;..-..; ?~ ~;; 1 2 3 9 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, February 26, 2001 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas c~ r~ E PRESENT: FREDERICK L. HENNEKE, Kerr CounCy Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct, 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFr'1N, Commissioner Pct. 4 2 1 ~- 2 3 4 5 6 7 8 9 10 11 12 13 ~--, 14 15 16 17 18 19 20 21 72 23 .,. 2 4 25 1 N D E X February 26, 2001 PAGE --- Commissioners' Comments 3 1.1 Pay Bills ~ °~C°g9~O 5 1.2 Budget Amendments ~,~~°~4'~~~ a~~U 6 1.3 Late Bills -- 1.9 Read and Accept Monthly Reportsjcaf~\l 10 2.1 457 Deferred Compensation Plan from VALIC ll~5c~'s~0N10 2.2 Change FLSA status of 4-H Program Assistant 7fr$9'L 22 2.6 Status/funding for Hermann Sons bridge DIS~J''~on~ 25 2.3 PUBLIC HEARING - Proposed Order establishing Juvenile Nocturnal Curfew for Minors 30 ai 2.4 Adopt Order - Juvenile Nocturnal Curfew 'L(~8G'~' 31 2.5 Resolution authorizing Lake Ingram Estates Road District unlimited tax bonds `d~0$~~ 74 t,~S'Cv`»~onl 2.7 Presentation by 911, current status/future plans 82 2.8 Purchase pager & pay monthly service fee for Z~ ~i~O on-call Burial Transit Permits 96 2.9 Vacate, abandon & discontinue Road #12, Turtle-2~0~~~ Creek Ranches 97 2.10 Application to Criminal Justice Planning Fund .248`~L for grant to Cluster Collections Pilot Project 102 2.11 Implementation date of current OSSF Order v˘j"^.J55~o"~108 2.12 Acceptance of remaining Center Point funds:i-(ta~~ 110 2.13 Resolution supporting RC&D efforts to publish~+~~jCU a book about conservation/related topics 112 2.14 Grant writing services for County by RC&D ;24~1~~ 115 2.15 Approve job description for Information Systems~~~td~.. Support Specialist° ~~*go'j 122 2.16 "Sunset" workshop re: county-sponsored programs 125 2.1'7 Request to use Youth Exhibition Center as primaRry or secondary evacuation site by K.I.S.D. ~ ~~ ~7 126 3 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 ^0 21 22 23 29 25 On Monday, February 26, 2001, at 6:30 p.m., a special session of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Te;cas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: It is 6:30 on Monday, February 26th. We will call to order this special Commissioners Court meeting. Commissioner Griffin, I believe you have the honors tonight. COMMISSIONER GRIFFIN: Yes. Would you stand please? Join me in a moment of silence, each in our own hearts and minds to seek guidance and wisdom i~r the task ahead. (Moment of silence and pledge of allegiance.) JUDGE HENNEKE: Thank you. At this time, if there's any citizen who wishes to address the Court un an item not listed on the agenda, please come forward and do so. Is there anyone -- any citizen who wishes to address the Court on an item not listed on the agenda? Seeing none, we will move into the Commissioners' comments. Commissioner Griffin? COMMISSIONER GRlr'FIN: No comments Lk-iis evening, Judge. JUDGE HENNEKE: No comments. Commissioner 4 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Baldtiain? COMMISSIONER BALDWIN: No comments. JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: I have a comment. I'm going to name my high school student to the Redistricting Committee. It's my pleasure to place before you the name of Lindsey Norlander. Lindsey's a senior at Center Point High School. She graduates in May; one year early, I might add, at age 17. And she, according to the principal's office, will likely graduate second in her class. She's been accepted by Texas A & M; however, she hasn't made that decision yet. COMMISSIONER GRIFFIN: How -- where is she? COMMISSIONER WILLIAMS: And she is a member of the debate team. Please welcome her aboard. JUDGE HENNEKE: Thank you, Commissioner. Anything else? Commissioner Letz? COMMISSIONER LETZ: No comments. JUDGE HENNEKE: All right. Couple comments from myself. First of a11, I want to thank everyone who had anything to do with the reception on behalf of T.D. Hall last Saturday out at the Ingram City Hall. It was a wonderful tribute to a man who's given -- I believe it's 50 years of his life and career to the service of Y,err County, and we honor him, and we're glad to have him still part of 5 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 us in his capacity as deputy constable for Precinct Number 4. Also, I would say that tomorrow evening, the Kerrville City Council is going to take comments on the issue of an appropriate name for what is now often referred to as the u.G.R.A. lake, and since this Commissioners Court passed a resolution in honor of -- asking the City Council to name that lake in honor of Darrell Lochte, I'm going to go tomorrow and make that presentation on behalf of the Commissioners Court requesting that the City appropriately name that body of water in honor of our late departed friend, Darrell Lochte. So, with that, let's move into the approval agenda. We have some bills to pay. Anyone have any questions about the bills presented? COMMISSIONER WILLIAMS: I have one -- a couple, really. Under Nondepartmental, Tommy, 1 see some expenditures, modest though they might be, for Intermedia Communications under Nondepartmental. Can you enlighten me about that? MR. TOMLINSON: are, but we do have telephone our computer department -- COMMISSIONER W MR. TOMLINSON: think that's what it is. I'm make sure. I'm not sure which ones they for our -- long distance for [LLIAMS: Okay. -- in the back, and so I not -- I have to look it up to 6 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Okay. AUDIENCE: Use the microphone. MR. TOMLINSON: I'm sorry. JUDGE HENNEKE: Does anyone else have any questions or comments? COMMISSIONER LETZ: Move we pay the bills. COMMISSIONER BALDWIN: Second, JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court authorize payment of the bills as presented and recommended by the Auditor. 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. We'11 now move into the budget amendments. Budget Amendment Number 1 is for Nondepartmental. MR. TOMLINSON: Okay. I'm asking that we move $209.04 from Nondepartmental Contingency to -- to Books, Publications, and Dues, and this is to pay our membership to the General Services Commission for state purchasinq. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. 7 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G S JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Baldwin, that the Court authorize Budget Amendment Request Number 1. 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. Number ~, also Nondepartmental. MR. TOMLINSON: Yes. In installing all of -- all the phones for the District Clerk's Office, we discovered that we're -- we're totally out oL room on our phone system. I have a price here from -- from Kerrville Telephone Company for -- for labor for -- it's a one-time charge to -- to add software to our system, which will give us more expandability for -- potentially for the downstairs and the basement, and one more phone in -- in the District Clerk's Office. And, this is the total -- their price for -- for one-time fee is $1,600. JUDGE HENNEKE: Questions? COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Letz, that the Court 1 2 3 4 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 ,q 25 8 approve Budget Amendment Request Number 2. 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. Number 3 is for the Sheriff's Department. MR. TOMLINSON: We had to replace a -- a monitor in the Sheriff's Department. I'm requesting that we transfer $180 from Capital Outlay in Nondepartmental t~ Capital Outlay in the Sheriff's budget. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve Budget Amendment Request Number 3. Any further questions ur 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. Number 9? MR. TOMLINSON: The last one is -- is a request from the District Clerk, and in her move from one location to the other, she had a computer that was given t~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 9 her by the Attorney General's office for -- for her clerk to enter the web site for -- for the A.G.'s office, and we attempted to use that computer for -- for our -- for that purpose, as well as for the District Clerk's software for her office. And, after two or three weeks of attempting to make this work, we've finally given up. And it -- it will -- it will -- we've finally found out that it has an internal code in the computer that -- that authorizes that computer to talk to the A.G.'s office, so we can't make it do both. And so, in order for this clerk to have a computer for -- for her desk that will allow her to get into the District Clerk's system, we need another computer. So, her request is to transfer $1,200 from her Capital Outlay -- I mean, from Part-Time Salaries into Capital Outlay. COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Letz, that the Court approve Budget Amendment Request Number 4 for the D1Strll; l_ Clerk's Office. 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. I take it we 10 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't have any late bills? MR. TOMLINSON: No. No, I don't, JUDGE HENNEKE: Okay. At this time, I'd entertain a motion to approve and accept monthly reports as presented. COMMISSIONER LETZ: So moved. COMMISSIONER GRIE'r'IN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court approve and accept 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 siyii. (No response.) JUDGE HENNEKE: Motion carries. Moving right along, we'll jump into the consideration agenda. The first item is to consider and discuss a presentation of a 457 Deferred Compensation Plan from VALIC. Barbara Nemec, MS. NEMEC: Thank you, Judge. A couple of months agc, I had the honor of meeting Ms. Diane Moore, and she came to my office, We had a meeting, and she explained to me some of the investment options that they have available for our employees. This would be strictly employees who are wanting to participate in their program. This has -- this is -- has nothing to do with our 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 retirement; that's separate and apart trom this. And, I'm going to let her make the presentation, I do want to say, just to set the record straight, that I am really not in favor of any more employee deductions. We have several that we offer our employees as far as life insurance and things like that, and I think at one time we had closed that to the genera] public. It's only that we are, right now, participating, or our employees are, in a 957 plan that really doesn't -- we -- we call an 800 number; we just don't have the service. Our employees are, weekly, having deductions made from their paychecks and are sending this to investments that they have chosen, but it's very hard for them to find out what their investments are doing, where their money is, and what can be done. So, that's what impressed me about -- about this group, VALIC. They're willing to come every payday, set up a little space in the corner, and each employee that has deductions made and investments going into their plan, they will be available to them to answer any questions. So, that's what impressed me about them. But, I'll let Ms. Diane Moore go ahead and make her presentation. MS. MOORE: I think I've already overwhelmed you with paperwork, so I'll keep this short and sweet. That large, red binder is mine. American General Corporation, my parent company, and VALIC have -- VALIC Financial Uivision, 1 ~-. 2 3 4 5 H 8 9 10 11 12 r. 13 14 15 lti 17 18 19 20 21 22 23 24 ..-~ 25 12 dealing with retirement, have pledged to service people Lhat need additional retirement savings. Your employees are Retirement System, which is a good program, but it's not going to replace their income at retirement, and most people recognize that their primary pension won't. So, this is an opportunity for your employees to have access to an additional voluntary retirement savings plan. The money goes in pre-tax, so they have tYie basis, and also to have it grow tax-deterred, so they would not have the burden of having a 1099 and having Uncle Sam take his piece out of it every year as it earns. They have the opportunity to have guaranteed fired investments, if they want the security of an investment similar to a C.D. at the bank, which they might understand. Or, if they are more knowledgeable about investing -- and we can help educate them -- they'll have the opportunity to invest in mutual fund-based variable investments, investments that are wrapped into annuity contracts. This is a program that we implement all over the country. Here in Texas, off the top of my head, we've got about 40 counties that I know that we service surrounding our primary regional and district offices. We handle Harris County and the -- and about 14 counties 1 3 9 5 6 7 8 9 10 11 12 ..~ 13 14 15 16 17 18 19 20 21 22 23 24 ~-- 25 13 surrounding Harris County, Dallas and the surrounding counties. We have been added to Bexar County recently. We're working on the City of San Antonio. This is what our so we have reps dedicated to these out]ying areas. And, we would come out, give educational seminars to your employees at your discretion to show them why they might want to save additional retirement dollars, how they can put that money away, what it's going to be worth to them at the time that they retire, and how to take distributions from it when they retire so that they can have a more financially viable retirement. The packets that I gave you explain there's no maintenance fee, there's no surrender charge. There's basically no up-front costs nor rear costs to the employees, only the underlying investment expenses. There's no expense to the County. J[JDGE HENNEIiE: What are the underlying MS. MOORE: The average is 1.2 percent, and that includes the investment advisory fee and the mortality fee, so what we pay to Franklin or Putnam or Aim or one of the fund managers, as well as our underlying insurance fee, which has a guaranteed death benefit to it, if the employee happened to pass away prior to retirement, prior to taking 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 any pay out on their account. Say they were a wildly aggressive investor and they happened to go into the -- you know, heavily into the market prior to October oL 1987, and the market crashed in October of 1987, and they put in $10,000; now it's only worth nine. Well, the undezlying mortality expense is what guarantees that they would get the full benefit of their contributions, plus a 3 percent annualized gain, so they'd never suffer a loss due to that. But, that's mortality expenses. And, expenses total about 1.2 percent. JUDGE HENNEKE: Is there a minimum -- MS. MOORE: No. We typically encourage, if they're goinq to handle deductions, that they do it at least $10 a pay period, just because it -- the expense of handling it through your payroll department. JUDGE HENNEKE: Would the employees who are currently participating in the -- in the investment plan, the supplemental retirement plan, be able to roll their investment into your plan? MS. MOORE: Yes, sir, they would. The restrictions that you have with the current company are that they're limited to moving 20 percent of their fixed assets -- their long-term fixed investments on an annual basis. And, all the variable assets, the monies that are invested in the mutual fund wrapped, can be moved 100 1 2 3 4 5 6 7 8 9 10 12 12 13 14 15 16 17 18 19 20 21 ZG 23 24 ~5 15 percent immediately. COMMISSIONER WILLIAMS: Are there a minimum number of employees you need to -- MS. MOORE: No, sir. COMMISSIONER WILLIAMS: -- to implerent tkie plan? MS. MOORE: We implement a lot of counties that have 100 employees and have, you know, 10 or 15 participatinq. So, we just want to make sure that it's available to all your employees if they want to participate. COMMISSIONER BALDWIN: Let me make sure I heard Barbara correctly. The -- under our current program, our employees are having a hard time finding out where their investments are, et cetera? Your company -- MS. MOORE: We would actually assiyn a Lep to you. COMMISSIONER BALDWIN: You'll have a live human being that will come service -- MS. MOORE: Real, live person. We would actually assign a rep to you. They would coordinate with Barbara, and then Barbara would help them coordinate with the different departments, et cetera, to make sure that we don't either overstay our welcome or not service your accounts to your satisfaction. So, if she wanted us to participate in an annual enrollment, you know, they would 16 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coordinate that with the Treasurer's office. If she wanted us to go to each one of the departments; say, Road and Bridge or to the County Clerk's office or to the Tax Office, you know, however that you preferred, and set things up individually with them, we would do that as well. It's -- it needs to be a mutual arrangement between us and your offices. COMMISSIONER BALDWIN: Cool. JUDGE HENNEKE: Are there any other department heads that are here that have any comments? Jannett? David? MS. PIEPER: Sounds good to me. COMMISSIONER WILLIAMS: I'd like to ask the Treasurer to expound a little bi*_ about the payroll deductions. Are you at a limit on the number that you can program into your computer -- your system, or are you just not happy about having another one? MS. NEMEC: We're not at a limit. It's just that -- oh, 7 don't know, eight years ago, when our county insurance changed to another insurance company, the County no longer offered life insurance for the employees, and there were, like, five insurance agencies that came in wanting to provide that insurance. So, rather than discriminate against one or the other, we allowed all five of them to sell insurance to our employees. So, now we have 1 3 4 5 6 7 8 9 10 11 12 ~., 13 14 15 16 17 18 19 20 21 22 23 24 25 17 three from -- you know, going with this company, and two Instead of just having one person come in and represent the County, we have all these different agencies, So, that's what I mean by -- you start letting just anybody come in here and service our employees, and we're just going to have everybody do it. So, we -- I think a couple of -- few years ago, we had said, that's it, no more payroll deductions for our employees. If they want any other benefits, they can do it on their own. That's what I meant by that. COMMISSIONER WILLZAMS: That wouldn't work in this rase, though, would it? 'Cause this has to be County-sponsored. MS. NEMEC: This has to be County -- well, I come out of their paycheck and for it to be tax-deferred. And, like I said, I see the service that our employees are getting with the other agency that we're with, and -- and I just see their money being thrown away. If not, I wouldn't be for this, but there -- they have -- there is no service whatsoever. We have employees that are putting away $300 to $400 a paycheck and can't get on the phone and get an answer 18 1 L 3 4 5 6 7 8 9 10 11 1? 13 14 15 16 17 18 19 20 21 22 23 24 25 about where their investments are going. DODGE HENNEKE: Have you had an opportunity to visit with any of the other kcal governments that use this service? MS. NEMEC: Yes, and they do come very highly recommended. They are very -- very friendly and service-oriented to all the -- all the counties that I've talked to. DODGE HENNEKE: If the Court approves of this additional opportunity, would you have a proposed start date? MS. NEMEC: Oh, probably, to give me time to organize it, April lst. COMMISSIONER wILLIAMS: And pre-seminar? Seminars prior t_o that time? MS. NEMEC: Yes. MS. MOORE: Or they could start at that time, whichever you prefer. That's something that we could coordinate with Barbara at her discretion. MS. NEMEC: We would start it, you know, the middle of -- of March, but I don't know how soon they'd be able to get in here and educate the employees on their services. COMMISSIONER LETZ: I like the idea of doing it. My only question is, do we need to -- I mean, just -- 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 19 American General Financial Group's the first Buie that came to us. Should we go out and get other solicitations, or just pick one -- I mean, the one that's on the table right now? 7s There any problem with just picking one without putting out for any kind of proposal? JUDGE HENNEKE: I would think this is not something that we have to put out for competitive proposals. COMMISSIONER GRIFFIN: No cost to the County. MS. NEMEC: Right. This is an employee -- voluntary deduction on the employee's part. The County -- MS. MOORE: If 1 can address that, Commissioner Letz, typically this type of service, local brokerages don't set up 457 plans. That's -- it's somewhat specialized; there's a lot of IRS documentation that has to go with it to set up the plan. And, secondarily, most of the brokerage firms that are individua] brokerage firms that might be able to tack it on typically can't do it with no front-end load, no rear-end load, no maintenance fees, unless you're going to offer them an exclusive contract with a guaranteed amount of assets that they're going to transfer over. we -- we were rather amused when the City of San Antonio came up to bid. Only two companies bid on it, because no one wanted to come in as an add-on. With a yroup that had 12,500 employees and $80 million in assets, nobody wanted to come in as just an add-on. So, that's why iL -- 1 3 4 5 h 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 zo typically ir. the rural communities, there are two primary companies that have done this; the company that you have and us. JUDGE HENNEKE: Jannett, you had a question? MS. PIE PER: Yes. If -- if y'all ch~5e to -- to go with them, would we also get to keep our deductions that. we have coming out now? JUDGE HENNEKE: Yes, the way I understand it. Is that correct, Barbara? MS. NEMEC: Yes. MS. PIEPER: Okay. COMMISSIONER WILLIAMS: But, there could be as much as a 5-year phase-out of people who've had -- MS. MOORE: Of the fixed assets, yes, sir. MS. NEMEC: Right. JUDGE HENNEKE: Barbara, are you aware of any other agencies that offer this service? MS. NEMEC: No, sir. Just these two that offer it now, we've had at our seminars. COMMISSIONER LETZ: I'm satisfied. I just wanted to make sure that we weren't prer_luding anybody. JUDGE HENNEKE: Good question. COMMISSIONER GRIFFIN: What do we need? I'll make a motion that we -- COMMISSIONER LETZ: I mean, it's kind of L1 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 ~0 21 22 23 24 25 broad. COMMISSIONER GRIFFIN: -- accept the offer. I mean, it's a -- it's something that the employees will have to be sold on. We're just authorizing the employees to -- MS. MOORE: There's not a contractual obligation to the County, either. It's 30 days. If we don't like you or you don't like us, we can go away. COMM15510NER LETZ: My only question is, is the agenda item specific enough to act on it? We do have two County Attorneys here. JUDGE HENNEKE: We should ask one of them. COMMISSIONER BALDWIN: Let's just put it on next time and put it on right. And, I agree; I don't think the verbiage is right. JUDGE HENNEKE: Well, if there's any question in our minds, let's put it down. We've -- I think there's a sense that -- COMMISSIONER BALDWIN: We'll put on it next time. MS. MOORE: I have a contractual document that your County Attorney can review prior to, so that they can have comfort with it. who would you like to pass those to? Here's my business card on there. MR. LUCAS: Thanks. 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 22 JIIDGE HENNEKE: That's fine. We don't need to rush. Thank you. We appreciate your time. MS. MOORE: Okay, thank you. JUDGE HENNEKE: Next item is Item Number 2, consider and discuss changing F.L.S.A. status from nonexempt to exempt for position of 9-H Program Assistant, as recommended by Nash and Company, consultants, Once again, our Treasurer, Barbara Nemec. MS. NEMEC: This position, before we had our job descriptions reevaluated, was an exempt status position, and after we had the evaluation by Nash and consultants, they recommended that we change this 4-H Program Assistant position to nonexempt. I passed out notices to each department and elected official to see if they had any problem with their job descriptions or the status on them that was recommended, and we then formed a grievance committee, acid those came before the grievance committee. This department did not ask for -- did not have a problem at that time, or -- or just did not come before the grievance committee. I have talked to Mr. Holland, and he was unaware of the change, or -- or at that time, just did not realize that there was going to be a problem with it being nonexempt. And, this position has since accumulated lots of hours in overtime, so it kind of dawned on them that maybe 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~G ~~ 23 they were classified incorrectly. So, Mr. xolland and I goL with Nash -- Dr, Nash, and he reviewed the job description and -- and, in essence, sent me a letter, which I provided you all with, that said that it was an error on their part and it should be an exempt position. So, that's -- Mr. Holland is out of town, and I told him that I would present this to you all for action, as changing it back to exempt. There also has been some overtime accumulated that has been on the books for this position for over three months, and does need to be paid to this individual, but Mr. Holland did not budget overtime funds for it because at the time he did not realize that it was going to be a nonexempt position. So, I think the Auditor has a budget amendment to go along with this agenda item. JUDGE HENNEKE: Appears to be news to the Auditor. COMMISSIONER LETZ: How much money? MS. NEMEC: It's $743.75 that we need to do a budget amendment for from Contingency to that salary line item, or create an overtime line item in that department. JUDGE HENNEKE: We'll have to take that up next -- next week, I believe -- next meeting. Does anyone have any questions about the issue of changing the status back to exempt from nonexempt? I 3 4 5 6 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 24 COMMISSIONER GRIFFIN: No. 1 think that's something, clearly, we ought to do. I'll make the motion to do that, that we -- I'll make a motion that we change the status of the 4'H Program Assistant from nonexempt back to exempt. COMMISSIONER WILLIAMS: Second DODGE HENNEKE: Moved by Commissioner Griffin, se conded by Commissioner Williams, that the Court change the F,L.S.A. status of the 4-H Program Assistant from nonexempt t o exempt, as recommended by the Treasurer and our consultant, Nash and Company. 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. Thank you, Barbara. MS. NEMEC: The budget amendment will just be presented next time? Is that what I understand) JUDGE HENNEKE: It's not on the agenda, so we're going to have to. MS. NEMEC: It is a budget amendment like the Auditor presents to all of you at the beginning of the -- JUDGE HENNEKE: Well, I mean, the Auditor will have to work through it. We don't have it here 25 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 ~4 25 tonight, and there's a question of do we set up a line item, which would require some action. We can take it up -- MS. NEMEC: Okay, thank you. JUDGE HENNEKE: -- in March. Thank you. (Discussion off the record.) JUDGE HENNEKE: Since we have a few minutes before the scheduled public hearing, let's skip to Item Number 6, which is consider and discuss the status and funding of Hermann Sons bridge. Commissioner Letz. COMMISSIONER LETZ: I put this on the agenda because we're at a point that we need to start spending some money on the engineering and right-of-way acquisition for the temporary bridge. Originally -- well, currently, Road and Bridge is taking it out of Contract Services, which is an appropriate line item for them to take the money out of, but I think my preference is that we set up a line item so we can track these funds, for several reasons. Primarily -- well, we can just keep track of it, but also, there is a chance of us getting reimbursed 100 percent of these -- of our costs from another -- Texas Community Development Program, which is another grant. So, it seemed wise to me to keep all the funds easily identifiable. Another thing that's happened recently is the -- the cost of the temporary bridge keeps on rising rapidly. I'm not sure exactly why, but the last number 1 saw, which 1 .- 2 3 4 6 7 8 9 10 11 12 ~-. 13 14 15 16 17 18 19 20 21 22 23 24 ,--- 25 26 was in a letter that was attached to the packet, put a price tag of about $250,000 for the temporary structure, of which our 25 percent is $57,500. I think that works out right, doing the math. There is a possibility, like I said, that through the Texas Community Development Program, I00 percent of our 67,5 would be covered under that grant. The stipulation with that grant is the total cost of the bridge has to be over $200,000, and that's why we didn't really pursue it too much before, because the price tag had been less than $200,000 until about a week ago. So, it's a moving target, and we still don't know really what it's going to cost, because the engineering is underway right now. But, just to get everything clean, what I thought we ought to do is put it on the agenda, just to get everyone aware of where we are, and then look for where the money's going to come from, assuming we don't get any assistance, and then we can always put it back into the General Fund if we do. I talked with Road and Bridge about it, talked with Tommy about it. There are two areas that this could come out of. It's obviously a non-budgeted item. That money can only be used for flood damage; that could come out of that. And, the other item would be to go with the Special Projects, Road and Bridge, and take it out of 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 27 reserve fund, Either way, it would be required -- it would require declaring an emergency and going into the budget and appropriating the appropriate amount of money. Again, we don't know exactly how much we need, but we know we're going to need something, and probably a minimum of $50,000, the way it looks. My preference would be to probably go into the Flood account, because we've never used that fund so far, and this is what it's set up for. JUDGE HENNEKE: That sounds to me like that's the appropriate place. Anyone have any questions or comments? COMMISSIONER LETZ: One additional point, which is just to make it a little bit more confusing. TexDOT last week decided that they were going to make this a high priority, and there is a possibility that this is going to be a -- put out for engineering in January 2002. Well, what that does -- it would be, after construction in late 2002, a Priority 1 project. What that does is that if they really were to do that, we would be spending a Lot of money for a temporary bridge that would be there for about a year or less than a year. But, what -- when I heard this from Road and Bridge, my immediate response was, well, yes, and the High Water bridge was supposed to be built two, three years ago, and it still hasn't been started. I have not talked with TexDOT directly, but that is something that we 28 1 3 9 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 need to keep in consideration before we jump in too far with spending the money. I'll try to get an answer from TexDOt; I'm working on that. COMMISSIONER BALDWIN: My suggestion is, if you see that you're going to take it out of the Special Projects, that would mean to me that one of -- a project in one of our precincts will get deemed -- and I'd hope that you would come back and let's visit about it a little bit before we just move forward with it. COMMISSIONER LETZ: Well, that's why I think we should take it out of the Flood -- COMMISSIONER BALDWIN: I agree, that's where it needs to come out of. COMMISSIONER LETZ: Tommy, there's a hundred and -- MR. TOMLINSON: $128,000. COMMISSIONER LETZ: $128,000 in that account, which will cover it. COMMISSIONER BALDWIN: Perfect. COMMISSIONER WILLIAMS: Yeah, excellent. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER WILLIAMS: You're not looking for action tonight, are you? Or are you? COMMISSIONER LETZ: I don't see any problems leaving it the way it is. We can do a budget amendment at 29 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the next meeting, 'cause Road and Bridge is doing it through Contract Services right now. I think they have the authority under a prior Court order to proceed on this, and then we could adjust it after we do the budget amendment next meeting, COMMISSIONER WILLIAMS: Commissioner, is there going to be a similar participation for the permanent replacement? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: Too early to have any feel for what that's gcing to cost, though? COMMISSIONER LETZ: Yes. DODGE HENNEKE: Is there any possibility that some of the work being done now would be a contribution towards the permanent -- the right-of-way or the engineering? Probably not talking about the engineering, but maybe the right-of-way? COMMISSIONER LETZ: Well, we're working on that. The right-of-way is not working real smoothly on the temporary, much less on the permanent. JUDGE HENNEKE: Okay, enough said. Any other questions on that item? Okay. Finding that it's now 7 o'r_lock, we will recess the Commissioners Court meeting and go into the public hearing on the proposed order establishing County Juvenile Nocturnal Curfew for Minors. 30 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~ 21 22 23 24 25 (The regular Commissioners Court meeting was closed at 7:00 p.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: A brief bit of introduction. The Court approved the proposed order on January 2nd, at which time we established this hearing. The order is a result of the work by the citizens -- the Juvenile Advisory Council, which has been looking at the issue of juvenile problems in Kerr County for over a year. The council met with representatives of the law enforcement agencies in Kerr County, as well as the school districts, got the -- trie benefit of the experience of the Ingram -- City of Ingram, which has a -- a similar curfew in effect, and unanimously recommended to the Kerr County Juvenile Board consideration of such a curfew in the unincorporated areas of Kerr County. Kerr County Juvenile Board, in turn, recommended to the Commissioners Court that the Commissioners Court establish such a curfew. The order was drafted and researched by our County Attorney, David Motley, and I believe it's his impression that it will stand up to any constitutional scrutiny, based on some cases that came out of the Dallas area. Additionally, last Tuesday at the Kerrville Independent School District board meeting, they passed a resolution confirming their support of a teen curfew along the lines outlined in the order. With that 31 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 opening background, is there anyone here who would like to address the Court on the proposed order establishing a County Juvenile Nocturnal Curfew for Minors? Wayne? MR. ESTE: I would, but you just outlined everything I was going to say. Thank you. JUDGE HENNEKE: Wayne Este, who is a member of the committee. Anyone else have anything they'd like to add on that issue? I see Phil Demasco in the back, who is also a member of the committee, and David Motley, who's a member of the committee. Thank you all for coming this evening. Unce again, is there any citizen who'd like to address the Court in this public hearing on the proposed order establishing a County Juvenile Nocturnal Curfew for Minors? (No response.) DODGE HENNEKE: Seeing none, we will close the public hearing and resume the Commissioners Court meeting and turn to Item Number 4, which is consider and discuss adopting the proposed order establishing a County Juvenile Nocturnal Curfew for Minors. (The public hearing was concluded at approximately 7:05 p.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: Do I have any questions or comments from the Commissioners? 32 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: I have a question. JUDGE HENNEKE: Yes, sir? COMMISSIONER BALDWIN: On the first page here, of the first "Whereas," it says that the Kerr County Commissioners Court determined, according to the most recent statistics available, that 58 percent of Kerr County's juvenile referrals for criminal acts, et cetera and so forth. 58 percent of criminal acts were done out in Kerr County? JUDGE HENNEKE: No, that's not only in Kerr County. COMMISSIONER BALDWIN: That includes the City of Kerrville? JUDGE HENNEKE: That's all of the referrals to the Kerr County Juvenile Probation Department from all of the law enforcement agencies. COMMISSIONER BALDWIN: That includes the City of Kerrville? JUDGE HENNEKE: Yes, it includes the City of Kerrville. COMMISSIONER BALDWIN: What would be the percentage out in the county? MR. MOTLEY: That's a little bit hard to determine, because none of this information is either computerized or is accessible through The Software Group. 33 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 This information was gathered manually by Mr. Stanton, and he literally went through the referrals that he had gotten for -- I can't remember what set period of time before. I had asked him for the numbers. As a matter of fact, you'll notice that the numbers there, say, between 11 p.m. and 6 a.m, and since he gathered those numbers in an effort to make our order more identical with the Ingram order, really, I think at the request of law enforcement, so we had the orders coterminous, that, you know, we were originally looking at 11:00 to 6:00 on ours. But, put it this way; that's a -- that's a small percentage of the day. That's only 29 percent of the day, and 58 percent of the offenses are happening during that time period. So, really, it appears that offenses are happening during those hours at a four-to-one ratio. COMMISSIONER BALDWIN: I don't have any problems with that. I just -- MR. MOTLEY: But I don't know. We -- you know, we can't determine -- COMMISSIONER BALDWIN: You know, I'd feel uncomfortable adopting some kind of curfew law that -- when there's nothing going -- nothing wrong going on out in our county. You know, I just -- MR. MOTLEY: Well, I don't know if Mr. Stanton is here and can give you a general sense of what 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 29 25 34 percentage of the referrals come from outside the City of Kerrville -- COMMISSIONER BALDWIN: Right. MR. MOTLEY: -- and excluding Ingram. I mean -- COMMISSIONER BALDWIN: Let me ask you another question. As a prosecutor, do you see any problem with ttris thing -- this thing being piece-mealed together? Like, the City of Ingram has -- has adopted a program out there a long time ago, I understand, and then Kerr County comes along and adopts a curfew program. Then the City of Kerrville is sitting here without one. See, that doesn't make any sense to me. But -- MR. MOTLEY: Yeah, but we can't really -- COMMISSIONER BALDWIN: As a prosecutor, do you see any problem with that? MR. MOTLEY: Well, I mean, 1 guess the fear might be is that the kids who are going to be out after curfew hours are going to be migrating towards the places where there's no curfew. But, I -- of course, we have no authority over the City of Kerrville to get them to do these things. I know that I've had inquiries from their legal staff about -- about our order and the court authority and such on which it was based. I could assume that something perhaps is in the works, although I don't -- 1 have not beery 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 35 notified. COMMISSIONER BALDWIN: Just seems to me a business -- a businesslike fashion to go about it would be the City of Kerrville adopt one and then -- then let's go -- go out and do the entire county. MR. MOTLEY: I know that Chief Dickerson has expressed interest and support in this -- in this order. I know the Sheriff -- and, of course, Ingram has been pleased with their results, and so we've let everybody know in the area, the schools ~ncLuded, that we're contemplating the order. And, that was done back at the committee level. But, as far as a sense of what percentage of that, you know, 58 percent are county, exclusive of city, I don't know. We`d have to really -- COMMISSIONER BALDWIN: Let me ask you this. MR. MOTLEY: -- look at it again, COMMISSIONER BALDWIN: Let me ask you this. I think you probably -- being that the County Judge is the juvenile judge and your office is the prosecuting office, how many -- what percentage of the crimes happen outside the City of Kerrville? MR. MOTLEY: Are you talking about all crime? Or juvenile only? COMMISSIONER BALDWIN: David, we're dealing with juveniles here. 36 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 MR. MOTLEY: Well -- COMMISSIONER BALDWIN: Juvenile only. The things that y'all deal with in this room. MR. MOTLEY: I'm going to give you a straight answer. We don't really -- we don't really record, when we're processing the case, whether it's a county case or a city case. The way we could probably do that is qo get -- we log in every case according to which agency sends it to us. We can go look at those log books and see how many cases come from the Sheriff's Department over a given period of time. Ingram Marshal, D.P.S., Kerrville Police Department, and other agencies. We can do that. There is a minor overlap there. I mean, there are times when a Sheriff's deputy may give somebody a -- a ticket or a D.W.I. or something in the city limits, and there's times when the City police -- you know, but generally speaking, we could get an idea by looking at the log books. COMMISSIONER BALDWIN: Yeah. Well, what triggered that thought or that question was, the last time we talked about it, Fred was talking about some little Billy Bob walking down the street and pulled out a key at a -- at an automobile dealership and scraped the side of a car. Well, we don't have a lot of automobile dealerships out in the county. I'm just trying to get a feel of, you know, how many -- 37 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: That one happened to be in the county. COMMISSIONER BALDWIN: Did it, really? JUDGE HENNEKE: Just this side of -- of the Danger Zone. MR. MOTLEY: Body shops, repair garages, auto garages have the same sort of problem; broken windshields, damaged paint. I know that we've dealt with a number of cases that would be in the county. They wouldn't have to all be new or used car dealerships in order to suffer damage of a criminal mischief nature. COMMISSIONER BALDWIN: Okay. MR. MOTLEY: I don't know if I answered your question. I'll be happy to go look at those log books, give you a number for adults and -- COMMISSIONER BALDWIN: I kind of wanted to know that tonight to -- in order to make a decision. MR. MOTLEY: We went the extra mile with The Software Group trying to find out if the -- all information through the Sheriff's Department could be sorted according to age of offender and hours of offense, and Rusty can tell you that just simply was not available in that manner. So, it would require somebody quite a bit of time to manually go through every offense report. COMMISSIONER BALDWIN: Recordkeeping. 38 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 WILLIAMS: I have a question -- JUDGE HENNEKE: Go ahead. COMMISSIONER WILLIAMS: -- for the County Attorney. David, under Curfew Hours, we're talking about the curfew being from 12:01 a.m. to 6 a.m. Monday, Tuesday, Wednesday, Thursday, and Friday, and we're saying that it is 1:01 to 6 a.m. -- 6 a.m. -- 1 o'clock to 6:00 on Saturday and Sunday. Given that school is Monday, Tuesday, Wednesday, Thursday, and Friday, and the off days are Saturday and Sunday, wouldn't it be a little more practical for the curfew to be shorter on Sunday nights, since they're going back to school on Monday morning, as opposed to being shorter on Friday night, when Saturday's the day off? JUDGE HENNEKE: This is not night, this is morning. COMMISSIONER WILLIAMS: Well, a.m. -- well, it's -- 1:01 a.m. is night, by my clock. JUDGE HENNEKE: That's 1:01 a.m. Sunday morning to 6 a.m. Sunday morning. MR. MOTLEY: And Friday -- Friday, 12:01, one minute after midnight, until 6 o'clock, they're prohibited out. And then, of course, Saturday, which would be, you know, one minute -- I mean, they get an extra hour on Saturday beginning at midnight, of course. COMMISSIONER WILLIAMS: So, the way you're 39 1 r-. 2 3 4 5 6 7 8 9 10 11 12 ^ 13 14 15 16 17 18 19 20 L 1 22 23 24 25 reading it, then, is really Friday night and Saturday night, as opposed to Saturday night and Sunday night; is that MR. MOTLEY: Well, again, I was -- I was really trying to r_omport more with what they had in Ingram trying to enforce this. But, yes, strictly I'm -- I'm -- I put the 12:01 to 6 a.m. in there, you know, on purpose, 'cause Friday night, the night before -- or Friday morning, excuse me, 12:01 a.m. until 6 a.m., they have school sometime around 8 o'clock a.m. or 7:45 a.m., so that's a night on which -- on Friday that they would be expected to be in that hour earlier. Okay? So, I don't know if I -- I hope I wrote that clearly. COMMISSIONER WILLIAMS: I understand. DODGE HENNEKE: Any other questions or COMMISSIONER LETZ: I have several, Judge. As I think everyone's probably aware in here, I've said several times I'm opposed to the curfew, just on the basis I don't think it's the government's job to be doing this. I think it's just a parental issue, and I just don't think we should be going down this road at all. That being said, I do have some specific comments, though. One, I -- you know, this is -- I have no side based on what the County Attorney 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 just said under the first "Whereas." I was just curious as to what percent of adult crimes happen during those same hours. My suspicion is that the majority of all crimes happen in the middle of the night. MR. MOTLEY: I will tell you that when I was asking for the other statistics that I just mentioned a moment ago, I did ask for adult offenses broken down by type of offense and by -- by hour, as far as -- you know, in the county system. My understanding is they're not able to produce that specific information from what is maintained on our mainframe system. I asked for quite a bit of information that, really, we weren't able to generate. So, what we were able to do was basically have somebody go through the most recent stats by hand, and I got the stats which I felt were more closely aligned with what the purpose was and included them, and that's really all we were able to do. But, we -- I tried every way possible, I think, to get broader statistics, and I would like to know the same thing. COMMISSIONER LETZ: I just -- it's not that big a deal. It's just that -- I mean, it's -- to me, that "Whereas" is -- you pick and choose, and I think all crimes happen at night, basically. But, that's neither here nor there on this. On the hours listed, there is a curfew -- to me, 6 a.m. ought to be changed to 5 a.m. There's a lot of hunting that goes on in this area, and people that go out. 41 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 A lot of them are not with adults, necessarily. And, I know -- I don't think that it would change the effect of the curfew, really, to have a 5 a.m. period, certainly on the weekends. The thing that -- another point that -- MR. MOTLEY: Are you talking about only on weekends? Are you saying -- COMMISSIONER LETZ: I mean, that's where I see the biggest need, but, I mean, it could be Christmas holiday, it could be, you know, every day of the week, probably. So, to me -- MR. MOTLEY: Well, if it's a declared holiday, it's off limits anyway. It's -- COMMISSIONER LETZ: There's no curfew on holidays? MR. MOTLEY: No. It says in here that under -- under -- it's on Page 2. It's A(2)(c) It's -- well, it just says 1:01 to 6:00 on any day preceding a school holiday for students as declared by any of these schools or school districts. So, it would be in effect. It would be the same as the weekend time on that one. So -- COMMISSIONER LETZ: Does it say that? MR. MOTLEY: Yeah. I mean -- COMMISSIONER LETZ: On any day preceding a school holiday. Doesn't say what's on that holiday. MR. MOTLEY: Yeah, you're right. 92 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 COMMISSIONER LETZ: The day before the holiday. MR. MOTLEY: Yeah. Well, maybe that's a -- COMMISSIONER LETZ: Not during the holiday. MR. MOTLEY: You're right. JUDGE HENNEKE: Should be on the school holiday. MR. MOTLEY: Okay. All right. I think we can -- COMMISSIONER WILLIAMS: Well, it could be both. MR. MOTLEY: We certainly can make that change. COMMISSIONER LETZ: 5 a.m. is a better time. The other thing that concerns me, I think, is where Commissioner Baldwin is going. I really have never seen any -- any data to show that there's a need for this. I mean, the justification that I've heard from the juvenile -- or from the Judge is basically that we've hired another Juvenile Probation Officer or individual, and, you know, I just don't know that -- you know, I understand we -- for whatever reason, we r_an't produce any -- any reliable information, statistics on crimes of this type as to where they are or when they are that much. But, to me, we're going into this a little bit -- you know, without a lot of 43 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 knowledge. And that gets me to my final part, under the Review section -- MR. MOTLEY: Can I speak to this last one you just mentioned there? COMMISSIONER LETZ: Sure. MR. MOTLEY: And I think you're correct, by the way, as far as that -- on the school holiday thing. That's an error. COMMISSIONER LETZ: Okay. MR. MOTLEY: We did try to get all manner of statistics; we were just unable to do so. A lot of what the committee, I think, looked at -- and Wayne can probably verify this for you -- is that a lot of it is -- was a sense of -- of what some of the officers and some of the people who work with the kids expressed to us. So, in -- I won't say in lieu of statistics, but in addition to statistics, we did have people telling us that -- that they had a sense that there was more involvement of just random criminal mischief occurring in these hours. We consider that to be valid information. It's more of a personal impression and not backed up with stats. I mean, I'd be happy to try to get more statistics. COMMISSIONER GRIFFIN: Why not -- if the statistics are squishy, why not just remove the first Whereas? Doesn't change anything. Leave it out of there. 49 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. MOTLEY: I think it's important to have some -- COMMISSIONER GRIFFIN: The other Whereas's cover it pretty well. MR. MOTLEY: Right, but -- COMMISSIONER GRIFFIN: If you don't really know what the statistics are, I don't see any need to -- MR. MOTLEY: Well, the statistics here are valid. These -- these are valid statistics. COMMISSIONER GRIFFIN: We don't study that. JUDGE HENNEKE: But there's no -- there's no challenge to the validity of the statistics. Those are statistics gathered by the Juvenile Probation Department based on referrals from the law enforcement agencies. There's no question as to the validity of the statistics. COMMISSIONER GRIFFIN: Well, I'm not questioning the validity at all. All I'm saying is if that's a hangup, we could take that out of there, and I don't think it changes anything. JUDGE HENNEKE: Well, I think it's an element of -- of the court cases that David has studied that -- that indicate that -- that the curfew needs to be based on some sort of statistical analysis, which I think is one of the bases for it to be a -- Wayne, you had a comment, sir? MR. ESTE: I think the question that we're 95 1 2 3 4 5 6 7 I B 9 i 10 11 12 _. 13 14 15 16 l7 18 19 20 21 22 23 24 25 talking about is one that has been confirmed by the Sheriff's Department, police department here in Kerrville, probationary people -- the probationary board, that although we may not have the statistics as you -- as you'd like to see them, they can only enforce the law at the times of the morning that we're talking about if they have something to enforce it with, some instrument, some tool. COMMISSIONER LETZ: My argument is, if the kids are not doing anything wrong, why should they be approached, period? I mean, it's not -- anyway, that's not at issue. Let me get on with my other point in here under the Review portion, but first go back to what Larry's point is. I'm not challenging the statistics here, I'm just saying there's nothing in here that has provable statistics that there's a problem in Kerr County -- there`s a problem in the county. Only that maybe, as a whole, these relate to city of Kerrville, city of Ingram, and Kerr County, And, my issue is, I don't know that there is a problem in Kerr County. The problem may be in the city of Kerrville, and there's no statistics that anyone can come up with that says there is a problem in the county portion of Kerr County. That's what I'm saying. Under the Review portion, it talks about a review coming up iti six months. I have two comments on that. One, I sincerely hope that the County Attorney and 46 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 the Juvenile Board can handle this -- and the Sheriff's Department; that we start having statistics exactly as to where these kids are being stopped, where the crimes are, and what the problems are. I think, you know, it's ridiculous for us to be able to review something that we don't even have statistics for. And, on that point, I would also like to recommend that the third sentence, which reads, Kerr County Sheriff will make recommendations -- second sentence -- recommendations to the Kerr County Commissioners Court concerning the effectiveness of and need for continuing the order. I would rather see this order sunseted after six months and let us take proactive action by the Court to continue it. I think that is one way to insure that we get the information that I think we need to, again, make a reasonable, you know, decision as to whether this is working, whether there is a problem, whether there is not a problem. And I think if it's -- as far as a little bit more of a -- I guess not really a burden, but it will make more of an insurance that these statistics are kept if this is just sunseted after six months and it takes action by us to continue it. COMMISSIONER WILLIAMS: Well -- COMMISSIONER LETZ: That's my only comment. COMMISSIONER WILLIAMS: I'd like to follow up 97 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 on what Commissioner Letz is saying and what Commissioner Baldwin said earlier. Essentially, I favor the curfew; or at least we're not aware of their potentially enacting a similar curfew, I'm wondering whether or not we're driving the juvenile delinquents from the county to the city because there is no curfew, and whether or not the effectiveness of what we're attempting to do is -- is diminished considerably because of that. Unless somebody can tell us tonight that the City of Kerrville is seriously entertaining it and is at the point or almost at the point of doing what we're doing tonight, I think I'd like to add into -- under the Review section, picking up on what Commissioner Letz said, a sunset provision after one year, if the City of Kerrville has not enacted -- I think it's futile if you don't have uniformity across the county. JUDGE HENNEKE: The experience in the City of Ingram has been very positive to this concept. I think the Sheriff will agree with that, and I know Mr. Este will agree with that. They have had a curfew in effect for -- two years? Three years? Without a -- without a County curfew in effect, without a City of Kerrville curfew in effect. And, the impact, from what I'm told, has been very positive. 48 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 I think the people who have the businesses between Kerrville and Ingram, people who have the businesses and homes in Center Point, really aren't that interested in whether the City of Kerrville is involved or not. What they're interested is the protection for their own businesses and their own professions and their own residences and their own children. This Court cannot control what the City of Kerrville does. I spoke to the mayor today. I asked him what their timetable was. He said they're essentially waiting to see what we do, but they would -- it was his sense that they would be disposed to take up the issue if the Commissioners Court leads the way. There are times when you lead and there are times when you follow. I've never known of this Commissioners Court to be dependent upon guidance from the City of Kerrville in anything, and I'm a bit amazed to see that there's a sentiment now that we shouldn't act because the City of xerrville has not acted. You need to explain to the operator of the Mini-Mart in Center Point why we're reluctant to act if the City of Kerrville is not going to act. Wayne, do you have any comment on the -- COMMISSIONER GRIFFIN: I'll go a little bit further, Judge. I'd say that if we wait for the City to do anything before we do something, these teenagers will all be collecting Social Security. So, you know, it's just -- 49 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 that's a -- that's just a fact. They' re not going to lead the way on anything, because it takes them too long to do it. COMMISSIONER WILLIAMS: Just a tad of qualification, Judge. I'm not suggesting that we wait until the City of Kerrville does it; I'm suggesting that the effectiveness of our action is considerably degraded by reason of their, perhaps, not acting. Doesn't mean I'm not in favor of it. I am in favor of it. MR. MOTLEY: Judge, the Ingram order was effective July 20th of 1999. JUDGE HENNEKE: Sheriff? SHERIFF HIERHOLZER: The only comment -- and I'll comment a little bit back on the statistical value. The problem with a lot of getting the statistics is that we're out there at 2 o'clock in the morning and we bust up what we call a juvenile party, okay? You may have the -- most likely you're going to have between 15 and 20 kids at one of those. That goes in under one -- what we call a case number. A11 right? So, as far as statistics, the only thing we could put, except for individually going through and listing the number of kids at that party, is one incident, okay? Or one offense, where you may -- it may actually involve 20 kids out there. So, you have a problem, you know, with getting that type of statistics. 50 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 Now, if they enforce it with the Review provisions in here, I'll just have to develop a program that we can come up with, hopefully dealing with Sottware group, to where it can be done computer-wise, or we'll have to manually keep track of it. I don't have a problem at all coming back with a review. I, too, think it ought to be reviewed, and let's see exactly where it is. As tar as crimes, you know, we know we have quite a few. I know right now, like, our criminal mischief out in the county after the midnight hours involving windows getting broke out of businesses, mailboxes and signs getting run over, is on a drastic increase over the last few years. I feel that most of those are done by juveniles, but until those would actually be solved, I couldn't swear that they're juveniles and not 18- or 19-year-old kids, or even adults. But, I think there's definitely a need for it in the ~~ounty. Me, as a parent, I may disagree and think parents and families need to take care of their own, but as a law enforcement officer, I think we have to do it. As far as if the City does it, I kind of agree with Judge Henneke on that. You know, I hope the City does, because I don't want us just chasing the kids inside the city limits and letting them do that. But, on the other hand, maybe this will stir them up. They normally have almost twice as many officers out in the city as I do in the 51 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 county, so if it does chase them in the city, they can be controlled a little bit better by more officers on the streets, and I hope we can control it that way and lower our crime rate out in the county. COMMISSIONER LETZ: Rusty, are you going to plan or already planning to figure out a way to keep track of -- of stops that are -- are, I guess, an inconvenience to good kids? That's basically someone who has a defense, which there are many in here, and how these defenses are going to be handled by your department. SHERIFF HIERHOLZER: We can definitely come up with a plan for that. COMMISSIONER LETZ: I think it's -- you know, the number of -- anytime you do one of the stops, you're going to be inconveniencing that kid. SHERIFF HIERHOLZER: Mm-hmm. COMMISSIONER LETZ: And detaining that kid, and probably for 15, 20 minutes. And, if most of the stops are kids that have a defense and are basically not breaking the curfew, then I think that needs to be noted in your statistics as well. We need to know that. SHERIFF HIERHOLZER: We can definitely do that. The only concern that -- y'all brought it up about the holiday deal; I do have a concern over that. And I have a concern if it's an Ingram school holiday, but not a 52 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 Kerrville school holiday, does that mean the kids going to Ingram are exempt, you know, under the hours, and not the kids going to Kerrville? Or how -- 1 think there needs to that we can -- and it it's summer vacation, is that going to be considered a school holiday? Should it just be that there's no school by public or private school? I don't know. But, there -- that would be where I'm going to have a problem with the enforcement, is getting that language clear. JUDGE HENNEKE: David'? MR. MOTLEY: Can I speak to those issues? There is really -- you know, the Ingram order has an advantage over the county-wide order, in that I believe it makes sense to say that there's a holiday. All the kids who live in Ingram probably are going to the Ingram Independent School District, so if they have a holiday, it's going to cover all the kids living in that city. As the county encompasses many independent school districts and other schools, we had to figure out a way to recognize that these school districts may have holidays, and rather than the Sheriff having the nightmare of saying, well, it's a holiday in Hunt, but not anywhere else, and then trying to determine if the individual they've stopped is a student at Hunt or lives in Hunt Independent School District, I think we had 53 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 sort of talked it over -- I don't know if this is at committee level or elsewhere -- that since the county had all these different schools in it, that the thing to do might be to say if any of those districts or schools have a holiday, then it extends the curfew by an hour for the night basically preceding that holiday. And, another thing I wanted to mention, I think in response to -- may have been Jonathan's question, but it seems to me like it would be something real easy for Juvenile Probation to start keeping real close numbers on numbers of kids referred for offenses in the county, you know, and doing that probably as quickly as trying to get Software Group to do something. They could manually do that, I think, pretty easily and have some numbers in the 6-month period. COMMISSIONER BALDWIN: I'm amazed that they do not do that. I'm amazed. MR. MOTLEY: I just -- I'm not sure exactly what they -- what they do. I mean, that's never really been an issue before, where the kid is from. It's more like what they did and what we're going to try to do to help this -- DODGE HENNEKE: Wayne, do you have a comment, sir? MR. ESTE: Yeah. I had not completed my comment before Councilman Letz -- Commissioner Letz took over. The question that we're asking there about the 54 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 holidays, probably six in a school year would be different, with all the school districts. I don't think we're talking about more than six. Now, other support for this program, all of the school districts have supported it. The Sheriff's Department has supported it. And we don't have the City Council -- the City Council of Kerrville supporting it yet, because it hasn't been presented. It has been presented to quite a number of officers who are in favor. Now, how does it work in Ingram? It works as a tool. It doesn't work as a thing to stop good kids from running up and down the streets. It works as a tool. There's a tear-off sheet that's given when a child is -- or someone below 17 years old is caught out after hours, and on that tear-off sheet, if the officer makes a determination that the child is in violation, he checks them off. I would -- I would imagine Rusty and his group would follow something very similar. I don't see this as any manner in which we'd be harassing kids. I have a 16-year-old at home myself. I don't have any problem going home tonight, gentlemen, and saying Daddy is in support of this. You know, he would tell me it's a good thing, 'cause he knows what's going on. Anybody that has children 16 years old, 15 years old, they know what's going on. Rusty could tell you what's going on in the community. You know, and I agree 100 percent with you, Jonathan. I don't like to 55 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 tell parents how to raise their children. Onfortunately, we have a heck of a lot of parents in this community who are not raising their children. Not you, not me, but there's a lot of them. More and more every day. Ask any of these people in this room that's in the school business; they'll tell you. And it's not from my kids or your kids, but there's a lot of people just not doing what they're supposed to do. COMMISSIONER LETZ: My point on that is that we're encouraging parents to take less responsibility because the government's doing it for them. 'That's -- anyway, we differ on that point. MR. ESTE: Well, we can differ on that, and I'm as conservative as anybody in this room, and I can tell you one thing. I agree with you, but it's not going to change unless you try to bring about a change. If there's a $500 fine, that might bring some parenting skills into focus, believe me. Thank you. SHERIFF HIERHOLZER: The only the last comment I would have is on the holidays, because the County does encompass so many different school districts, and I still think there are -- there could very easily be some problems during those type holidays, I would possibly urge that the Court to consider putting one time period, regardless if it's -- if it's before a school holiday, 56 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 during school, or any other time. If we can try and encompass just one hour, that's -- whether it's 12:00 or whether it's 1:00, that we can go by with -- I just believe in simplicity with the deputies, and that way they all know exactly what it is. We don't have to keep up with the school calendars and which one's in and which one's out. Just a recommendation from my part. MR. MOTLEY: Can I ask some clarification on that? You're saying on the day or the night before a school holiday or the early morning of a school holiday, to just -- SHERIFF HIERHOLZER: I'm just saying on any day of the year, you just have certain hours. COMMISSIONER GRIFFIN: Just have one time. MR. MOTLEY: And don't worry about -- COMMISSIONER GRIFFIN: 1:01 to 6:00 or -- SHERIFF HIERHOLZER: Don't worry about whether it's weekends, holidays, or whatever, because we have too many school districts in effect and it's just kind of -- MR. MOTLEY: We11, I'd like to do whatever is going to make it easier to enforce. You know, that would be my preference on -- on the thing. JUDGE HENNEKE: What I'm hearing is a proposal that if we can look at the language, that the definition of curfew hours would be curfew hour means 1:01 57 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 a.m. to 6 o'clock a.m. on any day, period. Any day of the week, period. Is that -- MR. MOTLEY: 1:01 to 6:UU? JUDGE HENNEKE: Sheriff, is that what you're suggesting? SHERIFF HIERHOLZER: I'm not going to suggest the time; I'll let y'all determine it, but that's what I'm suggesting for us for enforcement purposes, because it is county-wide and does involve so many school districts. MR. MOTLEY: And -- and then are we talking about the same hours for summertime, Christmas break, spring break? JUDGE HENNEKE: The same curfew 365 days a year, 1 a.m. to 6 o'clock a.m. SHERIFF HIERHOLZER: Also makes it a lot easier year to educate parents and kids as to what the curfew is. MR. ESTE: Did you say 1 a.m.? MR. MOTLEY: 1:01 to 6:00 is what I -- he didn't say, but -- SHERIFF HIERHOLZER: I think the Juvenile Board that recommended this and did their study of that will probably have a -- you know, I can see that there's a criminal aspect, but we'll probably have a better recommendation on which hours should be adopted, whether it 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 76 ]7 18 19 20 21 22 23 24 25 be 12:00 or 1;00. MR. MOTLEY: If the goal is, in fact, to discourage or prevent juvenile crime, it really makes no sense to have an extra hour on a week -- weekend night, anyway, because it`s just as likely -- probably more likely to happen on a, you know, Saturday from 1:01 to 6:00 and a Sunday, 1:01 to 6:00 as it is any other day. By giving them an extra hour, you're sort of giving them, you know, extra time to be out. But if your goal is to quell crime, it seems that it would be -- it would make sense to have them all the same time. COMMISSIONER GRIFFIN: Judge, since we have several proposed minor word changes and now one rather significant one, should we perhaps bring this back next time? Although we've had the public hearing, we could bring this back next time so that the committee has a chance to work with David on coming up with the right language and the right hours. Maybe it's 12:30, split the difference. But, anyway -- and perhaps bring that back for a vote at a later time. We're going to have a little trouble, I think, getting to a corrected copy. SHERIFF HIERHOLZER: With -- with just the facts about that, like David's saying, if you add another hour, it -- most of our problems probably are on weekends, okay, so we wouldn't add another hour there. Can I say one 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 59 thing? I'd like to see, if it's going to be adopted, that it's adopted as soon as possible so that we can go through an educational period with the school districts, where -- like, Henneke and 1 talked with our S.R.O. officers, our School Resource Officers, that can start educating these kids at school now to where we have them grouped up before summer kicks in, and before possibly even spring break, to where we can start having some meetings. So, with that -- and just off the top of my head, with the types of crimes that we're having and the hours, I would -- being forced to do it, like I said, as a parent, I disagree with having to do this, but as a law enforcement officer, I think it's extremely necessary. I would recommend the hours of 12:01 a.m. to 6:00 a.m. COMMISSIONER WILLIAMS: Is that consistent with Ingram, Sheriff? SHERIFF HIERHOLZER: I have a copy of theirs in here. MR. ESTE: I think it's 11:00. MR. MOTLEY: Ingram has a sliding -- our original wording was consistent with Ingram, the 12:01 to 6:00 Monday, Tuesday, Wednesday, Thursday, Friday; 1:01 to 6:00 on Saturday and Sunday. SHERIFF HIERHOLZER: But they have one school district. They have -- 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 60 COMMISSIONER LETZ: If the argument is that you shouldn't listen to the city -- or wait for the City of Kerrville, we shouldn't necessarily rely on the City of Ingram. We should -- MR. MOTLEY: The deal with the City of Ingram was for simplicity of enforcement by the Sheriff's Department, so we wou]dn't have a different standard over there and -- and in Kerr County. Let me say that if the Commissioners want to address Commissioner Letz' proposed amendment regarding the 5 o'clock hunting business, and also, either Jonathan's sunset provision or Coamiissioner Williams' sunset provision, unless the City acts -- if you want to do that, I can have you a printed copy of this with the changes up here in 20 minutes, if that's what y'all would like to do and do this tonight. COMMISSIONER LETZ: Bill, under Defenses, (1)(c), didn't you ask last time that we add interstate travel to that as well as intrastate? MR. MOTLEY: He asked me to look into LYiat. COMMISSIONER WILLIAMS: I did ask him to look into that. MR. MOTLEY: The reason that's in there is because of the constitutional right for interstate commerce, and that recognizes that right. There's no equivalent right to travel intracounty, intercounty, or any -- any other 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Ll 22 2J 24 25 61 similar -- these defenses are placed in here in order to make the statute attain the purpose as closely as possible without steppinq on somebody's constitutional rights, and that's what they're designed to do. COMMISSIONER LETZ: I think you need a defense for someone who's traveling through the county. How can you break the -- have them breaking a curfew if they don't even know that there's a curfew? How would they know there's a curfew? I -- COMMISSIONER WILLIAMS: That's kind of the point I was making when I originally brought it up, having intracounty travel listed as a defense. You go from one end of the county to the other, it'll take you two hours. DODGE HENNEKE: That, to a certain extent, defeats the whole purpose, because you're always traveling intrastate wherever you're -- intercounty wherever you're going. MR. MOTLEY: Let me also mention that the Sheriff's Department -- and I don't know if it actually is spelled out in here, but the Sheriff's Department and the deputies have a great deal of discretion, generally speaking. And, you know, I would really trust them. I would hope that they would not be stopping people out on, you know, the interstate or on one of the highways and trying to prosecute them under this if it's apparent that 1 ._.. 2 3 4 5 6 7 8 9 10 11 12 ... 1 3 14 15 16 17 18 19 20 21 22 23 24 25 62 they're not even citizens, you know, of the county. SHERIFF HIERHOLZER: make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection L is present." COMMISSIONER LETZ: You're saying that your office is -- under this enforcement clause, even if they don't have any defense listed, you can let them off still. SHERIFF HIERHOLZER: Well, the way -- and a lot of it, I think, goes along with traffic enforcement. I think we need to be -- to use enough common sense to be able to listen to people. We'll be contacting the parents, you know, automatically when we find a child out or a teenager out at those hours, and if the teenager says, "Well, I'm getting ready to go hunting," you know, "I'm just headed over to this location," I can probably contact the parents and find out if that's true, if the parent knew it. You know, a lot of this -- to me, a lot of the reason is so that we have a way of contacting these kids, making sure parents 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 ~' 1 22 23 24 25 know they're out there. The problem kids we constantly have that the parents do not care enough about to -- to enforce their own curfew hours, then it does give us an opportunity -- opportunity to enforce those kind of things. But, I think a lot of it needs to be dealt with. COMMISSIONER LETZ: Enough said by me. COMMISSIONER WILLIAMS: I have one other comment, Judge. David, I'm going to withdraw my request for a sunset on the basis of what I'm reading in Section 3, Review. Because, after six months, when the Sheriff comes back here and reports the effectiveness of it has been diminished considerably, one of the reasons for that diminution of effectiveness is going to be because the City of Kerrville either did or did not. And if they have not, the Sheriff's going to come back and report it, so I think it's covered. MR. MOTLEY: taut it still dramatically improves the statistics in Kerr County. So, I mean, it could have a great effect in Kerr County. COMMISSIONER WILLIAMS: That might be. COMMISSIONER LETZ: You won't know, because you don't have any statistics. MR. MOTLEY: Well, we tried to get statistics. I will tell you -- COMMISSIONER LETZ: You just told me you 1 2 3 4 S 6 7 8 9 10 II 12 13 14 1S 16 17 18 19 20 21 ~~ 23 29 25 64 don't have any for the county. MR. MOTLEY: I said we tried to get statistics in every manner and were unable to get them in a way -- other than hiring somebody to manually go through every piece of paper in the Sheriff's Department. So -- COMMISSIONER LETZ: Like I said, you don't have statistics; you're not going to have anything to compare. MR. MOTLEY: We have statistics in here that are valid statistics. COMMISSIONER LETZ: I'm just saying, David, you're not going to have any statistics for the county. And you don't have them. COMMISSIONER BALDWIN: You don't have them. SHERIFF HIERHOLZER: Commissioner Letz, we do have them, okay? The thing is, is juvenile records have to be separated from adult reports, so I have a certain filing area at the Sheriff's Office for all our juvenile offense reports, okay? You'd have to go through them individually to see how many kids you dealt with in this offense or -- or things like that. With a 6-month review-type period, I can get somebody to go through that so that we have those when I do a comparison to the six months before curfew and six months after curfew. COMMISSIONER LETZ: Okay. 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 SHERIFF HIERHOLZER: I can -- I believe I can give you a pretty accurate review with those. COMMISSIONER LETZ: That would be helpful, if you can do that. COMMISSIONER BALDWIN: I got something to say. I think that most of us agree that this is a parental responsibility. It's not the government's responsibility to intervene in families; however, you're going to do it, because some families don't do their job back there. But, I -- it's -- that is not complicated to me. If they're breaking the law, I would assume that you'd arrest them and put them in jail, or the Juvenile people would arrest those -- the juveniles and put them in jail. But, I'm hanging in here on the City needs to do it first, because of the fact that this 58 percent here -- although we don't know where the problems occur, I would be willing to bet somebody an ROC Coca Cola that the majority of that 58 percent is inside the city. And, I just -- I just see us going throughout the county here piece-mealing a curfew law, and I'm opposed to Kerr County adopting this right now until the -- we find out what the City's going to do. If the City doesn't do it, I'll be happy to take a look at it. And -- and I am in favor of the sunset in order to -- as Commissioner Letz said, that, you know, if the thing is not working, it's over. But then we can take a proactive approach to it of 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 66 getting the reporting in here. And, again, I cannot believe the Juvenile folks that are basically State employees don't run the numbers on these kind of things. That they would get those reports in so that we can take a proactive approach to it and move forward. I'm opposed to it this evening, though. JUDGE HENNEKE: Barbara? MS. NEMEC: Judge, is there a certain amount of time that this proposed order needs to be published? For a public hearing? JUDGE HENNEKE: It was. We set the public hearing on January 22nd. MS. NEMEC: I guess my concern is that on the -- on 2.3, it has public hearing on proposed order; 2.4, consider and discuss adopting the proposed order. And, it seems to me that we're changing this order completely, I mean, in a lot of different areas. JUDGE HENNEKE: That's -- that's permissible. We've had the public hearing on the order, and now we can debate and amend the order. COMMISSIONER BALDWIN: He's probably right, although it's not fair. MS. NEMEC: I'm just thinking, you might have had more people attend the public hearing with these other changes that are being talked about. 67 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 LETZ: I don't see any reason to have another public hearing, Judge. JUUGE HENNEKE: The changes that have been discussed, do we want to walk through them? The definition -- change the definition of curfew hours to simply read curfew hours means 12:01 a.m. until 6 o'clock a.m. MR. MOTLEY: 12:01? Is that correct? JUDGE HENNEKE: 'That's what's 1 heard suggested by the Sheriff's Department, which would then delete the necessity for (b) and (c). COMMISSIONER BALDWIN: So, we went from 12:01 to 1:01. Now we're back 12:01? JUDGE HENNEKE: That's what's I heard the Sheriff suggest, 12:01 a.m. to 6:00 a.m. SHERIFF HIERHOLZER: That would be my recommendation. COMMISSIONER BALDWIN: Wait a minute. That's the Sheriff, though. He's the Sheriff. We have the attorneys here. JUDGE HENNEKE: I'm -- I'm reviewing the suggestions. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: I think it's unfair to the rural areas of the county. I mean, I don't know if 68 1 2 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Larry feels that way, but my constituents are way to the east out there; a lot of Larry's are out west. They have to leave pretty early, I mean, you're talking -- to get home. COMMISSIONER BALDWIN: Of course, they all have wagons down there. COMMISSIONER LETZ: But, anyway -- MR. MOTLEY: We're also talking about people that are 16 years of age and under, is what we're talking about. Anybody 11 or over is not covered. We're talking about 16-year-old kids. And my way of thinking is, maybe if they live in the east end of the county, they ought to be getting home -- heading that way 30 minutes -- or, like, 11:30, they can start home to Comfort. 'That's just my thoughts about it. I mean -- DODGE HENNEKE: Any other suggestions'? The other suggestion that was made relates to review; turn that into a sunset as opposed to a review. I'm not sure that we have any consensus on that. COMMISSIONER BALDWIN: I'm a sunsetter. COMMISSIONER LETZ: sunsetter. (Discussion off the record.) COMMISSIONER GRIFFIN: Either way. It will work either way. MR. MOTLEY: It terminates six months after the passage date unless other action is taken by the Court 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 to continue it? Or -- JUDGE HENNEKE: That's what we're -- we're -- there's no consensus on that at this time. COMMISSIONER GRIFFIN: I have -- certainly have no objection to wording it that way. I think the effect is going to be the same. I think it's obvious the Court's going to address it six months from now. JUDGE HENNEKE: If we're going to consider a sunset, I would be more comfortable with a year, as opposed to six months. If we're going to review it, I think six months is an appropriate time. If we're going to sunset, I think we ought to give it a year to have the ability to evaluate its effectiveness. COMMISSIONER WILLIAMS: I like that. Six months review and a one-year sunset. COMMISSIONER GRIFFIN: How about both? COMMISSIONER LETZ: That's fine. COMMISSIONER GRIFFIN: Six months review and one-year sunset. COMMISSIONER BALDWIN: 'Cause you never know how firm these review things are. They come along and it just kind of -- it will kind of just pass through here and we -- COMMISSIONER GRIFFIN: I'll bet you Jonathan won't forget this one. `_ ~_ ~ ~o 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 BALDWIN: No, he won't forget this one, but I've seen -- they review things just kind of past one door and out the other, and iT we sunset it -- if there's a sunset clause on there, it will stop here at this table. COMMISSIONER GRIFFIN: Mm-hmm. COMMISSIONER BALDWIN: I can guarantee you. COMMISSIONER LETZ: A year's fine. I just want to -- I mean, some accountability. JUDGE HENNEKE: The review period will be the same, and we'll add a -- a section which will relate to sunset, which will state that this order shall terminate automatically one year after its enactment unless -- COMMISSIONER GRIFFIN: Extended by the Court. JUDGE HENNEKE: -- extended or reenacted by -- by the Commissioners -- by a majority vote of the Commissioners Court, or something to that effect. MR. MOTLEY: Renew -- maybe say renewed by Commissioners Court at that time. In all seriousness, you were talking about different things that have been mentioned. I know that Commissioner Letz did say something in particular about hunting as one of the defenses. Is there a consensus of the Court on that issue? Or -- COMMISSIONER LETZ: I think -- I mean, to be honest, I think you're going to have to rely on the Sheriff ~1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 to be -- you know, his judgment. 1 mean, 'cause there's lots of things -- I mean, I can keep on going on and on for reasons for kids to be out during that period. And most of them, I guess, fall in the general category that they have parents' permission to be there. And, we're just going to see how good a job Rusty does, and his department. MR. MOTLEY: I can have this back up here in a little while if y'all want to do it tonight. JUDGE HENNEKE: Well, let's -- I think -- does everyone understand the -- the proposed amendments, at least -- let's say does anyone have any objection to the proposed amendments? The simplification of the time, definition of curfew, and the provision of the one-year sunset? COMMISSIONER BALDWIN: What is the curfew hours? DODGE HENNEKE: 12:01 a.m. to 6 o'clock a.m. is what's been suggested by the Sheriff. If we accept that, that's what it will be. MR. MOTLEY: 12:01 to 6 o'clock. COMMISSIONER WILLIAMS: Under 2 A, Definitions, Subsection (c), all of that verbiage with respect to holidays comes out? JUDGE HENNEKE: (b) and (c) comes out. Anything else? If not, I'd entertain a motion to adopt 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 ~2 order as amended. COMMISSIONER GRIFFIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Williams, that the Court adopt the order establishing a County Juvenile Nocturnal Curfew Tor Minors in areas located in xerr County, `Pexas outside the city limits of incorporated or chartered municipalities, as amended. Any further questions or comments? If not, all in favor, raise your right hand. (Commissioners Williams and Griffin indicated by raised hand that they were in favor of the motion.) JUDGE HENNEKE: All opposed, same sign. (Commissioners Baldwin and Letz indicated by raised hand that they were opposed to the motion.) JUDGE HENNEKE: Judge votes aye. The order is adopted. COMMISSIONER BALDWIN: I'll go on record, my no vote was because I think that the biggest problem we have is inside the city, and I think the City needs to take care of that problem before the County does. SHERIFF HIERHOLZER: One comment. Do you have an effective date? JUDGE HENNEKE: I would like to amend the order to make the effective date April the 1st. Anyone have 73 1 2 3 9 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 ly LO 21 L2 23 29 25 any objection to that? MR. MOTLEY: Your Honor, I believe the order is written -- you said -- you said you wanted to amend that? I believe it said it was effective immediately from and after its passage and publication in accordance with provisions of state law. JUDGE HENNEKE: We're going to make it effective April lst. MR. MOTLEY: Okay. Will that allow adequate time for all -- whatever publications are required? (Discussion off the record.) COMMISSIONER WILLIAMS: I'll move it. COMMISSIONER GRIFFIN: I moved it. JUDGE HENNEKE: Moved by Commissioner Grittin, seconded by Commissioner Williams, that the order become effective April 1st, Year 2001. Any questions or comments? All in favor, raise your right hand. (Commissioners Williams, Letz, and Griffin indicated by raised hand that they were in favor of the motion.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Okay. At this time, I believe it would be a good time to take a little break. Let's be back promptly at 10 minutes after 8:00. 74 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 (Recess taken from 7:58 p.m. to 8:10 p.m.) JUDGE HENNEKE: It is now lU after B:UU on Monday, February 26th, Year 2001, and we will reconvene and resume this regular special Commissioners Court meeting. Next item for consideration is Item Number 5, consider and discuss resolution authorizing the issuance oT $2~S,000 dollars in principal amount of Lake Ingram Estates Road District unlimited tax bonds, Series 2001, authorizing the execution of a paying agent/registrar agreement, and containing other matters relating to the subject. Commissioner Griffin. COMMISSIONER GRIFFIN: Yes. After -- at long last, since the election was held for this road district back on August the 12th, it looks as if we're about to the point of pulling the trigger on selling the bonds and getting the work started up in Lake Ingram Estates. The Commissioners all have packages there. Most of this is verbiage and documents that are required by law. Bob Henderson is going to make a brief explanation of what the documents are and answer any questions that we may have regarding anything that you come up with or questions in there. Bob? MR. HENDERSON: Thank you, Commissioner. I would also like to introduce Tom Spurgeon, who's with our ~s 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 firm McCall, Parkhurst and Horton. Tom is the bond attorney that actually drew up the order and the other documents related to the transaction. What I'm going to do is just take a couple moments and go over the business points, and then let Mr. Spurgeon explain the legal documents. As the abundantly aware, the Commissioners Court took action last April to create the road district. There was an election last August. Unfortunately, we had more difficulty than we were anticipating in getting an interested investor. With the great perseverance of Commissioner Griffin, we were able to finally convince a representative of a bank from the Rio Grande Valley to come over and spend the afternoon looking at the property and hearing our pitch, and the bank then very quickly did approve the transaction. We have gone through a number of different variations on the business points of this transaction, but very simply, they are this. The bank will buy the full amount of bonds, $225,000. They will be at a tax-exempt interest rate. That interest rate will be 9 percent, which is higher than we had talked about, but due to the credit, that was the only bank we were able to get interested in the debt. However, we got very favorable other terms that's going to allow us a great deal of latitude. We put a 4-year par hall on the bonds, which means that in four years, we 1 ,.._ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r-. 25 76 can refinance these bonds with no penalty, and based on the growth that we're expecting in the district, the credit rating of the district or the creditworthiness of the district will be substantially better, and we can refinance the bonds at that time. We also had originally talked about putting, as one of the local banks had requested, a -- a balloon payment in the debt. We were able to negotiate -- and I want to credit Tom Spurgeon for the idea -- a placement of the full 30-year amortization schedule. There is a special "put" provision in the bonds that will allow the bank, at the end of 10 years -- instead of having a balloon payment, putting all the debt back to the road district, at the end of 10 years, they have to proactively select a put option, and then -- then would only put up as much as 20 percent per year for over five years to pay off the debt. We did that in order to -- to manage the tax rate that the district might otherwise have to levy in the event we're not able to refinance. I don't believe that we're going to have any problem at all refinancing the debt, based on the projections of growth. And, what I'd like to do is share with you a table that we devised, "we" being Commissioner Griffin and myself, which gives a projection of what we anticipate happening. As you're aware, the appraised value of the 1 2 3 4 5 6 7 8 9 10 11 1L ..-_ 13 14 15 16 17 18 19 20 21 2L 23 24 25 77 district at this time for -- for Year 1000 was $1,467,000. We are expecting about 5 percent growth, based on evaluation, and potentially more than that. Based on the timetable that the Commissioner has laid out with respect to that's not retroactive, of course, but it allows them, for January 1 of 2002, to have current market values based on the improvements that will be in place at that time. We would have a tax rate that first year of a dollar and a half. Now, that is higher than the approximate $1.15, $1.18 that voters were told at the time of that election, the reason being that we had a higher interest rate than was originally anticipated. However, there is already substantial activity going on out in the district in terms of property being turned over and -- and developers ready to go. You see assumptions at the bottom of the page with respect to the growth figures, and you can see that we are anticipating the tax rate to fall immediately in the second year to just over $1; the year after that, down to 75 cents; the year after that, under 60 cents. And, we're anticipating, then, in approximately the fifth year, to go out and refinance that debt. The projection of interest rates we are ~s 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know until 2005, 2006, exactly what that interest rate would be. Then, after the refinancing and the continued growth, we'd expect the tax rate to settle in at about 40 cents per $100 assessed valuation. But, I think it is important Commissioners Court be aware that, based on the current assessed valuation of the road district -- and if there is no growth in the district, which 1 think we all agree there will be, but the worst case scenario. If there were no growth, I think the district would be looking at a tax rate something in the neighborhood of $1.40, $1.50. Any questions about the business points? The interest rates? Terms? COMMISSIONER GRIFFIN: Let me just say that I think -- I think Bob has done a good job of conservatively estimating the growth figure, particularly those assumptions at the bottom of the page. I think there's no assumption made in here that's not easily reachable with the market conditions the way they are today. Wouldn't have to have a boom, is what I'm saying. Those are conservative estimates. MR. HENDERSON: Hearing no questions, I'll turn it over to Mr. Spurgeon, and he will address the order authorizing issuance of the debt and other particulars, as may be the desire of the Court. Thank you. JUDGE HENNEKE: Thank you, Bob. MR. SPURGEON: Judge and Commissioners, you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 <1 22 23 24 25 79 have in front of you, I believe, a copy of the order that would actually authorize the issuance of the bonds. The order -- as Commissioner Griffin pointed out, there's an awful lot of verbiage in the order, itself, but it does formally authorize the issuance of the $225,000 of bonds, awards them to First National Bank of Edinburg, sets the interest rate at 9 percent. Bob mentioned how it sets out the maturity schedule, 30-year maturity schedule. That's set out also in the order, and most importantly, also obligates the payment of -- or the levy of a tax over the 30-year period. All of the redemption provisions that Bob was referring to and the whole optional put redemption process that's there to really protect the taxpayers from the possibility of a substantial balloon payment are all set out in the order. I'd be glad to answer any specific questions you might have to that. Other than that, it would just take passage of the order to sort of set all that in motion. COMMISSIONER GRIFFIN: Just one quick question. MR. SPURGEON: Yes, sir? COMMISSIONER GRIFFIN: Question, Tom. This package goes to -- I mean, obviously, we have to execute it with the -- with the bank, but it also goes to the Attorney General? 80 1 2 3 4 5 6 7 8 9 70 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SPURGEON: That's correct. That's right, under state law. COMMISSIONER GRIF'F'IN: I wanted the Court to be aware of that. They review it, make sure that everything's hunky-dory and bless it and all that sort of thing. MR. SPORGEON: That's correct. That's right, And, going through the process, Commissioner, this -- it will take essentially three to four weeks beL~xe we've had that completed and the funds would be available for the -- for the road district at that point. So, it's -- roughly the end of March, this should be levied. COMMISSIONER GRIFFIN: This money will be set up in a special account for that, and everybody's got to keep their hands off it. COMMISSIONER BALDWIN: Jon, your new bridge. DODGE HENNEKE: Does anyone have any questions or comments of Mr. Spurgeon? COMMISSIONER GRIFFIN: Thanks, Tom. MR. SPURGEON: You bet. COMMISSIONER GRIFFIN: I'll make Lhe motion that we approve the order as written -- or submitted and written, and authorize the signatures as required. COMMISSIONER LETZ: Second. DODGE HENNEKE: Moved by Commissioner 81 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 Griffin, seconded by Commissioner Letz, that the Court approve the resolution authorizing the issuance of $225,000 in principal amount of Lake Ingram Estates Road District unlimited tax road bonds, Series 2001, authorizing the execution of the paying agent/registrar agreement and other matters related to the subject. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: I hope you have good notes as to how you did this. COMMISSIONER GRIFFIN: I do. COMMISSIONER LETZ: Next time we have one. JUDGE HENNEKE: Okay. The next item -- COMMISSIONER GRIFFIN: Judge, if I may, on that point, just for a moment, just say I want to congratulate the people at the Lake Ingram Estates Road District for taking the initiative to really pursue this. It was their work that really pulled it off, and I think it's -- it really shows responsible citizenship. They didn't ask for a handout, they didn't ask for anything. They just came and said, "What do we do to get our road right?" And -- and we looked at all the options, and this `J L 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 was a good way to do it. And, they are all to be commended. JUDGE HENNEKE: Outstanding. Absolutely. Okay. The next item is Item Number 7, which is consider and discuss presentation by Kerr County 9-1-1 Network and board members on the current status/future plans for 9-1-1 capabilities. Commissioner Griffin. COMMISSIONER GRIFFIN: Ukay. You recall some months ago we talked about setting up a regularly scheduled update for 9-1-1 Network. The board has -- has taken action; they've gotten with T. and I think have come up with -- with a reporting method that I know they're still working on, and we'll probably see fleshed out in more detail in the future. But, this is the first one, and -- and 1 want to thank the board and T. and the -- the rest of the staff for producing it, and we'll look forward to many more. So, it's all yours. SHERIFF HIERHOLZER: I'm kind of putting on the other hat right now as Chairman of the Board for 9-1-1. When I went on the board a few months ago, I'll be honest -- and T. definitely knows it, T. being Executive Director -- I had a lot of questions. I had a lot of doubts. I had a lot of unanswered things that I wasn't sure how well 9-1-1 was really doing and how far along Kerr County had come. A lot of those I feel have been answered to my satisfaction now. And, I think we have another board member -- we have present 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 78 79 20 21 22 23 24 25 Dave Ballard. And, one of the big things I think you can see is the maps. We furnished y'all with a map as of right now of the district that was printed out by 9-1-1, the roads on that map which do not have names and do have numbers, or duplicate roads or roads that need names, that are unnamed. And on that map, a lot of them were left blank. We didn't actually -- they aren't blank, but we didn't put the numbers on the map; if we did, it would just be covered with numbers and it would be hard to decipher the map. But, let me -- if I may, I want to show you -- this is a preliminary map, and -- we may have to turn it up, T. COMMISSIONER GRIFFIN: You can turn it around so more of the audience can see it. I can see it fine. SHERIFF HIERHOLZER: That's a preliminary map as of right now of the 9-1-1 district, which I think is improved greatly over all the maps I've seen in the past, a lot more than they presented. We have furnished each of y'all in your respective precincts with a book that you have that has a list and a diagram or a map location of all the -- either the unnamed roads or the duplicate-named roads in your respective precincts. You know, they're highlighted in yellow in that book. And, what I could kind of recommend and hope, in the spirit of cooperation, that we can get these duplicate names and these unnamed roads taken care of as soon as possible. If you need more information as to who 84 1 ._. 2 3 4 5 6 7 8 9 10 11 ]2 _ 73 14 15 16 17 18 19 L V 21 22 23 24 .-. 25 the owners of the property are along those roads to help do that, T. has told me that he'd be more than happy -- and his office would be more than happy to assist y'all with that. But, those are a list of all the road names. As far as progress, once we get those roads named and all the duplication taken care of, I've been informed that it would take about three weeks to print uut a complete map or pretty well finalized map of the district, barring any new roads going in or new subdivisions going in on that part. One of the things that -- that was hampering 9-1-1 in the past was getting the parcels actually identified so that we could go along with the addressing and with the naming of roads. And, this is where -- since the guidelines were adopted by this Commissioners Court, City of Ingram, and -- and City of Kerrville, 9-1-1 has shown a drastic improvement in this, which is shown on this diagram here. On the -- on the bottom map first, it's -- the parcels that were identified as of r'ebruary of 1999 are the ones shown in red. Okay? The parcels that are identified now in -- mapped in there on the top are shown in red. So, you can see a drastic improvement throughout the county on getting all the parcel data in there. You have to have that data before you can get into the addressing. And, like I said, before I went on the board, I was not too up on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 76 17 18 19 20 21 22 23 24 25 85 a lct of this procedure that 9-1-1 has to go through to qet all this information, and it is a very time-consuming information -- or time-consuming task. One other thing that the board has done is, 9-1-1 has two permanent employees, full-time employees that -- that were having to do all this work. And, this -- in this budget year, the 9-1-1 Board adopted and authorized 9-1-1 to hire two temporary employees to assist with that, and what they are doing is a lot of the office work, the phone calls verifying owners. We have a large number of owners in the county that actually live out of the county, so they've got to be tracked down and -- and found before a lot of this can be done in the parcel, and the -- and the area identified. Some of the -- the things that -- that need to be addressed are in the 9-1-1 system right now, there is currently probably -- or there is over 40,000 addresses in that system. Now, some of that are what we call route addresses, which is what I have to deal with as Sheriff a lot, which it comes out on the 9-1-1 printout as a code. That's a routing deal by the phone company. T. Sandlin and the phone companies are working together. They're working on a conversional map to get that taken care of, so I think that's moving along great, and we'll get a lot of that done. Now, as far as a timetable of having the 86 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 majority of the county addressed, or just about all of the county addressed, once the map is finalized and to where we have all the issues there, the unnamed roads and duplicate roads done, at that point, if you could freeze the growth in the county, okay, because there's a maintenance issue constantly; anybody moves, it has to be updated with the new owner or anything like that. If you could actually freeze the county, it would take us, according to T., approximately eight months to complete the addressing throughout the county. But, the factors in there are new subdivisions going in, things like that. As far as since the quidelines were issued, there have been -- or were adopted, and this number is a little bit low, on the west end of the county, about 844 permanent -- permanent addresses, and on the east end, there's about 160-something, T.? MR. SANDLIN: Sorry? SHERlr'r' HIERHOLZER: On the east end, permanent addresses since the guidelines, about 160-something? MR. SANDLIN: Yes. SHERIFF HIERHOLZER: Okay. lt's -- it's a little bit misleading when you look at that, because the way an address is done, to do it properly, they go out to each area and there is an address potential in the guidelines for every 52.8 feet that fronts a road. So, you may have 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 somebody that has one -- one owner, or they own one piece of property, but it may front a road by over 500 feet or 1,000 feet. Well, you have to find the exact location of their house in correlation with how far it is along the road and give it that address. But, at the same time, you have taken care of any future needs if that area subdivides or that owner subdivides his place, 'cause you've already set in place the ability to go ahead and give other addresses for every 52.8 feet without having to readdress that addition or that plot or that -- COMMISSIONER BALUWIN: Been nice if they'd done that a long time ago. SHERIFF HIERHOLZER: And so I think that is fabulous, yeah. Because in my time in Kerr County, it's very unfortunate how many big ranches I've seen get broke up into small areas. So -- I think we've all seen that. So, I think, really, all-in-all -- and we're addressing some other things. We're -- T.'s having to report to us how far along in our monthly meetings. We're not trying to micro-manage T., but we do want to know how many addresses they've done, what they've got accomplished. The board has adopted that where T. does have to report that. And I think, as a whole, 9-1-1 is definitely on the move, and I think we can maybe not quite see the light at the end of the tunnel because of the growth that Kerr County's going through right now, but 88 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're getting real close. COMMISSIONER GRIFFIN: Question. SHERIFF HlERHULZEK: Yes, sir? COMMISSIONER GRIFFIN: In the books, are these all -- or is there any key to tell us which roads are private, which ones are public roads? MR. SANllL1N: Un a lot of them, I don't know. SHERIFF HIERHOLZER: That's the thing. A lot of them may be public-access private roads or private roads, but those are roads that have been identified. COMMISSIONER GRIFFIN: Yeah. The reason I ask is because there are different procedures required in naming a public road versus a private road. we've got to know that. You know, in fact, we might be able to cross-correlate some of this, and we'll ask Koad and Bridge maybe to take a look at it. I don't know if that's databased out there at Road and Bridge, but we might be able to come up with roads that are on the list. You know, if we can just get -- I can go, you know, for example, to Precinct 4 and I have a list that I think is relatively current, public roads that are in the county system. If I've got those, then I can go through this book and I know then which ones are going to have to be addressed through a private process and which ones are going to have to be handled a little differently. Naming or renaming of a public road 89 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 requires a public hearing. SHERIFF HIERHOLZER: Right. COMMISSIONER GRIFFIN: Where the private roads do not. SHERIFF HIERHOLZER: That's why I suggest those locate and show you all the roads, okay? And that's why I think the only way to get this done in a -- in a very timely fashion is any of those y'all have questions about -- and as you saw, with the number of parcels that have been identified, T. or 9-1-1 can definitely assist in any way, and are willing to assist in any way to get all these roads cleared up, because that is an important issue before we can get all the addressing done. COMMISSIONER LETZ: First, congratulations to T. and the board and everybody. I think y'all have come a long way in the past year. I'm sure T.'s surprised to ever hear something nice come out of my voice. SHERIFF HIERHOLZER: I will say, I think it's a lot to do with everybody. The education I got was once all the entities got together and finally adopted a set of guidelines for the road-naming and the addressing, and it wasn't a piece-meal type deal, I think that really made a big difference on getting 9-1-1 moving. COMMISSIONER LETZ: But, my question is, how -- what is the relationship between Road and Bridge and 90 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 9-1-1? Because what I'm looking at -- I know that they have a different -- they have a different name on Lane Valley East; they have a different name on that road. They call that South Fork, and the road's not South Fork, so I'm wondering what the -- how are we coordinating on -- or what is the coordination? And -- SHERIFF HIERHOLZER: That's the part that really has to be worked on, because T.'s -- a lot of those names he gets in that are from -- from the plats, from people, that this is what we've always called it, this is what it is, and that's why you have the duplication. And, it just -- the only way I see that all of this can be taken care of is for everybody to continue drastically to work together, and we're going to have to ask Road and Bridge how they got that name, okay? Where that originated from. 9-1-1 needs to know where they got theirs, where that originated from. And, then you have to work with the Post Office and -- COMMISSIONER GRIFFIN: I think there's a way -- SHERIFF HIERHOLZER: -- everybody else. COMMISSIONER GRIFFIN: -- we can resolve the differences that we have with what's in these books with Road and Bridge, because Truby does maintain a master list of County-maintained roads, so she can quickly answer -- we 91 1 2 3 4 5 6 7 8 9 10 11 12 73 14 15 16 17 18 19 20 21 22 23 24 25 should be able to resolve those differences pretty quickly and just mark them in the book and get that back with -- with T. and say, "Hey, this is what our records reflect and here's the court order that reflected them," 'cause that's in that same database. On the private roads, I think, though -- if we're starting on private roads, they come to you first now, do they not? People come to you if they want a name on a private road? MR. SANDLIN: I believe it's -- COMMISSIONER GRIFFIN: To make sure that their proposal is in the guidelines'? MR. SANDLIN: For private or public roads, the guidelines call for them to go to the entity and start the process, be it county or city or city, and then that gets forwarded to us to check to make sure the tuad name gets in and all that stuff. Otherwise, if they come to us first, that's fine. We'll tell them who they need to contact, and if they've already got a suggested name for the road, that's fine. If it's something -- we've sent y'all the PDO's and stuff I do showing you where you -- where the roads are. If it's something we can do quickly, we'll do it. Otherwise, we'll go ahead and GPS the road and whatever it takes to get something so somebody can see a picture, say, "Here's this road that needs a name." But, as far as being able to track all these as to which are public and 92 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 private, I don't know of a -- a database, and we haven't been the ones to determine whether or not it's a public or COMMISSIONER GRIFFIN: I think the closest thing to that database is at Road and Bridge, because they do have a list of all the maintained roads, the length, court order that they were accepted under, tYie date that they were accepted under, how long they are. SHERIFF HIERHOLZER: 1 think it's going to take a lot from Road and Bridge to help solve a lot of these -- these road deals. One thing I'd like to say before I sit down is -- and it's probably well-known, because I'm pretty vocal on a lot of things -- that T. and I had a lot of issues when I got appointed to 9-1-1. But, as Sheriff, there's been about three different incidences when we needed T., okay? And, true, these -- some of them were directly related to 9-1-1, some were not, the most recent being helping us, the Sheriff's Department, locate a Bobcat tractor that was stolen out of Comal County one morning, and with a GPS tracking system on it. They said -- the tracking company says, "It's right here." Well, "right here" meant somewhere inside Kerr County, but they gave us coordinates. I, at the Sheriff's Office, have no way of plotting those coordinates, figuring out exactly where it is and everything. We called on T. Sandlin to come over and help 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 23 24 25 us with that. He went out there and within just a few minutes, we were able to locate that tractor on a private ranch. That's not exactly a 9-1-1 duty, but it did give him the benefit of being able to see if a system 9-1-1 can do is -- is accurate and will work correctly, such as if you have a -- a person out here that has one of these monitors on the -- to where if he needs emergency help -- maybe he's out in a field plowing or doing something else and is having a heart attack and pushes one of those alerts. A lot of times, that will come in as a coordinate deal, and you need to get help to him immediately. And, I think that's a direct function of 9-1-1, and this shows us ghat that system can work. We can narrow that down, which I think is a system nobody really sees, but can be of -- of dramatic impact on the county and on 9-1-1. Couple of the other things that we've asked 9-1-1 -- or law enforcement agencies and them have asked 9-1-1 to do during the fire incident on Sheppard Rees. Of course, I think that in some ways may have been related to 9-1-1, as I got educated more, 'cause 9-1-1 is emergency communications, and we had so many different fire departments, different radio channels, things like that. T. actually got up there and managed that and was kind of pretty well the dispatcher for that entire coordinated 94 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 effort to put out the fire. And, I think that was definitely needed, and I applaud T. for that. The other -- last thing that T. has helped us with law enforcement all around, and is not a direct issue of 9-1-1, but it was our drug-free school zone, to where if you qo stop people out from a school, okay? Without good maps and good coordinations -- I don't have a 1,000-foot tape measure that I'd have to go traipsing through people's back yards, figure out what the school zone is. And, T, was able to put that together, and so we have those mapped and actually done. So, I really feel 9-1-1 is -- is definitely on the move. I think we're really heading ~n the right direction, and at this point, I'm very proud to be Chairman of that board. Thank you all. COMMISSIONER BALDWIN: Hear, hear. JUDGE HENNEKE: Anything else? COMMISSIONER GRIFFIN: Good report. Thanks. JUDGE HENNEKE: Thank you for the presentation. We look forward to regular ones on the progress. COMMISSIONER LETZ: We'll have lots of progress by the end of the year. We're going to have it done early, end of the first quarter. JUDGE HENNEKE: Some of you have more work to do than others. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SS (Discussion off the record.) COMMISSIONER LETZ: And, the precinct that gets this back first gets their roads done first? Is that how it works? COMMISSIONER WILLIAMS: No, no, no. SHERIFF HIERHOLZER: Probably just gets the first hollering by 9-1-1. They have to do their part. MR. SANDLIN: Can I as Y. a quick question before we get off of this? llo y'all -- who do I need to coordinate with at Road and Bridge? Truby? Is that who we -- I just want to make sure -- COMMISSIONER GRIFFIN: She maintains the database, so that's where we need to start. We probably need to -- we need to work this some and see what's the best way to build the right database and maintain it. MR. BALLARD: Probably help if somebody like Truby could be a single point of contact. Sometimes it gets kind of confusing with the -- 9'1-1 has to work with each individual Commissioner or his rep. COMMISSIONER GRIFFIN: I think we've been using Truby as a single point of contact for several months, because she said she would database all of the road names and make sure that there's a name associated with every road when they get named. JUDGE HENNEKE: Anything e]se? Once again, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 19 20 21 22 23 24 25 96 thank you for the presentation. SHERIFF HIERHOLZER: You're welcome. JUDGE HENNEKE: Next item is Item Number 8, authorization to purchase a pager for $39, monthly service fee of $9.95, to be taken out of line item 10-403-420. Nadene, you're going to present this in Jannett's absence? MS. ALFORD: Yes, sir. We have to issue Burial Transit Permits, and they have to be signed by one of the deputies to the funeral homes when they have to transport a body. And, since sometimes the body has to be transported on the weekends or during -- after 5:00 and that, this is how we figured out that we could -- to get a hold of one of us who would be on-call. DODGE HENNEKE: This is a new requirement, I understand? MS. ALFORD: Yes, by the State. They're requiring to us do this. COMMISSIONER LETZ: What's the -- COMMISSIONER GRIFFIN: Should we send Rick Perry the bill for 39 bucks? By golly? COMMISSIONER BALDWIN: Really. COMMISSIONER LETZ: Where's the fund -- funds are coming out of what line item? MS. ALFORD: I believe this is her telephone line item. 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 97 CUMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that the Court authorize the County Clerk to purchase a pager for $39, with a monthly service fee of $9.95, to be on-call for Burial Transit Permits, with the funds to be taken out of Line Item 10-403-420. 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. MS. ALFORD: Thank you. JUDGE HENNEKE: Thank you, Nadene. Next item is Item Number 9, consider vacating, abandoning, and discontinuing dedicated road Number 12, Turtle Creek Ranches, as recorded in Volume 158, Page 358 of Kerr County Deed Records. Franklin? MR. JOHNSTON: A little background. Turtle Creek Ranches -- I think it's a non-recorded subdivision, but as part of their non-recording, they dedicated all the road easements to the public. Somehow they did that. You know, one of the easements they -- the property owners have several lots surrounding an easement. I don't think there's 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 even a road built. It's just an easement. MR. LESLIE: Right. MR. JUHNSTUN: All boils down to two owners that own multiple lots, and they want to abandon that easement. As far as the particulars, I think Craig Leslie has more information on that, but that's basically what we're talking about. COMMISSIONER LETZ: Is it in a platted subdivision? MR. LESLIE: Excuse me? COMMISSIUNER LETZ: Is it in a platted subdivision? MR. LESLIE: No. I think this is what happened. Some people named Brewer and Rainey years ago did this, and they didn't want to plat it, so they sold all of the tracts by metes and bounds. And, their easy solution to this was they did a deed that says, "We dedicate these roads to the public," and there's 24 separate roads just going all through there, and there's the deed. And -- MR. JOHNSTON: "Roads," in quotes. They're really just kind of easements, not roads. Actually built on most of them. Some of them do, some don't. MR. LESLIE: And, in our particular case, there's -- this little road just goes out there about 200 yards and ends. And -- well, as a matter of fact, we 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 99 have the parties here that -- so everybody that's affected by this road is -- is in touch. The Davis' here own two tracts on the road. The Lynch's own a tract on the road, and the Wittlingers, who are represented here by this big-city attorney, David Fritsche -- he's there. We have all reached an agreement on this, and we just -- we would just like to make this road go away. Mr. Fritsche -- it's important to him, because that road ends somewhere in the middle of his clients' house, and -- and the rest of us would just like to see it go away because it's much wider than we need and we just don't know what to do with all of that. COMMISSIONER BALDWIN: It is true, those roads are -- and it's one of those cases where the roads are dedicated to the public, but the public never accepted them. They're just sitting out there. COMMISSIONER GRIFFIN: Are they county -- they're not County-maintained? MR. JOHNSTON: No. COMMISSIONER BALDWIN: They're not county roads, because the County never -- you know, the -- you know, anybody can come along and say, "I dedicate this to the County," but that's not a County-maintained road. COMMISSIONER GRIFFIN: That's right. COMMISSIONER BALDWIN: The Commissioners 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 Court has to accept it, and that never did happen here. COMMISSIONER GRIFFIN: We don't require -- the Iaw does not require us to have a public hearing on this as long as we have 100 percent agreement? COMMISSIONER BALDWIN: That's correct. A hundred percent are right here. COMMISSIONER GRIFFIN: Without 100 percent agreement -- COMMISSIONER WILLIAMS: It's only -- we're abandoning the easement? MR. LESLIE: Right. That's right. COMMISSIONER BALDWIN: I move that we abandon the -- MR. JOHNSTON: One more thing. I think the Davis' own two lots that are not contiguous with the road? MR. LESLIE: Correct. MR. JOHNSTON: With the highway, with the Farm-to-Market 1273. And I think there's going to be a small easement to their property so they're not completely cut off from the -- MR. LESLIE: We do have an easement agreement worked out, so we will have access to public roads. We've already signed it up. COMMISSIONER GRIFFIN: So, there's nobody getting access cut off. 101 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. FRITSCHE: And, if I may, Commissioner Baldwin, that's your first contribution to the Sheriff's elimination of some of the roads that are -- that are not necessary. COMMISSIONER BALDWIN: This is a big-city lawyer. This is good. I appreciate your help, counselor. MR. r'Rl'I'SCHE: Yes, sir. COMMISSIONER BALDWIN: Stick around. I'll need you in a few minutes. I move that we vacate, abandon, and discontinue dedicated road Number 12 of Turtle Creek Ranches in xerr County. COMMISSIONER WILLIAMS: Second. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Williams, that the Court vacate, abandon, and discontinue dedicated road Number 12, Turtle Creek Ranches, as recorded in Volume 158, Page 358 of the Kerr County Deed Records, which dedicated road was never accepted by Kerr County nor maintained by 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: Motion carries. 102 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 MR. LESLIE: Thank you. JUDGE HENNEKE: Thank you. The next item is Item Number 10, review and consideration of the Cluster Grant Pilot Project. Mr. Duncan? MR. DUNCAN: Judge, Commissioners, I thought we'd never get here. You have a packet on a proposed Cluster Grant that Kerr County would be the -- by the way, I have Mr. Jim Lehmann from the Office of Court Administration here with me from Austin to help if I need it, and I probably will. This is a -- this is a Cluster Grant, and what it is, is since Kerr County has had a fairly successful Collections program, the State has looked at us to kind of take a leadership role in helping the smaller counties get a program started and assist them. This grant would include Gillespie County, Bandera County, and Medina County. It will mean hiring a full-time individual to take this position. At first I thought my halftime position would go away, but you can't do that on a State grant; you've got to -- you can't get rid of a position to put a position in, so it would mean maintaining my halftime position. The cost to the County would be $2,637.05. Kerr County would also get the benefit of this individual. It would -- in other words, we'd have the 2.4 people we have now -- I mean 1.9 people we have, plus we'd have a partial use of this person who's doing the collections. The other 103 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 counties have all, as of this morning -- Gillespie Cuunty was the last county to have a Commissioners Court meeting -- has passed the resolution. Medina passed it last Tuesday, and Bandera passed it on Thursday. So, all the counties have agreed by resolution to participate. Kerr County, being the grant holder, is the last key to this. And, in order to do this, I need to have it -- need it get it presented to you, get it approved today, and get it faxed to Austin by midnight tonight. Short -- COMMISSIONER WILLIAMS: How are you going to do that? It says you got to have this in there. MR. DONCAN: That's why I've got Jim Lehmann here. He's got a fast horse outside. No, we're going Lo fax it to Austin. COMMISSIONER LETZ: Russ, you said a full-time position? MR. DONCAN: Yes, sir. COMMISSIONER LETZ: The total salary is 51,647? MR. DONCAN: No. No, the total salary is back in the package. When it talks about the salary position, the total salary for this position is going to be $28,000 a year, and the grant pays all the benes, FICA, retirement, so forth and so on. And, actually, it's part of the grant participant -- what happens is the participants iri 104 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 the grant pay 25 percent, the state project pays 75 percent. There's also money in the grant for travel expenses. As the Judge and Rusty know, I've been traveling around on my own expenses. There's also office furniture, there's a laptop computer and a printer and some software. At the end of ttie grant period, all that stays with the County. That is retained by the County, and so that's the positive part of it. COMMISSIONER WILLlAMS: Where do you suggest the $2,637,05 comes from? MR. DUNCAN: That's what I'm here to ask. I -- I haven't got it in my budget. This is going to be a September thing, so I won't be able to -- to put it in my budget line, 'cause October is budget time, and that's the proposal that I'm here to resolve. COMMISSIONER GRIFFIN: That's because the State budget starts September lst? MR. DUNCAN: Yes. COMMISSIONER GRIFFIN: Is that -- I got another question. It goes a little bit along with this. Is this a one-year grant? MR. DUNCAN: This is a one-year grant. At the end of the year, the counties can choose if it's beneficial and, indeed, is -- produces what we deem that it will produce, that the County -- Kerr County can keep it 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 2 23 24 25 105 going with the agreement of the other counties, or it can die. Sunset. JUDGE HENNEKE: We get to keep the laptop? MR. DUNCAN: Yes, sir, you keep the laptop. Yes, sir. COMMISSIONER GRIFFIN: Residual assets, MR. DUNCAN: Yes, sir. And, I'm afraid you're stuck with me, too. So -- MR. LEHMANN: Let me say just one thing, Commissioners. Most, if not a11, of the $2,700 is probably going to be in-kind contribution through his work and his supervising that effort. So, we've budgeted and allowed for it and allowed for that part of it, but the way it works out is most of it is probably an income contribution. COMMISSIONER GRIFFIN: And, the amount was how much? $2,800? MR. DUNCAN: $2,537.05. COMMISSIONER GRIFFIN: And, that would be -- we'd have to start coming up with that in-kind or in cash on September 1st? MR. DUNCAN: Yes, sir. COMMISSIONER WILLIAMS: Or calculating the in-kind -- COMMISSIONER GRIFFIN: That's what I'm saying. Start calculating the in-kind money for office and 106 ,.-- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 whatever else we might -- coming up with the cash in September, that would be our critical thing. If we did have to come up with some cash, we'd need to budget for that starting October 1st. If we could offer some in-kind during the month of September that goes towards the 52,800, maybe we can work out something in the budget. We just need to make sure that everybody understands that this is a one-year grant and that it could sunset. MR. DUNCAN: And we've made that explicitly clear as we've made presentations to County Judges and Commissioners as we've traveled through the participating counties, so that everyone understood. JUDGE HENNEKE: Any questions or comments? COMMISSIONER BALDWIN: I just find it unique that it's a -- this thing is set up inside the -- basically, the 216th District, except for our good friends over in Medina County. I don't know how they -- how y'all got them in this picture, but I'm glad you did. I have visited with, I guess, all those Commissioners Courts about this program, and they -- I thought we would have trouble with Fredericksburg and Bandera going on board, but they jumped all over it once they saw what was really going on. They're excited about it. MR. DUNCAN: The benefit -- and I want to brag about Kerr County, if I may take a moment. Kerr County 1 L 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 107 has kind of been a flagship. We have shown a Iot of counties in the state what can be done, 'cause we hear that smaller counties cannot participate in this kind of a program and do it profitably, and we have shown that that can be done. And, we put programs that -- workshops all over the state doing that, and this is just another -- to me, another area where Kerr County is taking a leadership role with other counties and showing what can be done. COMMISSIONER LETZ: Is that a motion, Commissioner Baldwin? COMMISSIONER BALDWIN: Yes. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz, that the Court adopt the resolution approving the application for the Cluster Grant Pilot Project and authorize County Judge to sign 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. COMMISSIONER BALDWIN: Judge, we better move along here. Our kids are out on the street this time of the night. Going to end up jailed, as sure as -- 108 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 JUUGE HENNEKE: Next item is Item Number 11, consider and discuss implementation date of the new/current O.S.S.F. order and related issues. This is a request for guidance from our U.G.R.A. Administrator of the Designated Representative. I think we've received a reply from Mr. Motley today to my request for guidance. Travis, are you here to speak on that? Do you want to -- MR. LUCAS: I can. JUDGE HENNEKE: -- help us out here? MR. LUCAS: I can. JUDGE HENNEKE: Ukay. MR. LUCAS: The enabling legislation for O.S.S.F. comes out of Health and Safety Code 366, and you could refer to the memo, 366.031, Subsection B, the italicized portion. The Commission, in writing, may approve the local governmental entity's order or resolution and the designation takes effect only when the order or resolution is approved. Which, if you base it upon the facts that we have, that was January the lyth that T.N.R.C.C. adopted our resolution, so that would be the effective date. COMMISSIONER BALUWIN: The date that T.N.R.C.C. said yes, it's a deal. MR. LUCAS: That's right. COMMISSIONER BALDWIN: Absolutely. I mean, what -- I never have understood anything different from 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 76 17 18 ]9 20 21 22 23 24 25 that. COMMISSIONER GRIFFIN: I would mention, in passing, when the question first came up, I called up T.N.R.C.C., read that section of the statute to them, and I said, "Is there anything tricky here?" And they said, "No. It's the date that we put the date stamp on there that says January the 19th." So, I passed that information back to our friends at U.G.R.A., and I don't know why there was still a question, frankly. It was -- it's black-letter law, and I got verbal confirmation of that. COMMISSIONER LETZ: The contusion, I think, happened at U.G.R.A. They -- I don't see why there's any confusion, but they weren't advised until the 3Uth of January. COMMISSIONER GRIFFIN: That's right. COMMISSIONER LETZ: So, there was a time period when they were acting under the old order and the new order was actually the new law, COMMISSIONER GRIFFIN: There were about three -- it turns out there were about three systems that were in question because of that time, and they -- and U.G.R.A. folks really weren't trying to get it -- the enactment or the proper effective date pushed back to, like, the lst of April. I asked T.N.R.C.C. if that was possible, and they said no, unless you redo your order. So -- but, 110 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 anyway, January the 19th is the right answer. And, I mean -- JUDGE HENNEKE: is it clear, then, that the effective date and the implementation date was January 19th of Year 2001? COMMISSIONER LETZ: Yes. JUDGE HENNEKE: Thank you, Travis. COMMISSIONER BALDWIN: Thank you, Travis. MR. LUCAS: You bet. JUDGE HENNEKE: Item Number 12, consider and discuss acceptance of the remaining funds and other assets of the disincorporated City of Center Point. Commissioner Williams? COMMISSIONER WILLIAMS: At long last, Judge, we have received a check representing the balance of the funds that were in the bank in the order of the City of Center Point upon its disincorporation. 't'here were some -- it -- there was some threatened litigation and other expenses that had to be taken care of. I don't know what the total was of all of that, but the residue of that bank account is $9,973.99, and it will be up to us now to move to accept that. I will do so, and I want the Court to understand that at some point in the near future, when we have formulated a solid plan for continued improvement in Center Point Park, it would be my intention to ask the Court 111 1 2 3 4 5 6 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 for a budget amendment so that these funds can be spent on behalf of the people in the eastern part of the county from whence they were taken. Having said that, then 1 would move that we accept the $9,973.99 and any other remaining assets of the disincorporated City of Center Point. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Williams, second by Commissioner Letz, that the Commissioners Court officially accept the remaining funds from the disincorporated City of Center Point in the amount of $y,y/3.yy, and other assets of such disincorporated City of Center Point. Any further questions or comments? COMMISSIONER BALDWIN: Judge -- you were just alerting us tonight that you're going to come later and ask for some further monies? You're not saying that -- I mean, I know it's not part of your motion, but you're not saying that you expect to have this money handed back -- COMMISSIONER WILLIAMS: I am saying that, but that's not part of the motion. I am saying it, loudly and clearly. JUDGE HENNEKE: Any further questions or comments? COMMISSIONER BALDWIN: Where is our -- where is our relationship going to be when I say no? COMMISSIONER WILLIAMS: Well, I guess you'll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 112 extend your hand in good faith. COMMISSIONER BALDWIN: I'll vote for your motion, then. 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. Next item is Item Number 13, consider and discuss resolution of support for the Kerr County Resource Conservation and Development efforts to publish a book about conservation and related topics for distribution and use by present and future citizens. Ms. Sue Dyke has waited patiently to address us on this. MS. DYKE: Well, you've had a long agenda tonight, haven't you? Lots to talk about, right. 1 -- to just help you out here, in case you don't have a copy of it -- maybe you already do. COMMISSIONER BALDWIN: Some of us are gettinc a little stir-crazy, too. MS. DYKE: It gets that way the later you go. Okay. I'm Sue Dyke from Kerr County R.C.& D., and our organization has undertaken a project which we have adopted for the good of the community and good of Kerr County in 113 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 particular, and this project is the publication of a book on conservation. And, we are under -- not presently under contract, but plan to be with Susan Sander to write this book. And, it is my request this evening that the Commissioners Court adopt a resolution in support of our project, and I'll read it here. "Whereas, there is a need to protect the natural resources and land in the Texas Hill Country, particularly the area of the Hill Country in Kerr County, for present citizens and for posterity, "Whereas, there is a need to convey important information about conservation and safe living practices in the Texas Hill Country to present citizens and citizens who will eventually live in this area, "Whereas, there is a need to educate the general public about helpful conservation practices, "Whereas, Kerr County Resource Conservation and Development is sponsoring a book about conservation and other topics pertinent to our area and the Edwards Plateau, to be written by a local conservationist and proven writer who lives in Kerr County, namely Susan Sander, "It is hereby resolved that Kerr County offer support and encouragement to Kerr County Resource Conservation and Development in its efforts to publish this book." 114 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: Any questions or comments regarding the proposed resolution? COMMISSIONER WILLIAMS: I would offer the resolution, Judge, as written. We've had a lot of discussions at the R.C.& D. regarding this and the contents of the book, who would write the book, how the book is going to be distributed, and the ultimate value of the book to those who would read it, and I'm satisfied that R.C.& D. will not proceed until they have the funds either raised or -- MS. DYKE: Right. COMMISSIONER WILLIAMS: In some fashion raised to cover the costs. But, I do think it's important that Kerr County support this particular activity. COMMISSIONER GRIFFIN: Is that a motion? COMMISSIONER WILLIAMS: That's a motion. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that the Court adopt the resolution of support for the Kerr County Resource Conservation and Development's efforts to publish a book about conservation and related topics. COMMISSIONER WILLIAMS: And authorize County Judge to sign same. JUDGE HENNEKE: And authorize County Judge to 115 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 sign same. MS. DYKE: Thank you. DODGE HENNEKE: 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. MS. DYKE: Can we get a signed copy of that"? JUDGE HENNEKE: Yes, we will get you a signed copy. MS. DYKE: Okay, thank you. JUDGE HENNEKE: Next item is Item Number 14, which is consider and discuss grant writing services for Kerr County from Kerr County R.C.& D. and payment for same from Nondepartmental Contingency funds. COMMISSIONER WILLIAMS: Subsequent to our discussions on Hill Country Youth Exhibit Center and the funding mechanism, and the important components of any funding mechanism that we have, I brought the issue of the expansion and renovation of the Hill Country Youth Exhibit Center to R.C.& D. board. They had a lot of discussions about it. They liked the plan very much, and were very much disposed to assist Kerr County in finding grants that might fit into our funding mechanism. So, what this really does 116 1 2 3 9 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 is commits us to doing that through R.C.& D.'s offices. Sue Dyke has already begun the process. And, there is a cost attached to this, and I think it's important that, if we really believe in chasing after grants for a particular purpose, that we should proceed with this. So, I offer this as a bill to be paid out of Nondepartmental Contingency funds. COMMISSIONER LETZ: I mean, I concur with the -- I mean, the -- the only way we're going to find out if we can raise money is to have -- go out and search for the grants, and the only way we can do that is basically to hire someone to do it. Be a lot cheaper to hire someone on a contract basis like we're doing here than it is to hire a purchasing agent to do it. Y'all did that to me last time, last time we started talking about it. COMMISSIONER WILLIAMS: That went in my good ear and out my bad. COMMISSIONER LETZ: And I think it's -- I support the amount. The only -- Bill and 1 talked about it, and you -- I think we could -- I'm ready to proceed. My only question is making sure that the Court is far enough along on a plan, where we start the preliminary work for -- for it. And, you know, some of the -- really need to talk to the rest of the Court to make sure that they are comfortable that we're far enough along in the process to 117 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 go out for the grants. COMMISSIONER GRIFFIN: I have a question in that regard. This grant would be -- would be requesting a grant of who and for what purpose? I don't see that. COMMISSIONER WILLIAMS: There's -- I'll defer to Sue to give us some sense of that. COMMISSIONER GRIFFIN: Some sense of who the grant request might go to and what would be the stated purpose of the funds. MS. DYKE: What would be the stated -- I'm sorry, I didn't hear you. COMMISSIONER GRIFFIN: In the grant, what are -- in the grant request, what would we be asking to do with the money? In other words, "We would like to have X number of dollars from your pot of money, Mr. Grantor, and here's what we're going to do with it if you give it to us." MS. DYKE: You're talking about strategy here, about how would the total project be approached. COMMISSIONER GRIFFIN: How -- this is the first step, as I see it, sort of what -- MS. DYKE: Yeah, right. You've got to have the proposal, you know, before you can actually go out and do anything. But, at the -- in the proposal, there has to be somewhat of a plan or a strategy as to how you're going to approach the total funding picture, because anybody who 118 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is going to -- that would consider the proposal will know -- would want to know that in advance, and so part of the working up of this proposal -- and that's where the work comes in, actually, is to sit down and think out what that's going -- how that's going to be. So -- but this -- but, primarily, you -- there is a basic tenet to the whole process of grant writing, and that is that you can't get any larger funds, whether they be tax monies or larger grant funds, until you've got some initial support from the local community, and that's primarily what this proposal will allow you to do, is to go -- is to have something in hand to approach local -- local foundations to provide a base for going to other funding sources. COMMISSIONER LETZ: So, this is the first step -- MS. DYKE: The first step. COMMISSIONER LETZ: -- in the process. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: Commissioner Baldwin has a perplexed look on his face. COMMISSIONER BALDWIN: Well, we send -- we pay an annual fee to R.C.& D. to do what? MS. DYKE: $50. That's for -- COMMISSIONER BALDWIN: To do what, though? MS. DYKE: Okay. You -- we operate a budget, 119 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 and that -- those expenses go to help us pay our very minimal operating expenses, which are -- COMMISSIONER BALDWIN: And so anybody that becomes a member of R.C.& D., they just simply pay for your office space? MS. DYKE: Well, we don't -- COMMISSIONER BALDWIN: You don't do any grants for them? MS. DYKE: U.G.R.A. furnishes us with office space, but we have a telephone bill every month, and we have to pay something on long distance calls and telephone, mainly. COMMISSIONER BALDWIN: I understand that, Sue, but that's what the membership is for? MS. DYKE: Yeah. It's just to help us to -- COMMISSIONER BALDWIN: You don't -- you know, if whoever is a member of R.C.& D. comes along and -- and requests you to write them a grant, you won't do it? MS. DYKE: Well, we have a -- in our brochure, we explain how our services work and the fact that you -- you may contract with us whether you're a member or whether you're not a member. But, what -- as a member, you choose to support our organization, which is a service to the community, because we're providing search capability here -- grant search capability to everybody and so forth. 120 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But, if you want to use our services and have us help you to do your grant search for you, well, then, you must be a member. COMMISSIONER BALDWIN: I understand. I'm an original board member of R.C.h D. MS. DYKE: Yeah, I remember that. I remember that from the -- from the old minutes. COMMISSIONER BALDWIN: And I've just always thought for -- I mean, 1've never thought about it, to be quite frank with you. MS. DYKE: Hight. Right. COMMISSIONER BALDWIN: Other than if I'm a member of R.C.& D., you're going to just write grants -- help me write grants. MS. DYKE: Yeah. Well, that's -- you can't -- somebody's got to pay for that. You know, somebody has to -- COMMISSIONER LETZ: R.C.& D. does some grants on their own. Those are paid for internally, like some of the dry hydrants. Those were funded internally out of R.C.& D. But, any grants for specific organizations, that organization pays for it. COMMISSIONER WILLIAMS: Another illustration might be if the Sheriff's Department were to go to R.C.& D. and say, "Help me develop a grant proposal to fund the new 121 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 communications system," we'd get another bill just like this one. MS. DYKE: Exactly. COMMISSIONER BALDWIN: Okay. You're proposing to take the 600 bucks from somewhere; I saw it. COMMISSIONER WILLIAMS: Nondepartmental. COMMISSIONER BALDWIN: Nondepartmental Contingency. And, I assume you've looked there to see if there's $600, even after tonight? COMMISSIONER WILLIAMS: Even after tonight, Mr. Auditor, $600 left? MR. TOMLINSON: There probably is, but I wouldn't guarantee it being in there another month. COMMISSIONER BALDWIN: Pretty sure it won't be there another month. COMMISSIONER LETZ: Sue, I have a question. At what point does the Court have to have a final plan for the renovations out there that we're -- I mean, to go out with? 'Cause we're not at the point yet that we have a -- we're still looking and talking about it. MS. DYKE: I think you're still at the initial stage in this, so you don't have a timeline yet. COMMISSIONER LETZ: A.S.A.P. MS. DYKE: Yeah, A.S.A.P. Right. COMMISSIONER WILLIAMS: Yesterday. 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 MS. DYKE: Yeah. COMMISSIONER LETZ: We're not acting prematurely) This needs to be done as the first step, then? MS. DYKE: You've got to get the ball rolling somehow. This is the first step to do that, right. COMMISSIONER LETZ: All right. CUMMISSIUNEK WILLIAMS: 1 move the approval of the grant. CUMM1551ONER LE'I'Z: Second. JODGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court engage the Kerr County R.C.& D. to do grant writing services in connection with the renovation of the Hill Country Youth Exhibition Center for an amount not to exceed $600, which is payment to be taken from Nondepartmental Contingency. 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. Next item is Item Number 15, consider and discuss approving the job description for the Kerr County Information Systems Support Specialist, approve the method and schedule for filling the position. 123 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 COMMISSIUNER GRIFFIN: Recalling our budget deliberations this year, we decided to -- to hire an Information Systems Specialist, a computer person, approximately halfway through the fiscal year. We're approaching that point, and in your packets is a job description which is one that I modified from the State which has a -- a similar job description. This is in the format now that fits our -- our new job description format. And, I'll be glad to answer any questions about anything that's in there. We need -- and I will move that we approve this job description as a first step. I've got one other thing. COMMISSIONER WILLIAMS: I'll second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Williams, that the Court approve the job description for the Kerr County Information Systems Support Specialist. Any further questions or comments? If not -- COMMISSIONER LETZ: Question or comment I have is, have you visited with the Treasurer regarding the classification, all that stuff in the -- does it fit in with the -- COMMISSIONER GRIFFIN: Yes. If you'll recall what we did last session is that we discussed that, that we will -- before we establish an actual pay range, we're going 124 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 review what response we get to our solicitation, which I will talk about today. This is just to approve the job description. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Any further questions or comments on the motion to approve the job description? 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 -- COMMISSIONER GRIFFIN: Okay. Next, I would like to propose that we -- and I'll put this in the form of a motion in a minute, but I would propose that -- and I will do the legwork for this -- post this with the Texas Workforce Commission so we can get a good response throughout -- it gets good exposure throughout the state, to find the right kind of person for this job. We will advertise, and I would propose we also, of course, advertise it locally. We already know of at least two people in the area who have indicated a strong desire for the job. This can be a -- this very likely could be the most key position decision we'll ever make regarding getting the courthouse and Kerr County into the 21st century and computer world, so we want to make sure we get the best available that we can 125 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 afford. So, what I would propose to do is, when we get the responses -- and I'll play with what the effective date of this might be, because 1 thin Y. we want to leave it on the Texas Workforce Commission bulletin board; they post all that for us and take care of the responses, get them to us. But, I think we would want to allow at least three weeks, preferably a month. When we get those in, we will review them, look at the level that we think it's going to require to get the kind of persons that are out there that we want, and then at that point, we'll set the pay grade. I would like to form a selection committee, certainly including Tommy Tomlinson, perhaps Barbara, maybe yourself, Judge, to go through those, pick the maybe two or three that we really think we can go for and get after, maybe talk to them on the phone first, but then maybe interview them, make a selection, and get them on board sometime hopefully in the month of April. JUDGE HENNEKE: Any questions of Commissioner Griffin? COMMISSIONER GRIFFIN: And I -- I'll put that in the form of a motion, because there's a lot in there about Texas Workforce Commission, advertising locally. We'll have to spend a little money to advertise locally, but Texas Workforce Commission doesn't cost us anything. COMMISSIONER WILLIAMS: I'll second. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 126 JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Williams, that the Court advertise through Texas Workforce Commission, as well as locally, for the Kerr County Computer Information Specialist position, and establish a selection committee to be comprised of Commissioner Griffin and County Auditor Tommy Tomlinson, County Treasurer Barbara Nemec, and County Judge to review applications and make recommendations to the County through the Commissioners Court, with the goal of having a person hired and in place in the month of April. 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. Next item is Item Number 16. It's my item regardinq the concept I have on sunset -- a workshop for sunsetting County-supported programs. Given the hour and the fact that there is no time pressure, at this time I'm going to pull this and bring it back to the Court at the next meeting, which will also give us more time to digest the notion of -- of actually reviewing what we spend our money on, So, with that, let's go to the last and final item, Item Number 17, consider and discuss a request to use Hill Country Youth Exhibition 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 127 Center as a primary or secondary evacuation site in case the need arises for the Kerrville Independent School District. This request comes via Dr. Mark Jackson, Superintendent of the Kerrville Independent School District. And, apparently they are reviewing their emergency procedures and have asked permission to use the Hill Country Youth Exhibition Center as a potential evacuation site, that being a location where they can have good control, and a]so sufficient space to encompass a large number of people. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that the Court authorize use of the Hill Country Youth Exhibition Center by the Kerrville independent School District as a primary or secondary evacuation site in case the need arises. COMMISSIONER LETZ: The Sheriff has a question. SHERIFF HIERHOLZER: One comment, Your Honor. We will be coming to this Court a]so to designate the Ag Barn as the evacuation site in case we had to evacuate the jail. JUDGE HENNEKE: Okay. SHERIFF HIERHOLZER: During a major deal. COMMISSIONER GRIFFIN: Quick question. llo we 128 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 have -- or should we address anything about liability for use of the facility for that purpose? In other words, if somebody turns an ankle, breaks a leg, is there a question of liability there? MR. MOTLEY: Sure. COMMISSIONER GRIFFIN: And I just wonder if there's anything we should do about it. I'll vote in favor of it, of course, but I'm just wondering if there's -- we should look at it to see if there's -- what do you do wYieii you're using public facilities for a very, obviously, good reason, you know, in an emergency, and -- JUDGE HENNEKE: I would speculate, without having any certainty, the school district's liability umbrella covers this, since the -- you know, they take kids to a71 kind of things. They used the Municipal Auditorium last year for their commencement. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: Things like that. So, we can certainly make that inquiry and get a response. Any further questions or comments? MR. MOTLEY: I brought your order back. JUDGE HENNEKE: I saw that. Thank you. MR. MOTLEY: With multiple copies. JUDGE HENNEKE: If not, all in favor, raise your right hand. 129 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 (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. If there's nothing further to come before us, we stand adjourned. COMMISSIONER BALDWIN: Hear, hear. (Commissioners Court adjourned at 9:17 p.m,) STATE OF TEXAS ~ COONTY OF KERR I 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 2nd day of March, 2001. JANNETT/PI~/EPEQR, Kerr County Clerk BY : __ _f y~7rnyJJ_G3M~~G - Kathy Banik/, Deputy County Clerk Certified Shorthand Reporter ORAER N0. 26886 CLAIMS AND ACCOUNTS On this the 26th day of February 2@@1, came to be considered by the Court the various claims and accounts against Kerr County and the various commissioner's precincts, which said claims and accounts are: 1@-General Fund for 585,572.18; 11-Jury Fund for 87@. 09; 13-Road & Bridge Rdd'1 Registration Fee Fund for 523,677.47; 15-Road & Bridge Fund for 516,592.78; 23-Juvenile State Rid Fund for 5636.@@; 27-juvenile Prog-State Rid Fund for 5188.18; 7@-permanent Improvement Fund for 527,648.53; 76-Juvenile Detention Facility Fund for 5251.71; 83-State Funded-216th Dist. Rttorney Fund for 5559.38; .-. 86-State Funded-216th Dist. Rrob. Fund for 892.@6; 87-State Funded Community Corrections Fund for 53,112.85; (TOTAL RLL FUNDS-Si59,2@1.23> Upon motion made by Commissioner Let z, seconded by Commissioner Baldwin, The Court unanimously approved by a vote of 4-@-@, payment of said Claims and Recounts as recomended by the County Ruditor. ORDER N0. 26887 AGGROVRL BUDGET AMENDMENT IN NON-DEPARTMENTAL On this the 26th day of Februar^y 2001, upon motion made by Commissioner- Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to transfer f204.04 from Line item No. 10-409-571 Contingency , to Line item No. 10-409-315 Books-Publications-Dues. ORDER NO. 26888 RGGROVAL BUDGET RMENDMENT NON-DEF'RRTMENTRL On this the 26th day of February 2@@1, upon motion made by Commissioner Griffin, seconded by Commissioner Letz, the Court unaniaously approved by a vote of 4-@-@, to tr-ansfer f1,6@@.@@ from Line item #1@-4@9-571 Contingency to Line item #1@-4@9-42@ Telephone/Computer. ORDER NO. 26889 APPROVAL BUDGET AMENDMENT SHERIFFS DEPRRTMENT On this the 26th day of February 2@@1, upon motion made by Commissioner Let z, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-@-@, to transfer 518@.@@ from Line item #10-4@9-57@ Capital Outlay, to Line item #1@-56@-57@ Capital Outlay. ORDER NO. 26890 BUDGET RMENDMENT APPROVAL DISTRICT CLERK'S OFFICE On this the 26th day of February 2001, upon motion made by Commissioner Griffin, seconded by Commissioner Let z, the Court unanisously approved by a vote of 4-0-O,to transfer 51,200.00 from Line item #10-450-108 Gart-Time Salaries to Line item #10-450-570 Capital Outlay for labor to add software to District Clerk's phone system and one additional phone. ORDER N0. 26891 RPPROVE RND ACCEPT MONTHLY REPORTS "-' On this the 26th day of February 2@@1, came to be considered by the Court the various monthly reports of Kerr County and Precinct Officials for Kerr County. Upon motion made by Commissioner Letz, seconded by Commissioner Griffin, the court unanimously approved by a vote of 4-@-@ to accept the following reports and directed that they be filed with the County Clerk for future audit. District Clerk - Linda Uecker General Fund / Fees Month of January,20@1 JP#1 Vance R. Elliott Monthly Report State Fees Month of January, 2001 JP#2 Dawn Wright Monthly Report State Fees Month of January,20@1 Texas Rgricultural Extension Service (Texas A&M University System) Extension Activity Report r-. Monthyy Schedule of Travel Month of January, 2@@1 ORDER N0. 26892 FLSA STATUS OF 4-H PROGRRM RSSISTRNT CHANGE FROM NONEXEMPT TO EXEMPT On this the 26th day of February 2@@1, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-@-@, to change the F. L. S. A. status of the 4-H Program Rssistant from nonexempt to exempt as recommended by the Treasurer and our- consultant, Nash and Company. ORDER N0. 268'3:3 ADOPT PROPOSED ORDER TO ESTRBLISH COUNTY JUVENILE NOCTURNAL CURFEW FOR MINORS On L-his the 26th day of Febr•~aary 2001, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Court or•der•ed by a vote of 3-2-0 to adopt the order establishing a County Juvenile Nocturnal Cur^few for^ Minors in areas located in Ker•r• County, Texas outside the city limits of incorporated or char•ter•ed municipalities, as amended. Commissioners Williams and Griffin indicated by raised hand in favor of the motion. Commissioners Paldwin and Letz indicated by raised hand that they were opposed to the motion. Judge Henneke voted in favor, and the motion was adopted. ORDER NO.^c6894 TEEN CURFEW EFFECTIVE DATE On this the 26th day of Febr•uar•y 2001, capon motion made by Commissioner Williams, seconded by Commissioner Griffin, the Court voted by a vote of 3-@-0, to amend or•der• No. 26893 to become effective on Rpr•il 1st, 2001. ORDER NO. 26895 LRKE INGRRM ESTRTES RORD DISTRICT TAX ROAD BONDS On this the 26th day of Februar^y 2001, upon motion made by Commissioner Griffin, seconded by Commissioner- Letz, the Court unanimously approved by a vote of 4-0-0, to approve the resolution authorizing the issuance of $225,000.00 in principal amount of Lake Ingram Estates Road District Unlimited Tax Road Bonds, series 2001, authorizing the execution of the paying agent/registrar agreement and other matters related to the subject. ORDER NO. 26896 COUNTY CLERK PAGER TO BE ON-CALL FOR BURIAL TRANSIT On this the 26th day of February 2@@1, upon motion made by Commissioner Let z, seconded by Commissioner Griffin, the Court unanimously voted by a vote of 4-@-@, to authorize the County Clerk to purchase a pager for 839.@@, with a monthly service fee of 89.95, to be on-call for Burial Transit Permits, with the funds to be taken out of Litte item #1@-4@3-42@. ORDER N0. 26897 TURTLE CREEK RANCHES VACRTE/RRRNDON RORD #12 On this the 26th day of February 20Qi, upon motion made by Commissioner Paldwin, seconded by Commissioner Williams, the Cour^t unanimously approved by a vote of 4-0-0, to vacate abandon, and discontinue dedicated road Number 12, Turtle Creek Ranches, as recorded in Volume 158, Page 358 of the Kerr County Deed Recor^d s, which dedicated road was never accepted by Kerr^ County nor maintained by Kerr^ County. ORDER N0. 26898 RESOLUTION AppROVING AGPLICRTION FOR CLUSTER GRANT GILOT pROJECT On this the 26th day of February 2001, upon motion made by Commissioner Haldwin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-0-0, to adopt the resolution approving the application for the Cluster Gr^ant pilot Groject and author^ize the County Judge to sign same. ORDER NO. 26899 RCCEPT REMAINING FUNDS FROM DISINCORPDRRTION CITY OF CENTER POINT On this the 26th day of Febr•uar^y 2@@1, upon motion made by Commissioner Williams, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-@-@, to officially accept the remaining funds from the disincorpor•ated City of Center Point in the amount of 49,973.99, and other assets of such disincor^porated City of Center Goint. ORDER NO. 26900 RESOLUTION FOR SUF'pORT FOR KERR COUNTY R.C. RND D. TO PUPLISH ROOK RBOUT CONSERVATION AND RELRTED TOPICS On this the 26th day of Febr^uar^y 2001, upon motion made by Commissioner Williams, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-@-O, to adopt the resolution of support for the Kerr County Resource Conservation and Development's efforts to publish a book about conservation and related topics. ORDER N0. 26901 ENGRGE KERR COUNTY R.C.&D. TO DO GRANT WRITING SERVICES IN CONNECTION WITH HILL COUNTRY YOUTH EXHIBITION CENTER RENOVRTION On this the 26th day of February c@@1, upon motion made by L'ommissioner• Williams, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-@-@, to engage the Kerr County R. C.R~D. to do gr^ant writing ser^v ices in connection with the renovation of the Hill Country Youth Exhibition Center for an amount not to exceed ~6@@.@@, which is payment to be taken from Non-Departmental Contingency. ORDER NU.269a2 RPPROVE JOB DESCRIPTION KERR COUNTY INFORMRTION SYSTEMS SUPPORT SPECIRL_IST On this the 26th day of Febr•~_~ar•y 20~D1, upon motion made by Lommissioner• Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-Q~-0, the job description for• the Ker•r• County Information Systems S~_ippor•t Specialist. ORDER N0. 269@3 RPPROVE TO RDVERTISE THROUGH TEXRS WORN.FORCE COMMISSION RND LOCRLLY FOR KERR CDUNTY COMPUTER INFORMRTION SF'ECIRLIST On this the 26th day of Febr•uar•y 2@@1, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the L'our•t unanimously approved by a vote of 4-@-@, to advertise through the "texas Workforce Commission, as well as locally, for^ the N.er^r^ County Computer Information Specialist position, and establish a selection committee to comprised of Commissioner Griffin, and the County Ruditor Tommy Tomlinson, County Tr•easur-er Rarbar'a Nemec, and the County ,judge to review applications and make recommendations to the County through the Commissioners Court, with the goal of having a person hired and in place in the month of Apr^i 1. ORDER NO. 26904 AUTHORIZE USE OF HILL COUNTRY YOUTH EXHIBITION CENTER PRIMARY OR SECONDARY EVRCUATION SITE FOR KISD On this the 26th day of February 2Q~01, upon Commissioner Letzr seconded by Commissioner unanimously approved by a vote of 4-0-0~ to of the Hill Country Youth Exhibition Center Independent School District as a primary or evacuation site in case the need arises. motion made by Baldwin the Court authorize the use by the Ker^r^ville secondary