,~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lft 19 20 21 22 23 24 zs KERR COUNTY COMMISSIONERS COURT Regular Session Monday, January 14, 2002 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas O PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 2 1 r-.. 2 3 4 5 5 7 8 9 10 11 12 ,,,,~ 13 14 15 16 17 18 19 20 L 1 22 23 24 25 I N D E X January 14, 2002 PAGE --- Commissioners' Comments 4 1.1 Pay Bills 12 aZ 1 . 2 Budget Amendments `j„`j 3 £~A ~ a.~13$\ , a~ 382- 13 1.3 Late Bills 17 1.4 Read and Approve Minutes x'1383 17 1.5 Approve and Accept Monthly Reports 7."13$`-4 18 2.2 Registration reduction from $2/$5 to $1 during Rabies Drive February 2-16, 2002 19~7~5 2.4 Preliminary plat, Hutte Addition, Precinct 2 20113~Co 2.7 Approve name changes for private Kerr County roads in accordance with 911 guidelines 241'139 2.10 Method of acquiring remaining piece of Sheppard Reese right-of-way 25a,T3~ 2.12 Discuss County's obligation to pay subcontractors for work on courthouse renovation ~J~S~-~~~o+c\ 29 2.13 Report from 911 Director on implementation of road name changes on Bailey Jo & Michon Road 32~~~5R• 2.15 Creation of five-person citizens commission to consider elected officials' salaries 33x738°1 2.15 Renewal of lease for west Kerr County annex 392~~90 2.17 Proposal by State Tax Management and Review to collect misallocated sales tax revenue 43~`~ 2.18 Commissioners Court meeting schedule for 2002 457-341 2.5 PUBLIC HEARING, name changes for County-maintained p,~syar roads in accordance with 911 guidelines 48 2.5 Approve above road name changes SOV.'13°+2 2.11 Consider disposition of surplus property 552x343 2.19 Budget amendments to convert unfunded State mandate to pay longevity supplements to 198th and 216th Assistant Prosecutors 572~5`1`f 2.8 PUBLIC HEARING, abandoning, discontinuing, and vacating Gulch Ranch Road (South Park) in Guadalupe Ranch Estates, Precinct 4 60D~~S 2.9 Consider abandoning, discontinuing, and vacating Gulch Ranch Road above 64TJ~SC~ 3.2 Evaluations of persons employed directly by Kerr County Commissioners Court 66+~~ Russ Duncan 71 Ed North 76 Thea Sovil 83 --- Adjourned 90 3 1 ~ 2 3 4 5 ' S 7 8 9 10 ` 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, January 14, 2002, at 9 o'clock a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: Good morning, everyone. It's 9 o'clock in the morning on Monday, January 14th, Year 2002. We welcome everyone to this first meeting of the Kerr County Commissioners Court in calendar year 2002. Commissioner Baldwin, you have the honors this morning, sir. COMMISSIONER BALDWIN: Thank you, sir. Would you stand and pray with me, please, and then when we complete the prayer, we'll do the pledge of allegiance. (Prayer and pledge of allegiance.) COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Thank you. At this time, any citizen wishing to address the Court on an item not listed on the regular agenda may do so. is there any citizen who would like to address the Court on an item not listed on the regular agenda? One more time, is there any citizen who would like to address the Court on an item not listed on the regular agenda? (NO response.) JUDGE HENNEKE: Seeing none, we'll move to 4 1 L 3 4 5 6 7 8 9 10 11 l~ 13 14 15 16 17 18 I9 20 21 22 ~3 ~9 25 the Commissioners' comments, and we'll start with Commissioner Baldwin. COMMISSIONER BALDWIN: Thank you, Judge. I've got a couple of things. One of them may be a little bit of a discussion. I've seen in the Kerrville newspapers, I think, five articles about the County transferring the ownership of the Ingram Indian Creek bridge to the City of Ingram. And, I mean, it's gotten down to the point last week where they are getting bids now for repairs, et cetera, and -- and this Court has only had a very, very, very brief discussion about it, and that was many months ago, and we haven't had any more discussions about the transfer of that bridge to Ingram, but it -- it looks like to me, by the articles, that it's already been done. And it's one of those things, it may be a -- a philosophy difference between myself and some of you fellows, that I just believe that any time that we're dealing with the people's business in this county, that -- that it should be -- everything be brought into this courtroom and laid on the table before everyone, so everyone in this county can see it if they so choose. And it just appears that there's -- it has the appearance -- I know it's not, but it has the appearance that there's water under the bridge. But I was just wondering if someone could enlighten me of what the status is of the Indian Creek bridge. 5 1 3 9 5 E 7 8 9 10 11 12 13 14 15 16 17 18 1P 20 21 22 23 24 25 COMMISSIONER GRIFFIN: I can help some on that, because I have discussed that with Danny Edwards, the Ingram City Attorney. And, where we -- where we left this several weeks ago with the City of Ingram was that they would get estimates for the total repair of everything, and then they would bring that to the Court, and that we would discuss it and come to some accommodation and work the transfer as we could. That is all that's been done. And I don't know where -- what the source or how the -- how the reports that have been in the paper have come to the conclusion that there's any kind of a done deal, because there hasn't been -- hasn't been a discussion, as you say, before this Court. And that was the process, that they were going to get the estimate on the total cost and what had to be dome, and then they would come to us and we would try to work it out. Very straightforward. JUDGE HENNEKE: I think it's useful to have the historic perspective on this, Commissioner. This really came up when Franklin Johnston and Leonard Odom brought it to our attention that there was no evidence that the County owns that bridye. No deed, and it was a W.P.A. project back in the '30's. It was just used for a state road until they built the new bridge, and there's no evidence that the County owns it. And, in a discussion that we had over different topics, we expressed the view that if the City of 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 6 Ingram wanted the bridge, that the Court would consider quitclaiming whatever interest we had. But I want to make it clear that, at this point in time, the County does not claim ownership of that -- of that bridge and that dam. And I'm not -- and we would have to have a very detailed discussion if we were to try to assert ownership over it. So, I think what we have is -- is, as Commissioner Griffin pointed out, is a process that's working whereby hopefully the City of Ingram will come in and say to the Commissioners Court, "We'd like for to you give us whatever interest the County might have in the bridge," but that has not been decided. And you are absolutely right, Commissioner Baldwin; there's been no public discussion of it in this Commissioners Court, because there's not, in fact -- and the timing has not been such that we needed to do that at this time. COMMISSIONER LETZ: I think my only comment is -- I mean, I don't know where the papers got their information, but it's -- it puts the Court in an awkward position when have you members of the public coming to me -- and I've had them ask, too. They said, "What are y'all doing with the bridge?" I have no idea. Makes me feel pretty stupid when the paper is saying that the County's getting ready to do something that I've never even heard of. And -- you know, and that's all I can say. But, I don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 e. J 7 know, I mean, but that's -- JUDGE HENNEKE: Well, you know -- COMMISSIONER GRIFFIN: That's about all anybody can say. JUDGE HENNEKE: Yeah. The source of the stories in the paper are a confusion to me too. I mean, that's in Commissioner Griffin's precinct. After the last story about the -- about how the County was requiring certain repairs before it was transferred, I contacted him and said, "Where did that come from?" And his response was, "I have no idea." COMMISSIONER GRIFFIN: Because I don't. COMMISSIONER LETZ: Yeah. JUDGE HENNEKE: So -- COMMISSIONER BALDWIN: Thank you. The other item I had was Mr. Johnston -- that's Franklin Johnston, our County Engineer. He's recently been elected as Secretary/Treasurer of the Texas Association of County Engineers and Road Administrators. So, again, we have another Kerr County leader that is elected to statewide office, and that's something we need to be very proud of. Congratulations, Franklin. Thank you for serving. JUDGE HENNEKE: Congratulations, Franklin. COMMISSIONER BALDWIN: That's all. Still not back in Tivy Yootball season, so I don't have anything to 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 say. COMMISSIONER WILLIAMS: Want to talk about basketball? JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: Only thing I have is a note from a resident in Precinct 2, Dr. Lee Liggett, who says, "Dear Commissioner Williams, two of the County employees are deserving of special recognition for their excellent work effort on the spur road leading into 2550 and 2670 Medina Highway: Jose Gonzales and Gail Matter." And he wasn't sure of the spelling, but anyhow, it says, "Cleaning the area as they so capably did will discourage illegal parking and trashing of the area." He gives his thanks to all involved. We'll pass that on to Road and t~ridge for those two persons for the nice work that they did. JUllGE HENNEKE: Very good. Commissioner Letz? CUMMlSS1ONER LETZ: I have a bunch this morning, mostly pretty short. First, I think most of the Commissioners realize that there's a new map out in our foyer which gives the new precinct lines. If anyone has a question as to what precinct they're in, it's up there. And we got that, I guess, from 911? M5. SOVIL: Appraisal llistrict. 1 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 9 COMMISSIONER LETZ: Real quick, appreciate that. Stock show is this week. We'll be out there -- I'll be out there. I think the rest of the Court will be out there announcing their various events. I encourage everyone in the public to attend. Water. I see a couple people from -- related to water, Mr. Siemers in the audience. The Plateau Water Planning Group is getting ready to gear up for our next planning phase, seeing as we haven't done much in a while. A lot of behind-the-scenes, trying to work through masses of new regulations and procedures and everything else that came out of S.B. 12. We'll be having a meeting on the 31st of this month, which we'll be kicking off our next five-year planning phase, and at that meeting we will be primarily working on the scope of work for this period. So, anyway, anyone that wants to attend that meeting, it will probably be in Bandera. It was supposed to be in Del Rio, but I figured that I could not make it back for the Commissioners Court meeting that same day from Del Rio by 6:30, so I moved to it Bandera. Also, I know Commissioner Williams was there, but we have a new historical marker in Center Point, in his precinct, Storey's renovation of the Woolls Building, which used to be Edens Implement. Big turn~uL; it was the largest crowd I've ever seen for a historical dedication. Probably close to a hundred people there Lox it. The fact that they had free wine and cheese 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 10 and other food probably helped. COMMISSIONER WILLIAMS: No question about it. (Laughter.) COMMISSIONER LETZ: And, finally, the annual Tivy Athletic Booster Club raffle is tomorrow night at the basketball game against Boerne. I would encourage everyone to attend the game, and more importantly, probably, buy a raffle ticket, which have I right here, plenty of them for sale. They are everything from hunting for -- a whitetail hunt on Bill Carter's ranch in Commissioner Griffin's area; trip to Las Vegas; golf rounds at Schreiner, Buckhorn, River Hills, Comanche Trace; fishing; two tickets to a Dallas Cowboys game next year. Very good seats, I might add. Hotel is also inr_luded in that. A lot of good prizes. Twenty dollars a ticket, or two for $35. COMMISSIONER GRIFFIN: Is second place four tickets to a Dallas Cowboys football game? (Laughter.) COMMISSIONER LETZ: Maybe they'll be better next year. COMMISSIONER WILLIAMS: Can't be any worse. JUDGE HENNEKE: Commissioner Griffin? COMMISSIONER GRIFFIN: Two things. I'll remind everyone that our technology workshop for this year is next -- on the 28th, our next court meeting date, in the 11 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 afternoon, and there is a memo out that sort of sets the available to us today, and what in your specific areas there might be that you are aware of that we should be looking at. Not to spend money, but certainly ro plan for future capability in the technology area, but primarily to look at what we have today that we can better exploit. And, secondly, I'd like to pass along my thanks, and I think the thanks of everyone, to T. Sandlin at 911 for getting the voter precinct maps in a forum where they can be put on a web site, which should be up -- if not -- if they're not already up, should be up this week. And they will be by voter precincts, so that there's enough detail that someone can figure out exactly where they are. And we look forward to probably having more to talk about at the technology conference on things like that, on how we ~~an better use that capability that we have. That's it. JUDGE HENNEKE: Very good. I'll remind everyone, as Commissioner Letz has alluded to, that we have a joint meeting with the City Council -- City of Kerrville on January 31st at 6:30. That will be upstairs in District Courtroom Number 1. This is a session designed to talk in strategic terms about joint projects, both the existing 12 F 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 projects and future projects. If anyone has any specific topics they want to be on the agenda, please let me know. I met with Ron Patterson; we kind of drafted out an initial agenda, but if there's any anything anyone specifically wants to be on there, please let me know, and make sure that it gets on there. The other thing I'll remind everyone is that the -- we are hosting locally the District 10 Commissioners and Judges seminar for January 23rd. It's going to be at the U.G.R.A. building. Attendance -- the responses are coming in very good. We expect to have a good turnout, and look forward to seeing everyone there. It will be a good opportunity for us to get some of our education credits locally, as opposed to having to go spend money at Austin hotels, so it's a good opportunity for all of us. With that, let's turn to the approval agenda and pay some bills. Tommy? Anyone have any questions or comments regarding the bills as presented by the Auditor? COMMISSIONER BALDWIN: I move we pay the bills. COMMISSIONER WILLIAMS: Second JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve payment of the bills as presented and recommended by the Auditor. Does anyone have any further questions or comments? If not, all in favor, raise your right hand. 13 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 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Turning to budget amendments. MR. TOMLINSON: The first one you have -- you have in your packet, there's an agenda item -- separate agenda item on. I don't know if you want to go ahead and handle it now, or wait for the -- JUDGE HENNEKE: Why don't we hold this one for the agenda item? I think we need a little more -- a little discussion about it. MR. TOMLINSON: Okay. JUDGE HENNEKE: Budget Amendment Number 2 is for the County Auditor. MR. TOMLINSON: Okay. This amendment is a request from my office. We currently -- our printer in our office is currently out, and I need to purchase a replacement. Rather than -- well, the last, I think, three printers I've had are -- are really not the grade that I need in my office to last for a very long time. In fact, I think they -- my experience has been, like, 18 months for one printer. So, what I'm asking the Court to -- to approve is a transfer of $2,600 from Contingency into our Capital Outlay line item to purchase a heavy-duty impact printer to 19 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 L I 22 23 29 ?5 replace the one I have. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court approve Budget Amendment Request Number 2 for the County Auditor's department. Any questions or comments? It not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Do we have any late bills? COMMISSIONER BALDWIN: Wait. We have 3 and 4. (Discussion off the rer_ord.) MR. '1'OMLINSON: I still have 3 and 9; they were on the table. I put them on the table, Judge. JUDGE HENNEKE: Oh, I didn't get them. COMMISSIONER WILLIAMS: Well, here. JUDGE HENNEKE: All right. Court will next consider Budget Amendment Request Number 3, which covers a number of different departments. MR. TOMLINSON: This amendment is -- is to pay the insurance premiums to Texas Association of Counties 15 1 ~ 2 3 4 5 6 7 , 8 ` I 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 for -- this covers the auto liability and property damage, and for the property coverage for all of our real estate and heavy equipment. The -- part of this -- part of the increase over the budget -- over what we had budgeted is related to -- part of it is to the amount of the numbers of for our buildings. About three years ago, we had the Appraisal District come in and do an appraisal on -- on all of our properties, and in the meantime, I have -- I have increased those amounts by -- by a percentage of whatever -- whatever is reasonable, I think, as far as what the cost of construction is. So, that's -- that's part of it. The other part of it is -- is related to just the increase in the premiums for -- for property damage, nationwide. TAC actually assigns about 70 or 8U percent of their risk to property coverage to -- to the private sector, so the private sector has seen some increases in -- in the premiums on property damage for all -- across-the-board for this year. So, what -- what I need for a budget amendment is to transfer $4,982 in the General Fund from Contingency to Property Insurance, and then in the Jail budget -- no, I'm sorry, in the Maintenance budget, I need $319 transferred from Major Kepairs to Insurance, and for the Jail, transferring $2,136 from Jailers Salaries to Insurance. And in the Sheriff's Uffice, its $1,644 from Deputies Salaries 16 1 2 3 9 5 E 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ?~ 23 24 ~5 to Vehicle Insurance. And for Juvenile Probation, I'm asking for a transfer of $31 from Transportation of Juveniles to Vehicle Insurance. And for the Ag Barn, I'm asking for a transfer of $116 from Major Repairs to Insurance. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. DODGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 3 relating to property insurance premiums and other insurance premiums. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Budget Amendment Request Number 4 is for the Sheriff's Department. MR. TOMLINSON: Yes. This is related to the coverage for law enforcement liability that the Court approved on the sper_ial meeting we had on the 31st. The premium for the jail and Sheriff's office alone was $53,819. We had $47,826 -- no, I'm sorry, we had $98,855 budgeted, so I'm asking for a transfer of $5,993 from Contingency out of Nondepartmental. 17 1 2 9 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 9 for the Sheriff's Department. MR. TOMLINSON: I would like to have a hand check for this last one. JUDGE HENNEKE: And authorize issuance of a hand check payable to -- MP.. TOMLINSON: First Insurance Agency. JUDGE HENNEKE: -- First Insurance Agency in the amount of $53,819. Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Is that the only late bill or hand check we have? MR. TOMLINSON: All I have. JUDGE HENNEKE: Okay. At this time, I would entertain a motion to waive reading and approve the minutes of the December 10th, December 21st, and December 31st, Year 2001, meetings of the Kerr County Commissioners Court. COMMISSlUNER LETZ: So moved. 18 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 COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court waive reading and approve the minutes of the December 10, December 2l, and December 31 sessions of the Kerr County Commissioners Court. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. I would also entertain a motion to approve and accept the monthly reports as presented. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court approve and accept the monthly reports as presented. Any questions or comments? COMMISSIONER BALDWIN: Comment, that the -- looks like our reports are coming in more on time these days. Looks like maybe that they are all there this time. JUDGE HENNEKE: Very good. Any other questions or comments? If not, all in favor, raise your right hand. 19 ,.~, 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Okay. We'11 turn to the consideration agenda. I don't see Mr. Holekamp in the audience yet, so we'll move on to Item Number 2, w ns~der and discuss registration reduction from $2 and $5 to $1 during the P,abies Drive February 2 to February 16, Year 2002. Marc A11en. MR. ALLEN: Okay. Well, I'd like to ask the Court to reduce our registration from $2 Tor a non -- for a neutered animal and $5 for non-neutered to just $1 during the Rabies Drive from February 2nd to the 16th. I think at this time we've got about 750 people -- animals registered with the County, which is way up from the past. So -- COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HEL`SNEKE: Motion by Commissioner Griffin, second by CommissioneL Baldwin, that the Court reduce the registration fee of $2 and $5 to $1 during the Rabies Drive, which is from Febxuar.y 2 through E'ebruary 16, Year 2062. Any other questions or comments? COMMISSIONER LETZ: Do we -- question. Do we have some of the local vets participating like they usually do with this? zo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 ?? ~3 ~4 25 MR. ALLEN: Yes, we do. In Inqram, Cuatro Patterson's going to try to do it on Saturday -- well, it's -- the drive starts actually 1 p.m. on Saturday, the 2nd, and we'll have a vet at the fire department in Inqram, which will be Cuatro Patterson. Dr. Leifeste will be at the fire station in Center Point, and Dr. Janssen will be at the Community Center in Cypress Creek, and Dr. Cardwell will be at Turtle Creek Fire Department. And then, after that, you can have it done in all of the local vets during that time. COMMISSIONER LETZ: Very good. Good program. COMMISSIONER BALDWIN: It is good. JUDGE HENNEKE: Questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carried. Thank you, Marc. Item 4dumber 3 has been pulled at the request of trie County Engineer. We'll go to Item Number 9, consider a variance to lot size and road frontage, and consider approval of preliminary plat of Hutte Addition in Precinct Z. Commissioner Williams. COMMISSIONER WILLIAMS: Mr. Johnston? MR. JOHNSTON: This plat is similar to the one we had last time which would quality for the abbreviated 1 2 3 4 5 ti 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 21 meeting schedule, except for two items, the two items which we have on the agenda for a variance request. The two lots, when they're divided, one is 5 acres and one is 4.99 acres. It technically doesn't meet the 5-acre requirement. They asked for a variance for that. And road frontage, it now has 206 feet. When you divide it up, it will only have 103 feet of frontage, and we require 200 feet. COMMISSIONER WILLIAMS: So we really need two variances, right? We need a variance on the lot size for 1/100th of an acre. MR. JOHNSTON: Right. COMMISSIONER WILLIAMS: And a variance for the road frontage. MR. JOHNSTON: Road frontage. COMMISSIONER WILLIAMS: Okay. MR. JOHNSTON: With those exceptions, it's exactly the same as that one we did last time, when we divided a lot. COMMISSIONER WILLIAMS: And I think Mr. Hutte was requesting, so as not to have to come back a second day, that we -- that the Court found it favorable to do both the preliminary and final today. MR. JOHNSTON: At one time, yes. COMMISSIONER WILLIAMS: I would move preliminary and final approval, with the two variances as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 22 noted for the preliminary -- for the Hutte Addition in Precinct 2. COMMISSIONER LETZ: Second. COMMISSIONER BALDWIN: Third. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court grant a variance to the lot size and the road frontage as requested, and consider approval of the plat of Hutte Addition in Precinct 2, both preliminary and final approval. The agenda item reads "consider approval of preliminary plat." COMMISSIONER BALDWIN: I'll pull my third. JUDGE HENNEKE: I'm hesitant to jump to the final with that wording. COMMISSIONER BALDWIN: I am, too. COMMISSIONER LETZ: I agree. COMMISSIONER WILLIAMS: We'll put it back on for final, but it will be just a formal matter. JUDGE HENNEKE: Do you want to go ahead and take a vote on the preliminary? CUMMISSIONER WILLIAMS: Do preliminary, put it back on for final at the next meeting, since the agenda item is not structured properly. JUDGE HENNEKE: The motion, then, is to grant a variance to lot size and road frontage as requested, and 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 ly 20 21 22 23 24 25 23 consider approval of the preliminary plat of Hutte Addition, Precinct 2. 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: Preliminary plat is approved. COMMISSIONER LETZ: Just for information, it will be on our next agenda to do that change. I didn't want to do it just now because Jim Brown's been out of town. He'll have some input, I think. JUDGE HENNEKE: All right. Next few items relate to public hearings. I guess we could go to Item Number 7, as that's not related to public hearings; is that correct? COMMISSIONER GRIFFIN: Can we do 6? I think we can do 6, can't we? JUDGE HENNEKE: Six is the follow-on to the public hearing. COMMISSIONER LETZ: Number 5 JUDGE HENNEKE: You have to have 5 before you can do 6, but 7 doesn't appear to be tied to a public hearing; is that correct? COMMISSIONER LETZ: That's correct. JODGE HENNEKE: So, let's take up Item i-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 LO 21 G 2 23 24 25 24 Number 7, consider and approve name changes for Kerr County roads in various locations in accordance with 911 guidelines. Commissioner Griffin. COMMISSIONER GRIFFIN: Okay. These are the -- before we go down to 7, I hate to be picky, but it says -- on E, it says that they already had a public hearing. JUDGE HENNEKE: But the public hearing is already had. lt's Number 5, which is scheduled for 10 o'clock. COMMISSIONER GRIFFIN: Is that true, Truby? MS. HARDIN: Except -- well, there's two on there, bur -- COMMISSIONER GRIFFIN: There's two on there that have already had a public hearing. That's what was confusing me, I guess. Okay. So, on 7, these are -- these are all private roads that have been worked with 911 and Road and Bridge, and I would move that we approve them as presented. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court approve iiauie changes for the Kerr County private roads at the various locations, in accordance with 911 guidelines, as presented. Any questions or comments? 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 zs COMMISSIONER GRIFFIN: I would add, of course, that affected property owners were also conferred with in selection of those names. JUDGE HENNEKE: Very good. 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. Let's go, then, I believe, to Item Number 10, consider and discuss a method of acquiring the remaining piece of Sheppard Rees right-of-way. As y'all may recall, the landowner had requested that we consider giving a tax credit in exchange Yor the small piece of land. Included in your packets is a memo from the County Attorney indicating that that is probably not appropriate, and I'm handing out to the Court just now copies of the Property Code regarding the eminent domain proceedings, if that's the direction the Court wants to go. we do need to acquire this remaining piece of the Sheppard Rees right-of-way. Franklin, are there any new developments on this that you're aware of? MR. JOHNSTON: I don't know of anything. COMMISSIONER BALDWIYd: I have a thought, is that we -- we really haven't done, I don't -- in my opinion, 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 G 23 24 25 I don't think that we've done anything formal with the property owner out there, and it's my opinion that we should go back now and formally offer him fair market value for that piece of property and give him the opportunity to turn that down before we move in the -- in the only other step I see, the eminent domain. And I would be more than happy to do triat in this case, but I think that we should do the -- that's a fair way to do it. JUDGE HENNEKE: You're reading my mind this morning. COMMISSIONER BALDWIN: So I think if we need a court order, and we probably do, to authorize Franklin Johnston ox whoever you think is appropriate -- I'm not sure if it should be an attorney or whoever, or you to make the formal uffer to the landowner. COMMISSIONER LETZ: It's kind of -- I agree. My question is a procedural question, is whether it should be the County Attorney's office or Road and Bridge. It seems last time the County Attorney's office was doing it, because you get into a legal and -- COMMISSIONER BALDWIN: Yeah, I'm more comfortable with the -- with the attorney doing it, myself. COMMISSIONEK LETZ: But we need -- you know, we also, because of the lack of, I guess -- I don't know if hc's fully staffed now. 1 L 3 4 6 7 8 9 10 11 12 13 19 15 16 17 1~3 19 20 21 ~2 23 24 25 z~ JUDGE HENNEkE: Not that I'm aware of. COMMISSIONER WILLIAMS: Have we established -- COMMISSIONER LETZ; If he can get it done, also. COMMISSIONER WILLIAMS: Have we established in our own minds what fair market value might be? COMMISSIONER BALDWIN: "Yes, sir. They have had -- had an appraisal done. COMMISSIONER LETZ: What's the timeline on this, I mean, Franklin'? MR. JOHNSTON: I think they're going to do some work this summer. COMMISSIONER LETZ: Summer? I mean, I would -- you know, I think I would go alcng with Commissioner Baldwin and refer it to the County Attorney's office with a timeline oii it; if it's not done by a certain day, I think we need to go out to private counsel. We just can't let things sit down there, but I think we need to give the opportunity for it to be done in the County Attorney's office. 'Cause I have one coming up, too; I want to make sure the procedure is set. JUDGE HENNEKE: What time frame would you suggest? COMMISSIONER BALDWIN: Two hours. 28 1 3 4 5 6 7 8 9 10 11 12 13 14 1 J 16 17 18 10 20 21 22 23 24 25 JUDGE HENNEKE: Two hours? By 4 o'clock this afternoon? COMMISSIONER LETZ: I'd say a month. I mean, if they're going to do it in the summer when they're starting to get into more details, I mean, it's not a -- JUDGE HENNEKE: If we have to go eminent domain, you're talking a fairly lengthy time frame, so a month is probably not unreasonable, but I -- COMMISSIONER LETZ: Either way. Whatever. COMMISSIONER BALDWIN: Okay. I'm going to say that -- that we want to refer this to the County Attorney's office and ask him to have it done by the next court meeting, which is -- COMMISSIONER LETZ: 28th. COMMISSIONER BALDWIN: -- the 28th, to formally offer the property owner the fair market value of that piece of property. JUDGE HENNEKE: Okay. COMMISSIUNEK LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court request that the Kerr County Attorney formally offer the landowner of the remaining piece of the Sheppard Rees right-of-way the fair market value, as established by the appraisal, such action to be taken not later than our next meeting, 29 1 2 0 J 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 2l 22 23 24 25 January 28th, Year Z00~. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (Nc response.) JUDGE HENNEKE: Motion carries, Mr. Tomlinson seems to have stepped out for a moment. Let's go to Item Number 12, consider and discuss Kerr County obligation to pay subcontractors for the work on courthouse renovation. Commissioner Baldwin. COMM[SSLGNE1l BALDWIN: Judge, we're going to pull this, but I wanted to make a comment, kind of give y'all an idea wkiat this is about. Now, we have the contractor on this -- on our new facility over here that is from another county, and the subcontractors are local people. And this has been rocking along, and some of our subcontractors here in this community have not been paid in over two years. And, personally, that angers me, that this is going on. And -- let's see. I had written the County Attorney a letter back in October asking him, is there any legal things that we can do to urge the contractor on so that our subcontractors, the local people, can get their money? And I have not received an answer to -- after sending two, I have not received an answer on either one of them. But it looks like our recent -- our latest report 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2~ 23 24 ~5 30 from our representative on that project, it looks like the thing is winding down, and that it's finishing up, and we should be settling with the contractor in full. It looks that way to me, anyway. And so the subcontractors, which there aie several, wanted to come in here today with Bazookas, and I have asked them to kind of just hold off and just -- let's give the process a little bit more time. That's what all that's about. JUDGE HENNEKE: Any other questions -- any questions or comments? COMMISSIQNER LETZ: Question on that. I mean, the money that -- how do we insure that the subcontractors get the money when we free up the last 10 percent? COMMISSIONER BALDWIN: I cannot answer that, Jon. I can't get a legal answer to that, but probably there is not one. However, to me, there is some responsibility of us to see that they get their money, you know, as -- as the county fathers. COMMISSIONER GRIFFIN: Whatever we can do. COMMISSIONER BALDWIN: Whatever we can do to get their money. I think it's not right. COMMISSIONER LETZ: I agree. COMMISSIONER. BALDWIN: But, to answer your question, I don't know what legally we can do. So -- 31 1 2 3 4 S 6 7 8 y 10 11 12 13 14 75 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Did you pose that question to the County Attorney? COMMISSIONER BALDWIN: Yes, sir. MR. JOHNSTON: We11, from my experience in the engineering and construction business, the general contractor has to sign off a deed release that he's paid all oT his subcontractors before you give him his final retainage, which guarantees that all the bills will be paid. Mostly, it's bonding in place that covers any -- JUDGE HENNEKE: The lien releases and waivers are one oY the sticky points, because I'm adamantly taking the position I'm not releasing any retainage until I have lien releases and waivers from 100 percent. MR. JOHNSTON: That's common practice, I think, to have that -- as an owner, to have that before you can pay your final release. JUDGE HENNEKE: We'll keep pushing on it. COMMISSIONER LETZ: Buster, do you -- or Judge, do you Y,now, does he owe more than his retainage? COMMISSIONER BALDWIN: No, he does not. COMMISSIONER LETZ: So, I mean, you would think that he would be anxious to get his money as well. CUMMISSIONER BALDWIN: Yeah, it's a considerable sum. JUDGE HENNEKE: Anything further? 32 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 ]9 15 16 1~ 18 19 20 L I 22 23 L y 25 COMMISSIONER BALDWIN: No, sir, that's all. I just wanted to give that report. JUDGE HENNEKE: Thank you. Item Number 13, consider and discuss a report from 911 Director on the implementation of road name changes on Bailey Jo and Michon Road. Take it away. COMMISSIONER GRIFFIN: I think they're standing right outside the door. COMMISSIONER BALDWIN: I can do it without them. I mean, it's mine. JUDGE HENNEKE: Okay. Go ahead, Commissioner. COMMISSIONER BALDWIN: The -- if you remember in our last meeting -- and I put comments from the minutes of our last meeting, where Commissioner Williams and Commissioner Griffin and Sheriff Hierholzer was -- at that time was the chairman of the 911 Board, and my comments asking them to move forward on those two -- on those two roads, to go around the rules a little bit, and because it was kind of an emergency-type situation. And I put this on the agenda, and Friday afternoon I got a phone call from Cindy Guerrero of the Postal Service in San Antonio. It's a done deal. 911 sent in all the information to her, and it's done, it's over, and thank you guys very much for doing what we asked you to do. And so it's a -- it's another miracle 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 in Kerr County. COMMISSIONER WILLIAMS: Are you saying that the road name and the Post Office addresses now match? COMMISSIONER BALDWIN: According to Mrs. Guerrero, yes. COMMISSIONER GRIFFIN: Careful. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: Have we -- the road names are already up, are they not, Truby? (Ms. Hardin nodded.) C:OMMISSIONEF. WILLIAMS: Wonderful. JUDGE HENNEKE: Very good. That's a good report. COMMISSIONER BALDWIN: Yeah, that's a good onz. I was exited about it. JUDGE HENNEKE: Absolutely. Let's go to Item Number 15, consider and discuss creation of a five-person citizen's commission to rnake recommendations on elected ~Lficials' salaries, one person to be appointed by each Commissioner and County Judqe, with technical support from Shaun Branham. We talked about this last year during the budget discussions, and I'm bringing it to the Court. I think it's ari excellent idea. I think we should go ahead and set up the commission, perhaps give ourselves a month or two to uuminate the members so that they can do their 34 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 deliberations without too much time pressure, but bring back some rer_ommendations in the late-May or early-June time frame so that we can consider them during our budget deliberations. COMMISSIONER BALDWIN: Question -- may I ask a question? The way I remember it, Commissioner Letz was the brain child on this thing. Do you see -- what would be the charge of this committee? COMMISSIONER LETZ: I think to review all of the elected officials' salaries in Kerr County and come back with a recommendation on what they think they should currently be in Kerr County. COMMISSIONER BALDWIN: Much like what we have done several times, by comparing them with other counties? COMMISSIONER LETZ: Yeah. It's not only -- just basically to let them look at it, let them come back wil.h what they think every -- each elected official should be making in this county. xou know -- COMMISSIONER GRIFFIN: If they act as an independent -- I think that was the idea. I mean, they will act independently. They can use whatever data they think is appropriate. COMMISSIONER LETZ: And -- COMMISSIONER GRIFFIN: We'll turn over everything we've got. 35 1 2 3 9 5 6 7 8 9 10 11 1~ 13 19 15 16 1? 18 19 20 21 22 ~3 24 25 COMMISSIONER LETZ: -- that doesn't mean they do a survey, necessarily. They may decide that every county official in Kerr County needs to be paid less, or whatever they may think should be done. But hopefully they would take into consideration whatever, you know, comparable people make, and cost-of-living, whatever they want. I uieau, my only -- and I -- you know, 1 fully support the creation of it. I think five members is a good number of citizens. Any more than that, it starts getting cumbersome. My only -- and having Shaun involved from a technical standpoint is good. My only question is, some -- and I'm trying to think of who would be a good person to get on this involved also, because we need somebody who understands a little bit what these people do. We need somebody from the County government on this, but 1 hate to have an elected official, because it kind of gets a little bit tainted. COMMISSIONER GRIFFIN: Yeah, then you lose the independent -- COMMISSIONER LETZ: Unly one I can think of possibly is Tommy. He is not -- you know, he's appointed by the -- the judges. COMMISSIONER WILLIAMS: He could be a part of the committee, ex-ulficio. COMMISSIONER LETZ: An ex-officio part, because he is -- you know, I think understands what each 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 zs elected official does, and I think that's going to be very -- they really need that involvement. COMMISSIONER WILLIAMS: I think that's a good idea. JUDGE HENNEKE: That's an excellent idea. COMMISSIONER BALDWIN: I agree. COMMISSIONER LETZ: If Tommy will do it. If not, we'll have to find somebody. But, I mean -- COMMISSIONER BALDWIN: I didn't bring somebody from my precinct today. JUDGE HENNEKE: Well, I think the idea wasn't to name people today, but to set up the commission, like we with did with the other commission. Give ourselves -- I would say announce the members the first meeting in February. 't'hat gives us a month to go out and talk to people and find people who are willing to take the time to do it. We're not under any time crunch right now. If it slips a whole lot more, then we do put them under a time crunch that they may not be comfortable with, because there is fair amount of education that's going to have to go on. CUMMISSIONER LETZ: I think they need to have a report back to the Court probably June 1st. JUllGE HENNEKE: I would say June 1st. COMMISSIONER LETZ: June 1st. And, I think that we also -- if we -- if Tommy agrees to do it, we need 37 1 2 3 4 5 h 7 8 y 10 11 12 13 14 15 16 17 18 19 20 ZI 22 23 ~4 to offer some -- you know, I guess Shaun would be the support they need to get the information, the data that they need. JUDGE HENNEKE: The reason Shaun was suggested is because he has the technical ability to take data -- he can collect data off the web, he can put it in spreadsheets, he can manipulate it, he can give the -- you know, our committee whatever they need in order to make the recommendations that are asked for. COMMISSIONER LETZ: Okay. I'll move the creation of a -- a salary commission to review elected officials' salary in Kerr County, one member coming from each of the -- one citizen member coming from each member of the Court, Shaun Branham for technical assistance, and Tommy Tomlinson for additional ex-officio member as additional technical information. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Do you want the names announced February 10th, and request them to report by June 1st? COMMISSIONER LETZ: Yes. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court create a five-person citizen's salary commission and make recommendations on elected officials' salaries for Kerr 38 ~^-- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2J County, one person appointed by each Commissioner and by the County Judge, with technical support from Shaun Branham and substantive support by Tommy Tomlinson, members to be announced at our February 10th meeting, with the report to be requested not later than June 1st, Year 2002. COMMISSIONER LETZ: Judge, an additional thing. I think it would be helpful for -- and I'll be glad to make a stab at it -- to have at least a one-page or a -- in writing, what we want from the commission, with some recommendations. COMMISSIONER GRIFFIN: Charter. COMMISSIONER LETZ: A general charter. I think, as a recommendation, they should be encouraged to talk to all the elected officials. I mean, if they don't want to, they don`t have to. They can do what they want, but I'll take a stab at that and run it by you at our next court meeting. We can get that ready by the -- COMMISSIONER GRIFFIN: That's a great idea. And it should stress the independence of the commission, that they will make recommendations independently. Of course, the Court has to act on it as part of the budget process. JUllGE HENNEKE: Good. Anyone else have any questions or comments regarding the motion on the floor? If not, all in favor, raise your right hand. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 L, L 23 29 25 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Let's take up Item Number 16, consider and discuss the renewal of the lease for the West Kerr County Annex and increase in rental for that facility. Commissioner Griffin, I believe you had some discussions on that? COMMISSIONER GRIFFIN: Yes. I did not get a copy of -- of the letter, apparently, that -- that Mr. Priour sent. Did you have a copy of that? Only thing I don't have, but it's really not required, but -- but I just didn't see a copy of it. I know that there was one. The issue here is that the lease for the annex in Ingram is up for renewal. Mr. Priour has -- has offered to renew the lease. He has -- did he mention an amount, a new rate in that letter'? MS. RECTOR: I think he's increasing it by $50 a month. COMMISSIONER GRIFFIN: That's what I had heard was in the letter, and that was his proposal. And -- and that's -- that's probably reasonable, off the top of my head. I'd like to hear the rest of the Court. Also, as a part of that process, when we originally did the -- when we originally did the lease, you know that we did pay, I think, 1 3 9 5 6 7 8 9 10 11 12 ~ 13 14 15 16 17 18 19 20 21 22 23 24 25 40 a $400 security deposit, and I discussed that with Mr. Priour at that time, that at some point we would like to get that security deposit back, since, generally speaking, governmental agencies don't pay security deposits. But we did it to close the deal, and in good faith. We said we'd talk about that at renewal time. So, what I would suggest is -- is that -- and I'll be glad to make the contact with Mr. Priour, see if we can renew on those terms, with perhaps the -- if he will agree to a $50 increase per month, and that at the same time we'll make adjustments, perhaps in $50 increments, until we get that security deposit back, and see if we can proceed along those lines. Then I would bring that bark to the Court and perhaps ask Mr. Priour to come in if he'd like to, and we can try to finalize that, perhaps as early as the next meeting. COMMISSIONER BALDWIN: Where would the extra $50 come Lrom out of the budget? COMMISSIONER GRIFFIN: Well, for the first eight uwnLhs -- for the first eight months, it we can work the thing to get our security deposit back, there would be no impact. For the last months of the lease, then we'd have to consider it in next year's budget, and we'd perhaps have a -- like, $100, $150 this year that we'd probably have to take out of the budget, a budget amendment of some sort. Does that answer your question? 41 1 2 3 4 5 6 7 8 9 10 11 1Z 13 14 I5 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Yeah. COMMISSIONER GRIFFIN: In other words, if we can work the thing on the security deposit, it goes up $50, but then we recover that, and that would be my going-in position with Mr. Priour. COMMISSIONER BALDWIN: And if we don't work out the dial with the security deposit, we have to come up with some bucks? COMMISSIONER GRIFFIN: Right. COMMISSIONER BALDWIN: So, where -- COMMISSIONER WILLIAMS: Does the lease run concurrently with our budget, or calendar-year lease or something else? COMMISSIONER GRIFFIN: Paula, do you know offhand? MS. R.ECTOP,: It's January 1. COMMISSIONER GRIFFIN: It's January 1. Probably be a good idea, at the same time we redo this lease, to put it on a Fiscal year basis so that we line it up. JUDGE HENNEKE: It's been an excellent program out in west Kerr County, Paula. MS. RECTOR: I just have a question. I don't think, in the contract, that it mentions anything about how much he can increase this each year. I would expect that 42 r~ 1 L 3 4 5 6 7 8 a 10 11 12 13 14 15 15 17 18 19 20 21 ~2 2~ 24 25 the sky's the limit. I don't think that he would ever do that, but is there something that we can put in that contract that kind of locks him into a certain amount that he can increase each year? Because when you talk about S50 a month each year, every year, over a ten-year period, let's say, that's going to be a substantial amount. COMMISSIONER GRIFFIN: Well, this would be a multi-year lease. It would not be -- MS. RECTOR: 'Cause we've been going year-to-year on the lease. COMMISSIONER GRIFFIN: Yeah. What I mean is I that we should try -- we should go for a multi-year lease at a fixed rate. MS. RECTOR: Okay. COMMISSIONER GRIFFIN: And it comes up for renegotiation when the new lease comes up. MS. RECTOR: I'd like to see that in a multi-year lease that has a fixed amount. COMMISSIONER GRIFFIN: But I will take that as an action item, if the Court would like to proceed that way, and try to Lrinq it back for the next meeting. JUDGE HENNEKE: Well, I suggest we have a motion to renew the lease at 5450 a month, a multi-year term, and ask Commissioner Griffin to negotiate the terms and bring it back to the Court for approval, 43 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 L2 23 24 ?~ COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: You just made the motion. JUDGE HENNEKE: No, I didn't. I said I'd entertain a motion. COMMISSIONER BALDWIN: Oh, I see. COMMISSIONER. GRIFFIN: I said so moved. COMMISSIONER BALDWIN: I kind of wanted to hear him make a motion. JUDGE HENNEKE: You haven't heard me make one yct. In three years, you haven't heard me make one. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court renew the lease with Mr. Priour on the West Kerr County Annex, and at a monthly rate of $450 a month and multi-year term, and authorize Commissioner Griffin to negotiate the final details and bring it back to the Court for final approval. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) JUDGE HEPdNEKE: Motion carries. Next item is Item Number 17, consider and discuss a proposal by State Tax 44 1 2 3 9 5 6 7 b 9 10 11 12 13 14 15 16 17 is 19 20 21 2L 23 24 25 Management and Review to collect misallocated sales tax revenue. You have in your packets the correspondence in your proposal from the outfit called State Tax Management. Apparently, based on my discussions with Mr. Morgan, there is a situaticn which state sales tax gets misappropriated for the benefit of metropolitan transit authorities and not properly czedited to the county that collected the tax. Mr. Morgan was not able to tell me whether there was actually un -- misallocated tax on behalf of Kerr County, although he indicated he was ~=ertain that there was some. I don't know whether this is something that the Court wants to entertain or not. I -- COMMISSIONER BALDWIN: No. JUDGE HENNEKE: -- felt obligated to bring it up for consideration. COMMISSIONER LETZ: I think it's interesting to look into, but I don't see that we need to use Mr. Morgan to do that. JUDGE HENNEKE: Okay. COMMISSIONER GRIFFIN: Me either. COMM[SSIONER BALUWIN: Is this something done -- see, I couldn't even get my mind to that point. I thought they were saying that we wer e sen ding money somewhere, to these metropolitan tra nsit authorities. JUGGE HENNEKE: No. What they're saying 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lfl 19 20 2] 22 22 29 G S rs -- COMMISSIONER BALDWIN: This is happeninq before the money gets back here, huh? JUDGE HEP~NEKE: At the -- at the Comptroller's oYfice, money that would otherwise come to Kerr County somehow is getting siphoned oYf to San Antonio because they have a metropolitan transit authority. And I don't understand exactly how that works, and I talked to a couple people, and they don't either, but that's the scenario and that's the proposal. If the -- if the Court's not interested in it, I certainly don't disagree with that, and we'll so notify Mr. Morgan. COMMISSIONER BALDWIN: So, some lawyer in Austin probably -- oh, no, Dallas -- wants us to give him ~I 40 percent of wtrat he can collect on behalf of Kerr County. What a big-hearted man he is. I appreciate that. JUDGE HENNEKE: I believe we have the sense of that one. Let's move along. Item Number 18, consider and discuss the Commissioners Court meeting schedule for the calendar year 2002. The proposal prepared by our court coordinator is in the -- in our book. It's the same general proposal that we have operated off of for three years now. It shows the evening meetings on a quarterly basis, as well as adjusting the schedule for the three Monday holidays that we have during the course of the year. Anyone have any 1 .-~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~~ ~~ 96 questions or comments? COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court adopt the schedule for the calendar year 2002 meetings of the Kerr County Commissioners Court, to include quarterly evening meetings. Any further questions or comments? COMMISSIONER BALDWIN: My only comment would be that if I were going to oppose it, I'd oppose it on the grounds that the evening meetings are not that beneficial. You know, we have a few people here and we do take care of business; however, we're holding staff over and paying sometimes overtime for them. But I'll vote for it. JUDGE HENNEKE: Any other questions or comments? If not -- COMMISSIONER GRIFFIN: I would tend to agree. I just think that we need to look very carefully at the cost effect of the evening meetings, and would -- is it really increasing the number of people who will show up? At times I think it has, in the past couple years -- three years, and at times it has not. And there is a dollar cost associated with it, so I just think we need to take a look at it this year, to maybe consider dropping it if we don't really show -- 47 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 2~ ~3 24 25 JUDGE HEP~PJEKE: Well, I would disagree with that, because I think it's incumbent upon us to offer government to the citizens. And, you know, if we wanted to, we could take our show on the road and have these meetings in Ingram and in other places around the county. We've not chosen to do that, because that really does get into a cost by the time you transfer all the records and everybody travels. But I think that this is the minimum effort that we make on an annual basis to make government more available to the citizens, whether or not they take advantage of it. I think the dollar cost is minimal, because our department heads are good managers, and I don't think we get charged hardly any overtime for evening meetings, because they adjust the -- the work schedule of the people who have to be at the court meetings in order to accommodate the fact that it's in the evening. But, those are my thoughts on the issue. COMMISSIONER WILLIAMS: I'd be in favor of our -- our looking seriously at taking two meetings out of the courthouse, whatever's the best use of the county, in lieu of two of the four evening meetings. JUDGE HENNEKE: We could do that, if we want to work up a proposal to that effect. We could always substitute it for what we do. The motion is to approve the schedule. All in favor, raise your right hand. 48 1 2 3 4 5 E 8 y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. (Discussion off the record.) JUDGE HENNEKE: Is the gentleman in the back of the room here for the presentation on the landowner signs? COMMISSIONER BALDWIN: Joe. COMMISSIONER GRIFFIN: No, Joe is here for the name changes. MR. ESQUELL: For the Reservation Road -- JUDGE HENNEKE: A11 right. MR. ESQUELL: -- changeover with Tatsch Road. JUDGE HENNEKE: We're just fir>ing to get to that. So, it's 10 o'clock. At this time, we will recess the Kerr County Commissioners Cour~ meeting and open a public hearing on name changes for County-maintained roads in accordance with yll guidelines, and a speed limit sign. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G DODGE HENNEKE: These -- the names of the roads that are to be considered have been published in the paper, as has the speed limit sign change. Just for 99 1 2 3 9 5 6 7 8 9 10 11 12 13 19 1 J 16 17 18 19 20 21 L[~ 23 24 25 purposes of the public hearing, I'm going to read the names. The proposal is t_o change what is now known as Reservation Road Northwest to Upper Reservation Road Northwest, to change Tatsch Road Northwest to Lower Reservation Road Northwest, to change Benson Road North to Eugene Road North, to change the paved portion of South Park Road Southwest to Cougar Yark Road Southwest, and to change the name of Windcrest West to Yavo, Y-a-v-o, Road West. Additionally, on Highway -- on Westwood off Highway 27, set a speed limit of 35 miles an hour. Is there anyone in the audience who would like to address the Court on those name changes? Once again, is there anyone in the audience, any citizen, who'd like to address the Court on those specific name changes and the speed limit change? One more time, is there any citizen who would like to address the Court during the public meeting on the proposed road name changes and the speed limit sign change? MR. ESQ[JELL: Are you going to change it to Upper yr Lower? The Tatsch Road. JUDGE HENNEKE: The name "Tatsch Road" was to be changed. I believe it is to Lower -- Lower Reservation Road, yes, sir. MR. ESQUELL: Well, I'd like to have seen it be "West," but I'll settle for "Lower." JUDGE HENNEKE: All right. Thank you, sir. 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ ~3 29 25 Anyone else who'd like to address the Court on these road name changes? If not, I will declare the public hearing closed. (The public hearing was concluded at 10:03 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: We will reconvene the Kerr County Commissioners Court meeting. The next item for consideration is Item Number 6, consider the name changes for County-maintained roads that have had a publi~~ hearing, and a speed limit sign change. In addition to those roads that were just the subject of the public hearing, we have North Oak and South Oak Drive West being changed to Oak Drive West. We have East and West Cedar Drive West being changed to Cedar Drive West, and we have West Cedar Drive West being changed to Bush Drive West. Those names were previously the subject of a public hearing. COMMISSIONER GRIFFIN: I'll make a motion that we accept all of the changes as presented for this agenda item. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court approve the name changes for County-maintained roads and the change in the speed limit sign as presented, and the subject of the 1 G 3 4 5 6 8 9 10 11 12 13 14 15 16 1/ 18 19 20 _>1 22 :j 24 25 51 public hearings. COMMISSIONER LETZ: Comment -- do you have a comment? It relates to the signage portion of it. At the moment, Road and Bridge is under a moratorium, not changing names for the time being. The speed limit sign can go up, but everything else can't change until we get everything worked out with 911 and the Post Office, I understand. Which leads to my question; I see Mr. Ballard back in the audience. At what point should we get it on the agenda to get a new procedure set up so we can continue -- I mean get the signage and all that changed? Or are we ready to do that now? MR. BALLARD: Well, we talked about it with Cindy Guerrero and the Commissioners. We've established that and agreed to the procedure. I don't know what more action -- what -- COMMISSIONER LETZ: I guess it sounds, then, that we're able -- at our next meeting, we can put it on the agenda to get it in writing so Road and Bridge knows what to do and when to do it? That's my question. MR. BALLARD: Road and Bridge was there. Buster or Larry, do we need a -- what else do you think we need? COMMISSIONER GRIFFIN: Well, I think what we wanted -- what we talked about was making sure that the Post 1 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 52 Office has the information. MR. BALLARD: Yeah. COMMISSIONER GRIFFIN: Before we do the sign change. That was -- so that we need some feedback loop from Cindy Guerrero that, indeed, it's in the system. MR. BALLARD: Well, our approach, as we described in the meeting, was to continue on the path that we're going, and as we approach these areas, we coordinate with Ms. Guerrero and she updates her postal charts accordingly. COMMISSIONER GRIFFIN: Right. MR. BALLARD: And we just -- it's a continual process of coordination. However, we weren't going to jump over and do the rural mail route, per se, because that disturbs our procedure. COMMISSIONER GRIFFIN: I think the question is, how do we -- we just need to make sure that we have something set up so that we get feedback from San Antonio, from Cindy Guerrero, that, indeed, it's in the system. Now, have we -- I don't recall if we really discussed that in that meeting. MR. BALLARD: I don't -- I don't think we did. COMMISSIONER BALDWIN: I don't think we decided, but the single item that's been kicked around more 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 53 than anything is this letter from the Post Office and County Judge, both signatures on that. And it's my opinion, like the earlier item here of Michon Drive and Bailey Jo Road, or whatever it was, that now is the time for that letter to go out. COMMISSIONER GRIFFIN: Right. COMMISSIONER BALDWIN: Now that the Post Office has called back said everything's clear and rocking and rolling. MR. BALLARD: That's a demonstration of the procedure as it should work, as you described it before. COMMISSIONER BALDWIN: Yes, sir. MR. BALLARll: As soon as she gets back to you guys, then the co-letter signed by the Judge and by the Postal District can be sent out. COMMISSIONER BALDWIN: And that's what we need to do by court order, is design this letter and authorize this letter thing to go out. COMMISSIONER LETZ: Which will be the trigger to Road and Bridge. COMMISSIONER BALDWIN: That's correct. MR. BALLARD: Yes. COMMISSIONER GRIFFIN: Okay. COMMISSIONER LETZ: You're doing that, Commissioner Baldwin? .^'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 ~5 54 COMMISSIONER BALDWIN: Huh? I can't even spell post office. COMMISSIONER GRIFFIN: We'd have to put that on the next agenda. COMMISSIONER BALDWIN: We have that other letter that Gillespie County uses. MR.. BALLARD: Use that as a form, yes. COMMISSIONER WILLIAMS: I just have one question, Commissioner. In your discussions with Ms. Guerrero in San Antonio, has she given you any feel for what the time frame of this process would be? Under normal circumstances. COMMISSIONER GRIFFIN: Once she gets it? COMMISSIONER WILLIAMS: Yeah. COMMISSIONER GRIFFIN: Very quick. MR. BALLARD: When -- COMMISSIONER GRIFFIN: When she gets it, it goes in the system, she says. COMMISSIONER BALDWIN: It took -- it took her a good month, a month and a few days on this one, and this was an emergency and was a small amount. But I think she -- I think she indicated that -- that that's about the time frame. COMMISSIONER LETZ: Okay, good. Thank you. JUDGE HENNEKE: Okay. I think we have a 1 3 4 5 6 7 9 10 11 12 13 19 15 16 17 18 19 ~0 21 22 23 24 25 55 motion and a second on the floor. COMMISSIONER BALDWIN: I have another question, Judge, I'm sorry. To Truby, I guess. Yavo Road, there's not a conflict with that name in any way? MS. HARDIN: Yavo? The -- I forgot the name of it; it is just -- Windcrest is just an extension of Yavo at this point. COMMISSIONER BALDWIN: Very good. Thank you. JUDGE HENNEKE: Any other questions or comments? COMMISSIONER GRIFFIN: I would like to make a comment. This was -- in both cases of Reservation Road in the Bivouac Estates Subdivision, that the process really worked right. The public came to us with their concerns, they came to us with their input. We reacted to that. 911 was a big help. Everybody jumped in. We came up with something that both the citizens could live with and that fit our guidelines, and it was an excellent -- I think an excellent example of how the system will work. JUDGE HENNEKE: Very good. Any other comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's take 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55 up Item Number 11, if we could, please, gentlemen. Consider and discuss disposition of surplus property. Tommy? MR. TOMLINSON: We have one item that I think you have a note from me about. That's a -- that's a PC that I had a request from -- from Russ Duncan that -- that if we want to sell this, we can sell it to Gillespie County. It's a 1996 PC that's -- that the mother board is -- we're having problems with, and we don't want to put any more money in iL. So, we either have a choice of -- of putting it on auction and -- sometime in the future, or selling it to them. COMMISSIONER LETZ: I'd send it up the road to the north. COMMISSIONER BALDWIN: Actually, it goes downstairs. COMMISSIONER LETZ: Well -- (Discussion off the record.) COMMISSIONER LETZ: I make a motion that we surplus tYie 1995 Gateway 133 and accept Gillespie County's offer of $35. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court declare as surplus the 1996 Gateway computer and authorize sale of that surplus properly to Gillespie County for the sum of $35. 57 .~-~ 1 3 9 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 ~3 L 4 25 Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) I DODGE HENNEKE: Motion carries. COMMISSIONER BALDWIN: Judge, I'd like to take just a moment and congratulate Tommy, our Auditor, for his recent appointment to the committee. And, Tommy, thank you so much for your service. We appreciate your -- MR. TOMLINSON: Did I miss something? COMMISSIONER BALDWIN: Yes, you did. (Laughter.) JUDGE HENNEKE: I'll explain it to you later. COMMISSIONER BALDWIN: Congratulations, and thank you for your service. COMMISSIONER LETZ: You shouldn't leave. JUDGE HENNEKE: The next item we'll take up is Item Number 14, consider and discuss budget amendment, unfunded State mandate to pay longevity supplements to the 198th and 216th Assistant Prosecutors. And you have in your packets the letter from Judge Prohl, as well as the memorandum from Texas District and County Attorneys Association. There's also a companion budget amendment, which is Budget Amendment Number 1. We really don't have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l~ 20 21 22 23 24 25 58 any choice in this one. MR. TOMLINSON: There is some good news about this. We didn't have to do a budget amendment for -- for Bruce Curry's office. His -- his assistant is paid through the City of Kerrville, through the task force grant. All the County does is reimburse the City. So, Bruce -- the D.A, has enough surplus in his -- in his fund to pay the difference for this year without having to assess the counties any more for -- for this purpose, so there's no need to have a budget amendment for the 216th. JUDGE HENNEKE: That lessens the blow somewhat. MR. TOMLINSON: Yeah. JODGE HENNEKE: Any questions or comments? COMMISSIONER GRIFFIN: I would just hope that we have -- we should contact our State Representative one more time about unfunded state mandates, and see if at least -- even though this one is not as big as some of them have been, that we probably need to once again voice our concern to the Legislature about laying unfunded mandates on us. COMMISSIONER BALDWIN: So I guess all we do is approve the amendment? COMMISSIONER. GRIFFIN: Correct. COMMISSIONER BALDWIN: That's the only thing ,~^ .^ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 G 1 22 23 24 25 59 we do? JUDGE HENNEKE: That's correct. COMMISSIONER BALDWIN: I move that we approve Budget Amendment Number 1, moving $1,404 from Contingency to the operating expense of Code 10-445-330. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 1 for the 198th District Attorney in the amount of $1,909. Any other questi~us or comments"? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. At this timz, it appears we have successfully completed the agenda, with the exception of the presentation of landowners' signs by George Holekamp and the public hearing scheduled for 10:30 on the abandoning Gulch Ranch Road. So, I'm going to suggest at this time that we take a break and be back promptly at 10:30. COMMISSIONER LETZ: Raffle tickets are right here. (Recess taken from 10:15 a.m. to 10:30 a.m.) 60 i--~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 25 JUDGE HENNEKE: We will reconvene this meeting of the Kerr County Commissioners Court, and promptly recess for purposes of conducting a public hearing on the abandonment, discontinuation, and vacation of Gulch Ranch Road, parentheses, South Park, close parentheses, in Guadalupe Ranch Estates in Precinct 4. (The regular Commissioners Court meeting was closed at 10:30 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G i JUDGE HENNEKE: Is there any member of the public who would like to address the Court on the issue of abandoning, vacating, and discontinuing Gulch Ranch Road, formerly a portion of South Park Rcad, as provided by the Texas Transportation Code? Come forward, sir. Identify yourself. MR. SLEYKO: Yes, Your Honor. My name is Joe Sleyko, and I represent the Guadalupe Ranch Estates property organization, and I am their president. And we held a meeting Friday -- pardon me, last Saturday concerning this proposal, and I want to represent the board as being unanimously against Lhis. And we think it would be a detriment to our -- our neighborhood. And I just want to call attention to -- would everybody stand up from Guadalupe Ranch Estates? (Several audience members stood up.) 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 61 MR. SLEYKO: I just want to identify them as interested parties, property owners of Guadalupe Ranch Estates that have come to accompany me to -- to protest this. We're quite shocked at this whole thing, and we would -- we would like to really unanimously protest this. JUDGE HENNEKE: Okay. Anyone have any questions or comments? COMMISSIONER GRIFFIN: A comment, that I did meet with the board on Saturday, and there was a lot of discussion about the utility of the road from several points of view. And -- and the board was definitely unanimous that they did not want to abandon, discontinue, or vacate. Thanks, gentlemen. JUDGE HENNEKE: Thank you. MR. SLEYKO: Thank you. JUDGE HENNEKE: Is there anyone else who'd like to address the Court during this public meeting on the issue of vacating, abandoning, and discontinuing Gulch Road? Come torward, sir, and identify yourself, if you would. MR. BELMONT: My name is R. B. Belmont. I'm a property owner, Lot 22 /, and I'd like to point out that the advantage to be gained by keeping this road open would be that the County and the Hunt School District and the homeowners property association would gain by keeping this open. At the present time, Ms. Hightower and her heirs own 1 ,.-. 2 3 4 5 6 7 8 9 10 11 12 ~,,,, 13 19 15 16 17 18 ly 20 21 22 23 29 25 62 Lot 202, 203, and 204. Now, if you close that road, there Now, of course, they could have access by building a long road into their property from North Park Road, but the -- these lots I mentioned first, 202 through 204, would be no access at all. And if Ms. Hightower or her heirs wanted to sell this property, they would gain by selling the individual lots, which they couldn't sell otherwise. Also, it would benefit Kerr county for their tares when these lots are developed, and the Hunt School District. And that is my point, is that we all would be -- could be victims of a -- of a loss of -- of revenue on your taxes and so forth, and the homeowners association dues. And I just wanted to point that out, that that is my reason for objecting to closing -- now, isn't this -- South Park Road, isn't that a designated road that the County has already signed off that they -- like the rest of the roads out there, that they have agreed to maintain? See, they came out and -- and improved the roads and then they paved the roads, except for South Park Road. They did not do -- well, they did put some gravel and some fill in there, but they did not pave it. JQDGE HENNEKE: It is apparently a County-maintained road; however, there is a procedure under 63 1 2 3 9 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 22 J i 24 ~5 the Transportation Code where that road can be abandoned, dropped as a public road, and the county maintenance ceases, and that's the procedure we're undergoing now, which was initiated by the owners of the property who are serviced by that -- by the road to be abandoned. MR. BELMONT: Well, there's another thing, too. Anybody that lives south -- all of us that live south of the South Park Road, which is Fallow Run, that goes all the way around, makes the loop in Cherry Springs back to 1340 on the east, use that road because our garbage dump is down in the park. We have two garbage containers that they pick up garbage twice a week, and that's the nearest way. We just, force of habit, cut through there to take our garbage. Of course, it wouldn't be far to drive on up to North Park Road and come down that, but it is convenient. That's my point. Thank you. JUDGE HENNEKE: Thank you, sir. Is there any other citizen who would like to address the Court during this public hearing on the issue of abandoning, vacating, and discontinuing Gulch Road? Yes, sir? MR. SLEYKO: May I make one more comment? JUDGE HENNEKE: Come forward and do so. MR. SLEYKO: Mr. Belmont made mention of the garbage containers, our dumpsters down there. One thing that I didn't bring up, because I wanted really to keep it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z3 24 25 64 brief -- I have a whole list of reasons, but one of the main reasons is that at the bottom of that hill, where the trash containers that Mr. Belmont referred to, is our firehouse. And, actually, that's a main -- that's a main artery for our firehouse, and I want to let you know that. JUDGE HENNEKE: Okay, thank you. MR. SLEYKO: Thank you. JUDGE HENNEKE: Yes, sir? Did you have a comment? AUDIENCE: That's the point I wanted to make. JUDGE HENNEKE: All right. Does anyone else have any comments they'd like to make during this public hearing? Going once. Going twice. Once again, are there any other citizens who'd like to address the Court during this public hearing on the abandoning, discontinuing, and vacating of Gulch Ranch Road? If not, we'll close the public hearing and reconvene the Kerr County Commissioners Court meeting. (The public hearing was concluded at 10:38 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: The next item listed on the agenda for consideration is to consider and discuss the abandoning, vacating, and discontinuing of Gulch Road. Commissioner Griffin, this is in your precinct. Do you want 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 to kirk this one off? COMMISSIONER GRIFFIN: I think the issue is clear here, and that this -- this agenda item should die for lack of a motion. If there is further interest downstream of those property owners that are affected on that road of trying for an abandonment, then they need to go get not just their two affidavits that we have, but they would have to get 75 percent of the owners in the subdivision, since this is a platted subdivision, to agree to that. That should have happened in this go-around. So, I really think that we need to pull Item 2.9, not even address it, because there's -- it really not would not be appropriate to do this with just these two affidavits, and I think the issue is dead. COMMISSIONER BALDWIN: Question, Commissioner. Isn't this similar to one up in -- closer to Hunt -- Japonica Hills? COMMISSIONER GRIFFIN: Japonica Hills. COMMISSIONER BALDWIN: When we did that, they had to get the signatures. COMMISSIONER GRIFFIN: Mr. Don Townsend, who was the property owner -- they had some unimproved, platted roads that they wanted to officially abandon, and they had to go get affidavits from all their property owners, and it took them months to do it because some of them were absentee and they had to chase them down all over the U.S. and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 29 25 66 abroad, I think. So, it's a very -- and then we had to have a public hearing, and then we had to have a vote on it. But as long as it's a platted subdivision, there is use for the road, which is obviously indicated by the board and their residents, that I would never be in favor of -- of vacating, abandoning, and discontinuing. DODGE HENNEKE: Any other questions or comments? If not, it appears to me that the sense of the Court is to take no action on this item at this time. Failing a motion, we'll move on to recessing until 2 o'clock, at which time we have scheduled the evaluations of the nonelected department heads and direct hires by the Commissioners Court. So, we stand in recess until 2 o'clock. Thank you all for coming. (Recess taken from 10:44 a.m. to 2:00 p.m.) DODGE HENNEKE: It's 2 o'clock in the afternoon. We'll reconvene this regular session of the Kerr County Commissioners Court. The agenda item for 2 o'clock is to conduct reviews of performance evaluations with the department heads and other employees that are elected directly by the -- or hired directly by the Commissioners Court. These reviews will be conducted in Executive Session unless the employee chooses to have the session conducted in open session. Mr. Duncan has requested that his review be 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 ly 20 21 ~~ 23 24 25 67 conducted in open session. Is there anyone else who'd like to have their review conducted in open session? Ms. Sovil. Mr. North. Anybody else? Okay. Well we'll do the open session first, and then we'll go into Executive Session and conduct the other reviews. So, let's start with Mr. Duncan. Have a seat, Russ. The purpose of these evaluations, really, is not -- first of all, is, you know, so that the department head can get the sense of the Court as to the kind of job we're doing and if there's any unmet expectations, but also for us to hear from you all how we can better serve you all in serving the citizens of Kerr County. And I think it's important that we approach this process as a dialogue, as opposed to a monologue. So, never having done this before, either this Court or myself, we'll kind of stumble through it, but I think we'll make out all right in the end. COMMISSIONER LETZ: Before you start, can I make kind of a general comment? 'Cause a lot of people are here. JUDGE HENNEKE: Sure. COMMISSIONER LETZ: Just -- it's something that, you know -- I don't know, a little bit on the format that I think we decided to use. I think that the whole Court thinks it's good to get feedback from those that report straight to the Court, but I don't think we're -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 15 1/ 18 19 20 21 22 23 24 68 it's unclear the best way, necessarily, to do this. Because, essentially, each of you have five bosses, but we can only act together as a court, so it's kind of -- it's a very strange situation in the fac t that, you know, I may want Leonard to do one thing and Larry ma y want him to do something else; I mean, put Leonard in kind of an awkward situation where he has two people kind of telling him what to do, and he doesn't work for either one of them individually. So, it's a difficult situation. So, to me, the -- the purpose of this is really just to get a little feedback, like the Judge mentioned, back and forth, much more than necessarily a performance review. Maybe get down the road so that, you know, if there are expectations that aren't being met, you know, the employees understand that. And if there's, you know, things that we're doing that the department heads and other employees find uncomfortable or don't like or whatever, they can give the whole Court, as a whole, feedback. Personally, I think everyone, you know, -- well, some of them I didn't think really worked for the Court, so f didn't fill them out, and some of them that I thought did work for the Court aren't on the list, so it's a little bit strange right in this area, anyway. I think Russ is one that I didn't really think he worked for the Court directly, 25 I but after thinking about it, I would say you probably do. 69 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, LG 23 24 25 But I probably am not going -- I will have very few comments, because I think it's -- in my opinion, I'd rather make my comments one-on-one. Y'all have -- you know, that received an evaluation from me, you saw mine. If y'all have any questions, you know, you're -- feel free to come to me one-on-one. So, to me, really, this process is much more to get that Teedback coming back from you all, as opposed to me giving feedback to you, 'cause I've already given you one. If there's any questions, I would hope y'all feel free to come to me and let's talk about it. CUMM1SSlONER GP.IFFIN: If I could just add to that? JUDGE HENNEKE: Sure. COMMISSIONER GRIFFIN: And I echo everything Jonathan just said about the purpose of this and how it can be most beneficial to all of us. Another thing, as we go through this, I would like to hear -- and I'm sure everybody else on the Court would like to hear, are what are ways that yuu may have in mind that we could communicate better to employees, to employees that work directly for the Court? Is Lhere a better way of doing business that maybe we haven't tried? And I'm talkinq about, for example, would it Le -- would it be better to have written -- more written, less verbal, or would it be easier for you to, say, pick up the phone and just call me? You know, sort of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 ly ~0 ~1 ~~ 23 24 25 70 trade-offs that are being -- that are possible there. I'd like to hear, you know, what works best for you in your area and that sort of thing. So that the idea of how we can communicate better with our -- with our supervisory employees, I think, is another big topic I'd like to hear feedback on. COMMISSIONER BALDWIN: I want to also echo everything that's been said down there. I think that we all probably, each one of us, has some discomfort in what's going on, because this field hasn't been plowed before. But I think my dis -- one of my discomforts is that it's -- it's political season, and I'm just a little bit uncomfortable of that, just the -- what it might look like. But I'm certainly willing to go through the process, and I think it's going to be a good, healthy process. I agree with Commissioner Letz that Mr. Duncan is an example. I never have viewed him as a Commissioners Court employee because that never was really established, in my opinion. You know, I just -- I thought he worked for the good Judge down the hall. I've always just kind of viewed it that way, although we work together very closely, and have, and will continue to do so. So, that's -- you know, those are my concerns. Minor concerns, but I think that if we go through the process, I think it will end up being healthy. JUDGE HENNEKE: Bill? i1 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 71 COMMISSIONER WILLIAMS: I have no comments. JUDGE HENNEKE: Okay. My fault, I did omit two employees; Kathy Banik, our court reporter, and Shaun Branham, the computer information specialist. It was my error. We'll -- we'll recycle around and pick those up as we go on down the road. I think what I'd -- the format I'd like to suggest for these is, each of the persons being reviewed has a copy of our individual reviews. What I'd like to do is, I think, to ask the individual being reviewed if they have any questions about the reviews they've received. After we respond to any questions, then give the Commissioners a chance to make any comments, and then get some feedback from the person being reviewed. If we could just follow -- kind of follow that format for everyone, that will allow the process and framework for moving forward. Anybody have any comments on that? COMMISSIONER GRIFFIN: Sounds good. JUDGE HENNEKE: Okay. Well, you're the guinea pig, Russ. MR. DUNCAN: Well, see, I wish I only worked for the five of y'all, because it wouldn't be so bad, but I've got two district judges, County Court at Law judge, you as juvenile judge, a District Clerk, County Clerk, County Attorney, two District Attorneys who I all have to kind of work for and with and report to, and keep them all happy. 72 r 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 z1 22 23 24 ~5 And that's part of my job. And, as far as my evaluations go, I -- I concur with what I got and the way I got it and the numbers I got. Because what we do in my operation is -- we probably are tougher evaluators, because whenever we have to issue a capias, provide a warrant, we look at that as a failure, because we have to put somebody in jail rather than collect the money. So, we look at ourselves. "Okay, what did we do in this case that we shouldn't have done? Or what didn't we do that we should have done?" So, we kind of do a self-evaluation in our program. And, let's face it, our goal is to collect dollars for the county. Now, besides that, I run around the state and do other things. I teach for the Texas Municipal Court Education Center, and I do stuff for the Office of Court Administration, and here and there and everywhere as president of the Government Collectors Association. But, really, we do -- we evaluate what we do, and I guess the biggest evaluation I look at in my department is how well we get along with the courts and how long -- how well we get along with the clerks, and we don't get any complaints. As far as the defendants go, they're never happy with us because we tell them, "You've got to pay the money," and their evaluation doesn't count. So -- but, like I say, our self-evaluations of what we do and how we do it are very important to us, and we look at our dollars. And when we 73 1 •~-- 2 3 4 5 6 7 8 9 10 11 12 ,.,~ 13 14 15 16 17 18 19 20 zl 22 z3 29 r 25 see our dollars falling -- like, over Christmas every year we face the same thing. People don't pay; there's Christmas here. And we look at that and go, "Well, how do we get around that?" So, what we did this year was we just took the payments from about the 15th of December and moved them to the 15th of January. And, guess what? Our stats went up. You know, but the workload -- the workload in months by about 30 percent, and that's true in the courts and that's true everywhere else. Everything's going up by about 30 percent. And, very frankly, we're running to catch up and to stay up. And we feel good about ourselves, you know. We feel good about the money and we feel good about how we do it. And we're always looking for -- every time I go teach somewhere, what I always find out is it's an education, because I bring back as much information as I took. And we're always saying, Wait a minute, we can change this application. We can change this application to read in English and Spanish. So, we're -- so that will help us with that issue. And we're always modifying what we're doing. If we find the right way, then I'll let you know, but so far we haven't found the perfect way. And, that's really my comments. But, like I say, I wish I just worked for the five of you. And I -- and 74 ~-- 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 the bottom line is, I work for a bigger group, and I feel like I really am responsible to the citizens of Kerr County, because, see, what I'm dealing with is tax money. It's money that should be recovered that has -- in the past has not been recovered, and that is a big thing to me. I feel very responsible for that. That's my comment. JUDGE HENNEKE: Does anyone have any specific comments for Russ? COMMISSIONER WILLIAMS: None at a11. COMMISSIONER GRIFFIN: The results speak for themselves. COMMISSIONER WILLIAMS: They do. MR. DUNCAN: Money comes in -- I forgot, I have to keep the Auditor happy too. I can't forget Tommy. JUDGE HENNEKE: Anything you want to offer to us as far as improvements? As far as feedback -- MR. DUNCAN: No. All I ask -- JUDGE HENNEKE: -- to the report you got from the Court MR. DUNCAN: You know if I have a problem, 1'll come to the Court, like 1 try to keep you informed. And I work with Buster a lot, because on the statewide things, I know Buster's been involved with TAC and everythinq else. And we've recently been accepted as associate members of TAC, as far as Government Collectors 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L 23 24 25 Association. And, like, next Thursday I've got to be in Austin, because Judge Ables wants me to go with him to the Senate Judiciary Committee hearings on collections of fines and court costs. And, so -- but I kind of keep everything -- if I've got something new, I come in to you, if I'm going to be somewhere. And I think that communications just needs to be kept open. I don't -- if somebody hears something or sees something that they don't agree with, stop right then, pick up the phone and call me, get me up in your office and tell me. Or if you know something, give me -- tell me, because I have not got tea leaves down in my office; I can't read them. So, you know, communication -- and let me tell you, I think everything you do, having been a chief of police and being in administration, communication is the secret. If you -- if you don't tell somebody what's wrong, they sure as hell can't correct it. So, that's -- and if I have a complaint with y'a11, I'm going to do the same thing; I'm going to come to you and say, "Hey, guys, you're not giving me the support I need in order the get this money." And so far, I haven't had to do that. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Get out of here and leave us alone. MR. DUNCAN: And you notice, it was kind. ~6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z3 24 25 JUDGE HENNEKE: Ed? Ed North. MR. NORTH: Thank you. JUDGE HENNEKE: Solid Waste. MR. NORTH: No -- am I solid waste, Judge? JUDGE HENNEKE: You're not solid waste. MR. NORTH: God, I'm happy with my evaluation. I think you're probably kinder to me than I deserve. I'm trying, you understand, to -- it's my first year on the job, and right in the middle of my first year, they changed all the laws, and what used to be a Class C misdemeanor offense is now all the way up to a felony grade offense. There are some offenses now, environmental offenses, where people are facing i5 years in prison. Substantially a more serious -- you know, dumping oil on your fence line, Buster. You can't do that any more; 15 years in prison. (Laughter.) MR. NORTH: We have the problem with Highway 41; we're still going to have a problem off that. Like I told Glenn, with the new laws, anything over 5 pounds they drop there, I can't write a ticket for; I have to put them in jail. I know the Commissioners are not going to be happy if I bring busloads of people in on the weekend and shut them in jail, losing all this money, so I'm trying to balance that out with -- with signs, a little bit of 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 ~7 enforcement. Some -- I've issued some citations, and we've had -- you know, we've had several court cases starting -- court cases starting to come up. Went to court this morning on a guy, have another one at the end of this month, have one the first of February, so we're starting to roll with it. Maybe we'll get some attention; maybe we'll get some fine money coming in. Went to an AACOG meeting there in San Antonio last week. They're probably not going to fund us any more, my salary, but they did say they would probably fund some equipment for us. And, so, I've got a package -- bid package or an application to send to them through Glenn for -- maybe for a new computer and some things like that. But, otherwise, I'm happy, and if you're happy, I'm happy, and I appreciate the good comments I got. COMMISSIONER GRIFFIN: I have a question for you. MR. NORTH: Yes, sir? COMMISSIONER GRIFFIN: If -- 'cause this has happened several times, where constituents have reported to me that someone has dumped trash somewhere. If there is something that's in the trash that could identify where that came from, can you act on that? MR. NORTH: Yes, sir, I can. What I've been doing, I've been just mailing them a citation. Problem with 1 2 3 9 5 5 7 8 9 10 11 12 13 14 I~ 16 17 18 ly 20 21 22 23 24 25 ~a that is, when you go to court, all they got to say is, "How do you know that was me that dropped it?" I can't prove it; it did not happen in my presence. COMMISSIONER GRIFFIN: Right. That was my question. Do you have -- MR. NORTH: The judge has to throw it out. COMMISSIONER GRIFFIN: Right. COMMISSIONER WILLIAMS: Didn't we acquire an infrared camera for use in this -- for this purpose? MR. NORTH: We have a camera. COMMISSIONER WILLIAMS: Have we ever -- MR. NORTH: Surveillance camera. It cost $6,000; I'm a little afraid to take it out there and leave it. I don't want to be responsible for that. I don't -- I don't have $6,000, guys. COMMISSIONER WILLIAMS: Particularly on C. P. River Road, huh? MR. NORTH: Yeah. Biggest problem right now is Highway 91, and it's really more of a problem to the guy that underbid the contract than it is to us. That's whose problem it is. It's $70,000 a year to clean it up. I'll take the job for $70,000 a year. COMMISSIONER GRIFFIN: Yeah. MR. NORTH: I go out there every Sunday and check on it, and it's been a lot better since the Highway 79 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 Department -- we got some new signs put up. Now it says, "This area under surveillance." It's five years in prison if you -- for illegal dumping. And, once again, like I say, I just don't think it's a good idea to set on it out there and arrest people for throwing garbage out, because you're going to have to put them in jail, and Sheriff Hierholzer's not going to like that, and I know you -- my bosses are not goinq to like that. So, we can only -- we have to balance out enforcement with common sense. I'm trying to, anyway. But, hopefully we can hit a happy medium here. Buster's qot a problem out here in his precinct; I know we've been working on it for a long time now. We finally got the guy arLesl.ed, put him in jail. His case has not come up yet, but he calls me every day begging me to drop the charges. I'm not yuiny Lu do that. And then I find out he's got another place down in Precinct 2 that I found belongs to him. I know Cormnissioner Williams will be calling me about once a day like Buster. COMMISSIONER WILLIAMS: Not once a day, once a week. MR. idORTH: This guy is just a deadbeat, but we're getting him in court, and the judges have been working with him. We've tiad to educate everybody on new laws. And, what the judges have been doing so far, they've -- the fine's been normally a $100 fine up front, and $100 a day 1 2 3 4 5 E 7 8 9 10 11 l~ 13 14 15 16 17 18 19 20 21 22 23 29 25 80 every day the violation continues. That's been getting their attention real well. I believe we're -- we're not up to speed, but we're getting there. COMMISSIONER WILLIAMS: That's good. JUDGE HENNEKE: Anyone else? COMMISSIONER BALDWIN: You have my permission to put him in jail. MR. NORTH: Every chance I get. COMMISSIONER BALDWIN: Every chance you get. We'll talk to Sheriff Hierholzer about that. But let me ask you, do you have -- is there plenty of work out there for you? MR. NORTH: There's 1,100 square miles, and there's some sites that are -- that are career -- Westwood Uaks Trailer Park is a career site. COMMISSIONER BALDWIN: Fourth generation. MR. NORTH: Center Point. Ingram. I don't worry about Ingram; it's a city. COMMISSIONER WILLIAMS: Whatever happened to that one on Elm Pass 2? MK. NORTH: I sent him a registered letter. He refused the letter. I sent him another letter under plain cover. I have not received it back, but I understand he's working offshore. On Center -- on San Antonio Street, where the dual house is, that belonged to a man who passed 1 3 4 5 E 7 8 5 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 81 away. That probably was in probate. I talked to his family; now they've started to clean it up a little bit. Still bad, but they've started to clean it up. The guy that had 2 tons of shingles parked in front of his house, some guy had moved into his house, and moved -- just moved into it, just squatted there. The guy that owned the house didn't realize that the guy didn't have any right to be there. And he was a roofer, and he piled up all these shingles. When he got a letter from me, he had to throw the guy out. Now he's got -- he's got shingles stacked probably as high as this roof of this building. Little bit of household garbage; they threw it out the back door. He's trying to clean it. The one on the -- next to waterworks you told me about, I wrote those people a letter. They got front yard cleaned up. Back yard's still bad, so I'm waiting on that. That's about the worst sites besides Elm Yass. And I understand he works offshore, so I'm trying to get -- by law, you have to notify them, then you have to give them 30 days before you can abate -- or enforce the law. You have to give them 30 days. They have to -- that's by law, 345.011 of the penal -- of the Health and Safety Code. CUMMISSIUNEH BALDWIN: Eddie, when is that grant up? COMMISSIONER WILLlAMS: Couple months? 82 1'^ 1 2 3 4 h 7 8 9 10 11 12 13 14 15 15 17 18 ly 20 zl 22 2I 24 25 MR. NORTH: Just about now, I think. COMMISSIONER BALDWIN: When is your salary up? MR. NORTH: I don't know, Buster, to tell you the truth. JUDGE HENNEKE: Glenn, do you know the answer? MR. HOLEKAMP: What was that? COMMISSIONER BALDWIN: When is the grant -- his salary grant up? MR. HOLEKAMP: It is already. The budget took it up this year. COMMISSIONER BALDWIN: Okay. MR. HOLEKAMP: But we're applying -- we're -- we are going to apply here in February for some other grant -- for the grant again, but to -- to a limited extent, because the perimeters have changed. DODGE HENNEKE: Anybody else have any comments for Mr. North? Eddie, anything else you want to -- MR. NORTH: Only question Kara had for you would be if you want to appoint somebody to the U.G.R.A. Board. She wanted to know if you appointed me; I said no. She said she would call you. COMMISSIONER WILLIAMS: U.G.R.A. Board? MR. NORTH: Excuse me, the AACOG Board. Too 83 r-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 20 21 22 23 24 2` many acronyms here going. I can't -- COMMISSIONER BALDWIN: Did you say no? MR. NORTH: Pardon me? COMMISSIONER BALDWIN: Did you say no to the appointment? MR. NORTH: I just told them I didn't -- I don't play well with others and I run with scissors. (Laughter.) JUDGE HENNEKE: Okay. All right. Thanks, Eddie. We appreciate your time. MR. NORTH: Yes, sir. JUDGE HENNEKE: Here, take your -- Eddie? MR. NORTH: Sir? I thought you wanted to keep them. JUDGE HENNEKE: We've got some. MR. NORTH: I made a copy for my file. These are yours. Thank you, gentlemen. JUDGE HENNEKE: Thank you. Ms. Sovil wanted to be in public session, too. MS. SOVIL: Yes, sir. I have responded with a little written statement. There was -- I requested this to be open because there were two really bad reports, two bad evaluations, and three medium-to-good. And I prefer to have some ~~irection from the Court, which I have never received. And the Judge and I had this conversation on 84 .~ 1 2 3 4 5 6 7 8 9 10 11 1' 13 14 15 16 17 18 19 20 21 2~ 23 ~4 ~5 Friday, that we -- I have never received direction from this Court as to what the job expectation is. All I have to go on is a job description. My perception of the job description and your perception of the job description are two entirely different things, apparently. So, it's been mentioned already, communication. I'm in a different situation than these two gentlemen before me. They're department heads. I work as an employee. I looked at the job descriptions, and you'll notice in the -- there's a spreadsheet in here, and only two of you checked yes, that you even looked at my job description. So, I question, how can you evaluate something if you don't know what my job description is? And you haven't told me what your expectations are. I feel that -- I think you should read the written explanation in my response. I'd appreciate if somebody is dissatisfied with my performance, that they have the courtesy to come tell me they're dissatisfied. Tell me how I can rectify the situation. Don't wait three or four months down the line, whisper behind my back or do whatever, and not tell me about it. 1 can't change a situation if I don't know about it. So, I'm asking for direction from this Court. COMMISSIONER WILLIAMS: Well, I'd like to start with a comment. In light of the fact that Ms. Sovil is a declared candidate Tor the commissioner's spot in f 1 3 9 5 6 8 9 10 11 12 13 14 15 16 17 I8 19 20 ~l ~~ L L 23 24 25 85 Precinct ~ in the Republican primary, it would be unethical for me to make any comments about your performance in the public, notwithstanding the fact you've asked for this public hearing. And I filled out a confidential survey depicting what I believe to be your performance. You have chosen to make it public, but that's your business. MS. SOVIL: Yes, sir, I have that choice. COMMISSIONER WILLIAMS: Right. MS. SOVIL: But I still need to know where you're coming from on your evaluations, what your expectations are. COMMISSIONER WILLIAMS: My only comment in response to that is, the numbers on the evaluation form speak for themselves. MS. SOVIL: Okay. JUDGE HENNEKE: Does anyone else have any specific comments'? COMMISSIONER LETZ: Only comment I have is I've discussed with '1'hea my evaluation one-on-one, which I will do with any other employee if they so choose. JUDGE HENNEKE: Okay. Anything else? COMMISSIONER GRIFFIN: I don't have anything, other than -- than I agree that you got a -- you got to hear what the criticism is and what would make it work better, and I don't have any problem doing that. ~` / .-. 1 3 4 5 6 7 8 9 10 11 12 13 19 1S 15 1/ 18 ly 20 21 22 2~ 24 25 86 MS. SOVIL: Communication is the key. But I have to add that since being asked to resign, or suggested -- let me -- let me rephrase that. It was suggested that I consider resigning because I was a candidate for office. I think that's wrong. JUDGE HENNEKE: Are you saying that I suggested you resign? MS. SOVIL: Yes, sir. JUDGE HENNEKE: That is distinctly different than my recollection. MS. SOVIL: Okay. JUDGE HENNEKE: The word "resign" never came out of my mouth. The conversation we had back in August? MS. SOVIL: Mm-hmm. JUDGE HENNEKE: I asked you how things were goinq to be different since you were an announced candidate, and you said you didn't think they were going to be different at all. MS. SOVIL: That's correct. JUDGE HENNEKE: I said, "Well, that's fine, but just remember that as an employee, you are not able to use county facilities as part of your campaign." And you said that you didn't think that was proper, and I said, well, that's -- if you'll remember when people ran for election last time around, I sent out a memo to people 87 1 2 3 4 5 6 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2E saying, "Remember that you can't use county facilities as part of your election r_ampaign." I did not ask you to resign. I did not suggest that you resign. You put in the public comments that I did. MS. SOVIL: Yes, sir. JUDGE HENNEKE: My recollection is -- MS. SOVIL: That's my recollection. JUDGE HENNEKE: My recollection is that you are in error on that. MS. SOVIL: Okay. But that's my recollection of it. And that's your recollection of it. JUDGE HENNEKE: That's right. MS. SOVIL: So, it was a conversation between the two of us, and ne'er the two will meet at this point. JUDGE HENNEKE: Probably so. MS. SOVIL: But, you know, I feel like it is political. And it should -- maybe should have been done before or afterwards. But, during it, and especially after my announcement came out, I -- I have a problem with it. JUDGE HENNEKE: Well, until your announcement came out, no one knew you were a candidate. MS. SOVIL: Yes, sir, you did. You knew it in August. JUDGE HENNEKE conversation took place. This was in August that this 88 1 2 3 4 5 5 7 8 9 10 11 12 lj 14 ]5 16 17 18 19 20 21 22 23 24 25 MS. SOVIL: No, I'm talking about the evaluations. JUDGE HENNEKE: Oh. Well, okay. You changed gears on me. MS. SOVIL: I'm sorry. JUDGE HENNEKE: That's your prerogative. I agree with you that communication is the key, and I will stand up in front of everyone and say that I probably have not held up my end of the communication. That's my failing. We had a conversation about that on Friday. I've committed to you I will do a better job of communicating, and I will. MS. SOVIL: Well, I think we had the first good conversation we've ever had -- JUDGE HENNEKE: Probably so. MS. SOVIL: -- in two years, was Friday. And it was after we got through yelling at each other. JUDGE HENNEKE: Sometimes that's necessary in order to get the juices going. MS. SOVIL: But we did -- I mean, it came out that both of us are not ~~ommunicating. We have to communicate as a body. I have to have direction from this Court as a body. What -- there's an evaluation on the sheet that says office policy, and policy -- did not follow office policy. We don't have any office policy. JUDGE HENNEKE: Okay. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 89 MS. SOVIL: So, you know, I question some of the -- some of you left some of it blank. Not much, but I wanted the public to know I believe in this, and this is my response. JUDGE HENNEKE: Okay. MS. SOVIL: So I'm asking for direction from this Court. JUDGE HENNEKE: Any other questions or comments? COMMISSIONER GRIFFIN: No JUDGE HENNEKE: Okay. Thank you. MS. SOVIL: Thank you. JUDGE HENNEKE: We'll now -- the Court will now go into Executive Session to conduct the rest of the evaluations that are scheduled for today. I think we'll take them in order. We'll take -- we'll do Leonard's and then Franklin's and then Marc's and then Glenn's. So, Leonard and Marc and Glenn -- I mean Franklin and Marc and Glenn, unfortunately, we have to ask you guys to kind of hang loose out here. As you can see, this probably won't take a whole long time, but if everyone else who's not required would please vacate the room, I'd appreciate it. (The open session was closed at 2:28 p.m., and an Executive Session was held, the transcript of which is contained in a separate document.) 90 1 .~-. 2 3 4 S 6 7 8 9 10 11 12 ~, 13 14 15 16 17 18 19 20 21 ~~ 23 24 .~^'~ 25 JUDGE HENNEKE: Court will now go back into open session, having completed the Executive Session. Is there any action necessary? Seeing none, unless there is any further business, we stand adjourned. (Commissioners Court adjourned at 3:39 p.m.) STATE OF TEXAS COUNTY OF KERB 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 17th day of January, 2002. JANNETT PIEPER, Kerr County Clerk B Y : _~~ -- Kathy Bani Deputy County Clerk Certified Shorthand Reporter ORDER NO. :'7379 CLRTMS RND RCCOUNTS On this the 14th day of Jan~aar-y '~00:'_, came to be considered by the Co~ar•t var-ions Commissioners' pr-ecincts, which said Claims and Recounts are: 1Qi--C,ener-al for• $187,390.59; 14-Fire F'r•otection for• $11,313.19; 15-Road R Rr^idge for- $6~,06c.93; 18-County Law Library for^ $3,840.00; 19-public Library for $31,431.34; 23-Juvenile State Rid Fund for^ $7,79"T. 50; 27-Juvenile Intensive Prog--State Rid Fund For $9,958.69; 50-Indigent Health Care for $a,So5.5~; ~~ 61--1998 Tax Anticipation Note for• $31,3c3.75; 6c-1994 Jail Nond for• $375.00; 70-Permanent Impr-ovement for• $x,019.95; 76-Juvenile Detention Facility for $3,300.00; 83-State Funded-c16th Rttor-ney fur $1, 897.5; 86-State Funded Dist F'r•ob for^ $.:,6c8.33; 87-State Funded-Community Corr^ections for $$,889.86 TOTAL CRSFI REG!UIf2ED FOR ALL FUNDS IS: $367, 7E;7. 17 Upon motion made by Commissioner- Haldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to pay said accounts. ORDER N(:). ~73Ei0 BUDGET AMENDMEhdT COUNTY RUDITOR On this the 14th day of Jan~aar^y c00c, upon motion made by Commissioner Williartis, seconded by Commissioner Letz, the Co~ar-t unanimously appr^oved by a vote of 4-0-0, to transfer^ b2, 600. 00 from Line Item No. 10-409--571 Contingency to Line Item No.10-495-570 Capital Outlay. ORDER N0. 27,:181 ^ BUDGET RMENDMENT COURTHOUSE, JAIL, SHERIFF'S DEF'gRTMENT, JUVENILE PROBRTION, HC YOUTH EXHIBITION CENTER Qn this 14th day of January 2@@2, upon motion made by Commissioner Williams, seconded by Commissioner- Let z, the Court unanimously approved by a vote of 4-@-@, to transfer X116.@@ from Line Item No.i@-E6E-55@ Ma.jor• Repairs to Line Item No.l@-666-~'@6 Insurance on Rg Rarn; $3i.@@ from Line Item No.l@--57@--x:15 Tr•anspor•tation of Juveniles to Line Item No.i@-57@-481 Vehicle Insurance; 9;1,644.@@ from Line Item No.l@-56@-1@4 Deputies Salaries to Line Item No.l@-56@-48@ Vehicle Ins~ar•ance; X2,136.@@ Line Item No.l@-512-1@4 Jailer r-• Salaries to Line Item No.i@-512-2@6 Insurance Bldg. R Jail; 9;315.@@ from Line Item No. 1@-51@-55@ Major Repairs to Line Item No. 1@-51@-48@ Insurance; X4,982.@@ from Line Item No.i@-4@9-571 Contingency to Line Item No.i@-4@9-4B@ F'roper•ty Ins~ar•ance. ORDER N0. X738' BUDGET RMENDNENT/LATE RILL SHERIFF'S DEPRR"fMENT On this the 14th day of January :00:, motion made by Commissioner Let z, seconded by Commissioner Griffin, the Court ~.~nanimously approved by a vote of 4-0-0, to tr•ansfer• $5, 993.GG from Line Item No.10--409-571 Contingency to Line Item No. 10-560-'07 Insi_irance-Liability and approve late bill in the amo~_int of $53,819.0 to First Insurance Agency. The Co~.tnty A~_~ditor and County Treas~_rrer are hereby authorized to write a hand check in the amount of $53,819.0Q made payable to First Insurance Agency. ORDER N0. 2-1383 RERD AND AF'F'ROVC IhlNUTES On this the 14th day of January 2222, ~_ipnn motion made by Commissioner•!_etz, seconded 6y Commissioner Griffin, the Court unanimously approved by a vote 4-2-2, to waived reading and approved the following minutes; Kerr County Commissioners' Court Regular Session Nonday, December 10th, 2221- 9:02 a. m.; Ker•r• County Commissioners' Court Special Session Friday, Deceni6er• Gist, :'221-- '3:22 a. m. ; and N.er•r Coi_inty Commissioners' Coi_trt Special Session Nonday, December 31st, 2221- 9:22 a. m. ORDER NO.c7~84 RF'PROVE RND RCCEF'T MON1"HLY REPORTS On this the 14th day of January ~_OGE, ~-ipon motion made by Conimissianer• Let z, seconded by Comniissioner• Griffin, the Co~ar•t unanimously appr^oved by a vote of 4-0-0, to accept the following r^epor•ts and direct that they be filed with the Coy"mty Clerk for the futi-ire a~"edit: County Extension Report r. llecember c001 Linda Uecker^, Distr^ict Cler^k Fees-December• EOQ~1 Jannett Pieper^, County Cler^k Tr•~.ist-December^ c001 Fees-December^E~G1 W. R. Flier^holzer^, Sheriff Civil Report-December ~~@1 Vance Elliot-J. F'. #1 December^ c~01 Dawn Weight-J. P. #2 December OQ~01 Robert Tench-J. P. #. December^ C0~1 Willims Ragsdale-J. F'. #4 December^ EOGS ORDER NO.c7„85 ^ RRPIES DRIVE REGISTRRTION REDUCTION On this the 14th day of Jan~aar•y c~d0c:, upon motion made by Comrtiissioner• Griffin, seconded by Commissioner Paldwin, the Court unanimously approved by a vote of 4-4~-0, to reduce the r•egistr•ation fee of ~c.~~b and 35. 0a to X1.00 d~ar•ing the Rabies D1r~~~iyve, which is from Febr•~aary cnd through Febr~aar•y 16th, year LYI ~L. ORDER ND. :'_7386 ^ CONSIDER VRRIRNCE RND PRELIMINRRY FLAT OF HUTTE ADDITION PCT.=' On this the 14th day of Jan~.rary c00c, ~_rpon motion made by Commissioner- Williams, seconded by Commissioner- Let z, the Co~ar•t unanimously approved by a vote 4-Q-0, granting variance to the lot size and the road frontage as r•eq~aested, and approving preliminary plat of H~_itte Rddition Precinct c. ^ ORDER N0.~7387 APPROVE NAME CHAPdGES FUF2 I'.ERR CO. ROADS IN ACCORDANCE WT1"H 9--1- i GUIDELINES On this the 14th day of Sang"nary c~0c, upon motion made by Commissioner- Griffin, seconded by Commissioner- Let z, the Coy"ir•t unanimously approved by a vote of 4-Q~-Q~ the name changes for the Kerr County private roads at the var•io~"is locations, in accordance with 911 g~"sidelines, as presented. EXISTING RORD NRME REG?UESTED NRME CFiRNGE PCT River- Valley Ranch Rd S River Valley Rd S 4 (Location of Road off Cade Loop, j~"~st ac:r•oss the river- on right) Rancheos De Dios (Location of Road Hound Recess Rd) 1..39 (Location of Road Rd NW Thomas Ranch Rd NW 4 i/4 mile soy"rth of Midway Rd off 1-10 East E Old F'ast~"ire Rd E c Petween Mackholliman and State F'ar"k) ORDI.R N0.'~7~8© RCG!UIRING I~F_MATNING F'IECE OF StiEFPARD REFS ^ RIGHT--OF-WRY On this the 14th day of .Jane-iar•y~~Z~c, upon motion made by Commissioner Baldwin, seconded by Commissioner- Let z, the Coy-~r•t unanimously approved 6y a vote of 4-0-0, r•equestiny that the N.err County Attorney formally offer the landowner of the remaining piece of the Sheppard Rees right--of-way the fair market vale-ie, as established by the appraisal, si-ich action to be taken not later- than w-ir next meeting, JanuarySBth, year c00c. ORDER N0.c7„H9 .+~ CREATION OF FIVE PERSON CITIZENS COMMISSION TO MAKE RECOMMENDATION OF ELEC"FED OF"FICIRLS SRLRRTES On this the 14th dray of January 'c00~, upon motion made by Commissioner Letz, seconded by Commissioner, Williams, the Court unanimously approved by a vote of 4-0-@, to create a five-person citizen's salary commission and make recommendations on elected official's salaries for- N.err• County, one person appointed by each Commissioner- and by the Co~_tnty J~_idge, with technical support from Sha~_m Branham and s~_rbstantive support by Tommy Tomlinson, members to he anno~_inced at ^~_u• Fe6r~_tary 10th meeting, with the report to be req+_rested not later' than June 1st, Year c0Q~2. r ORDER NO.c7~9Q~ RENEWAL LEASE FOR WEST I~ERR COUNTY ANNEX On this the 14th day of Jani_iary 200c, ~_ipon motion made by Commissioner Griffin, seconded by Cvmmissivner• Baldwin the Cvur•t unanimously approved by a vote of 4-0-0, to renew the lease with Nr•.F'r'io~.ir• an the West Ker-r• Coi_inty Annex, and at a monthly rate of ~45G.00 a month and m~_~lti-year term, and authorize Commissioner Griffin to negotiate the final details and bring i.t back t the Court for final approval. ORDER N0.~739 NAME CHRNGES FDR CDCJNTY MAINTAINED F20ADS THAT HAVE: HAD F'UPLIC HERRING AND SPEED LIMIT SIGN On this the 14th day of Jan~_~ary (_'00~, japan motion made by Commissioner Griffin, seconded by Commissioner Let 4, the Court unanimously appr^oved by a vote of 4-~-0, 'the name changes for• County--maintained roads and the change in the speed limit sign as presented, and the subject of the public hearing. CURRENT NAME Reservation Rd NW Tatsch Rd NW CHANGED TD F'UPLIC HEARING DATE Upper Reservation Rd NW 1l14/0'c lower Reservation Rd NW 1; 14/0^c Denson Rci N Eugene Rd N 1/1~r/0c (off Highway (_7 near- Comfort) South park Rd SW Co~_tgar F'ark Rd SW 1/14/0c (paved portion in Guadalupe Ranch Est) Windcr•est W Yavo Rd W 1/14/0 (end of Yavo> North Oak & South Dak Dr. OaIK Dr W 8/c7/01 tP.ivouac Subdivision off Hwy E7) East 8 West Cedar Dr W Cedar Dr W 6/c7/01 (Aivouac Subdivision off Goat Ck Ci_it off) West Cedar Dr W Rush Ur W 8/'E7/0i (Connecting road between ~ circles) SPEED LIMIT WESTWDDD (OFF HWY ~7 NEAR CDMFDRT) 35 MF'Fi ORDER N0. 27391 ~. COMMISSIONERS' COURT MEETING SCHEDULE FOR CALENDAR YEAR 2005 On this the 14th day of 7wnuary ='00f=, upon motion made by Commissioner Letz, seconded by Commissioner, Griffin, the Court unanimously approved by a vote of 4-Q~-@, to adapt the schedule for• the calendar year 2005 meetings of I:err County Commissioners Court, to incli_tde quarterly evening meetings. ORDER N0. c7~9,~ DISGOSITION OF SURGLUS f-'RDF'ERTY On this the 14th day of Tan+aar•y E47~F'_, upon motion made by Commissioner Lets, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, to declare as siarpl~as the 199E Gateway compiater• and authorize sale of that spar-plus property to Gillespie Co~.mty for the sum of 85.00. DF2DER N0. ~7~94 ~ PUDGET RMENDMENT TO COVER UNFUhJDED STRTE MRNDRTE TO F'pY LONGEVITY SUF='F'LEMECdTS TO 198TH c4 c1GTl1 R55ISTRNT PROSECUTORS On this 'the 14th day of ,Tani_iar'y c00c, upon motion made by Commissioner- Baldwin, seconded by Commissioner Griffin, the Coi_ir-t ~_inanimo~_isly appr^oved by a vote of 4-Q~-0, Pudget Rmendment ni_imber 1 for' the 198th Di~str^ict Rttor•ney in ttre amo~_mt of ~1,4~4.00 from Line Item No.iL~-409-071 Contingency to Line Item Nn.i~--445-3 0 Operating Expense. i '~