1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 L1 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, March 11, 2002 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PKESENT: 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 I N D E X March 11, 2002 2 PAGE --- Commissioners Comments 3 3 1.1 Pay Bills 6~~I'}'~~ 1.2 Budget Amendments a'~~-`~~, a1~~k~ 6 4 1.3 Late Bills 12 1.4 Read and Approve Minutes 1~~~}SC 5 1.5 Approve and Accept Monthly Reports 13a"j~~ 6 2.1 Introduce John Mullins, County's new appointment to Butt-Holdsworth Library Advisory Board 14~~~5 7 2.14 Consider charging handling fee for processing payments by credit cards, County Clerk's Office 16a~`F" 8 2.2 Consider acceptance of audit of accounting records for year ending 9-30-O1 19x7`47 9 2.3 Consider variance from subdivision platting on Q ~S Lots 8, 9, & 10 of Spyglass Hill 31 ~ 10 2.4 Consider variance from subdivision platting to move lot line on Lots 8 & 9, The Horizon 34'd1`~`'~ 11 2.5 Set Public Hearing date for Revision of Plat, Creekwood V, or consider approval of final 12 Revision of Plat of Creekwood V 36~-j`~ 2.11 Approve road name changes for privately 13 maintained roads in all precincts 41d1~5~( 2.12 Authorize 911 to finalize duplicate road names 19 and submit names to U.S. Postal Service 43a"14.~~' 2.13 Sheriff's Department application to Hal & Charlie 15 Peterson Foundation for grant for TouchPrint 2000 ~~~ 94 2.6 Public Hearing on cancellation of Vista Ridge Q~`S~S 16 Estates 55 2.7 Cancellation of Vista Ridge Estates 56a1V~, 17 2.9 Public Hearing on abandoning, discontinuing, and vacating Moore Lake Road in Precinct 9 58~~~ 18 2.10 Abandon, discontinue & vacate Moore Lake Road 59 ~Z•lld 2.8 Open sealed bids on Road & Bridge materials 62, 89~~~3 19 2.15 Agreement between County & Hill Country District Junior Livestock Show Association 65~~SC~ 20 2.16 Request that TexDOT install signs designating North & South Fork crossings of Guadalupe River 77`Z~~°~ 21 2.17 Accept resignation of W.R. "Rusty" Hierholzer from 911 Board, appoint new County appointee to Board 81 a7 22 2.18 Resolution declaring March 17-23, 2002, as National Agriculture Week in Kerr County 84'J~4(e9 23 2.19 Resolution requesting participation in County Management System Project 85'~~~~ 24 2.20 Approval of contracts with Dietert Claim, Kids Advocacy Place, and Soil & Water Conservation 86a-~ ~~ 25 2.21 Resolution to become member of CIRA, authorize County Judge to sign interlocal agreement 88a~ ~'~ 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 1S 16 17 1 ti 19 20 21 22 23 2q 25 3 On Monday, March 11, 2002, at 9 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, March the 11th, Year 2002, and we will open this regular session of the Kerr County Commissioners Court. If you will take a moment, stand with me for a moment of prayer and then followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: At this time, any citizen wishing to address the Court on an item not listed on the regular agenda may come forth and do so. Is there any citizen who would like to address the Court on an item not listed on the regular agenda? Going once, going twice. One more time, is there any citizen who would like to address the Court on an item not listed the on the regular agenda? Seeing none, we'll move into the Commissioners' comments. Let's start with Commissioner Baldwin. COMMISSIONER BALDWIN: Sir, I have no comments this morning, thank you. JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: Just a couple, Judge. 1 ,.-. L 3 4 5 6 7 8 9 10 11 12 ~, 13 19 15 16 17 13 19 20 21 22 23 29 •~- ~~ 4 First of all, I'm announcing the L.C.R.A. grant to the Elm three years, where they have successfully gotten their grant to replace one of their brush trucks. They replaced the first one about three years ago, and it was a World War II vintage army surplus-type vehicle, and they're replacing a second one this time, which is also a World War II vintage vehicle, and so congratulations to them. Just a word about what you -- your prayer touched on something that's really close to everybody's heart, and that's the six-month anniversary of -- of the tragic events oT y/11. If you didn't have an opportunity, or did not take the opportunity to see that beautifully done documentary -- i say "beautifully" only because of the braveness of the two photographers and the opportunities they had to film the life of the fire department during the 9/11 tragedy and the aftermath of that. If you haven't seen it, you should have seen it. If you have an opportunity to see it, you should see it. It's a very touching and well-done thing, and it does bring to me a closer understanding and a feeling for our firefighters. They really do save lives, and they're willing to do that. Just want to make those notes. COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Jonathan? COMMISSIONER LETZ: Hard to follow that. I 5 1 ^. 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 ly 20 21 ?? ~3 24 25 concur with those comments. The only comment I have, other information purposes, that the Hermann Sons Bridge -- Mr. Tijerina signed the agreement finally without having to proceed to the more negative condemnation process. May still have to go down that road, but at least he's given us access to his property to do surveying, so that's good news. JUDGE HENNEKE: Larry? COMMISSIONER GRIFFIN: We11, on a lighter note, boy, it -- there was a first-place finish this weekend. Ingram Tom Moore 7th grade girls finished first in the Comfort relays. And you probably won't see that covered extensively in the press, so I wanted to announce that here. The other -- the other comment that I have is that there was a pretty good fire out in Precinct 4 this weekend, and I wanted to pass along compliments to Road and Bridge Department. I received several from firefighters that said that the water trucks showed up in a hurry from the Road and Bridge Department; made a huge diTference in being able to control and fight that fire. So, please pass that along to the folks who were responsible for that. 'That's it. JUDGE HENNEKE: The Tivy High School Mock Trial Team finished third in the state over the weekend. Another excellent performance. It' s a quirk of the judging of that competition that the -- our young people beat the 6 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 fourth -- in the fourth round the team which won the state championship. Now, you know, how they worked that -- they did that to us before. I'm still mad about, you know, Lubbock in 19 -- in the year 2000. But, still, you know, our congratulations to Bobbie Murray and Judge Ables, Judge Prohl, David Jackson and the other local attorneys who donate so much of their time Tor that incredibly successful program, so our congratulations to them. And, without anything else, let's go about our business. Mr. Auditor, we have some bills to pay. Anyone have any comments or questions regarding the bills as presented by the Auditor? COMMISSIONER WILLIAMS: Move we pay the bills. COMMISSIONER BALDWIN: I'll second that motion. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court authorize payment of bills as recommended and presented by the Auditor. 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. Let's see. Budget Amendment Number 1 is for the 2161h District Court. 7 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 ly 20 21 22 23 24 25 MR. TOMLINSON: Okay. The first Amendment is for, as the Judge said, 216th court, and we have a need to transfer $586.10 from Court-Appointed Attorneys line item to Court Transcripts. And I -- along with this, I'm requesting a hand check for $304.70 to Cindy Snider for a transcript. COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second, with a comment. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court authorize Budget Amendment Number 1 for the 216th District Court and authorize a late bill and hand check in the amount of $304.70 payable to Cindy Snider. COMMISSIONER LE'i'Z: My comment -- or rather question is regarding the Court-Appointed Attorney item. We're pretty much ahead of schedule, looks like, in expenditures out of that line item. Is there a reason for it? Are we just -- MR. TOMLINSON: Senate Bill 7. CUMMISSIONER LETZ: Can you refresh my memory as to Senate Bill 7? MR. TOMLINSON: Well, I'm not -- I'm noL totally versed in Senate Bill 7 myself. I know that it has to do with the indigent -- the cost of -- Lhe L~Lal cost, actually, of -- of furnishing indigent defense for indigent citizens. There -- there's -- the LegislaCure enacted this 8 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l~ 18 19 20 21 22 23 24 25 bill last Legislature, and right now the -- the Governor's office, I believe, appointed a task force of various people in the -- in government, both county and state, to study what information that the -- that they want to report to the state in this -- relative to these costs. And, so, we're -- we're somewhat in limbo right now as to know exactly what this will cost us ultimately in the future. COMMISSIONER LETZ: It just should be noted -- I mean, it's a -- we had budgeted, for the public to be aware, $85,000 for court-appointed attorneys, and we've already -- well, we have $30,000 left in that line item, and we're not even halfway through the year, or barely halfway through the year. So, just one of those huge line items that we have very little control over. Most of it's mandated by powers above us. But it's always wise to let the public know where their money's going. SHERIFF HIERHOLZER: If I may say something, Commissioner, the other part about this Senate Bill 7 that's going to really affect us, probably in next year's budgeting, there's about four different forms that we have to provide now at the jail for all these -- everybody arrested to be able to fill out, and provide those in triplicate. And when I got the prices on those the other day, for the number of inmates we arrest each year, those forms will cost about $15,000 a year, just fox lhaL part of 9 .~-~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it. Just -- this bill is, to me, an unfunded mandate by the State that's really going to cost this county and back up the dockets. MR. TOMLINSON: Potentially, in my office, along with both of the clerks, we'll have to report expenditures by court. I mean, we're, I mean, segregated by juvenile, any -- any County Court at Law or District Court, and -- and include the cost per case, and not -- not just total. I mean, we're talking about tracking the cost of that -- of that crime from beginning to end, by case, and that can really get expensive to do. COMMISSIONER LETZ: Let our legislators know. That's all you can do. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: Any other questions or comments? MR. TOMLINSON: I have -- Judge, I'm sorry. I had -- there there's another check -- hand check that I need for this amendment. I didn't see it in my work here. And it's -- it's also to Cindy Snider for $602.80. DODGE HENNEKE: $602.80? Do we presume that your motion -- COMMISSIONER GRIFFIN: The motion includes that. JUDGE HENNEKE: Okay. Any other questions or 10 1 L 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 comments? COMMISSIONER BALDWIN: My only comment is, you know, I don't think that anybody has any problem with indigent -- taking care of the indigents, but I think the -- the debate has always been where and who determines that they are indigent? And I think what the Sheriff is saying, that you do it in your jail before they ever come over here, and that's kind of a tricky little deal there. SHERIFF HIERHOLZER: That's part of this new deal. Part of those forms is, they have to fill out an application, and all that will get sent over to whatever court that case is filed in. It will be up to that judge to determine the indigenty on appointing the attorney. COMMISSIONER BALDWIN: I guess they take their word for it most of the time? SHERIFF HIERHOLZER: Yeah, it still amounts to just that. JUDGE HENNEKE: Well, as long as we're talking on that topic, Senate Bill 7 aYYects juveniles as well. What we have -- in the three years I've been working with the Juvenile Probation Department, we have doubled and doubled again the amount of attorney's fees we recover from the juvenile parents and the juveniles themselves, so we're now recovering probably about 40 percent of the amount of money that we expend on attorney's fees for juveniles, which 11 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is pretty good. COMMISSIONER BALDWIN: That is good. SHERIFF HIERHOLZER: Well, I understand even on the indigent, there is a way to recover those attorney fees, even if that attorney was appointed -- and that's the other part that's probably going to affect this county a lot, is your Collections Department is going to end up getting so much more thrown on them that it's going to have a serious effect. JUDGE HENNEKE: We'.11 all look at that. Any other questions or comments on Budget Amendment Request Number 1? 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. Request Number 2 is for from the Sheriff's Department. MR. TOMLINSON: We -- there's a need to replace a -- a monitor for a computer in the Sheriff's Gffice, and by request of the Sheriff, we're transferring $179 from Operating Expenses to Operating Equipment. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, 12 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 second by Commissioner Williams, that the Court approve Budget Amendment Request Number 2 for the Sheriff's Department. 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. Number 3 again is for the 216th District Court. MR. TOMLINSON: This amendment also is to transfer funds from Court-Appointed Attorneys to Court Transcripts, and it's for $55.30. 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 3 for the 216th District Court. 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. Any late bills, Tommy? MR. TOMLINSON: No. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 LS JUDGE HENNEKE: Thank you. At this time, I would entertain a motion to waive reading and approve the minutes of the February 1 and February 25 meetings of the Kerr County Commissioners Court. COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court waive reading and approve the minutes of the Monday, February 11, 2002, and Monday, February 25, 2002, meetings 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'd also entertain a motion to approve and accept the monthly reports as presented. COMMISSIUNER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court approve and accept the monthly reports as presented. Any questions ur comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) 19 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Opposed, same sign. (No response.) JODGE HENNEKE: Motion carries. All right. We'll move directly into the consideration agenda. The first item for consideration is Item Number 1, introduce John Mullins, Kerr County's new appointment to the Butt-Holdsworth Library Advisory Board. Commissioner Williams. COMMISSIONER WILLIAMS: Thank you, Judge. Last Commissioners Court meeting, the Court unanimously approved the selection of John Mullins to be our new representative to the Kerr County -- City/County Butt-Holdsworth Library Advisory Board. It's a pleasure to introduce you to John this morning. Let me give you a word or two about him. John Mullins was born in Avon, Massachusetts -- and we won't hold that against him -- a town just south of Boston. Following high school, he served in the Army Air Corps in World War II as a P-38 fighter pilot based in Italy. He not only was a P-38 fighter pilot, but he still is actively involved in P-38 matters. I believe he authored a book about the P-38 and World War II. After separation from the service, John completed a Ph.D. in pharmaceutical chemistry in 1955, with considerable help, he says, from his good wife, Phyllis, whom he married in 1945. His career wort has been in pharmaceutical new drug research 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ?0 21 ?2 23 24 25 and development, beginning with Merck Corporation in New Jersey. He retired from Alcon Laboratories in Fort Worth, Ter,as, in 1986, and thereafter moved to Kerrville, which John says is the best move he's ever made. His interests in things other than pharmaceuticals include international, the Confederate Air Force, of which he's a life member, painting -- watercolors, not houses -- and a poor game of golf. Since relocating to Kerrville, he has been vice president of the St. Peter's Uay School, board member and president of the Kerrville Performing Arts Association, board member and president of the Friends of the Library, and president of the local Air Force Association. He also served as president of the 1st Fighter Association, and as I noted earlier, he wrote a history about the group's actions in World War 11 entitled An Escort of P-38's. His writing is now limited to newsletters and being active in the literary community. It's a pleasure to introduce to you John Mullins. John, will you come forward? Present him to Commissioners Court and the public as uux new representative to the Butt-Holdsworth Library. MR. MULLINS: Thank you for -- I didn't know you were going to read that whole thing. COMMISSIONER WILLIAMS: Yuu didn't think I was just going to ask to you fax it to me and swallow it? MR. MULLINS: I thought you might edit it a 16 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 bit. Well, I appreciate the appointment. Thank you. JUDGE HENNEKE: Thank you, John. I don't know when you're goinq to have time to help us out, but we appreciate it. MR. MULLINS: There's always time. JUDGE HENNEKE: Thank you, sir. At this time, at the request of the County Clerk, we're going to take up Item Number 14, and then we'll take up the audit after that. Ms. Pieper seems to think she has work to do that requires her attendance elsewhere this morning. So -- MS. PIEPER: Thank you, Judge. JUDGE HENNEKE: Item number 14, consider and discuss a handling fee for processing payments by credit card as authorized by Chapter 132 of the Local Government Code. MS. PIEPER: Gentlemen, as you know, I've been using a credit card machine, and we have used it a couple of times, and the public seems to find it very useful to have that service here. I am requesting to be able to charge a handling fee for this. The company that we are going through for the credit card machine, which is Visa and Mastercard, they're charging us a dollar and 60 -- no, 1.60 percent of the total amount of items purchased, plus we have a 20-cent transar_tion fee, and then the statement once a month is $9.95. So, the Legislature last year has changed 17 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 ]6 17 13 19 20 21 22 23 24 25 the Law that -- that says a Commissioners Court may authorize a county or precinct office to collect and retain a handling fee for processing this. In going through the law, we may not set a processing fee that exceeds 5 percent, or if we go under Section 132.002(0), we can set a flat rate not to exceed $5 for each payment. And it's -- instead of working with a percentage, each time somebody comes in to purchase something, marriage license or birth certificate or whatever, 1 think it would be much easier just to work with a flat fee. And, in kind of doing a little quick figuring, I think if we could charge $2 per item, then I think that would cover our costs for the -- the statement fee and transaction fees and stuff. JUDGE HENNEKE: Any questions or comments? CUMM1551UNER WILLIAMS: What's the volume normally, Jannett, if you know, of these type of transactions on credit cards that your office is processing? MS. PIEPER: Depending on what the -- COMMISSIONER WILLIAMS: Average. MS. PIEPER: It's hard to say, because a birth certificate is $11, a marriage license is $36. If they file a civil case, it can be up to $150. So, it just depends. COMMISSIONER WILLIAMS: Are you sure $2 will do the job? 18 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MS. PIEPER: I think it will. COMMISSIONER. GRIFFIN: If we adopt a flat fee, then is there sort of a way you can track that to see if that fee is covering the costs? MS. PIEPER: Yes. We have used it -- COMMISSIONER GRIFFIN: The reason I ask the question is so that we could adjust it later if there is either -- MS. PIEPER: Yes, we get a statement once a month. And it's a bookkeeper nightmare, my bookkeeper tells me, but she's willing to do it. We've used it four times in this statement cycle. The cost -- there was one that was $12, $47, a $30, a $33. I mean, it doesn't say what was purchased, but that's the -- what shows in our deposits. CUMM1SS1ONER GRIFFIN: I think 2 bucks will cover it. COMMISSIONER BALDWIN: I move we authorize the County Clerk to charge a $2 handling fee for processing payments for credit cards, as per Chapter 132 of the Local Government Code. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court authorize a $2-per-transaction handling fee for processing payments by credit cards, as authorized under Chapter 132 of V 1 1 2 3 4 5 F 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 19 the Texas Local Government Code. 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. MS. PIEPER: Thank you, gentlemen. JUDGE HENNEKE: And that will be effective? MS. PIEPEP.: Today. JUDGE HENNEKE: Today. Can we include that as part of your motion, Commissioner Baldwin? COMMISSIONER BALDWIN: Yes. JUDGE HENNEKE: Be effective Monday, March the 11th, 2002. MS. PIEPER: Thank you. JUDGE HENNEKE: Okay, thank you. We'll return to the regular order now. The next item for consideration is Item Number 2, discuss and consider acceptance of the audit of the County records for the year ending September 30, 2001, and presentation by our outside independent auditors, Pressler, Thompson and Company. Tommy? MR. TOMLINSON: I furnished each one of the Court a copy of -- of the audit last week. I hope you've had time to -- to look it over and have some questions, but 20 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Doug Sundberg from Pressler Thompson Company is our -- is here today to summarize the audit and answer any questions that you might have. Last -- sometime during -- during last year, we had some conversation about -- well, several conversations about the implementation of GASB-34, and, I just wanted to tell you that that -- the Court that -- that the firm and I have had -- or have continuing conversations about this implementation. And so, just for your information, know that -- that it -- that it is happening. And I have several projects underway this year to speed -- to speed that implementation on, and hopefully I'll be ready by September the 30th of this year. So, at this time, I'll give this -- relinquish the podium to Doug. MR. SUNDBERG: Morning. JUDGE HENNEKE: Welcome. Good morning. MR. SUNDBERG: I'd like to start out on Page 2 this morning, which is our independent auditor's report, which states that we audited the general purpose financial statements of Kerr County as of September 30, 2001, and in our opinion these general purpose financial statements present fairly, in all material respects, the financial position of Kerr County as of September 30, 2001. On Pages 4 and 5 are the -- ox' is the balance sheet of all the accounts from the account groups -- excuse me, fund types and account groups of Kerr County. In the first column -- I 21 1 ~.., 2 3 4 5 6 7 8 9 10 11 12 ~,,, 13 19 15 16 17 18 19 20 21 22 23 29 L ~ won't go over every one of these items unless you have a question regarding a particular one. The first column, the General Fund indicates total assets of $4,433,000, liabilities of $1,015,000, and a General Fund operating fund balance of $3,417,000 as of September 30. Excuse me. The first column on Page 5, the proprietary-type fund, which is the Juvenile Detention Facility, has assets of $2,892,000, total liabilities of $ ,089,000, which includes the mortgage on the facilities out there, and ending with a retained earnings of $803,247. Excuse me, allergies are catching me here. On the last couple columns there, the account groups, the general fixed assets and general long-term debt, we will touch on those in just a minute here. On the next pages, Pages 6 and 7, there's a statement of revenues and expenditures and changes in fund balance, the first column there being the General Fund, indicating total revenues of 59,±69,000, total expenditures of $9,0"72,000. Skipping down a couple lines, we had the net of operating transfers in and out of $5,359, ending with an excess revenue over expenditures for the year of $301,937. Beginning with a fund balance of 53,115,000, we end up with, as I mentioned before, a fund balance as of September 30, 53,417,000. On Pages 8 through 14 is the statement of revenues and expenditures, comparison with the budget for the various yoverrrmental fund types. 1'd like to touch on 22 i-- 1 3 4 J 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the General Fund just briefly. On Page 8, which has total revenues budgeted of $9,029,000, actual receipts of $9,359,000, or $340,000 more than budgeted. Expenditures, the County had budgeted $9,153,000 for expenditures, actually expended $9,072,000, or approximately $80,000 less than budgeted, for a net effect of -- of revenues over expenditures budgeted of $420,000. Real good. COMMISSIONER GRIFFIN: Doug, could I ask a question here'? MR. SUNDBERG: Sure. COMMISSIONER GRIFFIN: So the actual revenues exceeded what was budgeted by $340,000? MR. SUNUBERG: That's correct. COMMISSIONER GRIFFIN: The actual expenditures were $86,000 -- $81,000 less than budgeted? MR. SUNDBERG: That's correct. COMMISSIONER GRIFFIN: So that the net effect of that was to add $920,000 -- $421,000 to the treasury as a result of that? MR. SUNDBERG: No. No. ~~OMMISSIONER GRIFh'IN: I mean, it goes in -- in an accounting sense, it goes -- it goes that we had excess revenues in that amount over expenditures. MR. SUNDBERG: Only compared to the budget. COMMISSIONER GRIFFIN: Compared to the 23 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 S budget, that's what I mean. MR. SUNDBERG: Right, that's correct. COMMISSIONER GRIFFIN: Okay. Very interesting. Special revenues were somewhat similar. MR. SUNDBERG: Pardon me? COMMISSIONER GRIFFIN: Special revenues are -- the special revenues -- MR. SUNDBERG: That's correct. COMMISSIONER GRIFFIN: -- are somewhat similar. MR. SUNDBERG: That's correct. COMMISSIONER GRIFFIN: The difference there was over a million dollars. MR. SUNDBERG: That's correct. COMMISSIONER GRIFFIN: Good. Thanks. MR. SUNDBERG: And all those -- I might mention, too, that all those special revenue funds are detailed out back on Pages 38 through 43, giving you the d~_tual for each -- for each particular special revenue fund. Any other questions? Okay. Let's move on to Page 15, which is ttie statement of revenues, expenditures, and changes in retained earnings for the proprietary fund, here indicating the total ievenues $1,613,000, total operating expenses of $1,959,000, for an operating income of $159,727. We had some nun-operating income and expenditures, being the 29 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 interest income and interest paid on mortgage, net effect of -- of $142,000 of expenses, leaving you with a net profit for the year of $17,973. With a beginning fund balance of $785,000, ending with a -- excuse me, retained earnings. Ending retained earnings of $803,OOn, as mentioned before. COMMISSIONER LETZ: Doug, question. MR. SUNDBERG: Mm-hmm? COMMISSIONER LETZ: Would it be possible to identify the proprietary fund as what it is? So it wouldn't -- I mean, it's -- I mean, you just told us that it's the Hi11 Country -- the Juvenile Detention Facility, but is there a reason we can't say that on here? MR. SUNDBERG: No. COMMISSIONER LETZ: It just would make it clearer, I think, to everyone. 'Cause I hear comments that we don't account for that, and we do, but it's just -- that way it would be easier for the public to -- MR. SUNDBERG: We just go this way -- this is what's recommended with governmental reporting, but we can put on there whatever you want on there. So -- so, we -- yeah, we can. COMMISSIONER LETZ: Thank you. MR. SUNDBERG: I'll make a note of that. Okay? On the next page, on Page 16, is the statement of cash flows for the Detention Facility, and you can kind of 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Gl 22 23 24 25 25 look down through what makes that up. The main -- the main item there is third from the bottom, which indicates a -- a decrease in cash of $117,000 for this last fiscal year, mainly because of the debt service payments that were made. COMMISSIONER LETZ: I have one more question on this facility. MK. SUNDBERG: Sure. COMMISSIONER LETZ: The amount that Kerr County paid -- or is there a transfer when we have the Kerr County youth in that facility? Do they show up in here as -- as revenue? MR. SUNDBERG: Right. COMMISSIONER LETZ: As do all other counties. MR.. SUNDBERG: That's right. COMMISSIONER LETZ: So, there is a line item that shows that transfer? MR. SUNDBERG: That's correct. COMMISSIONER LETZ: Okay. MR. SUNDBERG: That's correct, yeah. That comes in as revenue, just like payment from any other county. Okay. Next was -- let's turn to Page -- well, on the following pages there after Page 16, you go to Page 19, the notes to financial statements start. Just general information, mostly. If we turn to Page 25 on the bottom, on Note C, we start out with tt-ie general fixed assets, which 26 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 lE li lE 1~ 2( 2 2: Z L 2 I mentioned before, shows additions of general fixed assets for the year to the County of $936,764. Items deleted, through scrappiny ar whatever the case may be, of $119,569. On the top of the next page is the same information regarding fixed assets for the Juvenile Detention Facility. One difference here is that Juvenile Detention Facility being a proprietary fund, we record depreciation, which we don't in the County's books. As of now, anyway. So, this indicates $105,000 of depreciation expense for the year. We added $19,500 of fixed assets to that for this last fiscal year. Note D just below that is an analysis of the general long-term debt for Kerr County, indicating that there was $169,281 added to the debt this year, which came from capital leases, and 700 -- $707,057 of principal payments made during this last fiscal year. Sust below that is the debt service requirements, principal and interest for the succeeding five years and thereafter. And at the top of the next page, on Pagc 27, Note E is the long-term debt for the Juvenile Detention Facility, indicating $168,363, principal payments made during this last fiscal year. And just below that, again, is the debt service principal and interPSt requirements for the next five years and thereafter. Okay? The only other issue is back on Page 75, 27 1 2 3 4 5 5 7 8 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which is another report on -- on the compliance and internal controls of financial reporting that we are required to issue in accordance with government auditing standards. And, as you can read in there under "Compliance," our test disclosed no instances of noncompliance that we're required to report. And, likewise, under "Internal Control," there were no matters involving internal control that we felt needed to be reported under these situations. The only other ~hinq is, we did not issue a management letter this year. Main reason was, nothing to report. The one item that we Yiad last year, which was regarding the reconciliations of bank accounts and reporting after that, has been corrected. Everything else was in pretty good shape. There were some issues that we talked with Tommy and some of tl-ie other staff about, but nothing requiring a management letter at this point. COMMISSIONER BALDWIN: I was going to comment, I'm sure it's happened, but this is the first time I remember not having a management letter in here. MR. SUNDBERG: Could be. COMMISSIONER BALDWIN: That just -- I don't remember not seeing one. And I looked for it. Of course, this internal control over financial reporting, that's -- who wrote that? Lord, God. MR. SUNDBERG: It was probably some attorneys 28 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 involved. COMMISSIONER BALDWIN: I'm sure. MR. SUNDBERG: Excuse me, David. JUDGE HENNEKE: Does anyone have any questions or comments of Mr. Sundberg regarding the audit? COMMISSIONER LETZ: Question. If we can go back to Page 26? MR. SUNDBERG: Sure. COMMISSIONER LETZ: Long-term debt. MR. SUNDBERG: Mm-hmm. COMMISSIONER LETZ: So, to make sure I'm reading this right, the -- 2012 is when the jail debt is retired? Which is -- it's that date? MR. SUNDBERG: 2012. COMMISSIONER LETG: Up from the bottom, it says, "The above long-term debt matures through 2012." I presume the longest debt we have is the jail; goes through 2012? MR. SUNDBERG: That's correct. COMMISSIONER LETZ: And then the tax anticipation note on the building construction or renovation next door is retired in 2005. MR. SUNDBERG: That's correct. COMMISSIONER GRIFFIN: I see that big drop in 2onh. 29 .^- 1 3 9 J 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. SUNDBERG: Right. COMMISSIONER LETZ: So, those are kind of the big dates. 'i'he other portion of that is the capital leases that are kind of going through -- MR. SUNDBERG: Right. COMMISSIONER LETZ: -- I guess the radio tower, and also COMMISSIONER WILLIAMS: Radio tower will show up in the next one. COMMISSIONER LETZ: That's right, it will show up in ciext year's. Okay, thank you. MR. SUNDBERG: Anythinq else? JUDGE HENNEKE: Any other questions or comments? COMMISSIONER BALDWIN: Excellent. JUDGE HENNEKE: So, this -- this is what I'm used to hearing is a clean audit. Would you say that? MR. SUNDBERG: That's correct, yeah. As the letter has indicated at the beginning, it's presented fairly with basically a clean opinion. JUDGE HENNEKE: And I take it, from the absence of a management letter, that in your review of the audit and the financial controls and the accounting, that you found nothing which would require you, under your standards, to bring it to the attention of ourselves, as the 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 30 board of -- MR. SUNDBERG: That's correct. JUDGE HENNEKE: -- the organization? MR. SUNDBERG: That's correct. JUDGE HENNEKE: So we don't have any Enron prob]em lurking out there, do we? MR. SUNDBERG: Not that we're aware of, no. JUDGE HENNEKE: And you were given full access to all the records and -- MR. SUNDBERG: Yes. JUDGE HENNEKE: -- the documents that you requested and needed? MR. SUNDBERG: Anything we asked for was provided to us. JUDGE HENNEKE: I want to make sure -- wanted to make sure that everyone understands that this is an open process. MR. SUNDBERG: Right. Right. Yeah, we don`t -- of course, dou'L check every transaction, but on a random selection and so forth, we -- JUDGE HENNEKE: Okay. COMMISSIONER GRIFFIN: Well, I'd make a motion that we accept the report as submitted. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner 31 r 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 Griffin, second by Commissioner Williams, that the Court accept the audit of the County records for the year ending September 3U, Year 2001, as presented by our outside independent auditors, Pressler, Thompson and Company. Any other comments or questions? If not -- COMMISSIONER GRIFFIN: Question -- a question and a comment. Will there be copies of this on file in the Clerk's office, or will -- Tomrny, as of today? MR. TOMLINSON: Yes, we -- we have -- they'll be on file there, and we have copies in our office. COMMISSIONER GRIFFIN: In case anybody wants to go through it and get all the facts. MR. 'POMLINSON: We have some unbound copies that -- that we can make on call, so -- JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Gpposed, same sign. (NO response.) JUDGE HENNEKE: Motion carried. Thank you, Doug. We appreciate you coming. Next item, Item Number 3, consider variance from subdivision platting on Lots 8, 9, and 10 of Spyglass Hill, Volume 5, Precinct 1. Commissioner Baldcain. COMMISSIONER BALDWIN: Thank you, sir. 32 1 2 3 9 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 Mr. Johnston? MR. JOHNSTON: Good morning. I think you have a ]ittle plat that kind of shows this area. It's three lets, 8, 9, and 10, in a platted subdivision in the county and in the ETJ. There is a residence located on Lot Number 8, which crosses a lot line on Number 9, and somewhat encroaches in the building setback as shown on the plat. Lots 8, 9, and 10 are about a half acre each; they total 1.55 acres total, from three. Because of this lot encroachment, the owner wants to -- he's asking for a variance, but I'm recommending the plat be revised to combine Lots 8, 9, and 10 into two lots, to -- since it is in a platted subdivision. I think it should be reviewed by -- also by U. G.R.A. COMMISSIONER GRIFFIN: Our Designated Representative? MR. JOHNSTON: Pardon? COMMISSIONER GRIFFIN: By our Designated Representative? MR. JOHNSTON: Yes. Because of the terrain, there's a lot of setback, about -- I think it's 25 feet. If you look at the photos, it's fairly flat about that far back from the curb, acid then it just drops off, and looks like on the contour maps about 20, 30 feet. So, I think such a small lot, they might need to verify that there's adequate 33 r .~ 1 2 3 4 5 6 7 8 5 10 11 12 13 19 I J 15 17 18 19 20 21 22 23 29 25 terrain for a septic system or what type of system to use. COMMISSIONER WILLIAMS: Where is the house located? On 8? The dwelling is located on Lot Number 8 and part of 9? MR. JOHNSTON: Yes. COMMISSIONER WILLIAMS: Okay. MR. JOHNSTON: I think the owner may be here and want to address the Court. Then again, maybe not. COMMISSIONER BALDWIN: Franklin, let's just be real clear about -- they're asking for a variance from the subdivision regs. MR. JOHNSTON: They were asking -- COMMISSIONER BALDWIN: A variance from what part? MR. JOHNSTON: From platting. From plat revision. CUMMISSIONER BALDWIN: Okay. MR. JOHNSTON: I'm recommending that we do a plat revision because of the terrain and because of the small lot size, to have it reviewed. COMMISSIONER BALDWIN: The owner -- the person that's requesting this is not in this room? MR. JOHNSTON: Mr. Ingles? No. COMMISSIONER BALDWIN: Should we just go on to Number 9? Why sit here and do this? 34 r- 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 76 17 18 19 20 21 22 ~3 29 25 MR. JOHNSTON: Well, he's asking for a variance. You can either grant it or turn it down. COMMISSIONER LETZ: To me, it should be a revision oP plat. COMMISSIONER BALDWIN: Let's go to Number 4. I mean, I don't see anything for to us do. We can sit here and visit if y'all want to. That's all it will be. JUDGE HENNEKE: Do you want to go on the record and as denying the request for a variance? COMMISSIONER GRIFFIN: For lack of a motion. JUDGE HENNEKE: Okay. All right. For lack of a motion, the request for variance from subdivision platting on Lots 8, 9, and 10 is denied, subject to being resubmitted as a recommendation of the County Engineer that, rather tha~i a variance, that the owners of those lots consider revisiting the subdivision plat to consolidate lots for purposes uL creating a viable building location. Thank you. Number 4, consider request for variance from subdivision platting to move a lot line on Lots 9 and 10 of The Horizon Subdivision, also in Precinct 1. Commissioner Baldwin. COMMISSIONER BALDWIN: Mr. Johnston. MR. JOHNSTON: This is a little different. The lots are larger, almost 4 acres each, and apparently results from a mistake during the surveying process, or 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 during the platting. They drew a line from the wrong point on that dividing Lots 9 and 10. And there's about a quarter acre loss to Lot 10, and apparently Lot 9 was aware of it, and this is to correct the mistake. The law used to have a provision to do this without going through the platting process, but I think the new statutes don't, but perhaps we can use that modified version that we did in the past so they can do it on a one-time basis to do a correction -- to do a revision to correct the plat. COMMISSIONER LETZ: I don't have any problem with that. I think it needs to be platted. Just something -- they need to do the final plat, and it can be handled at one time. I think we've offered that option -- MR. JOHNSTON: Before. COMMISSIUNER LETZ: -- earlier this year, in light of the intent of the Court to modify that provision, which I tYrirrk will be on the agenda next time, or in several weeks, to modify the Subdivision Rules. But it still requires platting. I mean, it will be -- a full plat will need to be prepared. Just a matter of handling -- or it could be handled at one court meeting. MR. JOHNSTON: Mm-hmm. JrJDGE HENNEKE: So, we're -- d0 we need to have a formal action on that? Or -- COMMISSIONER LETZ: I would think that we .~ 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 36 would, because at the next meeting I think we'll have the proposed new language before the Court. It'11 take a public hearing to get it changed, so we're talking about the end of April before we have the new Subdivision Rules in place, at the earliest, And so I think what the -- you know, i'll make a motion to grant a variance here to allow the Court to consider preliminary and final plat at the same time. Commissioner Baldwin doesn't have any problem with that. COMMISSIONER BALDWIN: I have none. I don't have any problem with doing it all today. JUDGE HENNEKE: Is that a second? COMMISSIONER BALDWIN: Yes, that was a second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court grant a variance from Subdivision Regulations to permit final consideration of the revised plat of Lots 8, 9, and 10 of Horizon Subdivision at one meeting. 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: Okay. The next item is very similar to those two. It's in the alternative. It's to either set a public hearing date for the revision of plat 37 1 L 3 4 5 E 7 8 9 10 11 12 13 14 15 lti 17 18 19 20 21 22 23 24 25 for Creekwood V, or consider and discuss final approval of final revision of plat for Creekwood V if no public hearing is required. COMMISSIONER WILLIAMS: Mr. Johnston. MR. JOHNSTON: When we did the preliminary plat on this, I think we asked the question whether or not it needed a public hearing, because Creekwood V is owned -- the entire subdivision is owned by one owner, and I think the comment was made it did not require a public hearing. But, subsequently, I think it came up, it might require one. So -- COMMISSIONER LETZ: My recollection is at our last meeting we had a long discussion on this one. Isn't this the one where the access is coming through the other subdivision? COMMISSIONER WILLIAMS: We had a long discussion, but I don't think it -- MR. JOHNSTON: Well, those two are combined. This one has access through Creekwood only. COMMISSIONER LETZ: This is different? MR. JOHNSTON: This is just dividing that one into two parts. It's, what, a hundred -- several hundred acres? MR. VOELKEL: If I could make a comment, that plat really precedes the plat you're referring to where we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 38 had all the comments, the replat of Twin Springs. This is kind of a formality to make it legal, where we were replatting as Creekwood V a large lot into two lots, and then we're going to take Lot 1B, as you see there, and put that into the Twin Springs, which is the plat that you referred to with all the discussion. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: The question is, do we have to set a public hearing, or can we take action on this revision of -- final revision of plat? I really don't see the necessity of having a public hearing, when all the whole subdivision is owned by one person. MR. JOHNSTON: Only one available to comment would be one person only. MR. VOELKEL: Can I make another comment? COMMISSIONER LETZ: Any way to do that legally? MR. JOHNSTON: None. MR. VOELKEL: Just Tor the Court's information, this again is an ETJ plat. We have been to the City on two meetings; a preliminary, which they held a public hearing for, and then a final plat. And we had the preliminary plat on this back in December at Commissioners Court, just to kind of update you on where we've been with this plat. 39 ~'^ 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2_` MR. JOHNSTON: The City has had a public hearing? MR. VOELKEL: That's correct, and they've approved the final plat. COMMISSIONER WILLIAMS: Did you say the City conducted a public hearing on it? MR. VOELKEL: Yes, sir. COMMISSIONER GRIFFIN: My question is, what does the Transportation Code say? Do we have to have -- I think that's the same question you're asking, Jonathan, is that -- do we legally have to have a public hearing, or is it at our discretion? COMMISSIONER BALDWIN: Well, the reason for a public hearing and all this notification is to let everybody know what's going on. COMMISSIONER GRIFFIN: Right. COMMISSIONER BALDWIN: And one guy owns the whole thing. I don't get it. COMMISSIONER WILLIAMS: I don't either. COMMISSIONER GRIFFIN: Doesn't make sense, but -- COMMISSIONER BALDWIN: Well, of course, you know, you're dealing with Austin now, but I just -- I can'L, in my mind, see why we'd have to jump through a bunch of hoops, having public hearings and notifications and all 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 that. MR. JOHNSTON: See, the only people able to comment in a public hearing is if it affects their property rights, correct? No one will have a property right except the owner of that subdivision. COMMISSIONER WILLIAMS: There's no invasion of property rights; it's the same owner, right? COMMISSIONER BALDWIN: But if we're going to sit here and debate, we've got to get a lawyer in here, get to the bottom of it. We can sit here and talk all day. COMMISSIONER GRIFFIN: Could we -- could we perhaps approve it contingent on a ruling from the County Attorney that it's okay to do so? COMMISSIONER WILLIAMS: Well -- JUDGE HENNEKE: Seems to me like it's nit a lot different than the first two we just did. COMMISSIONER LETZ: I don't think it needs one. COMMISSIONER GRIFFIN: Good enough for me, if Jonathan says so. COMMISSIONER WILLIAMS: I don't know who's going to show up at a public hearing except the owner. COMMISSIONER LETZ: So, you're telling me that none of the subdivision has been sold to nondeveloper owners? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 41 MR. JOHNSTON: Creekwood V is owned by one person, 300-something acres. COMMISSIONER LETZ: Then, from my quick reading of the law, it does not require a public hearing. MR. JOHNSTON: 'Cause it's a developer/owner? COMMISSIONER LETZ: Yeah, it's a developer/owner. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: I would move that -- I would move that we give final plat revision approval for Creekwood V. JUDGE HENNEKE: That was a second by Commissioner Baldwin, I believe. COMMISSIONER BALDWIN: Yes, sir. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve the final revision of plat for Creekwood V located in Precinct 2. Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JDDGE HENNEKE: All opposed, same sign. (No response.) JDDGE HENNEKE: Motion carries. We have some time before our scheduled public hearings. Let's do Item Number 11 if we can, gentlemen. Consider and approve road 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 92 name changes for privately maintained roads in all precincts in accordance with 911 guidelines. Truby, are you going to handle this one? At least anything that needs handling? MS. HARDIN: We have six road name changes, all privately maintained roads. Does anyone have any questions? COMMISSIONER LETZ: Move we adopt the road name changes as presented. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court approve the road name changes for privately maintained roads in accordance with the 911 guidelines as presented. Just for the record, let me read them off. Existing road name in Precinct 3 of Riven Rock Lane would be changed to Old Goat Lane East. Existing name of 3005 in Precinct 4 would be changed to Arunachala Place Northwest. Existing name of 3000 in Precinct 4 would be changed to LeDox, L-e-D-o-x, Lane East. Existing name of Bowie North in Precinct 1 would be changed to View Point -- two words -- North. Existing name of James Dustin Road West in Precinct 4 would be changed to Dybowski Road West. And existing name of 114 -- 1114 -- 1144 -- it's only four numbers; I mean, how many times can I get it wrong? -- 1144 in Precinct 2 would be changed to Hahne Road East. We have a motion and second. ,,., 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 z1 22 23 24 25 93 Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's also do Number 12, consider and discuss authorizing 911 to finalize duplicate road names and submit names to U.S. Postal Service. Commissioner Letz. COMMISSIONER LETZ: Yes. About, I guess, six weeks ago, 911 gave us a list of all of the roads that they still showed as duplicates. I think this just about takes care of all of them. There might be one or two, but at some point I think we need to draw the line and tell the Post Office that, you know, we're done and we -- to get these changed out of sequence, as they've agreed to do. And then any others, we'll just -- and there's going to be more, we know, when we start, you know, going through each area. We'll do those as we get to them, as each area is finalized. But I think we just need to get it done, so I make a motion that we authorize 911 to finalize duplicates road names and to submit names to U.S. Postal Service. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court authorize 911 94 1 2 3 4 5 5 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to finalize duplicate road names and submit same names to U.S. Postal Service for readdressing. 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: Okay. We may have time to take up the Sheriff's item here. Item Number 13, consider and discuss authorizing Kerr County Sheriff's Department to apply to the Peterson Foundation for grant to purchase a 1'ouchYrint 2000 Live Scan system. Sheriff Hierholzer. SHERIFF HIERHOLZER: There's a place in there you'll have to sign. What this is, Judge, is trying to consolidate, keep us from having to do ink-rolled fingerprints and things like that. We discussed a lot of this type of stuff back during the technology meeting. It will -- if we're able to acquire this grant, it will allow us to purchase the A.F.I.S. Live Scan machine and that for the jail, which is where inmates coming in will be fingerprinted by computer on a Live Scan. The prints will be automatically transferred to D.P.S. and FBI through computer, instead of having to mail them and everything. It also will do an A.F.I.S., which is -- or hook us into A. F.I.S., which is any unsolved crimes that we have where we have unknown prints and we don't have anybody to compare 45 1 ,~ 2 3 4 5 E 7 8 9 10 11 1L ~ 13 14 15 16 17 18 19 2n 21 22 23 29 ..-~ 25 them to, you can submit them through this machine and it 'cause we get more and more of it, people coming in, giving false identities and that, and not finding out about it immediately, same as we would do the other things once on this, and will come back with a confirmation on who that person is. It will give us the opportunity to solve a lot more crime, identify a lot more people, keep people from giving false identities and getting away with it for months. And in inked fingerprint deals, what normally happens is you have -- jailers have to take their fingerprints and everything on a card. Those prints are then mailed in to D.P.S., and if those prints aren't exactly correct, they get rejected, because D.P.S. does it by computer. When they get rejected, they get sent back to you. When they get sent back, half the time the people are already out of jail, so you have no way of retaking their prints. And, consequently, you end up with a lot of crimes that do not go on their criminal records, because D.P.S. puts them all on by prints. So, we're asking to apply for this grant, which covers the cost of that, which is in the pacY,et. COMMISSIONER GRIFFIN: The grant would cover f 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 1/ 18 ly 20 21 ~~ L ~ 23 24 25 46 all the costs? SHERIFF HIERHOLZER: Yes. COMMISSIONER LETZ: I -- I have a general, I guess, comment. I think it's a great system, and I'm in favor of the County, you know, pursuing getting that, the equipment that Rusty's requesting. I have two concerns -- or comments. One is that it's a local foundation, Hal and Charlie Peterson Foundation, and they've been very good to the County and to a lot of other entities. And my concern comes with -- with the Court not taking a -- I don't know, looking at all possible requests aY_ one time. I think it's a -- you know, I have not talked to any of the trustees or to Mr. Mosty about it, but my gut feeling is that we don't want to go to that foundation just on a real regular basis. And we haven't so far. But I also see that, by allowing the Sheriff to go, we're basically -- and we've done this in the past, but opening the door for every other department to go to that foundation for funding items that are not funded in the budget. And this one hasn't been asked for in the budget, I don't believe, up to now. And I'm just -- I want to make sure we don't abuse the relationship with the Peterson Foundation. That's my only comment. I mean, I think this is certainly a worthwhile one to go for, but it's also one that the County hasn't looked at to fund itself. Through the budget, anyway. I don't think we -- it was in 1 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 47 last year's budget. SHERIFF HIERHOLZER: I think it was talked about, but it wasn't ever gotten down to really considering it because of the expense of it. It is expensive. COMMISSIONER LETZ: Right. SHERIFF HIERHOLZER: The only -- and I understand your concerns. This would be the second grant since I've been in office that we asked for from Hal Peterson Foundation. And they did -- did award -- award us the first one, which was video cameras in the cars, which is -- was also a great expense. The only way I know of -- there's not very many grants out there that I have been able to find yet, and this is something that has been talked about with the Court on numerous occasions, that do not require a match of -- a funding match of some sort. And hopefully in this coming budget, that will be something that I'll talk about strongly to the Court and see if there's any way the County can put back some money somewhere in some special fund for being able to match grant applications, 'cause the grants are out there. And -- and I think, at least in our department, probably county-wide, I think we can make great strides in getting up to date using grants, but we don't have the matching fund capability at this time, even if it's a 25 percent match. COMMISSIONER GRIF'F'IN: 1 think one of the 48 1 ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 ly 20 21 22 23 24 25 things that maybe alleviates some of your concerns, Jonathan, would be that most foundations, Peterson Foundation notwithstanding, is -- are very, very careful in evaluating grant requests on a case-by-case basis. So, even if you gave them a whole bunch at once, every individual grant has to stand on its own. It's just the way they operate, and so I don't think there's any particular problem going for this one, as opposed to holding it back, for example, for something that we might think is more advantageous to the County to go for. So, I think that the request process sort of takes care oT that. And most foundations are very critical, and the individual requests have to stand on their own anyway. COMMISSIONER LETZ: I agree with that, but I also -- from working with the Peterson Foundation, their generosity with a lot of other grants in the community, they have a tendency to not want to fund the same entity over and over again on an annual basis. I mean, they look at, you know, every year. Every couple of years is acceptable, and they're very glad to do it. And you're right, they will certainly look at this under their own board and they'll make their decision, regardless of what -- what this Court decides to submit or not submit. COMMISSIONER GRIFFIN: The point is, we make it known now, and that's -- 1 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 49 COMMISSIONER LETZ: But it's just -- you know, it's -- I'm not going to say we shouldn't do this one, but I think that at some point -- and I'll certainly do this personally, because I know a lot of those individuals very problem with the way the County's doing it right now by kind of submitting one by department, and not submitting them really -- you know, kind of looking at them and -- I don't know what other option we have, necessarily, in that we haven't gone to the Peterson Foundation for very many grants in the past. And I think law enforcement is certainly a good one; I think this is a good system, but I just think we need to be very careful that we don't abuse this privilege that we have with a generous foundation in this community. SHHRlr'r' HIERHOL'GER: I agree with you lUU percent on that part. But my other philosophy is, we won't get what we don't apply for. And if we don't at least try to get grants to help fund some of this stuff that we really do need -- I mean, they may say no, you know, but 1 feel we need to apply for the ones that I can apply for. I can't apply for ones that have matching funds at this time, but I do think -- and this is the -- I've been in office since April of 2000; it's the second time that we have gone to the Peterson Foundation. And during the first time that we went to them, they expressed gratitude that the -- that we -- or 1 .-. 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 the County or Sheriff's Office, at least, did come to them COMMISSIONER LETZ: And generally they're very glad to do it. I just don't want to get into a position where, all of a sudden, the District Clerk and County Attorney are all coming to us for grant requests to Peterson Foundation, and -- because I'm not going to be very inclined to give more than one a year, a request, unless there's a very, very good reason or I have, you know, talked to some of the board members over there. Because I think that -- I just don't want to abuse that foundation. And I don't know -- 1 don't think they will allow us to abuse them, but at the same time, I just don't want to get kind of a bad relationship working with that group. COMMISSIONER WILLIAMS: I think I agree with the Sheriff, and the last comment I think is really sort of key to it. They're not going to allow us or anyone else to abuse it. If you looked at the printed reports that they had in the paper here recently, it shows the diversification of their funding, and they -- they spread their money around, and very well, so I'm supportive of it. COMMISSIONER BALDWIN: My question is, Sheriff, is there a -- is there -- my first glance at this, there is actually some equipment that has to be maintained. 51 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 SHERIFF HIERHOLZER: Yes. COMMISSIONER BALDWIN: Is there a maintenance contract involved in this, and how do we pay for this? SHERIFF HIERHOLZER: Ontil we actually know where to get it and purchase the equipment, that I really don't know, Commissioner. On what the actual maintenance is, it would be more of a repair-type deal on that equipment if it broke down. I don't know. There's not a lot of equipment other than the Live Scan machine itself, the computer that -- that does accept those prints and transmit them to Austin. Now, this -- this is something -- I know of several agencies that have it, and my biggest deal on this equipment is, I feel it's something that, especially nowadays, with a lot of the frauds that are going up and the false identities and unsolved crimes, where you can solve a lot by use of fingerprints if you have a database to compare those prints to. You have to -- the only way we solve them by prints right now is either having a known suspect in them, where we can compare his to that print, or you just -- you have to be able to have somebody to compare it to. This way the machine, and through Austin and through A.F.I.S., compares to it everybody, kicks out the certain ones and they do it. We have used Austin's A.F.I.S. system where they drive the prints up there, you know, themselves and get them to submit them through A.F.I.S. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But one of the real keys is, I've seen more and more over the last several years people coming in and giving false identities, or now that D.P.S. has gone to a computerized fingerprint system, the more and more prints that you actually take from a suspect or from a convicted person getting rejected is a lot higher. And then those don't go on that person's criminal history, which can aTfect future crimes that he does, on sentencing and things like that. It's something that I think every agency in the state ought to have -- or in the nation ought to have, to be able to electronically submit these. I had our Jail Administrator and our training officer up at Denton County last week, and they looked at theirs. They have the A.F.I.S. machine also, and the Live Scan machine. COMMISSIONER LETZ: Rusty, I think -- go ahead. COMMISSIONER BALDWIN: Well, my -- just a simple question. So it goes -- it checks the system that D.P.S. has? SHERIFF HIERHOLZER: Yes. COMMISSIONER BALllW1N: And it checks the system that -- with the FBI. Now, does FBI -- does that -- is that the N.C.I.S. or -- SHERIFF HIERHOLZER: Well, not N.C.I.C.; that's on other things. `Phe FBI have a fingerprint database 53 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of everybody that was ever arrested in the United States for any offenses. Because when we take black and white or inked prints, we send a copy to D.P.S. Austin -- we send two copies, and then they send one on to the FBI so it goes in the main United States database. Okay? D.P.S. Austin has their own print database; they're on A.F.I.S. system. And then the F.B.I. have the major ones for all of the United States, where you do the comparisons, and that's what it does. COMMISSIONER BALDWIN: So, you're going to catch the bad guy here one way or another -- SHERIFF HIERHOLZER: Right. COMMISSIONER BALDWIN: -- in this thing. SHERIFF HIERHOLZER: If he left prints behind, we're going to catch him. If his prints are on file, we're going to get his true identity. If -- if he's committed a crime and -- and you're just trying to qet them onto his criminal record, you're going to be assured of getting them on his criminal record. 'Cause you can see the print, and it ar_tually goes by the guidelines and everything before it's ever transmitted, to know it's accepted at that time, and not wait to get a rejection. COMMISSIONER LETZ: One last question for you, Rusty. SHERIFF HIERHOLZER: Sure. 54 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: The Judge assumes it's going to be a quick one. Going back to Commissioner Baldwin's first question about maintenance and ongoing ~ costs, I think it's unrealistic to think that we're not going to have ongoing costs related to upkeep of this equipment. I mean, every computer we have has pretty high maintenance costs, so -- you know, and I think you'll probably get this approved, and assuming that the Peterson Foundation approves it, you're going to have to find in your current budget, without an amendment, i_o get any kind of repair done to this equipment. I mean, that's kind of one of the -- you know, the concerns, but I just want you to be aware that just because -- in my opinion, anyway -- I vote for this doesn't mean that we're gong to give you a budget amendment to find -- you're going to have to cut somewheze else to get the repair and the maintenance costs, at least in this year's budget. SHERIFF HIERHOLZER: I agree. COMMISSIUNER LETZ: I make a motion we approve the grant request as submitted. COMM1551UNER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Cuurt authorize the Kerr County Sheriff's Department to apply to the Hal and Charlie Peterson Foundation for a yrant to purchase the 55 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 TouchPrint 2000 Live Scan system, and authorize County Judge to sign same. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. SHERIFF HIERHOLZER: Thank you. JODGE HENNEKE: At this time, we have scheduled for consideration -- actually at 9 o'clock -- a public hearing -- COMMISSIONER GRIFFIN: 10 o'clock. JUDGE HENNEKE: 10 o'clock, thank you. I'm having trouble with numbers today. Public hearing concerning the cancellation of Vista Ridge Estates, which is in Precinct 2. At this time, we will recess the Kerr County Commissioners Court meeting and open Lhe public hearing. (The regular Commissioners Court meeting was closed at 10:09 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE HENNEKE: Is there any member of the public who would like to address the Court on the issue of cancellation of Vista Ridge Estates? (No response.) JUDGE HENNEKE: Once again, is there any 56 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 member of the public who would like to address the Court on the issue of cancellation of Vista Ridge Estates? Third time's the charm. Is there any member of the public who would like to address the Court during this public hearing on the issue of the cancellation of Vista Ridge Estates in Precinct 2, Kerr County? Seeing none, I will declare the public hearing closed, and reconvene the meeting of the Kerr County Commissioners Court. (The public hearing was concluded at 10:10 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: The next item for consideration is Item Number 7, consider the cancellation of Vista Ridge Estates in Precinct ~. Commissioner Williams. COMMISSIONER WILLIAMS: Mr. Johnston, is there anything new that we need to know from the last time we put this under advisement? (Mr. Johnston shook his head negatively.) COMMISSIONER WILLIAMS: Okay. I would move that we approve the cancellation of Vista Ridge Estates, which is contained in Volume 7, Page 14, located in Precinct 2. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court 57 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 cancel the Vista Ridge Estates Subdivision, as found in Volume 7, Page 14, located in Precinct 2, Kerr County, Texas. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Also scheduled for 10 o'clock is the opening of sealed bids on the following items for the Road and Bridge Department: base for Sheppard Rees, lease on 924 loader, and the annual bids on base material, cold mix, back base, paving aggregate, asphalt emulsion oil, and corrugated metal pipe. Do we have the bids there? (Discussion off the record.) JUDGE HENNEKE: We're going to take a 15-minute break and return promptly at 10:30, and we'll announce the bids, and then we'll go directly into the public hearing on the vacation of Moore Road, and then proceed with the agenda. So, rather than have y'all sit here and wait while I open bids, we'll take a 15-minute break. (Recess taken from 10:15 a.m. to 10:30 a.m.) JUDGE HENNEKE: Okay. Let's reconvene this 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s meeting of the Kerr County Commissioners Court. The next item for consideration is Item Number 9, which is a public hearing concerning abandoning, discontinuing, and vacating Moore Lake Road in Precinct 4. So, we will recess this Kerr County Commissioners Court meeting and open a public hearing. (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 JUDGE HENNEKE: Is there any member of the public who would like to address the Court on the issue of abandoning, discontinuing, and vacating Moore Lake Road in Precinct 4? (No response.) JUDGE HENNEKE: Is there any member of the public who would like to address the Court on the topic of abandoning, vacating, and discontinuing Moore Lake Road located in Precinct 4? COMM1551UNER BALDWIN: Am I a member of the public, or am I a member of the Court? I've got a question. JUDGE HENNEKE: You're a member of the Court. Take it up when we take up the item. CUMMISSIUNER BALDWIN: Oh, yeah. JUDGE HENNEKE: Is there any member of the "public" public who would like to address the Court on Lhe 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~5 issue of abandoning, vacating, and discontinuing Moore Lake Road in Precinct 4? Seeing none, I'll declare the public hearing r_losed and reconvene the Kerr County Commissioners Court meeting. (The public hearing was concluded at 10:32 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: The next item for discussion is Item Number 10, which is for the Court to consider and discuss abandoning, discontinuing, and vacating Moore Lake Road in Precinct 4. Commissioner Griffin"? COMMISSIONER GRIFFIN: Well, I'll defer to my colleague at the other end of the table, get his question first. COMMISSIONER BALllWIN: Well, thank you, Commissioner Griffin. I'd like to ask this question first as a taxpayer of Kerr County, and secondly as a member of this distinguished Court. I'd like to know exactly the length of that road. Where -- is it -- does it end in tYie middle of that creek? In the middle of the dam? Or, you know, if we -- I think we need to have some kind of little description in there when we -- when we do this, of the -- and I know that there's a length. It's been measured 9, 10 million times. MR. JACKSON: May I approach? The -- we've 60 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z~ 24 25 submitted a form of an order, but let me start over here and then I'll come over there. But this is Fisher Road, and the surveyor has described from this point to this point and all the way up. This is the entire road as it now exists by document, signed back when the Eastlands and the Moores did this, and you're -- you're abandoning the entire plat. COMMISSIONER BALDWIN: I see. MR. JACKSON: So, the length, while I can sit here and sort of eyeball it, it's several thousand feet. COMMISSIONER BALDWIN: So, it's not just -- it seemed like to me that we maintained just to the middle of the creek somewhere, but -- MR. JACKSON: what you've been historically doing is maintaining all the way up to the entrance, but when there was a washout, you've only maintained to the ~ washout. The -- and the washout occurred in '98 -- COMMISSIONER GRIFFIN: '98. MR. JACKSON: -- I believe, yes. COMMISSIONER GRIFFIN: And it is a washout. MR. JACKSON: Yeah. It's -- COMMISSIONER GRIFFIN: It's Grand Canyon. We're talking -- MR. JACKSON: Let me slide over here. COMMISSIONER BALDWIN: And you're abandoning the whole thing? I mean, that's -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 61 COMMISSIONER WILLIAMS: Washout and all. COMMISSIONER GRIFFIN: Because all of the -- both landowners that -- this is a little bit like the subdivision thing we talked about. Everybody says this is what they want to do, so -- MR. JACKSON: And the reason it's in segments was because there were different deeds from different owners and families at different times, and the survey is just trying to identify that. COMMISSIONER BALDWIN: Was this a -- was this established by Mr. Moore when he was a County Commissioner out there? MR. JACKSON: I don't know. COMMISSIONER BALDWIN: Well, I guess the real question is, established by Camp Mystic and the Moores, and seems like there was another partner in all that. MR. JACKSON: No, it's just the two families. COMMISSIONER BALDWIN: Just those two? MR. JACKSON: Actually, it was Agnes Stacy. COMMISSIONER BALDWIN: Right. MR. JACKSON: But, 1 mean, that's all -- it was a compromise to eliminate public access to the Moore property through Camp Mystic. COMMISSIONER BALDWIN: Yeah, mm-hmm. Cool. JODGE HENNEKE: Any other questions or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 62 comments? COMMISSIONER GRIFFIN: I'll make a motion that the Court abandon, discontinue, and vacate Moore Lake Road in Precinct 4. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court abandon, discontinue, and vacate Moore Lake Road in Precinct 4. I'll remind everyone, this takes a unanimous vote. Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed? (No response.) JUDGE HENNEKE: Let the record reflect that the motion was adopted unanimously. Okay. The next item which we'll take up is to open the -- the bids which were received on the various items for Road and Bridge Department. And, in the interest of time, I'm going to move through these rather quickly. We tried to organize them in hopefully some rational fashion here. That remains to be seen. We'll start off with what I believe are the bids for the wheel loader, and we have a bid from Holt representing Caterpillar. (Discussion off the record.) 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 63 JUDGE HENNEKE: We also have a bid from Anderson Machinery in San Antonio. On the request for base material for Sheppard Rees, we have a bid from Clint G. Reeves, 783 Johnson Drive in Kerrville. We have a bid from Lucky 3 Materials in Center Point. We have a bid from James D. Reeh, R-e-e-h, in Comfort, representing the Reeh-Schneider Quarry. We have a bid from Bedrock Materials Limited in Center Point, and we have a bid from Wheatcraft, Inc., Kerrville. On the asphalt emulsion oil, we have a bid from Koch Materials out of Austin, K-o-c-h. We also have a bid from Ergon Asphalt and Emulsions, Inc., also from Austin. We have a bid from G.S. -- G.S.A.C., Gulf States Asphalt Company, from south Houston. Again, this is on the asphalt emulsion oils. Okay. We have another bid for the one-wheel loader, and it's from Waukesha-Pearce Industries, Inc., from San Antonio. For corrugated metal pipe, we have a bid from Walters Building & Supply out of Fredericksburg, and we also have a bid from Wilson Culverts, Inc., from Elkhart, Texas. On the hourly equipment, we have a bid from Edmund Jenschke in Kerrville. We have a bid for Schwarz Construction Company in Kerrville. We have a bid from Bobby Jenschke, Jr., in Kerrville, and we have a bid from M.P.H. -- M.P.B., excuse me. M.P.B. in Kerrville. In the category of base materials, we have a bid from Lucky 3 Materials in Center Point. We have a bid 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2J from Clint G. Reeves in Kerrville. We have a bid from Rountree Materials, also in Kerrville. We have a bid from Drymala Sand and Gravel out of Comfort. We have a bid from Bedrock Materials Limited, which also has a bid for the hot mix, cold laid asphalt. We have a bid from Reeh-Schneider Quarry in Comfort. We have a bid from Sand Mill, Inc., under the paving aggregates category. We have a bid from Wheatcraft, Inc., again for paving aggregates. We have a bid from Vulcan Construction Materials, L.Y., in San Antonio. This is for hot mix, cold laid asphalt, as well as a bid Tor paving aggregates. We have a bid for hot mix, cold laid asphalt submitted by Smyth Mines, L.L.P., out of Uvalde, and we also have a bid from the same company for paving aggregates. Then we have a bid from Tiger Asphalt Sales, Helotes, Texas. This is a bid for emulsion oils. That's it. COMMISSIGNER BALDWIN: It's a good group. JUDGE HENNEKE: This is by far the most response we've had -- ever had in one of our bid packages. That's great. The Road and Bridge Department informed me duLirrg our bleak Lt-rat they would be prepared to make a recommendation at our next meeting on the 25th. So, at this time, I believe we need a motion to accept all of tkre }aids and refer them to Road and Bridge Department for recommendation. 1 2 3 4 5 5 7 8 9 10 11 l~ 13 14 15 16 1 "/ 18 ly 20 21 22 23 24 25 65 MR. JOHNSTON: I had a question. Don't we actually need to read out all the bid numbers in public? That's the way we advertise -- I advertised it. It said bids will be opened publicly, read aloud. "Bids," not the bidders. Some of them, I think maybe the audience want to know how they rank. DODGE HENNEKE: Well, if that's how we advertised it, that's how we'll do it, but we're going to defer this, then, until we get through some other business. But, okay. We'll read back through them after we get down the road some. COMMISSIONER LETZ: Should we give them to Truby to let her put a spreadsheet together, and then we can just read off the spreadsheet? DODGE HENNEKE: She won't have a spreadsheet ready today. MS. HARDIN: I can just go back down there and write them down for you if you want me to. DODGE HENNEKE: I don't think we should do that. If we're going to read the numbers aloud, we need to get it from here before they pass our hands. COMMISSIONER LETZ: Okay. DODGE HENNEKE: Okay. Next item for consideration is Item Number 15, consider and discuss agreement between Kerr County and Hill Country Junior 66 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 District Livestock Show Association. Commissioner Letz. COMMISSIONER LETZ: Believe it or not, we're getting closer to getting a new agreement with the Hill Country Junior District Livestock Show Association. But last time I met with that board, Commissioner Williams, I up -- and I'll refer everyone to the package and the Court Order 21903 on the top of the second page. The first full paragraph reads, "Hill Country District Junior Livestock Association will receive 33 percent of rental fees collected on the new portion of the arena." And that became a -- a question that 1 was asked relating to that provision at our meeting, and I didn't feel that we have discussed that specifically enough to for me to give feedback to the Hill Country District Junior Livestock Show Board. And the reason is -- the question is, what happens in the future with that 33 percent? At the moment -- and there was also a question, I might add, as to actual ar_counting since 1y99, to make sure that everything has been paid on all the rentals of the facility, and also of tables and chairs, which are another provision, and all those have been made, and they are satisfied that we are current. But the question comes, you know, what do we do in the future? This -- Lhe oLiginal court order was very vague as to -- it 1 ~ 2 3 4 5 6 7 8 9 10 11 12 r-. 13 14 15 16 17 18 19 20 21 22 23 ~„ 29 67 didn't have any length of time. It said that Kerr County would do certain things and the Stock Show Association would do certain things. Those things have been done by both parties. The County has done far more than was envisioned, I think, at that time already out there, and if we undertake whatever avenue in the future, whether we put a bond issue before the public or just make major repairs out there, that's something that really wasn't contemplated in this court order. So I think I just need direction from the Court -- or Bill and I need direction from the Court as to, do we say that we're not going to give them that any more, their percentage, or what do we do on that provision? And I might make one other comment. The reason for that provision was to give the Association some funding which goes back into the community through their scholarships, and also was a way, I think, of recognition that that facility was given on -- well, the construction of that facility was done by members of that association, primarily, and without using County funds, and it was a way for them to recoup some of that investment. COMMISSIONER BALDWIN: They still -- they remember. COMMISSIONER LETZ: I believe they own the 25 1 L 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 68 else. COMMISSIONER WILLIAMS: I think just the pens. COMMISSIONER BALDWIN: The pens. And when we have a function out there, outside of them, and we use those pens, we -- we act as if those pens are ours. Do we pay them rental or use of -- of their pens that they own? COMMISSIONER LETZ: I can't answer that question. It's the -- you know, and I think that the pens might -- my gut feeling is, by talking with Tommy about this and the way the money has been booked, that that gets included with the rental of the facility, but I'm not positive on that. But I believe that when -- when we -- say the Cuttinq Association leases that facility and they use the pens. I believe they just get a -- a flat percentage of the total amount that, you know, we charge the Cutting Association. COMMISSIONER WILLIAMS: I think that's the way it works. And in the past the tables and chairs were part of that; since we've purchased the tables and chairs, that's no longer a part of that. COMMISSIONER LETZ: While we're on the pens, there's another point on that. Currently, under the draft agreement that's also enclosed, it says under the provision -- I won't necessarily read it, but it says that 1 ~-. 2 3 4 5 6 7 8 9 10 11 12 ,~ 13 14 15 16 17 18 19 20 21 22 23 „~ 29 69 the County will be responsible for any damage to those pens that are used when we rent, whether we rent the facility or when we provide them to somebody. The question came up in the agreement, what about when they wear out? Who replaces them? And some members of the board think that that means they're damaged and we replace them and give it back to them. I told them that I have a different point of view; that there's a certain life expectancy of those pens, and when that life expectancy is up and they're replaced, if the County replaces them, the County owns them. I said I don't think we legally could probably buy them and give them to them, but if they're damaged, then I don't have a problem with us having to repair the damage or fix them, which is what the agreement says. But I think -- and I think that needs to be addressed and made more clear in the actual agreement, that we would -- at the time they're replaced -- and I think we should probably, so there's no confusion, specify when that period is. After a certain point, or past, you know, 2010 or whatever, any repairs or replacements, then the County owns them at that point. But -- COMMISSIONER BALDWIN: That paragraph says he pens. We use them at no cost. If they're damaged, we pay for it. And so we need to add another 25 ~ caveat or two -- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 24 25 70 COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: -- to that, to -- to include those issues you're talking about. COMMISSIONER LETZ: Yeah. And I think that it's -- you know, we're pretty much in agreement, I think, on that provision; that's not a sticking point. The only possible sticking point is the 33 percent rental provision. And what we do -- and I think, to get it moving -- I mean, a recommendation I would have is that nothing's going to, clearly, happen out there in a major way probably in the next year or two years. 1 think that we should phase that out. You know, pick some date that we can agree on with them, and say after such-and-such point in time, you know -- 2005, to throw out a number -- they would no longer receive that 33 percent after that date. And I think they may want a provision that we're going to make some major improvements out there, which we get into a difficult area, because we don't know what we're going to do out there yet. I mean, we're certainly looking at a couple of -- or one option, which would require putting it before the voters. If that doesn't happen or the voters don't approve it, I still think that we're going to be obligated to make some significant repairs out tiieze, just ouL of budget or somewhere. I don't know how we'd fund it. But I think it would be cleanest to set a date in the future and say, up to that point you get 71 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 the 33 percent; after that -- COMMISSIONER BALDWIN: You know what? I just can't -- I just can't get my mind around if we're -- and that's the reason I brought up the pens. You know, if we're not leasing or renting their pens, if we're not getting something in return for that 33 percent, I don't get it. I mean, we're just giving some organization some money for funsies, almost. I'm not trying to belittle -- it's just the way it looks like to me, unless we're renting these pens. COMMISSIONER GRIFFIN: They produce other income. COMMISSIONER LETZ: Well, I think the -- it goes back to the -- on how we obtained ownership of the facility, and it's just -- we're paying a fee to them for their past goodwill. That's really what it is. The rental -- and the reason the Association wants to keep the pens, because the pens are vital to their putting on the stock -- putting on the stock show, and they feel that -- you know, not that I agree with their point of view on this, but they feel that it gives them a better position, if something were to happen and they couldn't use that facility, that they would at least have pens to go somewhere else, and that's why they want to keep the pens. And, you know, that's what they choose. I mean, 1 think Bill and I 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 72 have said that the County's preference would be to figure out a way to buy those from them, but up to now they have chosen that they don't like that option, and it's up to them. So I agree, it is kind of a -- it's -- the agreement was written in 1999, and a lot's happened since then, but it is the current agreement and it is what the County is currently doing by giving them 33 percent every time we rent that arena. I just need to have direction -- Bill and I need to have direction to go back to them. And we can say no, the deal's off today. It's whatever we decide, but it wasn't something that I was willing to make the call on. I think it's -- the full Court needs to decide this. COMMISSIONER GRIFFIN: Question. Do we know -- does anybody still have the cost figures for the counties -- what they cost and how much has been reimbursed at the 33 percent rate? So that there may be some logic in figuring out, it it costs "X" number of dollars, and "X" number of dollars has been paid or will be paid by Year such-and-such, that would cover those costs, maybe that's a legitimate time to consider or propose that the payment end. COMMISSIONER LE'1'Z: In talking with Tommy, the revenue -- we were -- originally, we were getting revenue from lots of different sources, and this was being divided up differently, which we've cleaned up a lot. I don't know that they can go back and split out the pens by 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 73 themselves. I don't think they can. COMMISSIONER WILLIAMS: I think that reports that Tommy gave us would indicate that if there was a fee charged for the pens to some other organization, it's buried in the general category of rental revenue. COMMISSIONER LETZ: 'Cause I think it was percentage back out. COMMISSIONER WILLIAMS: Which I think they're adequately providing in the new agreement in terms of the future, though. When we talked about the -- the agreement also included no charge for use, or the -- we give them -- there is no charge Tor use, rental, utilities, assistance provided by Kerr County employees, and all other related fees normally charged for the said use of the facility. Which, to me, says that the pens -- that Kerr County has the ownership of them, ultimately. We're going to get to use those. We have the responsibility for replacement, repair. JUDGE HENNEKE: i like your idea of phasing out the 33 percent in 2005 -- at the end of 2005, which -- or probably at the start -- 1 don't know if we need it at the start or the end, but either way, I think that's a good way to do it, and I am not -- I would not be opposed to allowing them to collect separate rental on the pens after that date, because they do own the pens. But then they have 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 to -- need to understand that -- that not only do they have to maintain the pens, but they have to provide the pens. I mean, I think that's a very equitable way to do it. We pay you the 33 percent through the end of calendar year -- or end of Fiscal Year 2004/2005 would be better for the County. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And after that, you may charge a separate fee for use of your pens. COMMISSIONER LETZ: The reason I picked 2005 is purely arbitrary. It doesn't tie to anything, except that we will probably be doing something out there on a renovation standpoint by then, and hopefully finishing up by then. COMMISSIONER WILLIAMS: Judqe, I'm not so sure I agree with the point you're making about -- about another organization continuing to own a segment of equipment that is used time after time after time. If we have the full responsibility out there, then I think we should probably own it. I think you make the same argument for the pens as we made for the horse stalls. It made more sense for us to own the horse stalls and lease those out and take that revenue in as part of the whole package. I think you need to make the same argument in terms of the pens. I don't know that it would be such a herculean task to establish the fair market value of the pens today, given the 75 ~- 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 cost when they were purchased, and assess some factor for depreciation. I also think we could incorporate into -- into the new agreement some kind of a caveat that says, in effect, that if they -- if they, for whatever reason, are not able to use the facility for Hill Country Junior District Livestock Show, they would have, gratis, the use of the pens at such location off premises; I don't think that's difficult to take care of. COMMISSIONER LETZ: We can try that again, but they haven't been real willing to sell us the pens. COMMISSIONER WILLIAMS: I guess because nobody has a feel for what they're worth. COMMISSIONER LETZ: Right. And also, I think you did bring up a new point, that if the County owned them, that we could put in the agreement that they would have use of them at any location. That might clean that up for them. COMMISSIONER BALDWIN: What is the definition of "pens," though? You know, I mean, we're talking about goats and sheep and pigs? Are we talking about those pens that are out there in the roping arena? COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: Or all the above? COMMISSIONER LETZ: All the above. COMMISSIONER BALDWIN: I think the sheep and goat and pig bunch, that's used one time a year. ~6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Yeah. COMMISSIONER BALDWIN: And you don't -- well, I don't know. There's goat shows. COMMISSIONER WILLIAMS: Yeah, goat shows. COMMISSIONER LETZ: I think their concern is the mobile portion, I think, more, which is some of the portable pens, and some of those are pig. A lot of them are, like, the lamb and all of those types of pens. The permanent pig pens, they realize those are permanent; they can't ever move those, so it's more the portable pens are what they were referring to. COMMISSIONER WILLIAMS: The cattle ones, 'cause they're used throughout the year, cuttings and ropings and things. COMMISSIONER BALDWIN: I didn't think this conversation would ever go as low as to talk -- start talking about the pigs, but here we are. Terrible thing. COMMISSIONER LETZ: So was that a -- COMMISSIONER GR1r'E'IN: Jonathan, could you maybe go back to them and -- you and Bill, and talk again about some of the things we've hit on here, the proviso that they would have gratis use of the pens if they did have to -- for some reason, to go somewhere else, and that we phase out the payment, and see what their reaction to that i s '? ~~ 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 COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: By the end of '95? Is that -- COMMISSIONER GRIFFIN: '05. COMMISSIONER BALDWIN: Not '95, I'm sorry. COMMISSIONER LETZ: '04/'05. JUDGE HENNEKE: '05. Try for fiscal year, if you can, so we don't end up with two -- COMMISSIONER LETZ: And see what they say. I just wanted to let you -- kind of let the Court know where we were on this. I know it's been dragging on, and it's -- it has. COMMISSIONER WILLIAMS: And on and on. COMMISSIONER LETZ: But we're getting closer. Every time we go over, there's a new provision, and this -- the last meeting is when this came up, what happens with this, and I really couldn't give them a good answer. All right. I think that's enough of a direction to proceed. JUDGE HENNEKE: Ukay, good. Next item for discussion is Item Number 16, consider and discuss requesting that TexDOT install signs designating the crossings on the North and South Forks of the Guadalupe River, Highway 1340 and Highway 39, in accordance with the attached drawing, and setting a public hearing on the same. Commissioner GriLLin. 78 1 ,.-~ 2 3 4 S 6 7 8 9 10 11 12 ,,,~ 13 14 15 16 17 18 19 20 21 22 23 24 .~ 25 COMMISSIONER GRIFFIN: Yes. This was triggered by a request from the Schumacher sisters -- and I think a copy of the letter that came to me is in the packets -- Frances Andrews, Billie Zuber, and Jeannie Sutton. And the idea started with an inquiry to Bill Tucker by them to TexDOT on just naming Schumacher Crossing, which is -- it we go back in the history books and all the histories that have been written of Kerr County, it's been referred to as "Schumacher Crossing" forever and ever. Bill Tucker liked the idea. In fact, he liked it so much that when we qot together to discuss it, he said, Why don't we name a1L of the crossings on the North and South Forks, because they're good for navigation purposes if they were known by a name and the name was posted. It's also good for emergency services if people notice that they're near "such and such" crossing and so on. So, TexDOT got with our Road and Bridge Department and came up with the names of all the crossings that they normally use and their references, because when they talk to each other and they talk to emergency services and so on, the list that you see on the sketch there are the names of the crossings that they generally use. There were several -- and all of those have not been listed here, but there were two or three crossings that had more than one name, but these were the names that were generally used by 79 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 29 25 everybody. Now, some, Bill said -- Bill Tucker at TexDOT says that if we will come up with a list requested of TexDOT -- at no cost to the County, but he wants a request from the County, because that's their policy, the way they do that. At no cost to us, they will designate those names and post signs on either side showing that you're coming up on "so-and-so" crossing. And, in reviewing the law, it doesn't appear technically that we would have to have a public hearing, but as I said in the backup, I think it would be a good idea if we did, just so that everybody can have a shot at the names and see if they agree, disagree, whatever. So, I'd like to hear some discussion, and I'll make a motion. COMMISSIONER LETZ: I think it's a great idea. I think it's done in Bandera County, and it is very -- very useful from an emergency standpoint. COMMISSIONER GRIFFIN: Okay. COMMISSIONER BALDWIN: I like it. It preserves some good history. COMMISSIONER GRIFFIN: Yes. CUMMISSIONER BALDWIN: 'Cause I recognize some of these things from my childhood. Boneyard Crossing, if you go -- get off that bridge and turn left, you'll see the Guadalupe River come out of the ground right there, not far from the bridge. 80 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 1J 16 17 18 19 20 L 1 22 23 24 25 COMMISSIONER LETZ: Do you know why they call it "Boneyard Crossing," Commissioner? COMMISSIONER BALDWIN: Confidential information. COMMISSIONER LETZ: I thought that was it. COMMISSIONER WILLIAMS: If you tell him, you have to kill him? COMMISSIONER BALDWIN: Yeah. You can't be near as smart as I am. COMMISSIONER GRIFFIN: I will make a motion, then, that we -- that we request that TexDOT install signs designating the crossings of the North and South Forks of the Guadalupe Kiver on Highway 1340 and Highway 39 in accordance with the attached drawing, and set a public hearing for same on that, wriich would be -- next time -- could we do it next time? It's not -- JUDGE HENNEKE: First meeting in April. COMMISSIONER GRIFFIN: First meeting in April? April 8? At 10 o'clock"? JUDGE HENNEKE: Do I have a second? COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Third. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Williams, that the Court request that TexDOT install signs designating the r_rossings 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 81 of the North and South Forks of the Guadalupe River on Highway 1340 and Highway 39 in accordance with the drawing as presented, and set a public hearing on same for Monday, April the 8th, Year 2002, at 10 o'clock a.m., here in the Kerr County Commissioners Courtroom. 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. Next item is Item Number 17, consider and discuss acceptance of the resignation of Sheriff Hierholzer as the Kerr County appointee to the 911 Board, and the appointment of a new Kerr County appointee to said board. We have received from the Sheriff official resignation of his position on the 911 Board of Directors, effective March the 1st. I was going to say we appreciate the service the Sheriff has done in the last year or so on that board. We understand his -- the need to devote more time to other duties, so at this time, I'd entertain a motion to accept his resignation. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court accept the resignation of W. R. "Rusty" Hierholzer from the Kerr County ~. 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 82 911 Board of Directors. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JUDGE HENNEKE: And, Commissioner Letz, I believe you have a nominee to take Sheriff Hierholzer's place? COMMISSIONER LETZ: Yes. I would like to nominate Mr. Charles Lewis, who's in the audience today. Mr. Lewis lives in the Comfort area. I think it's important to have a rural representative, because they're the ones that really are most affected by 911 as we deal with it, as opposed to within the city limits of Kerrville. I also would like to have a representative from the eastern part of the county. Mr. Lewis is a retired army colonel, has lived in the Comfort area for around 10 years. He has extensive administration experience with the army, also some GPS, hospital. Pilot, 1 believe. And I think he -- I've talked to him at length about it, and he seems very willing to serve, and I'd like to nominate Mr. Lewis. COMMISSIONER WILLIAMS: I would second that nomination, with one -- but asking a question. Do you want to state it, Judge, before I ask the question? JUDGE HENNEKE: Okay. Motion by Commissioner 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 Ll 22 23 29 25 83 Letz, second by Commissioner Williams, that the Court appoint Mr. Charles Lewis, who lives in the Comfort area in eastern Kerr County, as the Kerr County representative for the 911 Board. COMMISSIONER WILLIAMS: My question is, "Comfort area" does mean Kerr County, doesn't it? COMMISSIONER LETZ: It does mean Kerr County. He lives on Lane Valley before you get to my house. COMMISSIONER WILLIAMS: I'm all in favor of having somebody from the eastern part of the county. COMMISSIONER LETZ: Mr. Lewis, stand up, let everyone recognize you. JUDGE HENNEKE: Mr. Lewis, we appreciate your willingness to help us out on this. MR. LEWIS: You're welcome, sir. JODGE HENNEKE: No bed of roses. COMMISSIONER LETZ: I think he knows that. MR. LEWIS: I don't expect it to be, sir. COMMISSIONER WILLIAMS: Maybe you can help them find some of our roads in the eastern part of the county. MR. LEWIS: Well, I can from the air. COMMISSIONER GRIFFIN: There you go. JUDGE HENNEKE: Any other comments or questions regarding the nomination? If not, all in favor, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ ~ L ~3 24 25 89 raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion is approved, and Mr. Lewis is nominated and appointed as our representative to the 911 Board. Again, thank you, sir. COMMISSIONER LETZ: Thank you, Charles, and I'll give you Dave Ballard, who's the chairman's, phone number. I'll e-mail it to -- or I'll call you tonight. MR. LEWIS: Okay, thank you. COMMISSIONER LETZ: All right. JUDGE HENNEKE: Next item for consideration is Item Number 18, consider and discuss adoption of a resolution declaring March 17 through 23, Year 2002, as National Agriculture Week in Kerr County. You have in your books the actual resolution, as well as the backup material provided. Do I have a motion to adopt the resolution? COMMISSIONER BALDWIN: Sir, I will make that motion. COMMISSIONER GRIFFIN: I'll second it. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams -- Commissioner Griffin that the Court adopt the resolution declaring March 17 Lo 23, Year 2002, as National Agriculture Week in 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 85 Kerr County, Texas. Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Next item is Item Number 19, consider and discuss a resolution requesting participation in the County Management System Project. County Management System Project is a pilot project sponsored by the Comptroller of Public Accounts, with the assistance of the Texas Association of Counties -- or I guess it's with the assistance of the State Association of Judges and Commissioners. And, if we wish to be a pilot part of this project, we need to submit the enclosed resolution, and it doesn't appear to cost us anything. We always -- I know we always question that. Any comments or -- COMMISSIONER GRIFFIN: Judge, I called a contact over in the Comptroller's office that I just happened to know, and asked about the scope of this thing, and apparently it's going to have a very -- potentially have a lot of goodies in it, where the Comptroller's office actually is going to send people in to look at your -- at your operation. They'll actually make suggestions; they'll actually fund equipment, if that's one of the things that -- 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Zl ~~ v L 23 24 ZS part of this program -- that they think you might want to try, and that you approve it. It might be a -- I think it would be a good thing to try. And, as it was emphasized, the County pays zero. The County -- the three counties that they picked statewide to do this will pay nothing for this program, so it sounds like a pretty good deal. COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: I'll make a motion that we approve it -- or approve the application and authorize the County Judge to sign same. COMMISSIONER BALDWIN: I'd second that motion. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court authorize and approve the Resolution requesting participation in the County Management System Project, and authorize County Judge to sign and submit said Resolution. 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. Next item for consideration is Item Number 20, which is to consider and discuss approval of the following social contracts with 1 2 3 4 5 6 7 8 9 10 11 1G 13 14 15 16 17 18 19 20 21 22 23 24 25 87 social agencies, and authorize the County Judge to sign same upon execution by the appropriate agency. The three contracts which have been submitted by the County Attorney's office are those for Dietert Claim, those for the Kids Advocacy Place, and that for the Soil and Water Conservation District. COMMISSIONER WILLIAMS: I don't have the Soil and Water on mine. JUDGE HENNEKE: It's an amended agenda item. COMMISSIONER WILLIAMS: Oh, okay. JUDGE HENNEKE: Does anyone have any questions or comments regarding the form of the contract for those three agencies? COMMISSIONER WILLIAMS: Judge, I move that the social contracts Tor Dietert Claim, Kids Advocacy Place -- are we including Soil and Water? DODGE HENNEKE: Yes, include it. COMMISSIONER WILLIAMS: And Soil and Water Conservation contracts be approved, and authorize County Judge to sign same upon execution by the respective agencies. JUDGE HENNEKE: Do we have a second? COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court 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 88 approve the form of contract for Dietert Claim, the Kids Advocacy Place, and Soil and Water Conservation District, and authorize County Judge to sign same upon execution by the appropriate agency. 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.) DODGE HENNEKE: Motion carries. Next item for consideration is Item Number 21, which is consider and discuss adoption of a resolution to become a member of C.I.R.A., and authorize the County Judge to sign the interlocal agreement relating to that membership. C.I.R.A. stands for County Information Resources Agency, which was created from recommendations by the County's E-County Task Force. The proper resolution and the agreement are in the book. COMMISSIONER GRIFFIN: This is the one that Stan -- COMMISSIONER LETZ: Stan Reid. COMMISSIONER GRIFFIN: -- Reid has briefed us on, and -- DODGE HENNEKE: Yes. COMMISSIONER GRIFFIN: And it doesn't cost us anything. I think it's a good -- and they've got a dynamite 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 89 web site. I've looked in on it several times, and it's all helping counties get up -- spun up into the technology for information flow. And I'll make a motion that we adopt the resolution and authorize County Judge to sign same. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court authorize adoption of the resolution for Kerr County to become a member of C.I.R.A., and authorize County Judge to sign the resolution, as well as the applicable interlocal agreement. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: All opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Okay. At this time, we need to loop back and announce the bids for Road and Bridge Department. If we wanted to, we could adopt the resolution referring these to the Road and Bridge Department, and then I could sit here and read them and you guys can go on about your day. COMMISSIONER LETZ: I'll stay here. COMMISSIUNER GRINNIN: Well, let's go ahead and do that, and I'll recommend -- I'll make a motion that we refer the -- all the bids. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 90 JUDGE HENNEKE: Accept all the bids. COMMISSIONER GRIFFIN: Accept all the bids and refer them to the Road and Bridge Department for analysis and presentation at the next court meeting by spreadsheet, with a briefing on what the recommendations are. COMMISSIONER BALDWIN: Second. AUDIENCE: So you're still not going to read them aloud; is that correct? JUDGE HENNEKE: Yes, we are. First we're going to take care of the formal action, so those who don't want to listen to the numbers can excuse themselves. We have a motion by -- motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court accept all of the bids, pursuant to the Request for Proposals by Road and Bridge Department, and refer them to the Road and Bridge Department for analysis and recommendation at our next regularly scheduled meeting, which will be March the 25th, Year 2002. COMMISSIONER LETZ: I was just going to make the comment, 'cause there are some people in the audience listening to these, make it clear we're not going to award the bids today. We're just going to read them. And a lot of times there's a lot of details that Road and Bridge needs to go over to make sure the bids are submitted properly. 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Okay. First we'll do the bids for the lease of the one-wheel loader. COMMISSIONER BALDWIN: Did we vote on -- JUDGE HENNEKE: Oh, I'm sorry. No, we didn't. All in favor of the motion, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. First bid we have is on the Caterpillar 924. We have a bid from Holt -- Holt Company of Texas out of San Antonio. The total amount of the bid is $57,745. COMMISSIONER WILLIAMS: What am I going to do with these? COMMISSIONER LETZ: Put them back together. JUDGE HENNEKE: Next bid we have again is for the loader, and it is from Anderson Machinery of San Antonio, Inc. The amount of the bid is $90,650. This is, again, a bid on loader from Waukesha-Pearce Industries, Inc., from San Antonio. The amount of the bid is $76,187. This is a bid on base materials for Sheppard Rees. The bid is from Clint G. Reeves. The amount on Grade 2, Type B, is $7.50 a ton. The bid on Type B, Grade 2, is $10.25 per ton. 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next bid on base materials for Sheppard Rees is from Lucky 3 Materials out of Center Point, and the bid for Type A is $4.20 a ton -- not sure if that's 4 or 14. I'll leave that to be determined. The amount for Type A, f.o.b. Kerr County, is $6.95 a ton, plus $2.75 a truck. Again, this is base materials for Sheppard Rees. The bid on f.o.b. supplier's plant, Type A, is $3.80 a ton. Bid f.o.b. Kerr County is $8.70 per ton. This is a bid, again, on the Sheppard Rees base materials. This is from Bedrock Materials Limited. The bid for Type B, f.o.b. supplier's plant, is $S a ton. Bid for Type B, f.o.b. Kerr County, Sheppard Rees Road, is $9 a ton. That was for Type B. On Type A, there was no bid. Again, Sheppard Rees base materials from Wheatcraft, Inc. Type B, f.o.b. supplier's plant, is $5 a ton. Type B, f.o.b. Kerr County, is $/.71 a ton, plus $5 in materials -- oh, that's the total, $7.71 a ton. These are equipment -- hourly equipment bid. First one is from Bobby Jenschke for the Cat D-6 dozer. It's $110 an hour. Scraper is $lU an hour -- or $110 an hour. Cat 12-G is $85 an hour. The 930 loader is $105 an hour. And 1500-dollar -- gallon water truck is $65 an hour. Equipment by the hour from Edmund Jenschke, Inr_, Cat D-6 doer is S85 an hour. The scraper is $100 an 93 1 L 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 hour. Cat 12-G motor grader, $76 an hour. 930 loader is $84 an hour. Optionally, the asphalt distributor is $120, as is the chip spreader. Equipment by the hour from Schwarz Construction Company in Kerrville. Cat D-6 dozer is $70 an hour. Scraper is $80 an hour. Cat 12-G motor grader, $70 an hour. 930 loader, $75 an hour. 12-ton flat wheel roller, $55 an hour. 12-ton pneumatic roller, $55 an hour. 1500-gallon water truck, $50 an hour. From MPB, Inc., again, a bid on equipment by the hour. Cat D-6 dozer, $85 an hour. Scraper, $110 an hour. Cat 12-G motor grader, $70 an hour. 930 loader, $65 an hour. 12-ton flat wheel roller, $55 an hour. 12-ton pneumatic roller, $55 an hour. 1500-gallon water truck, $54 -- $50 an hour. And no bids on the optional equipment. Corrugated metal pipe from Wilson Culverts, Inc., in Elkhart Texas. 15-inch arch, $4.60 a linear foot. 18-inch arch, $5.58 a linear foot. 24-inch arch, $7.43 per linear foot. 30-inch arch, $9.30. 15-inch coupling band, $6.99 each. 18-inch coupling band, $8.37 each. 29-inch coupling band, $11.19 each. 30-inch coupling band, $13.95 each. Corrugated metal pipe bid from Walters Building & Supply out of Fredericksburg. 15-inch arch, $4.85. 18-inch arch, $5.82. 24-inch arch, $7.74. 30-inch 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 arch, $9.70. 15-inch coupling bands, $7. 18-inch coupling band, $8. 24-inch coupling band, $11.60. 30-inch coupling band, $14.50. On base materials, not specifically Sheppard Rees, f.o.b. supplier's -- this is from Reeh-Schneider Quarry of Comfort. f.o.b. suppliers' plant, Type A, Grade 1, $5.28 per cubic yard. Type A, Grade 2, $5.13 per cubic yard. f.o.b., Kerr County, Type A, Grade 1, $13.23 per cubic yard. Type A, Grade 2, $13.03 per cubic yard. Base materials bid submitted by Drymala Sand and Gravel of Comfort. 'T'ype B, Grade 2, $6.20 per cubic yard. That's the only bid. r'rom Rountree Materials out of Kerr County, Type B, Grade 1, $6.50 cents. Type B, Grade 2, $6.60. This is f.o.b. supplier's plant. Type C, $8 per cubic yard. Type C, Grade 2, $7.50 per cubic yard. f.o.b. Kerr County, 't'ype B, Grade 1, $10 per cubic yard. Type -- Type B, Grade 2, $9.50 per cubic yard. Type C, Grade 1, $11.50 per cubic yard. Type C, Grade 2, $10.50 per cubic yard. Base materials from Clint G. Reeves, Type B, Grade 2, f.o.b. supplier's plant, $8 per cubic yard. f.o.b. Kerr County, Type B, Grade 2, $18 per cubic yard. From Lucky 3 Materials in Ceul.er Puiut, Type I A, Grade 2, f.o.b. supplier's plant, we have $5.67 per cubic yard. 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 From Bedrock Materials, Limited, of Center Point, we have, for Type B, Grade 1, f.o.b. supplier's plant $6.50. For Type B, Grade 2, f.o.b. supplier's plant, $6.50 per cubic yard. f.o.b. Kerr County, Type B, Grade 1, $11.75. And f.o.b. Kerr County, Type B, Grade 2, $11.75. From Wheatcraft, Inc., f.o.b. supplier's plant, we have Grade 2, Type A, $7 per cubic yard. Type B, Grade 2, $6 per cubic yard. (Discussion off the record.) JUDGE HENNEKE: Paving aggregates. This is from Wheatcraft, Inc. Type B, Grade 3, $8.50. Type B, Grade 9, at the supplier's plant, $9. Type B, Grade 5, at supplier's plant, S8. Moving to aggregates, from Sand Mill, Inc., 't'ype B, Grade 3, at supplier's plant, $9. Type B, Grade 4, $9.50. Type B, Grade 5, $8.50. No bids on the other categories. This is from Smyth Mines, LLP, out of Uvalde. Type B, Grade 3, supplier's plant, $9.27. Type B. Grade 9, supplier's plant, $9.27. Type B, Grade 5, supplier's plant, $8.24. Type PB, Grade 3, at Kerr County, $21.07. Type PB, Grade 4, Kerr County, $21.07. Type PB, Grade 5, Kerr County, $20.40. No bid on trap rock. For emulsion oils, we have -- from Ergon Asphalt and Emulsions, CRS-2, the bid unit cost is .6922 ^-~ 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 96 dollars per gallon. Type HFRS-2, .6922 per gallon -- dollars per gallon. AEP, .8622 per gallon. No bids on the other requests. From Koch Materials Company out of Austin, CRS-2, 87 cents per gallon. HFRS-2, 87 cents per gallon. AEP, $1 per gallon. No bids on the other varieties. From Gulf States Asphalt Company, L.P., Houston, we have bid for CRS-2 of 73 cents a gallon. We have a bid for HFRS-2 of 71 cents per gallon, with the footnote -- it says delivery prices are based on 5,000-gallon loads. Emulsion oils from Tiger Asphalt Sales out of Helotes, CRS-2, 76 cents a gallon. HFRS-2, 84 cents a gallon. AEP, 90 cents a gallon. From Bedrock Materials, Limited -- this is hot mix, cold laid asphaltic concrete pavement. This is f.o.b. Kerr County, black base, $58.50 a ton. Cold mix, Type C, also $58.50 a ton. From Smyth Mines, L.L.P., out of Uvalde, again for hot mix, cold laid asphaltic concrete pavement. F.o.b. Kerr County, black base is $22.81 a ton. Cold mix, Type C, is $22.81 a ton. From Vulcan Construction Materials, L.P., we have $23.97 a ton for black base. Cold mix, we have also $23.97 a ton. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 Last, but certainly not least -- this is back to paving aggregate from Vulcan Construction Materials. For PB, Type 3, Kerr County, $22.69. PB, Type 4, Kerr County $22.69. PB, Type 5, Kerr County, $22.69. Trap rock, Type 3, Kerr County, we have $28.22. Trap rock, Type 4, Kerr County, we have $28.22. Trap rock, Type 5, Kerr County, $28.22. No bids for the other types of aggregates. Those are all the bids we've received. Good cross-section. If there's no other business to come before us, I believe we stand adjourned. (Commissioners Court adjourned at 11:35 a.m.) 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 98 STATE OF TEXAS I COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, triis 14th day of March, 2002. JANNETT PIE PE R, Kerr County Clerk BY: _____ _~_Qiwc./C___ ____ ____ Kathy B ik, Deputy County Clerk Certified Shorthand Reporter l.: i...F'CI:I`1`:5 fll.ln G1C;l.;~ai_II,I_(',:i (:J'll 'l':h:i.,.: '171-ir..; :I. :L~I:;tt ia:i.~.:It:Yr't:e~:i L;i tii(:• (:::it..'r~l': ~<:rr:i.iit.t:.:19,,,.,L:1.••tiay :L.~:a°'Part:~ I'i't:;'l;(>;,.:'t;:i.C;'it Tc.rr :f>is,:rm,:a,•33:} L15--P?t_~<:ua rz Iirr:i.tllJ~:1; icii `li.<+c~,,(3(:i.Vt:~ 1='T`t:iia-°':iil':d,.l;a:• hd:i.Cl Pt.titia i't:;i` ,~:- ,f :S ,, r:,c.'.(:}•.;..,.) !`..'il:a....a:iir.aa.cl6:7i71'; I-Ir.:.,;a].I:;11 C:'P; ~1'l,'t'.c:rrrxay it;r sl>7Rd:i••'7F.3;1 !a(r, _`:i'L:'h: 1-"i`p Ca fi[;r 9>.I. •, .I. r., .1. ,. (%1,:1 :j ~i3'~~....i I'..t.l'i til t~llra°°l.:Onintltit7. i:. j' C; r.:a'i"i`t;>r: 1:::i. rt fC:; "f(:)'Tl"il... C;il~l°I 1=:Iii:G7Uaailii::(:i Pf.1F{ fll...l... 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