r~ ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Tuesday, October 15, 2002 y:UU a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas c~ ~J ~ J V PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H.A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner P~~t. 2 JONATHAN LETZ, Commissioner Pct. 3 ABSENT: LARR't GRIFFIN, Coimnissioner Pct. 4 1 3 4 5 6 7 8 9 10 11 12 13 .-~ 14 15 16 l~ 18 19 20 L1 22 2j ... 2 4 25 2 I N D E X October 15, 2002 P AGE 2.1 Quitclaim Deed from Kerr County to Center Point I.S.D. for 0.234 acres of land known as Ave. B d97b7 9 2.17 Selection of consulting architect for HCYEC renovation/expansion project X77`/1 13 2.2 Advertising for bid on lease of new motor grader 44d779~ 2.5 PUBLIC HEARING - revision of plat of the Y.O. Ranchlands, Lots 17, 18, & 19 47 2.6 Approve final revision of plat, Y.O. Ranchlands, Lots 17, 18, & 19 ~}77~3 48 2.3 Clarification of Letter of Credit form letter;{9gy~ 51 2.4 Cancel and vacate Kerrville's Pleasure Cliff Subdivision, set public hearing date i{77%a 54 2.7 Update on July flood damage, repair schedule, and FEMA assistance Ne Gtidr~ 57 2.12 Adopt order amending Annual Determined Contribution Rate Plan for January 2003 through December 2003 66~77~/~ 2.8 Interlocal participation agreement with Texas Local Government Purchasing Cooperative d,%%J~ 67 2.9 Approve polling locations per Texas Election Code 69a799fi" 2.10 Approve various contracts and authorize County Judge's signature /i77r7z1 71 2.24 Approve contract with Hill Country Alternative Dispute Resolution Center =~~7h°'C 72 2.11 Approve tax collection contract with U.G.R.A..~7fic/ 73 2.13 Reclassification of Jail Administrator position d 7~5~;2 from 21/1 to 21/8 74 2.14 Change Order #1 for Kerrville South Wastewater Collection Project -;7be3 81 2.15 Proclamation declaring November 18-22 as Flood Awareness Wee}: 575~~} 82 2.15 Resolution recognizing impact of Zion Lutheran Church during last 100 years :~7~i5 83 2.18 Resolution calling for more equitable distribution of motor tuels tax collected by State of Texas~Z~"~ 84 2.19 Ratify application for West Nile Virus funding?~;~~ 85 2.20 Authorize County Judge to brief Kerrville City~~~~S Council on expansion/renovation plans for HCYEC 88 2.21 Ratify proclamation declaring October 12, 2002, as Rod Kennedy Day ~75~°`i 90 2.25 Apply for extension of time for compliance with J 7 5,D Health Insurance Portability & Accountability Act 91 2.26 Authorize Judge to make statement in support of J 787 Holdsworth Drive project at TexDOT public hearing 93 2.27 Select County representation, Caldwell v. Rylander 94d7~>i%i 2.22 Appointment of Kerr County 911 Board member 97,37b r~' 2.23 Hiring part-time Kerr County Address Coordinator 4 98,,"J~l~ --- Adjourned 99 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 3 On Tuesday, October 15, 2002, at 9:00 a.m., a regular meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: Good morning, everyone. It's 9 o'clock in the morning on Tuesday, October 15th, Year 2602. I will call to order this regular meeting of the Kerr County Commissioners Court. For the record, let's note that Commissioner Griffin is absent today. His wife is having surgery or another procedure on her knee in Houston today, and he has gone down there to take care of her. So, in his absence, I will lead us in our opening this morning. If y'all will stand and join me in a word of prayer, followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: At this time, any citizen wishing to address l.tte CuurL oti an iLeut ctoL lisl.ed ort Lkte regular agenda may come forward and do so. Is there any ciLi~ert who would like Lo address the CouiL on att item not listed on the regular agenda? Seeing none, we'll go to the CouuuissioueLS' cuumtents. I'm anxious to kieaL about Tivy football. Let's start with Commissioner 1. COMMISSIONER BALDWIN: How would you know l ~~ - 1 5 - ~~ 4 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -, 23 24 25 that I would talk about football? We won. COMMISSIONER WILLIAMS: That's good. COMMISSIONER BALDWIN: Friday night in San Antonio. That's two previous or prior top-10 teams in the state that we've knocked off now. So -- and we still haven't -- haven't -- the writers, the A.P. people, still haven't put us in the top 10 yet, but that's okay. The -- the Harris polls that we watched, we've been number 9 for a couple weeks now. So, anyway, besides all that, this coming Friday -- you know, Texas high school football, there's nothing better. There is nothing better than 'Texas high school football. And this Friday is -- is a classic. It's 1'ivy and Fredericksburg -- Kerrville and Fredericksburg, one of the old rivalries in the state. Two undefeated teams, district title on the line. You know, the whole -- the whole nine yards. And if I -- if I were going to tell people what to do, which I won't, but if I was, I would say something like, "Be there early." Because the place is going to be packed. It will be packed. So, that's all I have to say. We're having a good time. Our kids are having fun. We have quality, quality young men, and -- and it's -- character is the difference between Kerrville football and other big city football. It's character. We have some good, good people. That's a11. JUDGE HENNEKE: Thank you. Commissioner 1 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 5 Williams? COMMISSIONER WILLIAMS: I can't top that, so I'll just pass to you. JUDGE HENNEKE: Commissioner Letz? COMMISSIONER LETZ: Just to kind of follow up on the last thing Commissioner Baldwin said about character, and that character starts a lot with the coaching staff. And they -- those people that do watch football a lot and understand football, if you watch the Kerrville coaches, they probably work tcgether better than any staff I've ever seen. While we're on the topic of football, let's go to the number one ranked Comfort Bobcats. (Laughter.) COMMISSIONER LETZ: I believe they won 78 to 8. Not -- I wuu't make a comment on the score that Comfort had, how they got there, but anyway, they continue to roll, and look forward to them making iL well into the state playoffs. And the other -- my last comment was also to follow up something ttie Judge said about rain. I'm not sure about the entire county, but I know at our property, where we do keep accurate records of rainfall, this is now the wettest year ever that we've had, about 65 inches, which is more than double our average. And while we have had some bad floods, we've also had a lot of very general rain, so it's been a remarkable year. 1 n 1 7 '~, E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 24 ~5 JDDGE HENNEKE: Thank you. It's a good time in the Hill Country for football, that's for sure. Ingram Tom Moore is doing well and Center Point's doing well; enjoy watching. The only announcement I will make is a reminder that our first meeting in November also falls on a holiday, November 11th, so our first meeting in November will actually be on November the 12th, which is a Tuesday. The -- our second meeting in November, while I'm on that topic, is our last evening meeting for this year, so it will be on the ZSth of November beginning at 6:30 in the evening. So, without any further ado, let's get on with the business at hand. We have a substantial amount of it this morning, and let's pay some bills. Does anyone have any questions or comments regarding t_he bills as presented and recommended by the Auditor? COMMISSIONER BALDWIN: Judge, I move we pay the bills. COMMISSIONER WILLIAMS: Second. JODGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approvz payment of the bills as recommended and presented by the Auditor. And I want to take a moment here to thank T~nuny and staff for getting the bills down to us. This is a busy time for them. They're closing out last year's books, and aL ehe same time, trying to keep up with this year's 1 1.. _ 1 2 3 4 5 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 23 29 25 7 accounts, and they worked very long and hard in order to get us these bills in time for to us consider them today. Thanks for your good work, Tommy. MR. TOMLINSON: Thank you. JUDGE: HENNEKE: All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget amendments. Surely we don't have any budget amendments. COMMISSIONER BALDWIN: Surely. DODGE HENNEKE: No budget amendments. What about late bills? MR. TOMLINSOI~: 1 have one request for a hand check to Kerrville Postmaster for $370 for postage for the Treasurer's office. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve the late bill and hand check in the amount of $370 payable to the U.S. Postmaster fox postage for 'Treasurer's office. Any questions or comments? If not, all in favor, raise your right hand. 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 2~ ?3 24 25 8 iTrie motion carried by unanimous vote.) DODGE HENNEKE: A11 opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. The ne:~t item foi consideration is minutes. At this time, I'd entertain a motion to waive reading and approve the minutes of the Monday, September 9th, and Monday, September 23rd meetings of the Kerr County Commissioners Court. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE',: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court waive reading and approve the minutes of the Monday, September 9th, and Monday, September 23rd meetings of the Kerr County Commissiuners Court. Any questions or comments? If not, all in favor, raise your right hand. (The muticn carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No resp~iise. ) JUDGE HENNEKE: Motion carries. I would also entertain a motion at this time to approve and accept the monthly reports as presented. COMMISSIONER BALDWIN: So moved. COMMISSIONER. LETZ: Second. JOGGE IIENLSEKE: Motion by Commissioner 1 L 3 4 5 6 7 8 9 10 11 1'L 1S 14 IS 15 l~ 18 19 ~0 21 22 23 24 -, ~~ 9 Baldwin, second by Commissioner Letz, that the Court approve and accept the monthly reports as presented. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Having disposed with the preliminaries, let's move into the consideration agenda. The first item for discussion is Item 2.1, consider and discuss and take appropriate action on the issuance of a quitclaim deed from Kerr County to the Center Point Independent School District for 0.234 acres of land formerly known as Avenue B. Commissioner Williams. COMMTSSIONER. WILLIAMS: Thank you, Judge. I'm going to ask attorney Craig Leslie to come forward and give us a little background other than what's in his letter to me with respect to this particular request for a quitclaim deed for the school district. Craig? MR. LESLIE: This -- in 1999, the City of Center Point was functioning and in existence, and they made a deal with tt-~e Center Point Independent School District to close out a small stretch of Avenue B there in exchange for ancther tract, and the -- the deed was signed from the City of Center Point to -- from the City of Center Point to the school Yor this little tract of land. But, due to the i,-1°-, 1 i 3 4 5 6 8 10 11 12 13 14 I5 16 l~ 18 19 20 21 2_' 23 24 ;5 10 inadequacy of the representation of the school district at that time -- that is the person standing before you here t~~day -- the -- as a matter of fact, I was working with Tom Pollard to get this. The title company was saying they needed a quitclaim deed from the County in order to insure this, although the Center Point School -- City of Center Point was really the operator of the streets at that time, but they had asked fer a quitclaim deed from the City -- from the County, and somewhere it just fell off the track. You know, it's all in -- it was all in the title company, and it just came to our attention that it was never done. And so I'm here today to ask if we could just ask the County for a quitclaim to that. tract, which has already been deeded by the City. COMMISSIONER WILLIAMS: This particular closure of Avenue B, they integrated that piece of roadway into their total property; is that correct? MR. LESLIE: That's correct. COMMISSIONER WILLIAMS: For some redoings of the school property campus? MR. LESLIE: That's correct. COMMISSIONER WILLIAMS: Okay. I would move, Judge, the approval of a quitclaim deed from Kerr County to Center Point Independent School District for point cero -- 0.234 acres of land, which formerly was known as Avenue B in 11 1~ 1 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 ~2 23 24 25 Center Point, to the Center Point Independent School District. (Discussion off the record.) COMMISSIONER WILLIAMS: And ask the County Judge to sign same. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court authorize the issuance of a quitclaim deed from Kerr County to the Center Point Independent School District for 0.234 acre of land formerly known as Avenue B, and authorize County Judge to sign same. COMMISSIONER LETZ: I have a question. JUDGE HENNEKE: Questions? COMMISSIONER LETZ: The -- at the time when the original documents were prepared, the City of Center Foint controlled all that -- controlled that street? MR. LESLIE: Yes. COMMISSIONER LETZ: This really wasn't a county road, even though the County -- I can't remember if -- COMMISSIONER WILLIAMS: We had already turned it over to the City. COMMISSIONER LETZ: We had turned it over to the City? 1 ~ - L ~.-U_ 12 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 to 17 19 19 ~0 21 22 23 24 25 COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: My concern was, is it proper for us just to -- we really don't own anything, more than likely; we're just tying to clean it up, but we -- COMMISSIONER WILLIAMS: When we took it back -- we didn't get it back when we took the streets back; it wasn't part of the package that came back. COMMISSIONER LETZ: We don't have to go through any er,ercise if we're going to assign, I guess, a county road to another entity? JUDGE HENNEKE: I don't think so, because the deed was executed by the City of Center Point in a period of time that they owned the road, and there was already a representation from the County that we didn't have an interest in it. This is basically, from what I understand from Mr. Leslie, an insurance requirement in order for the school to go and get the title insurance which their auditors say they ought to have to all the property. MR. LESLIE: And I have no idea why they're even requiring that, to be honest with you, but title underwriters are notoriously conservative. JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: A11 opposed, same sign. i ~ -it-~ 13 1 2 3 4 5 6 7 S 9 10 11 12 13 19 15 15 17 i8 19 20 ~1 22 23 24 ~5 (No response.) JrJDGE HENNEKE: Motion carries. At this time, gentleman, if we ran, I want to skip to Item 17, since Mr. Gondeck is here. Consider and discuss the selection of consulting architect for the Hill Country Youth Exhibition Center renovation/expansion project per Section 271.119B of the Local Government Code. It's my pleasure to introduce Mr. Wayne Gondeck, who is an architect with DRG Architects out of San Antonio. Mr. Gondeck is currently working with the Kerr County Juvenile Board for the expansion of the Juvenile Detention Center, and it's very easy and productive to work with Mr. Gondeck, and I asked him to consider providing services to the Commissioners Court as the consulting architect, which is required by the Local Government Code any time we do a design-build construction project. So, Mr. Gondeck is here before us today to speak on the issue or answer questions or whatever you want to do as to whether or not to engage his firm to act as consulting architects on this project. Morning, Wayne. MR. GONDECK: Judge, Commissioners, good morning. I would just like to go over a few things with the Court this morning. One -- and I know that most of y'all have read over the legislation. I am not an attorney, so I'm not here to give ar.y legal advice, but I do want to go over the aspects of that legislation which was -- came into 1 i= 1 5 14 1 G 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2J effect last year about this time, or a little bit earlier. It is fairly new. And what it has done is actually formalized a lot of the different alternative types of construction delivery methods that have been utilized, or attempted to be utilized by county government over the years. And there has been, you know, a lot of disparity as to what counties could do or not do. Actually, this began more with school districts a couple years prior, and then was allowed to go into county government and allowing counties to have actually five different methods for construction delivery. We are all very familiar with the sealed bid approach, where you have competitive sealed bids that are presented, read aloud, a lump sum amount. And then, you know, it's up -- and they're selected }.used utr those actual proposals. There is also a sealed proposal, which allows some latitude of a neyutiaLiun with qualified contractors, and then there is two methods of construction management, one being curistru~..tiuii iuauayer as an advisor, one being construction manager at risk. The last type of construction delivery is a design-build process. If that is the method that the County is choosing to go on, then by the stature, iL dues Leyuire you to Hire an independent consulting architect or engineer to act as agent for the County during the duration of that project, to oversee the project and 1 ~ - _ rJ ~ _ 15 1 J 4 5 h 7 8 ' 9 10 ~ 11 12 13 19 ~ 15 16 17 18 19 2U ~l 22 23 ,-. 2 4 ~5 make sure that the design-build firm that is selected does The services that the independent consulting architect would provide begin at the -- the very initiation of the project. The consulting architect assists the owner in developing a Request for qualifications from design-build firms to include a design criteria package. Now, that design criteria package outlines the total scope of the project, it outlines each of the structures or improvements that are required within the project, it establishes the quality of materials. Just as an example, it would outline the size of the buildings that you're looking for, the type of construction that you're looking for, each of the elements that would go in there, you know, like if yuu'ze going to have any restrooms, if you're going to have certain flooring, whether part of it's going to be concieLe, part of it would be dirt. It would also establish on your site improvements how much parking you would have, what type of site lighting you would have, how much of it would be lighted, all those specific elements. And when you have multiple aspects of a project, or multiple buildings, that can get fairly detailed as to wtrat that design criteria package would be. The reason being is that you want to have a document that allows all your design-builders to present 16 1 3 4 5 6 7 8 9 10 ~ 11 i 12 I 13 ` 14 ' 15 15 17 18 19 20 21 2 L 23 ,-. 2 4 zs their proposals and qualifications based on a -- a common criteria. The second step that the independent actually going through the selection of a review and evaluation of the qualifications statements, and make recommendations based on weighted criteria back to the Court to develop a short list or a -- you might say a shorter list of qualified design-build firms that would come in and present in person to be interviewed by the Commissioners Court, in a -- with the assistance of the independent architect. And then, from that point, we would make weighted recommendations again as to selection of a design-build firm. Once you have selected a design-build firm, the independent consulting architect continues to word: through the design process, overseeing the actual design from the architect and engineer of the design-build team. We make sure that all the design elements within the design criteria package are complied with. We'll make sure that they do file the documents with all the required agencies that have authority over the project, like filing with the City, and make sure it has been reviewed by the accessibility review -- state accessibility agencies. And then we work with the owner and the design- build team to 17 1 2 3 4 5 6 7 I ~ 1 9 10 ~ 11 i? 13 14 ~ i5 i 16 1! 18 ly 20 21 22 23 24 25 make sure that the guaranteed maximum cost of the project is in line with, one, the County's budget, and two, that the elements are all provided for within that budget. Once that is solidified, once that design is you begin construction. Then the architect -- the independent architect would provide periodic observation of the work. They would also provide for monthly review of the draws, as far as the contractor draws, and we would certify those draws prior to those being paid by the County. Actually, during the construction, it's very much like, you might say, customarily services that an architect would provide, that we would review any changes in the work and make recommendations. We would come to monthly progress meetings, we'd present monthly reports to the Court, and then, at the end of the job, we would assist in the close-out of the actual -- you know, performing the inspections on the project and making sure that all the final documents, such as the record drawings and other items of that nature, all the warranties, are turned over to the owner at the end of the project. 't'hat is the basic process. As far as Kerr County goes right now, and specific to this project, it's my understanding that this would be based on a bond election to be called. In that case, you probably would not go beyond the selection process 1~.-1° 18 1 2 3 4 5 6 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 prior to the bond election. And that selection process would be contingent, you know, upon the actual passage of the bond. So there would not be any, you might say, continuing obligation if the bond election did not pass. I'd ask if there is any questions as to what our role is and -- or would be. JUDGE HENNEKE: Go ahead, Jonathan. COMMISSIONER LETZ: The -- I guess what I'm -- what's going through my mind right now is to figure out really how much the Court wants to do before the bond election, or how much we need to do. And we had talked about selecting the firm, but the more I hear of these -- of your discussion, the more -- the more doubt I have that we can get all this done before the bond election. So I'm wondering, is there a -- a step -- and the reason we were anr.ious to get the -- at least as I recall, the team on board is to get something drawn up so we can show the public what we're looking at building. Is there a way for us to hire a -- a consulting architect like -- that works with the -- you know, the state law requirements as you understand them, and develop a basic footprint-type plan, and not go through the full design selection criteria until after the bond election? MR.. GONDECK: That is possible. I would say that that shifts some of the responsibility for the i~ is-n~ 19 1 3 4 5 6 7 h' 9 10 11 1G ,~ 13 h 14 ~ 15 16 17 18 19 GO ?1 22 ~3 "„ 24 25 design -- in lieu of having the actual design criteria package, it does shift some of that design responsibility back on the consulting or independent consulting architect. I really don't know if that's detrimental to the County, but I would say that -- that, actually, during the selection process, there is a two-phase process. In the initial one, ttre design-build firms are not required to submit anything within the qualification statements relating to specific designs; however, during the interview process, it's customary that they present their concepts to -- at least in some basic form, to the Commissioners Court, and that is part of the basis of their selection. So, that is one of the reasons for going to that point of actually selecting the design-build firm, because once you have gone through that selection process, then you're just basing it upon their concepts, and you're selecting actually from a set of, you know, three or Lour different design-build firms as to which concept you want to go forward with. JUDGE HENNEKE: It's a tight schedule, but I think we ran get there. And reflecting back on the experience that K.I.S.D. had in bond electicn, I'm very reluctant to take this Court through a bond election unless we have the team in place, because that's going to be an element of what people are going to be reflecting en. COMMISSIONER LETZ: I don't -- I don't know n-~ 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 L~ 23 Z4 7_5 ~o that I agree with that. I mean, I think that they need to know the process. I mean, I don't think the fact that they -- the school district hired Drymala had any input at all into their -- I think the way they were going to do it had an impart; I mean, using the construction manager at risk. But the -- JUD(;E HENNEKE: Well, I'm actually looking back at the one that failed, when they didn't have a site, didn't have a plan. They didn't -- COMMISSIONER LETZ: Right. JUDGE xENNEKE: All they wanted was money. COMMISSIONER LETZ: And I agree, we definitely -- I mean, we have to have some sort of a drawing, schematic at a minimum, as to what we're trying to accomplish. And we have one that, you know, primarily I've been working on, but I'm certainly no architect, and I wouldn't want to Lake mine any turther than where mine is now, wha*_ I've done already. We need to get a professional on hoard to get something that we can show the public if we have any chance of success. But the other side of it is, I don't want to spend uwney -- any more money than we absolutely have to before we have the bond election, 'cause I don't want to, you know, waste money. And the other -- and that's one issue. The other issue that -- you know, that I 21 1 3 4 5 6 7 8 9 10 11 1Z 13 14 15 16 17 18 19 20 Zl 2L 23 ~4 ~5 have, and this affects the timing a little bit. I'm uncomfortable -- and I told Mr. Gondeck that probably I would not vote for this today, because I think we need to put it out for the public to have other people submit -- you know, that may be interested in doing this type of a job for us. I };now we don't have to do that; o-/e can certainly hire him if we want, but I just feel more comfortable that we should do this more -- as open as possible. And if other people would li};e to, you know, solicit basically our -- our business, I would rather do -- make this decision as to who -- what architect the Court hires at our next meeting. That way it's clearly -- today we're putting it out to the public that we're going to hire this other architect; the law requires us to do ir. Anyone who's interested should contact us. I don't know that we need to go through a long process of, you know, sending out, you know, ads to San Ar.tcnio saying we're going to do it, but 1 do think that we're -- at least I think we have an obligation to the public to let others that may be interested submit whatever they want to, as Mr. Gondeck has done. So, those are my two thoughts, where I am today. COMMISSIONER WILLIAMS: What you're looking for, though, are some architectural renderings of elevations and what the buildings might look -- might look like? As opposed to retaining a firm such as Mr. Gondeck or anybody 1 ~~, - I J 2z 1 Y 1 3 4 5 6 7 8 9 10 11 12 13 ,q 15 15 17 18 19 2Q 21 22 23 24 25 else's that would take us -- architectural engineer that would take us through the entire process? COMMISSIONER LETZ: I think we should hire the firm that we're going to use. I think we would hire the person, whoever that consulting architect is going to be. I'm not -- I'm in favor of hiring that person at our next meeting, but I just think that, rather than go through the process necessarily of hiring the design-to-build team, that we could ask the consulting architect to develop a basic -- you know, do some work for us to get us to the bond issue. I don't -- I'm not really opposed to hiring the team before; I'm indifferent on it. I'm just more concerned on rime, to make sure that we don't rush through it and put together a team with some specifications that aren't right. And, you know, I know we have time, but I also know that it takes time for this Court and any court to act. And I see -- you know, to me, it's going to take at least a month to get a design that everyone is happy with. Based on the other agenda item, we're going to go to the City hopefully and ask for their formal participation, and I think they should have input into the process as well if they choose to participate. So, I just think -- I just see everything just kind of pushing off in the future, getting into a real bind, and I don't want us to rush, you know, through to hire 23 1 1 E r 1 2 3 4 5 E 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 L I ~2 23 24 25 a team just because we want to hire a team before the bond election. I don't know that that's a critical point. I think it's critical that we have the process we're going to use, which we've decided it's going to be a design-to-build process. I think it's important that we have a consulting architect on board, and preliminary drawings, and someone who's a professional to look at our cost estimates and make sure that we're basically on board. And I understand that's going to take some expenditure of funds we really don't have budgeted right now. We'll have to find those funds, but there's a minimum amount that we have to spend to get the -- you know, to get the information to the public so they can make an informed decision. COMMISSIONER WILLIAMS: Are you suggesting that we advertise up front now for some others to -- to come make that presentation like DRG has done? Or just word of mouth to the press, or what? COMMISSIONER LETZ: I think word of mouth to the press. 1 mean, because I don't want to delay it further. I mean, I think anyone who -- this project has received a lot of press and interest statewide. Based on some of the other -- quorum Group is one of the groups, just different people we've been in contact with. So, I uietiu, I think there's some responsibility for them to be watching what we're doing. I mean, it's pretty much an item on our ._-.,-~ 24 1 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 li 18 19 2D ~' 1 22 ~3 24 25 agenda every meeting right ncw. So -- and I don't think -- I think it would delay -- if we were to go out formally and request, we're talking about another month then. COMMISSIONER WILLIAMS: And that's why I asked. COMMISSIONER LETZ: I think that word of mouth, and hopefully the press locally will put some items in the paper, and that should be sufficient to get anyone who's interested -- you know, certainly, they have the ability to find that out and come to us at our next meeting. I would put the onus on them. I don't think we should go out really and try to solicit. I just think we ought to make it known publicly that we are going to hire a consulting architect as required by law. JUDGE HENNEKE: So, your concept of going forward to the bond issue, which is really the issue, is that we won't have a design-build team actually have been selected by then; that that will happen after the bond election actually passes, or actually after it's held? COMMISSIONER LETZ: We11, I think that we need ro hire the consulting architect and meet with them and see how long it's going to take us to get the criteria. I mean, I don't have any problem at all with going and hiring that team. I just have a question in my own mind whether we can do it in a timely manner and a proper manner. So, I zs 1 .~ ? 3 9 5 6 7 a 9 10 11 12 13 14 is 15 17 18 19 zn 21 22 23 .-. 2 9 ~s mean, my timeline would be, hire -- at our nest meeting, hire the consulting architect; we meet with that architect in a workshop or one-on-one, however we want to do it, developed ourselves and, you know, through Quorum Architects -- you know, put that on the table and say, How long is it going to take for you to come up with a -- you know, a package that we can then put out? And it's going to have to be put out, I assume, for 30 days, something like that. And if that can be done before the bond issue, I have no problem with continuing on the process. But it it doesn't, I think we would know than at that next meeting, after our -- or at our meeting subsequent to our decision to hire that consulting architect. Then we could go over the -- he could jus~ give us basic drawings. ~~OMMISSIONER WILLIAMS: Say that last sentence again? Give us a basic drawing? Who's going to give us -- COMMISSIONER LETZ: The consulting architect. If -- see, to me, if we want -- and I don't think we can get this whole thing done before the bond -- before February -- before, really, January 18th. And we have to have the drawings, really, for early voting, so that's our push date. If we cannot have a design-build team on board in enough *_ime prior to the beginning of early voting to be able to i '-- '- - 26 i ..,. 1 L 4 5 5 7 8 g 10 11 12 l3 14 15 16 17 18 1~ 20 21 2i' 23 ~4 25 get some drawings, then I would rather hire -- ask the consulting architect that we hire, ask them to do some basic drawings that iae can show the public, square footage-wise, restrooms, and knowing that these drawings may not be the exact -- it's going tc be a footprint, the amount of square footage, but the building may have gray block instead of red block. I mean -- CGMMISSIuNER WILLIP.MS: Well, let's take what you're saying and ask Mr. Gondeck if that -- if that timetable is possible. If we defer making a decision on the -- on the architect or engineer to be our representative ir. this entire process, if we delay that for two weeks -- essentially two weeks, can we then still put together the package criteria necessary to go out for RFP's and get back in time renderings of what the project might look like? MR. GUNBECK: Commissioners, if you're looking to go with the -- and I'm going to stay with the design-build firm providing the conceptual drawings. If we go that route, then the least that it would take to put together the design criteria package is, you know, two to tYiree weeks, and that's really pushing everything, getting everybody together and making sure that that is reviewed. So, we're probably looking at somewhere around the middle -- I guess the middle of November befcre that cculd be released. Minimally, you need tc have it out on the street 1 i~- i 5- L z~ 1 i ~ ,-.. 1 3 Y 5 5 7 S 9 10 11 12 13 14 15 16 17 1~ 19 ,C 21 22 23 ~4 LS for two to three weeks. That puts us in -- or past the first week of December to actually receive the Request for Qualifications. Once you have received those qualifications, it's going to take probably two weeks at 'east to narrow that down and review those and notify people to -- that you're going to want them to come back in for interviews. You need to allow them at least a couple weeks for that, and you're already into the Christmas holidays and New Year's. So, your actual proposals that you would be receiving would come in sometime arounr~, you know, the first week of January -- first cr second week of January at the - the earliest date. Now, if you're -- you're pushing that back, so the timetable is very, very tight to actually have the design-build team, you know, being selected and providing those conceptual drawings. COMMISSIONER LETZ: And, based on that, the way I look. at that is, that gives us -- we'll have a -- you know, a design-build team on board, best case, the first week of January. We've got to have something by the first week of January to show the public. We really -- I mean, you can't go out to hopefully, I mean, expect the public to II make a decision based on drawings that we give them when early voting starts; I don't. think that's reasonable. I think our goal should be to have conceptual drawings by Christmas. 1 28 t I i 3 4 5 ti 7 8 9 10 11 12 13 14 15 16 1? 18 19 _^0 2i Lc 23 24 Z5 COMMISSIONER WILLIAMS: I don't disagree. I think that's why that two-week period is critical up front. COMMISSIONER LETZ: We11, you }:now, I -- I think we're being optimistic, even as such. I mean, the two- to three-week period, I assume that everyone can agree on the criteria right away, too. I don't want to rush it. I don't want to make a mistake. I think o-ae have one shot with the public, Whereas, to me, the other approach would be to go ahead, hire the consulting architect, and then ask them -- give them basically two -- you know, come up with some kind of a way to look at our work, make sure we're -- dollar-wise, we're close, and come up with a footprint professional drawing. Doesn't have to be any more, you know, I mean, than what we've looked aT before, but have it drawn by a professional so it's to scale and, you know, the public can see what's actually there. JUDGE HENNEKE: The problem you have, though, if you have your consulting architect prepare a drawing, you've influenced the design-build process. The whole purpose of design-build is that the design-build team comes in as part of their asking for our business with a concept. Drawings, pictures. COMMISSIONEF. W]LLIAMS: Cali you not wear two hats, one temporarily? MP.. GONDECK: I've worn a lot of hats, i _ - , - 29 1 3 4 5 h 7 8 9 10 11 l 13 i4 15 16 17 18 19 20 21 ^2 G J ,q ~5 Commissioner, but it -- it does sort of -- goes against the grain of the intent of the legislation. I mean, just from reading the whole legislation and actually having an independent consulting architect that is independent of the design team. And ? don't -- there's no basis, I'm sure, as far as this even being ever tested; it's too new of legislation to say is it a good idea or is it a bad idea. Definitely, if you want us to do a conceptual drawing for the County, whether it's as the independent consulting architect or just being hired as a -- a preplanning services and master planning, we can do it either way you want to. I'm very open to that. But, again, I'm -- I am wearing two hats here today, 'cause I'm talking out of both sides cf my mouth. 1'e s, we can de it either way, but I don't know I exactly what it is that the Court wants to achieve. If you're wanting to achieve -- or stay with the design-build process, then if we do t}ie conceptual drawings, then we -- you know, beginning that role as architect, and then at that point I'd have to ask you whether you want us to be your architect and whether to go design-build instead of one of the other types of construction methods. So, you're sort of -- you're breaking our of the one delivery method and really going into something else, sc I'd have to ask the Court. If it is your intent to stay with design-build, then I think that's the s-n 30 1 2 3 4 5 h 7 8 9 10 11 12 i3 14 15 15 17 18 19 20 ~1 22 23 24 ~J direction you need to go. If not, then you need to change and go back to a more conventional way, and you need to go to a construction manager at risk or tc go, you know, sealed proposals or some other method. COMMISSIONER LETZ: Commissioner Baldwin, what do you think? COMMISSIONER BALDWIN: I have a question as -- that's a little bit different. And the question, I think, is of our County Auditor here, and it's -- you kiww, we've talked about putting together teams and we've talked about concept drawings, and all these things cost money. And this -- and we're talking about work prior to the bond election. Have we -- did we budget moneys Is there Professional Services money budgeted to pay for these things? I mean, we're talking about a lot of thinys her? this morning. MR. TOMLINSON: I don't recall what's in that -- how much money is there, but I -- I remember that conversation. We do have a sizable amount of contingency in the budget. COMMISSIONER BALDWIN: With this issue? We built the budget with this issue in mind? MR. TOMLINSON: xes, I think we did. COMMISSIONER BALDWIN: So, there's plenty of money to pay everybody even before the bond election? 1 3 4 5 6 7 ft 9 l~ 11 12 13 14 1S lh i7 lg ly ~0 ~l 22 23 ~9 25 31 COMMISSIONER LETZ: Flenty of money in the budget, but there's very tight purse strings on my side until it gets approved, in my mind. I personally want to spend, I mean, as little as possible until the bond election. COMMISSIONER WILLIAMS: I'd like to deal with that with Mr. Gondeck. Tell us about how the fee structure is broken down in terms of the levels of service and so forth. One more time. MR. GONDECK: Commissioner, just so we're on the record that we would want to be selected based on qualifications, and that actual fees cannot be discussed according to the Professional Service Procurement Act. But we can talk about how does that work in relation to your budget, and the process. Typically, the consulting architect, just like with any other type of architectural or engineering services, is that it's all based on certain phases of the work, and you only get paid for the phases of the work that you go through. As far as the preselection services that was outlined in the letter that I sent to Judge rienneke -- I believe y'all do have a copy of that -- that the preselection services are approximately 20 percent of the total, you know, tees that would be charged by the consulting architect. Or I guess, if you look at it, it's somewhere a little bi*_ more than what, under the standard ;~-1~ 1 3 4 h 7 fl y 10 11 12 13 14 15 15 17 1 kS 19 20 21 ~~ ~3 24 ?~ 32 architectural contract, would be a schematic design, because it goes a little bit farther that than. I mean, it's a little bit more percentage than actually a schematic design, but it gets us to the same point. Typically, the contracts are structured to where, if it's or. a contingent basis -- in other words, contingent upon the funding of the project -- then it is negotiated with the Court to establish some fixed amount or maximum amount to be paid prior to the bond election, and if the bond electior, passes, you go on from there. If it Tails, we all say we had a lot of fun; we go our different ways, or we go back and try again. And, unfortunately, I just can't go -- COMMISSIONER WILLIAMS: I understand. MR. GONDECK: -- right in the middle of it, because then we'd be in violation of our statute, and I don't want to do that. COMMISSIONER WILLIAMS: You answered my question. The question is, what do we do'? llo we wait two weeks or move forward? That's really what it's all about. COMMISSIONER BALDWIN: We've got to understand, though -- everybody's got to understand that we're talkinq about spending a considerable amount of money, and the -- with the possibility of the bond election going down. I mean, I know we don't want to hear that, but there _n-i - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 lg 20 21 ,~ 23 24 25 33 is that possibility. COMMISSIONER LETZ: Recognizing that, Commissioner Baldwin, is there -- I mean, do you see a way to, you }:now, provide information without spending some money? COMMISSIONER BALDWIN: I'm a no vote, anyway, so this is really, really easy for me. This is very simple. COMMISSIONER LETZ: But, I mean, my question wasn't your vote. I mean, is there another alternative of how we get drawings that you know of? COMMISSIONER BALDWIN: I don't see it. I don't see that there is another way, unless you want to just get someone out of the community to open up their checkbook and do it for you. Which is what should be happening anyway. COMMISSIONER LETZ: Well -- COMMISSIONER BALDWIN: Golly. COMMISSIONER LETZ: Golly. And if we make the decision today, I mean, there's -- so, basically, we can move the whole timetable up, but even then, best rase scenario is, if we're lucky, we have the design team picked at our second meeting in December. Which is when -- or we could rail a special meeting to do it. JrJDGE HENNEKE: I think we could have the design -- yeah, by mid-December we'd have the design-build 1 L 3 4 5 b 7 8 Q 10 11 l~ 13 14 15 16 17 18 ly 20 21 ~~ 23 24 25 34 team picked. I mean, if we select the consulting architect today, I think we can be in a position to send out the Requests for Qualifications by the 1st of November, give them the whole month of November to respond, and then have the first two weeks or so of December in order for us to make our initial choices, interview firms, and select a firm. COMMISSIONER LETZ: You're more optimistic than. I am. COMMISSIONER WILLIAMS: It's an ambitious schedule. But, again, two weeks -- two weeks could make the difference, if I'm hearing things correctly. COMMISSIONER LETZ: Right, two weeks definitely makes a difference. But I look at it as -- I mean, my preference is what I said, is to go ahead and delay two weeks in making the de~~ision. But, you know, I'm probably wiilinq to take a different route if -- because of the timing. JUDGE HENNEKE: If we want to put the decision off, we can put the decision off. But we cannot, in my opinion, engage the consulting architect to do any sort of drawings to be used in connection with the bond election, so we'd end up using somebody else to do those drawings. But we can get that on a donated basis or whatever e_se. That's speculation. -1G- - 35 1 3 4 S E 7 S 9 10 11 12 13 14 1J 16 17 18 19 20 21 22 23 24 ?~ COMMISSIONER LETZ: Right. I mean, I don't -- it would be nice if someone donated them, but I'm not anticipating someone donating them. So, I think I'm willinq to spend Professional Services to get that done; I think we're obligated to the public to do that. I don't see -- you can't ask the public to vote on something without having some drawings and some background work. And we're not qualified to do it and shouldn't be doing it ourselves. COMMISSIONER WILLIAMS: I agree. COMMISSIONER LETZ: The question in my mind is, if we -- you know, do we have the time, really, to hire the design-to-build team before the bond election? And I'm coming down on no, I just don't see that happening. I mean, I don't -- not in time to be of use. I mean, I think we can have them before the -- you know, she bond -- the early voting will be the third week of January, it starts. JUDGE HENNEKE: Starts the 17th, I think it is, of January. COMMISSIONER LETZ: And 1 think that, to do that, you -- you know, pretty much, you need to have drawings, certainly by the 1st of January, or -- of what this is going to look like, what we're going to be asking them to be voting on. JUDGE HENNEKE: But, again, remember that part of their -- their submission of their qualifications _, u 1 2 3 4 5 E 7 8 9 10 11 12 1?. 14 15 16 17 18 19 20 21 22 23 ~4 25 36 are their concept, and we -- we vote on their concept. We vote on them and we vote on their concept. MR. GONDECK: Those that are qualified in the first round would be asked to come in and make formal presentations and interviews with the Court with conceptual drawings, and that's part of the basis for selection of the design-build team. COMMISSIONER WILLIAMS: That helps. COMMISSIONER LETZ: That helps. DODGE HENNEKE: So that's, you know, by mid-December. If we choose a firm by mid-December, we've chosen the concept that they're presenting. COMMISSIONER WILLIAMS: Concept drawings at that point. I don't think, if we're going to make the timetable, we have the luxury of losing two weeks up front. And I think we need to have some guidance to get us through this process, or we may be taken to task for not doing it correctly. COMMISSIONER LETZ: Okay, y'all beat me down. COMMISSIONER WILLIAMS: Well, let's see if we can move the process along here this morning. I would -- I would move that the Court retain this architectural firm, DRG, Mr. Gondeck's Tirm, for the purpose of guiding us through -- as a consulting architect, guiding us through the first phase of design-build, which is getting ready the iu is _ I 1 2 3 9 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 ~l ~, 23 24 25 37 qualifications for Request for Proposals, which would include conceptual drawings. COMMISSIONER LETZ: Can we change the motion to authorize the Court to begin negotiations with DRG to see if we can come to an agreement? COMMISSIONER WILLIAMS: Sure. COMMISSIONER LETZ: Well, that doesn't do -- JUDGE HENNEKE: That puts us off another two weeks, then. COMMISSIONER LETZ and hire them it we can. (Laughter.) We11, but if we can -- JUDGE HENNEKE: That will be a well-worded motion. COMMISSIONER WILLIAMS: I'll withdraw mine and you state it. Let's see if we can work it out that way. Let's try it again. COMMISSIONER LETZ: I'm thinking how you word it. I don't know how you can hire someone it you have no idea what they're -- what they're going to ask. I think -- JUDGE HENNEKE: That's the next topic for consideration. And I think we can do that if -- but Mr. Gondeck says he can't talk to us about money until he's hired. COMMISSIONER LETZ: Right. i~. is ~ _ 38 1 1 2 3 9 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 29 ~5 JUDGE HENNEKE: Once he's hired, then he can stand here -- and we can always cancel it if we don't come to an agreement. MR. GONDECK: And that's how the actual statute reads. If we -- COMMISSIONER LETZ: Okay. MR. GONDECK: If I can't satisfy you on fees at that point, after I've been selected, then you terminate the negotiations and find somebody else. COMMISSIONER LETZ: Okay. Make your motion again, t3ill. (Laughter.) COMM1SSlUNER WILLIAMS: I move that the Court approve the retention of the DRG firm for the purpose of developing the specifications and the criteria for Request for Proposals for the Hill Country Youth Exhibit Center, first phase, Fhase I. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Which would include conceptual drawings in the RFP. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: Okay. You got that, Kathy? JUDGE HENNEKE: Motion by Commissioner Williams, second by Con¢uissionex LeLz, that the Court engage 39 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 15 1/ 18 I9 20 2i 22 23 24 25 the firm of DRG, Mr. Wayne Gondeck, *_o act as the consulting architect to the Commissioners Court for the initial phase of the design-build expansion/renovation of the Hill Country Youth Exhibit Center. COMMISSIONER WILLIAMS: You said that better than I did, Judge. JUDGE HENNEKE: I'm just paraphrasing. COMMISSIONER LETZ: One thing is clear. I mean, it should be clear to the public that we didn't talk about this ahead of time. COMMISSIONER WILLIAMS: That's for sure. COMMISSIONER BALDWIN: Really. JUDGE HENNEb:E: Any questions or comments? If not, all in favor, raise your right hand. (Commissioners Williams and Letz voted in favor of the motion.) DODGE HENNEKE: Opposed, same sign. (Commissioner Baldwin voted aq_ainst the motion.) JUDGE HENNEKE: Motion carries. COMMISSIONER BALDWIN: I'd like to explain my no vote, if I could, please. Once again, when this process was started, 1 agreed to vote -- I agreed with the Commissioners that we would allow the people to have a voice in the process and the election; the people would be able to i~ i 2 3 4 5 6 7 8 y 10 11 1Z 13 14 15 16 17 18 19 20 2'_ 22 ~3 29 ~J 40 go vote, and I agreed to that and voted with that. But, in my opinion, my vote today or this day forward would be -- be contrary to -- to that. So, I just feel like that we're moving too far into the program now. It's just my opinion. And so my vote is -- that's all. JUDGE HENNEKE: All right, thank you. Now, Mr. Gondeck -- COMMISSIONER BALDWIN: How much? JUDGE HENNEKE: Understanding that we prefer that the majority of your fees be rolled into the bond issue, can you give us some notion of what it would cost for you to assist the Court in preparing a Request for Qualifications and evaluating the responses? MR. GONDECK: Judge, I'd say yes, I do that. Yes, I do have the dollar amount that I have in mind. 1 do always feel a little strange talking about my fees in open court, but -- especially when there's a stenographer, so I'll try not to misstate this. We would -- for the Phase 1, which would be the Request for Qualifications and Request for Proposals phase, and what we have actually defined as that preselection phase, or up-to-selection point, we would be looking at a fee of around $20,000. Now, what we would offer to the County is to defer 50 percent of that, contingent upon whether or not the bond election passes. If the bond election passes, LYieii we would ask for that to be 41 1 3 4 5 5 7 8 9 10 11 12 13 14 15 lF 17 18 19 20 ~l 22 23 ,~, 25 paid in full. If it doesn't, then we have just deferred that and let it go, so we'd be looking at $10,000 between now and February 1, or whenever the bond election is. COMMISSIONER LETZ: To me, that seems reasonable. But, I mean, how do we -- I mean, we're no -- we can't negotiate this thing right now. Nice idea to know that, but, I mean, I think -- I mean, I guess the Court needs tc decide how we're going to -- COMMISSIONER WILLIAMS: How we're going to do that. COMMISSIONER LETZ: How we're going to negotiate the contract, or who's goinq to negotiate the contract and what needs to be in there and things of that nature. JUDGE HENNEKE: Again, if we're going to try to get the design-build team in place, he needs to start work on Request for Qualifications this afternoon. MR. GONDECK: Can I just ask a question? Is there a way that the Court could authorize us, on a contingent basis, while we negotiate the contract -- of course, that's -- DODGE HENNEKE: Sure. MR. GONDECK: My neck's out on the line pretty good, but. with the understanding, you know, that we've expressed at least some general terms, and from there, 1 4 5 6 7 ft 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ i 24 25 4~ we can go through the contract with the County's attorney or whoever you want us to work that with, to work initially with the Judge in presenting an agreement, JUDGE HENNEKE: In other words, what you're proposing is two phases here where you all will go ahead and start work on the Request for Qualifications at the same time that we negotiate the pre -- the Phase I contract? MR. GONDECK: Yes, sir. DODGE HENNEKE: Can we get a motion to that effect? COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court authorize negotiation with DRG for the amount of their services prior to bond election at the same time that DRG works on the Request Tor Qualifications Tor design-build team. Any other questions cr ccmments? If not, all in favor, raise your right hand. (Commissioners Williams and Letz voted in favor of the motion.) JUDGE HENNEKE: Opposed, same sign. (Commissioner Baldwin voted against the motion.) JUDGE HENNEKE: Motion carries. 3 4 S 6 7 P. 9 10 11 12 13 14 IS 16 17 18 19 20 21 ~~ 23 29 25 93 (Discussion off the record.) DODGE HENNEKE: Do you want to be the one to work with him on the contract? Or -- COMMISSIONER LETZ: Sure, be glad to. JUDGE HENNEKE: I'm not -- COMMISSIONER LETZ: I'm serious. I -- JUDGE HENNEKE: Ycu need to get with the engineer and -- COMMISSIONER BALDWIN: You and the County Attorney? COMMISSIONER. LETZ: I won't be there alone, I can assure you. Yes. DODGE HENNEKE: Okay. All right. Anything else we need to talk with Mr. Gondeck about? COMMISSIONER WILLIAMS: Good start. COMMISSIONER LETZ: How long are you going to be here today? MR. GONDEGK: As long as you need me to be here today, Commissioner. I can qo to San Antonio and come back later, but -- JUDGE HENNEKE: We'll take a break probably in about 30 minutes; you two meet then and decide what your schedule will be. ukay. Thank you, Wayne. MR. GONDECK: Judge, Commissioners, I appreciate it. Thank you. '- -I r'- - 1 2 1 4 5 7 8 9 10 it l~ 13 14 15 15 17 18 ly ~0 Zl Z3 24 25 94 COMMISSIONER WILLIAMS: Thank you. JUDGE HENNEKE: Okay. We can take care of one or two before our public hearing at 10 o'clock. Let's do Item Number ~', consider and approve advertising for bid on the lease of new motor grader with scarifier. Leonard, are you going to talk about that one briefly? MR. ODOM: Yes, sir. COMMISSIONER WILLIAMS: The operative word was "briefly." MR. ODOM: Sir? COMMISSIONER WILLIAMS was "briefly." The operative word MR. ODOM: Very gracious. I believe that you have the packet there. For the past six or seven years, we've had a very successful lease program for our motor graders, as well as loaders. The lease on one of our motor graders will expire the end of December. At this time, we ask that you allow us to go out for bid for the lease of a new I2-H motor grader. When the process is complete, we'll bring the bids back to the Court for acceptance and ask for authorization for the Judge to sign the same. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Second. JUUGE HENNEKE: Motion by Commissioner 1 2 3 4 6 7 8 y 10 11 12 13 14 15 15 17 18 19 20 ~~ 23 24 2J 45 Baldwin, second by Commissioner Letz, that the Court approve advertising for bid on the lease of the new motor grader with scarifier, with the bids to be received at the Kerr County Clerk's Office not later than 5 o'clock p.m. on Friday, November 8, Year 2002, and the bids to be opened on Tuesday, November 12, Year 202 at 10 o'clock a.m. Any questions cr 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. MR. ODOM: Judge, may I take just a second to address the Court? Something came up Thursday with a maintainer -- and this is not something that you have to make a decision on, but for information for me and for the Court. Thursday, one of the crews -- I have two crews in the west end; one of them in the 1340/39 area, the maintainer went out. I say -- not maintainer; 1 mean loader. The old Dresser is 15 years old; will not go in reverse. It will go forward, but it won't go in reverse. And so we've -- we're trying -- between Thursday and today, we've get a quote of $12,500. We're bringing it in this afternoon -- or this morning to take a look at the shop. That's a loL of money just for a transmission. And we -1'- - 46 haven't broke it down. The old Dressers, you have to take the entire engine ouY_, you have to take the transmission out, and it has to go to Washaw-Pierce. At this point, I don't have a decision. I want to look at it, investigate a little bit. But would the Court be receptive at this point, instead of spending that kind of money and not guaranteeing tYie engine wouldn't go out, to look at the possibility of a lease program like we did for the last 9~4, I think, recently? We just had one to go back out for that. Instead of spending r_hat money. That's a year's rental for one maintainer, and I could get five years. I mean, it's just something I could work into next year's budget. But I don't };now if it's worth $1D,SUU, and nc guarantee a 1`,-year-old loader's going to stay together. JUDGE HENNEKE: I think it's something we can look at. Obviously, we can't make a commitment today on this; it's not ou the agenda, but you need to bring us the numbers and the pros and cons on both sides. MR. ODOM: Kight. JUDGE HENNEKE: As you always do. So, take 1 3 4 J 6 7 8 9 10 11 l~ I3 19 IG le 1 i~ 1! ~~ 2 2 2 look at it. MR. ODOM: The Court would be receptive; 3 that's what I waned to know. 'Thank, you. ~ JUDGE HENNEKE: Thank you. It is 10 o'clock 5 in the morning on Tuesday, Oc tober 15th. At this time, we ~ ~--~_ 47 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ?~ ~3 ~4 25 will recess this regular session of the Kerr County Commissioners Court and hold a public hearing for the revision of plat of Y.O. Ranchlands, Lots 17, 18, and 19. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE HENNEKE: Is t=here any member of the public who would like to address the Court on the issue of the revision of plat of the Y.O. Ranchlands, Lots 17, 18, and 19? Once amain, this is a public hearing on the issue of revision of plat for Lots 17, 15, and 19 of Y.O. Ranchlands. Is there any member of the public that would like to address the Court during this public hearing on that topic? (No response.) JUDGE HENNEKE: One more time, the Court is now iii a public hearing nn the issue of revision of plat of Lots 17, 18, and 19 of Y.O. Ranchlands Subdivision in Kerr County, Texas. 1s there any member of the public would who would like to address the Court on the issue of this revision oL plat? Seeing none, hearing none, we will adjourn the public hearing and return to the regular 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.) 48 1 3 9 6 8 9 10 11 12 13 19 15 1G 17 18 19 ~0 21 22 ~? ~q ~S JrJDGE HENNEFrE: Let's take up Item Number 6, which is to consider approving the final revision of plat of Y.O. R.anchlands, Lots 17, 18, 19. Franklin Johnston. Good morning, Franklin. MN. JOHNSTON: Good morning. The -- you have the preliminary plat, I believe. The one item that they were building is Goodnight Trail, an access road to these lots. That road has been completed. I went up last week, made an inspection. 't'hey had it tested. It meets all the requirements, so that road is complete. There's one item, just kind of a loose end 1 triought I'd bring it up while we're here on this. Ori the preliminary plat, there wasn't any floodplain shown. Then on the final plat, there is a floodplain. Stuart approved the preliminary, and I guess h«_~s approved the final also. He signed it. I guess you had enough information to -- MP.. SARRON: The final is correct. The first preliminary was incorrect; it did not show the 100-year floodplain. I returned it to Mr. Domingues, and he then delineated the 100-year floodplain on the second preliminary that was sent to me. MR.. JOHNSTUN: Okay. But that wasn't the one we had ir, court. That was apparently -- that wasn't the same one we had -- it was? It wasn't the one we had filed. MR. DOMINGUES: Yes, sir. ll 1~'- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 i' 1 2~ 23 ~q ,~ 99 MR.. JOHNSTON: There's another one floating around, okay. It wasn't the one we had on file. OY,ay. Based on that, I'd recommend approval of the plat. COMMISSIONER WILLIAMS: I'd move for approval of l.he preliminary revision of pla: for Tracts 17, 18, 19 -- MR. JOHNSTON: This is actually the final. COMMISSIONER WILLIAMS: This is final? MR. JOHNSTON: Yes. COMMISSIONER WILLIAMS: Plat approval -- move plat approval for Lots 17, 18, 19 of the Y.O. Ranchiands, as proposed and recommended by the County Engineer. COMMISSIONER. BALDWIN: I'd like to second. I have a question before 1 do. JUDGE HENNEKE: We need the second before the question. COMMISSIONEP. BALDWIN: I'm not going to do it, the r.. I want to ask my question. JUDGE HENNEKE: Do we have a second? COMMISSTONER BALDWIN: Has anyone heard from Mr. Griffin? Did. he relate to anyone his feelings or his thoughts? JUDGE HENNEKE: I don't -- Larry -- I talked to him, and he did not tell me he had any reservations about this. CONSMISSiONER BALDWIN: Second. 1 ~'-1 ~- 1 2 3 9 5 6 8 9 10 11 l~ I3 19 15 16 17 1 li 19 20 21 22 23 29 25 50 JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve Lhe final revision of plat of Y.O. Ranchlands, Lots 17, 18, and 19, as presented. CGMMtSS1UNER LETZ: I hate a question. DODGE HENNEKE: Question: Go ahead. COMM[SSIONEH LETZ: Franklin, this is not the one that we had all the confusion about right-of-way? This is a different -- I mean, we -- MR. JOHNSTON: That is correct. That -- what we had hefcre was Lhe one that's north of this one. CGMMISSIONER LETZ: The question on that cne -- that one's nvt in the subdivision, as I recall. MR. JOHNSTON: That's not in the subdivision. S think that was called Dominion Nanch, or -- that's a separate item. 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. We'll go hack to -- MR. JOHNSTON: Apparently the mylar is not in r-nurt. I think they delivered it to our office. I didn't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 L 1 22 23 24 2~ 51 pick it up, so I'll bring it back later today. JUDGE HENNEKE: Let's go back to Item Number 3, gentlemen, consider clarification to Letter of Credit form letter, Appendix D of Kerr County Subdivision Rules. Number 3. MR. JOHNSTON: In our form letter in the appendix of the Subdivision Rules, it refers to -- after Letter of Credit number, maintenance of roads, streets, and alleyways. And frequently the -- you know, there's two kinds of letters of credit. One's for road maintenance for County-maintained road. One's for construction that's not complete at the time of the final plat. That's the majority of the ones we've been getting. When we get the letter of credit, invariably they go by our form that it has maintenance on there; we have to send it back and get it corrected every time. So, I think there probably should be some kind of a selection up there that they can select one or the other and do it right the first time. COMMISSIONER BALDWIN: I agree. COMMISSIONER WILLIAMS: I have a question. JUDGE HENNEKE: Go ahead. COMMISSIONER BALDWIN: You can't ask one till you get a second, though. (Laughter.) JUDGE HENNEKE: That's unly if a motion has 1u-15- 52 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 been made. COMMISSIONER BALDWIN: I see, okay. COMMISSIONER WILLIAMS: I see a -- I see a couple potential typographical errors. One I'm certain is a typographical, one I'm not so certain about. Third paragraph, "This is not a n-o-t-i-a-t-i-o-n..." Is that supposed to just be notation, or is that some special credit term that I don't know about? MR. JOHNSTON: What page are you looking at? Just the Letter of Credit form? COMMISSIONER WILLIAMS: Appendix D, Letter of Credit. MR. JOHNSTON: Okay. COMMISSIONER WILLIAMS: Third paragraph and fourth paragraph. I know that's a typographical error. JODGE HENNEKE: That should be "notation." MR. JOHNSTON: That's probably spelling. COMMISSIONER WILLIAMS: "Notation" is the word. MR. JOHNSTON: "Notation." COMMISSIONER WILLIAMS: Then "modified" is also -- in the next paragraph. Okay. That's all I want to know. JUDGE HENNEKE: Jonathan, could we amend that form without having to -- ~0 i5-0_ 53 1 1 2 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I think so. This is really not changing anything, just clarifying the language. I don't think we need a public hearing or anything; I think we can just do it. And it needs to be, you know -- JUDGE HENNEKE: Needs to be done. COMMISSIONER LETZ: It needs to be done. So, I make a motion MR. JOHNSTON: There may be a better format than that. I just put both of them in there. They can select one or have a blank there and type it in or whatever. COMMISSIONER LETZ: Is there a situation where you have a construction and maintenance letter of credit? MR. JOHNSTON: I don't think so. I think if the road's not complete at the time of the final plat, they would have to have a letter for construction. Then I think, at that time, whenever the road was complete, accepted, i think the letter -- the maintenance will actually start at time of road completion, so it probably needs to come back and get a separate one for that for a year. COMMISSIONER LETZ: Okay. I move we approve the revised Appendix D as presented. COMMISSIONER k3ALUWIN: Second. DODGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve the in-1t 54 1 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 revised Appendix L, as presented, to the Kerr County Subdivision Rules and Regulations. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: Franklin, would you make sure that Truby gets copies of that to everyone on the Court and everyone else that needs to be distributed, County Clerk and others who have copies of it? MR. JOHNSTON: I think we have a list of all the people. We'11 see that they get that. (Discussion off the record.) JUDGE HENNEKE: Let's go to Item Number 4, consider canceling and vacating Kerrville's Pleasure Cliff Subdivision, recorded in Volume 1, Page 11, consider public notice, and set public hearing date for the same. Again, Franklin. MR. JOHNSTON: We have a sample, I think, of the notice that we had published in the paper. This subdivision, I think, is owned by three people, all the lots, and they've all signed a notarized statement that they wanted to vacate. Copies are in your packet. COMMISSIONER WILLIAMS: Would you like to 55 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 satisfy my ignoranr_e as to where this is located, this subdivision? MR. JOHNSTON: We11, let me see. COMMISSIONER WILLIAMS: Do you know? MR. JOHNSTON: You're putting me on the spot here, Commissioner. JUDGE HENNEKE: Precinct 9. COMMISSIONER BALDWIN: That's Pleasure Hill. MR. JOHNSTON: This really doesn't have -- COMMISSIONER LETZ: Sleepy Hollow Avenue, that's the road that goes into the subdivision. MR. JOHNSTON: Doesn't have a location map. I'd have to look it up. The roads don't sound familiar. COMMISSIONER WILLIAMS: Anybody here representing the owners that can tell us where it's located? (No response.) MR. JOHNS'I'UN: I guess not. COMMISSIONER WILLIAMS: Are you sure it's in Kerr County? MR. JOHNSTON: That I'm pretty sure of, yes, sir. COMMISSIONER WILLIAMS: Okay. MR. JOHNSTUN: Would you like me to briny iL back with more information? CUMMISSIONER WILLIAMS: I tried. L i - 1 56 1 2 3 4 6 7 8 9 1~ 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: We need a public hearing, though. I move we set the public hearing -- correct? I move we set the public hearing for the -- to consider canceling and vacating Kerrville's Pleasure Cliff Subdivision for -- JUDGE HENNEKE: 25th. MR. JOHNSTON: 25th of November? COMMISSIONER LETZ: -- November 25, 2002. JUDGE HENNEKE: Do I have a second? COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court set a public heaxinq on canceling and vacating Kerrville's Pleasure Cliff Subdivision, as recorded in Volume 1, Page 11, and set the public ]searing date for November 25th, Year 2002, at 10 o'clock a.m. in the Kerr County Commissioners Court. MS. SUV1L: It has to be -- that's our night meeting. JUDt,E HENNEKE: That's right. So it would be at -- COMM1SS1ONER WILLIAMS: 6:30? JUDGE HENNEKE: No, set it at 7:30. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) ~_ .s-=_ 57 1 2 3 4 5 6 7 8 9 10 11 1 L 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, Franklin. Item -- want to take a break? COMMISSIONER LETZ: Can we get the next one done? That way Road and Bridge can get done. JUDGE HENNEKE: We can do Item Number 7, update on the damage from the July floods, repair schedule, and FEMA assistance. Commissioner Letz? COMMISSIONER LETZ: I just put this on the agenda just to receive an update as to where we were on receiving any financial assistance from FEMA related to the July floods, and also an idea as tc where Road and Bridge was on repairs related frcm that flood. That's it. Leonard? MR. ODOM: As you see before you, there's 37 sites. PaLt of those are Category A and B. So, we originally had put in about 70 sites that was damaged. Part of that was delineated down to less than $1,000, they did not pay us for. So, these are the 30 -- 35 or 37 sites all together that were approved by FEMA. The total amount of Road and Bridge was $315,092.28. Federal share was $236,349.21, and then the 25 percent is $78,773.07. So, what we have is about a quarter of a million dollars worth of damage that we've received funds for. The Judge signed _~i ._ -- 1 2 3 4 5 5 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 ~; 23 24 25 58 oft on thar_ paperwork, and we've submitted that in. At this time, I believe, off the top of my head, I would say of these 35, we have about 70 -- 73 percent of those items r_omplete. But in that, of course, those are the -- we have some bigger items that are not. You'll see they're color-coded. Those that are yellow are completed since we talked to FEMA. The blue are -- still needs to be completed, anc~ there's a percentage thereof. And then, of course, what we did not have on there was -- this is FEMA. NRCS had seven sites. I didn't yive you that, because it's somewhat ambiguous because of -- they put down the sites and they did not put all the dollar fiyuxes down. Hermann Sons, I had no data on the bridge. Part of the sites along River Road were not completed. Some of them had to do with drainage, gaging baskets, things like that. They did not give me any numbers, so I'm sort of in limb, but that total that they had a figure was 547,825. I sort of fiqure that that might increase 50 to -- 50 percent more, maybe $75,000 total with the gagings, and all that's going to be expensive, so I'm not quite sure. Hermann Sons, there will be some money on Hermann Sons Bridge, but that project's not to replace the -- the bridge, Commissioner. Neither did FEMA. I think FEMA gave me about $2,200 for the approaches. Tim Bushka is working on that, out of Temple. At the time that I went with the ~~-_7- _ 1 3 4 5 6 7 8 a 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 ~5 59 representatives Yrom NR.CS, Tim wasn't there and they couldn't give any data on it, but they were talking about demolition of the oLd structure and trying to pull those structures out, the rail cars. And we had -- we thought we could pull them out. We can't. I had two winch trucks down there; we couldn't budge them. I called Joe Franklin back. I just told him that we could not participate in that; that the hammer that we thought we could break up that concrete, the -- Hull says do not put it in water. It will blow the seals and possibly -- could make the head explode. So, we just said we do not have the equipment to do that. So, I don't know where that would be. COMMISSIONER LETZ: So, do you have any idea when -- what Tim is going to do, when he's going to -- how much - MR. ODOM: I'm not quite sure. I asked Joe to get bac}; with me, and Joe was on vacation last week. We did put in a call back to Tim, but, you know, he's so -- he's never in Temple. COMMISSIONER LETZ: Right. MR. ODOM: And I'm not quite sure -- at the time, the question I had was what about it, and they said Tim is handling it. Ste, that's all I know at this point till I get a reply. It does not look like we will participate -- I mean gel. much participation like we did 60 1 2 3 4 J 5 7 8 rj 10 11 12 I3 14 I5 16 17 18 19 20 21 22 23 24 25 last year. COMMISSIONER LETZ: But, I mean, do you think they'll probably at least get the cars out of the river? Railroad cars? MR. ODOM: Well, the railroad cars, I think that's possible. But, see, there's no -- I need to get with Tim; I nave to rebuild that pad out there to even put a crane out there. COMMISSIONER LETZ: Right. I mean, I'm thinking more first step before anything gets done. I mean, no matter what happens with the bridge, the railroad cars need to come out of the river, in my opinion, if possible. MR. ODUM: Oh, I don't disagree. I thought we could winch them out, but we discovered too much debris, and one's layii,y on top of another one, and I just couldn't move it. COMMISSIONER BALDWIN: I was on the phone last week with the mayor of Karnes City, Texas, and his first question was about those railroad cars in your precinct. I wasn't about to try to answer. COMMISSIONEK LETZ: They're famous. COMMISSIONER BALDWIN: Well-known, here and far. COMMISSIONER LETZ: Okay, good. JUDGE HENNEKE: 'Pommy, have we actually 51 1 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 1~ ~0 21 22 23 24 25 received any money from FEMA? MR. TOMLINSON: I'm not sure. I don't think we have. MR. ODOM: I don't believe we have. They told me by the time you -- when you receive that paperwork, it was about two to three weeks, they said, and then after we sent that in and that paperwork was processed, it would be another two or three weeks, we should get our money. Because it's not a large -- we're not over $52,000 on each incident, so we feel that that 236 would be coming pretty scon, within another week or sc, I would -- maybe toward the end of the week or next week, we may receive something. COMM1SSlONER WILLIAMS: Leonard, have we satisfied or will we have satisfied our 25 percent share with ii,-kind services, or do we have money to pay out? MR. ODOM: At this point, I think I've -- out of the X36, to answer your question, I don't have a firm answer for you. I believe that the 25 percent would cover my expenses. Again, remember, NRCS is there, and I don't have a firm number on that yet. It's a lot of concrete, and that 25 percen*_ gets hit pretty -- when I can't do a lot of this. So, I feel that I'm going to be close to a quarter of a million. I remember originally I asked for 125 up to a quarter of a million, so we might be close to that "15 percent. But, we're going to try to do it for that. I u - ~ - 62 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 ?0 ~l Gc 23 24 ?5 still have same major projects to complete. COMMISSIONER LETZ: Do you think -- are you, I guess, content with FEMA's amount they approved for each item? I mean, basically, they're going -- MR. ODOM: They were basically fair. You know, it's a judgment call. The individual I had is -- was somewhat harder than -- than the gentleman 10 years ago; his pencil didn't move as much. And, so, you know, across-the-board, I think it was -- he was fair to us. COMMISSIONER LETZ: My fina] question, do we recoup anything, like on Hermann Sons Road, where -- back by Mr. Daughtry's property? MR. ODOM: Yes. COMMISSIONER LETZ: Where the road washed out three times during the flood? MR. ODOM: Right. COMMISSIONER LETZ: Do we get any -- do we recoup any of that money of our work during that period? Is that included in here? MR. ODOM: That was all part of it. You'll see Hermann Sens twice. It says Hermann Sons Road, and then it_ says Hermann Sons Bridge. So, Hermann Sons Bridge is a separate incident. The Hermann Sons is part of that roadway going up to the old structure, and then the back end of that. So, we did get money there for that structure, and -~s- ~z 53 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~2 23 24 25 that will probably be the last one that we try to pull -- pull down. It's still functional. I just went over it Friday, and that's going to take two 75-inchers and concrete rip raps, so that's an expensive incident. We'll look at that at the last -- we'll try and knock out the dirt work and finish everything else up six months from the time the Judge signed that paper, which was what, September the 23rd? DODGE HENIQEKE: 25th, I think it was. MR. ODOM: Something like that. It's the latter part of September; we have six months. COMMISSIONER. WILLIAMS: Leonard, L do have one question on Elm Pass Road. I noticed on your list here that you're at the 90 percentile in terms of work, and it notes sealcoating, but some of the folks who live on that road have indicated to me that there's still some major drainage problems just past Starlite -- entrance to Starlite, in between that and Pecar. Valley, where there was at one time a -- a culvert that -- that we removed, but in removing it, we've ~=reated some other problems in this most recent rains, 3, 4 inches of rain. They indicated there's Brill some problems in that area. Are you familiar with that? MR. UUUM: No, sir, I'm not. COMMISSIONER WILLIAMS: Maybe you and I should take a run out there. h~ 1 2 3 4 5 6 7 5 9 10 11 12 13 19 1 J 16 17 18 1`J 20 21 ~2 23 24 ~ ~, MR. ODOM: I'm not quite sure -- I thought most of that was taken care of. COMMISSIONER WILLIAMS: Well, so did I, but this was brought to my attention about a week ago. MR. ODUM: Mm-hmm. COMMISSIONER WILLIAMS: Waiting for this opportunity to talk to you about it. So, we'll get together and take a run out there? MH. ODOM: We'll get together and -- see, I still have dirt work to do there, and I have some drainage there. Douglas and I ore re talking about it, but we're on Turner right now. So, that will be through this week and a little bit of next week, and then we want ro run -- either go -- make a decision. Elm Pass will take about a week for differeiiL little things we need to do, then go into Elm Pass II. COMMISSIONER WILLIAMS: Maybe tomorrow we r_an take a run out there, take a look. MR. ODOM: That will be fine. COMMISSIONER WILLIAMS: Just see what they're talking about. MR. ODOM: I'm sorry, I'm not quite sure what you're talking about. JUDGE HENNEKE: Anything else for Leonard? COMMISSIONER LETZ: Thank you, Leonard. ~ n i s r~ 65 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 MF,. ODOM: Does that answer your questions? DODGE HENNEKE: I want to again thank Leonard and his crew Yor not only the work they did during the flood, but for the work they've done with FEMA. The people I met with at FEMA on September 25~h were very complimentary of the documentation and the evaluations and the assistance they'd gotten from Truby, as well as Leonard and everyone else, and we're well-served. Thank you very much. MR. ODOM: Thank you. I did not address Glenn Holekamp's, so Glenn might give you an update on that a little bit. JUDGE HENNEKE: Glenn, do you have anything to add real quickly? MR. HOLEKAMP: Just briefly, on the three items that were FEMA-covered on ours, the walk bridge at Flat Rock Park, we've been -- we will receive approximately $?,000 for that to rebuild it. The County Extension Office -- and on that one, I need to probably contact a contractor to loo Y. at the procedure -- to proceed on repair bid or the replacement. COMMISSIONER LETZ: On the bridge? MR. HOLEKAMP: Yes, sir, the walk bridge. COMMISSIONER LETZ: You might look at changing the design slightly, too, when you're dcing that. MR. HOLEKAMP: Yes, sir. And I will get with 66 1 2 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 L 1 ~~ ?3 24 L S you on that. The other one, which we started this morning, was the damages that FEMA is covering at the County Extension Office on the replacement of the floor the in that particular building. They started on that this morning, so with any kind of luck, we'll finish up the repairs on it possibly *_he end of this week. JUDGE HENNEKE: Any questions for Glenn? Okay. Thanks, Glenn. We're going to take a break now. Let's return promptly at 20 minutes to 11:00; we'll take up the County Treasurer's items since she has a conflict later this morning. (Recess from 10:25 a.m, to 10:40 a.m.) JUDGE HENNEKE: All right. Let's reconvene this regular session of the Kerr County Commissioners Court. The next item we will take up is Item Number 12, consider and discuss adopting order amending the annual determined contribution rate plan for January 2003 through December 2003. County Treasurer, Barbara Nemec. MS. NEMEC: Thank you, Judge, for moving me up on the agenda. This was discussed during our budget workshop, and the rate was funded during that time, the new rate, which is 7.92. So, this is just the formal paperwork that needs to be signed to go with that. Actually, the -- it was 7.92, but the Court did decide during the budget -ie-~_ 67 1 2 9 S 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 L J workshop to go ahead and adopt the buy-back program, which brings it up to 7.95. And that is in the budget. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court adopt an order amending the annual determined contribution rate plan for the term January 2003 through December 2003. 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. MS. NEMEC: Thank you. JUDGE HENNEKE: Thank you, Barbara. Let's go back to Item Number 8, consider and discuss interlocal participation agreement with Texas Local Government Purchasing Cooperative. Tommy? MR. TOMLINSON: This purchasing arrangement is similar to the Houston/Galveston Area Council of Go*.~ernments. In the past, Road and Bridge and the Sheriff's OLfice have purchased vehicles and heavy equipment through H.G.A.C. through state purchasing. This -- this is the same arranyement. However, when we purchase heavy equipment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 7z 23 24 25 68 through H.G.A.C., there's a -- a fee associated with the purchase. It will range from $1,000 to $2,000 or $3,000, depending on the amount of the purchase. We can pay an annual fee of $200 per year to join this -- this purchasing cooperative, and -- and which enables us to purchase some, you know, lighter vehicles and equipment through this agency without payinq the fee. We currently, in the budget, have a -- Road and Bridge has a tractor that's -- that we have budgeted that we can purchase through this cooperative, and only pay the $200 annual fee. So, just in one purchase, we can save a minimum of $800. COMMISSIONER WILLIAMS: You can purchase -- we can purchase through this cooperative anything that we could have gotten through Houston/Galveston? MR. TOMLINSON: They don't offer all the equipment that you can purchase through H.G.A.C. There -- there's some limitations as to what they have to offer for sale, but it -- this allows us to -- to pick and choose between agencies that -- that offer different pieces of equipment. COMMISSIONER WILLIAMS: I see. COMMISSIONER BALDWIN: I move we approve the interlocal agreement between Kerr County and the Texas Local Government Purchasing Cooperative. COMMISSIONER WILLIAMS: Second. 1 ^, - 1 5 1, _ 69 2 3 4 5 7 8 y 10 11 12 13 14 15 16 17 18 19 20 21 ;~ 23 24 2J JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve the Interlocal Farticipation Agreement with Texas Local Government Purchasing Cooperative, and authorize County Judqe to sign same. 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. Thanks, Tommy. Item Number 9, consider and discuss approval of the polling locations for the February 1 bond election in accordance with Chapter 93 of the Texas Election Code. Jannett? M5. YlEYER: Gentlemen, this is for the bond election in February. If you'll remember, I had e-mailed each one of you and asked to you pick a location in your precinct, since the census was to consolidate into four different locations, and attached is the list that each one has selected. And -- COMMISSIONER WILLIAMS: ~iuestion. I know what it's for, but the agenda request doesn't stipulate which election and when. Should it? MS. PIEPER: I know it just says in accordance with Chapter 43, but this will be for the bond i,-r~-,_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 1/ 18 19 20 ~l 22 23 24 25 ~o election, 'cause that's the only election we have coming up that we have not taken care of polling lo~~ations yet. COMMISSIONER WILLIAMS: Judge? JrJDGE HENNEKE: Hmm? COMMISSIONER WILLIAMS: Are we okay with that? JUDGE HENNEKE: I think we're okay with that. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve the polling locations for the February 1st bond election as presented by the County Clerk. Any questions or comments? COMMISSIONER LETZ: Only comment I have is, does -- I guess for the Commissioner -- or for Precinct 3, we need to be on that side, because this building, I believe, is Precinct 1. The annex is Precinct 3. MS. PIE PER: Okay. If we hold it in the lower level, that will meet the specification. COMMISSIONER LETZ: Right. But it's -- I mean, 1'd hate to have it two feet off the -- out of the precinct. The annex is -- if you're in the new structure across the way or down below that open area, it should work. i __ _ ~1 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MS. PIEPER: Okay. JUDGE HENNEKE: Okay. Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 10, consider and discuss approval of a list of various contracts and ratify the authorization of the County Judge's signature. Again, Jannett. MR. MOTLEY: Judge, may I comment just briefly on that? JUDGE HENNEKE: Jannett? MR. MOTLEY: I was wondering if we could move 2.24 up to that; it's the same thing, since different people are here for that. It's the same type of contract, just add it toward the end. JUDGE HENNEKE: Well, we can take that up separately. This is ratification of a signature. MR.. MOTLEY: Okay. MS. PIEPER: Gentlemen, I've attached a list of the contracts that have came in that we need to approve and ratify the signatures on. The forms have already been approved, from what I understand. COMMISSIONER LETZ: So moved. i~~-i--o ~~ 1 2 3 4 G 5 7 8 9 10 11 l~ 13 14 15 16 17 18 19 ~0 21 21' ~'3 24 ~S COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve and ratify the -- the approval of the various listed contracts, and ratify the signature of the County Judge on same. 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. MS. PIEPER: Thank you. JUDGE HENNEKE: Let's go ahead and take up Item 24, as long as we're doing contracts, which is the -- consider and discuss approval of contract between Kerr County and Hi11 Country Alternative Dispute Resolution Center, and authorize County Judge to sign same. Ms. Bailey, do you have anything to say on this? MS. BAILEY: No, Your Honor. I've spoken to -- I've spoken to Mr. Motley about it. He presented this as a formal contract, and I believe tnat we changed all the details that relate specifically to the mediation renter. I'm available for any questions, as I'm sure Mr. Motley is, if have you any questions about the contract. JUDGE HENNEKE: Uoes anyone have any 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 lu 20 ~l 22 23 2q 25 questions of Ms. Bailey or Mr. Motley about this contract? COMMISSIONER BALDWIN: I do not. COMMISSIONER WILLIAMS: Move approval of the contract. COMMISSIONER LETZ: Second. COMMISSIONER WILLIAMS: And authorize County Judge to sign same. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the Court approve the contract between Kerr County and the Kerr County -- Hill Country Alternative Dispute Resolution Center, and authorize County Judge to sign same. All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUUGE HENNEKE: Motion carries. MS. BAILEY: Thank you. JUllGE HENNEKE: Thank you, Ilse. Item Number 11, consider and approve the tax collection contract between Upper Guadalupe River Authority and Kerr County. Paula? MS. RECTOR: Okay. This all came about from a phone call from U.G.R.A.; they could not locate their copy of the contract. These contracts are automatically renewed unless one party or the other chooses not to. There was 1n-15-nom 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 29 25 just two changes made in the contract, to include the section of the code that referred to the County Tax Assessor/Collector being able to collect their taxes, and also changing the amount of daily deposits. Those were the only two changes. So, I did rewrite the contract for them. JUDGE HENNEKE: Any questions of Ms. Rector? COMMISSIONER WILLIAMS: Move approval of the contract, authorize County Judge to sign same. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve the tax collection contract between Kerr County and the Upper Guadalupe River Authority, and authorize the County Judge to sign the same. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 13, consider and discuss reclassification of the Jail Administrator position from 21/1 to a 21/d. Sheriff? COMMISSIONER BALDWIN: Judge, before he starts, I noticed on here, estimated length of presentation is two minutes. JUDGE HENNEKE: Start the clock. i'-1s- - 75 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Can we regulate this? SHERIFF HIERHOLZER: Do you want my watch? COMMISSIONER BALDWIN: I've got one that works here. SHERIFF HIERHOLZER: I had mentioned last time about since I had a loss -- unfortunate loss of the Jail Administrator, in trying to replar_e that person with a qualified person for Jail Administrator, I didn't really have anybody that has been with the department to where I felt was really qualified to step into those shoes. There's just a lot of responsibility and liability in there. So, in checking around, I have hired one that will start tomorrow, the 16th. But in -- and this is what I had brought up; it was hard to hire somebody without knowing what kind of salary that I could offer. This person came from Gillespie County; he was their Jail Administrator. His salary at the current time under their new deal would have been about $31,000 -- between 31 and 32, and that was Gillespie County Jail who only houses about seven inmates. In checking with Kendall County, their Jail Administrator -- and they house abour 48 inmates or something like that; we're now housing some of their inmates even for them -- is making close to $35,000. In the Nash study, it just stated that the Jail Administrator should be in the ~1 range, and 1 think 1 attached a copy of that Nash - . 5 - _ 76 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 z3 24 25 study to that current stuff. And with the duties that that Jail Administrator is doing, especially with more and more liability issues, more and more inspection issues, the fact that our jail nurse makes more than the Jail Administrator, I am asking to where an exception to that and move this person to a 21/8 as a starting salary for him due to his experience as a jail administrator and everything else, puttinq him at $34,115. DODGE HENNEKE: So, really, what you're not asking for is reclassification; what you're asking for is an exception to the policy in order to be able to hire this person as a 21/8 instead of a 21/1? SHERIFF HIERHOLZER: That's correct. DODGE HENNEKE: Questions or comments? COMMISSIONER LETZ: What's the experience of this individual? SHERIFF HIERHOLZER: This individual was with Kerr County for a number of years under one of our former Jail Administrators as the assistant administrator, so he understands Kerr County, understands our new jail and our computer system. When he left and went to Gillespie County as their Jail Administrator, they also have the same county-wide computer system in Gillespie County as we have here, so he understands that. He has been through a number of state jail inspections, and -- and also, in this area, he _ -_s- _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 Ll 22 23 29 25 ~~ knows the inmates that we deal with most of the time. He already knows a lot of them on a first-name basis and that, which does help deal with these people in a serious light, than somebody coming in that doesn't. COMMISSIONER WILLIAMS: You're saying that the bottom line -- it has no effect on the bottom line of your budget? SHERIFF HIERHOLZER: I really don't think there is, because of the number of openings throughout the year that we always have in jails. You know, it's always hard to keep totally staffed for the entire year. Such as right now, the new budget took effect October 1. I've got one of the new positions -- new five positions starting tomorrow also, so that still has left us four open ones since October lst. And just throughout the year, you're always going to have enough openings to make up that -- that difference in salary. COMMISSIONER WILLIAMS: Until next year. SHERIFF HIERHULZER.: I think you'll still have it then, too, because of the openings you have every year in trying to run a jail. 'Those people move up -- you know, I've promoted several jailers out of the jail onto the streets as officers, and I've had several go to larger counties. You'll always have some openings in the jail. JUDGE HENNEKE: Any questions or comments? 1~-~~-~_ 1 2 3 4 5 6 7 8 9 10 11 1 L 13 19 15 16 17 18 19 20 ~l zz ~3 7G 1S 78 COMMISSIONER BALDWIrS: I just wanted to say, I just think it's bad -- it's a bad way to run government, to say that I'm going -- there are going to be some people that leave my employment, therefore I have money to pay somebody. I just -- SHERIFF HIERHOLZER: Well, I would agree with you, Commissioner. COMMISSIONER BALDWIN: That's not the way we do things. However, I think that this Commissioners Court has to show some kind of faith and trust in -- in you, that you know what you're doing. I -- I do like the fact that the -- I'm going to say that you're right on comparing them with these other counties and what they have done. However, I don't -- I don't like the idea of comparing a jail administrator with a nurse. I think that's a goofy way to think. Just my opinion. But I think that we agreed to doing this in the budget process at some point. I don't remember where the money was going to come from, but I do remember having a conversation and agreeing to -- that we'd come back at a later time when you found somebody or something like that, and so I feel like that we did kind of make a commitment to this thing. SHERIFF HIERHOLZER: Well, I do agree with you in your comment that it's not good business to have to consider not having a full staff to -- to be able to do _=-_~-u~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 L 2 23 24 25 79 this, where the money is. But, unfortunately, in jail operation, and ever since I've been with the County over 20 years, I don't believe there's ever -- ever been a year that you've had an entire jail staff for the entire year without any openings. You know, if I had somebody that gives notice that they're leaving or anything, then you still have to advertise, you still have to interview, so you're always going to have some time periods in there. It's just a fact that you're going to have some time periods with openings. COMMISSIONER LETZ: I think what Commissioner Baldwin is probably saying, and I agree with his comment, is that -- I mean, there is a budget impact next year. You can't budget for the assumption you're going to have openings because of turnover. I mean, we just can't do that. That would be a horrible way for us to start trying to do our budget. So, I mean, I -- I can see -- agree that there is probably no budget impact with your request for this year, but in future years there certainly would be a budget impact, because you have to budget for every position being filled all year. SHERlr'r' HlERHOLZER: I think there very well could be -- could be a budget impact as far as what's on paper, is what you're saying, but *_hen you have the fact of the real dollar -- CUMMISSiONEN. LETZ: 'That's all that matters. 1 i, 1 S n ao 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ L L ~3 24 2 `~ COMMISSIONER WILLIAMS: Well, it's a $6,000 impact next year automatically, if you keep at the same staffing levels. JUDGE HENNEKE: That's also -- remember that right now we're without an administrator at the jail, and we need to hire a qualified individual. COMMISSIONER WILLIAMS: I understand that. I'm not opposed to it. JUDGE HENNEKE: That's the single biggest source of liability in this county. COMMISSIONER LETZ: I mean, I think, based on what your approach is -- I mean, you're using the Nash study. You made a management decision that his experience level puts him to a Level 8 or Grade 8, so, you know -- and this gets the pay where you need it. I understand that. That's -- you know, you picked tha- Grade 8 for a reason, because that was the salary you needed to get to. But, at the same time, I think that you are justified that he has more experience than a novice would have, and we have done -- maybe not to the extent, but we have done this for many other departments when they bring in a new employee, to set their grade higher than Grade 1. JUDGE HENNEKE: Do we have a motion to approve the request? COMMISSIONER WILLIAMS: I move it. 81 1 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2G 23 2q 25 COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Letz, that the -- COMMISSIONER BALDWIN: The Judge has the authority to second motions. JUDGE HENNEKE: Not this Judge. That the Court approve the hiring of a Jail Administrator at a 21/8 as opposed to a 21/l. 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. SHERIFF HIERHOLZER: Thank you. JUDGE HENNEKE: Item Number 14, consider and discuss, take affirmative action on Change Order Number 1 in the amount of $65,975 for the Kerrville South Wastewater Collection Project, as recommended by the project engineer. Commissioner Williams. COMMISSIONER WILLIAMS: As the backup says, there were some changes which the Engineering Department, City of Kerrville believed were necessary, on the basis of adding some -- a couple additional manholes and so forth in the project. Changes the bottom line of this specific contract from Sul to 367. It's not going to change the i -_ 82 1 L 3 4 5 F 7 8 y 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 ?q 25 entire contract, because we've got "X" number of dollars, and the project's going to go as far as the dollars will take us. So, I would recommend that -- I move approval of the change order as recommended by the engineers. Construction will start as soon as this gets underway, in effect. COMMISSIONER BALDWIN: I'll second that motion. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve Change Order Number 1 in the amount of $65,975 for the Kerrville South Wastewater Collection Project. COMMISSIONER WILLIAMS: And authorize County Judge to sign same. JUDGE HENNEKE: And authorize County Judge to sign same. Any questions or comments? If not, all in savor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 15, consider and discuss approving a proclamation proclaiming November 18th through 22nd, Year 2002, as Flood Awareness Week. COMMISSIONER LETZ: So moved. 1 1~- _ 83 1 3 4 5 0 7 8 S 10 11 12 13 14 15 16 17 18 10 20 21 22 23 L Y 25 COMMISSIONER BALDWIN: Second. Attaboy, Jon. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve a proclamation proclaiming November 18 through 22, Year 2002, as Flood Awareness Week. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item Number 15 is consider and discuss approving a resolution recognizing impart of Zion Lutheran Church congregation during the last hundred years on the social/religious heritage of Kerr County. COMMISSIONER WILLIAMS: The congregation to which I belong has celebrated its 100th anniversary. Did so in 2001, and has been awarded a subject plaque by the Texas Historical Commission, which will be dedicated ir, the ceremony coming up in about two Sundays from now. And, as a parr of this ceremony, they have requested us to resolve in their favor recognizing the contribution of the church to Kerr County as a whole, and so we have prepared this i~suluLion for your consideration. And I would move the reSOlUtlOn. COMMISSIONER BALDWIN: Second. ` -1'- 84 1 3 4 5 ti 7 8 9 10 11 l~ 13 14 15 16 17 18 19 ~0 ~l 22 23 24 25 JUDGE HEPSPSEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court approve a resolution recognizing the impact of the Zion Lutheran Church congregation during the last 100 years to the social and religious heritage of Kerr county. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER WILLIAMS: Thank you. JUDGE HENNEKE: Item Number 18, consider and discuss a resolution calling for a more equitable distribution. of motor fuels faxes collected by State of Texas. COMMISSIONER WILLIAMS: Haven't we had this one other time? JUDGE HENNEKE: We had a different version of this. We had a version before that called for an increase in the motor fuels tax, which the Court did not approve. This resolution simply calls for a more equitable distribution of the motor fuels tax. I think the most striking thing that r_omes from the information which is presented is the fact that, in 197, a total of $7,300,000 85 1 2 3 4 5 h 7 0 9 10 11 12 13 14 15 16 17 15 19 20 ~1 22 23 24 25 was allocated to the 254 counties in the state of Texas for local, county-maintained road maintenance. In the year 2002, the total sum of $7,300,000 was allocated to 254 counties in the state of Texas for the same purpose. Not only has that percentage not gone up, the amount of money has stayed the same for almost 30 years now. And there is a major push underway to recognize county roads are the basis of the statewide and even national road system, and that there needs to be more equitable funding of the road -- roads in the state of Texas. COMMISSIONER. LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve a resolution calling for more equitable distribution of motor fuels taxes collected by the State of Texas. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: AlL opposed, same sign. (No response.) JUDGE HEPJ CJEKE: Motion carries. Okay. Item 19, consider and discuss ratification of application for West Nile virus Surveillance and Public Education funding, and adoption of a joinT_ program with the City of Kerrville. This is one oL those deals that came in after our last 1 3 4 5 6 7 8 9 10 11 1~ 13 14 15 15 17 18 15 2U 21 ~, Lc 23 24 25 86 meeting and had to be submitted by September 25th. It's a -- it's funding through the Texas Department of Health for West Nile surveillance and education. When I received this, I knew that the County, per se, did not have personnel and equipment to be involved in this, but I knew the City did and was involved in that. I discussed it with Ron Patterson, and we made the executive decision we would go ahead and approve for the funding subject to, I would say, approval by the Court. Subsequent to that, Mr. Patterson has prepared a -- a proposal for use of those funds, which I distributed to everyone late last week. Basically, the program calls for the City to be the clearinghouse where any citizen in the county could call in and report a mosquito problem; city personnel would be dispensed to examine the area in question and locate it on a map with GIS, and also provide information, training, and assistance in treating the problem area. The funding which would be received would be used to train staff and volunteers, purchase the GPS unit, and proceed with the program. The program cannot, itself, be used for mitigation. It's only a surveillance and education funding program. I understand that 1 jumped out a little bit ahead of the Court in taking this action, but it was either move or lose out on it. COMMISSIONER BALDWIN: I'm glad you did. JUDGE HENNEKE: So, what I'd like to have you 1. [~- 15-[~~'. 87 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 1a 19 2U ~' l ~~ L3 24 25 to do today is to ratify the application, and if the outline of the program is acceptable, then move forward to actually prepare an agreement with the City for this joint program. COMMISSIONER LETZ: And the City's willing to take this on county-wide? JUDGE HENNEKE: Yes. COMMISSIONER LETZ: Good. I think it's a good program. COMMISSIONER BALDWIN: Are we not -- we're not going to participate staff-wise in any way? Or -- JUDGE HENNEKE: The -- since the City already has people on staff who do this, this is a mechanism whereby their services will be provided county-wide. We really don't have anybody in any of our various programs that is knowledgeable or trained in this area, so unless we want to step up and create a position and a program, I think this is a better use of the funds. COMMISSIONER BALDWIN: I agree. Well, I certainly am in favor of it, and I appreciate you taking the step. I see what -- I know exactly what you're saying, and I appreciate you doing that. JUDGE HENNEKE: Do I have a motion to ratify trie application -- COMMISSIONER BALDWIN: Of course not. JUDGE HENNEKE: -- and the program proposal, lr-l5- i 2 3 4 J b 7 8 9 10 11 12 l~ 14 15 16 17 18 19 2C 21 22 23 ~4 25 88 and to move forward to agreement with the City? COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Lets, second by Commissioner Baldwin, that the Court ratify the application for West Nile Virus Surveillance and Fublic Education funding, approve the joint program proposal, and authorize the County Judge to move forward with preparing an agreement for Commissioners Court approval with the City on the surveillance program. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) ,7UDGE HENNEKE: All opposed, same sign. (NO response.) ,7UDGE HENNEKE: Motion carries. Next item is Item Number 20, consider and discuss authorizing County Judge to brief the Kerrville City Council on plans to renovate/expand the Hill Country Youth Exhibit Center and request participation by the City of Kerrville. COMMISSIONER BALDWIN: So moved. COMMISSIUNER W1LLlAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court authorize the County Judge to brief the Kerrville City Council on plans to renovate and expand the Hill Country 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 89 Youth Exhibit Center and to request participation by the City of Kerrville. Questions or comments? COMMISSIONER LETZ: Question. Do we want to leave that open-ended, to participation anywhere? Or narrow it down to what we've -- I guess, you know, I've talked about -- I've talked about this with some of them one-on-one about participation in the exhibit hall portion. COMMISSIONER WILLIAMS: My sense, it would be limited to exhibit hall. COMMISSIONER LETZ: I think, to me, that's cleaner that way. But -- JUDGE HENNEKE: Sounds good to me. COMMISSIONER WILLIAMS: Well, if they want -- COMMISSIONER LETZ: If they want to give us money for anything, that's fine. But, I mean, specifically, you know, that's where -- COMMISSIONER WILLIAMS: Targeting. COMMISSIONER LETZ: -- we're targeting their participation. That's just a direction -- a directional comment. JUDGE HENNEKE: So *_aken. Any other questions or comments? If not, all in favor, raise your L1ght fldIld. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. 3 4 5 h 7 8 9 10 11 ,~ i~ 13 19 15 16 17 18 19 20 21 22 23 24 25 90 (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER LETZ: Do you know when that's going to be, Judge? JUDGE HENNEKE: I'17. have to write to them and ask them to get on the agenda. CUMM1551UNER LE'1'Z: if you'll just let us know when, copy everyone so we can -- JUDGE HENNEKE: Probably, I would guess it would be the first meeting in November. But that's my guess. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Item 21, consider and discuss ratification of a proclamation declaring October 12th, Year 2002, as Rod Kennedy Day. This was dune aL Lhe request of a number of individuals. And, again, it was one of those things where there was not time to bring it to the CouiL in advance, so I ask your indulgence in ratifying my signature. COMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court ratify a proclamation declaring October 12, Year 2002, as Rod Kennedy Lay. Any other questions or comments? If not, all in favor, raise your right hand. _ !G U_ 91 1 3 4 5 F 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l ?? 23 ~4 25 (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. We're going to do all of the remaining items that don't require Executive Session; we'll come back to 22 and 23. The next item is Item 25, which is on the first addendum. Consider and discuss applying for an extension of time for compliance with the Health Insurance Portability and Accountability Act. Commissioner Letz prompted me to place this on the agenda. I requested the County Attorney to advise us as to whether we were covered by this or not. I have -- haven't got any response. COMMISSIONER LETZ: As I recall, this came -- JUDGE HENNEKE: From TAC. COMMISSIONER LETZ: -- from TAC. And it just seems that it may have some consequences, so that the best thing to do is to request an extension, which gives us another two years, it seems like, to make a decision it we can find out if we have to do anything or not with this. So, I'll make a motion that we apply for an extension of time for compliance with the Health Care Portability and Accountability Act. COMMISSIONER BALDWIN: I'll second that motion, but 1 have a question. S _ 9~ 1 L 3 4 5 F 7 8 9 10 11 l~ 13 14 15 15 17 18 19 20 21 2Z 23 24 25 JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court apply for an extension to time for compliance with the Health Insurance Portability and Accountability Act. Question by Commissioner Baldwin. COMMISSIONER BALDWIN: You were saying something, and I couldn't -- I didn't hear all of it, something about you haven't received an answer back from your question. From who? JUDGE HENNEKE: The County Attorney. COMMISSIONER BALDWIN: Did you ask the County Attorney about it? JUDGE HENNEKE: The memo is in the -- in the backup. I sent this to him, asked him to advise the Commissioners Court as to any action the Court should consider, and have not received any response from him. COMMISSIONER BALDWIN: Kind of serious business here, it appears to me. Seems like we would get better participation in this. But I'm ready to vote. JUDGE HENNEKE: Okay. All in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We'll go on 1o-15-nom 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~L 23 24 25 to the second addendum, Item Number 26. Consider and discuss authorizing County Judge to make a statement in support of the Holdsworth Drive construction project at the TexDOT public hearing to be held Wednesday, October 16, Year 2002, at 6:30 p.m. This is pursuant to a request from Bill Tucker, the TexDOT engineer, who has requested that someone appear on behalf of the County to make a statement in support of the Holdsworth Drive construction projer_t. COMMISSIONER WILLIAMS: So moved. COMMISSIONEF. BALDWIN: Before you do, please, Bill, I'm going to be there also. I'm going to be there at this, too. COMMISSIONER WILLIAMS: Do you want to move it? I forgot it was in your precinct, I'm sorry. JUDGE HENNEKE: Would you like to make the statement in support? COMMISSIONER BALDWIN: Along with you. JUDGE HENNEKE: Okay. All right. COMMISSIONER BALDWIN: That was his request. COMMISSIONER LETZ: It's in my precinct, too. COMMISSIONER BALDWIN: Yeah, sort of. COMMISSIONER LETZ: But you two can -- can represent my interest, I'm sure. JUDGE HENNEKE: Do I have a motion? COMMISSIONER LETZ: Second. I n- 1 S- U 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ly ~0 21 ~2 23 ^4 'S COMMISSIONER BALDWIN: I'd like to move for approval. DODGE HENNEKE: Okay. Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court authorize the County Judge to make a statement in support of the Holdsworth Drive construction project at the TexDOT public hearing to be held Wednesday, October 16, Year 2002, at 6:30 p.m. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUUGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Mot-on carries. ILeiu Nurnber 27, consider and discuss the selection of representation for Kerr County in the lawsuit of Caldwell vs. Rylander. I think that I distributed to each of you a copy of the petition in this matter. This is a suit brought by -- I won't say that, 'cause it's going to be on the record -- an attorney in Austin as a class action suit, claiming that the additional fee collected by 86 counties in the state of Texas to provide a supplement to the County Court at Law Judges is unr_onstitutional. A number of the counties are entering into a joint defense agreement with the firm of -- Jim Allison's law firm, including partial funding by Texas Association of Counties. The question is, does Kerr County r=-n 95 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 ~4 z5 want to be part of that joint defense effort? Which would obligate us to pay any expenses incurred above the $25,000 contributed by TAC on a proportionate basis, determined by population. I don't know what anybody thinks. COMMISSIONER LETZ: Probably the most economical representation we could get. JUDGE HENNEKE: We11, no. Actually, the most economical representation would be to have the County Attorney's office do it. COMMISSIONER LETZ: Okay, that's true. JUDGE HENNEKE: That is actually what I would suggest. But what's the pleasure of the Court? COMMISSIONER BALDWIN: I'm agreeing with you. Third -- the third paragraph here -- JUDGE HENNEKE: We did submit this to our insurance carrier. Coverage was denied. I think I passed out to everyone this morning that fax I received today. COMMISSIONER WILLIAMS: Any feel for what our exposure might be? Costs? JUDGE HENNEKE: It's basically open-ended. I mean, that's -- you don't know. 1 mean, if the -- if the plaintiff's attorney decides to depose the County Clerk in each of the 86 counties, you're going to run up some substantial bills on that. And since the plaintiff's attorney is going to get paid a percentage of the i~ i~ ~~_ 96 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 recoveries, we won't necessarily know what the cost's going to be. COMMISSIONER LETZ: I like the idea -- I mean, it is good to go with the County Attorney; I agree with that. I make a motion that we -- what's the agenda item? I make a motion that we request the County Attorney to represent us in the lawsuit Caldwell vs. Rylander. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Williams, that the Court request that the County Attorney's office represent Kerr County in the litigation entitled Caldwell vs. Rylander. 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. Okay. The two items remaining have been requested for Executive Session, so at this time, the Kerr County Commissioners court will go into Executive Session pursuant to Section 551.0745 of the Texas Government Code and Section 551.074 of the Texas Government Code. (The open session was closed at 11:17 a.m., and an Executive Session was held, the transcript of which is contained in a separate document.) i ~s-o. 97 i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2U 21 22 23 24 25 JUDGE HENNEKE: Having completed the Executive Session, the Commissioners Court will now return to open session and take up first Item 2.22, consider and discuss the appointment of a Kerr County 911 Board member. Commissioner Baldwin, do you have a motion to make? COMMISSIONER BALDWIN: Yes, I do, Judge. Thank you. I move that we appoint Mr. Walter B. Harris, Jr., to the Kerr County Emergency 911 Network Board to represent Kerr County Commissioners Court. That's all. JUDGE HENNEk:E: Do I have a second? COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court appoint Mr. Walter B. Harris, Jr„ to serve as the -- as one of the County's representatives to the Kerr County Emergency 911 Board of Directors. Any questions or comments? COMMISSIONER BALDWIN: Judge, I'd just like to say that Commissioner Griffin and myself interviewed this gentleman, and what -- we were surprised that there were so many great qualified folks that are coming forward and willing to serve the citizens of Kerr County. 'That's all. JUDGE HENNEKE: Okay. Any other questions or comments? If not, al] in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. -..,-__ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 ~0 21 22 :3 29 25 98 (No response.) JUDGE HENNEKE: Motion carries. Item Number 23, consider and discuss hiring a part-time Kerr County Address Coordinator. Cormissioner Baldwin again. COMMISSIONER BALDWIN: Again, Judge, thank you. Commissioner Griffin and I met and interviewed around 20 applicants for this position, and we have selected and present to you here today Mr. Jim Bullock of Kerrville as the Kerr County Address Coordinator. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court appoint Mr. Jim Bullock as the part-time Kerr County Address Coordinator. Any questions or comments? COMMISSIONER BALDWIN: Again, we had s~ many great -- I mean, this was difficult, because there were some really, really fine candidates Tor this position. But it boiled down to -- we felt like that Mr. Bullock was going to be the guy that releases this logjam of information to yo through the post office and telephone companies and addressing and all those kind of things. He's the guy that can get those things done. And it took -- it took -- I was really thankful for Commissioner Griffin to gel off into the computer programs and those kind of things. But, anyway, we feel like that this is our guy. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Z1 2~ ~3 24 25 99 DODGE HENNEKE: Any other questions or comments? If not, all iri favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Unless there's somethinq else to come before this Court, we stand adjourned. (Commissioners Court adjourned at 11:32 a.m.) STATE OF TEXAS ~ COUNTY OF KERR The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this ?1st day of October, 002. JANNETT PIEPER, Kerr County Clerk BY: __ __ ~~G _____- Kathy Ba ik, Deputy County Clerk Certified Shorthand Reporter ORDER N0. ~'77t35 CLRIMS ANU ACCOUNTS On this the 1:;th d<_zy of Oata6er, c~4'~c, came to 6e r_onsider'ed by ttie Cap-rrt vario~-is Commissioner=_' precincts, whiet-~ said Cle.ims and Accn~_rnts ar'e: 1~--8eneral for- ?*C:4xt,EiE34.°iiq 14--Fire F4•otection for- $1c,6Ej3.34g 1~--Road R" Fridge fur ~15G,=.39E,.4F,g 1t3-Cour-,i,y L_aw Library fnr- ?c',:iE;9.91g 19-public Libr-"ary for 33:],k'~98.;?,4; SN--Indigent Health Care for' F~1,oSr.. lGp (N"-F''i=T'maniarlt Improvement for 2c737,~Sf;.91; 76-Jr-rvenile Detention Facility for 3124.46; D1--District Administration for 35':;G.~E3; Ham--State 1=untied-'16th I!ist Attorney for 32, 'E].1.~E'~ Ei6--State t=~-rnded--clEth P.ist p'rob for' 34,964.76, E37--5tS1oneT' PaldWln, +,he L'o~ar-t unanimously approved 6y a vote of •:,-Q~-O, the final revision of Flat of Y. 0. Ranch lands, Lots 17, 1£i and i9, as presented. u13t)ER rao. ~~»4 CLFIRIFICATION fJF- LE=l"TER OF CREDI"f FOF2M LE"fTER Ors this the lath day of 0~_•tober, cV7+Z+2, upon motion made by .~ Commissioner Let-, see:onded by Commissioner L3aldwin, the Court unanimously approved by a vote of 3-0-0, the r•evi.sed Rppendix ll as presented +,o the I;err• C;o~.mty Subdivision Rules and Regulations. ORDER NO. X7795 SET' PUE~LIC kEARIN6 ON I':ERR'JI~LE' S F'l_F=HStJRf: CLIFF SUPAIVISION On this the 15th day of October, 20~?l~, ~.ipon motion made by Commissioner I_et~, seconded by Commissioner- Williams, the Court ttnanimo~_isly approved by a vote of 3-~-2~, to set. public hearing on canceling and vacating Kerrville's Pleas~_ire Cliff S llbd l'J1514n, as recorded in Vol. 19 Page 11, and set p+.~bl is hearing on same for November C.S, c@Q~~ at ~?:3~ p. m. ORDER NU. X7796 RF'I='RUVRL 'CO RDUP f URDE:R RNENDING RNNURC_ DE"f E:F2MINF_D CUNT"RIRUTIUN RRTE F'LRI`J .-~- Un this the 15th day of Uc:~tober~ c00'c, ~_ipon motion made by Commissioner Let::, seconded by Commissioner Paldwin~ the Co~..irt ~_inanimously approved by a vote of ~-Q-a~ adopting the order amending t!'ie ann~_ia1 de'terniined contrih~ation rate plan for the term January C'_0~3 thrr,~agh December c~~3. Of2DER N0. 7"7S7 RE'P'ROVE IN"fERI_CICRI__ F'RR"fICIF'RT]:ON RGREF_ME=NT' WITi-I TEXRS LOCRL GOVERNMENT F'URCI-IRSINO COOF'ERRTIVF. On this the loth day of OCtbf]Et'y 0~0Es ~_rpon motion made by Commissioner Naldtiins seconded by Commissioner W.illiamss the Co~_rr•t unanimously approved by a vote of 3-0-~s the Tnterlocal F'ar-ticipation Agreement with Texas Loc:~al Government F'~_rrchasing Cooperatives and a~_rthorized Co~_rnty .J~_rdge to sign the same. (7RUEli N0. c'779E3 F~P(='1,'iJVE F'OLLlI~JG I_OGF~'T IUfJ;a .-,. Cn this the 15th d~;y of October, ct?~VJ~, l:pon motion made t,y Commissioner Paldwin, aer_onded by Commissioner William=_, the Co!mt unanimously approved by a vote of 3-0-0, the pooling locations for +,he February 1st bond election as presented by +,he Co!mty Clerk. Precinct Location-Address 1 Trinity Rapti=_.t Ch!irch, t3~47 .Tacitson Rd., Kerrville ~_ Schreiner Cailloux Center-, '~1NS Memorial Nlvd., Kerrville ;, I.err County L'o!rrtho!rse, 7k30 Main Street, Kerrville 4 1ii11 Country Arts Foundation, Hwy ~;9 W., Ingram Early rloti.ng: Kerr Co!Snty Extension Offir_e Meeting Room, SN01 San Rntonio h-Iwy, t:er-r-ville. .~-• ORDER NO. ::779`.-3 RF'F'ROVRL" OF VRRIOUS CCIIV"fRRCTS RND RRTIFY COUNT"l' JUDGE'S SIGNRTURE On this the 15th day of October, 'r'00~, upon motion made by Commissioner- L.etz, seconded by Commissioner [~aldwin, 'ti're Co~_v`t t"tnanimo~asly approved 6y a vote of .'~-O-Qt, ttre approval of the listed vario~"t=, contracts and ratified the C:o~"tnty S~adye's signature on samec I)ieter•t L'laim N.ids Rdvocacy Place Hill Country Crisis L'o~ancil Moi"tntain Home Vole"rnteer Fire Department Elm Pass VOlltnteer` FiT`e Department Kerr Coi"tnty Economic Development f=o~.tnda:~tion Center F'oint Vol~.m+.eer• Fire De partmenl: URDER NU. 270Ni1~ RF'F'RUVRL UF= CONTRACT l3E'fWEEN KERR C:UUNI"Y FaND HILL CUUNTF2Y RL'fEf2NATIVE DISF'U"fE RESULLJTIUN CEhITER ~~ Un 'this the 15th day of Uctober~, '~~VJ~, upon motion made by Commissioner- Williams, seconded by Commissioner L.etz, the Court unanimously approved by a vote of 3-~-Q~, the cantr-act between N.er-r Co~_mty and the Hi 11 Co~_mt:ry Al.terna{;ive Dispute Resolution Center and authorised the County Judge to sign the same. ORDER NO. c7C307. AF'F'ROVRL OF CON"fRAC"f BE=TWEEN UF'p'EF2 GUADAt_U4='E: RIUEF2 AU'1'HORII"Y AND I{ERR COUNTY On this the 15th dary of October, c:~N2, ~.ipon motion made by Commissioner Williams, seconded by Commissioner I3aldwi.n, the Co~.ir-t unanimously approved by a vote of 3-0-0, the tax collection contract taetween Upper- G~aadal~_ipe Ftiver• A~-ithor•ity ;and I.er•r• L'o~.mty, and authorized Co~_mty .Judge to sign the same. ORDI_R NO. E7f3S~=' RE'P'ROVE RECLR~ialF-ICR"flOnl OF' JRIL. ADh1TNISTRR-IOR On 'this the 15th day o'F Octnber~ c0~E9 upon motion made by Commi==sinner Wi:.liams~ :seconded t:>y Commi.ssianer~ L_.etz~ tF~~e Co~.~rt unanimously approved by a vote 3-Q-0, the hiring of a Jail Rdministrator- at a .=1/k3 as opposed to a c'1/l. U1 RF'F'RUVE CHRNGE URDER #kl FUR ra=RRV:[LLEi SCIUI-H b1Ri-FE:WRI'ER CUI_I_ECTIUPJ F'IRDJECT On this the 1E5th clay of October-9 c:UN29 ~_rpon motion made by Commissioner ldil.li.ams, seconded by Commissioner F+aldwin, the Cotrr•t ~-rnanimoi.isly approved 6y a vote of ,~-0-~~ the Change Drder 4#1 in the amo~-tnt: caf bE,~i,97.~.01~ for Kerrville Soy-ath Wastewater Collection Project and :a~.athor•i~e Co~anty ,J~-adge to sign the same. oRnER nlo. ~~a~4 RPF='ROVE F'ROCLRMRTION F=OR F=LOOn RWRRL=:NES WEf.:.I: .-. On this the 10th day of Octoher, 'EN~~9 ~_ipon motion made by Commissioner L_etz9 seconded by Commissioner 1_'~aldwin9 the Court unanimo~_isly approved by a vote of 3-N-0, the F'r-oc:lam.:jtion proclai.min~ No~dember 18th through ~;c:nd, {_04Z~c as "F=food Rwol~.ition recognizing the impact of i:he Zion Lutheran Ch~.irch Congregation during the l:asL- 10V~ ye:ar:~ to the Social and Religio~.is Heritage of Kerr Co~.mty. ORDER NU. c7806 RPF'RUVRt.. OF RESOLUTION FUR EU~UIl-RBt_E DISTRIHU'TIUN OF MUTUR FUELS "fRXES Or-. this the 1,°,th day of C.lctnber-~ EN~2,r ~.ipon mrtion made by Cammissi.oner Lete, seconded 6y Commissioner- Paldwi.n, the C;our-t unanimaasly appr^oved by a vote of 3-0-~~ the Resol.~.ri;ion calling for more eq~aitahle distril:n.ttion of motor fuels taxes collected by the State of Texas. ORDI=R NO. E78~7 RR"fTt=ICATICIN OF RF'F~LICR'fION ~„~ FOR WEST hdILE VII~UF.i SUI~VF_II_Lf-ONCE RNll PUBt_IC EllUCr1TIOhl FUNDING On this the 15th day o'P October, 'E00c, upon motion made by Commi.ssior-~er Lets, secondeci by Commis=.aioner Baldwin, t:he Court; ~_manimously approved by a vote of 3-N-B, the ratific_;tion of application for We<.at N:ile Virus Surveillancr= and Public Edi_icration f=~_nrdi.ng and adoption of joint program with City of N.err~vi l le. URDE R NU. c: "tH~B f~UTHCIRIZRTIUPI F=UR CULJNTO' JUllGE TC] BRIEI= I',ERR'JILLE CITY CUUIVI::IL.. Un tY~is I;he 15th day of Ucaober, ~~0~:_, ~_ipon motion made by Commissioner Haldwin, ser_onded by Commissioner Williams, the Court ~.inanimo~_isly approved by a vote of 3-~-4~, a~.ithori~iny Co~.mty J~_idye to brief Kerrville City Council on plans to renovate/expand HCYEC and request participation by City of Kerrville. oRD~R NO. ~_~r~~n':~ P.R~FIF'Y F'RDCt_RMf-1TION llE.CLRRING "ROD I:ENNCDY I)RY" ,... On this the 1:Sth day of October, ~'0ii1~, li.pon motion made by Commissioner Baldwin, secanded by Commissiener^ Williams, the Court unanimously appr-oved by a vote of 3-0-2, ratification of F'raclamation declaring October 1'~, 2>C0 as "Had Kennedy llay." C]Fti]ER NO. ~7t310 AF='P'ROVE: RF'F'L.YIhdG F=0F2 EXTENSION OF TIME FOR COMPLIANCE bJITH Hllc'AA Cln tF-~i.s the 1°,th d~_~y of October, 'r'ir0fc, ,.upon motion made 6y Commissioner L.et<_, Seconded by Commissioner Paldtain, the Coi_n-t t~nanimoi.isly approved by a vote of 3-0-0, applying for extension of time far compliance with the F-IealtFr Ins~.trance Portability and Acr_ountability Act. nr~DEr~ NCJ. c7$11 AUTHURIIE COUNTY JUDOS "f0 NRI:E OTR"fEMENT RT THE TXDOT F'C1LaL'IC HEARING ,,,\ TO SE FIELD OCTOF3ER 16, 202 On this the 15th deny of October-, c4~kL, ~_!pon motion made by Commissioner Naldwin, seconded by Commissioner Let z, ±:he C;aart unanimo!_tsly approved by a vote of 3-0-~, authori::ing Co~_inty Judge to m<~ke a statement in s~_ippor•t of the Holdswor•th I)r•ive constri_iction project at the T'xl)OT' F'~ablic Hearing to be held bJednesday, October 16, i_k'~~~' at 6:3N p. m. RPPRdVE SELECTION ~F" REF'RESENTR"fIfJhl H'OR KERft COUNTY i-. On this the l.,th day of October, ~4~4~c, ~_ipan motion made by Commissioner- Let z, seconded 6y Commissioner Williams, the Cni"irt ~.inanimo~.~sly approved by a vote of 3-0-Q~, selecting David Motley, County Rtturney, to represent I.err Co~_inty to Caldwell vs. Rvlander-. ORDf-~R IUO. c7Ej13 RGF'OINTMENT OF WAC_TER R. 41RRRI.S, JR. TO THE 911 F~ORftD Of-' llIREC'1"ORS On this the 15th day of Cictobc~r, c0~c, ~-upon motion made by Commissioner Baldwin, sernnded by Commissioner Letz, the Co~ar•t ~-inanimo~.rsly approved by a vote of ~-rD-~, appointing Mr. Walter A. Harris, Jr., to serve as one of the Co~.aity's representatives to the-~ Kerr Coy-ir~ty Emergency 911 Poard of Directors. ORDER N0. ~7©i~r RF'pOIPJMEN"f OF .JIM L30LL"UC;K 1lS F'f1RT-TIME. KERB COUNTY RDDI~ESS COORP.INATOF? '~ On this ttie 15th clay of Uetnber, '00c, upon motion made by Commissioner Baldwin,