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 KERB COUNTY COMMISS]ONERS COURT Regular Session Monday, May 13, 2002 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 0 nl 1 ~.. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i ~ 18 19 20 1 21 22 23 24 25 z I N D E X May 13, 2002 PAGE --- Visitor's input 3 --- Commissioners comments q 1.1 Pay Bills g~753 1.2 Budget Amendments 2'153(, 537,534, S?fi , •~1 ~`~~-' ~ ~"15SCe 9 1.3 Late Bills 1g1"/541 1.4 Read and Approve Minutes 22+175`aD 1.5 Approve and Accept Monthly Reports 23'2', I`~'+3 2.1 Adoption of proclamation declaring May 2002 as Mental Health Awareness Month 2.2 Status of Sheriff's Department radio project, approval of remaining leases 2.3 Authorize Sheriff's Department to apply for Tobacco Compliance Grant 2.4 Reallocation of leftover Sheriff's Department Capital Outlay funds to purchase computer for Personnel Office 2.5 Consider final plat/Development plan for Cedar Ridge Mobile Home Park 2.6 Consider preliminary plat for Hidden Hills 2.7 Consider preliminary revision of plat for Hidden Hills 2.8 Consider final plat of Cutoff Business Park with variances for lot size, drainage, utilities installation and driveway intervals 2.9 PUBLIC HEARING - abandonment of Pier 5 Drive 2.10 Consider changing status of Pier 5 Drive in Pier 5 Subdivision from public to private 2.11 Approve road name changes for privately-maintained roads in Pct. 2 in accordance with 911 guidelines 2.12 Consider request by Pipeline Group to reduce fees for use of the Ag Barn to last year's cost 2.13 Consider bids received and a~aard construction contract for 2002 TCDP Colonia Fund wastewater project, Phase I, in Kerrville South 2.14 Consider amending Kerrville South construction fund budget to provide not more than $6,200 for attorney fees to develop documents 2.15 Consider authorizing Grantworks to submit 2001 TCDA Colonia Comprehensive Plan to the Office of Rural Community ATfairs for their review 2.16 PUBLIC HEARING - Kerr County Subdivision Rules 2.17 Consider restructuring Courts Collections Dept., promote Brad Alford to Chief Collections Officer --- Adjourned 29 'a~l~~ 30 a-15y5 36 .1754/C 3 7 ~'~54~ 4 5 }>>~cu 4 8 ~ 754 49 ~~5y9 52d'7~~G 5 6 ~~ut S~ 60 63~~7s1 63 ~~~~'~ 67 87553 ;}7jS'/ 69 70~ 1555" 89 10 6 x"755 , 126 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, May 13, 2002, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D 1 N G S JUDGE HENNEKE: Good morning, everyone. It's i 9 o'clock in the morning on Monday, May the 13th, Year 2002. We'll call to order this regular term -- regular meeting of the Kerr County Commissioners Court. Commissioner Griffin, I think you have the honors this morning. COMMISSIONER GRIFFIN: Yes, Judge. If you will please rise and join me for a moment of silent prayer, followed by the pledge of allegiance. (Prayer and pledge of allegiance.) COMMISSIONER BALDWIN: Thank you. DODGE 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'd like to address the Court on an item not listed on the regular agenda? MR. NOLEN: I have a petition I'd like to submit to the Court. DODGE HENNEKE: Okay. COMMISSIONER GRIFFIN: Yes, Mr. Nolen. If you would identify yourself, and then, while -- s-i3-o~ 4 1 2 3 9 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 23 24 2~ MR. NOLEN: I'm Robert Nolen from Mountain Home. I live in Scenic Acres. I've been out there for 25 years, and I'm submitting a petition this morning for the consideration of the Court to stop hunting in Scenic Acres Subdivision. I do not know the powers of the Court, but we have lawyers that can handle that. And the petition says high-powered rifles; that is not big enough for low-powered rifles, hopefully. Anyway, I hope the Court will consider it and get to me later. Thank you much. JUDGE HENNEKE: Thank you, Mr. Nolen. We will take your petition and refer it to the Kerr County Attorney's office for his advice and counsel on this issue. Anyone else wishing to address the Court on an item not listed on the regular agenda? Going once, going twice. Is there any other citizen who'd Like to address the Court on an item not listed on the regular agenda? Seeing none, we'll turn to the Commissioners' comments. We'11 start with Commissioner Griffin. COMMISSIONER GRIFFIN: Yes. I just wanted to report that I spoke with Bill Tuckf=r at the Highway Department last week, on Friday, a:> a matter of fact, and the signs have been ordered for thc=_ names of the crossings the on the North and South Fork. We should see those start to pop up sometime in the next few -- few weeks. They won't all come at once, so depending on what order they get them, s is-n_ 5 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 they'll start sticking them up as soon as they get them, and glad to see that happen. COMMISSIONER BALDWIN: Exciting. JUDGE HENNEKE: Commissioner Baldwin? COMMISSIONER BALDWIN: I have no comments this morning, Judge. The only comment I would like to make is, I hope Commissioner Letz will report on Tivy baseball. I just don't have -- I can't remem'oer what happened. I know they're still going, is all I know. COMMISSIONER WILLIA]HS: They won. COMMISSIONER BALDWIN: Yeah. JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAIKS: I cleared my e-mail out this morning, and it was chock-full. One item of interest that's not on the agenda I~as to do with the County's application to the Texas Capital Fund on behalf of the Frontier Gear. It appears that they were scored three out of 14 applications, so it appears that that application will be funded. JUDGE HENNEKE: Do you want to give us a report on former Commissioner Lackey? COMMISSIONER WILLIAMS: And on Butch Lackey, our Precinct 2 Commissioner predecE=.ssor, when last I spoke to those who knew or had heard from members of the family, the Commissioner is resting well iri Methodist Hospital in 5-13 __ 6 1 ,-. 2 3 4 5 6 7 8 9 10 I 11 1 1L j 13 f ,•-- 14 15 t 16 1 17 18 19 20 1 21 22 23 24 25 San Antonio, having been flown there with a severe heart attack, one blocked artery, and subsequent testing revealed seven ulcers. And one of his friends said that was one for resting well, and hopefully on the road to recovery. That's Butch Lackey we're talking about. JUDGE HENNEKE: Commissioner Letz? COMMISSIONER LETZ: Tivy baseball report. They're very dominating in the playoffs so far this year. They beat Uvalde two games straight, two out of three series, and they did the same to Dripping Springs, won the first two games. The first one was real close, one-to-nothing. Second game was a bit of a blowout; the final score was 14-4, I believe. 3ut, they're -- they're doing very well, and they are playing this week again. I'm not sure if it's going to be in San Marcos or Medina Valley, whoever won that series on Saturday night; I'm not sure what the outcome was. But, they're peaking again. They had a little bit of a fast start, kind o:E a lull mid-season, like they seem to have frequently, then they start peaking again right at the right time. Hopefully, they will go on for quite a while still. Couple of other iterns. The City of Kerrville's long-range comprehensive plan, that final Town Hall Forum will be Tuesday, May 21st, at 6 o'clock at the 5-13-0~ 7 1 .-., 3 4 5 6 7 8 9 10 11 12 13 ..-. 14 1J 16 17 18 10 20 <<^1 22 2 J 24 ,~-~ 25 Notre name Social Center. A lot of people put a lot of time into that long-range plan, and I think it will be worthwhile for people who have an interest certainly to attend that and get an idea as to where the City of Kerrville thinks the Also, a couple of comments regarding water gion J. Not going to take a lot of time, but we're in the -- I guess just starting up our second planning phase. The scopes of work are in Austin for -- or have been completed by the regions and are pending approval by the Water Development Board right now. I think a lot of people were under the impression that once we got the plan done, our work was kind of finished, and it really just means that we just start over again. It's a 5-year, ongoing process. Gove nroL Perry is very much behind the process, assuming he's our next governor, or I guess re-elected as governor. I think he's certainly very commit.ed. I'm not sure Mr. Sanchez' position on the regional -- but Governor Perry is certainly behind it, wants to conti nue funding it, as does the Legislature. Kerr County has a couple of items in our -- that we'll be working on in the ne~ct couple of weeks. One we're currently working with Headwaters on is locating some new monitoring wells; they got some funds in from Peterson Foundation to get drilled. We`re also looking at a study on 5-13-_~ 8 1 ^„ 2 3 4 5 6 8 9 10 11 ' 12 13 14 15 1 16 1 17 i 18 19 20 1 21 22 23 24 2J spring flow, exactly trying to monitor and do some spring flow evaluations up on the western part of the county, and try to look at what pumping and various aquifers will do to the spring flow, as well as what cedar and brush control does to that spring flow. So, it's a pretty comprehensive spring flow analysis in western Kerr County, and also northern Bandera County. Another project, they're going to do some more extensive work on the Lower Trinity and updating the Middle Trinity model, which has a lot of deficiencies, in most people's opinion. So, anyway, we're working on a lot of science in those two areas, working closely with Headwaters and some other groups in that area. That's all I have. JUDGE HENNEKE: Okay, good. I would remind everyone that our next meeting will be Tuesday, May 2Sth, because of the Memorial Day holiday on Monday, May 27th. Also, that is our regular scheduled evening meeting, so the next meeting will be at 6:30 in the evening on Tuesday, May the 28th, so mark your calendars accordingly. With that, let's get into the approval agenda and pay some bills. Mindy, do we have some bills to pay today? MS. WILLIAMS: Oh, we got a bunch to pay. JUDGE HENNEKE: Anyone have any questions or comments regarding the bills as presented by the Auditor? COMMISSIONER BALDWIPI: Judge, I have a 5-13-0 9 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 comment -- not a comment, a correction on Page 1, under Commissioners Court. The second and third item, exact same thing, but different numbers on them. And -- and the correct number should be 39.95 for both of them. COMMISSIONER WILLIAMS: You've got gold leaf on yours? COMMISSIONER BALDWIN: I didn't go into that; I didn't read any names. 39.95 is the correct number. Thea called the printing company and got that, I think. JUDGE HENNEKE: Any other questions or comments regarding the bills? COMMISSIONER GRIFFIN: Move we pay the bills. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court authorize payment of the bills as corrected and recommended 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. Budget amendments. Budget Amendment NumbE=r 1 is for Commissioners Court. MS. WILLIAMS: Yes, sir. What we have is a -19- _ 10 t 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 couple of bills, and they are basically deductibles. We haven't met our deductibles on these particular cases yet. We do not have the money in the budget in this particular line item at this time, and I don't believe there is anyplace in the budget that we can find to move the money from. Mr. Tomlinson might be able to find that. I wasn't able to. I'm not sure where he's got areas. The only other option we would have would be to declare an emergency and move the money out of the surplus fund. COMMISSIONER GRIFFIN: This is for our professional services for legal? COMMISSIONER WILLIAMS: For what? COMMISSIONER GRIFFIN: Legal matters, right? MS. WILLIAMS: Yes, sir, right. COMMISSIONER GRIFFIN: And it's where we have ongoing suits and -- MS. WILLIAMS: Yes, sir. COMMISSIONER GRIFFIN: -- we haven't met the deductible for the insurance minimum? MS. WILLIAMS: Correct, mm-hmm. On the first two bills, the one from Continenta:L Casualty and the one from Columbia Casualty, we do have a $6,000 deductible on each of those, and these are the first bills that we have gotten on each of these suits, and they fall under that $6,000 deductible. -13-02 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 COMMISSIONER LETZ: What's the nature of the lawsuits, Mindy? MS. WILLIAMS: Pardon? COMMISSIONER LETZ: Do you know the nature of those lawsuits? MS. WILLIAMS: Regarding the Kerr County Sheriff's Department. It's an inmate. One of the loss dates was from March of '99. The other one was from June of '98. COMMISSIONER GRIFFIN: I guess the question is, how do we want to do it? What are the options? We can either -- JUDGE HENNEKE: Well, we need to identify a source for the funds. SHERIFF HIERHOLZER: Both of those -- just for your information, those were two very old lawsuits. And I know that one -- MS. WILLIAMS: Yeah, they were both -- SHERIFF HIERHOLZER: Yeah, both those lawsuits have been thrown out of court. But you still have to meet the deductible. COMMISSIONER BALDWIN: What you're saying is, prior to you? SHERIFF HIERHOLZER: Oh, yeah. Y'all will get mine later, don't worry about it. s 13-nz 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 12 COMMISSIONER LETZ: Our contingency is about out, too, as I recall. MS. WILLIAMS: Yes, sir, it's pretty well tapped. COMMISSIONER GRIFFIN: Do we have a professional services line item anywhere else that -- MS. WILLIAMS: No, sir, I don't believe so. COMMISSIONER GRIFFIN: That's -- I'm sure that's what you looked for. MS. WILLIAMS: Right, yeah. I'd be glad, if the Court would like, to set this one aside for the time being. I'll be glad to go back to the office later and go through the budget and see if I can find these funds anywhere else. COMMISSIONER LETZ: Look closely at the Sheriff's Department budget. SHERIFF HIERHOLZER: Now, wait a minute. MS. WILLIAMS: I'm not so sure there's surplus there, either. COMMISSIONER LETZ: I don't think there's much surplus anywhere. MS. WILLIAMS: I'll be glad to go back and check, if we want to just set this one aside for the time being. JUDGE HENNEKE: Only place I'm aware of any 5-13-02 1 ~.. 2 3 4 5 6 7 8 9 10 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 ..-. 2S 13 surplus is the County Attorney's office, because the third position in the County Attorney's office was unfilled for about three months -- MS. WILLIAMS: Okay. JUDGE HENNEKE: -- of the budget year. MS. WILLIAMS: I can go back and look there. JUDGE HENNEKE: That's a possible source of some funds. I attempted to use the money to hire Mr. Pollard to work on the tower leases, and you guys didn't like that, so -- COMMISSIONER BALDWIN: We like it now. JUDGE HENNEKE: -- you might take a look at that. MS. WILLIAMS: Okay. JUDGE HENNEKE: And see. COMMISSIONER LETZ: At least see what's there, because that's an item that we're not going to spend it. I mean, it's -- JUDGE HENNEKE: Yeah. Mr. Bonner wasn't hired until February or January, something like that, and so there's -- MS. WILLIAMS: months surplus, okay. JUDGE HENNEKE So probably three or four Yeah, in the salary line item. i3-oz 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 MS. WILLIAMS: I'll go back and look at that one. JUDGE HENNEKE: Okay. We'll set that one aside for the time being. Budget Amendment Number 2 is for the District Courts. MS. WILLIAMS: Yes, sir. We have a court transcript that we need to pay for out of the 216th District Court. And, again, they are out of money in their line item, but Mr. Tomlinson asked that we move it out of the 198th District Court transcript line item. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: Third. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 2. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 3 is for the County Treasurer's office. COMMISSIONER WILLIAMS: Yes, sir. The County Treasurer asked that we do a budget amendment to move money to her Part-Time Salary line item. She has someone working 5 13-02 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 15 there until the chief treasurer's position comes available, I guess, the lst of June, and she's running short of funds in that area, so she'd like to move it out of her Deputies line item to Part-Time. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court approve Budget Amendment Request Number 3. 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. Amendment Number 9 relates to County Court at Law. MS. WILLIAMS: Yes, sir. We have an order to pay a court-appointed attorney. And, again, they have expended the moneys that was in the budget for the Court-Appointed Attorneys line item. They do have some surplus under Special County Court at Law Judge, and they'd like to reclassify $4,000 of that into their Court-Appointed Attorneys line item. COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner -13-02 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 Griffin, second by Commissioner Letz, that the Court approve Budget Amendment Request Number 4 for the County Court at Law. 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. Number 5 again relates to the District Courts. MS. WILLIAMS: Yes, sir. Again, we've got some court-appointed attorney timesheets that we need to pay, and we also have some court-appointed services. I believe one is probably an investigator, and one was expert fees involved in one of the cases. We were able to find moneys in the 216th and 198th courts to move around correspondingly, and they would like to go ahead and move the moneys for the court-appointed services in the 216th out of their Special Trials in the amount of $304.43. And in the 198th, they'd like to move the $1,250 from Special Trials to their Court-Appointed Services in that budget. And Mr. Tomlinson would like to move money out of the 198th District Court Court-Appointed Attorneys line item to the 216th Court-Appointed Attorneys line item in order to pay these orders that we have pending at the present time. COMMISSIONER WILLIAMS: So moved. -13 G' 1 L 3 4 5 6 7 8 9 10 11 12 13 19 15 16 I7 18 19 20 L 1 22 23 24 2~ 17 COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 5 for the District Courts. 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. Do we have any late bills, Mindy? MS. WILLIAMS: I have one late bill. I also have one additional budget amendment that came in late. COMMISSIONER BALDWIN: Thank you, Mindy. M5. W1LLlAMS: You're welcome. This is Commissioner Baldwin's little deal. JUUGE HENNEKE: Budget Amendment Number 6 is for the Commissioners Court. M5. WILLIAMS: Would you like to explain this one, sir? COMMISSIONER BALDWIN: Sure. MS. WILLIAMS: Okay. COMMISSIONER BALDWIN: As you know, we fund the First Responders, and for some reason, they have gone over budget. And in order for us to cover that, I have gone s-is-o1 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 18 into my personal conference line, so -- I'm through going to school. Whether I get certified or not, that's beside the point, but we've gone into my conference line to pick up that $28.02. Aren't I a nice guy? COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Thank you. I'll second that motion. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 6. Any other questions or comments? COMMISSIONER BALDWIN: What do you mean, I was late? JUDGE HENNEKE: 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. MS. WILLIAMS: We didn't get it in time to make copies, let's put that it way. JUDGE HENNEKE: Okay. Late bills. Ms. W1LLiAMS: Yes, we have one late bill. I'm sorry I don't have copies for you, but what it is, it's a reimbursement to Judge Henneke for his seminar expenses s-i--u 1 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 19 when he attended the Probate Judges' seminar in Galveston. It's in the amount of $546.50. It's going to come out of Line Item 10-426-486, and there are ample funds in there to cover this expenditure. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court approve a late bill in the amount of $545.50 payable to the County Judge for reimbursement of expenses in attending the Probate Judges' conference. 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. COMMISSIONER WILLIAMS: Judge, I have a question of the Auditor. MS. WILLIAMS: Yes? COMMISSIONER WILLIAMS: Mindy, don't take my comments or questions as being picking on you, 'cause I didn't know you were going to be here this morning; I thought Tommy was going to be here. But I've had telephone calls, and I think you've confirmed there have been visits to your office regarding the recent auction of County -13-U2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1y 20 21 22 23 29 25 20 surplus materials -- MS. WILLIAMS: Yes, sir. COMMISSIONER WILLIAMS: -- and supplies, equipment and whatever. And, from what I understand, there was a dump truck on the approved list that was put to auction, and the auction went forward on the dump truck and the bid was accepted. There was no reserve bid, I believe. MS. WILLIAMS: Not that I know of. COMMISSIONER WILLIAMS: Pardon? MS. WILLIAMS: Not that I know of. COMMISSIONER WILLIAMS: No reserve, so whatever was bid was the high bid. The bid was accepted. The person making the bid was advised that he had received -- he had won the bid, and was instructed on what to do -- MS. WILLIAMS: That's what I understood, yes. COMMISSIONER WILLIAMS: -- to close the deal, and came to the Auditor's office with the proper funds and so forth, I believe is correct, and was told that the truck -- dump truck was removed from the list. MS. WILLIAMS: Actually went -- no, sir. When he came to the office, it was after he had been notified that the dump truck should not have been on that surplus property sale list. It was an error. It was never supposed to be on there. It got on there by mistake; it did 5-13-02 21 f 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not get taken off in time. And he was notified that -- that the truck was not to be sold. He came to our office after that time, and, in fact, I believe it was later that afternoon. COMMISSIONER WILLIAMS: Okay, I stand corrected in that regard. I guess the question is, I'm not sure what the law says about this, if an item is left on -- a bid -- a bid is -- bid is taken and accepted, and then later the item is pulled, is that -- for lack of a better word, is that kosher? JUDGE HENNEKE: Well, that's an issue. The other issue is that this discussion -- this item was not posted on this agenda, so it's something that we will have to -- COMMISSIONER WILLIAMS: We can't take action on it. JUDGE HENNEKE: -- take a look at, come back to at a later date. COMMISSIONER WILLIAMS: All right. We'll dispose of it at a later date, then. I think we need to know. The people, in good faith, had made the bid, and the bid was accepted. MS. WILLIAMS: I'll check on the funding for Budget Amendment Number 1 and give it to you later. JUDGE HENNEKE: Okay, thank you. s-is-o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 22 MS. WILLIAMS: Thank you. JUDGE HENNEKE: At this time, I would entertain a motion to waive reading and approve the minutes of the Wednesday -- Monday, April 22nd meeting of the Kerr County Commissioners Court, and the Monday, April 8th meeting of the Kerr County Commissioners Court. COMMISSIONER BALDWIN: Judge, I have a correction for the Monday, April 22nd. JUDGE HENNEKE: All right. COMMISSIONER BALDWIN: In those minutes, I had -- in the opening remarks, I was talking about cedar eradication and the program going on in San Antonio, and I meant to say G.B.R.A., and it landed in our minutes as U.G.R.A., and I'd like to change the "U.G.R.A." to "G.B.R.A." JUDGE HENNEKE: Any objection? COMMISSIONER GRIFFIN: No. JUDGE HENNEKE: Without objection, that correction is noted. COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: At this time, then, I would entertain a motion to waive reading and approve the minutes of those two meetings as corrected. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. -13-~J 23 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court waive reading and approve the minutes of the meeting of April 8th, 2002, and April, 22nd 2002, as corrected. 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. At this time, I would also entertain a motion to approve and accept the monthly reports as presented. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court approve and accept the monthly reports as presented. 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. All right. We'll turn immediately to the consideration agenda, then. The first item for consideration is consider and discuss 5-1J-ii? 24 1 ,.-,. 2 3 4 5 6 7 8 9 10 11 12 ' .-~ 13 14 15 1 16 17 18 19 20 t 21 22 23 ,.~. 29 25 adoption of the proclamation declaring Mental Health Month in Kerr County for the month of May, the year 2002, and also presentation by Dr. Sam Junkin on behalf of Hill Country M.H.M.R. Dr. Junkin, welcome. DR. JUNKIN: Thank you. Judge, Commissioners, it's been a privilege now for several years to be your representative to the board of the Hill Country Mental Health/Mental Retardation Center. Just very quick background to lead to this resolution that we ask you to consider today. The Hill Country Mental Health/Mental Retardation Center is made up of ten mental health clinics, eight mental retardation centers, six early childhood intervention centers serving 19 counties across this part of Texas. Within Kerr County, Hill Country offers mental health services at the Kerr County Mental Health Clinic, mental retardation services at the Kerrville Special -- Kerr County, pardon me, Special Opportunity Center, and early childhood intervention services. You would be interested in knowing that when we were organized, actually administration was split between Kerr County and Hays County, San Marcos. All services -- administrative services are now being consolidated to Kerr County. During the past year, Kerr County mental health clinics served 1,101 individuals suffering from mental illness in our county or our immediate area. Of -i~-o~ 1 ~.~ 2 3 4 5 6 7 8 9 10 11 12 ,-. 13 1 14 15 16 17 18 19 20 21 22 23 29 .-. 25 25 these, 155 were under the age of 18, which tells you something about our population. Kerr County's Special Opportunity Center served 132 individuals who have mental retardation, and the early childhood intervention program served 83 individuals under the age of 3 who are at high risk for having developmental delays. In total, the Hill Country served more than 1,300 individuals in Kerr County facilities alone during this past year. At the present time, we are doing some renovation that is necessary, and most of our services will soon be fit in the former Ultrafit building over on the other side of the river. The total Hill Country Community Mental $24 million. There are more than 500 employees in this 19-county area. In Kerr County, there are more than 96 employees with a salary base of approximately 2 and a half million dollars, so there is quite an impact for these services in Kerr County alone. In February, the Hill Country expanded services by entering a contract with the Texas Council on Offenders With Mental Impairment for the delivery of services, coordination to juvenile offenders who are suffering from mental illness and have been placed under some form of community supervision. The program is designed to help these juvenile offenders learn how to manage their mental illness and positively to impact recidivism. 5-13 0^ 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 z6 On June 1st, the Hill Country will expand services by entering a contract with the Texas Commission on Alcohol and Drug Abuse to deliver substance abuse services in Kerr County. Initial services will include the operation of a detoxification center for adults and residential facility for male adolescents. Again, it is hard for us to acknowledge, but these are truly devastating problems that we face, and this new service will have a positive impact on that. Throughout our services, we strive to help consumers learn the skills and connect with the local resources that will assist them in coping with their mental condition and help each consumer become as independent and as productive a possible citizen in -- in our area. We've come a long way in the last five years. Some of you know of this history and have kept up with it well. Recently, our center was featured as a case study in the National Journal of Disabilities for a consumer-driven and individualized approach we designed and implemented in the delivery of supported employment services. We also are featured in a chapter of a book entitled How to Deliver Hccountable Care. This chapter discusses the implementation of management and data analysis strategies we use in the Hill Country, and the resulting improved quality, efficiency, and cost-effectiveness of services to local consumers. And recently, Linda Parker, s i~ ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 our chief executive officer, whose official title is Executive Director, was featured as a presenter in a national symposium, National Behavioral Health Care Conference, which was held in Chicago at the end of March. Again, her presentation focused on the utilization of management strategies and data analysis for the delivery of high quality, cost-efficient services. It is fair for me to defer at this point to Linda Parker. She has given us almost unbelievable leadership as we have sought to become much more cost-effective in the way we deliver services, always to focus on the good of those who are being served, those in our population whom we recognize to be some of the most at-risk and the least able to help themselves. We come to you today -- Mrs. Parker is here with me. We come to you today to present you a resolution to be considered. Nationally, this is Mental Health Month. Now, actually, you will remember that we serve not only mental health, but mental retardation and early childhood services, so mental health is only one part of it. But, nationally, this is Mental Health Month, and we ask you to consider this resolution. Judge, I'd be happy to read it, if you wish. I think you have copies, but if you wish, I will read it for you quickly, or if you just wish to consider it as it is presented. 5-1~-0~ 28 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 JUDGE HENNEKE: All the Commissioners have copies of the proclamation. I believe we can just go ahead and consider it. Does anyone have any questions for Dr. Junkin or Ms. Parker? DR. JUNKIN: Come stand up here with me, hold me up. JUDGE HENNEKE: Welcome, Linda. MS. PARKER: Thank you. JUDGE HENNEKE: At this time, I'd entertain a motion to approve the proclamation naming the month of May as Mental Health Month in Kerr County. COMMISSIONER GRIFFIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court adopt a proclamation naming the month of May as Mental Health Month in Kerr County. Any other questions or comments? COMMISSIONER BALDWIN: I have a comment I'd like to make. I remember seven or eight years ago when we were getting this ball rolling out in the community, they -- they made a promise that they would put forth great efforts to serve the alcohol and drug abuse folks, and you're finally getting to it, and I appreciate that so much. That's the biggest problem we have in our country today, and -- and, really, my point is -- is that you've kept your s i~ oa 29 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 word, and I appreciate that very much. MS. PARKER: Thank you. DR. JUNKIN: We're excited about this new adventure, although we must always remind ourselves that mental health/mental retardation are the two central foci. And this -- this new initiative with alcohol and drug abuse must not detract from those others, but can add to it. And what we find is that so many of our clients are dual-diagnosed -- is that the right word? They not only have mental impairment or some sort of mental difficulty, but also have drug and alcohol abuse, and so we'll be working at it directly. We have an official copy of the proclamation, Judge. I'd just give it to you. MS. PARKER: I would like to thank the Commissioners Court for giving us Dr. Junkin. He's been a true leader and a great supporter, and also someone that listens when there are a lot of problems and I need a shoulder to lean on. So, thank you very much for appointing I him. JUDGE HENNEKE: You're welcome. Any other questions or comments? We probably need to officially adopt the proclamation. All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) 5 ld 0' 30 1 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 JUDGE HENNEKE: Motion carries. MS. PARKER: Thank you. DR. JUNKIN: Thank you. JUDGE HENNEKE: Thank you very much. Next item for consideration is Item Number 2, consider and discuss status of Sheriff's Department radio project and the approval of the remaining leases. Sheriff Hierholzer. SHERIFF HIERHOLZER: I think you helped put this one on the agenda this time. I'll start out by saying two of the leases have already been signed, and that's the two with L.C.R.A. that were signed a few months ago. But these last two leases have involved a little bit more, as the Judge knows, and Tom Pollard helped on it, and I think one of the other sides intend to get Scott Stehling to work on it, and just -- there's just been pretty good involvement in trying to get these done. And it is imperative that we get them done quickly, and as I found out last week from Dailey Wells, they said that at the end of this month, if we do not have them done by the end of May, that the infrastructure costs on this system is going up 15 percent. So, it is something that we need to get finished and get rolling. I mean, we've been working on them since last October, when the whole system was approved, and it's just -- it -- I think the Judge may agree with me that it's been more of getting all the attorneys together and finally s-1~-~_ 31 i 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 having us sit down. And you've got the lease with the phone company and then you've got a sub-lease with the landowner, and the same thing out west. And I think the Judge told me the other day that you do now have the -- the leases in place, and he knows what the costs are. I haven't read them yet. And see if we can get this approved and get the ball rolling. This was our final hurdle of getting Dailey Wells to actually start the implementation of the system. COMMISSIONER WILLIAMS: What constitutes infrastructure costs that would be subject to 15 percent increase? SHERIFF HIERHOLZER: Fifteen. COMMISSIONER WILLIAMS: I said 15. SHERIFF HIERHOLZER: I don't know. Okay? That's just what they notified me. They just called and said the infrastructure costs would be going up 15 percent just due to everything. You know, not just us; it's just that cost on it. JUDGE HENNEKE: Anyone have any questions? Basically, what we're doing here is we're leasing space on two radio towers owned by Five Star Cellular, one out west and one in Center Point. SHERIFF HIERHOLZER: Right. JUDGE HENNEKE: And I think we're going to pay $2,000 a year to Five Star Cellular for each of those 5-i3-az 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 1/ 18 19 20 21 22 23 29 25 32 towers -- tower sites. On the west, as additional consideration, they've asked us to build a caliche road and a fence for access to the site. In the east, the underlying landowner has asked for a $2,500 signing bonus and $250 a month additional rent. SHERIFF HIERHOLZER: The only additional equipment we had to use is, the one out west, under the original considerations, we were hoping to be able to use the same building out there that the phone company uses, but after the meeting with the phone company, what they do is those are prefab buildings, and if they decide they don't need their building at one site, they just go in with a crane, lift up the whole building and move to it a different site. And if they were to have allowed to us put our equipment inside that building, it would have tied down that building forever on that site if they ever wanted to move it, so they wouldn't allow to us do that. So, you had a building on that one. COMMISSIONER LETZ: Are these amounts within the -- I guess, the amount that we had in the project bid? JUDGE HENNEKE: The only -- well, these amounts were not included in the -- in the bid, because these are separate from what Dailey Wells is doing. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Now, we will have to pay for 5-13-02 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11 22 23 24 25 the additional building out west. We'd have to find the money for that somewhere. Originally, the -- the lease payments for the two tower leases was going to be $4,500 a month, but since we have to put the building out west, Scott Parker and his company backed off of that one $500 a month, so it's down to $4,000 a month for the leases for the actual use of the towers, and it's going to be an additional $3,000 for rent for the use of the eastern land. So, it's going to cost us a little more -- the annual cost is going to be $7,000, as opposed to $4,500, so we went up $2,500. We will point out that we're using the L.C.R.A, towers at no cost. For three years? SHERIFF HlERHOLZER: Three years, I believe is what's in those leases. The only thing, the building itself, just to give you an idea, they've got to put a building also on the east end, but that's in the bid pack, 'cause that site never had a building. And Dailey Wells' bid cost on that building, I think, was $6,000. It's not that -- you're not talking a $20,000 building or anything. It's just a concrete sealed building with its own electricity and heating and cooling system to keep all the equipment operating. COMMISSIONER LETZ: Where's the's tower? Where is that located? SHERIFF HIERHOLZER: Just about across from 5-13-G2 34 c 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 Starlite out there. COMMISSIONER LETZ: Okay. SHERIFF HIERHOLZER: It's a smaller tower. The four towers that will end up being used are that one across from Starlite, the one phone company tower out west off Highway 41, the large tower -- L.C.R.A. tower off Cypress Creek Road at Red Rose Ranch, and then the other L.C.R.A. tower, which is the one we're currently using, the only tower we currently have, which is off of Upper Turtle Creek Road. COMMISSIONER BALDWIN: My only question is this one sentence in here, I just want to make sure we're all saying the same thing. Kerr County to construct road and fences. Does that mean that we will contract someone to go in and build a road? Or will County-owned trucks and tractors go in and build roads? JUDGE HENNEKE: I think the contemplation is we'll see if we can get Road and Bridge to do it. And this is legal, because we have a lease and an easement into the tower. We're not constructing a private road for someone's individual benefit. This is for our use in maintaining the tower site, and also construction. SHERIFF HIERHOLZER: The part on that is, that entrance where that tower is is currently the main entrance to that ranch, and you have to wind around and get -1~-c, 35 1 r-+ 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 down to where the tower site is, and the tower site's actually fenced off. If you go straight from Highway 41 through a corner of their property, it's about a 100-yard road right there. A11 -- and it's already fenced on one side, which is the corner of the property, and it just has to be fenced up the other side, so you're talking about -- estimate about 100 yards of high fence, and all they wanted was just caliche put down in between, just so you could get in and out of there. And then they're going to refabricate the chain link fence around the tower itself, to move the gate getting into the chain link part from where it is currently to that site. We're not doing that. COMMISSIONER WILLIAMS: This -- this extra $250 per month to the landowner goes -- goes on so long as we're on the tower? JUDGE HENNEKE: Right. COMMISSIONER WILLIAMS: Or the lease. COMMISSIONER LETZ: Move we approve the two remaining leases that are before us today. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court approve the leases and license agreements for the remaining two towers and authorize County Judge to sign same. Any questions or comments' -i? n 36 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 ~4 25 SHERIFF HIERHOLZER: Last comment. Some of y'all may wonder why we hadn't used or didn't opt to use the tower on the Hall ranch out there. There were some unforeseen costs once Dailey Wells came up and studied it, and Trott Communications also looked at that. That tower has to be brought back up into compliance, which is either repainting that -- stripping and repainting that 300-some-foot tower, or putting the lighting -- the new lighting system on it that's required by F.C.C., and the lighting system itself would be $15,000. I think it would probably be at least as much, and it was -- they wanted to deed the tower itself over to the County, but the property and the building still remained on ownership with the Halls, and we're also going to get a lease -- a rental -- monthly rental fee on it. And Trott also told me that most towers -- they said there's some exceptions; some of them up around New York are still there after 70 and 80 years, but the tower life of most towers themselves is about 45 years. That tower on the Hall site was constructed in 1968, and it was more of a cable TV tower than a microwave-type tower. JUDGE HENNEKE: We have a motion and second on the floor. Any other questions? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. 5-13-02 37 i-. 1 .-. 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 1/ 18 19 20 21 22 23 24 25 (No response.) JUDGE HENNEKE: Motion carries. All right. Next item, Item Number 3, consider and discuss authorizing the Sheriff's Department to apply for a Tobacco Compliance Grant through Texas Comptroller of Public Accounts to purchase LCD data projector, laptop computer, and digital camera. SHERIFF HIERHOLZER: I think y'all got most of the backup that goes along with this. You know that our department is very aggressive in -- progressive in applying for grants to come up with things. Since we have S.R.O. officers and D.A.R.E. officers in each of the schools -- in your backup, up it says that there's one officer that will go to D.A.R.E. school this summer. He graduates this week, and so he will be our third D.A.R.E. officer, which is also down at Center Point. And each of those officers, they -- they'll be teaching D.A.R.E. classes, and the one at Tivy also teaches a law enforcement class in that school. This grant idea was brought to us by one of the superintendents in the school that recommended we try and do it, and what it is, is -- is just for updated equipment, being -- being the LCD projector and laptop computer hooked to it so that they can teach those lesson plans, and especially the -- the tobacco and alcohol plans in a little bit more vivid method to all the kids in the school districts than just standing s-13-0 _' 38 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up at a podium and handing out brochures and things like that. So, I don't know whether we'll receive this grant or not, but I agreed that it was an excellent idea to apply for it to upgrade those technologies. So, I'm asking y'all to apply. There's no matching funds or anything else. It's just a grant we'll get. COMMISSIONER BALDWIN: I move we approve the Kerr County Sheriff's Department applying for the Tobacco Compliance Grant for the -- from the Comptroller of Public Accounts. COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court authorize the Kerr County Sheriff's Department to apply for Texas Compliance Grant from the Texas Comptroller of Public Accounts. 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. Item Number 4, consider and discuss reallocation of leftover funds in the Capital Outlay in order to purchase a computer for Personnel Office. s-1?-Gz 39 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 SHERIFF HIERHOLZER: What this is, is this year alone -- of course, the Sheriff's Office has been out there since '70 -- I mean '96. A lot of our computers are going down. A lot of the computers that we had were from the old county system from back when we were over here, and then the former Sheriff switched over to that LEM system for a while, and we are having several computers with serious problems. Several of them are just totally out. We had i seized three computers right before I took office, which had been awarded to us. We have already put those computers to use, even though some of them are a number of years old. They're used in our booking area. Still, we had to kind of rob Peter to pay Paul. We took one of the computers out of our officers' squadroom to put into the Personnel Office at this time. I have even -- I replaced a home computer that I had at my house, and I donated the one I did have to our office, so that it's also being used. We don't need fancy, high-dollar computers. We just need computers that will tie into this Ableterm system. What I'm asking, we had some unexpended funds of over 2,000 -- or $2,092 in Capital Outlay we did not use because we got a little bit cheaper break on some things when we actually bought them. But all I'm asking is that we be able to go to Walmart or wherever and buy one computer that will be compatible with our system, and I would 5 13-u _' 40 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 15 17 18 19 20 21 22 23 29 25 definitely expect it to be way below $1,006 to -- to put into that Personnel Office. COMMISSIONER LETZ: This -- you said -- or told me earlier that this is a replacement for a computer that went down? SHERIFF HIERHOLZER: The one in the squadroom we changed over into this. We've had several go down that I haven't ever come, and so we've been just kind of relocating. So, yes, if you get around to it, it is, because the one in the -- in the Personnel Office we had to move to another location to replace one that went down in there. So, it's -- it is, Jonathan, it's a replacement. We're not adding more computers to our system. We've lost several, and next year we're going to have to seriously look at -- look at some computer problems. We're trying to go more and more computerized so that we get away from this paperwork that we have in all these file cabinets. COMMISSIONER LETZ: Only thing -- I mean, I -- you've convinced me to go along with this, even though I wasn't keen on it early on, but you mentioned going to Walmart. I know you were just saying Walmart; I think you really -- SHERIh'F HIERHOLZER: I meant that. COMMISSIONER LETZ: -- you need to get with Shaun. And I -- 5 13-0.' 41 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 la 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: I was going to say the same thing. COMMISSIONER LETZ: I think we need to make -- I mean, buying the cheapest isn't always best when it comes to computers. We need to get computers that will work with our system, and he can build them, I believe. Didn't he build one recently? COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: Very, very clever, and probably much better. COMMISSIONER GRIFFIN: Beauty of working it through Shaun -- and I'm totally in favor of the request, but the beauty of working it through Shaun is that you will insure compatibility with the Ableterm system, and you'll be able to make sure that he knows what's there, so that if there is maintenance required, I would -- SHERIFF HIERHOLZER: Right. COMMISSIONER GRIFFIN: -- highly recommend that you do that. SHERIFF HIERHOLZER: Well, Shaun knows that. He works -- he's got one of our computers right now that was down, that I hope to get back pretty quick, because he's had it over a week now. But we're still doing that, and we do work with him, and he understands. He's been out there a lot in the last few weeks. 5 13 ~~2 42 /'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 COMMISSIONER GRIFFIN: You may be able to end up with a lot more computer for the same money. SHERIFF HIERHOLZER: It's just the ones they had gone to before when they were replacing computers, in my opinion, they were spending two to three times what you need to spend on a computer. I just want to get away from some of that. So -- COMMISSIONER BALDWIN: Rusty, did I hear you say the reason you have money left over in your Capital Outlay is because of smart shopping throughout the year? Or why do you -- SHERIFF H7ERHOLZER: Yes. COMMISSIONER BALDWIN: -- why do you suddenly have some money left over? SHERIFF HIERHOLZER: Well, some of it was when we equipped the cars, you know, we got into the Capital Outlay with the car equipment and the new cars. We used some old equipment. We also got better prices on some of the newer equipment, and then Tommy realigned some of this stuff after the budget to where some of the equipment maintenance came out of different line items and in different areas than I thought it was originally going to come out of, okay? And, in doing his realignment, it's dropped some of my line items a little bit lower than what I'd like to see, but it left some in other places, too. 5-13-u 43 1 2 3 9 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 2I 22 23 24 25 COMMISSIONER BALDWIN: Okay, thank you. Not that I like what I just heard, but that's good. You've obviously been -- you're a smart shopper, saving the County money. I appreciate that. SHERIFF HIERHOLZER: Well, like I said, we do -- we try and do a lot using seized computers. I've used one from my house. I mean, just trying to do that, but we are at a point in those computers that we've had out there, that we're going to -- I'm going to have to seriously look at replacing quite a few computers in the upcoming budget year. Then I'll probably come back, 'cause there's some other things with seven years out there now. I had three cameras go out last week in the jail, and there's no funds. So, next budget -- COMMISSIONER BALDWIN: We'd better vote; it's getting bad. SHERIFF HIERHOLZER: Yeah. JUDGE HENNEKE: Do we have a motion? COMMISSIONER GRIFFIN: Yes, I'll make the motion that we approve the reallocation of Capital Outlay funds to purchase a computer and computer equipment for the Personnel Office in the Sheriff's Department, with the proviso that that be coordinated through Shaun, to -- SHERIFF HIERHOLZER: Sure. COMMISSIONER GRIFFIN: -- to make sure we're 5-13-02 44 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 getting the best bang for the buck. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court authorize reallocation of leftover funds in the Capital Outlay budget for the Sheriff's Department in order to purchase a computer and computer-related equipment for the Personnel Office in the Sheriff's Department. COMMISSIONER BALDWIN: Judge, usually we actually put an actual number in the -- when we're transferring, we actually put an actual number. Are we saying here that we're transferring the remainder of the Capital Outlay funds, everything over? JUDGE HENNEKE: This is actually not a transfer. It's just adding a computer to the approved list of -- COMMISSIONER GRIFFIN: We don't have to come back as a budget amendment, right? JUDGE HENNEKE: No, because he's got the money in his budget. Just do the line item. SHERIFF HLERHOLZER: All we're going to do is whatever the computer costs. It won't be that -- COMMISSIONER BALDWIN: I see what you're saying. You're just adding the computer to the -- to the Capital Outlay line. s-i3-oz 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 19 20 L1 22 23 24 25 JUDGE HENNEKE: Yes. 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. SHERIFF HIERHOLZER: Thank you. JUDGE HENNEKE: Thank you, Sheriff. Item Number 5, consider and approve the final development plan for Cedar Ridge Mobile Home Park, Precinct 1. Franklin? Commissioner Baldwin, I guess. COMMISSIONER BALDWIN: Franklin. You were right the first time. MR. JOHNSTON: Actually, when this was put on the agenda last Tuesday, I was out of town. The owner came in and requested it. Subsequently, I inspected the site, and it's not ready for my approval yet. I think we'll pass on this till such time. COMMISSIONER BALDWIN: Okay. And I'm glad you're doing that; it would save me to do it. I'm having a hard time understanding why -- why we do it this way right here, and I guess we need to sit down and have a visit about it. But if, in your letter to Mr. Barney here, you're telling him that the detention and drainage structure needs to be constructed, the roads -- something needs to happen to -13 ~i? '-- 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 1a 19 20 21 22 23 24 25 46 the roads, something needs to happen to the signs, U.G.R.A., Headwaters, and the 911 and telephone, on and on and on and on, I would rather see all that done before it even comes in here. I mean, you're coming in here with a letter that's saying you need to go do these things. Pick up a phone and tell him to go do those things, and then I'll take it to Commissioners Court. MR. JOHNSTON: Like I said, there's a misunderstanding, 'cause I wasn't here to really put it on the agenda. He came in and it was -- COMMISSIONER BALDWIN: Okay. MR. JOHNSTON: -- it was put on. COMMISSIONER BALDWIN: I'll let that go, then. I'm not going to let it go next time. COMMISSIONER LETZ: I agree with Commissioner Baldwin's point. We need to look, 'cause we have not -- is this the first? The first that we've dealt with development plans, and in visiting Headwaters, they had some confusion with it as well. We need to look at that and figure out -- maybe get a different routing slip or something when it comes to these development plans, because these are not plats. They come to us one time for one approval, and -- and, Franklin, I'm not even to the fee structure; I'm not sure there's even authority for the fee structure. I'm not thinking of looking at that, but anyway, these are -- it's 5-i3-02 47 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different than a subdivision plat. MR. JOHNSTON: It is different. COMMISSIONER LETZ: And a different part of the Code that we qet our authority to do it, so it's a -- we probably need to work through a, you know, format. COMMISSIONER GRIFFIN: I think there's a -- and a broader issue is -- is that I would personally like to see these -- anything, subdivision plats or whatever, not come to the court until you are ready to recommend approval. Or that there is an issue that cannot be resolved between you and the developer or whatever, and that you need to bring that to the court for resolution, and that that would be the only two times we would see anything, preliminary or final, but that it not come to Court until you're satisfied that all of the -- MR. JOHNSTON: And it wouldn't have -- COMMISSIONER GRIFFIN: -- your matters have been met and you're ready to recommend approval. Because id's sometimes a little contusing to me when you -- we have it on the agenda, you get to the podium, and I'm wondering, is FLanklin in favor of it or is he not? And I would just like to have it where, when it comes to the -- when it's on the agenda, either you have said that -- you have told us -- MR. JOHNSTON: Right. COMMISSIONER GRIr'r'iN: -- implied to us that 5 13-0' 48 1 2 3 4 5 6 7 8 y 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2J it's ready for your approval, or that I can't handle this, and you guys are going to have to do it. MR. JOHNSTON: Right. COMMISSIONER GRIFFIN: That's the only two times I'd like to see them. JUDGE HENNEKE: Before we go to the next agenda item, though, on a larger issue, there was a lot of talk not too long ago about the Court being opposed to manufactured homes, and that we adopted the State's manufactured home infrastructure requirements because we didn't like manufactured homes and we wanted to stop growth in the county, and I'm glad to see that we have the first one that's worked its way to us. It's just a process. It's I not a bias, it's a process. It's a process designed to protect the people who live in manufactured home rental communities, so I'm glad to see that the lie has been put to that allegation and that we have the first one that's actually made its way to us. Okay. Let's move on to Item Number 6, consider the preliminary plat for Hidden Hills Two in Precinct 2. Commissioner Williams. COMMISSIONER WILLIAMS: Mr. Johnston. MR. JOHNSTON: This one goes with the next agenda item. In fact, it may be easier to do 7 first. This one depends on a road that's being considered in Number ~. We can do this one and then kind of consider them both at 5-13-03 99 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the same time. JUDGE HENNEKE: Okay. Well, let's go ahead and call up Item Number 7 simultaneously, which is consider the preliminary revision of plat for Hidden Hills, Precinct 2. Explain them both together. MR. JOHNSTON: Right. Item 7 extends a road -- a private road called Hidden Hi11s Ranch Road, as indicated on the plat. I don't have a total length on it; it's half a mile or so, with a cul-de-sac in the existing Lot 11. And Lot 11 is broken up into three lots, being 25 acres, 30 acres, and 92 acres, and it's served by this I road addition. JUDGE HENNEKE: So, we're being asked to approve the preliminary plat and then to approve a revision to the preliminary plat; is that correct? MR. JOHNSTON: There is a revision to the existing subdivision, Hidden Hills. The next one is actually property adjacent to it. That would be -- JUDGE HENNEKE: I see. MR. JOHNSTON: -- incorporated into Hidden Hills. 1 think that's the procedure. And the adjacent property will be -- have access off this road that we're approving now. JUDGE HENNEKE: Does anyone have any questions regarding these two? 5-i~-n~ 50 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 MR. JOHNSTON: Don Voelkel used the wrong terminology here; he used "replat" instead of "plat revision". That will be taken care of. COMMISSIONER WILLIAMS: What is the proper terminology? COMMISSIONER LETZ: Revision of plat. COMMISSIONER WILLIAMS: Revision of plat. That's what it says on Number 7, revision of plat. JUDGE HENNEKE: Okay. Does anyone have any questions? If not, let's -- MR. JOHNSTON: It's called a plat revision. I guess we'll have to set a public hearing for the final plat for the rest of it. JUDGE HENNEKE: Let's go, first of all, with Item Number 6, consider the preliminary plat for Hidden Hills Two in Precinct 2. Do we have a motion to approve the preliminary plat for Hidden Hills Two in Precinct 2? COMMISSIONER WILLIAMS: So moved, Judge. COMMISSIONER GRIFFIN: Second. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Griffin, that the Court approve the preliminary plat for Hidden Hills Two in Precinct 2. Any questions or comments? If not, all in favor, raise your right hand. -13-ri 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 51 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Item Number 7 is consider the preliminary revision of plat for Hidden Hills in Precinct 2. COMMISSIONER WILLIAMS: Does this -- this doesn't require a public hearing, does it? It does? MR. JOHNSTON: It's a plat revision, yes, sir. COMMISSIONER WILLIAMS: Okay. What date are we looking at here? Notifications have to go out, so we're looking about the first meeting in June? COMMISSIONER LETZ: Second, I think. COMMISSIONER WILLIAMS: Second meeting in June. The date of that would be? JUDGE HENNEKE: 24th. COMMISSIONER LETZ: I think that's right. MS. SOVIL: 24th. COMMISSIONER WILLIAMS: 24th. I would move consideration of the preliminary revision of plat for Hidden Hills Subdivision in Precinct 2 and set a public hearing for same for the Commissioners Court meeting on June 24th, at 10 a.m. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner s i9-uz 52 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Williams, second by Commissioner Letz, that the Court approve the preliminary revision of plat for Hidden Hills Subdivision in Precinct 2 and set a public hearing for same for 10 o'clock a.m. on Monday, June 24th, Year 2002, here in the Kerr County Commissioners Court. MR. JOHNSTON: Might also want to add that the -- all the owners in Hidden Hills have -- have amended their covenants and restrictions so that the people in Hidden Hills Two, since that's an addition to the subdivision, can use this road as access. COMMISSIONER WILLIAMS: Okay. MR. JOHNSTON: That's on file. JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's see if we can't go ahead and get Item Number 8 in before we have the public hearing. Consider the final plat of Cutoff Business Park with the following variances: Lot size, drainage, utilities installation, driveway intervals, Precinct 4. Commissioner Griffin. COMMISSIONER GRIFFIN: Yes. And the Court will remember that this is one that we had -- we've had 5 13 0' 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 S several times on the agenda, but the last time, I think there were two or three issues that needed to still be addressed, and I assume those have been -- MR. JOHNSTON: I think the maintenance Letter of Credit was not present that last time. I think that has now been presented. I think a copy is in your agenda. COMMISSIONER GRIFFIN: And then we had agreed to the variances and that sort of thing, but had not taken a vote. MR. JOHNSTON: Everyone on the mylar has agreed -- has signed off except the -- the City of Ingram. It's been through their City Council, and they have a little memo they sent out that -- that they've approved it subject to the Commissioners Court approving it and approving the agenda -- the variances. So, it's a chicken-egg deal going on here. Is the mayor of Ingram here? The mayor was supposed to come today to sign it. I guess we can approve it subject to their signing it. JUDGE HENNEKE: What did get resolved on the drainage issue? MR. JOHNSTON: We had a letter from the engineer that designed it, said it was installed or is designed. I think that settles that question. JUDGE HENNEKE: It was installed or designed, but does it -- the issue of the runoff -- - 1 3 ~ 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JOHNSTON: Well, it runs into a public waterway, Nichols Creek, and then it runs into the river. And his study indicated it wouldn't really raise the floodplain in that area or actually change -- COMMISSIONER GRIFFIN: That was -- the critical issue on that was that it would not raise the floodplain in the area when we signed off on that. MR. JOHNSTON: Our rules say the actual runoff through a subdivision should -- should be decreased due to water impoundment. This one did have that, but it didn't really increase it; it just kind of went through. That's what the variance is all about, 'cause to really meet our rules, it would have had to reduce to it 80 percent of the -- from the pre-construction to the post-construction. COMMISSIONER GRIFFIN: Which I never quite understood. MR. JOHNSTON: That's what the variance is about. COMMISSIONER GRIFFIN: So, I would move that we approve the final plat of Cutoff Business Park with the four variances that we had discussed earlier, and authorize the County Judge to sign same. COMMISSIONER LETZ: Second, with a comment. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court approve s-i~- ~. 55 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the final plat of Cutoff Business Park in Precinct 4 with a variance as to lot size, drainage, the location of utilities, and the spacing for the commercial driveways. Commissioner? COMMISSIONER LETZ: My comment is, our Subdivision Rules really don't contemplate commercial developments in the county, and the revision we're looking at, we talked about modifying that a little bit, and we'll bring that up at the public hearing. So, while we're granting the variances here, I think after we do the subdivision review, it will kind of explain why -- or why we did that, because these need to be looked at on a case-by-case analysis. Using the rest of our subdivision rules as a guide doesn't make sense, because there are different types of developments, so I think these various issues will be addressed in the modification of the subdivision rules and discussed at the public hearing. JUDGE HENNEKE: Any other questions or comments? MR. JOHNSTON: Do you want to add anything about signing -- or have the Judge sign it after the mayor signs it, City Council -- JUDGE HENNEKE: Our procedure is that I'm the last signature, so we've approved it. Once he -- once he signs it, then I'll sign it. So, any other questions or 5-i3 oa 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. At this time, we will recess the Kerr County Commissioners Court meeting and conduct a public hearing concerning the abandonment of Pier 5 Drive in Precinct 4. (The regular Commissioners Court meeting was closed at 10:04 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: Public notice of this hearing has been given three times in the past three weeks, pursuant to an application of the owners of property for the abandonment of Pier 5 Drive South in Kerr County. Anyone wishing to address the Court on the issue of the abandonment of Pier 5 Drive in Precinct 4 may come forward and do so at this time. MR. TERRELL: Morning. My name's Tom Terrell. I represent Mr. and Mrs. Wardroup and Mr. and Ms. Mertl. And this is Mr. Simpson here? MR. SIMPSON: Yes, sir. MR. TERRELL: All right. I think we can cut this short, gentlemen, by announcing that the parties are in agreement. Is that correct? 5-13-n2 57 1 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. SIMPSON: Yes, sir. MR. TERRELL: And that, generally, the agreement is the parties have gone out on the ground, have marked a place right here -- is this right? MR. MERTL: Where the road turns -- MR. TERRELL: Right here. MR. MERTL: Yeah, that's it. MR. SIMPSON: At the end of his fence there, right. MR. TERRELL: Everybody agree on that point? Okay. Anyway, they have agreed that -- this is the Mertl property -- that a line can be drawn from this corner of the Mertl property eastward across the road. Mr. Simpson owns all this in here, and that this portion north of this line -- that would be -- that way can be discontinued and abandoned, but that the application as regards the lines south of that Cade Loop would be denied, and its existence as a dedicated public road would continue in effect for that south portion. COMMISSIONER BALDWIN: If my memory serves me, that's what the good Commissioner from Precinct 9 suggested to happen. COMMISSIONER GRIFFIN: Well, and actually, I'm going to compliment all of the people -- COMMISSIONER BALDWIN: If you don't take the -i~-~~~ 58 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 credit, I am. COMMISSIONER GRIFFIN: Well, I'll take the credit. But the people involved got together and -- and they came up with a workable solution, and that's the way it ought to work. And I applaud -- COMMISSIONER BALDWIN: I agree. COMMISSIONER GRIFFIN: -- everybody concerned. And I think that -- that what we'll have to do is, when we come out of the public hearing, is we're going to have to probably come up with a way to get this legally defined. But, I appreciate everybody's effort on it. MR. TERRELL: In this connection, in fact, I have drafted a document called a Roadway Deed and Agreement, which is only an agreement between the parties. I've also done a little rough draft and order to Commissioners Court, which I guess I should give to Mr. Motley here. COMMISSIONER GRIFFIN: We may want to defer that -- Judge, you may. JUDGE HENNEKE: We're in a public hearing now. We need to MR. TERRELL: All right. JUDGE HENNEKE: Is there anyone else who'd like to address the Court on the issue"? Mr. Simpson? MR. SIMPSON: I just wanted to clarify that this would not affect our ability to be able to -- as it is, 5 1'-02 59 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's an entire subdivision that we've bought. It's subdivided into 12 lots. And, in case we did want to still sell a lot, that abandoning that public road is not going to reduce our ability to do so, is it? COMMISSIONER GRIFFIN: No, it stays -- stays as a private road. MR. SIMPSON: So it's just going to be a private road; we'll still be able to sell a lot if we need to, so people have an easement down to it. That's my only question. JUDGE HENNEKE: Anyone else who'd like to make any comments during this public hearing regarding the issue of the abandonment of Pier 5 Road'? COMMISSIONER LETZ: I have a comment on Mr. Simpson's point, though, and Mr. Terrell may want to respond. In the agreement that -- whatever you draft to abandon it, it needs to stay a road. You don't want to abandon it to the point that there's not a road there any more. If you're considering at some point -- if you eliminate that access completely and then you need to give a right-of-way to someone, that right-of-way's going to trigger having to replat that subdivision. MR. SIMPSON: I don't want to have to do that. COMMISSIONER LETZ: YOU need t0 make Sure 5-13-02 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 2 S that you're -- maybe through agreement. I'm not sure that you're -- you know, the abandonment language, be very careful that there's some sort of a right-of-way or something there still. COMMISSIONER GRIFFIN: Not vacate the -- COMMISSIONER LETZ: You're not vacating. COMMISSIONER GRIFFIN: Not vacating it. It's abandoning. MR. TERRELL: The problem -- I agree, we need some language where he reserves it as a private road. JUDGE HENNEKE: By definition, it will be a private road if we abandon it as a public road. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Any other comments during the public hearing? If not, we will close the public hearing and reconvene the regular scheduled 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.) DODGE HENNEKE: The next item for consideration is Item Number 10, which is to consider changing the status of Pier 5 Drive from public to private. Commissioner Griffin. COMMISSIONER GRIFFIN: Yeah. And this is - 1 3 - ~ 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 L S where I think we probably need to get the help of the County Attorney, perhaps, because we are either -- as I understand the statute, we're either shortening the road or we're abandoning a portion, and I think it may be able -- we may be able to do that either way, but I think we probably need to make sure we have the language right for that order. And perhaps what Mr. Terrell has written would be a good starting point, but I would like to get the County Attorney's review of that to make sure we're doing it in accordance -- MR. MOTLEY: The idea is that they're just going to abandon the maintenance of the road? The County's going to abandon maintenance? MR. MERTL: You don't maintain it. COMMISSIONER GRIFFIN: It's not a county-maintained road. What we're going to do is abandon it as a public right-of-way, as according -- according to the agreement that was reached. We've abandoned the public right-of-way, but we are not vacating it as a road. We still maintain -- I just want to make sure we get that right in the language of the order. And -- MR. JOHNSTON: Might need a survey to get a legal description of what part we're talking about. COMMISSIONER GRIFFIN: Exactly. So there may be more to this than meets the eye, is all I'm saying, and I 5-13-G2 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 62 think we need to make sure -- we just need to defer this to perhaps the next meeting to act on that order, to -- to make sure that everything is correct. JUDGE HENNEKE: Well, either that, or we go ahead and -- and -- MR. MOTLEY: I thought it was just right at the property line, what they were talking about, putting a gate further north, and then south of that point, leaving it as-is. MR. TERRELL: We have a defined corner of the Mertl property, then just go east. I don't think we need the expense of a survey. JUDGE HENNEKE: Okay. Well, I think everyone understands where we are. When we have the proper documentation, we'll bring it back to court for the official order changing the status of Pier 5 Drive from the agreed upon point north into the Simpsons' property from public to private, but continuing it as a road. Okay? COMMISSIONER GRIFFIN: And, David, I'll get with you with some of the other backup that you may not have. MR. MOTLEY: MR. TERRELL: regular meeting? JUDGE HENNEKE Okay. Well, will that be at the next We'll shoot for that, yes, 5-13-0' 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 63 sir. COMMISSIONER GRIFFIN: You bet. JUDGE HENNEKE: All right. Next item is Item Number 11, consider and approve road name changes for privately maintained roads in Precinct 2. COMMISSIONER WILLIAMS: Judge, these are names submitted and obviously approved by the landowners, property owners. They're private. They comply with the 911 guidelines, and I would move their adoption. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve road name changes for privately maintained roads in Precinct 2. For the record, the existing road name of Reagan Lane East is being changed to Kindred Trail East. That's in the Elm Pass II subdivision. And the unnamed road 3012 East is being changed to Purple Star Drive East. 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. Item Number 12, consider and discuss request by the Pipeline Group to reduce the current charges for use of the Ag Barn at last s i3 0_ 64 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 year's cost. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes, sir. As you see in the note in the -- in the packet, I'd received a phone call from the Pipeline Group that has been coming into Kerr County for a number of years and putting on classes that I understand some of our local volunteer fire departments go to, and I understand that some of the Road and Bridge -- Kerr County Road and Bridge Department goes to, and it's safety courses on things that are underground, underground facilities. And they come in and they teach all of those classes free of charge, and also provide a meal for all those that attend. And -- and we're all invited, as well. But their request is -- and I'm sorry, I don't know what the -- what the price is for this year, but last -- last year, their request is that -- that we go back to last year's prices, which was a $172 rental fee out there. COMMISSIONER LETZ: My only comment is -- is from a -- to make it easier, to me, we ought to either waive all the fees, or they go to the 25 percent or 75 percent reduction. I mean, trying to set different fees for everyone, to me, is -- COMMISSIONER BALDWIN: Well, that's fine. I don't think that that's a big deal. COMMISSIONER LETZ: But, I mean, if it's serving county fire departments, volunteer fire departments s-i~-~z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 65 and our County staff, I think we should waive all the fees. I don't think we should charge anything, really. I mean, but I think I am opposed to having a -- different than our scheduled fee. I think we can adjust the category they go into, but I don't think we should create a new structure just for one entity. COMMISSIONER WILLIAMS: I agree. COMMISSIONER BALDWIN: I'm -- I'm sure that that would be fine for them. I think that was just their first thought, is let's go back to what -- you know, we're willing to pay what we did last year. I don't know that, but -- COMMISSIONER GRIFFIN: What does it take to get into the 75 percent? COMMISSIONER WILLIAMS: 75 percent may give them a break -- may give them a better deal. COMMISSIONER LETZ: It would just be a nonprofit, but not Kerr County. Kerr County is free, but nonprofits use it at 75 percent reduction. Isn't that right, Bill? JUDGE HENNEKE: Is Pipeline Group a nonprofit? COMMISSIONER LETZ: It's not a nonprofit. To me, it's more in the category of county use, personally. COMMISSIONER BALDWIN: Franklin, does your s i~-=_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66 organization use -- go to this function? MR. JOHNSTON: They do. COMMISSIONER BALDWIN: Uh-huh. And some volunteer fire departments, I don't know who else. Those are just two entities. MR. JOHNSTON: They prevent people who do underground -- do excavation from digging the pipes or phone lines or that type of thing. COMMISSIONER BALDWIN: City telephone company, all those. Letz needs to go to it. COMMISSIONER GRIFFIN: Well, it -- I agree, it's a good cause and we probably need to take a hard look at that. If it's -- if it's benefitting our employees and volunteer fire departments, et cetera, perhaps we should -- they should be in the category of having the fee waived. Does that make sense? COMMISSIONER BALDWIN: It does to me. Let's try that in the form of a court order and see what happens. (Laughter.) COMMISSIONER GRIFFIN: I move that we waive the fee for this group. COMMISSIONER BALDWIN: I'll second that motion. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court 5-13-02 .-~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 L J 24 25 67 waive the fee for the use by the Pipeline Group of the Hill Country Youth Exhibition Center for a safety program regarding underground facilities to be held on August 6, Year 2002. 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. COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Gentlemen, at this time I'm going to suggest we take our break. COMMISSIONER BALDWIN: I'm with you. JUDGE HENNEKE: And reconvene at 10:35. (Recess taken from 10:20 a.m. to 10:35 a.m.) JUDGE HENNEKE: We'll reconvene this regular session of the Kerr County Commissioners Court. The next item for consideration is Item Number 13, which is consider and discuss bids received and award a construction contract for the 2002 T.C.D.P. Wastewater Project, Phase I, in Kerrville South. Commissioner Williams. COMMISSIONER WILLIAMS: Judge, in your absence on Thursday, we had a commission -- special Commissioners Court meeting at which we accepted the bids 5-13-02 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 68 that were submitted for the Kerrville South sanitary sewer project, T.C.D.P. Contract 721075, which would be for the construction of Riverhill sanitary sewer bypass and the Rolling Green lift station abandonment. I have correspondence here from Tetra Tech, Inc., engineer on this project, and they are recommending -- let me read it into the record, the three -- the three bids. Compton Enterprises bids a total of $301,355, which is a base bid of $221,675, and additive alternative number 1 of $79,680. D.W. Contractors bids on the base $191,140, and on the additive, $110,470. And M.B. Bender Company bids on the base $260,113.5, and on the additive, $154,160. The engineer on the project recommends that the low bidder, Compton Enterprises, L.L.C., with a base bid of $221,675 and an alternate additive of $79,608, for a total bid of $301,355, be -- that the bid be awarded to Compton Enterprises in the total amount of $301,355, and I so move. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court award the bid for the Kerrville South sanitary sewer project, T.C.D.P. Contract 721075, Riverhill sanitary sewer bypass and Rolling Green lift station abandonment, to Compton Enterprises for a total bid of $301,355. COMMISSIONER LETZ: Comment. Just -- s-i3-oz 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 69 Commissioner Williams reading all those numbers, I don't know if everyone is aware how close those bids were. Compton's won that -- won their bid by $255. And $255 on 300 -- over $300,000 bid is a pretty close bid. Pretty competitive. COMMISSIONER WILLIAMS: You bet it is. JUDGE HENNEKE: 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, Item Number 14, consider and discuss amending the Kerrville South construction fund budget to provide funding not to exceed 56,200 Tor attorney's fees to develop the regional wastewater treatment contract between the U.G.R.A. and the City of Kerrville, with any unused funds to be returned to the construction fund. CUMM15SlUNER WILLIAMS: This has been -- Judge, this has been reviewed by the Grantworks folks, who say this expense is an appropriate expense. It is for the attorney's fees to draft the contract between U.G.R.A, and the City of Kerrville for the treatment of the effluent that comes from this project. And, as this item says, if all of that $6,200 is not used, the remainder would be returned to 5-i~-nom 70 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 the construction budget fund. I so move. (Discussion off the record.) COMMISSIONER BALDWIN: I'll second the motion. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court amend the Kerrville South construction fund budget to provide funding not to exceed $6,200 for attorney's fees to develop the regional wastewater treatment contract between U.G.R.A. and the City of Kerrville, with any unused funds to be returned to the construction fund. 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, Item Number 15, is to consider and discuss authorizing Grantworks to submit the 2001 T.C.D.A. Comprehensive Plan to the Office of Rural Community Affairs for their review, concurrent with the County's final review of the documents. Commissioner Williams. COMMISSIONER WILLIAMS: Last Thursday also, Judge, in your absence, there was some discussion about designation of Silver Creek Estates -- and that was the only one referenced in those discussions -- being categorized in -i3-°= 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~1 the plan as a colonia. And I asked the Grantworks folks present to take a look at that and come up with some suggestion as to how we can accommodate the concerns of the folks who live in that particular area. This morning, when I cleaned out my e-mail box, I had an e-mail from Mr. Hartzell of Grantworks, who is present today and will speak on this issue also, and it says, We can designate certain marginal, quote, unquote, colonia areas such as Silver Creek Estates, Quail Run, Fawn Run, so forth as, quote, potentially eligible rural subdivisions, unquote, instead of colonia areas. It would serve the purpose of differentiating between these areas and those with serious identified needs, such as Kerrville South, Blue Ridge, Wood Creek, Hill River, et cetera, while still giving the County the flexibility it needs in using grant funds at some future date for those areas if and when we determine to do so. We can also simply eliminate certain areas from the plan if the Court wishes. To be honest, part of the reason we left in the more marginal colonia areas was that we had information on housing, land use, drainage, water, et cetera, et cetera, et cetera, and figured it would be useful for the County and U.G.R.A. to have it for future reference. This brings us back to the previous idea of renaming the marginal areas to something which would be less offensive. It also goes on to 5-13-0 72 i 1 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 say that, Be advised that we can make any changes prior to court on Monday. I don't think we lose face by reevaluating our designations, since several colonia areas do not fit the public image very well, despite meeting the H.U.D. definition. Mr. Hartzell, would you like to expand on that, please? MR. HARTZELL: Sure. Gifts, as well. COMMISSIONER WILLIAMS: Box of stuff. MR. HARTZELL: Oh, yeah. Yeah. My name Eric Hartzell of Grantworks in Austin. This is Robin Sisco from Grantworks also. Thanks for having us here today. Yeah, I heard from Dave Tucker, who was present on a different issue at the last meeting, about the issue, and so that was my response to the Commissioner. I have a -- have you had -- oh, she's handing it out to you, great. Within the handout that Robin's passing around, there's a little bit more explanation of what this particular grant program, the Community Development Block Grant program, considers to be a colonia area. It's sort of a similar situation to the term "rural." Every program, every agency, every entity has a different definition for what is rural. Colonias have multiple definitions, depending on which program you're talking about. The way that the C. D.B.G., Community Development Block Grant program, defines Colonias is on the s-i3-~~ 73 .-~ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 second page of the handout: An unincorporated community with 10 or more housing units with density of at least one unit per three acres in the developed area, and it is thought to have a low to moderate income population of at least 51 percent. That can be verified through census data, or it can be verified prior to a construction project through a door-to-door survey. Then the other criteria would be a significant portion of substandard housing, or lacking centralized water or sewer service. And these are the areas, again, that are the most likely to qualify for grant assistance from the Colonia Fund or the Community Development Fund or any of the other programs that are out there for water and sewer. COMMISSIONER WILLIAMS: Eric, let me interrupt for a minute and ask you a question. What are the benchmark numbers for low to moderate income? MR. HARTZELL: The benchmark income numbers for low to moderate income are -- man, I don't have that with me. 1 believe in Kerr County, a family of four is 533,000, maybe a little bit higher than that. COMMISSIONER WILLIAMS: Okay, thank you. MR. HARTZELL: Yeah. COMMISSIONER GRIFFIN: If I might interrupt again, Eric? MR. HARTZELL: Yeah. s-13-02 74 1 ~^ 2 3 4 5 6 7 8 9 10 11 12 ~.. 13 i 14 15 I 16 ` 17 1 18 19 20 21 22 23 .-- 2 4 25 COMMISSIONER GRIFFIN: That "or" -- 'cause I went and looked this up, too, after our last meeting. That "or" in there is a big conjunction, because if you just lack centralized water or sewer services, and low to moderate income, 51 percent, that meets the definition. It doesn't have to have substandard housing. MR. HARTZELL: That's correct. COMMISSIONER GRIFFIN: Quote, unquote, substandard, which I know concerns some people. And so it's -- it's -- if you have a colonia designation, it doesn't necessarily mean that that area even has substandard housing -- MR. HARTZELL: That's correct. COMMISSIONER GRIFFIN: -- necessarily. MR. HARTZELL: It means it qualifies for the grant programs. COMMISSIONER GRIFFIN: grant program, that's correct. COMMISSIONER WILLIAMS Eric. It qualifies for the Okay. Thank you, MR. HARTZELL: Okay. Then -- so what we did is, on certain areas such as Silver Creek, and I believe there are three other areas that we redesignated after looking at the data, these areas have the density and they lack the services, but they are -- they don't have the 5-13-n2 1 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 75 housing problems that Commissioner Griffin -- Commissioner Griffin mentioned, and so we redesignated those areas as potentially eligible. They would require a -- they may have qualified for assistance at some future date, but they would require a door-to-door survey of incomes before any kind of project would be able to go forward there. And that was sort of in anticipation of -- of what had happened at the previous meeting, and we went ahead and made that change already. COMMISSIONER LETZ: You made -- or in your e-mail, I guess, you mentioned a different definition or a different term -- different terminology. MR. HARTZELL: Yes. COMMISSIONER LETZ: What's the terminology again? MR. HARTZELL: Potentially eligible area. I couldn't think of a good one. That was about as close as I could get without -- COMMISSIONER WILLIAMS: A P.E.A. MR. HARTZELL: A pea, there you go. I -- it's an area that's not a colonia, but it's possibly eligible for some of these programs. COMMISSIONER WILLIAMS: So, you have made those modifications to the Kerr County plan? MR. HARTZELL: Yes, we have. 5-13-u 1 ..., 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 zl 22 23 29 25 76 COMMISSIONER WILLIAMS: And I guess your -- your summary sheet, then, would reduce it from the previous summary you gave us where you identified 15 potential areas. Now you're identifying 13, and you're saying there are four potentially eligible areas. MR. HARTZELL: Right, there are 13. Because at the workshop that was held with the U.G.R.A. and the Commissioners Court about two weeks ago, two and a half weeks ago, there were two additional areas identified by, I believe, one of the Commissioners? Yes. And these areas were, indeed, qualified -- qualified for the program, and so those were added. So now we have a total number of areas -- total areas of 17, four of which we've redesignated as potentially eligible, and 13 of which remain definitely eligible. COMMISSIONER WILLIAMS: All right. COMMISSIONER LETZ: If we were to find additional areas or pockets or something happens, can we add -- how hard is it to amend -- MR. HARTZELL: Easily. Very easy to amend the list. This is not an official designation by the Court or by the State. It's a working document that can be modified at any time. It can be -- it's used for reference. COMMISSIONER LETZ: Can we use the other terminology everywhere, or do we have to call the other ones 5-i3-02 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77 colonias? And the reason -- only reason is that it is an offensive term to some people. And -- MR. HARTZELL: Yeah. It's a -- it's a Colonia Plan funded from the Colonia Program, so it would be kind of hard for us to get away with it. We could -- what we could do possibly is, we'll turn in -- what we turn in to the State for their review could use that terminology that they require, and then we could come back later and modify the language in the County's plan. COMMISSIONER GRIFFIN: This may be something we want to take up with Harvey, and say that -- you know, that, how about working on this next time around and just come up with a different name? It -- MR. HARTZELL: Yeah. COMMISSIONER GRIFFIN: -- would work. MR. HARTZELL: An either/or name, maybe. COMMISSIONER LETZ: I think whatever's in the State plan should be in the County plan. I'm not in favor of having -- just to make it like we're not calling something -- either we're calling .it or not calling it. COMMISSIONER BALDWIN: I tell you, this "potentially eligible," those words really give me goosebumps. It makes me so happy, it feels good. (Laughter.) MR. HARTZELL: Great. 5-13-0' I .-~ 1 Y 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 ~s COMMISSIONER BALDWIN: That's all we're doing here. MR. HARTZELL: Right. Right. COMMISSIONER BALDWIN: We're feeling good. MR. HARTZELL: It's semantics. COMMISSIONER WILLIAMS: Playing Dr. Feel-Good. COMMISSIONER BALDWIN: Yeah. And goosebumps -- this is goosebumps words, sure. MR. HARTZELL: Sure. The whole point of the plan is to identify those areas that may be eligible for assistance -- might need the assistance and might be eligible for the assistance. COMMISSIONER BALDWIN: I understand. JUDGE HENNEKE: Is the review by the Office of Rural Community Affairs a requirement of the grant? MR. HARTZELL: Yes. That's the order -- yes, it's a requirement. It's the final stage. Their -- what they will do is, they will review to make sure that all the elements are in place. They won't review it for content, per se. JUDGE HENNEKE: What is the benefit of submitting it for review by the Office of Rural Community Affairs before the Court accepts and approves the final document? 5-13-02 79 1 .-, 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HARTZELL: Because you can do that concurrently. And what will happen is, at the very end, after you've done your review and the State has done its review, any changes can be made at once, and then it will come to you for final approval with the State's -- the State's changes would be structural, or, "You didn't address this requirement of your contract." It's not going to have anything to do with your content. I'm more worried about content with the Court and structure with the State, so I want to make sure that we make all corrections at once. JUDGE HENNEKE: All right. COMMISSIONER GRIFFIN: Saves from us having to do it twice, I think. COMMISSIONER WILLIAMS: Can I amend the -- well, I'll make a motion which would amend a couple things, and see if this will do it. That we authorize Grantworks to submit the 2001 T.C.D.A. Colonia Comprehensive Plan as amended to the Office of Rural Community Affairs for its review prior to the County's final review of the document. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Griffin, that the Court authorize Grantworks to submit the 2001 T.C.D.A. Comprehensive Plan as amended to the Office of Rural Community Affairs for their review prior to the County's s-ia-u2 80 1 ,-~ 1 f 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 zo zl 22 23 24 25 final review of the document. Any questions or comments? COMMISSIONER LETZ: Eric, are you sure that you added the ones -- well, I assu me that you -- the ones -- the two that I brought up. MR. HARTZELL: The Blue Ridge -- Blue Ridge, I believe, wa s one. It's be tween Ingram and Kerrville. COMMISSIONER LETZ: No, that's not mine. MR. HARTZELL: That wasn't yours? There was one over by C omfort. COMMISSIONER LETZ: The one by Comfort. MR. HARTZELL: Yeah . COMMISSIONER LETZ: And -- okay. There was another one o ver near that, halfwa y between Comfort and Center Point, too. I'm not sure - - over there where the old, uh -- MR. HARTZELL: There were two areas north of Center Point'? COMMISSIONER WILLIAMS: I think I had identified one of those. COMMISSIONER LETZ: Where the old rodeo arena used to be, back behind Calvary Temple Church. COMMISSIONER WILLIAMS: Behind Calvary Temple Church? I didn't identify that one. MR. HARTZELL: I don't remember that one. What's the exact location? And we can go look. 5-13 02 i 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 81 COMMISSIONER WILLIAMS: About halfway between Comfort and Center Point, there's a little church there called Calvary Temple Church. COMMISSIONER LETZ: Behind there on the north side of 27, Nickerson Farm. It's -- MR. HARTZELL: It's off of Highway 27 on the north side behind the Calvary Temple Church? COMMISSIONER WILLIAMS: There's a road there. MS. PIEPER: Nickerson Farm Road. MR. HARTZELL: Nickerson Farm Road. MR. JOHNSTON: I think the road is Nicks Road. MS. PIEPER: Oh, yeah. COMMISSIONER WILLIAMS: You'll check that out? MR. HARTZELL: Yes. Eighteen areas, then. Okay. Yeah, we'll go check right now. JUDGE HENNEKE: Before we vote on this, we have a request by Mr. Lewis Cosby to address us on the issue. Mr. Cosby, are you in the courtroom? MR. COSBY: Yes, sir. JUDGE HENNEKE: Come forward, please, sir. MR. COSBY: Morning, gentlemen, and thank you for allowing me to speak this morning. And I wanted to tell you thanks for this. I appreciate it. Commissioner -13-02 82 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 Williams, thank you. Mr. Hartzell, thank you also, sir, for taking another look at this. I appreciate that. And, as long as we can -- as the newspaper -- I'm sure they're here; both newspapers are here. If they'll get the word out, that will make me feel a lot better about my property values if I decide to sell something. But, again, thank you very much. JUDGE HENNEKE: You're welcome. Thank you, Mr. Cosby. Any other questions or comments? If not, 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. Seeing Ms. Mindy in the audience, did you have an answer for us on that first -- MS. WILLIAMS: I think I do. JUDGE HENNEKE: We're going back here, gentlemen, to Budget Amendment Number 1, which was for the Commissioners Court in the Professional Services area, if y'all want to turn to that. MS. WILLIAMS: I was able to look at the budget, and I talked with Rusty Hierholzer. I believe that we will be able to move money out of his Jailers Salary line item. He's had a few positions that he's not been able to fill for a while, so he has a surplus there. The amount 5-13-0. 83 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 that we need to move out of his line item, which is 10-512-104, would be $7,957.87. That covers the two that are on his department. And I also found that we have moneys left over from our independent audit. We have a $700 balance left over. I'd like to move $161.10, which will cover the other item, the -- I believe it was Nancy Cavazos, deductible. And that line item is 10-409-900. Those two items together come up to $8,118.97. COMMISSIONER LETZ: Nancy Cavazos? MS. WILLIAM5: Yes, sir. COMMISSIONER LETZ: I know -- I thought the name was -- COMMISSIONER BALDWIN: His mother. COMMISSIONER LETZ: Oh. COMMISSIONER GRIFFIN: Good work, Mindy. MS. WILLIAMS: I tried. COMMISSIONER BALDWIN: Judge, I'd like to make a motion that we approve that suggestion. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 1 as outlined, and those funds identified by the Auditor's office. Any questions or comments? If not, all in favor, raise your right hand. s-i~-oz 84 1 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 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carried. MS. WILLIAMS: Thank you. JUDGE HENNEKE: Thank you, ma'am. The next item is Item Number 16, which is a public hearing on the proposed revi sions to the Kerr County Subdivision Rules and Regulations. We're a bit early on this one, so before we actually conv ene the public hearing, perhaps Commissioner Letz has some introductory comments he'd like to make. COMMISSIONER BALDWIN: Stand up in your chair, Jon, come on. COMMISSIONER LETZ: Only introductory comments I really have on this is, I think we've -- the Commissioners have all seen the revisions. They've been announced to the public to look at, as well. And I approached it a little bit different than the way we do something in our public hearings; I did not put an action item on the agenda. We'll do that at our next meeting. I really wanted -- because this is a confusing document and there's lots of very small changes, I wanted us to have an actual completed, revised document that we vote on, as opposed to hoping we get everything incorporated into it. But, other than that, I really don't have any comments. _-z3-o~ 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 85 There's a few additional ones that I can either talk about now that are pretty minor scope, one of them being the commercial subdivision that we didn't really talk about earlier, but that is my -- my copy adds language there. And I really just want to get the public hearing over with so we can receive comments. I don't think we're changing anything of substance, really. COMMISSIONER GRIFFIN: I have a question. Can you sort of outline for us, in two minutes, sort of the broad areas that have been changed, like commercial subdivisions, just so that we get a flavor for -- and the public can get a flavor for what's in there? COMMISSIONER LETZ: What's changing? COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: Well, let's do the Water Availability Requirements first. That's -- these are in order also; it's part of the public hearing and the revisions. There, we're just making some name changes regarding Headwaters and cleaning up -- cleaning up some language on the number of connections. And the other change that we have not talked about before this is under sufficiency of water, and the language there came up due to a meeting I had with Cameron -- actually, no, with Cameron's board members out at Headwaters. And it was -- our language says a well is deemed to be sufficient -- I'm 5-i3-viz 86 1 ~- 2 3 4 5 6 7 8 9 10 11 12 .-. 13 ~ 14 ~ 15 ~ 16 ~ 1 17 18 1 19 20 ' 21 22 23 ,.-, 24 25 paraphrasing -- if it produces 8 to 10 gallons per minute. And the discussion was, is it 8 or is it 10? So, let's just 10 gallons per minute will be sufficient or -- or not. So, that's something -- more of a clean-up type thing. I don't know why we put that range in there originally. On the Subdivision Rules, themselves, the -- under commercial driveway, which is one we talked about this morning, we currently have language regarding condominiums, land developments, cluster homes or cluster developments, and I just -- I just added to that paragraph commercial subdivisions, and we'll delete commercial subdivisions everywhere else in the rules, because I just don't think -- I think you have to look at each commercial subdivison independently. That will mean that we will, you know, not definitely have rules for commercial subdivisions, which is probably good, considering we had to grant four variances to get one through this morning. And I think -- and that we'll put some other language in that same provision that we will use as a guide. The rest of the Subdivision Rules, we're not throwing them out the window for these other special-type developments, but we're going to have to look at them on a case-by-case basis. Another major change is on the certifications s-i~-n, 87 1 .-~ 2 3 9 5 6 7 8 9 10 11 12 .-. 13 19 ~ 15 16 17 18 i ~ 19 20 ' 21 22 23 ..-~ 29 25 by Headwaters and by U.G.R.A. And we're pretty much only asking them to look at the plats that they need to look at. Right now, they're pretty much reviewing all plats. And, from a Headwaters standpoint, if -- you know, the only time they will look at a subdivision is if there's a question on water availability, basically, interpreting well information, or let's say public water system with less than 16 connections. Other than that, they're not going to look at it. It's going to be deemed that if it has -- if it meets our Subdivision Rules and has the acreage exemption requirement, water availability, they don't need to look at it. I think that will save time, and also save developers money. Every time one of these goes to one of these agencies, it's a $25 or different fee. And similar with U.G.R.A. and the on-site -- or our Designated Representative, Stuart, and the on-site sewage facilities. They're really not going to look at that many of them, unless there is less than 5-acre subdivision tracts. If it's a 5-acre minimum, they don't individually have to go out and look at each plat -- each subdivision. There would be language added to each plat that just puts on notice that prior to construction, the owners are required to, you know, meet with our -- or be in compliance with our on-site septic, but they don't look at it ahead of time. Floodplains will still go through Stuart Barron, our -i~-oz 88 i 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 representative on floodplains. That will be because of the, I guess, legal requirements there. And the other area of major improvement or major -- I hope it's improvement, is putting in an alternate plat approval process. It's kind of going back to what we used to call a minor replat or a minor plat. And I think there is room for this when we read the State rules. And it basically says that if you're doing a subdivision with less than four lots, it can come to the court one time. There's not a preliminary and final; there's just a final. And this would also apply for a revision, if you're just making a revision that's only affecting four plats or four lots or less. MR. VOELKEL: No, is it four lots or less, or under four lots? I think less. COMMISSIONER LETZ: Less than four lots. MR. VOELKEL: So, actually three lots. COMMISSIONER LETZ: Three lots or less on both of those. And the same thing, revision. They can come to the court at one time, but the revision still will have to have the public hearing if it's required currently. That's something we can't waive if it's a State requirement, but it should make it a little bit easier. And also, I might add that it's not mandatory. If the Commissioner of the precinct wants it to come for a preliminary, if there's 4 i3 v 1 .-. 2 3 9 5 6 7 8 9 10 11 12 13 ~ 14 15 16 17 18 19 20 21 22 2i 24 25 89 some kind of request that's a little bit strange, the of each precinct's option. Just some modifications to the routing slips, that kind of -- and that's something that, really, when we're finally complete with the revisions and they're approved by the Court, I'll get with Truby and we'll go through, make all those routing slips, you know, comply and work with the -- the rules. And I think the -- there's a question on cattle guards that we talked about earlier. I -- from relooking at it, I think our language is pretty good on cattle guards, I think. But on some road cuts and some depths, we may look at that, try to make it a little bit more uniform; probably raise to it 30 inches, because I think utility companies require about 30 inches instead of the 36 that we require. That's pretty much it. JUDGE HENNEKE: Okay. At this time, we will recess the Kerr County Commissioners meeting and open a public hearing on the proposed revisions to the Kerr County Subdivision Rules and Regulations, as very quickly outlined by Commissioner Letz. (The regular Commissioners Court meeting was closed at 11:04 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 anyone who would s i~ az 90 1 .-, 2 3 9 5 6 7 8 9 10 11 12 ,,., 13 1 19 15 16 17 18 ` 19 20 21 22 23 .-. 24 25 like to address the Court on the issue of the proposed revisions to the Kerr County Subdivision Rules and MR. VOELKEL: My name is Don Voelkel, and I just had a -- a question of -- you mentioned the routing slips and all, how you're trying to tackle them, and I think it's a good thing we've been doing these. I have a question about the way -- I didn't notice anything in here changing the preliminary/final plat, as far as the processes and all, and maybe I've been misinformed over the years. The way I read the regulations and the routing slip for final plat, you have to make the application, submit the plats, get all the signatures on the routing slip, and you have to submit it 30 days before the meeting, and that's what it says in the Subdivision Regulations. And the Subdivision Regulations on the preliminary plat, it doesn't say 30 days; it just says submit them to the -- to the Road and Bridge Department. And in the past, we've gotten those in -- and it used to say seven days, I think, on the old routing slips, but somewhere it just changed to 30 days. And I was trying to submit the one I had this April. Actually, it was going to -- I had 5-1~,-ez 91 1 ~.. 2 3 4 5 6 7 8 9 10 11 12 .-- 13 ~ 14 15 16 17 i8 19 20 21 L 2 23 .-. 29 25 it on for -- tried to get it on the first or second meeting in April, and Truby informed me, "No, it has to be 30 days. You have to wait 30 days." And I said, "Well, that's not in the Subdivision Regulations, I know it says it on the routing slip." And I said, "Why do we have to have 30 days a]1 the -- you know, the signatures gotten and everybody reviews it, but I didn't understand the 30 days for the preliminary. And she said, "Well, we have to have notification." I said, "Well, I'm notifying everybody. I`m taking the routing slip around; I'm getting all the signatures, delivering plats to everybody. I don't understand why it has to be 30 days." That was my question, and I didn't see anything in this that specifically addressed that, and I think it's a confusion from what it used to be to what evidently is now on the routing slip. And I didn't know if that's something that came from y'all, or it -- I don't know why that 30 days came in on the preliminary, and -- and that's why I wanted to discuss it, see if y'all felt the need for 30 days before each meeting. Because this shifted us with -- we should have been getting final approval sometime in May to June 24th, and what -- and the reason I'm mentioning this is, my clients are time-sensitive, money-sensitive. Time is s is-uz 92 1 2 3 4 5 6 8 y 10 11 12 13 19 15 16 l7 18 19 20 21 22 23 24 25 money, and they -- if they have to wait an extra month, it just costs -- my clients have -- they haven't sold anything out here, but they have people lined up to buy these, just waiting on the approvals. And I just wanted to get y'ap's opinion on it. COMMISSIONER BALDWIN: I'm with you on the -- I'm with you on the preliminary. The -- I don't understand why we would have this long time frame. But on the final, 1 do. MR. VOELKEL: Right, and it's in the regs that way. COMMISSIONER BALDWIN: Need to dot all the 1's, cross all the T's, make sure everything's done properly. But I agree with you on the first one. MR. VOELKEL: And I think -- this is my opinion. That's why I wanted to bring it up to y'all. i don't see the need for 30 days, especially when it's on us to notify everybody in the first place. Once we get all the signatures and everything -- and it used to have seven days on the original routing slips, that I -- I don't know if -- if they were in place for when Frank came in, or the ones that originally came up. We had to get the -- submit it to them seven days prior to the pre-meeting, and then before the meeting make sure that he gets all of the -- the routing slip with all the signatures. And then, all of a sudden, -~3-a 93 1 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 zl 22 23 24 25 the 30 days showed up on the routing slip, and I didn't really know anything about it. COMMISSIONER LETZ: I think we -- I don't -- Road and Bridge, as I recall, when we had our committee -- MR. VOELKEL: Yeah. COMMISSIONER LETZ: -- several years ago, it was changed at that point, because seven days was too much for Road and Bridge. I mean, it depends on how the seven days fell. It was too quick, and it was just changed to 30 days, as I recall, just because that's what we did on the other one, on final plat approval. I think it needs to be -- and I don't have any problem with going with a shorter time at all. I think it's -- you know, as long as Road and Bridge can get it done reasonably in a shorter period. It takes a week to get it on the agenda, so, I mean, one week gone just to get it on our agenda. COMMISSIONER GRIFFIN; What I was thinking while -- while we`ve been talking is that -- is that -- and, Franklin, I'd like to hear your opinion on this, but I think, like, 10 days on a preliminary might be enough, because you -- you just need to review it and make sure that all the paperwork is there. We're going to get a shot at it during the preliminary -- or during the discussion on the preliminary plat, so maybe something like 10 days would work. And then, because there is this is built-in week just 5 1 3 V 2 94 •-- 1 2 3 4 5 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to get it on the agenda, which is -- that would leave maybe three or four days for -- MR. JOHNSTON: Well, if you think about it, if you have 10 days, that only gives us three days actually to look at it. COMMISSIONER GRIFFIN: That's what I'm saying. COMMISSIONER WILLIAMS: Say 10 working days. Then you've covered it. MR. VOELKEL: Well, but once I get it to him 10 days prior, he still has 10 days. It's not like he ends his review in three days. COMMISSIONER GRIFFIN: That's right. MR. VOELKEL: He still has the full 10 days. COMMISSIONER GRIFFIN: All I'm saying is, preliminary plat, if you had it 10 days in advance of the court meeting that it's proposed for the preliminary plat, that would give you three days to make a quick review, "Yeah, it looks pretty good," and you've still got the rest of the week to say, Hey, make sure you got the letter, or the -- whatever it is that may be required. I think maybe 10 days would be workable for a preliminary, and then the 30 days for the final, COMMISSIONER LETZ: Okay. So -- COMMISSIONER GRIFFIN: Does that sound s-i? o 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 reasonable, Franklin? MR. JOHNSTON: Yeah. I think the problem also we're having is we -- it didn't give us time to get feedback from -- you know, if there were any from U.G.R.A. or Headwaters. Any of the other groups involved, you know, couldn't turn around that fast and actually make a comment. COMMISSIONER GRIFFIN: That's the reason I say, for getting a preliminary plat on the agenda, you could go ahead, if it looks like it to you and in your judgment that it's going to be okay, to get it on the agenda. If things don't work out over the next -- that 10-day period, when it comes up on the agenda -- that's what I'm talking about, when you stand up and say, "We didn't get there on this one. We're going to have to put it off another session." MR. JOHNSTON: However, you said this morning you wanted my approval before it went on the agenda. COMMISSIONER GRIFFIN: Well, what -- what I'm saying is that on a preliminary plat, if you can't get all the squares -- 99 percent of the time, I think you will on the preliminary. MR. VOELKEL: I think some of the onus needs to go to not just me and Lee, but all the surveyors, to -- don't get it to Frank unless you think it's ready to go. And there's always little minor things, like I had that -- -13-02 96 r 1 2 3 4 5 6 7 8 9 10 1I 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 instead of "replat," I should have "revision." That's things we can fix in the next 30 days, you know. We've got a lot of time to fix it. COMMISSIONER GRIFFIN: Sure. MR. VOELKEL: But it should be the onus on the surveyor to say, "Hey, don't take it to Frank unless you expect it's going to be pretty close," And we have all the regulations. I mean, it's something -- we're getting to the point where we're getting pretty close. It's just some minor little things. COMMISSIONER GRIFFIN: Most of those preliminary plats, I think you could look at, and in realtime, and say, "Partner, it ain't ready," you know. "Bring it back when have you so-and-so and so on." It's -- MR. JOHNSTON: Right, and that works well with the Voelkels and local surveyors that know the routine, but we get some in from -- you know, a guy from San Antonio or Houston or someplace. COMMISSIONER GRIFFIN: Mm-hmm. MR. JOHNSTON: Boerne. COMMISSIONER GRIFFIN: And those, you may have to make a decision right then, "I can't do it in 10 days. Therefore, it ain't going." MR. JOHNSTON: Maybe there's some discretion in how long we can take. 5-13-C2 97 ,~ 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 MR. VOELKEL: But give the local surveyors 10 days. (Laughter.) COMMISSIONER GRIFFIN: We11, but the thing is, the guideline is 10 days minimum. Now, if there's something that's critical, you know, then maybe it may take longer. MR. JOHNSTON: Could be real complicated to say, "Wait a minute, we need time to look at it." I think there's some discretion time in there. We might need to -- MR. VOELKEL: But the thing is, if you go with the 30, then you don't have any discretion, and Frank can't look at this and -- COMMISSIONER LETZ: The rules don't say 30. The rules don't have a date. MR. VOELKEL: Right, it's just the routing slip, and I don't know where that -- if it's part of the rules by the fact it's in there, but that's what I want to hopefully clarify. MR. JOHNSTON: Period of time as -- you know, as determined by the County Engineer or something. Give them a chance to look at it. If it's simple, it can go right on through. If it's complicated, I want to take more time to evaluate iY_. COMMISSIONER GRIFFIN: Right. And on the -i~-o, 98 1 `I r 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 routing slip, it says a minimum number of 10 days. JUDGE HENNEKE: Eleven. COMMISSIONER GRIFFIN: Eleven days, okay. Well, now we're negotiating. But, anyway, with the point that there should be a way of -- in the preliminary platting process, of sort of speeding this process up a little bit so we can at least get to the point where we can start doing the dirty work on it. MR. VOELKEL: And then you still have the 30 days. MR. JOHNSTON: Back when it was seven days, what they would do is bring it, you know, on Tuesday. It went -- or Monday, when it went on the agenda. And, you know, totally -- we didn't have any idea what it was, and then all we had was the rest oP the week to try to figure out what it was, and sometimes we couldn't do that. MR. VOELKEL: I think the 10 days or 11 would be better than the seven. COMMISSIONER LETZ: I really think 14. And the reason I say that is, I'm trying to get -- I just think -- I just -- there's a lot going into these, and it's a preliminary. When it comes to the Court for the preliminary approval, we're pretty much setting what's going to be -- what the subdivision's going to look like, and there's a lot of drainage issues and looking at the topography, I mean, 5-13-0 _' 99 f 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 all kinds of things that Franklin needs to look at. And I think also -- you know, I just think we need to give Road and Bridge or Franklin ample time to look at it, and a week should be enough. But I think that Franklin -- if it's a certain situation, I think it's at his discretion when it gets on. MR. JOHNSTON: I think 14 days minimum, or determined by the County Engineer. COMMISSIONER GRIFFIN: Most of the time, the ones that you are processing -- and particularly the local Yolks know what's going to be on there. If the stuff on the routing slip is not done, it can't get on. You know, you just kick it back, and most of the time they're there. MR. VOELKEL: That's -- I just wanted to throw that out, because it just seemed like something that would be more workable, and, like, leave it up to Frank. If it's a -- you know, lot of streets going in, lot of drainage infrastructure, he might want more time than 14 days, and I don't have a problem with that. But the minor ones are what I think would be a lot simpler to -- if we use that. JUDGE HENNEKE: But what we should do is make it a minimum number of 14 days, and then make it clear, though, that when it goes on the agenda is up to the discretion of the County Engineer. COMM155IONER GRIFFIN: Mm-hmm. 5-13-0.' 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2~ MR. VOELKEL: Yeah. JUDGE HENNEKE: So we don't have a situation where somebody drops one that's, you know, 2,000 acres and 700 lots -- MR. VOELKEL: Right. JUDGE HENNEKE: -- on Franklin 14 days in advance, and says, "No, it says it will be on the next agenda." Give him the ability to -- to hold them off while he takes a look at it. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: Minimum of 14 days, but with some discretion as to when it actually goes on the agenda. Any other comments regarding revisions to the Subdivision -- MS. PIEPER: Judge, I have a suggestion. Wrien the developers know that they're having revisions of plats, if they can bring in addresses of the landowners at that point, it would be a lot helpful. COMMISSIONER GRIFFIN: A revision of plat? MS. PIEPER: So we can do the public notice and notify all the landowners by mail. JUDGE HENNEKE: That would probably be something really worthwhile. MS. PIEPER: And if you still have the fees in there, that needs to be taken out as well. COMMISSIONER GRIFFIN: That's right. -13-U2 101 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: On original revision of plat, the -- add language that the addresses of all -- MS. PIEPER: The names and addresses of all the landowners of the subdivision be brought to court at that time. MR. VOELKEL: Yeah, submitted with the preliminary plat. She asked me this morning to get those for the ones I had. I told her I'd take care of that. If it's part of the regulations that I have to bring them in, she doesn't have to keep asking us for it. JUDGE HENNEKE: That's a good idea. Good, timely issue. COMMISSIONER GRIFFIN: That will save some time also. MR. VOELKEL: Right. JUDGE HENNEKE: Any other comments? COMMISSIONER LETZ: I have one. More of a question, really, to Franklin, and also the Voelkels, 'cause they're both here. Concept plans. It seems that those -- you know, I don't get very -- I don't get any of them any more, and for a while we were getting them. Is that something that we should delete, or put a requirement that if tYiey're a certain size only? And a lot of the subdivisions we've been getting recently, they've been probably less than 10 lots, anyway. Probably less than 5-13-0_ 102 1 2 3 4 5 6 7 8 y 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 that, a lot of them, and probably no reason for a concept plan. Would it be helpful to put a -- tike, if it's a subdivision of 10, 15 lots or more, then we do have a concept plan; if it's less than that, we don't need one? Or do we need one at all? MR. JOHNSTON: 7 think we need the idea of a concept plan. I think some of them -- some large subdivisions, it's probably a good idea to do it. Some of them are just kind of -- you know, people want to do something that kind of doesn't fit the rules, and I'd rather bring it in here, talk to the Court about it, you know, before they go to the expense of doing the actual survey on it. MR, VOELKEL: On behalf of the -- we tell our clients that's the first step. And I know we've had several of them -- I think Bill, I think Larry, we've had some in there. I think it's a real effective tool, because it lets the -- I make the owner come in, because they're there and they can ask questions and then -- and then Franklin or the Commissioner can ask questions of them. I think it's -- I wouldn't restrict it, 'cause I think I want all my clients to come in and be able to sit down with -- especially with Franklin and the Commissioner involved, because that way everybody lays everything out, what you plan on doing. 'Cause otherwise, you get to the preliminary plat and 5 13-0' 103 1 .-~ 2 3 4 5 6 7 8 9 10 11 12 ]3 .-. 14 15 16 17 18 19 20 21 22 23 24 25 Franklin gets it cold. That's one of the reasons I think, if you do that process, it gives Frank, you know, a heads-up and he knows what's coming when he gets the preliminary plat. That's why I felt like 30 days was, you know, kind of preliminarily at the conference, and then he's able to take the preliminary plat and say, "Well, yeah, they did what they said they were going to do." And I don't have a problem with 14 days, either. I mean, I think Frank needs a little bit more time. He's not in there every day, so he needs a couple of days leeway, and I think giving him 14 days -- but, by the fact that he's already had the preliminary concept -- and, Larry, Bill, y'all know I've had some with y'a11 recently. It gives everybody a chance to review it. COMMISSIONER GRIFFIN: We're talking about one of the things that I've just sort of come up on, and in fact have discussed it with -- with several of the developers and the surveyors and all around, and that is, it is so much easier if they will sit down with Road and Bridge and me, and I don't care if it's nothing more than a scratch pad, and saying, "Here's what I want to do." And you can immediately discover some things that just won't work, and so you save them a lot of time. If -- if everybody did that, I think the subdivision process would be much quicker. s-i3-ua 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And that is to have a preliminary meeting; not so much a fancy, drawn-up plan or anything, but just if nothing more than just a -- a working plat with some lines drawn on it that says, "Here's what we want to do." MR. JOHNSTON: I think it's part of the process to do that. COMMISSIONER GRIFFIN: Make that as part of the process. I think we can do that. I think we solve a lot of problems. I know it sure has for me. COMMISSIONER WILLIAMS: I agree with Don and Larry, that there is value in the presentation of a preliminary, whether it's a formal presentation or an informal get-together. On the couple occasions that we've done that, we've identified problems up front that perhaps the developer hadn't known about. COMMISSIONER GRIFFIN: It's just amazing how much easier the developer will accept that when he hasn't spent any money yet with anybody. COMMISSIONER WILLIAMS: That's right. COMMISSIONER GRIFFIN: They will accept those cYianges and try to get it the way we want it in the rules. And if -- but once you start spending the big bucks on the Voelkels -- (Laughter.) COMMISSIONER GRIFFIN: You know, once you 5 13-~2 105 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 start spending -- they start spending money, they're much less likely to be amenable to saying, "Well, wait a minute. Can't this work?" You know, "It looked good. My engineer thought it was good, and ..." Well, no, it just doesn't meet the rules. MR. VOELKEL: And it just helps get you in the right direction so that you and Franklin and I have the chance to tell this man or woman what -- what the requirements are, so that they don't present something to Franklin that's not going to work. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Any other comments on the proposed revisions to the Subdivision Rules and Regulations? One more time, any other comments from the public during this public hearing on the proposed revisions of the Kerr County Subdivision Rules and Regulations? Hearing none, we will close the public hearing on the proposed revisions to the Kerrville -- Kerr County Subdivision Rules and Regulations, and reconvene the regular meeting of the Kerr County Commissioners Court. (The public hearing was concluded at 11:21 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE HENNEKE: Commissioner Letz, you'll put 5-13-02 106 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 that back on the agenda at such time as you've got everything -- COMMISSIONER LETZ: Should be next meeting. It's pretty much done. The only person I need to speak with, other than Road and Bridge, is Stuart Barron on the -- some language on the plat, the certification -- actually, not language, but it's the certification. JUDGE HENNEKE: Okay, very good. Let's turn to the next and last item on the agenda, Item Number 17, consider and discuss restructuring the Kerr County Courts Collection Department to include the promotion of Brad Alford to Chief Collections Officer effective July 1, 2002, at an annual salary of $27,000, and create a full-time Collections Officer at a pay rate of Grade 17. Further, discuss requirements for number two position and potential candidates for the position of Collections Officer effective June I, and in executive session. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes, sir, thank you. And, gentlemen, you remember several years ago Mr. Duncan came in and the County Court at Law Judge came in and proposed this program, and my first thought was, "Oh, no, another program." And we had actually even talked about letting the thing run for one year -- my thoughts were letting this thing run for one year, and if it wasn't at least paying for itself, it needs to be thrown in the trash s-i3 oz 107 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 and forgotten forevermore. But, at the end of that first year, I saw the success of it, and have since become a huge fan of the program. I've seen Mr. Duncan and -- and the department making presentations all over the state. I went to Austin and saw that they became an associate member of the Texas Association of Counties. And, so, what I'm saying is -- is that I think it's an absolutely fantastic program. And now Mr. Duncan is going on to greener pastures, if you can call Florida greener, and it's time to restructure that department. And, to me, as you see in our notes in the back here, that approximately 80 -- $80,000 a month stays -- because of collections, stays in Kerr County, and that's pretty exciting. Those are pretty exciting numbers, in my opinion, so I -- I'm excited about the possibilities of what can happen with the Collections Department here in Kerr County. Now, what I'd like to do first is deal with -- deal with Brad Alford's position first, an actual court order, and then talk about the number two slot. Now, I know I put Brad Alford's name there to move him up to the Chief Collection Officer, and at an annual salary of 27 grand. To be honest with you, I'm not real clear where I got that number, but it was put together by somebody who knows more than I do; I can tell you that. But I think that we should have a discussion about that. I spoke with him 5-13-0~ 108 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 last week, and he said to me that he would -- he would be very happy with the $27,000. It's a salary increase for him, and he would be very happy with the opportunity to serve us as the chief collector. JUDGE HENNEKE: I'll jump in here and say Brad has been doing the -- he's been the number two, and actually the actual collector, 'cause Russ Duncan is never here; he's always off running around the state doing his thing, for at least a year, and has -- has a lot of knowledge about the systems and the programs and the method by which the Collections Department actually goes about bringing in the -- the sheaves, so to speak. And, since Russ has decided to abandon us -- and I personally will never forgive him for that, but -- (Laughter.) JUDGE HENNEKE: -- I think the only logical candidate for the Chief Collections Officer is the man who's essentially been -- been doing the work down in the trenches down there for a year, year and a half or whatever it is, which is Brad Alford. Mr. Duncan? MR. DUNCAN: May I address the Court, Honorable Judge, Commissioners? I -- you know, I look at the position as most qualified. I'm not much on the political end of the spectrum in hiring people. When I hire somebody, I look at somebody who can do the job and will 5 13-02 109 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 continue to do the job. And Mr. Alford's current salary, not counting benefits, runs about $22,989, and so that's somewhat of -- about a $4,000 boost for him. But, to go out at this point in time and try to find someone with his qualifications and background is going to be a tough situation, so I would strongly ask this Commissioners Court to consider Mr. Alford for that position. Also, Mr. Baldwin, I'd like to make one correction. You gave us a 6-month sunset clause at the original part of the collection program, not a year. COMMISSIONER GRIFFIN: Quicker. MR. DUNCAN: To get off the ground. COMMISSIONER BALDWIN: That's a little bit long, but -- Mx. DUNCAN: But, anyway, that is my thinking. Just to give the board some -- Commissioners Court something right now, 1 went back to 1980 and ran a report to current. There's been $5,789,665 that has been assessed in the County Court at Law alone. Of that, what is currently paid is $5,202,573, which leaves an outstanding balance of about $587,091. That's about a 99 -- 89 percent collections rate. Now, I must tell you, there's a hidden agenda there. We have worked very hard back through '91, because trying to work old money is difficult, and trying to keep up with the -- 'cause you want to get the current money -is o? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 110 first. So, a lot of this money -- that's this $500,000 -- is back from '91 back, and you need to keep on working on it, 'cause that money is doable. I don't give up. I don't want to turn it over to a collection agency or anything else. I think that money's doable, but we collect a lot of money. And I must tell you -- County Attorney's office is here -- the assessments from 1997, when we started this thing, to current, has -- or '96, has just about tripled. I mean, the fines have gone up significantly. Used to be a fine was $150, $200. Now we're looking at $500 to $1,500 in Tines. Court costs have moved up. Every time we turn around, the Legislature is edicting a new court cost on us. So, our court costs have gone up significantly, and I guess will continue to do so. But we have made some inroads now with that $2 transaction Tee I got through the Legislature. Every time anybody makes a payment, $2 goes into the fund. That is also helpful. And with that, I will sit down, shut up, and be at your pleasure. CUMM155IONER WILLIAMS: Question. The backup material talks about the fact that your department collects about $92,000 per month. That's well over a million dollars a year. Is that -- MR. DUNCHN: That's -- COMMISSIONER WILLIAMS: -- that is the case? MR. DUNCAN: Yeah, that's the case. And s-i3-az 1 .,^, 2 3 4 5 6 7 8 9 10 11 12 ,.,, 13 14 15 16 17 18 ly 20 21 22 23 24 ,.~, 25 111 that -- the tough money is Linda Uecker's money. District Clerk money -- district courts, a lot of the people go to prison; a lot of people go to state jail. We've got to catch them when they come out. We've got to work the parole we have to track down more, and there's a whole different set of rules. In County Court at Law, you don't pay me and I can always go and get the Judge to issue a capias, an order for incarceration, put you in jail. You sit out at $50 a day, and then the Sheriff can bill you for $20 a day of that time sitting in jail. And in district courts, it's a subject of interpretation of the Code of Criminal Procedures, and the District Attorney's office and our district courts have chosen to interpret them that they can't do that, even though I think you can. And we're working in the Legislature this year to change some of that. I've got about three pieces of legislation working to clear that stuff up. But the money -- that money can go up. I mean, we -- we have come a long way. We started from scratch, and we've had to make a lot of inroads and a lot of changes and work in a lot of strange places with a lot of different people, like the Legislature, and -- but we're getting there. And I think this next legislative session, we'll see some things done that will enhance collections s is-n? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 112 significantly. COMMISSIONER WILLIAMS: Question for the Judge, then. Currently, the law does not require us to budget these moneys; is that correct? But under the new GASB rules, we have to budget for a certain amount of this money; is th at correct? JUDGE HENNEKE: I think -- COMMISSIONER WILLIAMS: Or do we do it? JUDGE HENNEKE: We budget for it now. This is not an un budgeted -- this is not a slush fund. COMMISSIONER LETZ: We have to track it. Under GASB, we're going to have to track it a lot closer. JUDGE HENNEKE: Track it differently. MR. DUNCAN: Your bond rating. JUDGE HENNEKE: If you take -- the uncollected fines and court costs will now be an account receivable. COMMISSIONER WILLIAMS: Okay, that's what I was -- MR. DUNCAN: That's very important. JUDGE HENNEKE: Used to offset your assets. It's a whole different concept; seems strange to me. COMMISSIONER WILLIAMS: We budget based on your track record, an average of what you do? MR. DUNCAN: Yeah. My budget last year -- 5-1~-u^_ 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 original budget ran out to about $62,258. That's including a $6,000 commitment that we have every year from the Probation Department. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: My only comment is -- and it's, you know, nothing -- not a personal issue. It's more just a slot, you know, classification. We need, I think, to -- whoever we put in as head of this department is going to be more like a department head. I think we need to look at all the other department heads that work for the Commissioners Court and make sure -- and then look at the duties and make sure that we're not paying -- you know, getting out of line with basically the people -- number of people they supervise, and we're basically not hurting ourselves. I don't know what the salaries are off the top of my head. I know, clearly, this is not like a Road and Bridge function where we have a huge -- but I think we need to make sure that we're not getting ourselves in trouble by just arbitrarily pulling a number out of the sky. MR. DUNCAN: I sat down with Barbara Nemec and went over this position with her, and we looked at everything from our dogcatcher up to our computer person, and -- and the numbers that came up were what was suggested by her department, being the personnel person, rather than just picking some number out of the air, kind of. 5-13-02 114 r- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: That's where the $27,000 came from. COMMISSIONER BALDWIN: So, Barbara -- the County Treasurer is where the $27,000 came from? MR. DUNCAN: Yeah, somewhere along that -- COMMISSIONER BALDWIN: And Grade 17, and what step? MR. DUNCAN: Grade 17 would come out to $22,500 annually on the new position. JUDGE HENNEKE: That's Step 1. COMMISSIONER BALDWIN: Step 1? MR. DUNCAN: That comes out to -- with benefits -- with benefits and perks and all that good stuff, about $2,494 a month. COMMISSIONER WILLIAMS: Say that again, Russ. Seventeen equals 22 what? MR. DUNCAN: $22,500 annually. The monthly salary plus benefit package comes out to $2,494 a month. COMMISSIONER LETZ: And, is the -- are the duties envisioned for that person comparable to duties in someone like Jannett's or Linda's office? MR. DUNCAN: They're almost -- they are a deputy kind of person. The only thing we don't do that -- that I don't do, and I don't want to ever do, because it's just duplicating effort, and that is the money end of it. i3-~~ 115 1 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 22 23 24 25 You know, you got another audit trail, you got all kinds -- we've had past problems in that area, and we would -- we are the contract people and we are the assurance people. We still hold them accountable to pay the money to either Ms. Pieper or Ms. Uecker, and we don't want to go there. We just don't want to go to that place. But ours is tracking, auditing, follow-up, and -- and instant monitoring of what's going on. JUDGE HENNEKE: Grade 17, as I understand it, is the same as Jannett's administrative accounting clerk? MS. PIEPER: Administrative. JUDGE HENNEKE: Administrative clerk. MR. DUNCAN: Sammie. JUDGE HENNEKE: And comparable position in Linda's office operations. So, I mean, that's how they kind of viewed the -- they have a lot of responsibility, far above just a regular clerk. And -- MR. DUNCAN: And this job is -- if you take these two jobs and you look at whoever your Chief of Collections is and your assistant collections, they're doing the same thing. I mean, the Chief of Collections has just got more reporting duties and some other duties that go along, but -- but basically day-to-day operation, it's monitoring. They're auditing, monitoring, setting up agreements. s 13-0 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: If -- I guess my concern is that we're ending up with no clerks, then. I mean, we're -- how do you run the office if you don't have a clerk person, or do you just not need a clerk person? MR. DUNCAN: You don't need a clerk person. We've tried that, and it would just get in the way. We'd like -- see, by reviewing and auditing their own files, we know what's going on, and it's kind of a hands-on operation. If -- if you got a clerk in there, it's kind of a loss of time and effort. This way, it's really concentrating so triat it's hand-on. Like, I look at the files every day and I run an audit trail; I know who's delinquent and who's not, and that's very important to do. If I got a clerk, then it's just another communications area to get into. COMMISSIONER LETZ: And my last question, right now, what do we have in this department? We have -- MR. DUNCAN: Me and Brad. COMMISSIONER LETZ: And what's your pay? MR. DUNCAN: My -- you don't want to know. COMMISSIONER LETZ: From a budget standpoint, I want to know. MR. DUNCAN: Budget -- for budget, my salary is $15,160 a year. COMMISSIONER BALDWIN: God, how'd he get that high? -i~-oa 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: But you get three from that -- MR. DUNCAN: I get three from Probation. JUDGE HENNEKE: So it's actually 18. MR. DUNCAN: So it's -- actual current budget is $18,700. COMMISSIONER LETZ: And Brad currently gets $22,000? MR. DUNCAN: It's $22,989. COMMISSIONER LETZ: $22,000, so we're going from a -- proposed going from an 18 and a 23 t o a 22 and a 27. Round it off. MR. DUNCAN: You're looking at $8,000 plus perks and bennies. You're looking at another 30 per cent, so you'r e looking right at $12,000 a year. But I think it's money well spent. I mean, if you want my two cents worth. COMMISSIONER GRIFFIN: If you offset that with the revenue that comes in because of it, that - - MR. DUNCAN: Yeah. COMMISSIONER GRIFFIN: -- that' s a ch eap deal. COMMISSIONER BALDWIN: Inexpensive. COMMISSIONER GRIFFIN: Inexpensive. COMMISSIONER BALDWIN: I used to think it was cheap. 5 :3-02 1 .-~ 2 3 4 5 F 7 8 9 10 11 12 ' ,^ 13 19 15 16 17 18 ( 19 ` 20 21 22 23 24 25 118 (Laughter.) COMMISSIONER GRIFFIN won't get another one cheap. We got him cheap. We JUDGE HENNEKE: Any other questions or comments? MR. DUNCAN: Thank you, Judge. JODGE HENNEKE: Thank you, Mr. Duncan. MS. DECKER: I have a couple comments, if I may, Judge. JUDGE HENNEKE: Sure. MS. UECKER: Of course, you knew I would, right? Of course, no one is a bigger fan of Russ Duncan than I am, and we've tried to do everything to -- from stopping the closing on the sale of his house here and purchase of his house in Florida to try to get him to stay. But my comment is about the assistant's position that he calls "deputy." The law does not provide for a deputy collections officer or any department head -- in any department other than the District Clerk or the County Clerk or the Sheriff's Department. MR. DUNCAN: That's true. MS. UECKER: That position does not have to be bonded, where deputies do. And I have a little bit of a problem with the 17-1. I'm not saying that they don't deserve it, but my question is -- and I assume it's going to 5 13-.~~' I 4 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 119 be set at that probably because it's a man. And I'm sorry if that offends you, but that's probably the situation. COMMISSIONER BALDWIN: That is offensive. MS. UECKER: I know. COMMISSIONER BALDWIN: No, I'm serious about that. That's not part of this deal. MS. UECKER: Well, whatever. We'll see. The problem I have with it is, I looked at that job description. It's somewhat less required than that of a deputy clerk, either County or District, and yet the entry level there is -- is much lower, and we have to be bonded. So, it's just a thought. I want you to keep it in mind come budget time. I'm not saying that, you know, that person doesn't deserve that salary. I just keep seeing some -- a little bit of discrepancy in the job description versus the salaries. And that's just a comment, and that's just my opinion. I haven't talked to the County Clerk about it yet. JUDGE HENNEKE: Any other questions or comments? Do we have a motion, Commissioner Baldwin? COMMISSIONER BALDWIN: Yeah. I move that we promote Brad Alford to Chief Collections Officer effective July 1, 2002, at a pay rate of grade 17-1. JUDGE HENNEKE: No, that's the deputy. COMMISSIONER BALDWIN: I'm sorry. I'm sorry. JUDGE HENNEKE: It's $27,000. 5-13-~_ 120 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Yeah, the 27. I'm sorry, I'm reading two different places here. At $27,000. COMMISSIONER GRIFFIN: Judge, do we need to tie that to a grade and step? JUDGE HENNEKE: No, because it's a department head. COMMISSIONER GRIFFIN: Oh, I withdraw that. JODGE HENNEKE: Do I have a second? COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court appoint Brad Alford as Chief Collections Officer effective July 1, 2002, at an annual salary of $27,000. Any questions or comments? COMMISSIONER LETZ: Where's the money coming from? JUDGE HENNEKE: I think Brad's salary will be covered by the fact that Russ is not going to be here. They'll pick up just over $9,000 from Mr. Duncan's departure, which will cover the -- you know, his increased salary till the end of budget. COMMISSIONER LETZ: There's no money in the deputy's salary line item for that. The question will be where the next one is coming in, where the assistant's is coming from. s-1<-~~ 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 121 JUDGE HENNEKE: We'll work on that. COMMISSIONER LETZ: Okay. I'll go along with that at this point. JUDGE HENNEKE: 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. COMMISSIONER BALDWIN: Now, as far as this number two position at Grade 17-1 or Grade 17-something, I went down and spoke with Mr. Alford last week, and he -- you know, just to feel him out, what he was thinking. I didn't want to -- I didn't want us to be doing something -- or do something that would offend him, and, you know, kind of work the thing out before it got here. And he has a couple of people in mind. I've had a couple of people that have approached me wanting the position, and -- and I tell you, I'm just going to kind of throw my hands up. Here's the deal. I -- I've fallen in love with the program, and I think that it is a bright light in Kerr County, that it can do a lot of things. It collects a lot of money, but my favorite part of it is that there are people being held accountable that go through our courts and are fined, and we're holding them accountable, and that's one of my -13-0 `' I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 29 25 122 favorite things toward -- about this entire program. And I got to thinking about it. Who would I choose? Who would I -- if I could choose anybody on the face of the earth that I know of that would fit in this program to enhance this bright and shining light, who would it be? And the -- my -- the best person that I can think of is our secretary, is Thea. She's the person that is -- understands courts, understands the system, the County system, and understands this program. And it would -- you know, if there's any -- any way that we could work that out, if she would consider the position, that would be the best thing for this entire county, in my -- just my opinion. Now, I haven't talked to Thea about it. You know, that's just my opinion; I don't have to talk to Thea about it. That's the way I think. I'm paying her a compliment, and I think that she -- it would be the -- she would be the best person for that position and do the best thing for the entire county. That's my opinion. COMMISSIONER WILLIAMS: Well, you're entitled to your opinion. That's fine. COMMISSIONER BALDWIN: Thank you very much. COMMISSIONER WILLIAMS: I think we probably need to talk about this in executive session in terms of personnel. COMMISSIONER GRIFFIN: Do we have the names of other -- or -- 5-13-02 123 `~ I 1 r~ ^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I don't. Brad -- Brad is gone on some trip or something. MR. DUNCAN: Brad is at a Crimestoppers convention. And according to personnel rules, if we hire in-house, we haven't got to post. If you don't hire in-house, you consider others, you need to post it for some time, according to what Barbara told me. So, I would -- if -- you know, I would -- I serve at your pleasure, so I'll do whatever. And I've had a number of inquiries from different people. I haven't looked at anybody yet, more or less because I'm waiting to see what your pleasure is, but I would -- COMMISSIONER WILLIAMS: A number of people all being within the system? MR. DUNCAN: No, some are outside the system. JUDGE HENNEKE: Some are outside the system. MR. DUNCAN: I think there's a female jailer out at the Sheriff's Office who has called to inquire, and I've -- I told her to make up a resume, but don't do anything till I hear what the pleasure of the Court is. COMMISSIONER BALDWIN: How many people? MR. DUNCAN: Four. COMMISSIONER BALDWIN: Four? Cool. MR. DUNCAN: And that's at the pleasure of the Court, so -- but I -- 5-13-0 .-~ !~ r 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 124 MS. PIEPER: You need to decide what their pay is before you go publicize any of those so they know what to tell them. MS. UECKER: Wouldn't that department head have to hire their own staff? COMMISSIONER BALDWIN: Maybe. JUDGE HENNEKE: Perhaps we ought to take up -- set the grade and step to that as a 17 so we'll have that one out of the way. COMMISSIONER BALDWIN: Okay. JUDGE HENNEKE: Do we have a motion to that effect? COMMISSIONER WILLIAMS: What was it? JUDGE HENNEKE: To set the -- the number two position at Grade 17. COMMISSIONER WILLIAMS: I move it. JUDGE HENNEKE: Do I have a second? COMMISSIONER BALDWIN: I second the motion. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court set the grade for the collections officer at a pay grade of 17. COMMISSIONER LETZ: Only comment I have, I really -- I'm uncomfortable. I won't go for it right now, 'cause I'm not convinced that that's where that should be. I think we really need to -- this is going to have -- this 5-13-u2 1 .-, E 1 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 125 vote will be a budget impact. We don't have the money in the budget for this item, and it's a -- to me, I just want to make sure. I'm not sure -- I'm not at that point right now, that this is where it needs to be. I haven't even seen the job description. JUDGE HENNEKE: Any more questions? MR. DUNCAN: This -- the original job description for that was done on that Nash study that was done some time ago, and I think that's what our personnel person was looking at, is the job description that was submitted to the board -- to the Commissioners Court by Nash. And I think that was the level it was set by -- by their study, and so that's what she's going by. So -- COMMISSIONER BALDWIN: Judge, actually, that is not such a great big important issue to deal with here today, I don't think. I mean, we can -- I just don't see why that's so important to do it today. I think that that is -- that we can go back, and let's satisfy Commissioner Letz' concerns. I'm kind of a little bit concerned about it too. I actually haven't looked at it, and I really think that we do need to really take a look at it and get -- get with the Treasurer and get some thoughts on it. I just -- I'm a little uncomfortable. COMMISSIONER WILLIAMS: I'll withdraw the motion. 5-13-02 126 I 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 zs JUDGE HENNEKE: Okay. All right. COMMISSIONER WILLIAMS: You withdraw the second? COMMISSIONER BALDWIN: I'll withdraw the second. JUDGE HENNEKE: Can't have a second without a motion. All right. Do we need to go into executive session to discuss the requirements on the candidates? COMMISSIONER BALDWIN: I would like that. JUDGE HENNEKE: Okay. At this time, the Court will go into executive session to discuss the potential candidates for the position, this number two position in the Collections Department, and we'll reconvene after completion of our executive session. (The open session was closed at 11:47 a.m., and an executive session was held, the transcript of which is contained in a separate document.) JUDGE HENNEKE: The Court having concluded the executive session, we'll now return to open session. Nc action is required as a result of executive session. Is there any other business to come before this court? If not, we stand adjourned. (Commissioners Court adjourned at 12:11 p.m.) s-~~-~~ 127 1 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 STATE OF TEXAS 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, this 17th day of May, 2002. JANNETT PIEPER, Kerr County Clerk Kathy Ba3iik, Deputy County Clerk Certified Shorthand Reporter 5-13-0 ORDLF2 IVO.._7505 CLAI:P~S AND ACCOUNTS On this the 13th day uF Nay ;_00c, came to be considered by tt-ie Court various Commissioners' precincrts, which said Claims and Acco~_mts ar-ee i~--General for 3107,c97.r'3; 14-F=ire 1='rotection for- 38,333.33; iS--Road R R'.°idge for '3~0,7~3.57; 18-Co~_mty Law Library far Sc98.00; 19--F'~ahlic Library for $31,431.3.3; '~-Road Districts for b~S.G~; c3-S~_ivenile State Rid F~_md fur 81, 666.5; :'7-Juv .-. Intensive Pr-og-State Aid F=~_ir~d for 347.86; ~~-Indigent Health Care far !63c, 384.51; 7~-Permanent Imprrovemerrt for ~6, 847, v2; 83-5+_ate F~_inded--~'lEth Dist Attorney for 31,334.08; 86--5t ate F~_~nded-•16~tF~~ Dist F'roh fur 36, 940.5; 87-S'ta'te 1=~_rnded--Camm~.+nity C;orrect:ions for 34, 905.1; TOTAL CASH REGIUIRED FOR ALL FUNDS: 3`C~,6i.9.88 Upon motion made by Commissioner Griffin, !aecunded by Commissioner Baldwin, the Co~_~rt unanimously approved by a vote of 4-0-Qi, to pay said acco~_mts. OI~,DER NQ.'r'75 3E; BUDGET RNENDI'dENT '16th/19f3th DISTRICT CCIURT On this the 13th day of Nay 2~~:_, upon motion made t,y Commissiuner~ Leta, seconded ry Commissioner L-~al.dw:in, the Coiar-t ~~nanimoi~sly approved 6y a vote of 4-Qi-Qi, to transfer `~79.~7k~ From Line Item hdo. 1~i'~-436-497 Court Transcr-ipts to Line Item No. ir<7-43~-497 Co~_ir t Transcripts. ORDER N0. c:7537 BUDGET RI'~ENDMENT COlJN7'Y TRERSURER On ti'iis ttre 13th day of htay r'00:_, ~-ipon motion made by Commissior~er• Let z, seconded by Cnmmissioncr Williams, the Coy-~r-t unanimously approved by a vote of 4-0-0, 'to i;r-ansfer• L1#,J.JB.J~ from Line Item No.10-497--10~+ Deputy to Line Item No.10-497-108 F'ar•t-time salary. ORDER ND. x:7538 AUDGET RIhENDMENT CDUNI"'/ COURT RT LRW Dn this the 13Th day of May c~~:_, upon motion inacie by Commissioner 6riF'fin, seconded by Commissioner Let z, the Coy"irt unanimously approved by a vote of 4-0-0, to tr-ar~sfer• ~4,~+Z~~ZY.t~~ r'rom Line item I'Jo.l~-4'27-415 Special CCRL J~"idye to Line Item No. lrb-4'7-4N2 Court Rppt Rttorney. ORDER N0. 27539 SUDGL"T Rh1ENDP~IENT 198T'H/216TH DISTRIC"f COURT' On this the i31;h day of P~1ay 2~~2, upon motion made 6y Commissioner- Williams, seconded by Commissioner Griffin, the C:o~.irt i_~nanimously approved by a vote of 4-Qi-0, to transfer 31,25t~.k"~~ From Line Item No. 1~-43F~--%+17 Special Trials to Line Item No.iO-~+36--441 Court Appointed Services, X304.43 from Line Item No.10--435-417 Special Trials 'to Line Item Na.10-435-401 Coy-irt Rppointed Ser-vi.ces; 8•+,482.43 fr-~om Line Item IVo.10-43E-402 Court Appointed Rttorney to Line Item No. i0-435-%+02 Coy"irt Appointed Attorney. CIRDER IV0.=7~,44'~ BUDGET RMENDhiF..NT CCIMMISSIONER'S COURT HEALTH 8 EMERGENCY SERVICE On this the 1:it1-~ day oP May ='V~~c, ~..y~on motion made by Connnissioner Griffin, seconded by Commissioner Baldwin, the Co,_irt unanimously approved by a vote of 4-~-0, to transfer 3c8.0c from Line Iterti No. i.V~--e,:iQ~-5~'c F:ir~st Responder's Exp to Line Item No.lk'~-4k~1-48G Conferences. ORDER NO.:_7a%+1 LATE PTLt_ FREDRICN, HENNEKE On this the 13th d~:y of I''tay cQiO:'_, ~_rpon motion made by Commissioner Baldwin, secondecl by Comrniss:ianer Letz, the Coi_irt unanimously approved by a vote of 4-0-fir, to pay the followir-~g late bill to Fredrick Henneke in the amo~_mt of 'bJ46.J0 from Line Item IVo.1~-4.6-486 Reimb~_~r•sed "p'robate 7~.idyes" seminar expenses. The Co~_mty fl~_rditor and L-he Co~.mty Treasurer- ar-e hereby authorized to write a hand check in the amo~_rnt of 3~J4r1.JQ~ rnade payable to Fredrick Henneke. ORDER I'J0.::75•+c: RE'P'ROVE TO ACCEPT h1INL1TES AND WAIVE RERDING On tF~is the 13th day oP May c00."_', ~.rpun motion made by Commissioner Paldwin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-0-0, waived r-eadiny and appr-~uved the following min~_rtes; I•;er~r- Co~_rnty Commissioners' Co~_rrt R.eg~.rlar Session, f4anday, Rpril 8th, 'rear c~0c-9: N0 R.M. g Kerr Co~_rnty Commissioners Court Special Session, hlonday, Rpr-il ._'cnd, `rear' c"~Lri~lcJ-9 A. M. ORDER N0.27~4~, RE'P'ROVE RND RCCEF'T P+I~NTHLY' REPORTS .~-~ (fi th:is tt-.e 13th day of May 200:., upon motion made by Commi<.asianer- GrifF:in, secondo-d by Camniissioner• Baldwin, the Coi_rr-~t unanimously approved by a vote of 4-0-0, to accept the following r-epor-ts and direct that they be filed witl-~ tt-~e County Clerk for' fu't~_~re a~_idi~t. Jannett Pieper, Cv~_rnty Clr=~ li General-Rpril '2002 Tr~_rst--Apri 1 2002 Linda Uecker, District Clerk Rpri1 2002 W. I~. Hierhl:_er•, Sheriff Civil Report--Rpril 20Q~2 Vance Elliott - J.P. #kl Rpril 2002 Dawn Wri gt-it - J. F'. # April 2002 Raber t Tenc:I-~ - ,]'. F'. #3 Apri 1 20Qi2 Wil1:i~~~m Ragsdale J. F'. #4 Rpri1 2002 DRDER N0. S7S'+~+ RF'F'ROVRL OF F'ROCLAMAT'IOPJ DECLRRIPJG MAY 2iZ~d'E AS ^ MENTRL NERLTN RWARENESS MDNTN do this the 13~t1-~ day o~f May cd~Zir', ~spon motion made by Commissioner Griffin, seconded by Commissioner I_etz, the Co~_~rt ~_inanimously approved 6y a vote of 4-0-0, to adapt a proclamation naming the month of May as Mental Ne<~lth Month in t;err Co~_~nty. ORDER NCI. X7545 AF'F'ROVAI_ DF SHERIFF'S DEF'RRTMENT RADIO F'RCIJECT AND REMRINING LEASES On this the 13tF~ day of May c002, ~_ipon motion made by Commissioner Lets, seconded by Commissioner- Griffin, the Cuurt unanimously approved by a vote of 4-Q~-Qi, the leases and license agreements for- the remaining two tcwer-s ai-~d a~_ithor•ize Co~_irrty J~_~dge to sign same. ORDER N0.~7546 RF'F'ROVAL AUTHORIZING SHERIFF'S DEPARTMENT TO AF'F'L'r FOR A TQPACCO C:OMF'LIANCE GRRNT FROM THE TI=XAS COMF''TROLLER OF F'l1Rl_IC ACCOUI~ITS On this the i3th day of play ::@@., ~aporr motion made by Commissi.nner- Baldwin, seconded by Commissioner, Williams, the Cn~.irt unanimously approved by a vote of 4-@-@, attthori_iny the Kerr Co~_irrty Sheriffs s Department to apply 'For' Texas Compliance Grant from the Texas Comptroller of P~.~blic Acco~_~nt s. Of2DEft IV0.27U47 iaF='1='ROYAL fiUTHCIRIZII'~IG ftEALLOCA"PION OF LEFTOVER F'UNDS' IN CAPI'T'AL OUTLAY On this tY~e 13th day of Nay ~@@~} upon motion made 6y Commissioner- GriFf:in, seconded by Commissioner t_etz, the Co~_~r•t unanimously approved by a vote of 4-@-@~ a~_~thor•i frig reallocation of leftover- funds in the Capital 0~_~tlay budget for the Sher:i~Ff~ s Departmen{; i.n order- to pi.rrcha~e a compi_iter~ and compi_~ter--related eq~_iipment for the personnel office in the Sheriff's Department. •~- ORDER fJO. ~75~'r0 RF'F'I',OVAL Of= F'RELIhtINARY 4='Lr~T FOR HIDDEN HILLS TWA On this the 13th day of May._1Z~IZ~:_, ~_rpnn matior-~ made by Commissioner Williams, seconded by Comniissianer• Griffin, the Co~.ar-t unanimously appr-oved by a vote of 4-0-Q~, the pr-elim:inary plat for- Hidden Hills l'wo in F='rec:inct ~_. r nRDER No. ~~n;t'3 PRELIMINARY REVISION OF FLAT FOR HIDDEN HILLS AND SET PUELIC HEARING Cn this tt-~e 1. nth day of f4ay :'_~0c, ~_~pon motion made by Commissioner- Wilaiams, ser_onded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-~, the preliminary revision of plat for- Hidden I-ills Subdivision in precinct and set public hearing for same for i~ o'clock a. m. orr Monday, June cwth, `rear c471t~i~, here in the Herr County Commissioners Co~_~rt. ORDER IVO. c75,`~~ AP'P'ROVAL OF FINAL F'LRT OF' GUTOFF= 13U5INESS F'ARf=~ 4JI'FH THE FOLLOWING VARIANCES On this the 15th day of May ~~ib', upon motion made by Commissioner GrifFin, seconded 6y Commissioner Let z, the Cour-t i_~nanimously approved by a vote of 4-0-Q~, the 'Final plcKt of C~_iL-off R~_isiness F='ark in Precinct %+ with a variance as 'Lo lot size, drainage, the lucatian of ~_sF:i:lities, and ttie spacing for• the cummer•cial d~-iveways. ,~ ORDER NU.~7551 RPF'ROVAL OF RUAD NAME CE-IANCES FUR PRIVATELY h1AINTAIPJED ROADS IfJ F'C"f, '~ On i;l-~is the 1311-~ day of May c~N_, upon motion made by Commissioner Williams, seconded by L'ommissioe-~er Haldwin, tl-.e Co~_n-t unanimously approved by a vote of 4-0-0, the road name changes for- privately mair-~tained roads in Precinct c. EXISTING., RORD NAME REQUESTED NAME CHRNGE PCT Regan Ln E Kindred 1'Y`1 E c 301c: E Purple Star Dr E c ORDER NO. c7`;Sc R[='[='ROVAI_ WRIVIN6 FEE FOR USE OF r~G--EARN FAClLI"F'i ^ L1Y F'IF'ELIIVE OROUF' Or. this the 13th day of May c0~~=, ~_ipon motion made by Commissioner GriFFin, seconded by Commissioner Paldwin, the i:o~_ir-1: unanimously approved by a vote of 4-0-0, waiving the fee for the i.ise by the Pipeline Gro~_~p of the Hill Co~_mtry `ro~_~th Exhibition Center for a safety program regarding ~_inderyro~_ind fac_il:ii:ies to be t-~eld on p~_ig~_ist 6, 'rear 2~@:. ORDER No. c_755,:, AWARD CONSTRUCTIOIU CONTRACT F(lR THE :'002 7CDF' COLONIR FUND WASTEWATER F'ROSECT PHASE 1, KERRVILE SOU'T'H On this the 13th day of May 2002, ~_Ipor~ mvtior~ made 6y Coniirlissiorrer Williams, seconded by Commissivner• Paldwi.n, the Cvl_Irt 1_Inanimously approved 6y a vote of 4-0-0, awarding the bid for the Ker-~r•ville Svutt~l sar~iitary sewer project, T.C.D.[='. Contract 721Q~75, River-hill sanitary sewer bypass and Rolling Green liFt stat-ivn abandon, to Compton Enterprises For• a total bld laf `~3~i, .i JJ. ~~ ORDER IVO. ~7~54 ar'F'ROVaL aNEPJDING IiERRVILLE SOUTH CONSfRUCTIOPJ FUND PUI)GET On this the 13th day of Nay :-~~t'~r, upon motion made by Commission-per Williams, seconded by Commissioner Baldwin, t: Fie f:o~ar•t unanimously appr-oved by a vote of 4-0-0, cmendir-~g the Kerrville So~_~th constr~.ic't:ion 'Fund b~_~dget to pr-ovide f~_inding not to exceed ~c,,=~~ for attorney's fees to develop the regional 4Ja5'teWa'fl?1'"' treatment eontr-act 6etweeri U. G. R. a. and tt~e L'ity of Kerrville, with arry ianttsed fi_mds to be r•et~_irned to the constr~.~cl;ion fi_md. ORDER MO. C./JJJ AF'F'ROVRL AUTHORIZIPJC-i GRAIVTWURItiS "f0 SUBMIT THEc001 l"CDA COLOMIA COI~F'REHEMSIVE F'LAIV On this 'the 13th day of May :_00E, ~_ipan motion made by Commissioner Williams, seconded by Commissioners Griffin, tl-~e Ca~ar-t unanimously approved by a vote of 4-Q~-0, a~_ithor-:i:_ing Gr•antworks to s~_~6m:it the c~Z~1 T. C. D. A. Comprehensive Flan as amended to the Office aF Rural Cammur-~:ity Affairs far their review pT'1GT` to the County's final review of tt-~e don_uner-~t. ORDER N0. c7JJG DUDGET fiNEPJDNE:NT CDI~IhtISSIOPJERS' COURT Or. tt-~is the 13tt-~ day of Nay c~Vrc, upon motion made by Commissioner Paldwirr, secarrded by Canimissioner Griffin, the Court unanimously approved by a vote of 4-0-0, t-o Y,r-ansfer ~t3,11l3.97 witl-~ €7, 957.c37 from Line I'Fem No. 10-51c-1Q~4 Jailer- Salary; 3~1E.1. a47 From Line Item No. SQr-4t~9-4N~ Independent Audit to Line Item No.10--4~1--486 F'r•ofessional Services. ORDER I~IO.'75~7 iaF'F'P.GVAI_ OF RESTRUCTURIhIG T'O THE KERR COUNTY COLLECTIOiJS DEPARTMENT TG IfJCLUDE BRAD ALFORD'S F'ROMO"fIOhJ On this th-~e 1Cth day of May :_0G2, upon motion made by Commis=_ioner Baldwin, seconded try Commissioner GriFfin, the C:our~t unanimously approved 6y a vote of 4-0-Qr, appointing Prod Alford as Chief Collections Officer- effective Suly 1, cQ~4~c a~t an a~nn~_ral salary of X27, ~~0.