..-,. .a 1 L 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 lb 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Special Session Monday, September 23, 2002 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas v v ,~ V PRESEN`1': FREDERICK L. HENNEKE, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LHRRY GR1NP'1 N, Commissioner Pct. 4 a~p~T ~ P9• ~ 2 - e~ . 8 3 - P~y • ~ o ~" P5~ ~~ ~- ~9~ `y /-rM Ei1l D ~f EN'7~ ~ - e5. r y ~ - ~9 . ~~ P-p9. ~~ 9 - P,~ . r ~ mfr-ode w~~-n ln,fQs- nCi ZI ~V /~ ~ r~~Yr Jm~ • zZ 1 2 3 4 5 h 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 23 24 25 2 I N D E X September 23, 2002 2.1 Execution of documents for FY 2002 Entitlement Grant funds for fencing improvement at airport 2.3 Consider variance for less than 200' frontage on Scenic Valley Road 2.16 Request by Center Point Area Historical Preser- vation Association & American Legion Post 583 to quitclaim County's interest in alleyways and street interests in Center Point 2.8 Report on Sheppard Rees Road project 2.2 Funding request from Hill Country Alternative Dispute Resolution Center, Inc. 2.9 Engagement of Pressler, Thompson & Company to do Kerr County FY 01-02 audit 2.4 PUBLIC HEARING - regulatory signs, name change & school zone for Our Lady of the Hi11s High School 2.5 Approval of regulatory signs, name change & school zone for Our Lady of the Hills High School 2.10 Consider ordering General Election as required by Texas Election Code, authorize County Judge to sign Order of Election 2.11 Approve polling locations in accordance with Texas Election Code 2.12 Appointment of central counting station personnel 2.13 Designating courthouse parking for early voting 2.14 Set Sheriff's and Constables' fees as required by Local Government Code, Section 118.131 2. F, 11 Approve amendments to FY 02-03 Budget ~) Adoption of Kerr County F`_' 02-03 Budget 2.7 Adoption of Kerr County FY 02-03 tax rate '.15 Discuss authority to abate nuisance per Section 343, Subchapter C, Texas Health and Safety Code 2.18 Move Information Systems Support Specialist to Auditor's office, designate Auditor as supervisor .'.19 Resolution declarinq September 2002 as Destination Diqnity Month 2.20 Resolution regarding boundaries of Groundwater Management Areas 2.21 Approve Amber Alert System local area plan 2.22 Solicit applications for Kerr County represen- tative on 911 Board to replace Dave Ballard 2.23 Discuss agreement with Liberty Marketing Company Tor Kerr County map 2.17 Discuss method to be used for expansion/renovation of Hill Country Youth Exhibit Center, authorize solicitation for bid --- Adj ourned PAGE 22 2'1768 24 2 6 '1'76 `I 32 4 4 ?776 4 8.x'7771 50 51 ~77'7.%~ 5 4 ~r 77Jj S S d 77T{ 597977 b~,ti7196 61 2777'7 80/,777f1 811777 82 9 O:c778o 93a795~ 9 3:7 77~a 96a77Y3 100 104 104~77~y 128 1 2 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L 23 24 25 3 On Monday, September 23, 2002, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: Good morning, everybody. It's 9 o'clock in the morning on Monday, September 23rd, Year 2002, and we will convene this regular special session of the Kerr County Commissioners Court. Commissioner Letz, I believe you have the honors this morning. COMMISSIONER LETZ: Would everyone please stand, join me in a moment of prayer? (Prayer and pledge of allegiance.) JUDGE HENNEKE: Thank you. At this time, any citizen wishing to address the Court on an item not listed on the regular agenda may come forward and do so. Is there any citizen who'd like to address the Court on an item not listed on the regular agenda? (No response.) JUDGE HENNEKE: One more time, is there any citizen who'd like to address the Court on an item not listed uii tiie reyulai ayen~]a? Seeing none, we'll go to the Commissioners' comments. Let's start with Commissioner Letz. - i - i 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 4 COMMISSIONER LETZ: I really don't have any comments. Just glad to be home. COMMISSIONER GRIFFIN: The Warriors had a big win over Somerset, homecoming, all that good stuff. Ingram Tom Moore High School was victorious. Good on them. COMMISSIONER BALDWIN: They're doing well. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER BALDWIN: This thing's a little bit hot, I think. (Microphone volume was turned down.) DODGE HENNEKE: Commissioner Baldwin? COMMISSIONER BALDWIN: Yes, sir, thank you. We won. The only other comment I want to make is that Mrs. -- today is Mrs. Lavender's last day to cover the Commissioners Court, and I just wanted to say thank you to her for all of her coverage, and holding the Commissioners Court accountable, the way we should be, and in doing an excellent job. She seems to have become a part of our family, and just want to say thank you. MS. LAVENDER: Thank you. COMMISSIONER BALDWIN: That's all. You're going to print that, aren't you? MS. LAVENDER: Yeah. (Laughter.) MS. LAVENDER: With a picture. ,- ~; ~~_ 5 1 2 3 4 5 6 7 ti 9 10 11 12 13 19 1J 15 17 1S 19 ~~ 21 2~ ~3 24 25 COMMISSIONER WILLIAMS: You didn't see my script. He stole my thunder, but that's okay. COMMISSIONER BALDWIN: What, Tivy winning? COMMISSIONER WILLIAMS: No, no, no, that's your exclusive privilege to report on Tivy. COMMISSIONER BALDWIN: Thank you so much. COMMISSIONER WILLIAMS: I was going to talk about the media. Being an old media person, I was going to say thank you to Rosa. She started her second career here in Commissioners Court, is wrapping up her second career here in Commissioners Court, and who's to know what her third career is going to be. I guess she and John will figure that out in the future. But I want to -- I, too, want to say thank you. Having spent my entire life in this business, I know that it's not easy to report on the activities of a governmental body and to do a thorough job so that the public has the ability to grapple with the issues and hopefully know what it's all about. Thank you for what you've done. I also want to to take the opportunity to thank Irene. She, too, is a member of the media, works on a weekly newspaper that 1 am intimately familiar with, and her task is a little bit different than the task of Rosa, in terms of when to get it done and how to get it done and how to make it appear newsworthy. So, I want to express appreciation to both of you on behalf of -~3- 6 1 2 3 4 5 6 7 8 9 10 11 i~ 13 14 15 16 17 18 19 20 ~l 22 23 '4 ~5 this particular Commissioner. And when -- now, as you well know, in the past, if I didn't like what you said or thought you misquoted me, I called you up to tell you. I'll still do that, but thank you. Thank you very much for what you do for the people of Kerr County. MS. VAN WINKLE: I always try to do the corrections the next week. (Laughter.) COMMISSIONER WILLIAMS: Also, Judge, before I relinquish, I want to point out that we have a couple spots available on the Library Advisory Board. Randy Johnson's term is up, and Elizabeth Hughes, both of whom were County appointees. Their terms are up, and the Court needs to take a look at who it would like to put on the Library Advisory Board. JUDGE HENNEKE: All right, very good. I'd like to express my appreciation and the Court's appreciation to the Hill Country Youth Ranch for their ~Sth anniversary which was celebrated over the weekend. Not only do they do incredible work with the children who are placed in their care by the State of Texas, but I think their very presence in Kerr County has an influence upon all of us for the positive, in that it reminds us of those members oY our society who are not able to take care of themselves and who are less fortunate than many of the rest of us. So, our 1 2 3 4 5 E 8 9 10 11 1L 13 14 15 16 17 18 19 ~0 21 2~ 1'3 24 25 congratulations to everyone who's a part of the Hill Country Youth Ranch family, particularly Gary and -- and Larry Priour for their efforts on behalf of the troubled youth, not only of the Hill Country, but of Kerr County. With that, let's turn to the business at. hand and pay some bills. Anyone have any questions or comments regarding the bills as presented by the Auditor? COMMISSIONER BALDWIN: I move we pay the bills. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve the payment of the bills as recommended and presented by the Auditor. 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, we turn to the budget amendments. Budget Amendment Number 1 is fcr J.P., Precinct 1. MR. TOMLINSON: Okay. This amendment is to -- to pay a bill relative to the conversion of -- of her software package from DOS to windows. We talked about this in the budget process. The bill -- the bill is for $750. _ ; _ ~ i 8 1 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 She's requesting that we transfer $75 from her Bonds line item and $175 from Part-Time Salary. That all goes into Software Maintenance. I do have a -- a hand check that I need to approve for $750 to EDoc Technologies, Inc., for -- for the conversion. COMMISSIONER WILLIAMS: I move the budget amendment and the issuance of a hand check in the amount of $750. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Griffin, that the Court approve Budget Amendment Request Number 1 for J.P. 2 and authorize a late bill and hand check in the amount of $750 payable to the EDoc Technical, Inc. Questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget Amendment Request Number 2 is for Constable, Precinct 1, 2, ar,d 3. MR. TOMLINSON: This request is from Commissioner, Precinct 1, to transfer $200 from the Salary line item of Constable 1 for -- $100 to go into the -- to Gasoline line item for Commissioner -- I mean for Constable, -_?- i~ 9 1 2 3 4 5 ti 7 8 9 10 11 l~ 13 14 15 16 17 18 ly 20 21 ~2 Z3 24 ~5 Precinct 2; the same amount for Constable, Precinct 3. COMMISSIONER BALDWIN: Move for approval. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve Budget Amendment Request Number 2 for Constable, Precinct 2 and 3. Any questions or comments? JUDGE HENNEKE: Commissioner Letz? COMMISSIONER LETZ: I see this as a -- just increasing their budget, I mean, for a line item that we approved. Commissioner Baldwin is shaking his head no, that's not what it is. COMMISSIONER BALDWIN: No, I see it as a one-time $lU0 that goes into this year's budget. This year's, the year we're in right now. lloesn't affect next year's. Will not affect next year. COMMISSIONER LETZ: This is just -- I know it won't affect next year, but in this year's budget, we budgeted X500 for each of their gasoline allowance, and we're increasing it because there's money left over somewhere in the budget? COMMISSIONER BALDWIN: Well, do you understand why -- why I'm wanting to do it? We haven't had a constable in Precinct 1 in a number of months, and those guys, your constables, have come over and helped serve 10 1 2 3 4 5 6 7 FS 9 10 11 1 L 13 i4 15 16 17 18 19 2n 21 22 23 24 25 papers and do all kind of things for J.P. 1. COMMISSIONER LETZ: A ll right. Th at -- COMMISSIONER BALDWIN: And they've used their gas mon ey in our precinct. And us b eing the very nice people that w e are, including you -- (Laughter.) COMMISSIONER BALDWIN: But, Tommy, I don't see it being -- affecting next year' s budget. Do you? MR. TOMLINSON: Well, next year's budget's sti11 the same. COMMISSIONER LETZ: Okay. I mean, I -- they did something beyond their normal scope of duties. For that reason, okay. 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. Number 3 is for the City/County Operation. MR. TOMLINSON: This is relative to our 2001-2002 budget for -- for the airport. I had a conversation with Dane Tune last month, and we discovered that, contrary to our agreement with the City, that we budgeted -- we budgeted only $46,000 for the airport y _3 ~_ 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 o~ 23 24 25 operations. Our agreement was to budget $97,900, and so this -- this request is my recommendation to transfer the additional $1,900 from the line item in the Juror Fees to transfer into the Airport Operations. DODGE HENNEKE: How did -- how did he come up with 47, 9? MR. TOMLINSON: Well, on -- on the -- the worksheet that we -- in your joint meeting last year, it shows on the worksheet that it's 47, 9. And for the -- for some reason, we didn't -- we didn't budget that amount. JUDGE HENNEKE: Okay. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 3 for City/County Operations. Any questions or comments? If not, all in favor, raise your right hand. lThe motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Number 4 is for Indigent Health Care. MR. TOMLINSON: Okay. This -- this amendment actually increases the budget for Indigent Health Care. Our 1 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 ~0 ~l 22 23 29 25 12 last billing for -- for eligible expense was $747 over the budget of $507,000. Relative to that, we -- we pay our third-party administrator 9 percent of -- of the billing, so that -- that also went over -- over budget. So, I'm requesting that we increase the budget by a total of $1,128.99. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. And that gets us through'? I mean -- MR. TOMLINSON: That finishes us for -- for this fiscal year. DODGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 4 and declare an emergency and increase the budget for Expense Code SC-641-~00, and 50-641-986 by an aggregate amount of $1,1'8.94, with such funds to come from Fund 50 fund balance. COMMISSIONER BALDWIN: Can we make it clear that that's not the General Fund? DODGE HEIQNEP:E: That's not the General Fund. That's the specific fund set up for Indigent Health Care, which is funded by -- MR. TOMLINSON: And just for your information, the County -- the County still has a continuing -_ e- 13 1 2 3 4 J 6 7 8 9 10 11 12 13 14 1 J 16 17 18 10 20 ~l ~2 ?3 24 ?5 liability for Indigent Health Care, up to 8 percent of our general tax revenues, which is the general tax -- the M & 0 levy plus the sales tax that the County receives from sales taxes. So, we still have another approximately $150,000 to $200,000 continuing liability here on top of what we budgeted, the $507,000. JUDGE HENNEKE: The $507,000 is budgeted upon our historical use? MR. TOMLINSON: Right, that's correct. COMMISSIONER BALDWIN: And if we ever did go over that 8 percent, then the State starts participating? MR. TOMLINSON: If -- if they have the money. COMMISSIONER BALDWIN: Yeah, if they have the money, that's correct. That's correct. MR. TUMLINSON: That's been a problem, I think, in counties, especially in the south -- south Texas area, that at the end of the year, the State's run out of money. COMMISSIONER BALDWIN: But it sounds good. MR. TOMLINSON: Yeah. 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.) 19 1 3 4 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 ~3 29 25 DODGE HENNEKE: Motion carries. Number 5 is from the County Treasurer's office. MR. TOMLINSON: This is a request from the Treasurer to transfer $28.08 from Conferences to Postage. C:UMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court appx we Budget Amendment Request Number 5. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 6 is for County Court, County Court at Law, 216th District Court, acid 198th District Court. MR. TOMLINSON: Ukay. This -- this amendment actually increases the budget, but -- but it increases it on the revenue side also. We -- we received our grant from -- from the State for Senate Bill 7 for $17,933. We had -- we had bills for this month for the County Court for $625, for County Court at Law for $889.70, for the 216th Court for -- totaling - we have bi11s totaling $14,010, and for the 198th Court, we have bi11s totaling $1,808.30. COMMISSIONER BALDWIN: 'Pommy, what is that -- 15 1 2 3 4 5 6 7 8 9 10 11 13 13 14 15 16 1~ 18 19 20 ~l ~3 24 25 what do the bills total up? MR. TOMLINSON: That's what the total is. COMMISSIONER BALDWIN: 17, 9? MR. TOMLINSON: We've increased the budget to pay these by $17,933. COMMISSIONER BALDWIN: I see. COMMISSIONER GRIFFIN: I'll move that we pass the amendment as presented. I'm not sure -- do we need to -- we don't -- do we have to declare an emergency, since we're increasing -- even though we got the revenue to cover it? MR.. TOMLINSON: Under if we certify that there's additiona COMMISSIONER GRIFFIN: MR. TOMLINSON: If we budgeted at the outset; that we have COMMISSIONER GRIFFIN: present law, we don't, 1 funds. Oh. do not -- they're not the ability to -- I'll move that we pass the amendment. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court approve Budget Amendment Request Number 5, which increases the revenues Tor the Court-Appointed Attorneys line items in County Court, County Court at Law, 215th District Court, and 198th District Court. Any questions or comments? If not, 16 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 16 1/ 18 19 20 G1 22 2 ?. 24 25 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 7 is for the District Clerk. MR. TOMLINSON: This request is to transfer $314.E9 from the Deputies Salary line item to Overtime. COMMISSIONER WILLIAMS: So moved. COMMISSIUNER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court approve Budget Amendment Request Number 7 for the Uistrict Clerk. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Number 8 is for Law Library. MR. '1'OMLINSUN: Okay. We have current bills totaling $2,569.91. This leaves us with a shortfall in that fund for this line item for -- for that amount. So, our -- our recommendation is to pay this out of surplus funds out of the Law Library. J - 1 3 - i 17 1 3 4 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 GL 22 23 24 ~5 COMMISSIONER GRIFFIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Williams, that the Court approve Budget Amendment Request Number 8 for the Law Library, declare an emergency, and transfer $2,569.91 to Expense Code 18-650-590 from the Fund 18 fund balance, which is not the General Fund. Questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget Amendment Request Number 9 is for County-Sponsored Activities. MR. TOMLINSON: We -- the County received 5308.27 from the State Comptroller for unclaimed property capital credits. Under state law, we're required to use this for economic development purposes only. So, actually, this -- this increase in revenue, we're increasing the budget by the $308.27, and these would be paid to Kerr Economic Development. COMMISSIONER LETZ: We can't put it in reserves and pay it next year, and reduce our expenditure next year? -'~ 18 1 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 ,` ~3 24 25 MR.. TOMLIN~ON: I don't know that, Commissioner. I mean, I don't -- I don't recall anything in the law that says that -- that we can reduce our budget by the amount of this revenue. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: We need to look at that, but first we need to accept the revenue and put it in the proper place. Do I have a motion? COMMISSIONER GRIFFIN: Yes, I move that we approve the budget amendment as submitted. JUDGE HENNEKE: Do I have a second? COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Griffin -- come on, guys -- second by Commissioner Williams, that the Court approve Budget Amendment Request Number 9 for County-Sponsored Activities and increase the budget for Expense Code 10-660-446 by the amount of $308.27. Any questions or comments? COMMISSIONER LE'I'Z: My only comment would be I'd rather put it in reserves and spend it next year, whir_h is not what the amendment was -- or the motion. JUDGE HENNEKE: Well, I think we need to look at that, because I think we need to be sure we can't do that. MR. TOMLINSON: I know that, typically, 19 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 <1 22 23 24 ~S when -- when you gain sources of revenue from the State, it generally has a stipulation that this is above and beyond purposes that you've already budgeted for, and that's just typical. But I'm not sure that that's true in this ease. DODGE HENNEKE: Did we vote on that? COMMISSIONER WILLIAMS: I have a question. Accepting is one thing, but are you going to pay it out to KEDF or just hold it? MR. TOMLINSON: Depends on what you tell me we need to do. COMMISSIONER BALDWIN: Well, his motion was "as presented." COMMISSIONER LETZ: The motion is to pay it back. JUDGE HENNEKE: No, the motion is to increase the budget to accept the revenue. COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: There's been no invoice or presentation of a request to expend the funds, so that's still an issue. MR. TOMLINSON: We don't -- I don't -- I don't suppose we'll ever get an invoice. We just have it -- COMMISSIONER WILLIAMS: Well, we satisfied our obligation to KEDF this year; that's the reason I asked the question. i- ~0 i 3 4 5 E 7 8 0 10 11 IL 13 14 15 15 17 IR 19 20 G1 2' 23 24 25 MR. TOMLINSGN: Yes, w2 did. We have done that. COMMISSIONER WILLIAMS: So, we just -- we're not paying them any more; we're just accepting the money. COMM7SSIONER GRIFFIN: Phat's right. Except that if we don't expend it, it goes into reserve. An,d -- I mean, it has to. If we don't, it stays in that fund. MR. TOMLINSON: We do have to spend it for that purpose. COMMISSIONEP, GRIFFIN: Right. DODGE HENNEKE: Right, we have to spend it fcr that purpose. Well, let`s move on the amendment. You know, if we find that we have to expend the funds, we can bring it back at the next meeting, which is still in this fiscal year, and move it out. 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.) DODGE HENNEKE: Motion carries. Any more late bills, Tommy? MR. TGMLINSON: I have one. I need a hand check payable to the Texas Association of County Auditors Conference Fund. This is -- this is for $1~0. This is due October the 7th, and we don't meet again until after that, 21 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2G 21 ,2 23 24 2~ so that's my request. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve a late bill and hand check in the amount of $190 payable to the Teras Association of County Auditors for conference registration. 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. At this time, I would entertain a motion to waive reading and approve the minutes of the Monday, August 12th meeting, and the Monday, August 26th meeting. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court waive reading and approve the minutes of the August 12th and August 26th meetings of the Kerr County Commissioners Court. Questions or comments? If not, all in tavor, raise your right hand. (The motion carried by unanimous vote.) i- zz 1 3 4 5 E 8 9 10 11 12 13 14 15 16 I~ 1R 19 20 21 zz 23 ~4 25 JUDGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. I'll also entertain a motion at This time to approve and accept the monthly reports as presented. COMMISSIONER BALDWIN: So moved. COMMISSIONER GRIFFIN: Second, JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve and accept the monthly reports as presented. Any questions or cornments? If nct, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Moving into consideration agenda, the first item for consideration is Item Number 1, consider and discuss execution of document for the FY 2602 Entitlement Grant funds fcr fencing improvement project at the airport, and authorize the County Judge to sign the same. Megan Caffall, come on down. MS. CAFFALL: Morning. Back in April, the Court authorized application to '1'exDUT for these Entitlement Grant funds for the fencing project at the airport. This item is on your agenda to authorize the Judge to sign those -~s-~,. 1 2 3 4 5 h 8 9 10 11 12 13 14 15 16 l~ 18 19 20 21 23 23 24 25 23 documents. COMMISSIONER WILLIAMS: What was the amount again, Megan? MS. CAFFALL: The grant is $150,000. Our match is $16,667. JUDGE HENNEKE: And you have the match already in the airport budget; is that correct? MS. CAFFALL: Yes, sir. At the time we brought this item up, we weren't sure. One of our audits this year uncovered some unencumbered grant funds in the amount of almost $16,000, and we've had a savings in our other grant match line items, so we will -- I will encumber these funds out of this year's budget. Because the project actually won't even begin until next budget year. So, the funds will be encumbered out of this year's budget, where they are resident. COMMISSIONER BALDWIN: Move for approval. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve the documents for the FY X002 Entitlement Grant funds for the fencing improvement project at the airport and authorize the County Judge to sign the same. Questions or comments? If not, all in favor, raise your right hand. (The motion carried by ur.a n.imous voLe.j -t3-~..~ 24 1 3 4 5 6 7 8 y 10 11 12 13 14 15 16 1~ 18 19 2 it ZI 22 23 29 ~5 JUDGE HENNEKE: (No response.) JUDGE HENNEKE: Megan. Opposed, same sign. Motion carries. Thank ycu MS. CAFFALL: These documents are in our City Attorney's office waiting to be signed by the City, so I'll bring them over as soon as they pass through our signature deal. JUDGE HENNEKE: This is not them'? MS. CAFFALL: That is them; it's a copy. MS. ALFORD: Looks like the original to me. (Discussion off the record.) MS. CAFFALL: I think they have to be signed by the County Attorney, too? No, these are -- it had County Judge and some other things typed on this. t'l1 bring these back. We have three copies. {Discussion off the record.) MS. CAFFALL: Thank you. JUDGE HENNEKE: Item Number 2 is -- Mr. Emerson's going to present that. I don't see him in the courtroom, so we'll slide by that one for now. Item Number 3 is tc consider a variance for less than 200-foot frontage on Scenic Valley Road, and exemption from platting based upon agricultural use. Jonathan? MR. JOHNSTON: 't'his is a piece of propeiLy 2s 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 on -- located on Scenic Valley Road. 1 think you have a copy of the plat -- survey plat. The property is divided -- always has been, I guess -- by electrical easement, 100 foot wide. Northern part has access to Scenic Valley Road. Originally said by an easement, but actually the owner says now it is actually on the strip of property. He's here in court, so it you have any questions -- and the other part of the property has a separate access to Scenic Valley Road. This -- this configuration has been in place since the 19E0's, so it seems to predate our Subdivision Rules. He now wants to divide it, but it would probably require a variance on that frontage rule. COMMISSIONER LETZ: I don't see why it requires a variance. MR. JOHNSTGN Maybe it wouldn't requite a variance. COMMISSIONER LETZ: It doesn't -- it's over -- he's not doing anything -- it's not a subdivision. He's not making a subdivision. It doesn't qualify as a subdivision, so the 200-foot rule doesn't apply, the way I see it. He's not creating an easement, he's dividing a piece of tract -- a tract of land that already has access. MR. JOHNSTON: Beett in place fur lurigeL than we've had rules. COMMISSIONER LETZ: It doesn't qualify under "-- --~ 2F 1 2 3 9 5 5 7 ft 9 10 11 1 L 13 14 15 16 17 18 ly ZG 21 22 ~3 24 25 Section 1.03 of being a subdivision; therefore, the 200-foot rule doesn't apply. MR. JOHNSTON: That's probably what he wanted you to say. COMMISSIONER LETZ: I said it. MR. JOHNSTON: It's still unclear, but I would agree with that. COMMISSIONER BALDWIN: No action necessary on that, Judge. JUDGE HENNEKE: Sounds like a good idea to me. (Discussion off the record.) JUDGE HENNEKE: Let's take up Item Number 16, if we can, since we have some individuals in the courtroom for that. Item Number 16 is consider and discuss and take appropriate action on the request by the Center Point Area Historical Preservation Association and Center Point Post of the American Legion that Kerr County quitclaim its interest in the alleyways and street easements granted in 1926 to the "Town of Center Point" by the Center Point Mercantile Company, and authorize County Judge to sign the same. Commissioner Williams. COMMISSIONER WILLIAMS: I'm going to try to unconvolute this convoluted situation here. And, as you know, Judge, in the introductory remarks, this -- this 5-_;-u~ z~ 1 .... 3 4 5 E 7 8 9 10 11 12 13 14 15 15 17 18 19 20 '1 22 23 r-- 2 4 25 matter really goes all the way back to 1926, when the Center Point Mercantile Company, which was then in business, gave some easements and alleyways to what they believed to be then the City of Center Point. Since that time, the property's changed hands a number of times, and it's finally Legion for many years, and -- but most recently, the Center Point Area Historical Preservation Association. The purpose of the agenda item is to clear up the easements and get rid of them, since the County really has no interest ir. having these easements or these pieces of property, which the Center Point Historical Association and the American Legion have consolidated into their particular fields of interest and operation. The Historical Association has gone to great lengths to acquire this property, and has biq plans for how it is to be made into a public park and museum. This would benefit the Center Point area. I asked the County Attorney to research this matter, going back as far as November of 2000, when it was first brought to my attention. And, if I remember correctly, when I bumped into the County Attorney one time in the lobby of the courthouse, he said that -- I asked him about this. He indicated to me that if he had had this particular problem presented to him during his period in law school as a -- as a matter to be sorted out and to test, he -_ 3-~~~ 28 1 3 4 6 7 8 a 10 11 12 13 14 15 I6 17 1 ti 19 20 21 22 23 24 25 said he probably would have shot himself, so -- it becomes so convoluted. (Laughter.) COMMISSIONER WILLIAMS: So, it has to do with a town that was there, isn't there, came back, and is not there. It has to do with a business that was there; it went bankrupt. And who -- to whom -- who accepted the original easements, nobody in this world knows. And, so, after trying to sort it out all this length of time, we finally arrived at a conclusion, that quitclaim deeds for these particular alleyways and streets to these two organizations, both of which are nonprofit -- not-for-profit, would be an adequate and feasible and logical conclusion. Before we get into that and any discussion, I really would like to introduce a couple people and let them talk to you just for a moment about the plans for -- the Center Point Historical Preservation Association's plans Tor the park. I'll introduce Ken Wardlaw, who is the current president of the association, and Delmas Hesseltine, the vice president. Ken, do you want to come up and just give the Court a brief overview of what your plans are? Do you have a site plan? Bring it up and show it to us if you have it. MR. WARDLAW: I wish 1 had made some copies of it, but I didn't. This is north and those are the two little alleys. 4-_~-ii° 1 ._ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 29 COMMISSIONER WILLIAMS: We have that. MR. WARDLAW: You've got that? COMMISSIONER WILLIAMS: That's in our packet. MR. WARDLAW: As Bill said, we have been to junkyard, cleaned the property. We had high school kids helping us clean the property to get it to its current state. We now have hired a master planner that has drawn up a big master plan for the park, to include a museum, public -- big, open amphitheater-type thing, entry wall with bricks honoring the people that have lived and worked in the Center Point area, to make this a big community piece of property. And there are two alleys that are cutting -- chose two alleys that are cutting through the property. We have spoken with the American Legion; we've talked to them, and we both agreed we could split these down the middle where they're adjoining our properties. They could complete their landscaping projects, and we could then move ahead with our landscaping projects and our master plan. COMMISSIONER WILLIAMS: Thank you, Ken. David, do you want to address the issue, or are we satisfied that we've covered it adequately? I have in my possession two quitclaim deeds, one to the Center Point Area Historical Preservation Association, the other to American Legion Post -.s ~~_ 30 1 2 3 4 5 E. 7 8 9 10 11 12 13 14 15 16 17 18 19 '0 21 L2 23 24 25 583, which the County Attorney has prepared. Any Lt-ling you want to add to this discussion, David? MR. MOTLEY: Really, the only thing I might add is that you had made mention that there were -- there were reserved alleyways and streets, and it looks to me like the streets were -- the part of them reserved as streets are currently being used as streets, so I just made this for the alleyways. I think that's it. And it looks like That ought to do the job there. COMMISSIONER WILLIAMS: Okay. Judge, I would move Court approval of the -- let's see if I can phrase this - quitclaim deeds -- County issuing quitclaim deeds for its interest in alleyways to the Center Point Arca Historical Preservation Association and to the American Legion Post 583, I believe it is. If yuu need to add anything -- and the County Judge to sign same. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner GriffLn, that the Court authorize issuance of quitclaim deeds from Kerr County to the Center Point Area Historical Preservation Association and the Center Point American Legion Post 583 for the County's right and interest, if any, in certain alleyways identified in the quitclaim deeds, and authorize County Judge to sign the deeds. d-~~~~ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 1 ti 19 ,~ 21 22 23 ~9 25 31 COMMISSIONER LETZ: And there is a legal description in the quitclaims of the alleyways? COMMISSIONER WILLIAMS: Legal description's in there. MR. MOTLEY: What this actually is, is the original language creating the subdivision. I just set that all out, and it identifies each of the 12 lots, as well as the two alleyways. The 12-foot alleyway running -- I believe it's east and west -- no, excuse me, it's north and south, and then another 10-foot alleyway coming out to San Antonio Street, I believe. There's an error, by the way, in the original field notes. It says Lot 6, which I believe was donated to the Historical Society by Mr. Hesseltine, faced Y,e1ly Street, and it does face San Antonio Street, but we've left it as it was. But it`s just reproduced, and the alleyways are referred to as the land described as alleyways in the following, you know, subdivision and plat field notes. COMMISSIONER WILLIAMS: I might add just one quick note, Judge. While there's no representative from American Legion here today, they are aware of this and have, on many occasions, requested the same action be taken in favor of them as well. JUDGE HENNEFCE: Any or questions or comments? If not, all in favor, raise your right hand. _ i-~~_ 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 lU 20 21 22 23 24 25 (The motion carried by unanimous vote.) TUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's next take up Item Number 8, consider and discuss report on the Sheppard Rees Road project by the Road and Bridge Engineer. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes, sir. As you gentlemen remember, a month ago, we authorized transfers from Schreiner Trust Fund moneys to that project, and we gust -- Franklin, I just want you to understand that this Commissioners Court is just interested in getting the project done and -- and completed. It's the -- it's the project, in my mind, that we are actually getting out in front of the building curve in Kerr County, and -- and getting the road done before the high amount of traffic actually is there. But I went out and walked around the project last week, and there is a high amount of traffic out there already. Man, and they drive way too fast. The Sheriff needs to sit there with his pistol and slow some of that down. SHERIFF HIERHOLZER: I'll deputize you, Commissioner. COMMISSIONER BALDWIN: So -- so, with that large of a project, I just asked the engineer to come in and 4-~~3 ~, _ 33 1 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 1/ 18 19 20 21 22 ~3 24 25 kind of give us a report of when he -- and the printout that he sent over here on that project is very, very clear, and I appreciate you doing that, Franklin. Thank you. MR. JOHNSTON: The only -- the only comments I had -- you know, I got your memo, and it mentioned the $307,000, as if we knew that was -- what that was all about. We were really -- didn't have a clue what that was about. Our budget was broken up in several projects. We just wanted to, I mean, go over that, clarify that, make sure we're all on the same page. We originally had capital outlays of -- of -- about that amount, and we have -- in the 600 item, we had a computer for $3,300, which was cut. And then we had 611 items; we had Sheppard Rees, which was $231,000. COMM155IUNER BALDWIN: Let me explain it to you so you don't have to go through all that. We were sitting here in the budget process. There was lots of numbers flying all over the table, and the Judge and I both said we think the project -- 1 remember numbers like 307,000. And we said, "Let's do it by..." and went on to the next project. MR. JOHNSTON: So, all these other projects are not -- you know, not included? I mean, it's just this project and that's it? Or -- COMMISSIONER BALDWIN: That is correct. _ a-~~ 34 1 2 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. JOHNSTON: Or that one as a priority? COMMISSIONER GRIFFIN: That money for -- that particular money was taken from the Sheppard Rees. DODGE HENNEKE: Time out. All we did was -- you know, you had $231,000 in the budget for Sheppard Rees. MR. JOHNSTON: Yes, plus several other projects. JUDGE HENNEKE: No, we had $231,000 in the budget for Sheppard Rees. Focus on that. MR. JOHNSTON: Yes, sir. JUDGE HENNEKE: What we did was we authorized transfer of that -- of that amount of money from the Schreiner Road Trust to the Road and Bridge budget for use on the Sheppard Rees project. MR. JOHNSTUN: Well, that was 231, but you transferred 307, so that's why I'm confused. That's almost the total amount. DODGE HENNEKE: I don't know where 307 comes from. It's -- 231 is the amount. COMMISSIONER GRIFFIN: 307 was what was there that we could use. COMMISSIONER LETZ: I think -- no, 307 is what we had previously cut, and we restored that full amount, including 231, I think, the Sheppard Rees. MR. JOHNSTON: That's tk-ie confusion, trying ~_ ;- - - 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2i .4 25 35 to get these numbers clarified. COMMISSIONER BALDWIN: 231 is what we transferred. JUDGE HENNEKE: From Schreiner Road Trust. COMMISSIONER LETZ: And the balance to get that 307 is the other things that we had cut in the capital -- on the -- you know, to get some other items. I don't remember remember exactly what they all were. 'Cause we restored everything that we cut, as I recall. MR. JUHNSTON: That's what I'm saying. AL1 these other items are also restored besides Sheppard Rees, but Sheppard Rees is a priority item? Is that how we should look at it? JUDGE HENNEKE: It has nothing to do with priorities. The budget you submitted had a figure of $231,000 for the Sheppard Pees. MR. JOHNSTON: That's correct. DODGE HENCSEKE: In order to avoid having to take $231,000 out of reserves, Commissioner Baldwin and Commissioner Griffin agreed that the $ 31,000 for Sheppard Rees could come from the Schreiner xoad Trust. MR. JOHNSTUN: However, in his memo, it said 5307,000. COMMISSIONER BALDWIN: Yeah, I see what you're saying now, and I apologize. 36 1 2 3 4 5 h 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JOHNSTON: It's not 231, it's 307. COMMISSIONER BALDWIN: That is absolutely correct. If you look at the original memo I sent you -- MR. JOHNSTON: That restores all -- COMMISSIONER BALDWIN: Let me finish. In your original memo that I se nt out there, it says $231,000. How that 307 got in put in t here, I don't have any damn idea. It's 2 31, Finish the project, please. You need anything else clarified, or what? COMMISSIONER LETZ: I think we need to clarify the r est of the mone y. MR. JOHNSTON: That's a big difference. COMMISSIONER BALDWIN: 231. MR. JOHNSTON: Okay. COMMISSIONER LETZ: That's Sheppard Rees. But the -- COMMISSIONER BALDWIN: Sheppard Rees manly. I don't know what you`re doing around the rest of the county. I'm not interested. Today we're talking about Sheppard Rees. COMMISSIONER LETZ: High*. Okay. MR. JOHNSTON: But I -- you know, my confusion is your memo said that number. That's where I got it. COMMISSIONER BALDWIN: Okay. I deeply ,__ j_~,_ 37 1 2 3 4 5 6 7 8 9 10 11 1^ 13 14 15 16 17 18 19 .0 '1 22 23 24 25 apologize, Franklin. Wculd you accept my apology? MR. JOHNSTON: I do. COMMISSIONER BALDWIN: Thank you. MR. JOHNSTON: That may have an impact on what I'm going to say in the rest of this, 'cause we were looking at 307, but we were confused if that was just this project or if it was something else. COMMISSIONER WILLIAMS: Well, so that somebody whc doesn't benefit by Schreiner Road Trust understands this correctly, we're only transferring $231,000 from the Schreiner Road Trust. COMMISSIONER BALDWIN: That's right. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: Wait a minute. MR. TOMLINSON: Actually, we're not transferring. The way I see it, we're actually spending -- using the money from that -- COMMISSIONER WILLIAMS: Okay. MP,. TOMLINSON: -- trust. COMMISSIONER LETZ: So, that 231 does not show up in -- it shows up under the Schreiner Road Trust and not under your -- on other funds? MR. TOMLINSUN: That's correct. COMMISSIONER LETZ: General funds. MR. JOHNSTON: That was also part of the 9 - P i - C. ~' 1 2 3 4 5 6 8 9 IO 11 12 13 14 15 16 l~ 18 19 20 21 22 23 ~4 25 38 confusion, 'cause it didn't show up anywhere. COMMISSIONER GRIFFIN: Remembering -- rememberin g that Schreiner R oad Trust is going to be used iii Precincts I and 4, -- MR. JOHNSTON: P.ight. COMMISSIONER GRIFFIN: -- what we said was that the a mount that was requested for Sheppard Rees would be funded from -- from the t rust fund. MR. JGHNSTON: Mm-hmm. COMMISSIONER GRIFFIN: Up to whatever was available. As it turns out, I think that's where the 307 came from. It should 231. COMMISSIONER BALDWIN: 231 is what you have. MR. JOHNSTON: However, the -- the other projects a re in 4, so they - - COMMISSIONER LETZ: No. It was only that one projec*.. The rest of it was as -- COMMISSIONER GRIFFIN: As mentioned. COMMISSIONER LETZ: Tonuny had modified the budget. MR. JOHNSTON: Okay. Now that that's somewhat cleared up, let me proceed. So far in Sheppard Rees, eight major steps have been completed. Engineering plans are complete. The right-of-way has been acquired. The fence near Horizon has been relocated. The bid packet d _ 3 _ 39 1 .-, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~.-, 25 has been written; it needs probably to be slightly rewritten, depending on what -- how we're going to organize the bid here in this next month, but that will take a very stockpiled on-site, 6,500 tons. Right-of-way has been have been purchased and are located on the site. Only three steps remain to have it completed, one being the -- the bid for the subgrade, which would be cuts and fills, approximately 70,000 cubic yards of material. And that, I think, is where the number -- the 231 had come from, is just to do that part -- that step, that part of the project. When we saw the 307 number, we thought, well, we can get the whole thing done with the contractor, but I think the 231 is probably going to pay for the subgrade only, if we put it out to bid. Now, Ltiat would also include signage, flagging, and keeping the road open to through-traffic during the -- during this phase oL the project. We're going to have an alternate bid to have the contractor place material that's on-site, the base material, and place it on the road. I don't know if -- you know, S don't know if the budget would handle that, buL we'll have to see when the bids come in, see how we're going to handle that. And then that's approximately a three, three and a J3 ~~_ 40 1 2 3 4 5 5 8 9 10 11 1~ 13 14 15 1G 17 18 19 20 21 ~~ 23 24 zs half month project. Thar will put us in the spring, and Road and Bridqe Department will pave the road, and that will be the end of the project. Phase I up to the Shep -- up to Horizon. COMMISSIONER BALDWIN: Franklin, when you get -- when you get down into that area, would you -- and it looks like you're spending the $231,000 -- and, as you said, that's r.ot even going to be anywhere near to finish the project -- would you please report back to the Commissioners Court and give us the status of where you are, please? MR. JOHNSTON: I think prcbably even before that; I think at bidding, we'll pretty much know at that point. And I think we'll have to, you know, make decisions at that point, what -- how far we're -- if we want to do another year, if we want to, you know, do -- do it another way, or -- or how we want to finish up on it. COMMISSIONER BALDWIN: I'd appreciate that. Thank you. MR. JOHNSTON; Yeah. COMMISSIONEP. BALDWIN: Thank you very much. JUDGE HEND7E KE: Any other questions fcr Franklin on that project? COMMISSIONER LETZ: I have a related question, because of the number 8 item he has on here related to flood damage. The question is, that six-month -_i-~~_ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 41 time period, are we able to get it done in six months, the flood damage? You said we have six months to get the work done by FEMA? MR. JOHNSTON: We were wanting to contract all of this project so we can use our -- our crews and our hourly crews to complete that -- those projects in six months. Now, if we run out of money on the 231 versus the other, you know, that would -- we'd have to make a decision. We either want to do that project in-house, or -- you know, this project's pretty important; we have to get that done or we don't get reimbursed, so we're kind of getting tight on some of that. COMMISSIONER LETZ: Okay. Just -- I'd probably send cut a request, then, to have an upgrade -- update on the flood next meeting, or maybe late October -- mid-October, because that flood is still real important. I know there's -- a lot of the roads in Precinct 3 are still in really bad shape. I know y'all are aware of that and are working on them as you can, but I didn't realize you've yuL a six-month period, and the Hermann Sons bridge issue also. We just need to get a goad update on the flood situation. MR. JOHNSTON: A lot coming up this year. A lot of the program we didn't finish this year, we're gaming to have to try to work it in ner.t. A lot of extra work. COMMISSIONER LETZ: All right, - - 1 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, 23 24 25 9~ COMMISSIONER BALDWIN: You're not thinking this project is affecting the timetable of -- of the flood work? COMMISSIONER LETZ: It potentially could. COMMISSIONER BALDWIN: I see. MR. JOHNSTON: It depends on the way you're funding it. That's why I was so confused about the money. If we have enough money to contract the entire amount, it won't affect it, basically, but if we have to do a lot of it in-house, it's going to affect it, 'cause we only have so many hours we can work. COMMISSIONER BALDWIN: I see. You're contracting it out. Where is the -- I don't get iL. JUDGE HENNEKE: We have to do the -- the flood damage mitigation; we have the timetable on that. COMMISSIONER BALDWIN: That's a must. I understand tYrat. JUDGE HENNEKE: So, anything else that has to be shifted will be shifted. MR. JOHNSTON: You know, contracting out, you know, you have a contract to do the work versus having Road and Bridge doing it in-house. That's what I'm talking about. COMMISSIONER LETZ: The only part you're looking at doing in-house is the sealcoating. -~'3-;, 1 2 3 9 5 E 7 8 9 10 Il 12 13 14 15 16 1? 18 19 20 21 22 23 29 25 43 COMMISSIONER BALDWIN: That's way down the road. MR. JOHNSTON: No. The question would be placing the base. That would be an item that we could do in-house, or we r_ould contract, and that`s what we'd prefer, is to contract out, have it all done. COMMISSIONER GRIFFIN: That's included in the 231 budget? MR. JOHNSTON: It's an alternate. COMMISSIONER GRIFFIN: Placing it? MR. JOHNSTON: I talked to Leonard. I think 231 is the subgrade. That's where you come up with that number. I think it may not include placing the base. COMMISSIONER BALDWIN: Wel], I put this on the agenda so I could clarify some things, and it's gotten worse. I'll get with you guys and visit. We'll visit. COMMISSIONER LETZ: Just -- and I think that's good, but if there's more thanL31 available in the Schreiner Trust and the two of you want to use it for this -- COMMISSIONER GRIP'N1N: And we said we did. COMMISSIONER LETZ: Yeah, we could get it done. I agree it needs ro get done. COMMISSIONER BALDWIN: We'll go back and look at it. "= 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2G 21 22 23 ~4 25 44 MR. JOHNSTON: If everyone wants to get it done, it will be done. DODGE HENNEKE: Ukay, thank you. COMMISSIONER BALDWIN: Thank you. DODGE HENNEKE: Let's go back and pick up Item Number 2, consideration and approval of the funding from Hill Country Alternate Dispute Resolution Center, Inc. Mr. Emerson? MR. EMERSON: Thank you, Judge, Commissioners. I apologize for being ]ate; I was tied up upstairs in District Court. I'm sure -- if you've seen the letter from Ms. Bailey, what we've done is reapproached the Court with an annual funding request based on one full-time employee, and based on our conversations with the Bexar County and Travis County Alternative Dispute Resolutiun Center, potential hire of of one part-time employee to supplement that. And, as such, we've asked the County fur $42,480 to be used on personnel funds for this center. It's my understanding from Ms. Decker that there's about $70,000 currently in the fund. JUDGE HENNEKE: So you're asking us to increase what we have now to the $42,408; is that correct? MR. EMERSON: That's correct. My understanding is the original presentation was that a six-month presentation was made, and we were asked to come -=~,-n~ 45 1 ,.~ 2 3 4 5 6 7 8 9 10 11 12 ,,,, i 3 14 15 16 17 18 19 7Q 21 22 23 '4 25 back with an annual presentation, one year, to match up with the County's budget line items, and that's what we've done. And the only difference other than that is that we have JUDGE HENNEKE: Any questions? COMMISSIONER LETZ: What -- the $70,000 in that fund currently, plus-or-minus, what happens when that amount is exhausted? MR. EMERSON: Theoretically, based on our numbers and our conversations with the community grant funding and with the -- we think we can generate income. We should be self-sufficient monetarily within about a year and a half. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: Rex, you're showing other funds totaling $22,500, for a total budget of $55,000. What's the status of your obtaining these other funds? MR. EMERSON: We've submitted one grant application for $8,200, which my understanding, it's most ~ikely going to be approved. There have been several other charitable organizations that have been approached that have been very positive and supportive of this issue, but those grant applications are in process at this time. JUDGE HENNEKE: This is what that fund's set 46 1 2 3 4 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 G1 2~ 23 24 25 up for. COMMISSIONER BALDWIN: Sure. I'll move for approval. COMMISSIONER GRIFFIN: Second. DODGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve the request from the Hill Country Alternative Dispute Resolution Center, Inc., to allocate $42,480 from the Alternate Dispute Resolution Fund for their operations for the next fiscal year. COMMISSIONER LETZ: Is this -- this is a change from what's in the budget, correct? DODGE HENNEKE: Yes. We currently have 21, ~, I think, in the budget. MR. TOMLINSON: I don't recall what's in the budget currently. JUDGE HENNEKE: It's 21 or 2~. This is about doubling what's in the current budget. COMMISSIONER LETZ: And the only reason -- I have no problem doing it, but is it easier to do it -- can we get the change in the budget before we finalize the budget, or do we need to do a budget amendment on October 13th? JUDGE HENNEKE: We have a number of budget amendments that will be considered before we act on the 97 1 9 S 6 8 9 10 11 l~ 13 14 15 16 17 18 19 20 L I 2~ 23 ?4 21 final budget, so we can just add this to them. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Can I ask you a question? MR. EMERSON: Sure. COMMISSIONER BALDWIN: We had talked about the physical facility upstairs for them to house your group. We talked about that little cubbyhole over in the corner. There's enough room for a desk and computer and that kind of thing there. Isn't that what we -- MR. EMERSON: That's correct. COMMISSIONER BALDWIN: And now we're up to two employees. What do we do -- where are we going to put the other person? MR. EMERSON: I think there's room in there for that second employee. That won't be somebody that will be brought on board initially, anyway. COMMISSIONER BALDWIN: In that same little -- MR. EMERSON: Correct. COMMISSIONER BALDWIN: -- cubbyhole area? MR. EMERSON: We won't require any additional space. COMMISSIUNER BALDWIN: Okay. If you start branching out a little bit, please come back. MR. EMERS~~N: Yes, sir. ~-_~-u~ 48 1 2 3 4 ti 6 7 2 9 10 11 12 1? 19 IJ 16 17 lA ly 20 Zl 23 ?q 25 COMMISSIONER BALDWIN: Save a knock-down, drag-out later. JUDGE HENYdEKE: 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. Thank you, Kex. MR. EMERSON: Thank y'all. JUDGE HENNEKE: We have a public hearing at 10:00. I'll bet we ran sneak in Number 9 if we wanted to. Let's do Number 9, which is consider and discuss engagement of Pressler Thompson Company to do the Kerr county audit for Fiscal Year 01-02. COMMISSIONER BALDWIN: Judge, because these are professional services, bidding is not required? JUDGE HENNEKE: That's correct. CUMM1551ONER BALDWIN: I move -- I move for approval. I move that we approve. COMMISSIONEK WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve the engagement of Pressler Thompson Company to do -- to perform the Kerr County audit for FY O1-U2. Before we ~- 49 1 3 9 5 6 7 5 9 10 11 12 13 14 15 16 17 18 19 2~ 21 22 23 24 25 vote, Tommy, how many years has Pressler Thompson been doing the audit now? MR. TOMLINSON: I'm not sure. At least five. JUDGE HENNEKE: The Auditor explained to us earlier in the year that it was important in his mind that we keep the same auditor, because of the transformation to GASB 34. MR. TOMLINSON: Right. JUDGE HENNEKE: Which I think is a totally legitimate request. MR. TOMLINSON: I've already had extensive conversation with them concerning the conversion to the GASB 34, and I'm going to have to rely on some -- you know, their expertise and feel. And the third-party auditors are the people that we have to satisfy, so I think -- I just -- they're familiar with our system and they're familiar with the reporting that we do now, so I -- I just think it's logical to keep them for at least the nett year. CUMM155iONER LETZ: When will the transformation be complete from -- from the audit standpoint? MR. TOMLINSON: Well, after the end of this fiscal year, we actually have to -- we actually have to restate the numbers at the end of -- of this fiscal year. The conversion itself will take place all through the -- all '__''_ ~` 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 2G 21 2~ 23 L4 25 through next year. The first statement that will -- that we will present under GASB 34 will be, again, this coming fiscal year, but at the same time, we will restate this fiscal year. COMMISSIONER LETZ: Okay. COMMISSIONER GRIFFIN: So you have a base to work from. COMMISSZONER LETZ: Okay. So, if we -- the transformation, basically, at the end of the 2003 budget. We -- it will be completed, so that will be a good time to qo out for proposals for -- or put this -- discuss this at length again. JUDGE HENNEKE: Okay. P.ny 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.) JLiDGE HENNEKE: Moticn carries. All right it's now 10 o'clock. At this time, we will recess the Kerr County Commissioners Court special session, open the public hearing on the issue of regulatory signs, name change, and school zone for Our Lady of the Hills High School. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) F U B L I C H E A R I N G 51 1 3 4 5 6 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 ~~ 23 24 ~5 J~JDGE HENNEKE: Is there any member of the public who would like to address the Commissioners Court during this public hearing on the issue of regulatory signs, name change, and school zone for Our Lady of the Hi11s High School? (No response.) DODGE HENNEKE: Once again, is there any member of the public who would like to address the Court during this public hearing on the issue of regulatory signs, name change, and school zone for Our Lady of the Hills High School? Seeing none, I declare the public hearing to be closed, and we'll now reconvene this regular special session of the Kerr County Commissioners court. (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was reopened.) DODGE HENNEKE: Phe next item fur consideration is Item Number 5, which is to consider approval for regulatory signs, name change, and school zone for Our Lady of the Hills High School, as presented in the public hearing. Commissioner Williams? COMMISSIONER WILLIAMS: I have a question, Judge. I want this to move forward, but this is not all about the Lady of the Hills High School, as it seemed to indir_ate here. This is about changing names, about ~_-, . 52 1 2 3 4 5 6 7 8 9 10 11 1L 13 19 15 16 17 18 la ~n 21 22 23 24 25 establishing some speed limits on three different roads iii the county, and about dumping, about stop signs, as well as school zone. JUDGE HENNEKE: That's correct. And the public hearing is accurate. The public hearing states that it -- the public notice states the public hearing will be to consider adoption of the proposed road name change in accordance with the guidelines of Kerr 9ll, regulatory signs in various locations of Kerr County, and to establish a school zone for Our Lady of the Hills High School. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: So that is actually what we're considering at this time. COMMISSIONER WILLIAMS: Then I would move approval for all of the above. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Cour*_ approve the name change, regulatory signs, and school zone in Kerr County. Just for clarification, I'm going to recite those. The name change is to change the name, currently Skyline Drive West, to Nimitz Drive West. The speed limits on Old Mountain Home Loop Northwest will be 35 miles per hour, Boardwalk North caould be 45 miles per hour, Honey Creek West would be 35 miles per hour. "No Dumping" signs __, S3 1 2 3 4 5 6 7 8 9 10 li 1. 13 14 15 16 1% 18 19 ZO 21 22 23 29 25 on Kerrville South Drive South and Pike's Peak South. A stop sign at Beaver Road South, which stops to Indian Creek Road South, and a 20 rnile-per-hour speed limit and school zone 20G feet east and west of Our Lady of the Hills High School property on Peterson Farm Road North during the hours of 8 a.m. to 9:75 a.m., and during the time of 3 p.m. to 4 p.m. Also, a "School Speed Zone Ahead" sign 500 feet east of the 20 mi]e-per-hour school zone on Peterson Farm Road. COMMISSIONER WILLIAMS: I have a question of the County Engineer. Franklin, I know we put up temporary signs to benefit the school. Has the permanent flashing sign been ordered? MR. JOHNSTON: It's been ordered. COMMISSIONER WILLIAMS: And does the school know the cost of reimbursement to the County for that amount? MR. JOHNSTON: My understanding is we will notify them. I think the school pays for it and we install it and operate it, but yeah. COMMISSIONER WILLIAMS: Thank you. JUDGE HENNEKE: Motion's been made and seconded. 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. a-_ ~-cz 54 1 3 4 5 6 7 8 J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No respcnse.) DODGE HENNEKE: Motion carries. As we wait for the time for our next consideration, let's take up Item Number i0, and perhaps successive items. Item Number 10 is consider and discuss Order of the General Election required by Section 3.004 and 3.005 of the Texas Election Code, and authorize the County Judge to sign the Order of Election. Jannett Pieper. MS. PIEPER.: Well, Judge, ycu said it all again. This is just a formality that we have to qo through. The governor orders the election for state and federal, and the County Judge and Commissioners order the -- order the election for the county and precinct officers. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. COMMISSIONER LETZ: Second -- third. DODGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court order the general election as required by Section 3.004 and 3.005 of the Texas Election Code, and authorize County Judge to sign the Order of Election. Any other questions or comments? If not, all Ln favor, raise your right hand. (The motion carried by unanimouc vote.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JS 1 2 3 4 5 5 8 u 10 11 12 13 14 15 16 17 18 19 20 21 z2 23 29 25 JODGE HENNEKE: Motion carries. Item Number 11, consider and discuss approval of the polling locations in accordance with Chapter 43 of the Texas Election Code. Jannett? MS. PIEPER: Gentlemen, after many e-mails to you, these are the election sites that I have come up with. JUDGE HENNEKE: Any questions or comments? COMMISSIONER WILLIAMS: I have a comment. Might be a question. I know that the County Clerk is satisfied that the change of locations at Precinct 202 saves us some money in the election fund. I would, again, raise the issue of -- the fact that during any given election day, unless it falls on a Saturday or Sunday, which they don't often do, there are people in the American Legion building eating their lunch during the -- MS. PIEPER: That is correct. COMM1SSIONER WILLIAMS: -- during the voting, too. I want you to tell the Court you don't think that's a problem. MS. PIEPER: No, sir, I don't think that's a problem. I have checked that out, and there will be as many as up to 10 people eating. The meals are provided by the program Meals on Wheels. They will be serving that in the front of the American Legion building, and the voting will be yoing on in the back, so I'm hoping that those 10 people 1 L 9 5 6 7 5 9 10 11 12 13 19 15 15 17 i8 19 20 21 ~, , 23 24 25 56 that come in to eat can vote as well while they're there. They will probably be there, at the most, two hours serving meals, so I don't anticipate that being a problem at all. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: Any other questions or comments? COMMISSIONER BALDWIN: Mrs. Clerk, I know this is -- once again, I'm late in expressing a concern, but the early voting happening in the courthouse, if I had the opportunity to vote on that issue, I would vote against doing that. 1 just thought about it, and I just -- it's going to be a logistics nightmare down there. But I'm sure that it's too late to try to change something like that. I just wanted to express my concern about it. MS. PlEPER.: I don't think it will be a nightmare. I think if we hold the election down in the area right after you go out of the elevator, I think it would be an excellent place. COMMISSIONER BALUWIN: Okay. You can't have my parking place. MS. PIEPER: I won't need your parking place. COMMISSIONER BALDWIN: Just teasing. JUDGE HENNEKE: You're probably going to have 500 people a day, minimum, voting, and I have some real concerns about the parking and the -- and I agree with __i_~~_, 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 L 'J 21 22 23 24 25 Commissioner Baldwin; I think it's going to be very difficult. You're going to have some large signs printed, you know, "Parking for Voters Only," and "Voting This Way." MS. PIEPER: It's your call,gentlemen. If y'all want me back at Zion Lutheran, that's fine; I have to increase that budget. I mean, that's strictly up to y'all. COMMISSIONER BALDWIN: That just changed it. COMMISSIONER LETZ: I think we ought to -- MS. PIEPER: I was told to cut my budget, and I had to figure out a place. I mean, that's strictly up to y'all. COMMISSIONER LETZ: I think -- I look forward to trying it. I think the courthouse is a much better location; is the best location to do it, if we can. If it doesn't work, we'll have to move it somewhere else. MS. PIEPER: I think if we hold the voting right as you walk out the elevator door, I don't think we will need to designate any location for actual voter parking. I think they'll be able to park anywhere within the courthouse, as long as I have one sign by the elevator that says "Elections," and the lower level. I think that's the only signage that we will need. As they walk off the elevator, then we're right there, so it's not going to be like having to walk in a side door at the bottom and figure out if I need to turn right or left and go down the hallway. 1 2 3 4 5 6 7 b' y 10 11 12 13 14 IS 16 17 18 19 2~ 21 23 24 25 JS I think that lower level is -- is large enough and visible enough. COMMISSIONER BALDWIN: Are you not going to try to bring them in the back door as well? MS. PIEPER: I can do that, but that's -- I can do that, but I don't see that we would need to. If we -- if we use one of the side rooms down there, then yes, I think it would probably be better. COMMISSIONER BALDWIN: Okay. Help me just a minute. I've read somewhere in here last night that we were talking about -- we're asking all the elected officials that park down there -- MS. PIEPER: That's if we use a side room. Then I think it would be better -- COMMISSIONER BALDWIN: I'll just shut up. MS. PIEPER: -- to do that, but if we use the big room right as you qo out the elevator, then I don't think we need to designate parking. LUMMISSIVNER BALDWIN: Okay. COMMISSIONER GRIFFIN: I agree with Commissioner Letz; it's worth a try, see if it works. If it doesn't, newt time aroun] you can approve somewhere else. JUDGE HENNEKE: Okay. We have a motion and a second on Item 11. Any other questions or comments? COMMISSIONER GRIFFIN: Uid we vote? '--~-~- 1 4 5 6 7 8 Q 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 GS 59 JUDGE HENNEKE: We didn't. COMMISSIONER BALDWIN: I move that we approve this -- JUDGE HENNEKE: Polling location. COMMISSIONER BALDWIN: -- polling location. COMMISSIONER LETZ: Second. COMMISSIONER GRIFFIN: Second. JrJDGE HENNER'E: Motion by Commissioner Baldwin, second by Commissioner Let z, that the Court approve the polling locations in accordance with Chapter 43 of the Texas Election Code. Questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 12, consider and discuss appointment to serve as central countinq station personnel pursuant to Chapter 127 of the Texas Code. MS. PIEPER: Gentlemen, this is just another formality. Chapter 127 just states that we have to designate a central counting station presiding judge and manager, and which I am always that. Tabulating supervisor will be my chief deputy, which is Nadene, and then. the assistant tabulating supervisor would be Mindy Williams. y _ i ~ _ 60 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2? 23 24 25 COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court appoint Jannett Pieper, Nadene Alford, and Mindy Williams to serve as the central counting station personnel pursuant to Chapter 27 of the Texas Election Code. 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. And I would assume we don't need to do Item 13, then? MS. PIEPER: That's correct, Judge. I'll pull that item. JUDGE HENNEKE: Okay, thank you. Item 14, consider and discuss setting the Sheriff's and Constables' fees as required under the Texas Election Code, Isic) Section 118.131. COMMISSIONER BALDWIN: I couldn't find anywhere in there where there was any change in any of the numbers. MS. PIEPER: There are no changes. 1 talked with the Sheriff, and he chooses not to increase any of the fees this year. He wants to look at them more closely prior 61 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 ~n Zl ?~ 23 29 2~ to getting them approved next year, so all the fees will stay the exact same. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER WILLIAMS: Second. DODGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court set *_he Sheriff's and Constables' fees as required in the Local Government Code, Section 118.131, as presented, which I will note are the same fees as are currently in force. MS. PIEPER: Thank you. 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. Okay. At this time, we'll circle back to Item Number 6, which is consider and discuss adoption of the Kerr County FY 02-03 budget. The Auditor has presented us with a list of amendments, which have come out of the discussions we've had and decisions we've made. The order of business will be first to approve the amendments, and secondly, then to adopt the budget as amended. In addition to the amendments that are shown on Tommy's typewritten sheet, we'll have to add the increase in the funding for the Hill Country Alternate 1 .-~ 2 3 4 5 6 7 8 9 10 11 12 ,-. 1 3 14 15 16 17 18 19 20 2i 22 23 24 2 ~~ 62 Dispute Resolution Center. SHERIFF HIERHOLZEP,: May I mention one thing that may come up later in the year? As y'all know, we lost our Jaii Administrator a week ago due to a heart condition, and in loekinq outside our agency to replace that person, which is what I feel I really need to do, I got a pretty good eye-opener. With our facility housing 150 inmates, normally at least, in checking with other counties in our area, Gillespie County's Jail Administrator -- and tkiey house sever. inmates, 'cause the rest of them are shipped out. Ccmar.<,he is paid currently about $3.000 more Lhaii our starting salary for our Jail Administrator. And Kendall County is -- their Assistant Jail Administrator, and they have about a 48-bed facility, is paid about $4,000 more than our Jail Administrator. This may cause me a problem in trying to replace the Jail Administrator at the current step and grade we have to go back to, because my ~uLrent one was a 21/6. If I go back to a 21/1, it's gcing to put it at $28,000 for a jail administrator. Just something I thought I ought to bring up and let y'all be aware of. I don't know if we can correct it or if we need to wail and see, but it's hard tc interview one, Judge, without being able to give him some kind of salary indication. I know we triad talked about that. I don't know what to do. COMMISSIONER LETZ: Z'm sympathetic to what _~-n 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lfl 19 2G 21 22 23 29 25 63 you're saying, but if cae gc into just one position, we open up adjusting every position. SHERIFF HIERHOLZER.: Just something I think I needed to bring up, let y'all be aware of. I felt this was probab]y the appropriate time to bring it up. COMMISSIONER BALDWIN: Judge, I have a couple things that I think need to be addressed in the budget amendments. The County Clerk -- I had asked for her -- and I had a visit and I had asked her to make a list of the areas where she is required to have continuing education, and she provided me roaith that, and I'm assuming provided it for everyone at the table. MS. PIEPER: No. I've sent e-mails out and didn't get a response, so I sent you that. COMMISSICNER BALDWIN: Well, darn. Y'all -- y'all need to take a look at this. Sorry, I just assumed that y'all had gotten -- everybody had gotten a copy of it, but there's numerous -- numerous schools that she's required to go to. And I'm not promoting. It has to be on the table; we have to talk about this. And I'm sure there are other offices the same way. I don't know, but the County Clerk is the only one that has approached me with it. And she's required to yo to -- you know, we go to a school vi two to be certified Commissioners and Judge. She has to be certified in several different areas. -~~- 64 1 .^ 2 3 4 5 6 7 S 9 10 11 l~ 13 19 15 16 17 18 19 20 2i 22 '3 2q ..~ 25 MS. PIEPER: You have to remember, I have 15 COMMISSIONER LETZ: I think -- along that same line, I think that we need to -- and I -- it's almost too late in the process to do it right now, to go back, but I think that next year we really need to look at each department head and elected official's requirements by law, and do their -- 'cause we got into -- and I what supported doing in the past is kind of everyone gets the same amount, and that doesn't work. This is -- JUDGE HENNEKE: We haven't done that. I mean, if I can call on the County Clerk, the District Clerk, the Treasurer and Tax Assessor, we've allowed them to budget what they needed for their legal requirements, and not only just for legal requirements, but for the continuing education they needed to perform their job. So, their numbers have always varied over the four years I've been here. Because of budget constraints this year, we cut everybody back to $1,000. Actually, we rut it bacY. to $500; we increased most of them up to $1,000. And at our last meeting, we said if you have special -- you know, if $1,000 is not enough to cover your CEU's, give us the information you need, and two have done so -- actually, three have done so. Unfortunately, I didn't get a copy of this, so I wasn't able to write Tommy in order to put it in the budget. y ~3-~ - 1 4 h 7 8 9 10 11 1Z 13 14 15 16 I? 18 19 20 21 22 23 24 25 65 MS. PIEPER: Judge, I didn't -- (The court reporter's shorthand machine malfunctioned. While the machine was being fi~:ed, the Court took a brief recess, and reconvened at 10:30 a.m.) JUDGE HENNEKE: Okay. Let`s -- it's 10:30. Let's reconvene this meeting of the Kerr County Commissioners Court. The topic for discussion is the budget. Ms. Pieper was telling us of some other changes she needs. I believe she's gone to make some copies and write some numbers. She was showing me during the break that there are four write-in candidates on this ballot, which means that she's going to need additional personnel and additional money in the Judges line item. I believe she's as}:ing for an additional $3,000 in that -- (Ms. Pieper entered the courtroom.} JUDGE HENNEKE: Jannett, I was just saying you needed some additional money in your Judges line item. MS. PIEPER: Yes. I had requested -- JUDGE HENNEKE: Three or four'? MS. PIEPER: $3,000, I think, will be fine. JUDGE HENCSEKE: Okay. MS. PIEPER: I have to get up counting teams for every precinct now, because we have -- we have -- of course, now we have a write-in on the constable, but we also have a write-in on the governor and the senator. So, 66 1 2 3 4 5 6 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 therefore, we have to look at every precinct now. JiJDGE HENNEKE: Okay. COMMISSIONER LETZ: So we need to add $3,000 to the Election line item? MS. PIEPER: Right. JUDGE HENNEKE: Judges and Clerks line item. MS. PIEPER: I had requested the $15,000 initially, and -- COMMISSIONER LETZ: $1,500? MS. PIEPER: $15,000. JUDGE HENNEKE: So that's an increase of $3,000 in that line item. MS. PIEPER: And then on the -- what I had received from y'all was $12,000, but I'm going to have to have that other money just to pay our counting teams. JUDGE HENNEKE: You're asking for an increase in your Conference budget? MS. PIEPER: Yes, sir, I am, on the elections. The e-mail I just gave you, I don't have airy amount for conference. JUDGE HENNEKE: We put it all -- how much do you need total for your conferences right now? You have $1,000 for your conferences. How much do you need? MS. PIEPER: To cover all of my expenses on that, probably $2,050 in addition to what I have. .-~?- - 1 L 3 4 5 6 7 R 9 10 11 12 13 14 15 16 1? 18 19 '0 21 ~~ 23 Z4 ~~ _~ 67 JUDGE HENNEKE: $2,050 in addition to what you have? MS. PIEPER: Yes. JUDGE HENNEKE: Okay. That's -- COMMISSIONER GRIFFIN: $3,000. JUDGE HENNEKE: That's $1,000 more than you had in your original request. MS. PIEPER: Well -- COMMISSIONER LETZ: Are you including probate as -- MS. PIEPER: Yes, I'm including probate in that total figure. COMMISSIONER WILLIAMS: What's the number again? COMMISSIONER LETZ: So we have $1,700 currently. 7f you add those two and you need $x,000 -- DODGE HENNEKE: $3,050, is what she's saying. COMMISSIONER LETZ: $3,050? MS. PIEPER: And then this little legal-size sheet shows shows you where all that money goes. COMMISSIONER BALDWIN: Isn't some of this reimbursed? MS. PIEPER: Some of it is, yes, but I never know how much, so I have to budget. COMMISSIONER BALDWIN: What part? 5-.. ?- ~_ 1 3 4 5 6 8 9 10 11 12 13 14 1~ 15 17 18 19 ^0 2i 22 ~3 24 25 68 MS. PIEPER: For all of it. COMMISSIONER BALDWIN: What do they reimburse us for? MS. PIEPEP,: The last two schools I went to, they reimbursed us $70 per night on hotel, plus all of the mileage. COMMISSIONER BALDWIN: I mean, what particular item? Like, probate? Or -- MS. PIEPEF.: No, probate is not. COMMISSIONER BALDWIN: Just your -- MS. PIEPER: Just mine, yes. And it's not every school that we get reimbursed on. I think we got reimbursed on three schools last year, which was very good. But this money that -- that we're getting reimbursed with, on court costs, some of that money that goes to the State gets put in that line item. 'Cause, used to, what little we did get reimbursed before would only be, like, S40 or $SG a night. Now it's gone up to $70. Hopefully it will just continue to increase. COMMISSIONER LETZ: What was the total amount you got reimbursed last year? I mean, rough numbers. MS. PIEPER: There was one school that I got, like, 5G0-something on, and I don't remember the other two. I just -- I gave the check to Barbara for her to -- COMMISSIONER LETZ: Right. 3 ii 1 2 3 4 5 E 8 9 10 11 12 13 14 15 16 1? 18 19 ~0 21 ~~ 23 24 25 69 MS. FIEPER: -- put back in the fund, in the -- I don't remember whether she puts it in the General Fund line item or something. COMMISSIONER LETZ: Tommy, from -- from a budget standpoint, that money -- the reimbursement funds go back into the General Fund, correct? (Mr. Tomlinson nodded.) COMMISSIONER LETZ: So we'd have to budget for the -- MS. PIEPER: Yeah, they have to be budgeted. And then when I get reimbursed, I give it to Barbara; she just puts it back into -- COMMISSIONER LETZ: General Fund, MS. PIEPER: -- the General Fund, COMMISSIONER BALDWIN: How did you -- how did you get by this year? By not having to go to all the schools? MS. PIEPER: I did go to all the schools, except for election school, which I sent Nadene and Cheryl to. COMMISSIONER LETZ: How do you get by budget-wise? I mean, if you didn't -- I don't -- there shouldn't be that much of a change from last year, between this year and last year. MS. PIEPER: There's not much of a change, ,_~3_;~~ ~o 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 13 19 20 21 22 23 ~q 25 just -- I think I had increased it just maybe a hair to -- because of the mileage, because I had never gotten the 34 cents a mile; I was still figuring the 28 cents. COMMISSIONER LETZ: So -- I mean, but last year it was $2,387, and this year it's $3,050, so it's about a six -- $7G0 increase. I mean, to me -- we need to do it. COMMISSIONEP. GRIFFIN: What's the number? Did we ever hear a number? JUDGE HENNEKE: We add $1,350? Is that where we are? Take it up to $3,050? COMMISSIONER GP.IFFIN: Again, between those two line items -- JUDGE HENNEKE: You add the $1,350 to the Conference line item. COMMISSIONER LETZ: I guess the only -- I mean, I'm almost there. My only question I have was, is there any way we can cut back on hotel costs some? MS. PIEPER: We qet group rates, so it just depends on what they're charginq us. I mean, there are times I can find cheaper hotels than what's actually at the conference, and I do that. Sometimes you can't; it just depends. But if you don't get your reservations in early, you don't get a motel anywhere. COMMISSIONER GP.IFFIN: Most of the time, the negotiating conference rate is about as good as you can do. -..3- ~1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 2' 2' ?q 25 MS. PIEPER: Much cheaper. COMMISSIONER LETZ: All right. JUDGE HENNEKE: So, add $3,000 to the Election Judge line item, and add $1,350 to the Conference line item. That's what I'm hearing. COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: Anything else? Anyone else have anything? COMMISSIONER BALDWIN: I have other issues, but are you -- are you addressing -- still addressing the County Clerk? JUDGE HENNEKE: Is that yours, Jannett? Or are we still -- MS. PIEPER: Yes, that's mine. That's correct. DODGE HENNEKE: Okay, thanks. Other issues? COMMISSIONER BALDWIN: Okay. We're still on Conference line items. The Commissioners Court, we were at $900. Did we decide to go to the $1,000? We brought everybody back to $500, and now we've said go back to $1,000. Well, we stuck at $500, and that is not enough for -- to go to two different conferences, or possibly three, so I think that it needs to go back to the $900. Not $1,000, but $900, like it's always been. COMMISSIONER LETZ: I agree. And with Lhe -- ~- 3- _ 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ^3 24 25 you know, the comment that we're -- as they are, we're required by law to go to conferences. COMMISSIONER WILLIAMS: So that would be adding -- JUDGE HENNEKE: $1,600. COMMISSIONER WILLIAMS: $400 times four? Times five? Two thousand bucks? COMMISSIONER BALDWIN: Times four. COMMISSIONER WILLIAMS: The Judge is separate? COMMISSIONER BALDWIN: Yes. COMMISSIONER WILLIAMS: Four times $400. COMMISSIONER LETZ: $1,600. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: Judge? JUDGE HENNEKE: You're on a roll. COMMISSIONER BALDWIN: Okay. Did you need to talk about something there? COMMISSIONER LETZ: No. COMMISSIONER BALDWIN: I have one other issue that I have been stopped in the hallway by members of the courthouse family, concerned about an issue. And I don't recall talking about this. I guess we did. But the chief clerk in the Treasurer's office, we have authorized, I understand, a salary increase after she had been employed e-~ i-r~~ 73 1 2 3 4 5 6 7 d 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 here for, like, four months, I believe it was -- either three or four months they were employed here, and we've already authorized a salary increase for them. When they -- I think our policy says that at the end of the first year of employment, you automatically get a raise, but this particular one employee -- and I understand -- great employee, I'm sure -- at three or four months, is gettinq a salary increase. I don't recall doing that. But some of the family in the courthouse knows about it, and I thought I'd bring it out on the table, deal with it. COMMISSIONER LETZ: Everyone should be treated the same. I mean -- COMMISSIONER GRIFFIN: Was it a merit raise? DODGE HENNEKE: It's a merit raise. The policy that we've had for four years is it the elected official had it in their budget to give merit raises, were allowed to give merit raises, as long as it didn't add to the bottom line of the budget. COMMISSIONER LETZ: If it's in our policy, that's fine. MS. PIEPER: Gentlemen, can 1 speak on that? I'll probably end up making somebody mad, but we were asked to cut our budget by S percent. DODGE HENNEKE: But you didn't end up doing that, Jannett. Now, come on. _i ~_ 79 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 MS. PIEPER: No, but -- JUDGE HENNEKE: And -- and -- MS. PIEPER: Had I known that we weren't going to have to do that, I might have found some money in my budget to give my chief deputy, who's been here for several years, a raise. JUDGE HENNEKE: You had the same opportunity to do that as -- as the other elected officials who did that, and the Treasurer's not the only one who found it within her budget to give merit increases. COMMISSIONER GRIFFIN: That was not the only one, correct. JUDGE HENNEKE: That is not the only department where merit increases were given without affecting the total amount provided to that department. MS. PIEPER: You have a lot of unhappy employees, because she's only been here a couple months. And we were told to cut the budget, so merit increases was the last thing from our minds. JUDGE HENNEKE: You were told to cut the budget at the time the merit increase was put into the original budget. You had the same opportunity at that time, as everyone else did, to give merit increases out of the amount of money that was authorized. MS. PIEPER: No, but we were also told to use 1 2 3 4 5 6 7 8 9 10 11 1 L 13 14 1J 16 17 13 19 20 21 2 23 24 25 75 our bottom line figure from the last year. JUDGE HENNEKE: That's right. And those people -- and those people did that. MS. PIEPER: 6kay. COMMISSIONER LETZ: I -- I concur with the sentiment. I think it ~s -- in my mind, does not show the spirit that we're going through this year, to du that. But it's in the policy, the guidelines we set, so -- COMMISSIONER BALDWIN: 1 agree with that, and I think that we need to revisit the policy as soon as possible on that issue. COMMISSIONER LETZ: I agree. JUDGE HENNEKE: The philosopkiy we've had since I've been nn the Court is that each department head was given, to start with, the same amount of money that they were authorized the previous year and told to tell us how they wanted to spend it, and that's what they`ve done. COMMISSIONER BALDWIN: Sure. JUDGE HENNEKE: They've held the line very well that cvay, And if they found it within their budget to give merit increases, they have. COMMISSIONER BALDWIN: Sure. DODGE HENNEKE: To go back and Mart revisiting that, I think, is going to change the dynamics between the Court and the department heads in a way that may ,- -~ 76 1 2 3 4 5 6 5' 9 10 11 12 13 14 15 16 17 1? 19 2G G1 22 23 29 ~S not be positive. And iT you start going back and looking at everybody's salary and saying, no, this person's not entitled to a salary increase and this person is -- COMMISSIONER BALDWIN: No, I think. you just leave it alone. The only -- the twist I would give the - or tweak, I mean, to the -- to the policy is that, possibly, the department heads continue doing what they're doing, but the employee needs to be here at least a year. COMMISSIONER GRIFFIN: Just no merit increases for -- COMMISSIONER BALDWIN: No merit increases thz first year. That's the only thing that I would do to it, I agree. COMMISSIONER LETZ: Pretty hard to justify a merit increase, in my mind -- COMMISSZONEP. BALDWIN: In three months. COMMISSIONER LETZ: That's what I -- COMMISSI~JNER BALDWIN: That's the whole thing. COMMISSIONER LETZ: If it's in there, do it the way they want to do it. COMMISSIONER WILLIAMS: It's a policy issue. COMMISSIONER GRIFFIN: Ready for a motion? COMMISSIONER LETZ: No, I got a couple comments. i-_ , ,,. 1 2 3 9 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2" 23 24 25 ~~ COMMISSIONER GRIFFIN: Oh. COMMISSIONER LETZ: Commissioner Baldwin, are you finished? COMMISSIONER BALDWIN: What happened to the Commissioners Court travel money? COMMISSIONER LETZ: $1,600. JUDGE HENNEKE: Conference money was put back in there. COMMISSIONER BALDWIN: That is all. COMMISSIONER LETZ: I have two. One is about the Commissioners Court and the County Judge's. Is that where it needs to be -- JUDGE HEPdNEKE: Yes. COMMISSIONER LETZ: -- to get the required schools? JUDGE HECINEKE: The County Judge can get all the CErr's he needs at one conference, which is paid for by the Office of Court Administration. COMMISSZONER LETZ: All right. The other question -- and I hate to bring this one up. It's going back to Road and Bridge, and -- but it's not Sheppard Rees directly, but the question is -- and Tommy, really, at the Iasi meeting, when we did, I guess, the adjustments that got us where we are here, you know, the intent was -- Road and Bridge cut their budget -- "- ~- 1 J 4 5 6 7 R 9 10 11 12 I i 14 15 16 17 18 19 20 21 2"L 23 ~4 25 ~e COMMISSIONER WILLIAMS: $300,000. COMMISSIONER LETZ: -- $300,000, I think, at one point, and we restored all that. Full amount has beer. restored. JUDGE HENNEKE: Full amount has been restored if you include the use of the Schreiner Trust. COMMISSIONER LETZ: Right, to make up the X30 -- okay, that's right. Okay. COMMISSIONER WILLIAMS: And this increase on Sheppard Rees at 231 has been a budgetary reflection of a transfer from the Schreiner Road Trust to Road ana Bridge? JLiDGE HENNEKE: It's not a transfer; it's just a use of the money, COMMISSIONER GRIFFIN: Lase of Schreiner Trust Fund. COMMISSIONER LETZ: Yeah, we have to specifically budget for that. COMMISSIONER WILLIAMS: COMMISSIONED. BALDWIN: interest in this Schreiner Trust Fund into it. Okay, I'm cool. You sure have a lot of No, you cannot get COMMISSIONER WILLIAMS: Well, I thought there for a while we were going t_o qet some projects lifted for $307,000. Apparently that's not going to happen. COMMISSIONER GRIFFIN: No way, not as long as ,_ ,, _,, 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2? 29 GC this guy is sitting there. JUDGE HENNEKE: Does anyone else have any budget amendment-type issues? Paula? MS. RECTOR: I was one cf the ones that wrote a letter to each of you concerning my conference -- Yie's telling me be quiet. COMMISSIONER WILLIAMS: I'm saying it's in here. JUDGE HENNEKE: Yeah, it's in here. MS. RECTOR: Okay. Just wanted to be sure. COMMISSIONER. LETZ: How much did yuu -- I think it's in here. JUDGE HENNEKE: Yeah, it's here. It's the last one, 499. COMMISSIONER LETZ: It went from x1,000 to $2,265. Is that sufficient? (Ms. Rector nodded.) JUDGE HENNEKE: Anything else? MR. TOMLINSON: If you need any explanation on any of the rest of them, I'll be glad to explain them. COMMISSIONER GRIFP7N: I would move that we approve these amendments to the proposed budget. JUDGE HENNEKE: Do we have a second? COMMISSIONER BALDWIN: I'll second that. JUDGE HENNEKE: Motion by Commissioner g _ _ 3 _ ~ i 80 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 15 17 18 19 2ii 21 22 23 24 25 Griffin, second by Commissioner Baldwin, that the Court approve the amendments to the filed, proposed 200-2003 Kerr County budget. Any questions or comments? Is everyone clear as to what the amendments are? MS. PIEPER: Judge, do you have them written down so I can get a copy for backup? JUDGE HENNEKE: Yes. 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: Now we need a motion to approve the 2002-2003 budget. COMMISSIONER WILLIAMS: I so move. COMMISSIONER BALDWIN: I second the motion. We don't -- JUDGE HENNEKE: We just approved the amendments to the proposed budget. Now we have to actually adopt the budget. COMMISSIONER BALDWIN: We don't do it by record vote? JUDGE HENNEKE: No, that's the tax rate. COMMISSIONER BALDWIN: Okay, I'm sorry. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1~ 18 19 20 21 ~' 23 4 25 adopt the 2002-2003 Kerr County budget as amended. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Okay, that's Item Number 6. Item Number 7 is to consider and discuss approval of the proposed -- consider and discuss adoption of the Kerr County FY G2-U3 tax rate. COMMISSIONER WILLIAMS: Which will be? JUDGE HENNEKE: Which will be the same as it is today, .3721 cents. This takes a record vote. COMMISSIONER WILLIAMS: 3721? JUDGE HENNEKE: Point 3121. COMMISSIONER WILLIAMS: 3721, a1L right. JUDGE HENNEKE: It takes a record vote; at least four members of the Court must vote affirmatively to set the tax rate. COMMISSIONER GRIFFIN: I so move, JUDGE HENNEKE: Motion by Commissioner Griffin. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Second by Commissioner Letz, that the Court adopt ,3721 cents as the Kerr County FY 02-03 -~ i- 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 ~0 21 22 23 24 25 tax rate. Commissioner Baldwin, how do you vote? COMMISSIONER BALDWIN: Aye. DODGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: Aye. JUDGE HENNEKE: Commissioner Letz? COMMISSIONER LETZ: Aye. JUDGE HENNEKE: Commissioner Griffin? COMMISSIONER GRIFFIN: Aye. JUDGE HENNEKE: The vote is four to zero. The tax rate is adopted. Okay, next item for consideration is Item Number 15, consider and discuss authority to abate nuisance per Section 343, Subchapter C, Teras Health and Safety Code. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes, sir. As you can see by my note in there in the packet, there's -- I've had a problem in my precinct for a number of years. A good fellow was moving a mobile home onto his property right next to a county road, and as he pulled off the county road, the thing fell into a million pieces. And we've gone there, we've actually -- we've -- I even put my finger in his nose a little bit, and the Sheriff's been out there to visit with him. Our Solid Waste guy's been out there. We have actually arrested him and put him in jail. We have written him ugly letters, and this goes on and on and on and on. And what -- what has happened here -- I mean, yeah, we -- we ~,__ 1 3 4 5 6 8 9 10 11 12 r-, 1 14 15 16 17 18 19 ~0 21 2L 23 ,~ 2 4 25 83 put the guy in jail and fined him and all those kinds of things, but the trash is still there. That doesn't fix the problem. I'm not interested in putting people in jail; I'm interested in cleaning the trash up. So, the Solid Waste Coordinator comes along and talks to Commissioner 2 and myself about -- about the authority to abate nuisance, and we had a long visit about it, and as you see in the law here, that -- or the way I understand it, anyway, is that if the Commissioners Court would adopt an abatement procedure, which there is one included in the law, then you can do certain things. Yeu can -- just as an example, the way I kind of see it in my mind in this particular problem out here, is that if we had these procedures, we could ask Road and Bridge to go there with their tractors and trucks and clean it up, and then have the ability to assess a lien on the guy's property. So, you know, that, to me, is pretty heavy -- pretty heavy stuff. And, as you also see in my note, I do not Like more government. I do not like more rules and regulations. It appears -- it appears that my problem is fixed; it will qo away. The guy sold the property, and within a couple weeks, there's going to be bulldozers all over the side of the hill out there, and it's going to be totally and completely cleaned up. So, with that in mind, I just thought maybe I'd throw that out and -- the theory of 9- 3-~~_ i .. 2 4 5 5 7 8 9 10 11 12 ..-.. 13 19 15 16 17 18 19 20 21 2~ 23 .-~ 2 4 25 84 this whale thing of adopting a stricter lava in Kerr County, and just see what maybe y'all had thought about it. I think Commissioner Williams is in -- has been in the pro~~ess of writing some procedures for some time, but I wanted to get it out on the table and let's get the ball rolling, just kind of see what y'all thought of doing this -- doing this kind of thing. COMMISSIONER WILLIAMS: I just want to add a couple comments. Commissioner Baldwin and I have had several discussions about it. There are numerous places in Precinct 2 that qualify for some sort of abatement, cleanup, where the owner absolutely just ignores the property, makes it worse, and it becomes an affront to the neighbors, and in some cases, a threat to public health and safety. There are some counties in the state of Texas -- I'm not sure how many -- who have adopted procedures under these particular chapters of the Health and Safety Code, Chapter 393, and our Solid Waste Administrator has strongly urged us to consider doing the same thing. In that content, I have begun drafting a proposed document, which would become -- if the Court is of a mind to da so, would become a procedure within the context of the law that would enable the County to clean up these situations where an owner refuses after given -- giving proper notice and so forth. I've got it about half drafted, modeled after some other county that the Solid -J3-CJ 85 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 Waste Officer provided to me, and we can look at it on another date. I think Commissioner Baldwin's right in bringing it to us today just for some discussion. I don't know whether Commissioners 3 and 9 have problems commensurate with what Commissioner Baldwin and I have, but we do have some pretty serious ones where owners have just absolutely refused to take care of their property and clean it up, mitigate health and safety concerns and so forth, and to the discontent of neighbors in particular areas. So, they're out there. The question is what we want to do about them. COMMISSIONER GRIFFIN: I can guarantee you, in 4 we've had that same problem, and in three cases, it took months to do what should have taken weeks, but finally did get them cleaned up. But it was -- having to use the legal hammer was the only way to get the owner's attention, and it took them a long, long time to get the three cases I'm talking about resolved. And Ed North did a great job, Solid Waste enforcement, 'cause he went out and met with them, discussed it with them, made repeated visits and all, but there's no real teeth there for him to do much with -- other than, you know, saying, hey, if you don't do that, we're going to get meaner. But -- so, this is -- you need some process for that, those rare cases where what we have 86 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 just is not enough, and you need some process to be able to go after them and -- and get it cleaned up, and then be able to charge that ba~~k to the perpetrator. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER GRIFFIN: Through a lien or assessment, or however that works. COMMISSIONER BALDWIN: I've asked the County Attorney tc look it over, and maybe -- David, do you have any comments? MR. MOTLEY: Well, the Chapter 343 could be used, and Commissioner Williams is probably headed down the right road to be drafting some local rules that would be consistent with the state rules. I know -- I think there was some concern about not being able to enter onto the land without these local rules? Is that part of what Ed was concerned about? COMMISSIONER BALDWIN: Well, that's certainly my concern. You know, we don't -- we don't go on private property; we wouldn't send Road and Bridge Department on private property. MR. MOTLEY: Well, there is a provision in 393.024 that a ccunty official, agent, or employee charged with enforcement of health, environmental, safety, or Tire laws may enter any premises in the unincorporated area of the county at a reasonable time to inspect, investigate, or 87 1 3 4 5 6 7 8 9 lU 11 12 13 14 15 16 17 18 19 20 ~l ,` _' 3 24 ~5 abate a nuisance or to enforce this chapter. So, it seems to me that that applies to a person, even if the local rules haven't been adopted. I mean, that seems broader in the authority granted. But, in any event, they have to identify themselves and such as that, but 343 -- looks like it would work. The one thing that was curious about that, 343 -- excuse me, 343.011, which is really the -- 393.011(c)(1) kind of concerns me, because it does say that this -- I don't know if you had copied that or not in yours. It does say that keeping, storing, accumulating rubbish, including newspapers, abandoned vehicles -- now, there was an "abandoned" vehicle and a "junk" vehicle. Really, I think -- COMMISSIONER WILLIAMS: I don't know that there's a lot of distinction. MR. MOTLEY: Well, abandoned vehicle really means it's left on a right-of-way for a certain length of time or left on property -- an owner's land without their permission, so long on a right-of-way, so long on a roadway. That's an abandoned vehicle, and it's treated under the Transportation Lode a little bit differently. This is a junk vehicle, actually. If we're going to call it a vehicle -- 1 assume it is. I -- you know, I'm making that assumption. It may, to this point -- what you said, Commissioner, is it hit a bump in the road and just fell 88 1 2 3 4 5 ti 7 8 9 10 11 12 13 14 15 16 17 18 19 2G zl 22 L3 24 25 apart? This is just a pile of junk, literally? COMMISSIONER BALDWIN: Literally leveled. It's a mobile home. It's a mobile home. COMMISSIONER GRIFFIN: Unlicensed. MR. MOTLEY: But it does not look like a mobile home any longer? Well, it's just refuse, then, now. COMMISSIONER BALDWIN: That's correct. MR. MOTLEY: It would come under the rubbish/refuse part of it. I think it could be cleaned up. I was just concerned about that abandoned -- I was looking at this as an abandoned vehicle, which is what this whole chapter really is about, abating public nuisances. One of the things is this abandoned vehicle. 1f it truly were a vehicle at all any more, hadn't been destroyed, I think it would be a junk vehicle, and there's a different provision for that. So, I think you're okay to go with 343. There is another chapter, 341, that provides for abatement, and we have used that. In fact, earlier today on that Center Point -- very Center Point property, the tract that they finished cleaning up, we filed a lawsuit to begin cleaning up, and cleaned up as much as we could until we ran out of time. We had 90 days to do it and ran out of time; got a lot of it cleaned up with community service workers. The 341 chapter was this very chapter that we used to enter that land and begin cleaning all those junked vehicles off, so -'?- ti 9 1 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 12 19 2 it 21 22 23 24 25 that's another route that we could possibly look at. COMMISSIONER WILLIAMS: I note with interest, Commissioner and County Attorney, that 343.022 poses an little bit of a problem, more budgetary than anything, but the abatement procedure, if adopted by the Court, must be administered by a regularly salaried full-time County employee, so we'd have to make some adjustment there if we were inclined to rely on this. COMMISSIONER BALDWIN: I think Mr. Holekamp actually fits that -- COMMISSIONER WILLIAMS: Mr. Holekamp is that person? COMMISSIONER BALDWIN: I think he does. COMMISSIONER WILLIAMS: Oh, okay. COMMISSIONER BALDWIN: See him shaY.ing his head? COMMISSIONER WILLIAMS: 1 didn't realize that's you. COMMISSIONER BALDWIN: And then it goes on talking about that he can designates someone, which is Mr. North. COMMISSIONER WILLIAMS: Oh, okay. Solved that problem, didn't we? COMMISSIONER BALDWIN: I'm not going to spend any more money; that's not where we're going with this deal. 90 1 2 3 4 5 5 7 8 9 10 11 1 L 13 14 15 16 17 18 19 .0 21 22 23 24 25 COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: Well, I'm not goinq to -- I'm not going to ask you to vote on this issue today. I just wanted to bring it up, and let's get your wheels turning. I think that Commissioner 2 is going -- is going to bring it up a little bit later on for a vote, and just trying to get your wheels going. We're ready. COMMISSIONER WILLIAMS: I'll bring back a document to the Court. JUDGE HENNEKE: I think it's an increased problem, and one that we've tried to address with a couple people as solid waste enforcement. But, as the county grows, I think it's something we need to put more teeth into, so I think it's an effort that's definitely worthwhile pursuing. COMMISSIONER BALDWIN: Okay, thank you. JUDGE HENNEKE: Okay. I would suggest we skip Item 17, devote a little more time to it, and qo on to the -- to Item 18 and move through some of these, come back to 17. Item 18 is consider and discuss moving the position of Information Systems Support Specialist to the office of the Auditor and designating the Auditor as supervisor for the position. Commissioner Griffin? COMMISSIONER GRIFFIN: Yes. This is -- after discussion with several of the department heads, with Tommy, _.- 91 1 3 9 5 H S 9 10 11 12 13 19 15 16 17 19 19 ~ r~ 21 2Z z3 24 25 with the Judge, with a or.e-person function the way we've got the information support set up, it's a real -- it's a real task sometimes to be able to dispatch him to the right place at the right time and ro have him available when needed on emergencies or whatever. And it appears that one of the better solutions on making that more efficient would be to assign the Information Systems Support Specialist to the Auditor's office and make the Auditor the reporting official or supervisor for that position, and that's what this is about. Simple move, but it will put this position. under the supervision of the Auditor's office, which is closely tied to our mainframe efforts and all that anyway, so I think it's a good transition. COMMISSIONER BALDWIN: I'm all for it. COMMISSIONER WILLIAMS: I agree. COMMISSIONER LETZ: Only -- I am for it mainly because it gives the accountability -- COMMISSIONER GRIFFIN: Mm-hmm. COMMISSIONER LETZ: -- and supervision to that position, which I think is needed. My only question is, the Auditor works for the powers that be upstairs, as opposed to Commissioners Court. But that -- at some point, I guess, we could take it back. from the Auditor as well if we didn't like something. I was wondering -- it's kind of ar. odd situation. We're movinq it further from the 92 1 L 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 L1 22 23 24 ~5 Commissioners Court, but I don't see that really as a problem that r_an't be rectified in the future. COMMISSIONER GRIFFIN: Court's still got the right to put that position anywhere we want. COMMISSIONER LETZ: And -- and the other, I guess, question I have, is the Auditor excited about this change? COMMISSIONER GRIFFIN: I don't know that -- he's amenable to it, let's put it that way. I don't know whether he's exited about it or not; you have to ask him. But I'll make the motion that we -- that we move that position to the office of the Auditor, and make the Auditor the supervisor of that position, and authorize our Haman Resources-slash-Treasurer to make the necessary changes to the job description to reflect that. COMMISSIONER BALDWIN: Second. COMMISSIONER GRIFFIN: And that that change be effective immediately. JnDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court move the position of the Information Systems Support Specialist to the office of the Auditor, designate the Auditor as the superT.~isor for the position, authorize rewording of the job description to reflect that change, ail such changes to be effective immediately. Any questions or comments? If not, 3 - i i 93 1 2 3 4 6 7 8 9 10 11 12 13 14 15 15 17 18 19 2n 21 2~ 23 24 ~5 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 19, consider and discuss resolution declarinq September X002 as Destination Dignity Month. This is a request from the Hill Country Community M.H.M.R. Center. COMMISSIONER. WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. ,7UDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court declare September 200^ as Destination Dignity Month in F.err County. 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.) DODGE HENNEKE: Motion carries. Item Number 20, consider and discuss adoption of resolution regarding boundaries of Gr~,undwater Management Areas. You may recall that we earlier adopted a resolution regarding the first draft of the Groundwater Management Areas, which resolution was successful, along with others, in changinq the proposed division of Kerr county. Current proposed Groundwater ti-23-~-~ 94 1 2 3 4 1 6 8 9 10 11 12 13 19 15 15 17 18 19 20 Zi 22 23 24 25 Management Area places Kerr County in basically a -- a Groundwater Management Area which does not include the recharge area and is not as beneficial to Kerr County as going further west would be, and the Headwaters Board has requested that we adopt such a resolution to try to effect more improvement in the boundaries of the Groundwater Management Area. Commissioner Letz, do you want to say anything on that? COMMISSIONER LETZ: No. This is a -- I am writing a similar letter to the Water Development Board requesting the same thing as chair of Region J. The -- and I rely heavily on Cameron Cornett as to what he feels is -- best serves the groundwater needs of Kerr County, and he believes this is the right thing to do. It makes sense to me. It puts us in a -- you know, I like the idea of having recharge included in the area, which is not the way it's looked at right now in long-term. Our groundwater -- I guess the amount of water we have in groundwater, there is more in the Edwards Trinity as opposed to the Trinity, so I think it's -- you know, it's a good move. The only comment that I would have to the actual resolution -- and it's probably all right the way it is, but under the final "Therefore, be it resolved," just references a number on a groundwater map. That probably could be tied out a little bit more specifically as to the date of that map and the -- _-_;_ _ 95 .-~ 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 J the name of that region. COMMISSIONER WILLIAMS: Which would that be? JUDGE HENNEKE: This last one, the final "Therefore." COMMISSIONER LETZ: The final "Therefore." It reads, basically, Kerr County Commissioners Court requests the addition of Bandera, Gillespie, and Kerr Counties to the Groundwater Management Area numbered 7 in the T.W.D.B. Groundwater Management Area map. To me, we ought to specifically state the date of that map and the name of that region, oahich is the Edwards Trinity region. But, other than that, it's fine. JUDGE HENNEKE: Okay. Do I have a motion to adopt the resolution -- COMMISSIONER LETZ: So moved. JUDGE HENNEKE: -- as amended? Motion by Commissioner Letz. Second by? COMMISSIONER WILLIAMS: I'll second. DODGE HENNEKE: Commissioner Williams, that the Court adopt the resolution as amended regarding the boundaries of the Groundwater Management Areas. Any questions er comments? If not, all in favor, raise your right hand. The mnrion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. 95 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L e, 23 ~4 ~5 (No response.) DODGE HENNEKE: Motion carries. Item Number 21, consider and discuss approval of the Amber Alert System, emergency alert system 1or_a1 area plan for the San Antonio operational area. Comnussioner Letz actually brought this to my attention a couple of months ago. I had AACOG look into it, and there was a presentation at the last AACOG Board meeting whereby if a county wants to participate in the Amber Alert System, they must be a part of the emergency alert system for the greater San Antonio operational area. I provided a copy of the plan to the Sheriff. The Sheriff has indicated to me that he has no objections to the plan, so I'll bring it forward for approval. Sheriff, do you want to say anything? SHERIFF HIERHOLZER: Well, there's only one kind of objection, but I don't think it matters, especially when we're dealing with San Antonio area and that. The way it's set up, the only two officials in the county that can call for it to be activated if we had a kid abducted or anything like that is the Emergency Management Coordinator, wtlo here is the Fire Chief, or the County Judge. Those are the only two, no matter what happens. If they're gone or wk~iatsvex, we can't activate it. JUDGE HENNEKE: We have the ability to designate someone, which is going to be you, to activate -- e-= 97 1 n 3 4 5 5 7 S 9 1U 11 12 13 14 15 16 17 18 Iy '0 Zl 22 23 24 25 SHEF,IFF HIERHOLZER: I didn't see that in there. JUDGE HENNEKE: -- activate the -- the child -- the Amber Alert part of it. SHERIFF HIERHOLZER: I didn't see that in there when I was going over it. CnMMISSIONER BALDWIN: My -- the only note I have here is exactly the same thing. SHERIFF HIERHOLZER: That was my only concern. COMMISSIONER BALDWIN: It seems to me, you know, because the City's is the Mayor and the Fire Chief, and ours is the County Judge and the Emergency Management here, just seems like to me that -- what if -- what if Raymond's tishing and you're skiing? We -- we need someone in the county to be that designated person. COMMISSIONER WILLIAMS: Like the Sheriff. JrJDGE HENNEKE: Again, we do have the ability to designate the person who can activate the system, which will be the Sheriff. COMMISSIONER BALDWIN: Okay. I did not read that here, but how can -- do you have to have that sent in and on file with them? JUDGE HEDINEKE: Yes. SHERIFF HIERHOLZER: Because this is a phone ~-~~ u. 9S ,~^ 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 i7 18 19 20 21 ~~ 23 24 25 call deal, and if you c]on't give them the right stuff, they hang up on you and you're through. JUDGE HENNEKE: And we'll do that as part of submitting the resolution. SHERIFF HIERHOLZER: Okay. COMMISSIONER BALDWIN: So that was my only problem with it at a11. COMMISSIONER LETZ: I mean, I -- I'm ecstatic this has moved along as quickly as it did, and appreciate the Judge looking up -- following it up through AACOG. I also think, along those comments, trying to make any change in this would be very difficult. I mean, you can't change it. This thing is a -- SHERIFF HIERHOLZER: We also just got notice of the one Texas has now adopted and is using as a state Amber Alert System, which gives a little bit different guidelines. But -- COMMISSIONER LETZ: I think it's something that -- hopefully we won't have to implement it, but it's -- certainly, the ability to do it is great. JUDGE HENNEKE: Go I have a motion to approve? COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUUGE HENNEKE: Motion by Commissioner -zs =_ .~-~ 1 2 3 4 5 F 7 5 9 1C it 12 13 lq 15 16 1/ 18 ly 20 21 22 23 24 25 99 Griffin, second by Commissioner Letz, that the Court approve the emergency alert system local area plan for the San Antonio operational area and designate the County Sheritf as the individual who can trigger the Amber Alert System. 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: Now, one other -- just -- if you notice the counties which it covers, it doesn't cover any of our counties really west of here, such as Junction. Is there another area that is going to cover all those counties? JUDGE HENNEKE: Well, that would be the -- probably the Concho Valley cog out of San Angelo. SHERIFF HIERHOLZER: Because I'm wondering if -- if they do one, if we can't somehow get in on that one also. COMMISSIONER LETZ: I don't think so. JUDGE HENNEKE: They're set up in, basically, the cogs in regions, and so you have to sign into the one in your region, which, in our region, is the San Antonio operation. Theoretically, if we send in an Amber Alert to 100 1 2 3 4 5 E 7 8 9 10 11 iG 13 14 15 16 i7 18 19 2U 21 22 23 29 25 San Antonio, it should go statewide. SHERIFF HIERHOLZER: Hopefully it does. COMMISSIONER BALDWIN: He's right. And the county line -- Kimble County line is the -- is the -- Coacho Valley starts there. But the -- the new emergency plan that's being put in place can do what you're talking about. SHERIFF HIERHOLZER: State plan. COMMISSIONER BALDWIN: It will be a statewide plan. DODGE HENNEKE: Okay. Item 22, consider and discuss soliciting applications for Kerr County representative on 911 Board to replace Dave Ballard, whose term expires September 30, Year 2002. I'll defer to Commissioner Griffin on this. COMMISSIONER GRIFFIN: Yes. This is just -- we need to publicize that there will be an opening -- County-appointed opening on the Board for 911, anal that we need to get volunteers. COMMISSIONER LETZ: Has Dave expressed any interest in continuing? COMMISSIONER GRIFFIN: He's had about all the fun I think he wants to have. COMMISSIONER LETZ: That's what he told me last time I talked to him, but I just thought -- you know. COMMISSIONER GRIFFIN: 'ieah, it's a thankless f _ 3 U 101 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 job for all these board members. I don't envy any of them. It's a -- like some other volunteer hoard positions that I know of. COMMISSIONER LETZ: Takes a lot of time and not much fun. It's very important. JUDGE HENNEKE: Should we determine a -- a deadline for applications and ask Commissioner Griffin to screen the applications? COMMISSIONER GRIFFIN: Bring it bark to the Court? We probably ought to make them about, maybe, by the 15th or so, and then try to name a replacement at our second board meeting in October -- or second Commissioners Court meeting in October. COMMISSIONER LETZ: Mr. Ballard will remain to serve? COMMISSIONER GRIFFIN: Yes, he'll serve until replaced. JUDGE HENNEKE: Okay necessarily need a motion on that. COMMISSIONER GRIFFIN need -- I don't think we No, I just think we JUDGE HENNEKE: We'll ask the media to -- to advertise the fact that Mr. Ballard has resigned and that we will be taking indications of interest. COMMISSIONER GRIFFIN: No, he hasn't _3 _ 102 1 2 S 4 5 6 0 9 10 11 12 13 19 ~5 16 1~ 18 19 20 21 22 23 c4 25 resigned. JUDGE HENNEIiE: No, I'm sorry, his term expires September 30th, and the Court will be accepting express -- written expressions of interest in the position through October 15th. COMMISSIONER BALDWIN: Isn't it a term -- don't they have a term? COMMISSIONER GRIFFIN: It's a two-year -- COMMISSIONER BALDWIN: Two-year deal, so basically he doesn't have any choice; he's got to go. COMMISSIONER GRIFFIN: No, he could be -- COMMISSIONER WILLIAMS: Could be reappointed. COMMISSIONER BALDWIN: Okay. COMMISSIONER GRIFFIN: He could be reappointed, but he's -- he's got some travel schedule -- he's just got too many -- COMMISSIONER BALDWIN: I don't blame him a bit. I don't blame him a bit. He's done a great job for us, though. COMMISSIONER GRIFFIN: Yes, he has. COMMISSIONER BALDWIN: Great job. COMMISSIONER LETZ: We have -- I think we've got to stagger -- you know, Chuck Lewis is -- you know, he's worked very closely with Dave. He's representing us. You know, both of them are -- he's cur other appointee, so I i - u 103 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 15 17 18 19 2 `1 21 1L ~3 29 25 think. we need to keep two strong appointees over there; we can make slow, but steady, progress. CGMMISST_ONER BALDWIN: Would you share the applicants with me? COMMISSIGNER. GP.IFFIN: I don't -- absolutely. In fact, if we could -- those responses really need to come to the Court, and I'll make sure that when I get them, that -- in other words, it needs to come to Commissioners Court. They don't need to mail them to me or anything; they need to get them to the Court, to our offices here. I will receive them; I will make sure that all the Commissioners get those shows of interest. COMMISSIONER BALDWIN: I know people are just going to be beating the door down to get in here. JUDGE HENNEKE: They're probably lining up outside the door right now. COMMISSIONER BALDWIN: "I want to be on the 911 Board." Wow. SHERIFF HIERHOLZER: I think Glenn Holekamp would be real good on that. COMMISSIONER BALDWIN: He and General Schellhase, both of them. (Laughter.) COMMISSIONER BALDWIN: Tag team. COMMISSIONER LET'L: And because of the 5 '_ i- i _ 104 1 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 ~~ ~~ e.cpected interest from the public, I think the Commissioners probably need to be beating the bushes to have some backups. COMMISSIONER GRIFFIN: Yeah. This doesn't require anything other than just -- JUDGE HENNEKE: Okay. Item Number ~3, consider and discuss approval of an agreement with Liberty Marketing Company for Kerr County map. These people have been calling me wanting to know if we would sponsor a map, and which they would produce at no cost to the County or to any other entity, other than those who choose to advertise. Y'all tell me whether it's something we want to do or not. COMMISSIONER LETZ: Nn support here. COMMISSIONER BALDWIN: I think that they can make some maps, but. I don't think that we need ro sponsor anything. COMMISSIONER LETZ: If they want to do maps, that's fine. Especially if we have advertisers coming in, we have nc say on who's advertising. COMMISSIONER GRIFFIN: That's my ques*_ion. JUDGE HENNEKE: Sounds like that's a response. JUDGE HENNEKE: Okay. Down to one. Let's return to Item Number 17, which is to consider and discuss a method to be used for renovation/expansion of the Hill Country Youth Exhibit Center and authorize solicitation for -; ?_n 105 1 Z 3 9 5 E 7 8 9 10 11 12 13 14 15 15 17 1R 19 20 -, i 2? 23 24 25 companies interested in our selected method, whether competitive bidding, competitive sealed proposals construction manager-agent, construction manager-at-risk, or design-build. Commissioner Williams? COMMISSIONER WILLIAMS: During his absence, while he was enjoying the cuisine and the wine in France and other places that he attended, Commissioner Letz let me play around with this a little bit and provide you some information so that we c:an make a decision as to what would be an appropriate method for moving forward. Just coincidental to that, there appeared an article in the September issue of County Progress that dealt with the fler,ibility that Senate Bill 510 gives to counties with regard to construction/renovation projects. And I guess that's an improvement over where we were in the past in terms of this project, but it does enable the County to consider competitive bidding, competitive sealed bid proposals, construction manager-at-risk, construction manager-agent, and design-build concepts. If you haven't read the article, I commend it to you; it's pretty informative. And, so, that's kind of where we are today in terms of how it would be best to pror_eed. In addition to that, what we did then was to as ask Mr. Blankenship to spruce up his revised master plan documents that he had in his computer, so as to provide a _ , 106 1 /~~ L 3 4 5 6 7 8 9 10 11 12 13 M 14 15 16 17 18 19 20 21 ~' 2 2~ ~ 14 25 revised -- revised master plan to reflect the sense of what we would be looking to do? And the diagram that I've provided to you right now indicates that, as a barn, the specification is 17r;, I guess, by 281, to provide the kind of space that Hill Country District Junior Livestock Show would like to have, tied into the existing arena, which would be refurbished to accommodate -- to offset or to renovate in terms of the problems associated with that arena. And then a lot of parking in the area where there was heretofore a major arena, and that's gone. And the r. to put the exhibit hall on the eastern side of our property, and to indicate what the size would be based on our desire to replicate 13,000 square feet of space, and what it would look like if somebody else joined with us and provided another 13,000 square feet of space to make it a really Class-A facility. And they've associated parking all around and so forth and so on. This particular schematic which you have there shows areas for future parking. That's what those dotted lines are, future parking potentials and so forth. And, so, that's where we are. We need to talk about what's the best way to go, whether it's to be competitive bidding, competitive sealed proposal, construction manager-at-risk, ~_;,. 10~ 1 2 3 4 5 5 7 8 Q 1C li 12 13 14 15 16 17 18 19 20 21 22 2? 24 25 construction manager-agent, or design-build. COMMISSIONER LETZ: If we could just kind of do one at a time first? COMMISSIONER WILLIAMS: Sure. COMMISSIONER LETZ: 'Cause I saw something else on there when I visited with you earlier that needs to be changed. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: There's a redo over the outdoor arena. There's no redo contemplated. COMMISSIONEP. WILLIAMS: No. COMMISSIONER LETZ: So that needs to be deleted. COMMISSIONER WILLIAMS: Well, just the redo does. COMMISSIONER LETZ: The redo. The outdoor arena's still there. COMMISSIONER WILLIAMS: Arena stays in that; we just take out redo. COMMISSIONER LETZ: Just take the word "redo" off. And, dust another general comment; I think it -- the dot*_ed lines clutter the map, and they need to all be removed. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: And then the parking on e-_~- ~. 108 1 3 4 5 6 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 the west side of the Ag Extension building and the outdoor arena needs to be deleted. COMMISSIONER WILLIAMS: Okay. Okay, on the west side -- I got you. COMMISSIONER LETZ: And the reason, that's the area that we're talking about -- I know from talking with Bill that it's not intended that's going to change anything. It's just still grass parking over there, or parking, but it just confuses things, to me, to have that shown there. Either relocate it or delete that amount of parking. COMMISSIONER WILLIAMS: What would be your pleasure? Relocate or just delete it? COMMISSIONER LETZ: I think just delete it. COMMISSIONER WILLIAMS: Just delete it. If we need to add it, we can add ir. Okay. COMMISSIONER LETZ: And the -- and then I think that it is a -- more of an accurate representation of, you know, what we previously voted on as kind of a footprint plan. The only other comment that I would have, and this is a -- in talking with the Stork Show Association a little bit more at length since we last discussed this, they are -- or they feel that a better use of the funds would probably be to not do the renovations on the horse barn to the extent that we had talked about, but use those funds that we 9 ~ i-'~~_ 109 1 ,~. _ 3 4 5 5 8 9 10 11 12 ~-. 13 14 15 16 17 18 19 20 21 22 23 24 25 allocated for that to make the barn larger. And they think that that -- you know, it's no change in dollars; it's a change in facilities that are pretty much earmarked 100 percent for Stock Show/ag uses, and they feel it gives more flexibility to make that change. And so that's just something that -- you know, I don't know that, really, the -- that level of detail -- I don't know that we really have to spend a whole lot of time on right now, other than just be aware that that may be there. And if the bond issue does pass, the exact drawings would be done at that point, you know. I think at that point you'd get -- you know, want to get the Stock Show very much involved in the exact layout of that barn. So, that's just a comment that they have made, and I didn't see ar.y problem, and I don't think it really changes anything of any substance, dollars or square footage use. I think that the -- you know, the idea is to basically -- there are still -- I guess Mr. Blankenship has the moneys allocated to do this. I think we need to get an accurate footprint, better -- or beyond the stick drawings that I drew that weren't to scale, and that's what the intention is here. I think we were trying to save some money on my drawings, but we're getting to a point that my draftinq ability isn't quite sufficient. So, funds are there, and -- you know, at least in the current budget. -, s _ 1 z 4 5 6 7 8 Q 10 11 12 13 14 15 15 17 18 19 20 21 22 23 29 25 110 COMMISSIONER WILLIAMS: We had earlier talked about a 44,000-square-foot barn. COMMISSIONER LETZ: Right. COMMISSIONER. WILLIAMS: This reflects 49,456, so it would have beer. utilizing some of the transfer of funding from the other barn to -- COMMISSIONER LETZ: I think it would leave it the same, which I think there will be some renovation to the horse barn, and definitely in the barn. It just depends, the mix of the dollars, just how you divide that up. So, I think the drawing is accurate. Even -- you know, there'll be money spent on both facilities. COMMISSIONER WILLIAMS: One other caveat, I think, was about the Exhibit Hall in terms of 13,000. What Mr. Blankenship was saying is that if we're talking 13,000, are we talking about usable space, 13,000, or are we talking about what's remaining after you carve out restrooms and all the other things that you were going to carve out? He is of the mind that if we do that, by just saying 13, if we carve out all the o*_her things you have to do, you've taker. usable space down to about 11 or less. COMMISSIONER. LETZ: My numbers that I -- the way I came up with it, I measured the outside boundary of the current Exhibit Ha11, and it's about 13,000 square feet, and the outside boundary of the new one's 13,000 square - _ ; ~ _ 111 1 2 3 4 5 6 7 2 9 10 11 12 13 14 15 16 17 18 19 20 21 -, , ?3 29 25 feet, so the usable is comparable, which puts its down to about 11,000. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: Anybody have any thoughts as to the vehicle we should adopt for accomplishing this? COMMISSIONER LETZ: I think the -- where we are, in my mind, is either construction manager-at-risk or design-to-build, which is basically a guaranteed maximum -- it may be a fixed price, basically a fi::ed price. I like -- I probably like, personally, the design-to-build better, and the reason is that this is not a -- a high architectural type design. We're talking about a barn. It has to be certified by law, engineer and architect -- COMMISSIONER BALDWIN: And a goat barn, at that. COMMISSIONER LETZ: And goat barn, at that. And I think that with the design-to-build, you car, -- what we're asking for, then, basically is for a builder and architect to team up and come up with a design that they can guaran*_ee they can build for a set amount of money. And I think that we will get a far better deal that way, rather than hire an architect that's going to take E -- you know, 5 or 6 percent. I think it's going to be very, very difficult to negotiate architects off their standard state amount, whereas I think that if you have a builder-architect 9 ! 9 ~ _ 112 1 2 3 4 5 6 S 9 10 11 l 13 14 15 16 17 18 19 ~~~ 21 22 23 24 25 combination -- 'cause I know a number of the builders in town have relationships with specific architects, and I think they car. come up with a better price for us. So, personally, I probably lean on the design-to-build, even though that -- I hear it removes us a little bit fl~rther from the process. And it does, but I don't see -- we still approve the design. I mean, it's not like we're giving a blank check for the -- somebody to build the facility. We still retain that control. COMMISSIONER GP.IFFIN: Here's why it gives you the arm's length, though, is you have subcontractors, as we've had several times in -- in projects that the County's undertaken. It you have subcontractors that don't perform, it's not this Court's function to have to go fix it. It's that -- it's that builder. That team has to go do that, 'cause their contract was with us to deliver what we approved. Even though we do approve the design, but that_ -- that's the end of it, and that's the beauty of it. And it works well ir, the private sector, and the feds do a lot of this now. The federal government's doing a lot of design-to-build, because it -- you pays your money and then you get out of the way. COMMISSIONER LETZ: The only thing we may want to look at -- this is in the overall scheme. In the -- the three point -- or three and a half million number that ,_,,~_~> 113 1 2 3 4 5 6 7 0 9 10 11 12 13 14 1h 16 17 18 19 20 ~l G2 23 24 ~5 we pretty much settled or., I don't know that we want to include the parking in that. I think our Road and Bridge can probably contract for that cheaper. That, or do it themselves cheaper, so I don't know that that necessarily needs t~ be part of it. And the other part of it, there are some -- there's a number in that total for pens and things of that nature. I guess furnishings and that need to be carved out, because I think that's something that, in talking with some of the members of the Stock Show, that they could probably help out a lot on design and alsc probably, you know, maybe help with the cost, too. JUDGE HENNEKE: Well, with the design -- it has to fit in with the overall design. I don't disagree with you, but they have to understand that there's a -- first of all, there is a budget, and secondly, that whatever they design has to fit within the design of the facility. COMMISSIONER LETZ: Right, and 1 agree. And I'm just saying that the -- the design-to-build contract for the facility, I think at this point needs to pull out the parking and pull out the -- at least some of the interior furniture. JUDGE HENNEKE: Well, I would -- I would leave the parking in as an alternative so that you can compare -- compare the cost that they would do, and also the time, versus what Road and Bridge can contract for or what v ~+~ 114 1 2 3 4 5 5 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 LS they can do it themselves, and also the time frame. COMMISSIONER LETZ: Right, and I agree with that. Any other time, they may be able to come -- there may be some prefab fence that is cheaper than reinventing the wheel. So, I think we should do -- both of those should be done as alternates. COMMISSIONER GRIFFIN: You can write the contract so that those are so-called costed options. In other words, they -- they cost the option to do an.y of those things. You can either exercise the option or not exercise it, so that you can look at other ways of doing it. And you don't have to necessarily -- but they -- when they do their up-front exercise, they go ahead and cost that as an option, but they -- and it's fully costed. If you exercise the option, that's the price. That is -- that's the price you pay. COMMISSIONER LETZ: Under -- and, Bill, I don't know if you know the answer to this or not, and we've talked about it some. In the design-to-build, they -- I presume what they furnish us is a -- what their bidding base -- or what we make our decision on is a design and a cost? COMMISSIONER WILLIAMS: Right. And we sign off on it. COMMISSIONER LETZ: So we get -- basically, 115 1 3 4 5 5 7 S G 10 11 12 13 14 15 16 17 18 lg ~D ~l 2? 23 24 25 at no ccst to the County, we get a basic design provided by the contractor in the bid process? COMMISSIONER WILLIP.MS: That's my understanding. JUDGE HENNEKE: No, it's not -- you choose your team. COMMISSIONER LETZ: How do you choose? JSiDGE HENNEKE: They produce the design -- preliminary design. You then approve the preliminary design, which they then cost. COMMISSIONER LETZ; I Guess my question is, what is the -- what are the criteria used in choosing the team? COMMISSIONER WILLIAMS: We11, I want to get to that. I'm glad you raised that, because, you know, this leads to a little bit of confusion in terms of design-build. The County selects the firm, normally a team of general contractors and architects that work under one ecntraet to provide both design and construction. My question is, then, to your question, do we pick the contractor, whc in turn picks the architect, or can we select the contractor and the architect? COMMISSIONER LETZ: They come as a team. COMMISSIONER GRIFFIN: They have to select who they want to team with. They make a proposal to us, and _s .. 116 1 .-, 2 3 4 5 b 7 A 9 10 11 12 .-- 13 14 15 lE 17 18 19 ~D 21 ~~ 23 /~~ G Q 25 then, based on that proposal, we select the team. JiIDGE HENNEKE: I think what you do, Jonathan, is you set forth the criteria. The architect would pick the general contractor. Then they must demonstrate experience in construction of these types of facili*ies. They must provide references. They must -- you have to set up the criteria for the team, and tkien you evaluate the proposals based on, you know, the criteria. COMMISSIONER WILLIAMS: L think that'a the reason why I like the other -- prefer the other one better, the construction manager-at-risk, as opposed to design-build. And if we select a firm -- a general contractor, and we also select -- and at the beginning of the project and at the same time, we name an architect, a construction rnanager-at-risk then works with them and sits on top of them and makes sure it's built and designed to our specifications, and that the end result, beiny the gross maximum price, is one that we will be able to live with. COMMISSIONER LETZ: I mean, I'm -- either one of those two would work, but I still qo back to my concern. This is -- and I'm just. looking down the road. How do ywa make that choice? I mean, if we had three good, reputable contractors that we've worked with that give some preliminary numbers, I would not know how I could -- you know, what criteria do you use, who to pick, other than -- I ~~ 117 i G 3 4 5 5 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 ~4 25 mean, I don't see how you make that decision. COMMISSIONER GRIFFIN: I can -- let me just say -- and this doesn't make a whole lot of difference to me, as you might understand, but if you can work it as a design-build operation, this Court is going to benefit from it, I guarantee you, because it will get you out of the business of having to select contractors of any kind. You select people that you know can gc do this job based or. their credentials and their past performance, and then yrni contract with them to go choose the right contractors and do what they need to do, get the Court out of the loop or, that. And I think you're -- you're wise to do it. You'll probably come in on cost, because that's the way it's written into the contract. You'11 probably get a better product, because they're going to go out and get the very best contractor they can. They have to -- COMMISSIONER LET'G: I don't -- I really don't see the difference in 4 and 5, because, as I understand ir, II K. L.S.D. is currently using Number 4. DODGE HENNEKE: That's correct. COMMISSIONER LE'1'Z: Aria they're basically having the same thing. They have hired a contractor, and, you know, he has full authority. So -- they also hired the architect. DODGE HENNEKE: And that's the difference. -_~-n. 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 1Q 20 ,1 22 23 G9 25 118 COMMISSIONER LETZ: That's the difference, who hires the architect? JUDGE HENNEKE: K.I.S.D. hired au architect, then they hired a r_ontractor, and they said, You guys go talk, come up with a design, plans and specs, and a price, and .f we adopt the price, contractor, you're sturj: with it. 'Cause design-build, you select a team and they go through the same exercise, but you haven't independently selected the architect and the contractor. Y'ou get the same place, but they -- you know, they come in as a team. You know, I want to work with Jonathan -- I'm an architect; I want to work with Jonathan. We'll make a proposal. COMMISSIONER GRIFP7N: That alone is a good part of the design-build philosophy, because the team members decide whc they want to team with, and it's people they know they can work with, and they're not going to team with someone they don't think they cau work with. And we know what happens when we get an architect and a -- and a prime contractor that dcn't actua]ly see eye-to-eye about how things ought to go. We've been through that. COMMISSIONER LETZ: I just think -- I think, you know, _T would prefer 5, But, I mean, it's not that big of a deal. I mean, I can qo with 4 or 5, but I would have a little preference with 5, because we're talking about a pre-engii:eered building, Tor the most part, for both of i-- 1 2 3 4 5 5 8 9 10 11 12 13 14 l5 16 17 18 18 ~0 ~l ~2 23 24 25 119 these. I mean, that's -- it doesn't take much architecture, COMMISSIONER GRIFFIN: That's right. COMMISSIONER LETZ: You need basically -- Z mean, you know, in my mind, you don't need any architect, really, in this project, Aut the law says we've get to have one, so we're going to. COMMISSIONER GRIFFIN: It's au important point, because you may want to -- in that initial proposal, RFP for se]ecting a team, we might want to include the option of a single firm providing all of the services, both design and build. That's often done as well on some similar projects. JUDGE HENNEKE: I think on a COMMISSIONER GRIFFIN: They don't have to -- JUDGE HENNEKE: I think ou a public building, we have to have an architect cert~fiPd. COMMISSIONER GRIFFIN: They may have an in-house architect. JUDGE HENNEKE: `That's fine. I mean, they can do it ~f it's an in-house person, so long as they are a registered architect -- COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: -- that. can do the necessary certifications. It doesn't have to be someone housed in a different location. 1 3 9 6 7 8 9 10 11 12 13 14 15 16 1/ 18 i '~ 20 21 22 ~j ?q LS 120 COMMISSIONER GRIFFIN: That's right. JrJDGE HENNEKE: As long as it's a team concept. COMMISSIONER LETZ: I'm still back to how we make the decision and what we're asking them that's going to be a different -- I mean, everyone who we hire by law is going to be bonded, carry all this other stuff, you know. JrJDGE HENNEKE: The oath. COMMISSIONER LETZ: The oath. They're supposed to -- JUDGE HENNEKE: That's going to be a requirement, at least on this one. COMMISSIONER LETZ: But I'm just trying to figure out what criteria we make our decision on. Or is there one? JUDGE HENNEKE: What criteria would we make a decision on anything? I mean, unless you go with competitive bids, it's always subjective. And even a competitive bid, there's a certain amount of subjectivity, because you have to -- you have to hire the -- you have to take the lowest qualifying bid, and the question comes, who's qualified and who's not? COMMISSIONER. GRIFFIN: Generally -- let me tell you another process. There's another piece of this that 1've seen work; it works very well, and that is you 1 ~^ 2 3 4 5 E 8 9 10 11 12 ,... 13 14 15 16 17 ~8 19 20 21 Z2 23 24 25 121 have -- when you -- before you -- when you put out the preproposal -- and that's what's it's called. You put out the preproposal in draft form and you send it to all those you think would be interested. Then you have a preproposa have a chance to sort of redo the criteria that you're -- based on the bidders or the team -- potential teams asking anestions of you, now you can sort of come out wi*_h the final RFP. That's what they, then, all respond to, and you make a choice based or. that. It works pretty good. COMM15S10NER LETZ: I guess I'm going back to was on the school board in Comfort and we were going through a bond issue down there -- we don't use the old system, but as I recall, the architect provided a basic drawing before at no cost, and then, you know, if the bond issue passed for that school, they were obligated to use them, and that was -- and they would develop that design forward. Why couldn't we go out in the package, saying, you know, you -- here's a basic plan. Give us a design for -- or give us suuieLkring for what this is going to look like. COMMISSIONER GRIFFIN: So, based on that, on our rough spec? 9-_?-,,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 23 24 7j 122 COMMISSIONER LETZ: Yeah. You come up with something. What can you give us for this dollar amount to accomplish all of these needs, and what's it basically going to look like? And, you know, can we not do it that way? JUDGE HENNEKE: I think we can pretty much do anything we want to, but then do you feel better qualified to evaluate the team, then, if they give you a drawing than if they simply state their qualifications? Is that a step that's helpful to you in your decision? COMMISSIONER LETZ: Yes. To me, it is. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: It's also because I want to make sure that -- that we're real clear on what we want in this facility, because it's a -- that's a way for us to look at a drawing and say, okay, we have restrooms, you know. Make sure -- make sure the restrooms are there. I mean, I think -- COMMISSIONER WILLIAMS: Can we go back to what Larry was talking about, about preproposal'? That is something that we -- we draft -- we draft a preproposal? Is that what you're saying? COMMISSIONER GRIFFIN: No. We have a preproposal conference, but we have a draft RFP; we have a draft Request for Proposal. So, what we do is we try to yeneLale ibis spec document that we want them to consider s- .^ 1 3 4 5 6 7 8 9 10 it 12 13 14 I5 15 17 18 19 2p 21 ~~ 23 24 25 123 and get their teams together and all. We -- we do that document in draft, and then we send that to them in draft and say," "Submit your questions by such-and-such date." And there will be a preproposal conference shortly thereafter, okay, after we get the questions and comments back to that draft, where everybody who wants to show up at that conference has the benefit of all the questions that were asked and all of the answers, so that everybody's on a level playing field. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: Now, you finalize -- after that conference, you finalize the RFP and you send that to all those who have shown interest. COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: Everybody has the benefit of the answers to everybody's questions. COMMISSIONER WILLIAMS: Everybody that shows interest can be -- can be either an architect who will select a builder to form a team, or builder who will select an architect to form a team; is that correct? COMMI55IUNER GRIEFIN: Right. And we're going to have in there what these qualifying limits are, you know, what you have to have as capability to bonding and all the other stuff that goes with it, certified architects and so on. And -- and then we're going to evaluate those y-~'S-~~, ~' 1 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 23 24 25 124 responses based on this final RFP when they come back to you. They look at it -- say there's a Team A, B, and C. Team B is the better looking team; they came closer to answering what we asked for in the draft -- I mean in the final RFP. They're the ones we want. CUMMISSIONEP. WILLIAMS: With that understandinq, then, of how that process works, I don't have -- I don't have any particular problems in design-build, as opposed to construction manager-at-risk. I just note one spot here in this article talks about a guy who's a part of a large construction firm -- Austin-based firm that specializes in design-building, construction manager-at-risk, and it says that the concepts afford the owners' active participation to obtain the facility they want for its intended use, and balance in the proposed construction cost. Both of the concepts, either design-build or construction manager-at-risk -- both concepts allow a team approach from design through construction, which he seems to think is beneficial to the owner. COMMISSIONER LETL: Well, I mean -- Commissioner Baldwin? You haven't said anything. CUMMISSIUNER BALDWIN: No. No, I'm waiting. I've always been a design-build fan. I just think you -- COMMISSIONER LETZ: I think the -- I mean, - ~- .. 125 1 2 3 4 5 7 8 9 10 11 12 13 14 l~ 16 17 lft ly ~0 Zi ,~ ~3 24 L 5 the purpose of the items down is to pick the approach and then start developing the -- the Request for Proposal. COMMISSIONER WILLIAMS: The Request for Proposal. JUDGE HENNEKE: I would suggest that we choose the approach and then set a time, probably the last meeting in October, to bring back a draft preliminary Request for Proposal. COMMISSIONER LETZ: In that interim, I would think that -- I mean, it would probably benefit from a -- I'm going through the time sequence. IY we could have a preliminary meeting of anyone, as well, so we could have a final document to approve at the second meeting in October. COMMISSIONER WILLIAMS: We need to have that Request for Proposal drafted quick. COMMISSIONER LETZ: Just so that, basically, you know, we get the draft one put together. And then, you know, we're having a conference even before we've had a Yinal draft for everyone to discuss a plan. We can put together something, I think, as a -- a draft version pretty quickly. DODGE HENNEKE: That's fine. COMMISSIONER LETZ: I'll make a motion that we proceed with the design-to-build approach for the -- DODGE HENNEKE: Renovation/expansion of the -3- 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1R 19 20 21 L 23 24 25 Hill Country -- COMMISSIONER LETZ: Yeah, for the renovation/expansion of the Hi11 Country Youth Exhibition Center. CGMMISSIONER WILLIAMS: I'll second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court adopt the design-build method of solicitation for companies interested in the renovation/expan.s ion of the Hill Country Youth Exhibit Center. Any questions or comments? CGMMISSIONER WILLIAMS: 1 only have one other comment, and it's not directly related, but it is sort of related. I would recommend to all my colleagues for their reading a commentary that appeared in the Weekender of the Kerrville Daily Times, a guest column by Arthur Nagle. And Arthur did a really, really bang-up job of -- of providing a lot of insight into what we need to be thinking about, things to consider in the future. And, believe it or not, he's a proponent of the project. JUDGE HENNEKE: Good. CGMMiSSlONER BALGWIN: I noticed there one of the things he's talking about is changing the name of it, and the change was -- he too}; the word "youth" out, was the only change. I think that it's extremely unwise to talk about that kind of stuff at this point. y ~ 3-r~ 127 1 2 3 4 5 6 7 F 9 10 11 12 13 14 15 16 17 18 19 ~S 21 22 ~J 29 15 COMMISSIONER WILLIAMS: Oh, no. I'm just asking to you read this thing. COMMISSIONER BALDWIN: 1 know, I Y.now. JUDGE HENNEKE: Any other questions or comments regarding the design-build selection'? 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: I voted for it as if I were going to build something. (Laughter.) COMMISSIONER GRIFFIN: Yes. JUDGE HENNEKE: If there's nothing elae -- MR. SMITH: Judge, may I take about five seconds of your time to make a comment: JUDGE HENNEKE: Regarding what, Mr. Smith? MF. SMITH: The reporter, Rosa Lavender. This is her last meeting. JUDGL' HENNEKE: We've talked -- we covered that at the very beginning. MN. SMITH: Okay. I wasn'i_ ;sere. COMMISSIONER WILLIAMS: We gave her commendations and kudos. 128 1 2 3 4 5 5 7 8 Q 10 11 12 13 14 15 1F 17 18 19 20 ~l 22 ^3 24 25 MR. SMITH: I think sloe deserves it. Thank you very much. I wasn't here when that happened. DODGE HENNEKE: We are adjourned. (Commissioners Court adjourned at 11:46 a.m.) STATE OF TEXAS I COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 27th day of September, 200?. JANNE~T~T~PIEPEB, Kerr County Clerk Kathy Ba~ik, Deputy County Clerk Certified Shorthand Reporter _ 3 _ ORDER N0. 27755 CLAIMS RND ACCOUNTS On this the 23rd day of September, 2002, came to be consider-ed by the Court var-ious Commissioners precincts, which said Claims and Accounts are: 10-Qeneral for (129,062.45; 14-Fire Protection for 34,699.17; 15-Road & Bridge for 3108,811.80; 23-Juvenile .State Aid Fund for 3756.00; 31-Parks for 3660.00; 50-Indigent Health Care for 334,802.47; 76-Juvenile Detention Facility for 330.99; 83-State Funded-216th Dist Attorney for 3509.93; 86-State Funded-216th Dist Pr•ob for 31,811.76; 87-State Funded-Community Corrections for 36,069.76. TOTAL CASH REQUIRED, ALL FUNDS: 3287,214.33. Upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to pay said accounts. ORDER NO. 27756 BUDGET RMENDMENT IN J. P. #2 APPROVE OF LRTE BILL TO EDOCTECHNOLOGIES, INC. On this the 23rd day of September, 2002, upon motion made by Commissioner Williams, seconded by Commissioner Gr^iffin, the Court unanimously approved by a vote of 4-0-0, to pay 4750.00 to Edoctechnologies, Inc., with (175.00 fr^om Line Item No. 10-456-108 Part-tine Salary, and 575.00 from Line Item No. 10-456-206 Bonds, to Line Item No. 10-456-563 Software Maintenance. The County Auditor and County Treasurer are hereby authorized to write a hand check in the amount of f750.00 made payable to Edoctechnologies, Inc. ORDER NO. 27757 BUDGET AMENDMENT IN CONSTABLE PRECINCT NUMBERS 1, 2 AND 3 On this the ^c3rd day of September, 2002, upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to transfer 4200.00 from Line Item No. 10-551-101 Official Salary, with 4100.00 to Line Item No. 10-552-331 Gasoline, and 4100.00 to Line Item NO. 10-553-331 Gasoline. O ORDER NO. 27758 BUDGET AMENDMENT IN JURY FUND AND CITY-COUNTY OpERRTION On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to transfer- 51,900.00 from Line Item No. 10-434-492 Juror Fees, to Line Item No. 10-595-450 Rirport Operations. ORDER NO. 27759 BUDGET RMENDMENT IN INDIGENT HEALTH CARE On this the cc^3rd day of September, cc^002, upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to declare an emergency and increase the budget 4747.0@ in Line Item No. 50-641-200, Eligible Expenses, 4381.94 in Line Item No. 50-641-486 Third Party Expense, by an aggregate amount of 41,128.94, with such funds to come from Fund 50 fund balance. ~~ ~._ .\ ORDER ND. 2776@ BUDGET AMENDMENT IN COUNTY TRERSURER On this the 23rd day of September, 2@@2, upon motion made by Commissioner• Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to transfer 528.08 from Line Item No. 10-497-485 Conferences, to Line Item No. 10-497-3@9 Postage. ORDER Np. 27761 BUDGET AMENDMENT IN GENERRL FUND-REVENUES ~) COUNTY COURT, COUNTY COURT AT LAW, 216TH DISTRICT COURT RND 198TH DISTRICT COURT On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner^ Let z, the Court unanimously approved by a vote of 4-0-0, to increase the budget and allocate funds received from State Comptroller for S.B. 7 Grant in the amount of 517,933.00, Line Item No. 10-370-300 Various Refunds, with 4625.@0 to Line Item No. 10-426-4@2 Court Appointed Attorney, 5889.70 to Line Item No. 10-427-402 Court Rppointed Attorney, (14,610.00 to Line Item No. 10-435-402 Court Rppointed Attorney, and 41,808.30 to Line Item No. 10-436-402 Court Appointed Rttorney. ORDER NO. 27762 BUDGET AMENDMENT IN DISTRICT CLERK On this the 23rd day of September, 200^c, upon motion made by Commissioner- Williams, seconded by Commissioner- Lett, the Court unanimously approved by a vote of 4-0-0, to transfer $314.69 from Line Item No. 10-450-104 Deputies, to Line Item No. 10-4S0-1i2 Overtime. ORDER N0. 27783 BUDGET AMENDMENT IN LAW LIBRRRY On this the 23rd day of September, 2008, upon motion made by Commissioner Gr^iffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to declare an emergency and transfer t2, 569. 92 from Fund #18 Fund $alance, to Line Item No. 18-650-590 Books. ORDER NO. 27764 HUDGET AMENDMENT IN COUNTY SPONSORED ACTIVITIES AND GENERRL FUND-REVENUES On this the 23r-d day of September, 2@@2, upon motion made by Commissioner Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-@, to increase the budget and allocate funds in the amount of 43@8.27 received from State Comptroller for 2@@1 unclaimed property capital credits, Line Item No. 1@-37@-3@@ Various Refunds, to Line Item No. 10-660-446 Kerr Economic Development. ORDER NO. 27765 RRPROVRL OF LATE BILL TO TEXAS ASSOCIATION OF COUNTY RUDITORS On this the 23rd day of September, 2002, upon motion made by Commissioner- Let z, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to pay 4190,0@ from Line Item No. 10-495-4B5 to Texas Association of County Auditors. The County Auditor and County Treasurer are hereby authorized to write a hand check in the amount of 4190.00 made payable to Texas Rssociation of County Ruditors. ORDER NO. 27766 APPROVE TO RCCEPT MINUTES AND WRIVE READING On this the 23rd day of September, 2002, upon motion made by Commissioner Baldwin, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-0-0, waived reading and approved the following minutes: Kerr County Commissioners Court, Regular Session, for Monday, Rugust 12, 2002 at 9:00 a. m.; Kerr County Commissioners Court, Special Session, for Monday, August 26, 2002 at 6:30 p. m. r ORDER NO. 27767 ~: / On this the lard day of September, 2002, upon motion made by Commissioner Baldwin, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, to accept the following reports and direct that they be filed with the County Clerk for- future audit: RPPROVE AND ACCEPT MONTHLY REPORTS Vance Elliott - J.R. #1 August 2002 Linda Uecker, District Clerk August 2002 Jannett Pieper, County Clerk August 2002 Robert L. Tench - J.P. #3 August 2002 Dawn Wright - J.P. #2 August ^c002 William E. Ragsdale - J.P. #4 Rugust 2002 W.R. Hierholzer - Sheriff August 2002 Civil Eddie Holland - County Extension Agent - RG. Kerr County August 2002 ORDER N0. 27768 AGPROVE EXECUTION OF DOCUMENTS FOR ENTITLEMENT GRANT FUNDS ~J RND AUTHORIZE COUNTY JUDGE TO SIGN SAME On this the 23r^d day of September, 2002, upon motion made by Commissioner^ Baldwin, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, execution of documents for Fiscal Year 2002 Entitlement Grant funds for^ the fencing improvement project at the airport and authorize the County Judge to sign same. `~ ORDER NO. 27769 APPROVRL OF KERR COUNTY~S QUIT CLAIM TO THE TOWN OF CENTER POINT On this the 23rd day of September, 2002, upon motion made by Commissioner- Williams, seconded by Commissioner Griffin, the Court unaniaously approved by a vote of 4-0-0, to authorize issuance of quitclaim deeds from Ker-r County to the Center Point Area Historical Preservation Association and the Center Point American Legion Post 583 for the County~s right and interest, if any, in certain alleyways identified in the quitclaim deeds, and authorize County Judge to sign the deeds. ORDER NO. 27770 APPROVRL OF FUNDING REQUEST FROM HILL COUNTRY ALTERNRTIVE DISPUTE RESOLUTION CENTER, INC. On this the 23rd day of September, 2002, upon motion made 6y Commissioner Baldwin, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, the funding r^equest from Hill Country Rlternative Dispute Resolution Center, Inc. to allocate f42,480.00 from the Alternative Dispute Resolution Fund for their operations for the next fiscal year^. ORDER NO. 27771 APPROVE ENGAGEMENT OF PRESSLER, 7NOMPSON AND COMPRNY ~°' On this the 23r-d day of September, ^c@02, upon motion made by Commissioner Paldwin, seconded by Commissioner Williams, the Court unanimously approved try a vote of 4-@-@, tv engage Bressler, Thompson and Company tv perform the Kerr County audit for Fiscal Year 2@@1-2@@2. ORDER N0. 27772 APPROVE REGULATORY SIGNS, NAME CHANGE AND SCHOOL ZONE On this the 23rd day of 5e pt ember, 2@@2, upon motion made by Commissioner Williams, seconded by Commissioner Let z, the Court unanimously approved by a vote of 4-@-@, regulator^y signs, name change, and School zone for Kerr County. The name change is to change the name, currently Skyline Drive West, to Nieitz Drive West. The speed limits on Old Mountain Node Loop Northwest will be 35 miles per hour, Boardwalk North would be 45 miles per hour, Honey Creek West would be 35 miles per hqur. "No Bumping" signs on Kerrville South Drive South and Pike"s Peak South. A stop sign at Beaver Road South, which stops to Indian Creek Road South, and a 2@ mile-per^-hour speed limit and school zone 2@@ feet east and west of Our Lady of the Hills High School property on Peterson Farm Road North during the hours of 8 a. m. to 9:i5 a. m., and during the time of 3 p. m. to 4 p. m. Also, a "School Speed Zone Ahead" sign 50@ feet east of the c^@ mile-per-hour school zone on Peterson Farm Road. ORDER NO. 27773 ORDER THE GENERAL ELECTION AND RUTHORIZE COUNTY JUDGE TO SIGN THE ORDER OF ELECTION On this the 23rd day of September, 2002, upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to Or^der the Gener^al Election as required by Sec. 3.004 and 3.005 of the Texas Election Code and authorize the county judge to sign the "Order of General Election." ORDER N0. 27774 RPPROVE POLLING LOCATIONS IN ACCORDRNCE WITH CHAPTER 43 ~J OF THE TEXAS ELECTION CODE On this the 23rd day of September, 2002, upon motion made by Commissioner Baldwin, seconded by Commissioner- Letz, the Court unanimously approved by a vote of 4-0-0, the polling locations in accordance with Chapter 43 of the Texas Election Code, as attached. ORDER NO. 27775 RPPROVE THE APPOINTMENT TO SERVE /'1 AS THE CENTRAL COUNTING STATION PERSONNEL On this the 23rd day of September, 2002, upon motion made by Commissioner Let z, seconded by Commissioner Griffin, the Court unanimously approved 6y a vote of 4-0-0, the appointment of Jannett Pieper, Nadene Alford, and Mindy Williams, to serve as the Central Counting Station Personnel pursuant to Chapter 127 of the Texas Election Code. b ORDER NO. 27776 APPROVE SETTING SHERIFF'S AND CONSTABLES' FEES On this the 23rd day of September, 2002, upon motion made by Commissioner- Baldwin, seconded by Commissioner Williams, the Caurt unanimously approved by a vote of 4-0-0, setting the Sheriff's and Constables' Fees as required under Local Government Code, Section 118.131, as presented. ORDER NO. 27777 APPROVE RMENDMENTS TD THE KERB COUNTY FISCRL YEAR 2002-2003 BUDGET On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the Rmendments as attached to the filed, proposed Kerr County Fiscal Year 2002-2003 Budget. DRDER NO. 27778 APPROVE RDOPTION OF THE KERR COUNTY FISCAL YERR 2002-2003 BUDGET On this the 23rd day of September, 2002, upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, to adopt the Kerr County Fiscal Year 2002-2003 Budget, as amended. ORDER NO. 27779 APPROVE ADOPTION OF KERR COUNTY FISCRL YEAR 2002-2003 TRX RATE On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner Letz, the Court unanimously approved 6y a vote of 4-0-0, to adopt the Kerr County Fiscal Year 2002-2003 Tax Rate at .3721. The Proposed Tax Rate Record vote was as follows: Commissioner Baldwin-yes; Commissioner Williams-yes; Commissioner Letz-yes; Commissioner Griffin-yes. b ORDER N0. 27780 RPPROVE MOVING POSITION OF INFORMATION SYSTEMS SUPRORT SPECIALIST On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, moving the position of the Information Systems Support Specialist to the office of the Auditor and designating the Auditor as the supervisor for the position, authorize rewording of the job description to reflect that change, all such changes to be effective immediately. ~~ ORDER NO. 27781 RRRROVE RESOLUTION FOR DESTINATION DIGNITY MONTH On this the 23rd day of September, 2002, upon motion made by Commissioner^ Williams, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, a resolution declar^ing September 2002 as Destination Dignity Month in Kerr^ County. ~J ORDER NO. 27782 APPROVE RESOLUTION FOR GROUNDWATER MANRGEMENT RRERS On this the 23r-d day of September, 2002, upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to adopt the Resolution as amended regarding the boundaries of Gr•oundwater• Management Rr•eas. ORDER NO. 27783 ARP ROVE "AMBER ALERT SYSTEM" On this the 23rd day of September, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner- Let z, the Court unanimously approved by a vote of 4-0-0, the emergency alert system local area plan for the San Antonio operational area and designate the County Sheriff as the individual who can trigger the Amber Alert System. ORDER N0. 27784 APPROVE METHOD OF RENOVRTION OF HCYEC On this the 23rd day of September, 2002, upon motion made by Commissioner Let z, seconded by Commissioner Williams, the Court unanimously approved 6y a vote of 4-0-0, to adopt the design-build method of solicitation for companies interested in the renovation/expansion of the Hill Country Youth Exhibit Center.