,~., s, 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1S 19 20 L I 22 '3 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Tuesday, November 12, 2002 9:UU a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: FREDERICK L. HENNEKE, Kerr County Judqe H. A."BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 9 z 1 .~~ L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X November 12, 2002 PAGE 2.1 Renew permission for Kerr County Market Association to hold Market Days in 2003 <~~7~'f'~ 14 2 2 Resolution of thanks and appreciation to Ruth . Priest for service on Airport Advisory Board.;/~~5 26 2.3 Discuss order calling bond election, rescind ,~(7<~~y~ Order No. 27831 dated October 28, 2002 28 2.4 Approve lease agreeme nt & operating agreement :l'%•S1 relating to Juvenile Detention Facility project 31 2.5 Plat revision, Lot 9 & 10, Horizon, Section One 37 2.7 Approval of 2002 LLEBG grant, set public hearing for same =%7K~F$ 37 2.8 Approve contract with Kendall County to house prisoners in Kerr County Jail .?7Y'H'j 40 2.9 Appointment of Constable, Precinct 1, for interim period through December 31, 2002 7h'•_C 41 2.12 Approve lease agreement with Arts and Crafts Fair Foundation - ~~A"~ 49 2.13 Approve contract with Kerr County Soil & Water Conservation Distrir_t, authorize County Judge to sign same 2.14 Approve paying election judges, alternates, and '~,'(=_ clerks for service performed in General Election 47 2.6 Open sealed bids for lease of motor grader %~``~ 49 2.10 Informational report of Kerrville South Waste- water project status as of October 29, 2002 51 2.11 Easement agreement with Riverhill County Club ~ City of Kerrville 54 ,.r 2.15 Canvass of 2002 General Election_;'; - •%° 50 2.16 Discuss sexual harassment complaint and any disciplinary action thereto -'Jn"iw- 65 --- Adjourned 67 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 2~ 24 LS On Tuesday, November 12, 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, Tesas, and the following proceedings were had in open court: P R O C E E D I N G S DODGE HENNEKE: Good morning, everybody. It's 9 o'clock in the morning on Tuesday, November 12th, Year 2002. We will call to order this regular session of the Kerr County Commissioners Court. Commissioner Baldwin, I believe you have the honors this morning. COMMISSIONER BALDWIN: Do I? Okay. If you'd stand and pray with me, please, and then we'll -- after Lhe prayer, we'll do the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: Thank you, Commissioner. COMMISSIONER BALDWIN: Thank you. It's an honor to pray. DODGE HENNEKE: At this time, airy citizen wishing to address the Court on an item not listed on the regular agenda may come forward and do so. Are there any citizens wishing to address the Court on an item not listed on the reqular agenda? Seeing none, we will turn to the Commissioners' comments. We'll start with Commissioner Baldwin. 11-11-V2 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 L3 24 2 `, COMMISSIONER BALDWIN: Oh. Thank you again. You're catching me off-guard here. I thought Larry did it last time, so I thought we'd go through you first. JUDGE HENNEKE: Well, but I covered Larry when he was gone for Sandy. COMMISSIONER BALDWIN: That's a typical lawyer, isn't it, trying to weasel his way in there like that. I wanted to bring you up-to-date. Commissioner Griffin and I will meet with our new 911 coordinator tomorrow -- and Mrs. Bullock's in the audience -- and the following Commissioners Court meeting, we will ask him to r_ome in to meet all of you and kind of give us a report on where he is. And I think -- 1 think he has his feet on the ground and up and running, and -- and this logjam is fixing to go from the 911. COMMISSIONER GRIFFIN: Pig's about to go through the pipe. COMMISSIONER BALDWIN: Get that pig through that pipe after all. And then the first meeting in December, we will have a stormwater presentation from TAC; they're coming over, so I don't know who all we want to invite. I know Road and Bridge. Of course, I -- COMMISSIONER WILLIAMS: County Judge acid Commissioner-elect. COMMISSIONER BALDWIN: County Judge and 1 1 1 2- C 2 5 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 ly 20 21 22 23 24 ~5 Commissioners are certainly welcome to the Commissioners Court meeting -- oh, yeah, the new Commissioner-elect and the new County Judge-elect. Of course, I see this thing as inviting surrounding counties and doing a workshop, but sometimes I think a little bit bigger than my brain is. But, anyway, that's the first meeting in December. JUDGE HENNEKE: 1 think that's a good idea. COMMISSIONER LETZ: That's a good idea. COMMISSIONER BALDWIN: I do, too. Y'ou know, we've done several things like that and invited other counties in, and some of them haven't heard about some things that is fixing to run right over the top of us. And what we might do, we may have them in and present it Lo us, and then from that point, set up a -- set up a workshop, maybe in January. I don't know, but we'll try to do that and do, like, a half-a-day thing and get the Commissioners Court from Bandera to buy our lunch and the wholz thing. JUDGE HENNEKE: Yeah, right. COMMISSIONER BALDWIN: And then, last }.gut not least, I'd like to report to you about the Kerrville Tivy Antlers. I know y'all are shocked and -- that I'm going to bring this up. Most of you know that we won last week against Boerne, ZS-14. And Fred left a little bit early; they scored on us right there at the end. DODGE HENNEKE: I knew you had it covered. i.-__- _ 1 L 3 4 5 6 7 8 9 10 11 1? 13 14 1S 15 17 18 ly 20 21 23 29 25 6 COMMISSIONER BALDWIN: Yeah. Yeah, we had it under control at that time. And -- but, anyway, perfect season, and real proud of our kids. And they play this Friday in San Antonio against Fox Tech in Harlindale stadium. I have directions to the stadium, and I'll make one for all of you if you would like -- if you would like one. They play at 7:30, Fox Tech, Harlindale Stadium in San Antonio. Counting today, there's 35 days to the state championship game. And I notice in the rankings this morning, cur Tivy Antlers moved from 8th place to 7th place in the state. So, things are fun. Things are fun around my house, I can tell you that. So, that's all I have to say. Tivy fight never dies. JUDGE HENNEKE: Thank you, Commissioner. Commissioner Williams? COMMISSIONER WILLIAMS: Yesterday we had the Veterans Day event on the courthouse lawn or driveway, and I thought it was a particularly moving event yesterday. I guess the -- the reason being that we're besieged by military activity and threats from abroad, and sometimes from within, and to see our veterans there being honored was extremely moving, particularly when General Schellhase presented a bronze star to Lieutenant Colonel DeVOre for his valor and bravery in action and combat in Afghanistan. I thought that was particularly moving. And we don't often 11-1J ~~_ 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 15 17 18 19 20 21 22 ~3 24 ~5 have the opportunity to see the presentation of a high military award on our own courthouse grounds, and I thought that was good to be a part of it and to witness it. Sorry you missed it, if you did miss it. JUDGE HENNEKE: It was fine. Commissioner Letz? COMMISSIONER LETZ: Couple things. First, the Comfort Bobcats will he in the playoffs once again, which I think we all expected, even though they did have one loss this year. Wish them well. Second, several months ago we passed a resolution regarding GMA boundaries, groundwater management areas, and the new map that's going to be presented to the Water Development Board was announced last Friday, I believe, and they modified it slightly. Kerr County remained in Area 9, which was the -- we had requested t?iat it get moved into -- the whole Trinity get moved into the -- or not only requested Kerr County, but other counties get moved into the San Angelo area, where Edwards -- where the Edwards Trinity is. That did not happen. The boundary we are in, it's basically -- they changed it and added Bandera County into it all the way, so it's Bandera County, Kerr County, Kendall County, Hays County, part of Comal and part of Bexar, as I recall. So, that is the boundary. It appears that they've pulled in more of Bexar than they had previously, based on the way the map -- you know, until you 11-1J-"_ 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 e see the actual close-up. It's not all bad, but it's not fantastic. It's -- they leave the Middle Trinity pretty much as the driving force behind that boundary. There is one chance left to appeal it to the full Water Development Board, but I don't think that would be -- I mean, I think the chances of getting a change at that point is going to be pretty slim without a bunch of rew information. This is the third revision they've come up with through staff, so I think we'll live with it. It's certainly a lot better than the first one, so we've made some improvements. And the last thing is kind of going back to what Bill was talking about on Veterans Day. I heard a statistic -- actually, this morning, I heard it, and it really moved me. And it was the number that each day, currently 1,000 World War II veterans pass away, and by the year -- before 008, 2009, there are likely to be very few, if any, World War 11 veterans left. That just kind of really makes me think about what the generation has done for the country and how fast they're leaving us. And, really, everycne -- I would encourage you to -- if they know any world war II veterans, to spend time with them and talk to them in the coming years, because they're quickly, you know, going on. That's it. COMMISSIONER BALDWIN: I want to say something about the veterans thing, too. ~_ i.. 9 1 3 4 6 7 8 9 10 11 12 13 14 15 15 17 18 I9 20 21 22 23 29 25 JUDGE HENNEKE: Go ahead. COMMISSIONER BALDWIN: Every year I get together with some buddies of mine and our kids, and we have lunch over here at the barbecue place. COMMISSIONER LETZ: Buzzy's? COMMISSIONER BALDWIN: No. COMMISSIONER WILLIAMS: Choo-Choo's. COMMISSIONER BALDWIN: Choo-Choo's, thank you. And -- because that -- that's the old train station, and we think that is the last time any of our veterans that died in the war, that's the last time they touched ground in Kerr County. And so we just kind of get together and have lunch and kind of honor them. That's all. 'T'hank you. JUDGE HENNEKE: Commissioner Griffin? COMMISSIONER GRIFFIN: One more thing on that. I was privileged to attend a -- as a guest, a veteran's celebration yesterday in -- in San Antonio, and I was amazed -- of course, being an old veteran myself, I was amazed at how many young ones there are now. I mean, gosh, the faces of the guys that served in Kosovo, Afghanistan, and even before that, some in the Gulf war, even though that's 10 years ago now. But, I'm just amazed at how well we are served by our -- our youth that are dedicated to military service, and it's nice to be around them. Every time I get around them, I Leel better. And I would talk ii 10 1 3 4 5 5 7 8 9 l~ 11 12 13 14 15 16 I/ 18 ly 24 21 22 23 24 25 about A & M - Oklahoma football, but in deference to the County Judge, who's my good friend, I won't say anything about that. (Laughter.) JUDGE HENNEKE: You're too kind, Commissioner. COMMISSIONER LETZ: If the Longhorns don't gain on them as well. COMMISSIONER GRIFFIN: Oh, yeah. You know Oklahoma is going to try -- and, in fact, coming out of the stadium on Saturday, there were several Oklahoma fans that stopped and said, you know, you got to do the same thing to Texas for us. COMMISSIONER LETZ: I'm sure they'll try, but hopefully it won't happen. JUDGE HENNEKE: I would remind everyone that our next regular scheduled meeting is an evening meeting. It will be on Monday, November 25th, beginning at 6:30. I believe we will have to have a special session that afternoon in order to open and accept the design-build proposals. Just so everyone's aware of the scheduling. It was an honor to be part of the Veterans Day celebration yesterday. As Commissioner Williams said, it was particularly meaningful when we had the bronze star presented to a new member of the Kerr County community. 11 1 2 3 4 5 F 7 8 9 10 11 l~ 13 14 15 16 17 18 19 20 21 22 23 24 25 Kevin DeVore and his family were here. I think he's made an outstanding addition to our community. And, as Commissioner Letz said, and Commissioner Baldwin, we all need to recognize the fact that the greatest generation, according to Tom Brokaw, is rapidly becoming the former greater -- greatest generation, and we need to take time to pay tribute to those people, not only on Veterans Day, but every opportunity we get. With those preliminaries, let's move into the business at hand and pay some bills. Mr. Auditor, do we have any bills to pay? MR. TOMLINSON: Always. JUDGE HENNEKE: Anyone have any questions or comments regarding the bills as presented and recommended by Mr. Tomlinson? COMMISSIONER BALDWIN: Judge, I move that we pay the bills. COMMISSIONER WILLIAMS: Second. COMMISSIONER GRIFFIN: Second -- third. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court authorize payment of the bills as presented and recommended by the Auditor. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. :1-i- 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 (No response.) JUDGE HENNEKE: Motion carries. Budget amendments. Budget Amendment Number 1 is for the District Clerk's Office. MR. TOMLINSON: With this amendment, I have a late bill that I need a hand check for, payable to First Insurance Agency. It's for the District Clerk's professicnal liability insurance renewal. We had budgeted $1,240 for this -- for this payment, and the bill totals $1,837.50. We need to amend that line item by $597.50, to come from the Microfilm Records line item. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 1 for the District Clerk, and authorize payment of a late bill and issuance of a hand check in the amount of $1,837.50 payable to -- First Insurance Agency? Was that it? MR. TOMLINSON: Yes. JUDGE HENNEKE: First Insurance Agency. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. ii-L-~ 13 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '3 24 ~5 (NO response.) JUDGE HENNEKE: Motion carries. Budget Amendment Request Number 2 is for Election Expense. MR. TOMLINSON: This is a request from the Clerk's office to transfer $97.85 from Ballot Expense to Notices in the Elections Department. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court approve Budget Amendment Request Number 2 for Election Expense. 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.) Jr~DGE HENNEKE: Motion carries. Do we have any additional late bills? MR. TOMLINSON: I have one, payable to OYYice Depot, for $588.05. It's for the jail. COMMISSIONER WILLIAMS: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, section by Commissioner Griffin, that the Court approve a late bill and authorize a hand check in the amount „ , 14 1 2 3 9 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 ly 20 ~l 22 23 24 25 of $588.05 payable to the Office Depot for office supplies for the jail. 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. Thank you, Tommy. At this time, I would entertain a motion to waive reading and approve the minutes of the October 1Sth and October 28th Kerr County Commissioners Court. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the court waive reading and approve the meeting -- minutes of the August -- of the October 15th, 2002, and October 28th, 2002, meetings of the Kerr County Commissioners Court. Any questions or comments? If not, all in favor, raise your right hand. (The motion r_arried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We don't have any monthly reports to approve, so we'll commence directly into the consideration agenda. Item Number 1 is to consider and discuss renewing permission for the Kerr County 15 1 2 3 4 5 6 8 9 10 11 l~ 13 14 15 16 17 18 19 20 21 22 23 24 2j Market Association to hold Mar}:et Days events on the Courthouse Square. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes. Ms. Anderson'? On your way up to the podium, I have a comment to make. Actually, I want to read something, and then I have a question for you. This is out of the Commissioners Court minutes of the meeting of that -- when we approved of this program, the Kerr County Market Association to use the courthouse square, and I want to read you one of Mrs. -- Ms. Anderson's comments here. And, quote, "If, on the date that we open on the first market day, we can have 10 vendors here, I will feel that we have been extremely successful. If, at the end of the year, we could report that we averaged 10 vendors each market day, I would feel like we had been even more successful." How many vendors did you have Saturday? MS. ANDERSON: About a hundred more than we thought we would have. (Laughter.) COMMISSIONER BALDWIN: I would consider that successful. That's all I wanted to bring up at this time. Thank you. MS. ANDERSON: Thank you. Good morning, Judge, Commissioners. I appreciate time this morning to visit with you for a few minutes. Appreciate being on your 1 ,.,, 2 3 4 5 6 7 8 9 10 11 12 .... 13 14 15 16 17 18 19 20 21 ~~ 23 29 ~5 16 agenda to request approval for Kerr County Market Days 2003. I know you have quite a lot of business to conduct today, so I'll limit my comments, but there are a couple things I think I really have to take just a minute to say. And the first of those is, I thank you. Thank you to you. If you your counsel through these last months as we've gone ahead with the market, Kerr County Market Days wouldn't exist. So, the very fact that it's there and that it's moved forward is totally to the credit of. this group, who are our Judge and our County Commissioners, and we never lose sight of that, and we thank you for it. We'd also like to say thank you to Thea and to Glenn and his staff for all the help that they've been to us. Thanks to K.D.B.A., K.A.C., K.A.C.C., Dietert Senior Center, Convention and Visitors Bureau. They have all been a tremendous support, as well as community. And I guess the really, really big thank you is to all the citizens of this community. They've come to the They've come And they've even dropped money the donation jar. It's just been a tremendous experience for us to get to meet, get to have experience with so many people here in this community, and it makes me know that f chose the right town to make my home. 1 .-. 2 3 ' 4 ~ 5 ' S 1 7 8 9 10 11 12 ,-.. 1 3 19 15 16 17 18 19 20 21 22 23 24 25 17 The proposal we provided to you requests your approval to begin Market Days 2003 on the second Saturday in April and run through the second Saturday in December. The markets would be held here on the square for a total of 17 Saturdays in 2003. Several pages i.n the proposal document outline accomplishments from this year. I believe all of those accomplishments are positives. We've also outlined what we believe are economic imparts here in the community; again, all positives. We even gave you a little brief financial statement, which shows that market expenses have been very modest, and that we're meeting all of those expenses through donations. These donations come from vendors who participate in the market, and it's strictly voluntary. And, as I said, some of these donations come directly from the community. Saturday, there were several times I noticed people -- just people who came to the market to visit, people who came to shop, they came by the K.. C.M.A. booth and dropped a dollar or two in the coffee can, and it just gives us a tremendous, positive feeling that the community has received us in this way. Our proposal for 2003 is to basically continue the market, the same guidelines that are being used this year. Most importantly, we reaffirm our commitment to provide a high-quality community event based on the theme of homegrown, homemade. Basically, the same rules would 18 1 ,,,. 2 3 ' 4 I 5 / 6 1 ~ 8 t 9 f 10 11 12 13 14 15 15 17 18 19 20 G1 22 23 24 ...~ z5 continue to apply about no live animals, no flea market, no used things, no alcohol and so on. The primary new element in the 2003 proposal is a modest fee structure. The key point I'd like to make about the fees that we're currently considering are, one, everybody gets two free marke*_s. We think this is a critical part of the market, that anybody who wants to try this gets a chance to do that at no cost to them. There will always be two free markets for anybody that wants to participate, as long as we have some space where we can put them. So, if somebody is new to crafting, somebody who thinks they've got something that they can sell, they can come down here and try it and see if it will work for them before they make any commitment whatsoever in terms of a fee. For those people who are wanting to be full-time participants, this is something they really do, they -- we're proposing an annual fee that we believe is not only very competitive, but in most cases, it's dramatically less than fees for this type of market anywhere in the Hill Country or South Texas area. We want to keep the fees very low. Again, we see this as an economic generator, that people can come here, start a business, build up a business, add a little to their income, whatever, and that the ar_tual profits from this go into their pocket, and K.C.M.A. will continue as a nonprofit organization. The proposal documents also outline some ~~ ~_ _ 19 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 15 1/ 18 ly 20 ~l 22 3 24 25 future goals for the market. The number one goal, the one that I want most and one that I think our customers want most, is to see more produr_e in the market. We're working on several ideas. Among that is contact with the state organic growers' association, and an idea to expand a little growers co-op so that we can bring more produce to the market. Another important goal is to increase community participation, where we would really like to see people from the community who would like to join us in the association to participate in the day-to-day operations, as well as long-term future management Tor the market days. We think this would be very important to maintain this as a community event. The final, and perhaps the most important item listed on the goals list, is to define a long-term vision for Kerr County Market Days. Last time I was here, we didn't know really quite what was going to happen. We believed it would work and we believed it would be a good thing. lt's grown far more rapidly than we ever anticipated, so we've come to a point now where I think it would be appropriate to start to define just exactly where do we want to take this in X003 and '4 and 'S. And, again, this is where I think it would be critically important to have the community participate, downtown businesses participate, have input from a variety of sources as we plan zo I` 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 1~ 18 19 20 _>1 22 23 24 ZS the market's future development. I think that about covers our proposal. As I said, I tried to make it -- limit my remarks. I'll just draw your attention to the two charts that are provided as attachments. These charts show you what our participation has been in terms of vendors, as well as the geographic reach that the market has come to have. I wish I had similar data for nur customers, but we haven't done a customer survey. Maybe someday we'll get to do that. Just from my personal experience in talking to people who shop the market, we're getting lots and lots of visitors trom the entire surrounding area. We're now listed in the Weekend Guide in the San Antonio Express. We've got lots of visitors from San Antonio. We're on the radio stations from time to time. We're in the Fredericksburg paper. Uur Convention and Visitors Bureau is really passing the word, so we are getting people who've come to Fredericksburg, found out about the market, and come on down here and spend some time in our community. Spend some time and some money. One of our things for next year is to expand our publicity, to reach out into some national and statewide publications like Texas Monthly, try to get our Market Days even more widely known and draw visitors from a wider base. So, with that, we request your approval for County Market Days 2003. Hnd I'll close and I'll try to answer any questions that you 11 .' - 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 might have. Thank you. JUDGE HENNEKE: Anyone have any questions for Mrs. Anderson? COMMISSIONER BALDWIN: I do have one. I've noticed -- it appears to me that you've outgrown the courthouse, possibly. I mean, you're not going to be able to add very many more to your list. Is there a possibility of moving over out on the sidewalks in dcwntown Kerrville, or what do we do? MS. ANDERSON: We were actually -- that idea was mentioned to us through K. D.B.A. They have been extremely supportive from the very beginning. And we're havinq some very, at this point, informal conversatiuiis with them about doing a little test ride; that is, the December 14th market, to see if this is someCY-ling that - and I realize this would involve the City of Kerrville. If it would work for all -- for everybody who would be affected by that, for the market, for the businesses, for the whole traffic situation and so on. So, that's something that, at this point, is sort of an informal discussion. COMMISSIONER WILLIAMS: I have a comment, Judge. JUDGE HENNEKE: Go ahead. COMMISSIONER WILLIAMS: I just want to say that I, among the five, probably had lY7e greater 1 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~~ L 23 24 25 ~^ L L reservations at the outset as to whether or not your venture would be successful. I commend you for the success. I think it's been good for Kerr County, for the City of Kerrville, for the utilization of the courthouse grounds. I think all of that's good. I particularly want to commend you also for your willingness to work with those groups that routinely use the courthouse grounds and -- and who, I guess, on two or three occasions, we really came upon a potential conflict, and I appreciate your willingness to work with them and wor}: out those conflicts and make it possible for those small organizations to continue to raise their funds for their purposes on those dates where there could have been a problem. I really thank you for doing that. MS. ANDERSON: Thank you. COMMISSIONER WILLIAMS: One other thing. And in that same connection, I have just one question here about your proposal. It has to do with the prohibited items. And I assume, when you list these, you're talking about those vendors who would report directly to your organization, when you talk about prohibited items, anything that might have been purchased for the purpose of resale? MS. ANDERSON: Yes. COMMISSIONER WILLIAMS: You prohibit that, and that's fine. That's your regulation. But there's no '-~ '`~ - 23 3 9 5 7 8 9 10 11 12 13 14 15 16 17 18 19 ^0 21 22 _'3 24 ~5 intention for that to, by any chance, slop over onto the Fiwanis, who buy brooms and mops, for example, or anything like that? MS. ANDERSON: No. We see those events as -- as pre-existing, separate, and not under the guidelines that apply to people who come here for profit. We think that having the community activities like the mop and broom sales, like The Tivy Debate Club, like the Tivy Golden Girls, the Lion's Club acid so on, we think that's critical to the success and the quality of a community event, and add tremendously to the spirit of the market. COMMISSIONER WILLIAMS: Thank you. JOD,E HENNEKE: Any other questions? COMMISSIONER LETZ: I'm just amazed at the sur_cess of that. I think it's great. COMMISSIONER GRIFFIN: Fantastic. COMMISSIONER LETZ: Appreciate the amount of hard work y'a11 have put into it. MS. ANDERSON: Thank you. COMMISSIONER LETZ: Making it happen. JUDGE HENNEKE: Before we act un treat, Janelle Bullock, the president of Kerr County Women's Chamber, has signed up to make a Lew ~_umments. Janelle, do yeu want to come forward at this time? M5. BOLLOCK: I want to thank everybody. 24 1 2 3 4 5 r 7 8 9 10 11 12 13 19 15 15 17 18 19 2G 21 22 13 24 25 It's such an honor, and thank you for allowing me to speak. I'm here on the behalf of LuAnn, because due to 4th of July, the Women's Chamber wasn't able to make their major fundraiser event for their community projects, and the Kerr County Market Days was one of those that allowed us to make up the loss that we had during that time. And I think it has been very wonderful for us, being out in the community, seeing the people and meeting with them, and plus raising funds for our community projects, plus our Women Helping Women scholarships. And I would like to say I would love to see this continue. I think it's a good thing for the community. While I was out at the booths, I met people from -- all the way from Alaska and, you know, all across the country, and it was wonderful to be out there and meet these people, and also support our community. And I would like to see this pass. I'm in favor of LuAnn. Thank you so much. JUDGE HENNEKE: Thank you. COMMISSIONER LETZ: Judge, I do have one other question. LuAnn, do you have an idea as to what your sales are or have been on an average Saturday? I know it's probably pretty hard to -- MS. ANDERSON: It's very difficult, 'cause we've had a constantly expanding number of vendors, so we've had a censtantly increasing amount in sales. 1 can say that ~-i_- _ zE I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L1 DL 23 24 25 JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, Ms. Anderson. We appreciate your help. It's a wonderful deal. MS. ANDERSODI: Thank you. And y'all come see us. JUDGE HENNEKE: We'll be back. The next item is Item Number 2, consider and discuss and take appropriate action on a resolution of thanks and appreciation to Ruth Priest for her years of service on the Kerrville/Kerr County Airport Advisory Board. Commissioner Williams and Commissioner Griffin. COMMISSIONER WILLIAMS: Thank you, Judge. We had -- Larry and I had talked about paying a tribute to Ruth Priest for her years of service to Kerr County, and particularly tc the Kerrville/Kerr County Airport Advisory Board. She will be honored at a reception at City Hall on the ]4th. We thought it would be appropriate for this Court to pay some respect to her and thanks to her for her years of service, and with your permission, I'll read into the record a resolution. "Whereas Ruth Priest has spent a vast number of years working ~n the field of aviation in the public and private sectors; and whereas, as a citizen of Kerr County, she offered her time and expertise to The City u-~ ~-,._ 27 1 2 3 4 5 H 7 8 9 10 11 1 L 13 14 15 16 17 18 19 20 21 ~~ L 23 24 25 and County for the betterment of local aviation; and whereas, Ruth Priest served 14 years as Chair of the Eerrville/Kerr County Joint Airport Advisory Board; and whereas, during her tenure, significant beneficial improvements have been made to the Kerrville/Kerr County Airport; and whereas her advice and counsel were invaluable to the City of Kerrville and Kerr County during the development of the long-range master plan for the airport; Now, therefore, be it resolved that Kerr County Commissioners Court expresses its thanks and appreciation to Ruth Priest for her 14 years of service to the citizens of k"err County as Chair of the Kerrville/Kerr County Joint Airport Advisory Board; and be i*_ further resolved that a signed and sealed copy of this Resolution be presented to Ruth Priest on the occasion of a reception in her honor on Ncvember 14th, 2002." I'll offer the resolution for approva]. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commiosioner Williams, second by Commissioner Griffin, that the Court approve a resolution of thanks and appreciation to Rnth Priest for the years of service on the Kerrville/Kerr County Airport Advisory Board. Any other comments? Questions? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) 1 i 1 7 ri 28 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 2 L 23 ^4 25 DODGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER WILLIAMS: Judge, before you move on, I just think it would be appropLiate to note that in the TexDOT directory or book of airport improvements that will be undertaken or scheduled for undertaking in the years coming forward, we're in line for about $12.4 million worth of airport improvements in the next fiscal year. JUDGE HENNEKE: Outstanding. Okay. Moving along, the next item is Item Number 3, consider and discuss Order Calling a Bond Election and rescinding Order Number ~ 7831 dated October 28, Year 2002. Mr. Spurgeon? ~ MR. SPURGEON: Judge and members of the Court, the item that's on the agenda this morning is to essentially redo the item that you did on October 28th, which was calling your bond election for November 1st. The reason that I'm asking to put this back on the agenda is an error on my part, and there's a provision under a separate part of the Texas statutes that apply to cities and counties; doesn't apply to any political subdivisions but cities and counties, calling an election not earlier than 90 days ir. advance of an election. Calling that on October the 2L'th was actually 96 days. Now, that was an error on my part, but. when we were looking at scheduling the vote for 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 I7 18 19 ZO ^1 22 23 24 25 29 the election, et cetera, my concern at the time was to be sure we had things done in advance so we could make submission to the Justice Department. Y"ou're g~ir,g from 19 voting places -- polling places down to four, which is permitted by the statutes ~n terms of allowing to you consolidate your -- your polling places, but in submitting it to the Justice Department, I wanted to be sure that we got through their process, which takes FO days -- or up to 60 days for them to respond. In case they had any problems, we have the opportunity to come back and -- and make adjustments as we need to do that. Election Code normally says -- or Election Code does say, as a general rule, that you cannot -- or you must call an election at least 45 days in advance; that the 9G-day rule is something that, frankly, didn't come to mind until I was actually preparing the documents going to the Justice Department, and that's when iL hit me that we called it a little too early. So, to correct that, to be sure that o-ae don't have any problems in terms of election, I'm asking that ycu rescind the order trom October 28th, and essentially recall the election today. Everything else about the election stays the same. JUDGE HENNEKE: Anyone have any questions? COMMLSSIGNER LETZ: So moved. COMMISSIONER GRIFFIN: Second. ,~_i n~ 30 1 2 3 4 5 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ ~L 23 24 25 JUDGE HENNEKE: Okay. Eefore we -- before I recognize your motion, we need to hear from Jannett, the County Clerk. MS. PIE PER: There's one change that we would need to make; that would be the Precinct ~ location. we haven't got a definite okay on it, but I think it'd probably be better to change the location for Precinct 2 to the Extension Office meeting room, because the Cailloux Center will not be available. COMMISSIONER LETZ: My motion is amended. COMMISSIONER GRIFFIN: And second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, to approve the order calling the bond election, rescinding Order Number 27831, as amended to provide for the voting location for Precinct 2 on election day to be the Kerr County Extension Office meeting room, 5001 San Antonio Highway, Kerrville, Te.;as, 7.9D~R. Questions or comments? COMMISSIONER GRIFFIN: Docs the -- a question. Does the motion also include the vacation of the earlier order? JUDGE HENNEKE rescinds the previous order. MR. SPURGEON: Yes, the order itself It's actually in the order, yes, sir. 31 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2i~ 21 ~~ 23 24 25 COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: Okay. If not -- COMMISSIONER WILLIAMS: Is this going to be amended? What I'm seeinq here calls for Schreiner -- JUDGE HENNEH:E: Yes, it will be. MR. SPURGEON: We'1]. note that. We'll put that in this, yes, sir. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: If there's no further questions or comments, all in favor, raise your right hand. (Commissioners Williams, Letz, and Griffin voted in favor of the motion.) JUDGE HENNEKE: Opposed? (Commissioner Baldwin voted against the motion.) JUDGE HENNEKE: Motion carries. Okay. Item Number 4, consider and discuss an order approving a Lease Agreement and Operating Agreement relating to Kerr County, Texas Juvenile Detention Facilities Project, and consent to the execution and delivery by Hill Country Juvenile Facility Corporation of a Trust Agreement, Mortgage, and Security Agreement, and to the issuance of bonds by such corporation to refinance, and finance improvements to Kerr County Juvenile Detention Facility, and authorizing other actions relating thereto. Mr. Spurgeon. 1'. ~_ _ 32 i ...~ 2 3 I 4 5 I ~ 5 1 8 9 i f 1 `~ 11 ~ 12 1 I 13 14 15 16 l~ 18 19 20 21 22 23 24 25 MR. SPURGEON: Judge and members of the Court, this is the first of actually four different bodies with the refinancing of the Juvenile Facility and providing funds for the extension of the facility. As I -- just to kind of refresh your memory, the actual -- the bonds, themselves, are going to be issued by the Hill Country Juvenile Facility Corporation, which was a public finance -- or public facility corporation created by the County about a year ago. We are -- due to provis=ons under state law, it's necessary because of -- frankly, because of the lack of specific statutes dealing with Juvenile Board and who they could contract with, it's necessary to involve the County in this financing to actually enter into the lease agreement with the Hi11 Country Juvenile Facility Corporation, which is very, very -- which is a common type of financing for -- for a public facility corporation like we're doing here. It's called a lease revenue bond financing where, literally, the County will be entering into a lease agreement with the Hill Country Juvenile Facility Corporation, which technically, they would be leasing the facility to the County. But, all along, the desire of the County has been that the County would have no responsibility in terms of payment and those things, so in order to move all of those payment responsibilities over to the Juvenile 33 1 ,,,,~ 2 3 4 ~ 5 i 6 ~ ~ 8 9 1 ~ 10 ~ 11 ~ 12 13 14 15 16 17 18 19 2C 21 ?~ 23 24 ^-, 25 Board, which is the way it should be in the first place, the County will be enterinq into an operating agreement with the Juvenile Board, which essentially says that you will be -- or that they will be operating the facility, and they will be assuming -- "they," the Juvenile Board, will be assuming ail of the payment responsibilities for -- you know, for the operation of the facility; not only just maintenance and operation, but also payment of debt. So that what you're being asked to do today, really, are three things. One is to enter into the lease agreement with the Hill Country Juvenile Facility Corporation. Second is to enter into the operating agreement with the Juvenile Board, which again transfers all of your responsibilities, essentially, over to them. And third is to formally approve or consent to the issuance of the bonds by the Hill Country Juvenile Facility Corporation. That's parr of the provision under the statute, that the sponsoring entity, being Kerr County, would have to assent to the issuance of bonds by the public Yacility corporation. Bob Henderson has estimated that the bonds would be issued in amounts of approximately $S.2 million. That inr_ludes about a million, nine to pay off the old debt, the 1994 lease. Approximately two hundred -- or $2,600,000 for construction, give or take several tens of thousands, I believe, in that amount, and approximately $400,600 to fund .i-~~-= 34 r 1 1 3 4 5 6 8 9 10 11 12 13 14 15 16 ll 18 ly 20 L1 22 23 24 25 the reserve fund, and then there's some cost of somewhere around $100,000. Comes to about $5.2 million. We've included in the order that you'll be approving today that you will be consenting to the issuance of funds up to 55,250,000. We don't think: we'll gc that high, but we want to give a little bit of -- slight little bit of wiggle room in case there's something we need to adjust in the numbers. Those numbers will be set next week. When I mentioned that there are four boards that aLz meeting, three of those boards will meet next week on the 21st, and the sale of the bonds will be conducted by the underwriters next week, and all the final payment terms will be set at that point. So, in a nuLsk-,ell, that's }:ind of what you're being asked to do. And it also approves, sort of, the concept of the other documents -- the szcurity documents that are behind the bonds. Again, you're no*_ the party to those documents, buL you're being asked to consent to those documents. COMMISSIONER BALDWIN: Tom, basically, the public facility corporation doesn't have bonding authority, so the -- this body here, is that -- MR. SPURGEON: No, not exactly. COMMISSIONER BALDWIN: Not exactly. MR. SPURGEON: The public facility corporation is Ltie -- the entity that has the support to '1-1 - - 35 1 3 4 5 h 7 8 9 10 11 11' 13 14 15 16 17 18 19 20 __>1 22 Lj 24 25 issue the bonds. COMMISSIONER BALDWIN: Okay. MR. SPOR.GEON: The -- the Juvenile Board is the one that doesn't have the authority to specifically enter into a contract with the public facility corporation. It has authority to enter into contracts with political subdivisions for the operation of the juvenile facility. So, because they didn't have the authority to directly contract with the public facility corporation, you couldn't enter -- have them enter into the lease agreement directly with the Hill Country -- Hill Country Juvenile Facility Corporation; that would have been the preferred way to do it, but the statutes don't permit ghat. And, for that reason, because the statutes do permit you to enter into contracts with the juvenile facility -- ox, I'm suiiy, with the public facility corporation -- juvenile facility corporation; that's the right name. Aud it also permits you to enter into operating agreements, and the Juvenile Board did enter into an operating agreement; that's where we're going. It's sort of a two-step process. JUDGE HENNEI~E: Any other questions or comments? If not, I'd entertain a motion to approve the order as presented. COMMISSIONER BALDWIN: And in the order and the motion is all three uL tt-ie items tk~at he has discussed? ~~- 36 1 2 3 4 5 6 7 fl 9 1C 11 1. 13 19 15 16 17 18 19 20 ~l 2G 23 ~4 25 JUDGE HENNEKE: Yes, that's correct. MR. SPURGEON: Yes, sir, they're all there. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court approve an order approving a lease agreement and operating agreement relating to the Kerr County Juvenile Detention Facilities Froject, consenting to the execution and delivery by the Hill Country Juvenile Facility Corporation of a trust agreement, a mortgage, and security agreement, and to the issuance of bonds by the corporation to refinance and finance improvements to the Kerr County Juvenile Detention Facility, and other necessary actions related thereto. Any additional 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. MR. SPURGEON: Thank you very much. JUDGE HENNEKE: I don't see Franklin. Is he coming for this? MR. ODOM: No, sir, he's in San Antonio in a seminar meeting for TACERA. He's secretary for the 37 1 3 9 5 6 7 ft 9 10 11 12 13 14 15 16 17 18 19 20 ^1 23 24 zti association. JUDGE HENNEKE: Weil go ahead, and I guess someone else will speak on his behalf. Item Number 5, consider a plat revision of Lot 9 and 10 of Horizon, Section One. MS. HARDIN: We got a letter from Domingues just before court started, and he asked us to table that, please. JUDGE HENNEKE: All right. We11, we'll do that, then. That takes care of that one. We have a time for the opening of the bids at 10 o'clock, so we'll have to come back to that. Let's go ahead and go to Item Number 7, which is consider and discuss approval or rejection of the 2002 LLEBG grant. Sheriff? SHERIFF HIERHOLZER: I believe y'a11 have a copy of it; I don't have it with me. But this -- it's the same grant, no matching funds. We get this grant each year. At one time, it was $14,000, but then the Department of Justice decided that us and the City needed to start splitting it, so that's what we do. CGMMISSIONER WILLIAMS: I don't have a copy of it. SHERIFF HIERHOLZER: I don't have it. It's right at $7,000. And there just has to be a public hearing set for it, just to approve it all. We've already had a 38 1 2 3 9 5 F. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 little committee hearing on what it's going to be used for and things like that. I just need a date for public hearing for y'all. COMMISSIONER GRIFFIN: We11, I move we approve it and set a public hearing for -- suggestions? MS. SOVIL: December 9? JUDGE HENNEKE: That's less than 30 days. Do we have to give 30 days notice on this one? SHERIFF HIERHOLZER: Is it 14 on this one? Fourteen days. JUDGE HENNEKE: Okay. December the yth at -- do we have anything else on that day? MS. SOVIL: Not yet. JUDGE HENNEKE: Okay. December 9th at 10 o'clock. Is that your motion? COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. DODGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court approve application for the 2002 LLEBG grant and set a public hearing on same Tor 10 o'clock a.m. on Monday, December the 9th, here in Kerr County Commissioners Courtroom. Questions"? COMMISSIONER LETZ: Question is, do we approve it now or approve it after the hearing? i~-t'- _ 39 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 1/ 18 19 20 ~1 22 ?3 24 ~5 JUDGE HENNEKE: Approve the application, I believe. SHERIFF HIERHOLZER: The application is automatic; we just get notice of it each year now. COMMISSIONER BALDWIN: Basically, we're setting the date. JUDGE HENNEKE: We11, I -- SHERIFF HIERHOLZER: That's the way it's written. JUDGE HENNEKE: It said "approved," so I want to approve something. COMMISSIONER WILLIAMS: Approval is actually the grant. SHERIFF HIERHOLZER: Just setting a date for the hearing. But, see, the application used to -- when we first started this, I came to you and asked you if we could apply for the grant, which was approving us applying for the grant. Now, since we've been doing it for a number of years, the application is kind of automatic by the Department of Justice. We just have to make sure we submit it with the City of Kerrville. JUDGE HENNEKE: Okay. Let me restate the motion, then. The motion is to approve the LLEBG -- LLEBG grant and set a public hearing for 10 o'clock on December 9. Any ether questions or comments? If not, all in favor, it-i_- 1 2 4 S 6 7 8 q 10 11 IL 13 19 15 16 17 18 I9 20 ?1 ~~ 23 24 25 40 raise ycur right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item number 8, consider and discuss approval of contract with Kendall County to board prisoners Yor Kendall County. SHERIFF HIERHOLZER: This is the original. County Attorney Motley has not signed that yet, but it is exactly the same as the contracts we have with the other counties. Kendall County had asked us a couple months ago to house some of their inmates; they were getting overcrowded, so we told them we would. At that time, I got with their County Judge. They said fine, so we did the contract, sent it over to their Judge, and everybody has already signed that contract. We don't have any of their inmates at this time, but it's just one of those where we can have it on file in case it happens again. When they do want us to house some, then we can. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve contract with Kendall County to board prisoners from Kendall County in the Kerr County jail. Any questions or comments"? _~-_.- _ 41 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~3 24 ~5 If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. SHERIFF HIERHOLZER: Thank you. JUDGE HENNEKE: Thank you, Sheriff. Want to do the constable now? Let's go on to Item Number 9, consider and discuss appointment of constable for Precinct Number 1. Commissioner Baldwin. COMMISSIONER BALDWIN: Yes, sir. Due to the recent elections, the voters choosing Mr. Pickens as the new constable of Precinct 1, and due to the workload that sometimes barks up in the J.P.'s office there, and us having to ask other people for help, I thought that we'd just go ahead and appoint Mr. Pic}:ens to fill the unexpired term; that is, through January -- December 31. And then, January 1, I assume that he will be sworn in as the new constable for a four-year term. So, my motion is that we appoint Bobby Pickens to fill the unexpired term. COMMISSIONER WILLIAMS: Second. JrJDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court appoint Bobby Pickens to fill the unexpired term of Constable, Precinct 1, which is through December 31st, the __ _~-o_ 1 L 3 4 b 5 7 8 9 10 11 12 13 14 1S 16 li 18 ly ~0 ~' 1 ~2 23 24 25 42 year X002. COMMISSIONER BALDWIN: I -- Mr. Pickens, I haven't spoken to you about this. I assume that it would be all right for us to do this? MR. PICKENS: Yes, sir. And, for correction, it would be to be sworn in January 1st of 2003 to December 31st of 004. That's when we'd have to run for office again. JUDGE HENNEKE: Well, that's the term that you just won, but we're appointing you for the time from today until January lst. MR. PICKENS: Right. COMMISSIONER BALDWIN: Right. COMMISSIONER GRIFFIN: Just a quick technical question. There's a bonding issue here that we might ought to address -- COMMISSIONER BALDWIN: COMMISSIONER GRIFFIN: DODGE HENNEKE: Well, bonded. There is money in the -- COMMISSIONER GRIFFIN: JUDGE HENNEKE: -- in Constable, Precinct 1, for bond. Co sure that that was covered. So -- COMMISSIONER BALDWIN: Yes, sir. -- in the same motion he'll have to go get There is money? the budget for umissioner Baldwin made Everything's set. 1 1 - 1 _' „ _ 1 2 3 4 5 E 7 8 5 10 11 1L 13 14 15 16 17 18 19 20 21 ~~ L 5 24 25 43 He's going to have to office out in the yard for a couple of months, but -- COMMISSIONER LETZ: I thought we couldn't -- is it different than -- I thought there was some issue about how -- that we couldn't appoint constables. COMMISSIONER BALDWIN: Well, the -- COMMISSIONER LETZ: This is a -- COMMISSIONEP. BALDWIN: This is a different animal. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Go to work. Mk. PICP:ENS: Thank you. (Laughter.) MS. PIEPER: Excuse me, Judge. Who seconded the motion? JUDGE HENNEKE: Commissioner Williams did. COMMISSIONER WILLIAMS: He'll be sworn? JUDGE HENNEKE: He'll have to be sworn -- have to get his bond, get sworn in. COMMISSIONER BALDWIN: We can't do everything 44 1 2 3 4 5 6 7 8 9 10 li 12 13 14 15 15 1/ 18 ly 20 21 23 24 Z5 for the guy. And it is -- and my motion, of course, is effective today, immediately. JUDGE HENNEKE: Correct. As soon as he qualifies, he takes office. COMMISSIONER BALDWIN: That's exactly right. JUDGE HENNEKE: Let's go ahead and take up Item 12 before we open the bids, which is consider and discuss approval of lease agreement with the Arts and Crafts Fair Foundation. I know Mr. Miller is anxious to -- anxious may be not strong enough a word. COMMISSIONER BALDWIN: Yeah, he's always a little anxious. JUDGE HENNEKE: Mr. Miller, can you come -- let me say preliminarily that the Court is exercising its authority, pursuant to the powers contained in Article -- Section 320 of the Local Government Code, which the Court specifically assumed at its last meeting with respect to this 7.1, more or less, acre tract of land. MR.. MILLER: Good morning, Judge and Commissioners. The draft of the lease agreement that is in your hands this morning, the only change that has been made from the original lease agreement that you were provided was the removal of any reference to maintenance work by the County, period. We just said we'd leave that out of the lease and we'd negotiate on a case-by-case basis in the 1 2 3 4 5 6 7 ft 9 10 11 1~ 13 14 15 15 17 18 19 2n L1 ~~ 23 ~4 25 45 future. JUDGE HENNEKE: Does anyone have any questions or comments? COMMISSIONER GRIFFIN: I move we approve the lease and authorize County Judge to sign same. COMMISSIONER BALDWIN: I'll second it if he promises me we're going to have bluegrass music out there twice a week at noon. MR. MILLER: What time, sir? COMMISSIONER BALDWIN: Twelve noon. MR. MILLER: I'll do my best. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court, under the authority granted in Section 3~0 of the Texas Local Government Code, approve a lease between the County and the Texas Arts and Crafts Educational Foundation, Inc., for approximately 7.18 acres of land frontinq on State Highway Number 27 and adjoining the Kerr County Agricultural Facility, more particularly described in the lease. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: OppOSed, Same Sigri. (No response.) JUDGE HENNEKE: Motion carries. 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 1/ 18 19 Zn 21 ~, 23 ~4 25 46 MR. MILLER: Thank you, gentlemen. Did you get a legal description back there? JUDGE HENNEKE: Yes. Yes. MR. MILLER: Okay. I wanted to make sure. Thank you, gentlemen. JUDGE HENNEKE: Thank you. Okay. What do we want to do next? We're picking these off before -- COMMISSIONER GRIFFIN: 13? JUDGE HENNEKE: No, let's go back and let's do 10 -- okay, let's go ahead and do 13, consider and discuss approval of contract between Kerr County and the Kerr County Soil and Water Conservation District, and authorize County Judge to sign same. The contract is part of our packets. Anyone have any questions or comments regarding the contract? COMMISSIONER BALDWIN: Move for approval. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court approve the contract between Kerr County and the Kerr County Soil and Water Conservation District, and authorize the County Judge to sign same. Any questions or comments? If no*, all in Lavor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. ~: i -~,~ 47 1 2 3 4 5 E 8 9 10 11 12 13 14 15 16 17 18 19 70 G1 23 24 25 (No response.) JUDGE HENNEKE: Motion carries. Item Number 19, consider and discuss approval of paying the election judges, alternates, and clerks for their service performed in. the General Election. Jannett Pieper. MS. PIEPER: Gentlemen, I just brought this before the Court so that we could get the judges and alternates paid in a timely manner, rather than making them have to wait until our newt court date. COMMISSIONER WILLIAMS: That's it? MS. PIEPER: That's it. COMMISSIONER WILLIAMS: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Williams, second by Commissioner Baldwin, that the Court authorize payment of the election judges, alternates, and clerks for their service performed in the recent General Election. Any questions or comments? If not, all in favor, raise your right hand. iThe motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Jannett, how did it go? MS. PIEPER: Very well. _"- 48 1 3 4 5 6 7 8 u 10 11 12 13 14 15 16 17 18 19 2G 21 22 23 24 25 JUDGE HENNEKE: I will say that I was very pleasantly surprised by how early voting went. Did you get any -- MS. PIEPER: I got a lot of good comments on the location, because people were able to come and do their car tags and pay their taxes; at the same time, they were able to come down and vote. So -- and the location, they said, was great. COMMISSIONER WILLIAMS: What was the final tally on early voting, Jannett? MS. PIEPER: I have seen so many figures since then -- I think it was around 5,700 something. I'm not real sure. COMMISSIONER BALDWIN: We11, as you know, I sometimes act as a hall monitor at the courthouse, and I directed a lot of folks down there to vote, and I -- I actually stopped and asked some of them, "Was that a nice experience for you?" And everyone enjoyed it very much. And I commend Commissioner Let? for his foresight and good, general knowledge. MS. PIEPER: It made it much easier on my staff, as wei1, because that way every night we could just load the ballot boxes and ballots on the little cart and just pull them up and lock them up in our election room. COMMISSIONER WILLIAMS: Turned out good. 49 1 2 3 4 5 6 7 8 9 10 11 l~ 13 14 15 16 17 18 19 ~0 zl ~~ ~3 24 25 JUDGE HENNEKE: And well done. When we read about the problems at certain other areas of the state, we're just glad we're here. Okay. At this time -- COMMISSIONER LETZ: Did we vote on that? JUDGE HENNEKE: Yeah, we voted on that. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Yeah, we voted. MS. PIEPER: Yes. JUDGE HENNEKE: At this time, let's go ahead and gather up the bids on the road grader, and we'll take action on those here very shortly. Do you have any other bids, or is this the only one we have? MR.. ODOM: There was supposed to be another bid. COMMISSIONER WILLIAMS: What number is the road grader? JUDGE HENNEKE: Let's call up Item Number 6, which is opening of sealed bids for the lease of the motor grader. I have been presented with one bid. (Discussion off the record.) JUDGE HENNEKE: Without any objection, I'm going to go ahead and open the bid. The bids were to be turned ir, to the County Clerk by 5 o'clock last Friday, so any bids that were -- would be received at this time are not timely. Bid form for lease of motor grader with scarifier. .-i_ 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 ~~ 23 24 25 50 This is from Holt, and the amount of the bid is $77,550. That's a five-year lease at $1,280 per month, plus a guaranteed repair expense of $750, for a total of $77,550. At this time, I would entertain a motion to refer the bid to Road and Bridge Department for evaluation and recommendation. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Baldwin, that the Court accept the bids from Holt Equipment for motor grader and refer same to the Road and Bridge Department for evaluation and recommendation to the Commissioners Court. COMMISSIONER BALDWIN: Judge, we're probably going to be here a few more minutes. I mean, do you think that -- MF.. ODOM: I would accept it. I'm ready to go. COMMISSIONER BALDWIN: You're ready to go with it? He's ready for approval. JUDGE HENNEKE: He needs to look at it to make sure that it meets -- MR. ODOM: I think I made them put it down as such, that we were going to have enough time to look at it. We sent some out -- _ . - 1 . - " _ 51 1 2 3 4 5 6 R 9 lU 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Road and Bridge Department needs to look at it and make sure that the equipment that's been proposed meets the specification. So, at this time, if they want to come back to us today while we're still here, we'll be happy to -- well, I don't know if we can or not, looking at the agenda item. COMMISSIONER LETZ: We can take a break and -- well -- JUDGE HENNEKE: But the agenda item doesn't call for approval. COMMISSIONER LETZ: Oh. JriDGE HENNEKE: All in favor of referring the bid to Road and Bridge Department, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. At this time, I think I'd be in favor of taking a little break. We'll take a break at this time and return at 10:15. (Recess taken from 10:01 a.m. to 10:15 a.m.) JUDGE HENNEKE: All right. Let's reconvene this regular session of the Kerr County Commissioners Court. Next item for consideration is Item Number 10, consider and discuss for information purposes Kerrville South wastewater .. __- ~_ 1 .r,. G 3 9 5 r 8 9 10 11 ' l~ 13 14 15 lh 17 19 19 20 21 22 23 24 25 52 Project status report as of October 29, Year 2002, and a notice to proceed in the Oak Grove M.H.P. issued to the contractor. Commissioner Williams. COMMISSIONER WILLIAMS: Just kind of an F.Y.I., Judge. I attended a lot of -- a lot of summits going on, but I attended one that's a little unusual here. We got together with the grant people and the engineering people and U.G.R.A, people and discussed the project, wastewater -- P"errville South Wastewater Project status as of the 29th of Gctober, and all I want to do is present this to the Court as an F.'x.L., so you }:now exactly where we stand. There has been, in the pas t_, some confusion about what we have applied for, what has been funded, and what it's being used for, so I asked the Grantworks folks to put together for us, hopefully, an understandable spreadsheet in terms of what moneys we have, what moneys we've applied for, and what moneys are pending and what moneys we hope to attract for the project. And they have done that. And it -- also accompanying that spreadsheet is a map of the area, which derails where the money is being spent and the number of units. The units are identified in terms of -- of where the money is being spent and what work is going on. There is work currently under way. The engineer has given the contractor, Compton Associates, I believe it is -- Enterprises, ar. approval to move forward. ,,-~. 53 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 ~0 ~1 ^2 ~3 ^4 25 Fipes are being put in the ground even as we speak. I think it's important ro know exactly what we do or are doing. '01 -- ~OU1 Colonia grant, which the target area is for Oak Grove Mobile Home Park, that was awarded to the Court -- or the County for a halt a million dollars, and U.G.R.A. put up a match of $75,000, and all that contract work is underway. We have another grant for a quarter million for 200, Community Development Grant. It has been funded. Engineering is in t_he preliminary stages, and work. is supposed to begin in spring of '03 on that. We have an '03-'04 Community Development Grant which would propuse to take us from Ranchero Road at 16 down to Contour -- to Contour and Ranchero. Those funds are pending; should be available '03-'04 in the spring. That's a quarter of a million dollar grant, and the match for that firm O.G.R.A. has been 12,5, and that's been approved by them, The last one that the Court authorized was the '03 Colonia, which would deal with the remainder of the Loyal Valley area. Proposed funds there on Lhe Colonia grant would be a half million dollars. The match required would be $/O,U00, and O. G.R.A. will Lake up that issue in terms of its funding. They'd already approved $55,000 for that, and so they will need to take another look at another $15,000. And if they approve that, that increases our scoring by about 10 points, enabliuy us to get up, we .= u~ 54 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 believe, into the funding range. We missed the funding range in the initial application. You'll remember, we reapplied. We missed the funding range by about three applications. I think they funded 19 and we came in at 17. If we have that extra match, that puts us -- gives us another 10 points, and should assure funding for that particular one. So, that's kind of where it is. This just outlines exactly where the dollars are, what they were funded for, and the uses. The map shows you where the moneys are being spent, and as we work. our way down toward Camp Meeting Creek. I thought the Court would find that interesting to have an update cn that. COMMISSIONER LETZ: Thank you. JUDGE HENNEKE: Anyone have any questions or r_omments on the update as to the Kerrville South wastewater Project? Thank you, Commissioner. COMMISSIONER BALDWIN: Very good. JUDGE HENNEK.E: Item Number 11, consider and discuss and take appropriate action en an Easement Agreement between Riverhill Country Club, Inc., and the City of Kerrville, of which Kerr County is a party in interest due to construction of the Rolling Green Sewer Bypass, which is a part of the Kerrville South Sewer Project. Commissioner Williams. COMMISSIONER WILLlAMS: This particular 55 1 3 4 I 5 1 6 r 5 9 i 10 11 12 13 19 15 lb 17 18 19 20 ,' i ~2 23 24 GJ easement has been in the development and scrutiny phase for some time. Ir is a part of -- of this project, because part of the project requires building a -- constructing a bypass to the Rolling Green -- the City's lift station so they can take the increase in effluent unto their trunk line on Bandera Highway. Doing it this way, by taking out the Rolling Green station, saves the project considerable money, as opposed to taking the line up o~~er the top cf the hill by the old Schofield girls' school up on top. So, a local attorney had drafted this. I presented it to the County Attorney for his review. County Attorney had significant questions about the language. We might ask Mr. Morley if he would address the Court and tell us whether these problems have been ironed out so we can go ahead and approve this and get it out of the way. MR. MOTLEY: Well, we made the -- we had concerns -- or I had concerns about the real]y apparent discrepancies within the body of the easement agreement itself. It Indicates early on in the -- the easement t}iat the intent overall is fcr Kerr County to be responsible for construction -- the constructinnn contract portion of the project as it crosses the country club property, and that after that, the City, which is referred to in this document as the Grantee, would be responsible for the upkeep, maintenance, et cetera. And it said in tYie ayreement cn the ii-~_- _ 56 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 ly 20 21 22 2 i 24 25 very first page that once the contract for construction was completed, or on a date certain -- a specific date certain, that Kerr County was no longer a party to the contract, or to the agreed -- to the agreement or the easement, which was fine. But yet, then it went in about six or seven other places and had instances included in the easement where Kerr County would be held liable for damage or harm that occurred after they were no longer a party to the agreement, by the terms, and had liability - - or the requirement that we hold parties harmless for activity not related to construction, as it related to use and maintenance of the thing. And so I thought, well, if -- if the intent of the agreement is that we build it and we're out of it, let's make it that way, and so that's what I communicated to Commissioner Williams, and I've also talked to David Jackson a couple times. He sent over a new agreement, and the new agreement really only corrects one of those multiple references. And I -- I left voice mail with him that I'd like to see either a more global statement in the easement -- my real preference is just to quit saying in here that Kerr County is responsible for something if somebody is injured by faulty maintenance of this -- this line. 't'hen I -- if that's the responsibility of the City, and that's as it's intended to be, then that's what I'd like to see happen. I'd like to have them take Kerr County out _ 1 _ it 1 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 21 22 2I ~4 25 57 of that if we're not supposed to be responsible. And, so, it really hadn't -- I wouldn't say it was quite done yet, but it's very close. And I've left voice mail with David, and I think probably this is something that can be done very shortly. And I do know that this is urgent on the time frame, so as soon as David gets it to me, I believe we can present it to the Courr for signing. COMMISSIONER LETZ: Did the City hire David to do it? MR. MOTLEY: I think David's representing the country club. COMMISSIONER LETZ: Oh, representing Riverhill. MR. MOTLEY: 'Cause my -- Michael Hayes called about it, and I returned his call, but he's representing the City on it. But, again, I don't really know what to say, other than I feel like that if we're out of it, let's be out of it. And if -- you know, and I -- I even told him, I said, look, iT there's something -- there's an issue that arises that there was a faulty action taken -- there was a faulty action taken in the construction, then Kerr County would certainly be amenable to a lawsuit, just like anybody else. I mean, they sue us and we'll defend ourselves if they say we did something negligent during the construction phase, but I don't think Kerr County ought to 1 2 3 4 5 F 8 9 10 11 12 13 14 15 15 1 J 1R 19 20 21 ~~ 23 24 LS 58 be holding the City or anybody else harmless for anything that occurs outside of construction and outside of this time frame, and so I feel like I'm going to stick to my guns on that. COMMISSIONER WILLIAMS: So, you would be comfortable with -- if we brought this back on the 25th for action; is that correct? MR. MOTLEY: Well, do you have a copy of -- COMMISSIONER WILLIAMS: I have a copy of what was sent in the mail. I'm not sure it's the latest. MR. MOTLEY: Yeah, it is. It is. And what I'm referring to specifically, Commissioner, is on Page 4, the very end of that top paragraph, which would be Paragraph A; it's carried over from the previous page. COMMISSIONER WILLIAMS: Yes, sir. MR. MOTLEY: One sentence, and this is one of the six or seven occurrences. It says, "The liability of Kerr County hereunder shall be limited to the period of construction and shall not extend to the period after completion of construction and assignment by Kerr County of its rights hereunder to Grantee." Again, I'd like this to be set apart in a completely -- it makes no sense for me to say Kerr County is legally responsible -- liable to have to hold somebody harmless, and then come back and say no, they don't. Why not just take it out in the first place? So 11-1L.-~~~_ 59 1 3 9 J 5 8 9 10 11 12 l~ 14 15 16 17 18 19 ~0 21 22 ~3 24 ~J that's -- COMMISSIONER WILLIAMS: You want that removed? Is that what you're saying? MR. MOTLEY: Either removed, or I'd like to have that paragraph at the end of every place where I think that we have inconsistent provisions. Because the idea is, once we build it, we're out of it, except for something that comes up with the construction later. COMMISSIONER WILLIAMS: Have you conveyed these thoughts to Mr. Jackson? MR. MOTLEY: Sure have. COMMISSIONER WILLIAMS: All right. I'll put it back on the agenda for the 25th. MF. MOTLEY: I thin:{ we'll probably have something real quick. If need be, I think I might be able to scan this and -- and make the change myself and send it to him for approval, if that might help. COMMISSIONER WILLIAMS: Whatever will get it done. MR. MOTLEY: I want to get it done. So, that's my comments on it. COMMISSIONER WILLIAMS: Thank you. JUDGE HENNEKE: Gkay. COMMISSIONER WILLIAMS: We'll pull it. JUDGE HENNEKE: We'll bring this back at such 11-12-0. 60 1 2 3 4 5 h 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 time as we have the final document for presentation. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: Next item is Item Number 15, canvass of the 2002 General Election, per Texas Election Code. County Clerk, Jannett Pieper. MS. PIEPER: Judge, I be]ieve in your -- the backup, you have the totals that was taken out of our -- from our printouts. And then I'd also put up a list of all the write-ins, and you'll just need to call those out and approve them. JUDGE HENNEKE: All rrgnt. wnc -- wno wanes to do the calling? COMMISSIONER LETZ: Go ahead, Judge. JUDGE HENNEKE: All right. I'll r_a11 off the kook. Go you want to tell me tf there`s any discrepanci?s? United States Senator: John Cornyn, 10,884. Ron Kirk, 2,997. Scott Lanier Jameson, 130. Roy H. Williams, 52. James W. "Jim" Wright, who was the write-in, 11. Onites States Representative: Lamar Smith, 11,349. John Courage, 2,47"1. D.G. Roberts, 184. Governor: Rick Perry, 11,15?. Tony Sanchez, 2,726. Jeff Daiell, 187. P.ahul Mahalan, 69. Elaine Henderson, a write-in, 15. And Earl W. "Bill" O'Neill, also write in, 23. 61 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Lieutenant Governor: David Dewhurst, 10,278, John Sharp, 3,635. Mark David Lessner, 158. Nathalie Paravicini, 77. Attorney General: Greg Abbott, 10,949. Kirk Watson 2,824. John Roland, 175. David Keith Cobb, 93. Comptroller of Public Accounts: Carole Keeton Rylander, 11,703. Marty Akins, 2,139. Bowie Ibarra, 128, Ruben L. Reyes, 703. Commissioner of General Land office: Jerry Patterson, 10,465. David Bernsen, 2,879. Barbara Hernandez, 347. Michael McInerney, 133. Commissioner of Agriculture: Susan Combs, 11,104. Tom Ramsay, 2,493. Vincent ~. May, 186. Jane Woodward, 1h6. Rai]road Commissioner: Michael Wil]iams, 10,496. Sherry Boyles, 3,017. Nazirite R. Flores Perez, 1P~. Charles L. Mauch, 129. Chief Justice, Supreme Court: Tom Phillips, 10,961. Richard G. Baker, 2,63tf. Eugene J. Flynn, 2,028. MS. PIEPER: 2~8. JODGE HENNEKE: I'm sorry, 228. Thank you. Justice, Supreme Court, Place 1: Michael Schneider, 10,651. Linda Yanez, 2,727, Quanah Parker, 366. Justice, Supreme Court, Place 2: Dale Wainwright, 10,709. Jim Parsons, 2,785. Brad Rockwell, ii-iz-.z 62 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 zl Le7 ~~ 24 25 187. Justice, Supreme Court, Place 3, an unexpired term: Wallace B. Jefferson, 10,697. William E. Moody, 2,882. Justice, Supreme Court, Place 4, unexpired term: Stevhen Wayne Smith, 10,13 . Margaret Mirabal, 3,499. Judge, Court of Criminal Appeals, Place 1; Tom Price, 10,862. John W. Bu11, 2,447. Stephan Kinsella, 229. Robert C. Owen, 161. Court of Criminal Appeals, Place 2. Paul Womack, 10,799. Pat Montgomery, 2,854. Court of Criminal Appeals, Place 3: CatYiy Cochran, 11,009. J.R. Molina, 2,925. Ollie Ruth Jefferson, 219. Member, State Board of Education, District l: Trini Munoz, 9,528. Rene Munoz -- Rene Nunez, 2,662. Catherine F. Harrel, 899. State Senator, District 29: Troy Fraser, 11,327. Steve Kirby, 1,200. State Representative, District 53: Harvey Hilderbran, 11,805. James E. Harrell, 10,063. COMMISSIONER WILLIAMS: 1,063. JUDGE HENNF.KE: 1,063, thank you. Chief Justice, Fourth Court of Appeals: Paul W. Green, 10,7E0. 11-12-~~ 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 21 22 23 24 25 63 Alma L. Lopez, 2,856. Justice, Fourth Court of Appeals, unexpired term: Sandra Byron -- Sandee Bryan Marion, 11,365. District Judge, 188th -- 198th District: Emil Karl Prohl, 11,755. County Judge: Pat Tinley, 11,657. Judge, County Court at Law: Spencer Brown, 11,621. District Clerk: Linda Uecker, 11,862. County Clerk: Jannett Pieper, 11,8]4. County Treasurer: Barbara Nemec, 1],762. County Sur~~eyor: Lee Voelkel, 11,770. J.P. 1: Vance Elliott, 3,405. J.P. ~. Dawn Wright, 2,987. J.P. 3; Kari Ingram U'Dell, 1,946. J.P. 4: Bi11 Ragsdale, 3,295. County Commissioner Number 2: Bill Williams, 2,966. County Commissioner Number 4 -- I don't have a total. COMMISSIONER WILLIAMS: 3,250. JUDGE HENNEKE: Is that correct? MS. PIEPER: That's correct., six, JUDGE HENNEKE: County Commissioner Number 4: Dave Nicholson, 3,250. ii-ia-"- f 1 1 1 1 3 4 5 6 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 64 Ccnstable, Precinct Number 1, unexpired term: Robert A. "Bobby" Pickens, 2,528. Mark Myers -- MS. PIEPER.: I think that should be 2,528. JUDGE HENNEKE: x,528 is what I have. MS. PIEPER: Okay, I'm sorry. I misunderstood you. JUDGE HENNEKE: Mark Myers is a write-iii, 1,07. Constitutional Amendment Number 1: Iii favor, 8,941. Opposed, 1,624. Do I have a motion to approve the official canvass of the votes of the November 5 election? COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Lets, that the Commissioners Court officially approve the canvass of votes of the November 5th, Year 200, election. All in favor, raise your right hand. !The motion carried by unanimous vote.) JUDGE HENNEKE: Okay. We'll pass around the book. COMMISSIONER BALDWIN: I tell you who I am proud of, and that's our County Surveyor. That son of a gun got 11,000 votes. I'm telling you what, bud. 11-L. _ 1 2 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 D4 25 65 COMMISSIONER GRIFFIN: Once again, Judge, if I may, I'd just like to congratulate Jannett on a greatly run -- great run election. MS. PIEPER: Thank you. But I could not do it, though, without all my staff. COMMISSIONER GRIFFIN: Yeah. We]l, and please pass that on to all of them. MS. PIEPER: Yeah. JUDGE HENNEKE: Court will next take up Item Number 16, which is consider and discuss sexual harassment complaint and any disciplinary action related thereto. We'll take up this item in Executive Session. The action pursuant to this item will be in open session following the Executive Session. So, all of you who are not cordially invited tc Executive Session may depart, please. (The open session was closed at 10:37 a.m., and an Executive Session was held, the transcript of which is contained in a separate document.) JUDGE HENNEKE: The Court having considered the sexual harassment complaint, let's now return to open session. Is there any action necessary as a result of the Executive Session? MS. NEMEC: Do we need to Lurn the miss back on? COMMISSIONER GRIFFIN: Gh. 1 3 4 5 6 7 8 G 10 11 12 13 14 1S 16 17 1R ly 2G 21 22 23 24 ~5 66 (Microphones turned on.) impartial investigation conducted, and that the facts as we know -- or the facts that were presented certainly indir_ate that there was some thoroughness to that investigation, and that -- that I would make the motion that the determination of -- of any outcome of that should be referred to the department head, and that such action, up to and including dismissal of the employee involved, is within his bound of authority and responsibility. And that -- but that the Court attests that we have accepted -- and this is the motion I would make, ,judge, is that. -- that we accept the fairness and impartiality of the investigation as conducted. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Griffin, second by Commissioner Letz, that the Court accept the investigation. into the sexual harassment complaint as appropriate and impartial, and finds that no further investigation is necessary. Any questions or comments? If not, all in favor, raise your right hand. ii i. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 25 57 (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Unless someone has anything else, that concludes our business today, gentlemen. CGMMISSIGNER BALDWIN: What about Leonard buying lunch? Did you -- JUDGE HENNEKE: Well that was -- your buying lunch, isn't that part of the motion? (Discussion oTT the record.) JUDGE HENNEKE: We stand adjourned. (Commissioners Court adjourned at 11:17 a.m.) ii-1~- .. 1 3 9 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 68 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 15th day of November, 2602. JANN~;,T~T/ PIE PER, Kerr County Clerk BY: ____ ~ ~~~r2t-~- - ---- _ Kathy Bani'k, Deputy County Clerk Certified Shorthand Reporter it-1~ c. ORDER NO. 27839 CLRIMS RND RCCOUNTS On this the 12th day of November, 2@@2, came to be considered by the Court various Commissioned pr^ecincts, which said Claims and Acco~_ints ar^e: 1@-General for 8116, 345.22; 14-Fire F'r^otection for• 88, 333.34; 15-Road ~ Nridge for 853,991.9@; 18-Co~_inty Law Library far 86, 128.7@; i9-F'~_iblic Library for 833,@98.34; 27-J~_iv Intensive F'r^og-State Aid Fund for 82,684.@@; 28-Records Management tF F'reser^vation for $35,86@.@@; 5@-Indigent Health Care for 812,@77.@2; 81-District Administration far 8184.83; 83-State F~.inded-c16th Dist Attorney for• 81,295.@@; 86-State Funded-216th llist F'rob for• 81,797.84; and 87-State Funded-Community Corrections for 84,399.98. TOTRL CRS'H REGlUIRED, RLL FUNDS: 8276,196.17. Upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-@-@, to pay said accounts. ORDER NO. X784@ BUDGET RNENDMENT IN DISTRICT CLERK On this the i~th day of November, c@@2, upon motion made by Commissioner- Let=~ seconded 6y Commissioner Baldwin the Co~_~rt unanimously approved by a vote of 4-@-@~ to tr•ansfer• X597.5@ from Line Item No. 1@-45@-41'~ Microfilm Records to Line Item No. 1@-456-~@6 Bonds and Insurance. The Co~.inty Ruditor^ and County Treasurer are hereby authorized to write a hand check in the amount of $1,837.5@ to First Insurance Agency for Professional Liability Insurance Renewal. ORDER N0. 7841 BUDGET RMENDMENT IN ELECTION EXPENSE Un this the 12th day of November-, 2002, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Co~_irt unanimously approved by a vote of 4-Q-0, to transfer 547.85 from Line Item No. 1N-402-2121 Ballot Expense to Line item No. 10-4~2-4~0 Notices. ORDER NO. ~784c RF'F'ROVRL OF LATE RILL TO OFFICE DEPOT On this the lEth day of November, 200c, upon motion made by Commissioner Williams, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, to transfer $c94.03 from Line Item NO. 10-J1G-310 Office S~_ipplies and 'bE'34.~~ from Line Item No. 10-56Q-310 Office Supplies. The County A~_iditor and Co~_inty Treasurer are her~e6y authorised to write a hand check in the amount of SJAB. ~J payable to Office Depot. ORDER N0. 27843 RCCEp'f MINUTES RND WRIVE RERDING On this the 12th day of November, c202, upon motion made by Commissioner Baldwin, seconded by Commissioner Letz, the co~.ir•t unanimously approved by a vote of 4-0-0, waived reading and approve the following mini_ites: Kerr County Commissioners Court Regular Session T~_iesday, Octo6er^ 15, 20Q~c, '3:@0 a. m. and Kerr• Coi_inty Commissioners Co~_irt Special Session, Monday, October 28, 20x2, 9:00 a. m. ORDER NO. X7844 RENEW R6REEMENT WITH KERR COUNTY MARKET ASSOCIATION On this the 18th day of November-, 2@@~, upon motion made by Commissioner Paldwin, seconded 6y Commissioner- Williams, the Co~_rr-t unanimously approved by a vote of 4-@-@, to extend the Rgr•eement with the Ker•r• County Market Days Rssociation for continued use of the Co~_~rtho~_ise gr•o~ands on the second and fo~_irth Sati_irdays of the year commencing in Rpril, running through the end of the year. ORDER NO. c7845 RESOLUTION OF AFF'RECIATION TO RUTH PRIEST On this the loth day of November-, 2QQ~c, upon motion made by Commissioner- Williams, seconded by Commissioner- Griffin, the Court unanimously approved by a vote of 4-0-0, a Resolution of thanks and appreciation to R~_ith F'r-iest for her years of service on the t