. It's not -- not evaluating the performance of the employee -- COMMISSIONER GRIFFIN: Oh. JUDGE HENNEKE: -- undeL the job description. COMMISSIONER LETZ: I mean -- yes, but I think it's unfair for the employees -- I mean, how is the employee going to know how to react if they have me individually, as a Commissioner, yuiug and saying, "I want you to do this," and Bill says something completely opposite'? I mean, they're going to be -- I mean, are they doing right or wrong, based on this Court as a whole? And that's not -- I don't think that's fair to the employee. I think you need to have a discussion with everyone present, and if I want to voice my view -- COMMISSIONER GRIFFIN: That can be in Executive Session. COMMISSIONER LETZ: If I have an opinion, I should be free to voice it, but iI the rest of the Court doesn't think it's an important point, I think the employee has that -- needs to know that, really. COMMISSIONER WILLIAMS: I don't disagree. But, you know, if you take a look at this suggested form, ]42 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cae're talking about reliability, enthusiasm, accuracy, alertness, initiative, effectiveness under stress, job knowledge, adaptability, quality of the work product, volume of acceptable work, ability to make sound decisions. We're not talking about specifically your work being done before mine or vice-versa. We're taking about all those things which go into a performance evaluation. COMMISSIONER LETZ: But -- so, even there, I mean, I may think -- every time I call Road and Bridge, I may get, you know, a reliable, quick response. Every time you call, you may not, so I may view reliability as great, and you may say this is, you know, terrible. COMMISSIONER WILLIAMS: That's a good point. COMMISSIONER LETZ: So, I mean, I think that -- you know, I just think that if we're going to -- I don't have a problem with each of us filling out a form and providing that to the employee as just an educational tool as how we feel, but I think when it starts coming to, you know, having any sort of counseling session, I think the full Court -- if we want to individually talk to them, fine, but I think if we're going to do anything ofTicially, I think it needs to be done with everyone here. COMMISSIONER WILLIAMS: And in closed session. JUDGE HENNEKE: The employee has the right to 143 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 require it to be in open session, COMMISSIONER WILLIAMS: Oh, okay. COMMISSIONER BALDWIN: That's fine. JUDGE HENNEKE: That's -- don't start down that road with the mentality that this is going to be in Executive Session. COMMISSIONER GRIFFIN; Could be, unless the employee wants it otherwise. COMMISSIONER. LETZ: And it could be -- we could also set it up where the employee requests it. We could just provide the forms, and if the employee wants -- COMMISSIONER GRIFFIN: Maybe the employee doesn't want a closed session, or doesn't want any session. COMMISSIONER LETZ: Or doesn't want any session. JUDGE HENNEKE: Well, that's -- that defeats part of the purpose of having a review, You need to sit down and talk to the employee about the review, and to allow them to waive it is to allow them and us to miss an opportunity to really talk about their performance. It's for their benefit, but it's also for our benefit. COMMISSIONER GRIFFIN: I was going along with the form here, 'cause at the bottom there is an initial; it says, "I acknowledge receipt of the evaluation and do not wish to respond." Now, that's not necessarily in a ]44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 face-to-face meeting, I know, but -- we'll try it, try all of it. Won't hurt. COMMISSIONER BALDWIN: I don't think we need to get off on the leg either, though, that -- that this is a negative way to do business. COMMISSIONER GRIFFIN: No, can be very positive. It can be -- COMMISSIONER BALDWIN: It can be a very positive encouragement tool to use, and that's the way I choose to look at it. So, it would -- to me, I agree with -- I agree with Fred. I think it's an opportunity for us to sit down with our employees and just get real open and honest with them and really evaluate them and give them the opportunity to -- and have a dialogue. COMMISSIONER GRIFFIN: Mm-hmm. COMMISSIONER BALDWIN; To work through some possible bad issues or good issues. COMMISSIONER LETZ: But each of us individually do it? Or doing it as a -- COMMISSIONER BALDWIN: Pao, I want to -- my preference is to sit right here -- or get down here at a table, preferably; I like to be at eye level, and with the employee and in a closed session is what 1 would prefer. COMMISSIONER LETZ: I'm in favor of that. JUDGE HENNEKE: That's line. 145 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIUNER GRIFFIN: COMMISSIONER WILLIAMS needs a second. Do we need a motion? There's a motion; it COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE': Motion by Commissioner Williams, second by Commissioner Griffin, that the Court adopt a revision to Kerr County Personnel Policy Lo, (d), require annual Employee Performance Reviews for all employees who work directly for the Commissioners Cuurt or who work in County departments not directed by elected officials, or persons not appointed by the Commissioners Court, said Performance Reviews to be completed by January 31st of each year and to be included in the employee personnel files to be maintained by the County Treasurer, and also (b), to recommend and encourage other Kerr County elected officials to do likewise for employees in their departments. Any further questions or comments? Mr. Holekamp? MR. HOLEKAMP: Just a question, you know, on the job descriptions -- forms -- I mean, not job descriptions. Job evaluation forms. Is there a preference, or could we use the one we currently are using? Do y'all have a problem with that? Ur -- COMMISSIONER LETZ: It's almost the same. MR. HOLEKAMP: Do you want us to turn in the 146 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- the previous job evaluations we have on employees to the Personnel Officer? We currently keep those. We do them every six months in my department. JUDGE HENNEKE: I think it's the sense of the Court that all those employee personnel records should be centra]ly maintained in the Treasurer's office. COMMISSIONER WILLIAMS: You can use either form. We're not adopting the form, only a policy. MR. HOLEKAMP: Not adopting a form? COMMISSIONER WILLIAMS: Suggested form, but it's not adopting. COMMISSIONER GRIFFIN: Or the frequency. If it's more than -- if it's more than once a year, that's fine. But -- MR. HOLEKAMP: We do it twice. COMMISSIONER GRIFFIN: -- do it in January for the previous 12 months. You could have it in July for the previous six months and then at the end of January, the previous six, or whatever. There's -- you know, you can do more. We're saying you can't do less. JUDGE HENNEKE: Any further questions or comments? If not, all in favor, raise your right hands. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) 147 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 ~5 JUDGE HENNEKE: Motion carries. Item Number 26, consider and discuss resolution supporting the Plateau Water Plan Group's request for funds for implementation of the Trinity Aquifer Monitoring Program. Sounds like a Commissioner Letz request. COMMISSIONER LETZ: Yes. I think everyone received a copy of the resolution in your box. The purpose of the -- well, two reasons. One, one of our -- we're going to submit for this to be done either right now, there's some interim financing which is available, or if we don't get that, we're going to continue to pursue it under the next water planning period, which that phase starts October 1st. But, what it is, basically, there's a tremendous lack of knowledge of the Middle Trinity, Lower Trinity, and Edwards Trinity Aquifers and where they are on the monitoring standpoint. We just don't have good monitoring wells in the county. This is a proposal to submit to the Water Development Board for them to pay for a total of eight wells -- siz wells -- I can't remember how many wells. AUDIENCE: Eight. COMMISSIONER LETZ: Eight? (Discussion off the record.) COMMISSIONER LETZ: Well, I think we upped it. I think it's six in Kerr and in the Trinity -- Lower Trinity and possibly the Middle Trinity, six in Bandera, six 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 ~4 25 148 in the Edwards Trinity, to increase the ones out on the far western part of the county. All these wells would be used -- would not be production wells at all. They'd all be equipped with continuous monitoring data which will -- and also each location would have rain collection instrumentation, so it can start for the first time tracking in this area exactly how the aquifer responds in general, and then when a rain event happens on the surface, what it does to the aquifers in various parts of the county. It's rea]ly a vital step for us to learn really what the water availability is in this part of the state, And, there is some additional funding that became available from the Water Development Board that everyone's fighting for right now, and I felt -- I think the whole P.W,P.G. Board feels that it certainly will not hurt to get a resolution from the Commissioners Courts that are affected and cities to help encourage them to give us the funding right now, and that's what this resolution is for. We're submitting this to the Water Development Board for funding on the 15th of this month, which is this Wednesday. That is the reason for it. Any questions? COMMISSIONER BALDWIN: I'm certainly in favor of it. If -- I think if the State does anything, they should support this, 'cause we're talking about accurate science here, finally. 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIE'N1N: Yeah. COMMISSIONER, LETZ: And, this also -- actually, one of the, you know, exciting things about this if we can get the funding -- this is really how we're selling it to the State, because they don't really -- they were not really inclined to pay for these pure monitoring wells. It's some of the recharge information that we could obtain from this. Y'ou can look at a rain event in Fredericksburg and see what it does to wells in different parts of the county. And, you know, in -- also out in Rocksprings, if that has an effect. So, even though we may not get_ the rain here, we have a general idea of where the rain falls -- does fall, and somehow what the impacts axe. Anyway, I'll make a motion that we adopt -- approve and adopt the resolution supporting continuously monitoring wells in the Middle Trinity, Lower Trinity, and Edwards Trinity Plateau aquifers. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court adopt the resolution supporting the Plateau Water Plan vroup's request for funds for implementation of the Trinity/Edwards Aquifer Monitoring Program. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) 150 1 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ G c 23 24 25 JUDGE HENNEKE: All opposed, same sign. (No response.} JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: I might ask if we can -- I don't know whether the original is here today on that, but if we can sign it today so I ran get it over to U.G.R.A. as soon as possible. JUDGE HENNEKE: We'll find it. COMMISSIONER LETZ: We'll find it. JUDGE HENNEKE: Item Number 27, consider and discuss project agreement with USDA/NAGS for constxucLi~n of temporary bridge at Hermann Sons crossing and authorize County Judge to sign same. COMMISSIONER LETZ: This is going back to the Hermann Sons Bridge that washed out. And the money, we've been told -- we haven't seen any cash yet, but it has been appropriated out of Washington in the amount of $190,000, sent to Texas, and this is the agreement basically for the County to work with NRCS to get that bridge reconstructed. This has not been by the County Attorney yet. I would run it by the County Attorney, but I make a mction that we approve the agreement and authorize the County Judge to sign same, subject to County Attorney's agreement, COMMISSIONER WILLIAMS: This provides only a temporary bridge, right? 151 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER LETZ: A temporary bridge. They are looking at a little bit heavier duty structure than originally talked about. The price went up, and we're obligated under this for 25 percent of the cost. Part of that will be in-kind, and Leonard has -- is earmarking out of Special Projects other funds where we can, you know, come up with it, so it will not be any kind of a budget amendment, but it will require maybe some readjustment, once we get the exact amount, in allocation of funds at Road and Bridge. COMMISSIONER BALDWIN: Jon, you're talkiny about this year too, aren't you? COMMISSIONER LETZ: This -- the bit oL a rush on this is that the -- everyone is trying to get this bridge up and workable by the 1st oT June when the summer camps open out on that road. And, the federal government's very much aware of that deadline, and they feel they can complete it still. COMMISSIONER BALDWIN: You're talking about miracles now, COMMISSIONER LETZ: Right now we're working on right-of-ways. That's been a little bit of a -- that's the next agenda item. JUDGE HENNEKE: We have a motion to authorize the agreement. Do I have a second? l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 152 COMMISSIONER. BALUWIN: I seconded it. JUDGE HENNEKE: Did you? COMMISSIONER BALDWIN: Yes, sir. JUDGE HENNEKE: Sorry, Commissioner. Motion by Commissioner Letz, second by Commissioner Baldwin, Lhat the Court approve the project agreement with USDA/NRCS for construction of temporary bridge at Hermann Sons Crossing and authorize County Judge to sign same upon its approval by the County Attorney. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, Same sign. (No response.) JUDGE HENNEKE: Next item goes with this one. Item Number 28, consider and discuss required assurances relating to real property acquisition for Hermann Sons Crossing and authorize County Judge to sign same. COMMISSIONER LETZ: This goes along with the same item at Hermann Sons. The agreement, as I understand it, also needs to be run through the County Attorney's office, but it assures the government that the County has acquired right-of-ways where needed to do the structure, and we're currently working on that. We have, I believe, three of the four individuals that will need right-of-ways or potentially need right-of-ways for them underway, and the 1 ~, 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 29 25 153 fourth person, the County Attorney's office is working with him right now and with Road and Bridge to come up with an agreement that is suitable. And, this is just basically assuring that we will get -- that we have the right-of-ways, and I make a motion that we -- that we approve, I guess, the assurances relating to real property acquisition and authorize the County Judge to sign same once we have all right-of-way agreements in-hand. COMMISSIONER WILLIAMS: Second. COMMISSIONER GRIFFIN: Yeah, and I have a -- DODGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court approve and authorize giving the required assurances relating to real property acquisition for Hermann Sons Crossing and authorize County Judge to sign same once the necessary agreements about the right-of-way have been executed. COMMISSIONER GRIFFIN: Will these right-of-ways only have to be there until the Hermann Sons bridge is a permanent bridge, restored, and -- and Lheii these would revert or something? COMMISSIONER LETZ: These -- COMMISSIONER GRIFFIN: The other right-of-ways set up? COMMISSIONER LETZ: These are only temporary for construction. The actual location of the bridge will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 154 the same place, but it's going to take some pretty heavy equipment and some storage of equipment, and there's no room in our County right-of-way, so we're working out a potentially -- since we're not sure exactly how it's going to work with getting on all tour corners of the bridge, those property owners are in the right-of-way agreements with us. COMMISSIONER BALDWIN: I've got a question. Wasn't the bridge that washed away -- Hermann Sons bridge that washed away, wasn't that one of our off-system bridges? No? JUDGE HENNEKE: Yes, it is. COMMISSIONER LETZ: lt's on the list. JUDGE HENNEKE: Yes, it is, MR. HOLEKAMP: Now. COMMISSIONER LETZ: It's been on the list. It's been very low priority, which means -- COMMISSIONER BALDWIN: No, I mean the actual bridge that washed away. Wasn't that built with the off-system program? COMMISSIONER LETZ: Nc. JUDGE HENNEKE: No. It's on the -- COMMISSIONER BALDWIN: lt's on the list to be -- MR. HOLEKAMP: To be fixed up with the r 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 155 off-system -- COMMISSIONER BALDWIN: Okay. So, it's Lane Valley that we did years ago? MR. HOLEKAMP: Yes, sir, COMMISSIONER BALDWIN: Okay, I'm sorry. COMMISSIONER LETZ: We don't have many. JUDGE HENNEKE: Anythinq further? If ~i~t, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER BALDWIN: And the County Attorney's going to look at this and make sure it's a good document also? COMMISSIONER LETZ: Also approve and look at all agreements as well, right-of-way agreements. JUDGE HENNEKE: Item 29 is to consider and discuss approving the job description Yor the Kerr Comity Information Systems Support Specialist and approve the method and schedule for filling the position. Commissioner Griffin? COMMISSIONER GRIFFIN: The Court will recall during the budget process of the current fiscal year, we decided as a budget matter to wait on hiring a -- a computer 156 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 24 25 information systems specialist until halfway through the year. That was a pure budget-driven decision that we made, and now we are at the point of hiring that person on or about April lst. What's in the packets is a -- a draft of a job description which actually I took and modified from a job description that the State has in their job description handbook, because it sounded like this was about the level of the person that we would want. Several things we need to do -- let me ask a question, Barbara. Do we have a specified job description format -- MS. NEMEC: Yes. COMMISSIONER GRIFFIN: -- for the County? So, one of the things -- can you get me a copy of that format? I will redo this before we finally approve it, but what we need to do -- it will have words in it like this, subject to the Court's approval. I suspect we'll have to come back to the next session to do that with -- to formally approve this, but if you see anything in here you think shouldn't be there or if there is something that you think should be included that is not, then please get that information to me. And, Barbara, I'd ask that you review this too, and I'll work with you to get it in the right format. MS. NEMEC: Okay. That was part of what Nash and consultants did. 157 I 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN; Right. MS. NEMEC: They redid all the job descriptions in one format. COMMISSIONER GRIFFIN: I thought they did, but this is the state format, and 1 know we can squeeze it into the -- MS. NEMEC: Okay. COMMISSIONER GP,IFFIN: -- new format pretty easily, What I would propose to do is, at the next session, do a final approval on this job description. I would have an announcement that would appear in the Texas Workforce Commission, and we can transmit that to -- it doesn't cost us anything. That will be -- it then goes out statewide. Actual]y, it's on a web site, and this is what kind of people are looking at jobs that we want. This is the kind of thing that can get us broad coverage. But, we'll also advertise it locally. And, of course, if we can find somebody local, that's great. If -- if we don't, though -- and if you look at these requirements in here, there's some pretty important things, like acting as the County's web master for the web site. Any good guru can do that, but he or she's got to have some experience before we would probably want to hire them cold, for example. So -- and then I would propose that we -- once we get those, we can have -- we can put that on the 1 158 1 Workforce Commission, we can advertise it locally, and I 2 would say that we would ask for responses within about 30 3 days, with resumes. That will -- we'll go through Lhose, 4 we'll pick the top two, three, four, whatever it looks like 5 the break is, and conduct interviews with those people. 6 During that process, we would also determine the salary 7 level, not to exceed our budgeted amount, and we would then 8 probably, in the course of those interviews, make a 9 selection, make a job otfer and that sort of thing, and have 10 the person on board by about -- on or about April lst. 11 There's nothing magical about that date. It can't be -- it 12 depends on the budget dollars, so we'd have to play with 13 that a little bit, but -- and I would hope that by, 14 certainly, not later than the middle of May, we'll have that 15 person here on board. We should have an interneL 16 connectivity by then. We should be off and running. 17 COMMISSIONER LETZ: If you post it iii Austin, 18 you should have quite a few applicants in that area. 19 COMMISSIONER GRIFFIN: It's amazing how Lhe 20 Workforce Commission can even -- I hate to say this with our 21 employees present, but you can go set up a -- a query there 22 where you're interested in this kind of a job anywhere, and 23 every day you turn on your computer, it pops up on your 24 screen, here's where you can go to work if you're 25 interested. And, of course, we won't -- we can always have ]59 I 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 people wanting to move here rather than move away, but -- and it does get used. And, we may very well get a fair number of applications. COMMISSIONER LETZ; Hope we get more than a fair number. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER BALDWIN; Let me ask you a question, Larry. You said beginning date would be around April 1? COMMISSIONER GRIFFIN; Mm-hmm. COMMISSIONER BALDWIN: Have we talked about office space for this person? COMMISSIONER GRIFFIN; No. And, in fact, that's sornething I've -- I've briefly spoken with Tommy about it. Actually, this -- I would like to see if we can find a place where this person can have enough room to have some equipment around, 'cause that's what they need. They may have two or three different computers, and we would then -- we're going to have another computer that's related to just the virus analysis that gets done every morning, noon, and night. That equipment could be there. This person could also have a -- a PC -- oh, it also has to have a PC that has access to the server. There's a number of things like that. And, generally, where you find these things is sort of in a boiler room kind of -- 'cause it's not anything 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 2L 23 24 25 fancy. You don't -- I'd like to look and see if maybe we could work out something fairy close to the mainframe, 'cause this person's going to have some access to that. COMMISSIONER BALDWIN: The mainframe is down in the Tax Office area? COMMISSIONER GRIFFIN: Well, no, the server is actually downstairs, as I understand it, over to the side. But -- COMMISSIONER BALDWIN; Well, that's what I was going to say. COMMISSIONER GRIFFIN; We really need to go through that in detail. COMMISSIONER BALDWIN; Okay. What I wanted to say to you, though, is I'm still in -- there is a -- the downstairs area that we're developing into oiTice space down there. COMMISSIONER GRIFFIN: That may be the best -- COMMISSIONER BALDWIN: We -- there's still a lot of construction things going on down there, is the reason I haven't pushed it through. I don't want to bother those guys, but we're still in that planning process. And, if you all think that that would be a good place, let me go ahead and start putting that in our plans and we'll get it in the drawings. 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: The cabling is already in. And, see, this -- by the way, this position that I'm talking about, physical location can be moved as long as there's cabling to get all the equipment in that needs to be. And that's one good thing about that area over there, is that the cabling is run and it would be relatively easy to make drops into a space over there. But, I'll get with Tommy and probably come up with a couple of -- and maybe get with, oh, Buster and look at what space might be available. COMMISSIONER BALDWIN: Okay. COMMISSIONER GRIFFIN: New space. And we'll come up with a plan, certainly, by the next session of what we would do. COMMISSIONER BALDWIN: Good. JUDGE HENNEKE: Ukay. Do we need anything else at this time? COMMISSIONER GRIFFIN: No. Just please read through this and see if there's anything that you think we've missed or ought to include or take out or whatever. JUDGE HENNEKE: Very good. Next item is Item Number 30, consider and discuss the date and format for workshop on O.S.S.F. technical and regulatory issues. Commissioner Griffin? COMMISSIONER GRIFFIN: Yes. This is a follow-up to an abortive attempt last session to -- to try 162 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,-,. 25 to zero in on some technical and regulatory discussion. And, even though things are proceeding along with the new rule, and -- and our r_ontact with U.G.R.A. is still open, I think that the -- that the topic and the way this should be read or should be announced and posted is that it is for technical and regulatory discussions, not a rehash of the current rule. Not a rehash on how we got where we are, but how the septic systems work, what are the options, what is the data that relates to O.S.S.F. and what's in the literature. Not -- again, I say not as a rehash, but i£ anybody wants to try to convince us that the data indir_ates something, then let them have a shot. And, I want -- I'd be glad to hear any arguments that anyone has, public or -- or those in the business or whatever. And, I'm thinking that unless we had a very short court session -- you know, we had a short court session for this workshop, that we might want to schedule it to a day that's not a court date. But, I -- whatever you think. I guess -- I would guess that we probably ought to have as much as an hour and a halt, two hours available. COMMISSIONER BALDWIN: It takes about 45 minutes for Charlie to get his camera set up. 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONEx GRIFFIN: Yeah. So, what's the feeling? Do we do that maybe -- do you want to do it with the court date, maybe make it for 2 o'clock in the afternoon? Or -- JUDGE HENNEKE: I'm generally here, so it doesn't matter. COMMISSIONER LET'L: Uh, I'd probably rather do it -- I mean, it's hard -- court days are running pretty long. I can get pretty brain-dead by 2:00, 3'o'clock. It's probably better to do it on a separate day, I think. COMMISSIONER GRIFFIN: What about if we do it at 10 o'clock in the morning on a separate day? Then we sort of have a natural stopping point in case we get long-winded. COMMISSIONER LETZ: I like that. COMMISSIONER GRIFFIN: So, how about 10 o'clock on -- I don't have a calendar with me. COMMISSIONER BALDWIN: I have one. COMMISSIONER GRIFFIN: Okay. And, this has to be announced two weeks in advance? JUDGE HENNEKE: No, we can set it whenever we want to; we just have to give 72 hours. We can have it a week from today. COMMISSIONER BALDWIN: A week from today is good. That is February 19th. 164 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: That's a holiday. COMMISSIONER BALDWIN: That's a holiday. It's President's Uay. COMMISSIONER GRIFFIN: We probably -- JUDGE HENNEKE: That's a good day. COMMISSIONER BALDWIN: That's a good day. What about Tuesday'? COMMISSIONER GRIFFIN: Tuesday, the 20th? JUUGE HENNEKE: I won't be available, but that -- COMMISSIONER LETZ: No, you get to be tie re Tuesdays. JUDGE HENNEKE: I've got to go to the State Hospital Tuesday. COMMISSIONER GRIFFIN: the 21st? Is the courtroom in use? JUDGE HENNEKE: Buster COMMISSIONER BALDWIN: COMMISSIONER GR1F'FIN: COMMISSIONER BALDWIN: The morning of the 22nd. I'll be her opening, courthouse grand opening. COMMISSIONER GRIFF'1N: COMMISSIONER WILLIAMS: We're here. How about Wednesday, won't be here. I'm out of town. On the 21st? 21st and 22nd both. e for the grand Right. So -- Why not the 22nd? 165 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: He won't be here. COMMISSIONER BALDWIN: I'm not going to be here, but you're welcome to do it. COMMISSIONER WILLIAMS: Aren't you going to be here for the open house'? COMMISSIONER BALDWIN: Yeah, but I won't be here in the morning. COMMISSIONER WILLIAMS: Oh, I'm sorry. COMMISSIONER GR1r'FIN: We could do it Tuesday after the court session. COMMISSIONER LETZ: 27th? COMMISSIONER GRIFFIN: 27th. MS. NEMEC: 't'hat Monday's a late court session. JUDGE HENNEKE: The 26th is our evening meeting. COMMISSIONER WILLIAMS: 4:30? You've got a natural stopping point before it starts at 6:30. COMMISSIONER GRIFFIN: Ukay. How about that Wednesday? JUDGE HENNEKE: The 28th"? COMMISSIONER GRIFFIN: 28th. 10 o'clock? COMMISSIONER BALDWIN: Oh, that's Ash Wednesday. Lent begins. COMMISSIONER WILLIAMS: That's my wedding 156 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 anniversary. I can't talk septic on my wedding anniversary. COMMISSIONER GRIFFIN: Do we have to determine that date today? DODGE HENNEKE: We have to have a date so we can post it. COMMISSIONER GRIFFIN; Yeah, I know. But, I mean, do we -- COMMISSIONER LETZ: Why can't we do it -- the 26th is our next court date. It's an evening meeting. Why don't we do it that way? COMMISSIONER BALDWIN: Late afternoon? COMMISSIONER WILLIAMS: That's what I said. 4:30? COMMISSIONER GRIFFIN: Okay. Do it at 4 o'clock? JUDGE HENNEKE: At 4:30? COMMISSIONER LETZ: At 4 o'clock. COMMISSIONER GRIFFIN: 4 o'clock. COMMISSIONER BALDWIN: I like it. COMMISSIONER GRIFFIN: I like it. JUDGE HENNEKE: Do we have a motion to that effect? COMMISSIONER GRIFFIN: You have a motion. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion made by Commissioner 167 1 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Griffin, second by Commissioner Letz, that the Court set a workshop on O.S.S.F. technical and regulatory issues for Monday, February 26th, Year 2001, at 4 o'clock p.m. in the Kerr County Commissioners' Courtroom. COMMISSIONER GRIFFIN: Two and a half hours ought to be plenty. MS. SOVIL: What time? JUDGE HENNEKE: 4 o'clock. COMMISSIONER GRIFFIN; 4 o'clock. JUDGE HENNEKE: Any questions or comments? if not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: Judge, can we revisit 2.31 just for a second? 'Cause I started -- we made our -- several comments about where would you put up all this new stuff we're getting, and it was kind of left. But, I think that's pretty important, and I think we haven't a whole lot cf time to figure out where to put this stuff, considering we're not going to meet again. And, I'm just wondering -- I mean, it wasn't -- has not been resolved with the Western print deal or, for that matter, until recently with the other ones. But, what is the plan on how we're going to 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 G2 23 24 25 168 decide where these go'? And who's going to deride, and -- JUDGE HENNEKE: Well, my plan was to appoint an informal working subcommittee of Jannett Pieper, Barbara Nemec, and Thea Sovil and let them decide where to hang the Western prints. COMMISSIONER BALDWIN: You left out the County Attorney. How about you folks? DODGE HENNEKE: I think he disqualified himself based on no artistic ability. MS. NEMEC: We'll do a good job. JUDGE HENNEKE: lhat's what I was going to do. Do you want to be in charge of it? COMMISSIONER LETZ: No, no, no, I don'l want to be in charge. COMMISSIONER. Gk1FFIN; You can run that. If you want to run that committee, you can do it. COMMISSIONER. LETZ: i3ut, they're also yoiny to, I guess, look at what's up right now and decide what's going elsewhere? JUDGE HENNEKE: That's right. I mean, give them pretty much broad -- broad discretion as far as workii,g with what's here. I think if any of us have any strong feelings about things that are currently up that need to be -- MS. NEMEC: Should one Commissioner be on 159 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~2 23 24 2f this committee? COMMISSIONER LETZ: No. COMMISSIONER BALUWIN: Yeah, Jon. I agree. COMMISSIONER GRIFFIN: We just got a volunteer. MS. NEMEC: Okay. Then we don't want to hear it. COMMISSIONER LETZ: Is that painting going? JUDGE HENNEKE: I'll be -- the bottom one? COMMISSIONER LETZ: The bottom one. COMMISSIONER WILLIAMS: 1 agree with that. COMMISSIONER LETZ: We need to keep it, remember what that thing used to look like. JUDGE HENNEKE: I'll be -- agree to be the informal liaison. MS. PIEPER: If that goes, can I have it in my office? COMMISSIONER WILLIAMS: Sure. Point out where your office is. MS. NEMEC: What else is going? Is that one going? JUDGE HENNEKE: The top where the -- COMMISSIONER BALDWIN: See the drawing right above that painting back there? The old, old courthouse? That's 1913 or something, isn't it, Thea? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 170 DODGE HENNEKE: I think it's the mirror image of the one that's on the wall over here. COMMISSIONER BALDWIN: Is it 1927? That's the only thing in there I can see to stay. JUDGE HENNEKE: I think this old map probably would stay, but it should be redone. That's a -- COMMISSIONER GRIFFIN: Yeah, it's going to deteriorate badly if it's not fixed up. JUDGE HENNEKE: Other than that, I think most of the rest of it can find a new home. COMMISSIONER BALDWIN; I agree. COMMISSIONER WILLIAMS: I'm going to stick my neck out, since I'm the one that got the prints from Cowboy Artists Museum. I'll work with the ladies. JUDGE HENNEKE: Okay. Commissioner Williams has volunteered to be the Court's representative. COMMISSIONER WILLIAMS: I'm like Barbara. I don't want to hear it after it's hung. JUDGE HENNEKE: Okay. We'll consider that one done. COMMISSIONER BALDWIN; Is that all? COMMISSIONER LETZ: That was the only question I had, just about how it was going to, you know -- COMMISSIONER. WILLIAMS: I agree with you about that one. 171 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 ,~ 23 24 25 COMMISSIONER LETZ: Now I know who the committee is, so I can lobby one-on-one if I have any problems. JUDGE HENNEKE: Rest assured, the County Judge is not brave enough to make that decision on his own. Okay. Item Number 32, consider and discuss authorizing each Commissioner and the County Judge to appoint one high school student to the Citizens Advisory Committee on Redistricting. This came up as a result of my conversations with people about their interest in being on the committee. It is a unique opportunity, something that's done only once every 10 years, as we all know. I think I put in my explanatory materials, I'm kind of loathe to expand the committee, but at the same time, to me, it is a unique way to reach out to the next generation of voters and citizens and provide them with an opportunity to be involved in something that's going on at the county level. Any thoughts or comments? COMMISSIONER LETZ: Always have thoughts, Judge. JUDGE HENNEKE: I'm glad. It's not a vacuum. COMMISSIONER LETZ: Overall, I mean, I like the idea of getting youth involved. I don't like the idea of having them on the committee. I think a lot of them that I would recommend -- at least that I would choose are so busy already because of their -- I mean, they're already the 172 1 2 3 4 5 6 7 8 9 10 11 1L 13 19 15 16 17 18 19 20 21 L t 23 29 25 young leaders in the -- you know, in the community or in the schools, that even something else to do -- I just think it's a burden to them. They're already stretched pretty thin. But I would like -- but I would like to get students involved. I was thinking, how about if we had a government class or something in which more kids come down and kind of participate, but listen to how it's going for one or Lwu of the workshops we have? And invite, you know, a group of students to -- as opposed to just picking out five. COMMISSIONER GRIFFIN: For the redistricting workshops? COMMISSIONER LETZ: Yeah, just have them pick one. I'm sure we're going to have one where we kind uI -- hopefully, someone's going to explain to us the whole process. COMMISSIONER WILLIAMS: I hope so. COMMISSIONER LE'PZ: And be real -- you know, we could get a large -- one of the district courtrooms; there's a larger area. We could have, you know, a government class come and listen to that presentation. I think they'd learn a lot. JUDGE HENNEKE: That's not a bad idea. I mean, I -- it's actually a bit more cumbersome than the idea of just putting -- but the two aren't mutually exclusive. COMMISSIONER LETZ: Right. 773 1 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: We can -- each of us can choose someone, and at the same time, we can extend an invitation to all the government or Texas History classes in the county as to a specific day, which I think would be in April, and invite them to come -- to come as part of that. The conversation I had was that, gee, why don't you get -- why don't you pick someone to be on it from students, but I don't think the two are mutually exclusive. COMMISSIONER LETZ; Right. COMMISSIONER BALDWIN: I think it's an excellent idea, and I agree with everything that's been said. I just -- I'm looking, Jon -- the first person that popped in my mind is a leadership-type person up at Tivy. Man, I don't know if I could ask him to put in another hour. You know, there's just -- they're extremely busy. And that's my only -- that's my only concern. Of course, busy people are the ones that get things done; I understand that, but we're talking about high school kids. And -- JUDGE HENNEKE: They're the ones who benefit from the -- from the program, the ones who are willing to commit the time. COMMISSIONER BALDWIN: Yeah. COMMISSIONER LETZ: Work around our baseball season. COMMISSIONER GRIFFIN: Would we try to make 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 ~0 21 22 23 24 25 sure we covered all of the high schools'? And I think we should make sure -- DODGE HENNEKE: I would think -- COMMISSIONER GRIFFIN: -- we come up with an Ingram and -- COMMISSIONER BALDWIN: Ingram, Center Point, and Kerrville. COMMISSIONER LETZ: Comfort. COMMISSIONER BALDWIN: Comfort is not in this county. COMMISSIONER GRIFFIN: We can help out those folks, though. We -- DODGE HENNEKE: We don't mind. COMMISSIONER GRIFFIN: We could help them out. COMMISSIONER WILLIAMS: I think it's a good idea. I don't know whether we should have that individual young person come from a government or a political science class, or just from the student bodies at large. I don't know, but I think it's a good idea. COMMISSIONER GRIFFIN: I know what I'm going to do if we do this. I'm going to call the principal. The principal can probably figure it out. COMMISSIONER BALDWIN: Select someone. COMMISSIONER GRIFFIN: An appropriate student 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or, you know, counsel or whatever, get it down to some level where it can be done that way. JUDGE HENNEKE: Let's ask Ms. Lavender, from her previous experience, whether she thinks that -- that we'd get any response if we invited the government classes to attend some of the public forums. COMMISSIONER BALDWIN: Get every word. Every word. MS. LAVENDER: I don't know. I don't have any idea. As a teacher, probably I would not, because I don't know that it would be interesting for the kids. The idea of selecting one kid like you were talking about, it's going to be the same kids; they get selected to do everything else, and those are the same kids that in the spring are out with so much other things and have to worry about absences. I think you want to talk to the principals of your high schools about it before you make a decision to do it, because if the kid's just looking at it as a day out of school, they're not going to be of any value to you as an additional part of it, and they would tend to socialize rather than be a part of. And, if they don't understand the process before they qet here -- and that's not really something that's big in the curriculum. COMMISSIONER LETZ: Good -- all those are good points. Plus, also, I mean, these are pretty much -- 176 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 they're pretty regimented in their lessons and all that. To try to throw out a date might be difficult to bring the classes. MS. LAVENDER: You might have a better chance having a whole class come down ahead of time. If ttie teacher knew it and did the planning ahead so the kids knew what they're going to see, then it might be a youd deal. But, just to pick a kid from a high school to come and sit in two sessions without background on it, I don't krrow -- I'm not sure how much of a learning experience it would be for the kid. I'm not sure what kind of distraclioii they would be to an adult that's not used to working with them. COMMISSIONER BALDWIN: And we definitely shouldn't expect them to have input to us. I mean, it -- my view of the thing would be to be an education for tkiem. JUDGE HENNEKE: Exactly my point. COMMISSIUNER BALDWIN: So they can -- JUDGE HENNEKE: We'll certainly take their input. But the idea is, you take young leaders and get them involved in the process early, and that tends to keep them involved in the process throughout their careers. COMMISSIONER BALDWIN: And give Republican literature on the way out. COMMISSIONER WILLIAMS: Would there be any value in working through the principal, which is someone 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ else Larry noted, by just extending an invitation through the principal to government or political science classes for any that are interested to come monitor the process? The workshops are open. MS. LAVENDER: How many times are you talking about? COMMISSIONER WILLlAMS: I have no idea. JUDGE HENNEKE: Three to four, max. MS. LAVENDER: See, there's the issue of them being out of school. JUDGE HENNEKE: They won't necessarily be in the daytime. COMMISSIONER GRIFFIN: Yeah, some of these will probably be JUDGE HENNEKE: Many people that we've asked to be on the committee also have commitments during the daytime; they have jobs and everything, so we may very well do this, you know, to a certain extent in the evening. MS. LAVENDER: Just -- COMMISSIONER LETZ: I think what she's trying to tell us is that we're pretty boring. MS. LAVENDER: Put that in the record. COMMISSIONER LETZ: I think it's probably a good idea. You know, why don't we -- we have time, I think. Why not, you know, each of us talk to the principals in our 1~8 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 areas and see if there's an interest on their side? I mean, that's probably a real good first step to see what they would like to do. COMMISSIONER GRIFFIN: We can certainly extend the invitation, anyway. JUDGE HENNEKE: Well, the concepts that are being discussed are not mutually exclusive. If we can find a kid who's really interested, who wants to do this, fine. Appoint them to the committee, and at the same time, go out to the schools and say, "We're doing this. This is a unique experience and only happens once every 10 years. How would you -- would this be something that your students would be interested in participating in in some way or another?" And then let them respond to us as to whether or not this is something that they're -- that the school and the students would find meaningful. We could do it on a two -- two-track. COMMISSIONER LETZ: And the other thing is, up in the -- I know there's a Young Republicans Club that does this type of thing. I mean, I know they were -- because when we were out at the County Fair, they manned -- helped man the -- what booth was that? Republican Party booth, I guess. They were at that booth helping them out. COMMISSIONER BALDWIN: Those were Schreiner College students. 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIN'r'1N: And Democrats, too. Let the record reflect we'd invite the Democrats, too. COMMISSIONER LETZ: There are some kids that are very active, interested in politics. There's two young men out there that, you know, were sincerely interested in the process. JUDGE HENNEKE: Where do we got Do we want to give each of us the ability to appoint someone? COMMISSIONER GRIFFIN: Sure. If it turns out that the principal says, "Hey, I don't think it's a good idea," we can go back to -- opt it out. And -- but we still -- still give the invitation down the other track. I'd be glad to send a letter to the principal of Ingram -- Tom Moore and say, you know, session's going to be on such-and-such, and invite any of your students that may be interested to attend, blab, blab, blab. That's the other track, see if he -- he or she's got -- or if he or she would like to actually participate as officially being on the committee, though really in an absorption/learning mode, not so much for input. If they have one, then they may. COMMISSIONER LETZ: I don't have any problem talking with, I mean, Comfort or Tivy also, asking them the same thing. But, I mean, with the -- Tivy comes to mind because there's -- it falls pretty much within all our precincts. So, we're just going to have one of us contact 180 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Tivy? Or -- JUDGE HENNEKE: Well, and the proposal is that each of us have the ability to appoint a young person to the committee. You know, we've got an idea that most of the people with high schools in their precinct would probably go to a high school. COMMISSIONER GR1Nr'1N: Yeah. You may go ask if you -- I may go talk to Ingram High School; could be that there's a number of students that are really interested in doing that, and we can get together. And, if you happen to find no interest, then maybe two of them could come from Ingram, or two from Tivy. But, it -- I think the idea that each member of the Court could have one, at least, and then if there's something that we've got enough room, somebody can't find somebody that wants to do it, then -- COMMISSIONER WILLIAMS: I kind of agree with that. I've got one young person in mind in Center Point school, but I would ask the superintendent or the principal, and he may have other suggestions of persons who would be more interested in what I am -- COMMISSIONER GRIFFIN: Hey, as one who has evaluated many applications to various colleges, universities, and particularly to academies -- service academies, you can put -- if you could put on your last thing before it goes into the service academies that you 181 1 2 3 4 S E 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 were a part of the Kerr County Redistricting Committee -- advisory committee or whatever we call it -- that's a good little thing to have on your resume. There may be some young people out there that would love to do it for that reason, if none other, and they'll be bright and energetic, just to get it on their resume. It might be a highly successful thing. Probably not -- won't hurt anything to try it. COMMISSIONER LETZ: I'm just saying with Tivy, I think that it is better if only -- I mean, I don't think the principal needs three of us calling him asking for the same thing, but probably wording it differently. I think it may be confusing to him. I'm saying one oL us should contact Tivy. COMMISSIONER WILLIAMS: I'll contact Center Point, so that takes me out of the construction. COMMISSIONER BALDWIN: Call him, Jon. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: You win. COMMISSIONER LETZ: It's still in my precinct. COMMISSIONER BALDWIN: Tivy High School is in your precinct? COMMISSIONER LETZ: The new end. COMMISSIONER BALDWIN: The new one? 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Both of them. COMMISSIONER GRIFFIN: Fistfight. COMMISSIONER BALDWIN: I graduated from Tivy. COMMISSIONER LETZ; You want to redraw the ]fines now? COMMISSIONER BALDWIN; Yeah. We're getting down to some line-drawing now, buddy. COMMISSIONER GRIFFIN: Do we need a motion or anything for this, or just do it? JUDGE HENNEKE: Well, if we're going to let each Commissioner appoint somebody, we need a motion. COMMISSIONER GRIFFIN: That's right. JUDGE HENNEKE: If we want to contact principals -- although I think when the school decides -- if Tivy -- the principal may or may not know all the kids who would be interested. COMMISSIONER LETZ: I'll call Steve and tell him that one or more of their students may be asked to participate in this, so he'll know what's going on. If he has any recommendations, I'll pass it on to you and Buster. How about that? JUDGE HENNEKE: Great. COMMISSIONER GRIFFIN: I'll make a motion, then, that we authorize each member of the Court to appoint one high school student as a member, through whatever 183 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process is appropriate. And that's it. JUDGE HENNEKE: I have a motion. Do we have a second? COMMISSIONER W7LLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Williams, that the Court authorize each Commissioner and the County Judge to appoint one high school student to the Citizens Advisory Committee on Redistricting. Any comments or questions? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. And, last but not least, Item Number 33, consider and discuss the unveiling of the cannon, tour District Courts, District Clerk's office, Commissioners' Courtroom on February 22nd, 2001, at 1:30 p.m., with refreshments outside of Commissioners' Courtroom. Commissioner Baldwin is goinq to bring refreshments for all of us. COMMISSIONER BALDWIN: Well, I just want to go over with you what -- what we had talked about. Commissioner Williams and I visited a couple of times about it, and as you know, on February 22nd -- that would be George Washington's birthday -- we will have the function 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here on the courthouse square, and we're going to be beginning at 1:30 p.m. And, before going any further, I would think -- I would like to have a completion time, actually. Begin at 1:30, and we're going to start with the unveiling of the cannon. And, I assume that it would be anchored down and all that at that time. COMMISSIONER. LETZ: Going to shoot it. COMMISSIONER BALDWIN: Hopefully. MS. NEMEC: Where do you -- COMMISSIONER WILLIAMS: Make sure that the windows upstairs don't fall out. COMMISSIONER BALDWIN: And so we'll do the unveiling, and I guess Mr. Bocock will be here to make -- make -- give a talk and a little history about the cannon, and we need to be there to say thank you to him. And then we will go -- come to the courthouse and go upstairs to the district -- district courtrooms for tours up there, with the two judges and their staff. And, from that point, we want to come across and tour the new District Clerk's offices, which if y'all haven't been up there, you need to go see that. I am really big-time impressed with that. And, while everyone is up there, what we want to do is set up some tables right out here in the hallway with some cookies and coffee, maybe a punchbowl or something, I don't know. And -- and then, as they complete their little tour of the 185 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 district courtroom, we're going to bring them back duwn into this courtroom to look at this artwork that you guys are going to have up by that time. And -- JUDGE HENNEKE: Well, that's good. COMMISSIONER BALDWiN: And, at that time, we'll -- we'll herd them out and let them pick up a cookie and a cup of coffee and show them where the front door is, and gently urge them on about their way. COMMISSIONER. GRIFFIN; Is this more in the nature of a tour or an open house? COMMISSIONER BALDWIN: It's an open house, but we want to kind of keep them together so Judge Ables upstairs -- Judge Ables can talk and answer some questions. You know, kind of a -- just kind of groups or, you know, kind of keep them as close together as we possibly care. I have not a clue of how many is going to be here. COMMISSIONER LETZ: It might be helpful to have a schedule, just so people can show up where they want. I mean, it's going to be hard to get people moving through a big group if you have, like, a -- what time is this thing starting? COMMISSIONER BALDWIN: ]:30. COMMISSIONER LETZ: Okay, 1:30 outside. Then say, you know, 2 o'clock up in the district courtroom, and then -- you know, just something so that -- 185 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 COMMISSlONEK BALDWIN: We can do that. COMMISSIONER LETZ: Just may facilitate people getting from here to there. COMMISSIONER BALDWIN: We can do that. DODGE HENNEKE: We can have a ribbon-cutting thing upstairs. Is anyone going to say anything? COMMISSIONER BALDWIN: I don't know about that. COMMISSIONER GRIFFIN: Grip and grin pictures and the whole thing? DODGE HENNEKE: is the plaque going to be ready? COMMISSIONER WILLIAMS: For outside? JUDGE HENNEKE: No, the one on the court -- the annex. COMMISSIONER BALDWIN: Who does that, Mike Walker? Is that a Mike Walker function? COMMISSIONER WILLIAMS: Longnecker had it. JUDGE HENNEKE: Walker or Longnecker. COMMISSIONER LETZ: We can do a ribbon-cutting, I think, up in the crosswalk between the two structures. You can put a ribbon across there, have people -- I mean, there's a lot of space; people have room to cut, showcase that area. COMMISSIONER WILLIAMS: I know that Mr. 187 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~S 21 22 Z3 29 2~ Bocock has ordered a plaque for outside that reflects the Court's order accepting as to whom it's dedicated to, and I'll give him a call, see it that's going to be ready. So, we can ask Mr. Holekamp to post it or something. COMMISSIONER BALDWIN: That was just an idea. I mean, it's just an idea; there's nothing in concrete here. It's a -- this is a living document. COMMISSIONER WILLIAMS: It's a work in progress. COMMISSIONER BALDWIN: It's a work in progress. COMMISSIONER LETZ: If we have a ribbon-cutting, we probably -- I mean, we need to get a little bit of planning as to who's going to cut the ribbon and all that type of stuff. COMMISSIONER BALDWIN: Is that -- is that -- COMMISSIONER LETZ: So we can -- I would think the County Judge. COMMISSIONER BALDWIN: You're going to get the ribbon? Is that what you're saying? COMMISSIONER LETZ: No. I'm saying -- JUDGE HENNEKE: Cut it. COMMISSIONER LETZ: -- give him the scissors. (Discussion off the record.) COMMISSIONER BALDWIN: That's what I was 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 ZO 21 22 23 24 25 going to suggest, is getting the Chamber of Commerce involved, 'cause they do that stuff every day. COMMISSIONER LETZ; Yeah, they cut ribbons all the time. COMMISSIONER WILLIAMS: They've got the big shears. COMMISSIONER BALDWIN: Do you want me to -- COMMISSIONER GRIFFIN; That's a good idea, 'cause the Chamber will also publicize that well through their members. COMMISSIONER WILLIAMS: All a work in progress. JUDGE HENNEKE: We have a MS. LAVENDER: Can I make a suggestion? Get people dressed up and have little, small tour groups and tell them the history of the courthouse in, like, groups of 15 or so, and then you could have them leave at, you know, 3-minute intervals. COMMISSIONER WILLIAMS: Do you have some suggestion of who the docents will be? MS. LAVENDER: Yeah. Your people that work here. COMMISSIONER BALDWIN: Well, I'm not a docent coordinator, I can tell you that. I know where the front door is, and that's the end. 789 1 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~5 MS. LAVENllEk: Authentic costumes. AUDIENCE: You can be that docent, then. MS. LAVENDER: Have a little script for them. JUDGE HENNEKE: My suggestion is that we have the cannon dedication at 1:30, ribbon-cutting at x:00, followed by tours of the district courts and District Clerk's office and Commissioners' Courtroom, period. COMMISSIONER LETZ: We could probably, I bet, ask the Historical Commission to conduct those tours. General Schellhase. COMMISSIONER BHLDWIN: Would you do that? COMMISSIONER WILLIAMS: Historical Commission, there you go. COMMISSIONER BALDWIN: Would you do that? COMMISSIONER WILLIAMS: What? COMMISSIONER LETZ: Cal] General Schellhase. COMMISSIONER WILLIAMS: I'll call him. COMMISSIONER LETZ: They probably have more knowledge. COMMISSIONER WILLIAMS: I think they may. MS. NEMEC: Your 3U-minute reception just turned into two hours, Buster. COMMISSIONER WILLIAMS: What we haven't talked about is, what happens with the guy who drifts in here at 4 o'clock and wants the whole thing done again? 190 1 L 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Sorry. MS. NEMEC: Commissioner, do you need us to bring anything? MS. SOVIL: This is the invitation to the courthouse. JUDGE HENNEKE: Okay, Anything else we need to talk about on that one? COMMISSIONER BALDWIN: No, other than -- I'm glad you brought that up. I have -- Thea has put together a little letter for me to take around to all the elected officials that -- no, not that one -- to ask them to provide some baked goods. So, if you guys want chocolate chip cookies, you have to talk to them about that. MS. NEMEC: They're elected officials, too. COMMISSIONER BALDWIN: Well, hopefully we'll -- I've already talked to Commissioner Letz about bringing some. COMMISSIONER WILLIAMS: I'll see if I can get Ms. Lou to make up a batch. COMMISSIONER BALDWIN: See? Here's a couple of dozen. COMMISSIONER GRIFFIN: I got a chocolate heart in there that I'll donate, 'cause Jonathan gave his to me. I ate mine, COMMISSIONER BALDWIN: So, that's all. 191 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 -, G G JUDGE HENNEKE: Anything else? If there's nothing else to come before us, we stand adjourned. (Commissioners Court adjourned at 2:20 p.m.) STATE OF TEXAS COONTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 21st day of February, 2001. JANNETT PIEPER, Kerr County Clerk Kathy Ba k, Deputy County Clerk Certified Shorthand Reporter ORDER N0. 26853 CLAIMS RND RCCOUNTS On this the 12th day of Febr•uar•y 2@@1, came to be considered by the Co~.trt the various claims and acco~_ints against N.er•r- County and the various Commissioners' pr•ecinets, which said Claims and Recounts ar•e 1@-General Fund for- $193,897.65; 11-Jury Fund for $149.25; 13-Road & Fridge Rdd'1 Registration Fee fund for• $3@,655.@3; 14-Fire Protection F~_ind for• $17,4@1.86; 15-Road 8 Bridge Fund for• E27,924.53; 18-County Law Library Fund for $2,555.2@; 19-P~_~blic Library F~_ind for $58,492.67; 23-Juvenile State Rid Fund for^ $36@.@@; 24-Traffic ._ Safety Fund for $275.92; 27-Juvenile Intensive Program-State Rid Fund for^ $829.5@; 5@-Indigent Health Care F~.~nd for- $^c5,668.@5; 7@-Permanent Improvement Fund for $9,794.36; 76-Juvenile Detention facility Fund for $4,122.34; Bi-District Rdministration Fund for f3@. 66; 83-State Funded 216th Distr-ict Attorney Fund for• $1,@99.11; 86-State Funded 216th District Probation Fund for^ $5,@14.98; 87-State Funded Community Corrections Fund for $4,5@5.6@. (TOTAL FUNDS-$382,776.71) Upon motion made by Commissioner Williams, seconded by Commissioner Let z, The Court unanimously approved by a vote of 4-@-@, payment of said Claims and Recounts as recommended by the County Ruditor. ORDER NO. 26854 APPROVAL OF BUDGET AMENDMENT ROAD AND BRIDGE - ADMINISTRATION On this the loth day of Febr•uar^y 2001, upon motion made by Commissioner Gr^iffin, seconded by commissioner- Baldwin, the Cour^t unanimously approved by a vote of 4-0-0, to tr•ansfer• 675.99 fr-ome Line item # 15-611-575 Maintenance Facility to Line item # 15-600-570 Capital Outlay for- the Road and Br^idge Department. ORDER NO 26855 RF'F'ROVAL OF BUDGET RMENDMENT NON-DEPRRTMENTAL On this the 12th day of February 20411, upon motion made by Commissioner Griffin, seconded by Commissioner 2aldwin, the Court unanimously approved by a vote of 4-0-0, to tr^ansfer^ $43'3.00 from Line item # 10-4Q9-205 Insurance Liability to Line item # 1@-4Q`3-480 Pr•oper•ty Ins~_irance in Non Departmental. ORDER N0, 26856 PUDGET RMENDMENT/COUNTY CLERK°S OFFICE On this the 12th day of Februar^y 2Q~01, upon motion made by Commissioner Baldwin, seconded by Commissioner^ Griffin, the Cour-t unanimously approved by a vote of 4-Q-0, to tr^ansfer 1500.00 from Line item #10-402-21Q Hallot Expense to Line item #10-4@4-570 Capital Outlay in the County Clerk's Office for the pur^chase of a new pr^inter^, ORDER N0. 26857 APPROVE TO ACCEPT MINUTES AND WRIVE RERDING On this the 12th day of February 2001, upon motion made by Commissioner Baldwin, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, to waive reading and approve the following minutes; Ker•r• County Commissioners' Court Special Session, Monday, January 1, 2001- 9:0Q~a.m.; Commissioners' Court Reg~,ilar Session, Monday, Jan~_iary 8, 2001-9:00a. m. ; Commissioners' Coi_ir•t Special Session, Friday, January 12, 2001-9:0Qa.m.; Commissioners' Court Special Session, Monday, Jan~_~ar•y 22, 2001-9:0Sa.m. ORDER N0. 26858 RPPROVE RND RCCEPT MONTHLY REPORTS On this the 12th day of Febr^uary 2001, upon motion made Commissioner Letz, seconded by Commissioner Baldwin, the unanimously approved by a vote of 4-0-0, the following reports and directed that they be filed with the County for future audit: County Clerk- Jannett Pieper Trust fund Monthly Report R11 Monies and Fees Collected as Clerk of The County Court Month ending January 31, ^c001 Co~_inty Clerk- Jannett Pieper General Fund -Fees Report Month of Jan~_iar•y, 2@01 County Clerk- Jannett F'ieper^ Tr~.ist Fund Report Month of Jan~_iar-y, 2001 JP#- William E Ragsdale Monthly Report Fines, Judgement s, and Jury Fees collected for the month of January, 2001 JP#3- Bober^t L Tench Monthly Report Fines,Judgements, and Jury Fees collected for the month of January, 2001 Kerr County Sheriffs' Department Monthly Report- Rugust, ^c000 by Court Clerk Kerr County Sher^iff's Department Civil Report for• January, 2001 ORDER N0. 2E859 RPPROVE RND RCCEPT RNNURL REPORT N,ERR COUNTY HISTORICRL COMMISSION On this the loth day of Fehr^uar•y ~'Q~01, upon motion made by Commissioner Let z, seconded by commissioner Griffin, the Court unanimously approved by a vote of 4-2-0, the N.er•r^ County Historical Commissions' Rnual Repor^t for• the year^ c0Q~0, and membership. ORDER N0. 26860 RG'PROVE RORD & BRIDGE ADVERTISEMENT REF: RNNURL RIDS ON MRTERIRLS AND EG!UIPMENT On this the 12th day of Fe6ruar^y 2001, upon motion made by Commissioner^ Letz, seconded by Commissioner^ Baldwin, the Cour^t unanimously approved by a vote of 4-0-0, to accept the advertisement for^ annual bids on materials and equipment by the hour^ for^ the Road and Bridge Department. ORDER N0. 26861 RF~PROVE RND ACCEPT GIFT TO ROAD R BRIDGE DEPRRTMENT ARCVIEW GIS SOFTWARE On this the 12th day of Febr-nary 2001, upon motion made by Commissioner Williams, seconded by Commissioner Griffin, the Coi_tr-t unanimously approved by a vote of 4-0-0, to accept a gift of ArcView GIS Software from Ed Higgins to the Road R Bridge Department. ORDER NO. 26862 RRF'ROVRL OF RORD NAMES pRIVATELY MAINTAINED ROADS/ IN RCCORDRNCE WITH 911 On this the 12th day of February 2Q~01, upon motion made by Commissioner Griffin, seconded by Commissioner- Williams, the Court unanimously approved by a vote of 4-0-0, to accept Road Names for the following pr^ivately maintained roads in var^ious locations in accordance with 911 guideline . Existing Road Name None Er^w in Langwor^th Farm None None Nane None New Road Name Enchanted valley Dr. W. Land's End E. RLR Lane N. Lakehouse Trl. W. Roberts Rd. N. Indian Spring Trl. SW Corry Sue Trl. NW ORDER N0. 26863 AF'pROVE RNRNDONING RIGHT-OF-WAY VOLUME 79 pRGE 200 LAND RECORDS pATRICf'. FLEMING SURVEY # 666 On this the 12th day of February 2001, upon motion made by Commissioner Letz, seconded by Commissioner Gr^iffin, the Coiar•t unanimously approved by a vote of 4-0-0, to accept abandoning the right-of-way r^efer^enced as a 13.8-acre and 1.4-acre tract of land described in Volume 715, F'ages 79G-793, Real F'r•operty Records of Kerr County, Texas, and a 0.7912-acre tr^act r^ecor•ded in Volume 908, F'ages 138-14N, Real property Records of Ker^r• County, Texas. ORDER N0. ^c6Ci64 APPROVE FINRL REVISION OF PLRT TRRCTS 64 R 66 OF INGRAN HILLS On this the 12th day of Febr-~aar•y ."_'001, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to Accept the final revision of Plat for- Tracts 64 & 66 of Ingram Hills S~_~bdivision. ORDER N0. 26865 RE'P'ROVE OPENING OF RNNURL BIDS ELEC./HERTB•AIR/PLUMRING- FRCILITIES R MAINTENANCE On this the 1^cth day of Febr•~aar•y c:Q~01, upon motion made by Commissioner- Let z, seconded by Commissioner- Williams, the Court approved by a vote of 3-0-Q~, to accept Opening of the Annual bids for- Electrical, F'l~ambing, and Heating R Rir• Conditioning services for- the Facilities & Maintenance Department. Refer- the same to the Facilities 8 Maintenance Department for- f~.ir~ther• review. ORDER N0. X6866 CLERICRL ERROR,ISSUED RY MISTRKE- SHOULD RE DISCUSSION ONLY. ORDER N0. X6867 RPRROVE RND RCCEPT ORENED RIDS SHERIFFS' OFFICE-BODY SHOP REPAIRS On this the lEth day of Fe6r•uar•y cQ~Q~l, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to accept and open bids for• body shop repairs for• lier•r• Coi_tnty Sheriffs' Department and to refer the same to the Sheriffs' Department for• fur•ther• review. ORDER N0. 26868 RUTHORIZE FROF'OSALS FOR COMMUNICRTIONS SYSTEM SHERIFFS' OFFICE On this the 12th day of Febr•uar•y 2001, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Co~ar-t unanimously approved by a vote of 4-0-0, to approve sending oiat request for proposals for a communication system for Sheriffs' Department. All proposals due May 11, 2001 by 4:a0 p. m. ORDER N0. 6669 ARRROVE RRELIMINARY REVISION OF F'LRT TRRCTS 44 R 45 N.ERRVILLE SOUTH 11 RCT.1 On this the 12th day of Febr^~aar•y :'001, ~_ipon motion made by Commissioner Paldwin, seconded by Commissioner 6r^iffin, the Co~ar•t ~~nanimously approved by a vote of 4-Q~-0, to accept the pr•eliminar•y revision of Rlat for• Tracts 44 ~ 45 of fSer•r•ville So~_~th II, Rct. i. ORDER N0. 26870 RPPROVE PRELIMINARY REVISION OF F'LRT/TRACTS 5R R 6R .-, WHISKEY RIDGE RANCHES/ RND SET PUBLIC HERRING On this the 1^cth day of February 2001, upon motion made by Commissioner- Let z, seconded by Commissioner- Williams, the Court unanimously approved by a vote of 4-0-0, to accept the pr•eliminar•y revision of Plat for- Tracts SR R 6R of Whiskey Ridge Ranches, Pct. 3. And set p~.~blic hearing to be held for' the same on Mar^ch 12, 2001 at 10:00a.m. in the Commissioners' Co~.irtroom. ORDER NO. ~E871 RE'P'ROVE TO SET F'URLIC HERRING REGARDING CENTER F'OINT RIVER RORD SPEED LIMIT CHRNGE On this the icth day of Febr~aar•y 0Q~1, upon motion made by Commissioner Williams, seconded by Commissioner Lets, the Co~ar-t unanimously approved by a vote of 4-0-~, to accept discussion to establish a speed limit of ~@ m. p. h, on Center Point River- Road east and west bound beginning at Rolin Drive, and set public hearing for same on March 1:'th, X001 at 1Q:15 a. m. ORDER N0. 2687 AP'P'ROVE ANNURL ACCOUNTS RND STRTUS OF INVESTMENTS TEXRS PROBATE CODE On this the lath day of Febr~aar-y 2001, upon motion made by Commissioner- Griffin, seconded by Commissioner- Baldwin, the Court unanimously approved by a vote of 4-0-0, to accept the Rnn~aal Rccoiants and Status of Investments pur•s~aant to the pr-ovisians of the Texas Probate Code 887(b), County Clerk's Office. ORDER NO. 26873 APPROVRL OF HAND CHECKS DISTRICT CLERK'S OFFICE/ REF: JERRY DON BAILEY R BARBARA JANE WHITE On this the 12th day of Febr•uar•y 20~D1, ~_ipon motion made by Commissioner Baldwin, Seconded by Commissioner Griffin, the Co~_irt unanimously approved, by a vote of 4-0-0, to a~_~thorize The County Auditor and The Co~.inty Tr•easur•er• to write a hand check to each of the individ~_ials listed below: Jer•r•y Don Bailey 5566.7. Barbara Jane White 5105c^^. 51. The above iss~.ied for• r•eimbur•sment of intr•est on Court Registry, to be taken o~.it of line item # 10-409-571 Non Dept. contingency fund. ORDER NO. 2E874 AF~RROVE pORTABLE BUILDING KERR COUNTY FAIR ASSOCIATION On this the 12th day of Febr•~_iar-y 2001, ~_ipon motion made by Commissioner Let z, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to accept the regi_iest fr^om the N.er•r• County Fair Rssociation to place a portable b~.~ilding on the Exhibition Center property to ho~_ise Fair^ Association s~_ipplies. ORDER N0. ^cEB75 APPROVE RESIGNATION OF E A "CHUCK" RRECNER On this the lath day of February :'0~l1, upon motion made by Commissioner Letz, seconded by Commissioner Griffin, the Co~_~r^t unanimously approved by a vote of 4-Q~-0, to accept the r^esignation of E. A. "Chuck" from the I',err Co~_inty Solid Waste Code Enforcement Officer- and Kerr County ARCOG representative for• Solid Waste and Closed Landfill Committee. ORDER N0. 2E87E RCCEF'T DONRTION OF TEXRS RRNGER pHOTOS On this the 1^cth day of February 2001, upon motion made by Commissioner Letz, seconded 6y Commissioner Griffin, the Court unanimously approved by a vote of 4-Q~-0, to accept the donation of Texas Ranger F'hotogr-aphs to be displayed in the Courthouse. ORDER NO. 26877 ACCEPT GIFT OF WESTERN PRINTS COWBOY RRTISTS OF AMERICA MUSEUM On this the 1'c'th day of Febr•uar•y 2G01, upon motion made by Commissioner Griffin, seconded by Commissioner- Williams, the Court unanimously approved by a vote of 4-0-0, to accept a gift of Western F'r•ints from Cowboy Rrtists of America Museum and gift of custom framing from Wells Fargo Bank, N. A. ORDER NO. ^c6878 REJECT BODY SHOP REPAIRS FOR N~ERR COUNTY SHERIFFS' DEF'ARTNENT On this the 12th day of Febr•~aar•y 2001, capon motion made by Commissioner Baldwin, seconded by Commissioner 6r•iffin, the Co~ar•t unanimously approved by a vote of 4-0-0, to r•e.ject the bids for• body shop r•epair•s for the I{er•r• County Sheriffs' Department. ORDER N0. cE87'3 REJECT RIDS FOR ELECTRICRL,PLUMBING, AND HEATING R AIR CONDITIONING SERVICES On this the loth day of Febr•uar•y ~OQ~1, capon motion made by Commissioner Baldwin, seconded by Commissioner- Let z, the Co~_~r-t unanimously approved by a vote of 4-O-Q, to reject ann~_ial bids for electrical, plumbing, and heating R air- conditioning services. ORDER N0, 2688@ REVISION TO THE F:ERR COUNTY PERSONNEL F'DLTCY On this the loth day of Febr•iaar•y C@@1, upon motion made by Commissioner Baldwin, seconded by Commissioner Let z, the Court unanimo+asly approved by a vote of 4-@-@, to discuss revision to the I;er•r• Co~_+nty F'er^sonnel Policies to (a) r•equir•e annual Employee Per•for•mance Reviews for- all employees who work for• the Commissioners' Co+ar•t or• in County departments not dir-ected by elected officials or persons not appointed by the Cnmmissioner•s° co~.+rt incl+ading Road and E3r•idge Dept., Animal Control Dept., and Facilities Use and Maintenance Dept. Said ,.~ F'er•for•mance r•eview(s> to be completed by Jan. 31st of each year-. The County Tr•easur•er• will be provided with copies of reviews for inclusion in employee personnel files; and (b) recommend and encourage other- f:er•r• Co+.+nty elected officials to do likewise for employees in their- Departments. (Pet.) ORDER NO,^c6B81 RCCEF'T RESOLUTION SUPPORTING F'LATERU WRTER PLRN GROUP'S FUNDS REQUEST FOR TRINITY AG!UIFER MONITERING PROGRAM On this the loth day of Febr•uar•y ^c001, upon motion made by Commissioner Let z, seconded by Commissioner Baldwin, the Court unanimously appr^oved by a vote of 4-Q-0, to accept Resolution supporting the Plateau Water Flan Group's request for f~_mds for- implimentation of Trinity Aquifer monitering well pr^ogr-am. ORDER NO. c^^6882 ACCEGT GROJECT AGREEMENT WITH USDR/NRCS CONSTRUCTION OF TEMPORARY BRIDGE AT HERMRNN SONS CROSSING On this the 12th day of Febr•~aar•y 20@1, ~.ipon motion made by Commissioner Let z, seconded by Commissioner Baldwin , the Court unanimously approved by a vote of 4-Q~-0, to accept the pr^oject agreement with USDA/NRCS for• the canstr•~_iction of a temporary bridge at Hermann Sons Cr^ossing and authorize the County J~.idge to sign same. ORDER NO. 26883 APPROVE ASSURANCES RELATING TO RERL PROPERTY AC~UISTION (RIGHT-OF-WRY) FOR HERNANN SONS CROSSING On this the 12th day of Febr•uar•y 2@@1, ~_ipon motion made by Commissioner^ Let z, seconded by Commissioner^ Williams, the Court unanimously approved by a vote of 4-@-@, to accept r^equir•ed assurances r^elating to real proper^ty acquisition (right-of-way) for^ the Hermann Sons Crossing and authorize the County Judge to sign same. ORDER N0. 26884 RFF'ROVE DRTE AND FORMRT FOR WORKSHOP' ON OSSF TECHNICRL R REGULRTORY ISSUES On this the lath day of Febr^uar•y c@@1, ~_ipon motion made by Commissioner Gr^iffin, seconded by Commissioner^ Let-<, the Co~_ir-t unanimously approved by a vote of 4-@-@, to accept setting the date and for-mat for a workshop on OSSF technical and r^egulatory issi_ies. Workshop set for Monday, Febr~_iary c6,c@@1 at 4:@@ p. m. ORDER NO. 26885 RUTHORIZE ERCH COMMISSIONER RND COUNTY JUDGE TO AF'pOINT HIGH SCHOOL STUDENTS TO REDISTRICING ADVISORY On this the lath day of Febr-~_~ar•y X001, ~_ipon motion made by Commisioner• Griffin, seconded by Commissioner- Williams, the Co~_ir•t unanimo~_isly approved by a vote of 4-Q~-s, to authorise Co~_inty Commissioner and the County J~_idge to appoint one High School st~.~dent to the Citizens Advisory Committee on redistricting.