1 ~` 1 2 3 4 5 6 7 8 9 10 11 1^ 13 14 15 16 1~ 18 19 20 21 22 23 29 Z5 KERR COUNTY COMMISSIONERS COORT Special Session Monday, December 23, 2002 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas f ., PRESENT: FREDERICK L, HrNNEKE, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 LARRY GRIFFIN, Commissioner Pct. 4 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 2 I N D E X December 23, 2002 PAGE --- Commissioners Comments 3 1.1 Pay Bills ,~7i[r' 11 1.2 Budget Amendments 7561-;i7~d~ 11 1.3 Late Bills 19 1.9 Approve and Accept Monthly Reports.~~'7yCy 19 2.1 Revisions to the Interlocal agreement between Kerr County and the U.G.R.A. for the Kerrville South Wastewater Project 20 2.2 Award Bid for lease of new wheel loader, authorize County Judge and County Attorney to sign same ;~ 7°iorj 32 2.3 Award bid for reconstruction, Sheppard Rees Road 33 ~4 7`i c~- 2.4 Approval of appointment of election staff for the bond election as per Texas Election Code ~7 i/''I 36 2.5 Purchase of 12' x 24' portable office building for the HCYEC manager and events booking agent 37 2.6 Ratify Resolution for Guadalupe County Judge James E. "Jim" Sagebiel ~;~9ag 41 2.7 Approve bonds of newly elected officials ~7~'~`/ 92 2.8 Approval of Mutual Aid Agreement for Regional Councils of Government, authorize County Judge to sign same qq 2.9 Ratify Resolution in recognition of Calvin R. Weinheimer ~7 ;^/C 46 --- Adjourned 57 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 3 On Monday, December 23, 2002, at 9:00 a.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: Good morning, everyone. It's 9 o'clock in the morning on Monday, December 23rd. Merry Christmas to each and every one of you. Let's reconvene this Kerr County Commissioners Court for the last time this year. I believe, Commissioner Griffin, you're up this morning. COMMISSIONER GRIFFIN: Yes. Please stand, if you will, and join me in a moment of silent prayer in this very special time year, to be followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: At this time, any citizen wishing to address the Court on an item not listed on the regular agenda may come forward and do so. Is there any citizen who'd like to address the ~~ourt on an item not listed on the regular agenda? Seeing none, we'll turn to the Commissioners' comments. We'11 start with Commissioner Griffin. COMMISSIONER GRIFFIN: Yes. Congratulations i=-~?-n< 4 1 2 3 4 5 6 7 ft 9 10 11 1G 13 14 15 16 17 18 19 20 21 22 23 24 25 to the Bandera football team. COMMISSIONER BALDWIN: Right. Very good. COMMISSIONER. GRIFFIN: Winning the state ~~hampionship. It's just -- they're in the right district. It's just too bad it wasn't Ingram. But, great season for them, and I think we all owe them our congratulations. That's all. JUDGE HENNEKE: Commissioner Baldwin? COMMISSIONER BALDWIN: I echo that. That's on my notes here, congratulations to the Bandera Bulldogs, state champions. First time in history in any sport. And Jesse and I went over there Friday night to their community pep rally, and it was -- it was so much fun. I mean, this small town stuff is just -- it don't get any better than that, buddy. It was fun. So, I want to remind everybody that today is the Christmas courthouse luncheon, 12 noon -- 11:30 -- 11 o'clock. JUDGE HENNEKE: 11 o'clock. COMMISSIONER BALDWIN: 11 o'clock. COMMISSIONER WILLIAMS: Let's just move it up to 9:00, make it breakfast. COMMISSIONER BALDWIN: Deep-fried -- we're having deep-fried turkey for breakfast at 8:30. 11 o'clock. A~~tually, I knew that. I was just testing you guys to see if y'all were up on it. But, anyway, that's today. And 1 _ 3 _ 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 ~3 24 25 5 then I wanted to remind everyone that on January 1, at 10 a.m., we will have a -- the swearing-in ceremony upstairs. I think there is -- I don't know, six or eight newly-elected officials, or elected officials that will be sworn in up there January 1, 10 a.m., and everybody's welcome to come to that. Last, but not least, I want to say thank you to Judge Henneke and Commissioner Griffin for your hard work on the Commissioners Court. I remember -- I remember that years ago, the Commissioners Court here, and almost everywhere you go across the state, was always in a crisis control mode. I mean, everything -- you get together to try to fix things that have exploded throughout the county system, and -- and it's kind of fun. It was certainly a challenge, but it was mostly uncomfortable. My point is, it's not that way any more here, and I think it's due to the attitude that you guys took on when you first came in of being proactive. Just those two words, pro-active, on all issues that come before the county. And just by doing that, I think Kerr County government has turned the corner of conducting business in the way it should be. And, plus, I want to say thank you to you two guys for working right up to the last minute, and both of you have been very helpful to all of us, I'm sure, especially me, right through the last minute of your term, and I want to say thank you, and I appreciate you guys doing i_ _~-n. 1 3 4 5 6 7 R 9 10 11 12 13 19 15 15 17 18 ly 20 21 22 23 29 25 6 that. That's all. COMMISSIONER GRIFFIN: Thank you. COMMISSIONER BALDWIN: If I talk any more, I'm going to start crying, so -- JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: We11, I'll echo the sentiments earlier expressed about the Bandera Bulldogs. That's great, particularly for a town that focuses, as most small towns do, on their school system and their school, so I offer our congratulations to them. I want to save my comments regarding the Court to the end of the session, but I do want to talk just for a moment about the airport and the Airport Advisory Board and the Airport Manager. Most everybody knows the Airport Manager, Megan Caffall, has resigned, taken a position with TexDOT in its Airport Division. We wish her well in her new endeavor. She did a very good job for the City of Kerrville and Kerr County. The question comes -- and we asked -- the Judge had asked me; I said I would look into it, as to the replacement for -- the replacement and replacement process for a new Airport Manager. So, I inquired, and temporarily Paul Knippel, the City's engineer for facilities and so forth, responded, and he indicated that the advertisement for the position will be initiated this week, I believe. In the meantime, he's accepting inquiries from prospects and so -- -' ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2U 21 22 23 24 ZS 7 forth and so on. I had an opportunity to bump into the new chair of the Airport Board, Dr. John Davis, and he asked my opinion on several matters, and he has written to the -- to the City Manager, Ron Patterson, about this. I'm not going to read the letter, but the sense of the letter is that he believes, and I concur with him, that the Airport Manager's position should be full-time, not part-time, not shared by -- within the city structure with other functions. The airport has grown to the point that it requires almost full-time attention, and the new Airport Director should probably be a full-time employee, and not split time doing other things, and that that position should be covered in the airport budget in the future and divided equally between the County and the City. So, that brings you up-to-date on that process. We don't have a new one yet, but we should have one -- he also believes that -- Dr. Davis does -- that the County needs to have an input into the selection process. JC~DGE HENNEKE: Okay. Jonathan? COMMISSIONER LETZ: That was a lot for the end of the year. COMMISSIONER WILLIAMS: For having nothing, that's a lot. COMMISSIONER LETZ: Just two comments. One, 1, _, 1 2 3 4 6 7 8 9 10 11 12 13 19 15 16 I/ 18 ly ?~ 21 22 LS 24 25 8 I met with TexDvT and engineers and Road and Bridge on Hermann Sons, and we're going to have a low -- I guess an alignment for the bridge by the first of the year, which is progress. I mean, we at least know where we're going to go exactly. That will not be changed after that date. The last thing, really, we're waiting on is to talk to the County Attorney to make -- on some right-of-way issues, assuming we go through condemnation, which I believe we probably will. But, anyway, it's moving forward, and I think probably most of the Court saw what we got back from TexDOT kind of saying that, yes, the bridge is a high priority. And I've talked to Congressman Smith's office, and he is in the process, I believe, of writing a letter to TexDOT, putting a little extra punch behind it. He thinks this is an important project, and hopefully funding comes through as scheduled or before schedule. The other thing -- last thing I have to say is, I echo what Buster said; I thank Judge Henneke and Commissioner Griffin. Enjoyed working with y'a11. fall accomplished a lot. We accomplished a lot. And you'll be missed. COMMISSIONER GRIFFIN: Thank you. JUDGE HENNEKE: Thank you. Couple things I'm going to say right now. I may have some things to say later. In keeping with the tradition we've established here of recognizinq er.cellence among County employees, I want to ~ -~~-n_ 1 2 3 4 5 ti 8 9 10 11 12 13 14 15 16 17 lft 19 20 21 22 23 24 25 y point out that Mike Lindemann at the Kerr County Juvenile Detention Center was named the Detention Center Supervisor of the Year by the Texas Juvenile Probation Commission at their annual meeting. Mike is no longer at the Detention Center. He purchased a -- a detention center in Rockdale and has moved on to become the owner and operator of that, or is in the process of that, but I think it's a tribute not only to Mike, but to Tanna Brown and the staff at the Juvenile Detention Center, that not only is the center recognized as probably the finest juvenile detention center in the state, because of the quality of the programs they offer out there, but one of the individuals under her leadership has been recognized as the Detention Center Supervisor of the Year. I think that's a noteworthy accomplishment. I also want to congratulate the Kerr County Historical Commission on the near completion of the Union Church. The Union Church has been a project of the Historical ~_ommission since I took office, and they're now in the position where they're going to have a service tomorrow at 3 o'clock., which will oe 145 years since the first service. First servir_e was Christmas Eve, 1887, I believe it was. And I've been asked to attend the service in order to receive the keys on behalf of the County, because the property does belong to the County. So, I think -_ ~, ~~ 1 2 3 4 S 6 7 5 9 10 11 12 13 14 15 16 17 18 19 ?0 21 2L 23 24 75 10 it's a wonderful accomplishment. It's a beautiful structure. If you haven't had a chance to look at it, drive by. It's not completed inside yet, but it will be shortly, and it's going to be something we can all be proud of. And in the future, the Court may wish to consider having a meeting out there at some time in order to recognize the significance of the oldest structure still standing in Kerr ~~ounty, I believe. Finally, 1 notice the General Manager, departing, of the O.G.R.A. in the courtroom, and I want to extend, again, my personal thanks to Jim Brown for his efforts on behalf of Kerr County as General Manager of the U.G.R.A. When Jim took over the O.G.R.A., quite frankly, U.G.R.A. was nothing more than the water -- off-book water department of the City of Kerrville. And under his leadership and under the direction of subsequent boards of directors, the O.G.R.A. has actually become a functioninq river authority, which has in progress a huge number of significant projects that will benefit Kerr County immensely for the near to far future, far beyond the project we have wi Lti them, which is the wastewater treatment project in Kerrville South. And so I want to wish Jim good luck in your future endeavors, and thanks for all your help in the past four years. Having said that, let's go to work, pay some 1c-'~-"- 1 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 1~ lfl lU 20 G 1 22 L i 29 ~5 11 bills. Mr. Auditor, do we have any bills to pay? MR. TOMLINSON: As always. JUDGE HENNEKE: Anybody have any questions or comments regarding the bills as presented? COMMISSIONER GRIFFIN: I move we pay the bills. COMMISSIONER BALDWIN: Second. JC~DGE HENNEKE: Motion by Commissioner Griffin, sesoi~d by Commissioner Baldwin, that the Court authorize payment of the bills as recommended and presented by the Auditor. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Budget amendments. Commissioner Baldwin, how ran we have budget amendments at Christmas? COMMISSIONER BALDWIN: I don't know. The budget's not even dry -- ink's not dry yet. JUDGE HENNEKE: Number 1 is from the County Treasurer. MR.. TOMLINSON: This amendment is to renew the surety bond for County Treasurer. It's for $266.25, and the Treasurer's asking to transfer that -- that amount from ,., _,_ 12 1 2 3 9 5 6 7 8 9 10 11 1~ 13 14 15 lb 17 18 ly 20 Zl 22 Z3 24 ~5 Office Supplies in the budget. COMMISSIONER BALDWIN: Tommy, is it bonds or insurance? MR. TOMLINSON: It's bonds. COMMISSIONER BALDWIN: Bonds, like most of them are. So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court authorize Budget Amendment Request Number 1 for the County Treasurer. Any questions or comments? A11 in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No response.) DODGE HENNEKE: Motion carries. Number ~ is for the District Clerk. MR. TOMLINSON: Okay. This is the same issue, for the renewal of the bond for the District Clerk. The Clerk is asking that we transfer $87.50 from her Lease Copier line item into Bonds and Insurance. CGMMISSIONER BALDWIN: So moved. COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Motion by Commissioner 1 _ % ! " - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ ~3 24 25 Baldwin, second by Commissioner Williams, that the Court authorize Budget Amendment Request Number ~ for the District Clerk. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Number 3 is for Constable, Precinct 1. MR. TOMLINSON: Okay. This amendment is a request from -- from Constable Pickens to transfer $500 from his TCLEOSE Training line item, $2,457.66, from Official Salary line item, and $142.39 from Group Insurance. Those are to set up accounts for Office Supplies, $500; Books, Fublications, and Dues for $500; Telephone, which is a new line item that wasn't in his budget originally, for $500; Vehicle Repairs and Maintenance for $500; and Conferences for $1,000, and Miscellaneous for $100. JUDGE HENNEKE: Does anyone besides me have any questions or comments? COMMISSIONER LETZ: I have a few. COMMISSIONER GRIFFIN: Go ahead, Jonathan. COMMISSIONER LETZ: I mean, is there any justification for any of these expenditures, other than using the money that's in his budget? I mean, the amounts? 1_ _, 1 2 3 9 5 6 7 8 y 10 11 12 13 14 15 16 17 18 19 20 L 1 ~, 23 24 25 14 I mean, that's the first part of my question. The second part is, if he -- after these amendments, are those similar expenditure amounts for the other constables? MR. TOMLINSON: I didn't compare that, Commissioner. I just -- I know that -- that Constable, Precinct 1, prior to this had relatively no office expenses because most of it was paid for by the J.F.'s office. And that's part of it. That's -- as far as office supplies and the telephone and miscellaneous, those items were not in the constable's budget originally, so I -- I know that he -- he will have office expenses, since he's now resigned; he's not in that office any more. COMMISSIONER LETZ: I guess my question is -- I acknowledge that. I don't mind giving him the budget to carry out his office, but it appears that he has looked to find how much money was left in Official Salary and moved all that money to other line items. If he has, you know, real numbers as to what it's going to cost to run his oftice, other than just grabbing all the money that's there and redistributing it. But that's just my -- MN. 'POMLINSON: I can't answer that. COMMISSIONER GRIFFIN: The question I have is, do the other constables have conference line items? MR. TOMLINSON: They have training expense line items. Yes, they do. i ,-~ 1 2 3 9 5 7 a 9 10 11 l~ 13 14 15 16 17 18 19 ?0 ~l 22 23 7q 25 15 COMMISSIONER GRIFFIN: And Precinct 1 did not? MR. TOMLINSON: He had never used it. COMMISSIONER GRIFFIN: Oh. JUDGE HENNEKE: Remember who the constable of Precinct 1 was for however many years. Rosa, do you know? MS. LAVENDER: 26 years. COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: The question that I have is whether the Court can legally reduce an elected official's salary after the budget has been adopted. You know, always before, with Constable McClure, we set his salary lower than the other constables, and he deflected some of that money to reimburse his secretary -- the court coordinator for J.P. 1 and other things. It's like Constable Terrell out in Precinct 4. When we set his budget, we set his -- at his request, we have set his salary lower than the other constables and given him a deputy salary. I am not sure that it is legal to reduce the elected official's salary after the budget has been adopted. COMMISSIONER WILLIAMS: Is that really what's happening here, Judge? MK. '1'OMLINSON: We're not doing that. JUDGE HENNEKE: Well, we are. His official salary in the budget is $29,49 , and we're taking it down to 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 29 25 $7,034. Now, that's because for a couple of months he didn't draw salary. But, still, I'm not sure that it's -- that we can actually go in and amend the budget to reduce the amount of his salary after the budget. I don't know. It's a question I have. MR. TOMLINSON: Well, in the -- in the budget -- part of the budget that lists the salaries, the annual salaries for each elected official and each employee, that's a -- the supplemental part of the budget; that does not change. So -- so, the amount, the annual salary for a constable still remains the same in the supplemental part of the budget. What we're doing here is transferring the unused part of that to the these office supplies -- to these expenses. JUDGE HENNEKE: Okay. COMMISSIONER WILLIAMS: That's kind of the way I see it. We're taking a piece that's not going to be used, but we're leaving the salary the way it's supposed to be, the way it was set. MR. TOMLINSON: And we have -- it's unused, because that position was unfilled for some time. JUDGE HENNEKE: Okay. Do I have a motion to approve! COMMISSIONER BALDWIN: No. I mean, I -- even after I ask questions, I'm not going to make a motion to 1 , i-'~'- 1 2 3 4 5 7 8 u 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 17 approve this. JUDGE HENNEKE: Do you have some questions, then, Commissioner? COMMISSIONER BALDWIN: No. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: I have a question of why isn't that elected official in here to answer these questions? That would be my question. And I'm not willing to approve this until he is. JUDGE HENNEKE: Why don't we -- COMMISSIONER BALDWIN: He has money here to get him -- he can get along until our next Commissioners Court meeting. JUDGE HENNEKE: Why don't we just table this one, and then he can bring it back at the next meeting. COMMISSIONER BALDWIN: Cool. JUDGE HENNEKE: All right. COMMISSIONER GRIFFIN: And, Judge, I would also recommend that a comparison in those line items, as Jonathan alluded to, with the other constables -- JUDGE HENNEKE: We11, but -- COMMISSIONER GP.IFFIN: -- ought to be made, too. JUDGE HENNEKE: But, keep in mind that under this Court, we've given each elected official the authority 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 ~0 21 22 23 24 25 18 to spend the same amount of money in whatever way they want. COMMISSIONER GRIFFIN: Right. DODGE HENNEKE: So we've never said that each ~~onstable can only have the same dollar amount in the different line items, because they don't. COMMISSIONER GRIFFIN: No. And I -- and my point is, is that -- sort of a gee whiz, this sort of looks reasonable for conferences. This looks reasonable for -- not the precise amount, but just the -- JUDGE HENNEKE: He can probably do that. COMMISSIONER GRIFFIN: Sort of a credibility factor, if you will. DODGE HENNEKE: All right. Well, we'll table that one. If Constable Pickens wants to bring it back, he can come back at the next meeting. Budget Amendment Number 4 is for the County Clerk's office. MR. TOMLINSON: Okay. This request is to transfer $677.85 from her line item, Judges and Clerks, in Elections to Bonds and Insurance for the County Clerk's budget, and this is a renewal of her errors and omissions insurance. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. Ji_iDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve 1 3 4 6 7 8 9 10 11 12 13 19 15 16 l~ 18 19 20 L 1 '3 24 25 19 Budget Amendment Request Number 9 for the County Clerk's office. Any further questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. !Nc response.) JUDGE HENNEKE: Motion carries. Do we have any late bills, Mr. Auditor? MR. TOMLINSON: Yes, I have one. It relates to Item ~.?, for the award of the lease on the wheel loader. And I have here a -- a request to pay the first payment. JUDGE HENNEKE: Why don't we take that up with Item 2.~? MR. TOMLINSON: Okay, that will be fine. JUDGE HENNEKE: When we authorize the payment, we can ge ahead -- okay. All right. At this time, 1'd entertain a motion to approve and accept monthly reports. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUUGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, 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.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~? 23 29 25 20 JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Let's move directly into the consideration agenda. Item Number 1 is to consider discuss and take appropriate action on revisions to the interlocal agreement between Kerr County and the Upper Guadalupe River Authority for the Kerrville South Wastewater Project, and enter into a proposed agreement to rover pending and future projects. Commissioner Williams. COMMISSIONER WILLIAMS: As my colleague, Commissioner Baldwin, mentioned a while ago, this Court has been proactive in doing things that are beneficial for the people of Kerr County, and this Kerrville South Wastewater Project is one of these -- one of those things, in my opinion, that we've done that is good and leads to other things. You'll notice in the backip material that I presented to you, there's an interoffice memorandum from Mr. Brown at U.G.R.A., kind of cleaning up his desk and his files in anticipation of a change of leadership ar U.G.R.A. One of those things had to do with bringing the interlocal agreement between Kerr County and she Opper Guadalupe River Authority up to snuff in terms of what it is we are doing. So, working with Mr. Brown and Mr. Mosty, we have taken a look at the interlocal agreement and made those suggested changes that do, in fact, memorialize exactly what we're 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 doing and those projects which are currently in the conduit, approved by Y.err County Commissioners Court for doing, if funded by the appropriate state agencies. So, what this does is reflects those changes, but I want Richard and Jim Brown to address these changes for the Court and answer any of our questions that may be forthcoming. Richard? Jim? MR. BROWN: Richard, if I might, let me -- sorry T don't have this on a projector. JUDGE HENNEKE: That's all right; we don't have a screen. MR.. BROWN: These -- all of these projects here that are listed are projects that the Court has approved and have gone forward. Only this project here, the 2001 construction grant, has been approved, and that's -- that's this green area over here, which has Ranchero Road and Woods Drive, and also the big expense is the -- is the bypass of the Rolling Green lift station over in the edge of the R.iverhills Country Club and -- and Highway 173. The second area is the yellow area here, and that -- that application has been approved. It has been funded. We expect it to be funded sometime immediately after the first of the year, and that's -- that pushes into the Loyal Valley area, if you will. The third program, whicri is the 2003 Colonia Construction Grant program, the remainder of Loyal Valley, ._--3 ',_ ... 1 2 3 9 5 6 7 fl a 10 11 12 13 14 15 16 17 1~3 19 20 21 22 ~3 24 ~5 ~~ and then the -- the remainder of the area that we call -- between Ranchero Road and Camp Meeting Creek is this area here, and that application has not been -- it's been approved by the Court. I don't think it -- I don't think it's been submitted at this point. That area also includes this area north and west of Ranchero Road, which includes the mobile home parks and the apartments that -- that are down Ranchero Road from the Nimitz School. Now, beyond that, the heavy red line is this area here, which is Glen Oaks -- COMMISSIONER WILLIAMS: Royal Oaks. MR. BROWN: Royal Oaks. Royal Oaks. The City has three connections, I believe, in Royal Uaks at this time that is not in concurrence with their -- their current bond order and their ordinance. So, the City has asked U.G.R.A, to look at taking not only those three connections, but to expand into that area there. We have three people in this area who are not served who have indicated a -- a desire to be served. And then this larger area here, again, this is Ranchero Road. This is the area back -- well, north and west of Ranchero Road, but -- but on the -- as you look at the map on the left-hand side of -- of the Nimitz School. There are 16 people in here who have, in writing, submitted letters of interest. Noca, Kerr County Commissioners Court will not be asked to sponsor any sort of funding in these i_ _, ~~_ 23 1 .-. ^_ 4 5 6 7 r 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 two areas, because the socioeconomics of the area preclude the Texas Department of Housing and Community Affairs funding for these projects. These people have been told that if this project is done, it will have to be financed by same other method, which could be -- could range from the These two areas are not a part of the point out that this project continues to live and survive beyond the relationship that we're proposing in the -- in the document in front of you. The document in front of you approves the project that has been funded, 2001 Colonia Construction Grant. It does not take into consideration the 2002 C.D.E.B.G. or the other two projects in which the County has submitted application. So, what we -- what we are doing i s we hope we've proposed an inter]ocal agreement that allows fluid relationships in -- in this -- in the expanded areas. And I think you'll notice that -- that Mr. Mosty's draft of that interlocal agreement is such that it allows the -- the Court and U.G.R.A. to continue to -- to do these projects as they are funded by -- by the 'Texas Department of Housing and Community Affairs. In a nutshell, that's -- that's the logistics of the project, and I'll let Richard speak to the contract. For the record, my name is Jim Brown, General Manager of 24 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.G.R.A. MR. MOSTY: And I'm Richard Mosty, counsel for U.G.R.A. Let me first say what the proposed draft does not do. It does not commit this Court or U.G.R.A. to any additional projects. It's -- you've got some that have been approved, some that are pending submission, but it does not attempt to -- to commit this Court cr future courts or future U.G.R,A. boards to any future project, But, it is designed to try to be a master agreement under which future projects, if approved, can be -- can be funded. As we looked at it -- as Jim looked at it as he's going out, the current agreement only applies to one grant, and so -- and it also uses the Texas Department of -- whatever it is, which is now O.R.C,A. And so the plan -- the concept was to create a master agreement that would cover any colonia and community development projects that are now or that may be in the future prepared, and -- and you would go in the same deal. And second was to go in and clean up the language by taking out -- calling it O.R.C.A., by the new name and ttie new engineering firm. So, the -- the basic concept is to try Lo create a master agreement that every time a new project comes up, there wouldn't have to be a new interlocal agreement drafted. Questions about -- I -- I went through and tried to go through that. Judge Henneke and 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 29 25 25 Mr. Williams and Mr. Brown also went through it, and I -- I hope we got all the places changed from T.D.H.C.A. to O.R.C.A. or whatever. Be happy to answer any questions about it. COMMISSIONER BALDWIN: So, the old agreement was specific with one -- the one project? MR. MOSTY: Yes. COMMISSIONER BALDWIN: And we want to build a new agreement that would cover, for a ways, anyway, the -- O.R.C.A. may be something else next week. MR. MOSTY: It may be. This covers those that are right -- that are in -- that have been approved or are in the pipeline now, as well as gives the framework under which future ones could be addressed. COMMISSIONER BALDWIN: I mean, in -- I just received this a few minutes ago, and I'm not going to vote on it until 7 get to look it over and the County Attorney tells me I can, but in this document, it does not talk -- I mean, it's not listed as any specific project, or -- MR. MOSTY: No. COMMISSIONER BALDWIN: -- anything like that. You know, this area that Jim's -- Jim keeps talking about up here, the four or five people that would like to participate or whatever, that's -- those things are not in here. MR. BROWN: No, sir, because -- i~_ ~-~~~ 26 1 2 3 4 5 F 8 9 10 11 12 13 14 15 16 1? 18 19 2G .1 22 23 24 25 MR. MOSTY: And they wouldn't qualify under -- COMMISSIONER BALDWIN: Fight. MR. MOSTY: -- those two grant programs. COMMISSIONER BALDWIN: I'm with you lU0 percent. JUDGE HENNEKE: Any other questions or comments? COMMISSIONER LETZ: We11, Buster kind of stepped by or mentioned quickly, I guess, one comment I have. Has the County Attorney lcoked at it? And I think -- because I'm guessing no. COMMISSIONER WILLIAMS: He hasn'r seen these revisions. He approved the original. MR. MOSTY: Not to my xnowledge. COMMISSIONER LETZ: There -- 1 mean, I don't see the reason to do this today, without -- 1 mean, P d rather run it by the County Attorney. That's just my preference. MR. BROWN: U.G.R.A. -- before U,G.R.A. can write the check for this second grant that's about to be funded, we've got to be protected. This agreement -- and that's not. going to be -- that's not going to be the next two days. It will be sometime early January. MR. MOSTY: This is really to get this off t_ _ i- ~_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 ~~ ~ L L J 24 25 27 Jim's desk before he's gone, is the reason it's before you today. COMMISSIONER GRIFFIN: So, are you saying it could wait until the next court meeting? MR. BROWN: Yes, sir. Yes, it could. And, again, this is important to us, because we did not -- as you know, U.G.R.A. is fundin~7 this proer_t out of its own general funds -- a*_ least the local match funds cut of our general fund, not our tax fund, and so we need to be able to justify that to our auditors. So, that's why we need to do the umbrella. COMMISSIONER BALDWIN: I would challenge you, Mr. Brown, if you -- if you run downstairs and get the County Attorney to approve this right quick -- that's a great challenge, buddy. MR. BROWN: Yes, sir, I realize that. MR. MGSTY: I'm going to stay out of that. COMMISSIONER BALDWIN: Well, I'm not going any further with it, I can tell you that. COMMISSIONER WILLIAMS: Well, I tell you what we'll do. We will submit it to the County Attorney. Then -- I didn't have time to do it this time, but I understand the need or the desire of members of Lhe Curt to do that. We'll have him take a look at the changes, which are to the existing interlocal agreement, and briny it back 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~~ 21 22 23 24 25 za at a subsequent ccurt meeting for approval. I'd like to take a moment of personal privilege, if you don't mind, Judge. I'm going to also say thank to you Jim Brown for his years of service to Kerr County through the Upper Guadalupe River Authority. He has proven to be a very able and professional public servant, and I think the challenges that have been put before him, he has more than adequately met them to the benefit of the citizens of Kerr County. So, I personally want to say, as a member of this Court, Jim, I appreciate your efforts on behalf of Kerr County. Z wish you well in whatever you do. I'm glad you're not moving, 'cause I may want to pick up the phone and call you someday and ask you a question about a sewer or something. Thank you very much for being here this morning. We'll get this approved. And good luck in anything you do. COMMISSIONER BALDWIN: Hear, heal. MR. BF,OWN: Judge, if I might -- COMMISSICJNER LETZ: Let me -- I have one question back on this, if I may. MR. BROWN: Richard? COMMISSIONER LETZ: When does -- what is the date that you can guess that -- when Lhis needs to be approved by? And my thinking is, that way -- MR. BROWN: January 15th. _-.'3 ~_ 1 3 4 5 E 7 3 9 10 11 1L 13 19 15 16 1? 18 19 20 21 22 23 Z4 25 29 COMMISSIONER LETZ: 15th? Okay. So, I think we just need to put a memo out to the County Attorney that we need to have this approved or worked out by the 13th meeting. And I think we need to put that date certain in there, and let he and Richard work to -- MR. MOSTY: I'll e-mail him a red-line copy today. COMMISSIONER WILLIAMS: I'll send him a memo. Commissioner Baldwin and I send memos down there all the time. MR. MOSTY: When would it be back on the agenda? COMMISSIONER LETZ: 13th? I believe that's our -- MS. HAMILTON: Yes. COMMISSIONER WILLIAMS: Next meeting is the 13th. MR. MOSTY: I'll send him a note. COMMISSIONER WILLIAMS: It you'll do that, Richard, that will be helpful. I'll send him a memo down, a covering memo. MR. MOSTY: If he feels like -- or any member of the Court feels like I should come to turther explain, I'll be happy to. COMMISSIONER WILLIAMS: Good deal. Thank - -? ~i_ 30 1 3 4 5 E 8 9 10 11 12 13 14 1~ 16 1? 18 19 20 21 22 23 24 25 you. JUDGE HENNEKE: I'm -- MR.. BROWN: My parting word on the blotter that I'm turning over to my successor, there are also two other wastewater projects. I'm not sure the County will be able to participate in either of those, but they're very important. One is in the Center Point area, and that's probably going to be a U.S.D.A. grant, which O.G.R.A. will have to be the sponsor under its Chapter Sl W.C.& l.U. powers, The other project is what I call a near-west Kerr County, and that's the area between the city limits of Kerrville our to the city limits of Ingram, at this point excluding Greenwood Forest, because the people there have not indicated any interest. But there are several -- there are several industries -- there's taxidermy shops and some other industries; there's an industrial park, a couple mobile home parks in that area, and their septic systems are beginning to fail and they're surfacing. One of them is surfacing in the vicinity of a public drinking water well. Those -- there are a couple of developers out there willing to pay for the connect line -- the outfall line from their projects down to the Ingram Independent School District line. So, those are projects that we would ask the County -- Precinct 2 and Precinct 4 -- we'd ask you if you would want to participate. Your assistance would be more of _n, 1 2 3 9 5 5 7 8 9 10 11 12 13 14 15 lh 17 18 19 20 21 22 23 24 Z5 31 guidance and work with the -- working with the residents out there, but not specifically in the financing side of the project. So -- COMMISSIONER WILLIAMS: Well, I can say to you without equivocation that, to the extent this Commissioner can pursue sewer projects beneficial to Center Point and that area, I will be involved. We'll see wYreLe that takes us. MR. BROWN: Well, U.G.R.A. is ready to work with the Court on -- on these kind of projects. And it also supports your new subdivision order in that, by providing wastewater, it allows the developer a greater density in his development. So, it's both a public healLti, and it's also a bit of an economic development assistance in putting unproductive land as productive land un the County's tax rolls. COMMISSIONER LETZ: One last comment. I'm not saying good-bye to Jim, 'cause he's still on Region J. CUMMISSIONER WILLIAMS: That's good news. Merry Christmas, Richard. Jim, the same, and we'll see you. COMMISSIONER GRIFFIN: Thanks for a job well done. COMMISSIONER WILLIAMS: Thank you for coming. COMMISSIONER GRIFFIN: Go to the window and pick up your combat pay. i_-,q-r; f 1 1 2 3 4 5 6 8 9 10 11 12 13 19 15 16 17 18 19 ~~ zl 2^_ 23 29 25 32 MR. BRGWN: Thank you. JUDGE HENNEKE: All right. Item Number 2, consider and discuss awarding the bid for the lease of new wheel loader, authorize the Judge and County Attorney to sign the same, and approve a hand check for the first payment in the amount of -- whatever the first payment is. Leonard, do you have a recommendation for us on the lease of the new wheel loader? MR. ODOM: Yes, sir. I would ask the Court to approve awarding that lease to Holt Corporation in San Antonio. We have a five-year lease for $1,037.95. COMMISSIONER WILLIAMS: Monthly? MR. ODOM: Ask the Court to authorise the Judge to sign it. COMMISSIONER WILLIAMS: Monthly lease or annual? MR. ODOM: Monthly. Month]y lease, yes, sir. And to have the -- authorize the County Attorney to -- there's a form in there that the County Attorney needs to sign. It's a legal -- COMMISSIONER LETZ: I move we approve the recommendation of the Road and Bridge Administrator, and approve the Jease with Caterpillar Financial Services Corporation. COMMISSIONER BALDWIN: Second, 33 1 2 3 4 5 F 7 8 9 10 11 i2 13 I9 15 16 17 18 19 20 21 22 ~3 24 25 JUDGE HENNEKE: Hand check in the amount of the first payment? COMMISSIONER LETZ: And check in the amount of the first payment. MR. ODOM: Thanks. DODGE HENNEKE: Motion by Commissioner Letz, second by commissioner Baldwin, that the Court approve the lease for the new wheel loader with Caterpillar -- I guess it's actually Holt? MR. ODOM: It's Holt. COMMISSIONER LETZ: It's Holt? JUDGE HENNEKE: The actual name of the company is Holt 'Pexas Limited. Authorize the County Judge to sign the necessary documents after approval by the County A~L~rney, and authorize issuance of a hand check in the amount of $1,037.50 (sic), payable to Caterpillar Financial Services Corporation for the first month's payment on the 1eas2. Any questions or comments? If not, all in favor, raise your right hand. The motion carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Next item, Item Number 3, is to consider and discuss awarding the bid for the rew nstruction of Sheppard Rees Road. Mr. Odom, do r_-~;-r 34 L 2 3 9 5 6 7 8 9 10 11 12 13 14 1J 16 17 18 19 20 ~1 LZ ~3 24 ~5 you have a recommendation for us? MR. ODOM: Yes, sir. I make a recommendation that we award the bid to Allen Keller in Fredericksburg, Texas, as low bid, and that we are meeting the 31st, ner.t week, to have a preconstruction, and for Commissioner Baldwin and Commissioner Griffin and the new Commissioner on the Court -- that we will be starting at the first of the year. We'll come up with a date sometime after the first of the year. COMMISSIONER BALDWIPd: They're meeting on the 31st where? MR. ODOM: In our office. CUMMISSIONER BALDWIN: How long is it going to last? That is New Year's Eve, you know. MR. UDUM: Oh, it won't take long. Basically, we're -- we're going to just formulate a time sequence there to provide that to us, and begin a starting date. That's what we're trying to firm up. CUMM155IONER BALDWIN: Judge, I move that we approve the recommendation of the Road and Bridge on this issue. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKN: Motion by Commissioner Baldwin, second by Commissioner Griffin, that the Court authorize awarding the bid for reconstruction of Sheppard 35 1 2 3 4 5 6 7 8 9 10 11 1 13 19 15 16 17 18 19 20 21 2L 23 24 25 Rees Road to -- Allen Keller? MR. ODOM: Allen Keller. JUDGE HENNEKE: Allen Keller of Fredericksburg. In the amount of? MR. ODOM: $299,830. JUDGE HENNEKE: $299,830, which was the low bid. MR. ODOM: Which was the low bid. JUDGE HENNEKE: Before we vote on that, I mean, give us your impression of the bids. Were you favorably -- is this about what you anticipated? High? Low? Indifferent? MR. ODOM: Maybe a little bit -- it was within the ballpark. $262,000 was in there. A little bit Nigher than the base put in there. We had the funding, and I felt like I was -- if I was under $311,000, that I felt comfortable that project could be done. The numbers were extremely t'~igh. I think there's a lot of work out there, and I Lhink some people high-bid it, trying to -- to hope they got it. COMMISSIONER WILLIAMS: Or avoid getting it. MR. ODOM: Or avoid getting it. But I -- the project's a simple project. I've looked at it, thought about it. And, you know, how we go about doing it, I think Keller looked at the same thing. I would look at that i~ ~_, 36 1 3 4 5 6 7 E 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 project as an 8- to 10-week project if we were doing it in-house. And, of course, when we first put this together in May, we -- we contemplated the possibility of doing it ourselves, with our rate. But the flood came in July, and that changed a lot of things. And we felt comfortable that if I was under that 311, that I felt comfortable I could do the project. JUDGE HENNEKE: Well, anybody else have any questions? If not, all in favor of the motion, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, Leonard. MR. ODOM: Thank you. JUDGE HENNEKE: Next item is Item Number 4, consider and discuss approval of the appointment of election staff for the bond election, per Texas Election Code, Chapters 32, 51, and 1~7. Jannett Pieper. MS. PSEPER: Thank you, gentlemen. I'm kind of doing this all in one order. Because of the time limits, it's much easier. On your handout, the first section of this has already been approved, as far as the location and the election judges. The judges were approved back in 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2G 21 ~2 23 24 ?5 January for a one-year term. However, the central counting station personnel, Chapter 127, that has to be done at each election. That's appointing me as the presiding judge and the manager. The tabulating supervisor will be Nadene, and the assistant supervisor will be Mindy. And then the early voting ballot board, I would like Marilyn Johnson and Streeter King, both of these which have done it before, so they're very familiar with the process. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Baldwin, that the Court approve the appointment of election staff for the bond election per Texas Election Code, Chapters 32, `1, and 127, as presented by the Cuunty Clerk. Hny 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.: 'Shank ycu. JUDGE HENNEKE: Item Number 5, consider and discuss purchase of a 12-by-Z4 portable office building for Hi11 Country Youth Exhibit Center manager and events booking agent. Mr. Holekamp. 1'-_?- 38 1 2 3 4 5 5 8 y 10 11 12 13 14 15 16 17 18 la 20 L 1 22 73 24 25 MR. HOLEKAMP: Thank you. This is -- this is the result of the July flood at the Ag Barn, the office complex in the Exhibition Center. Due to the -- the insurance company adjusted it. It was not FEMA, because the water came in from the top, which was a change in the criteria. And several roofers have told us that trying to find the exact locations of where she water's coming in is -- is next to impossible. Because of the flat roof, it can start just about anywhere. It goes through between the fabric. So, our -- I made a decision to request to look at possibly giving thz booking agent and the barn manager a -- a place free of water in an office environment, to where when people come out and want to look at the facility, possible rental, that it really wouldn't be an impossible situation. It's rather difficult for people to really work an eight-hour day in that office as it is right now. So, with that in mind, the insurance available to us is approximately $7,000, and the building that 1 have looked at is a 12-by-24, and it's -- I think it's got a couple of windows. And it's not finished on the inside, which we could do ourselves, and add some electrical, that sort of thing, I believe it would -- and then this particular building, then, could -- at some point in time, could be moved to any location for any application, whether it be storage or office or whatever. So, whatever __-_-- ~~ 39 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we do in the future, it would not impact it, I don't believe. In my opinion, it wouldn't, because it's portable, and it will stay portable. So, that's my request at this time, to -- COMMTSSIONER WILLIAMS: Where do you intend to plant this building out there, Glenn? MR. HOLEKAMP: Well, I personally believe, because of the -- the availability of it being portable, I would put it -- place it in front of the current doors, of the glass doors. COMMISSIONEP. WILLIAMS: Assuming that the bond election passes and construction gets underway next year, where would you intend to replant that building? MR. HOLEKAMP; Well, at that time, then, I guess we would have to kind of decide where we would slide it or lift it or place it. But I wouldn't see it being a problem anywhere on the property, providing electrical could be put to it, you know. I think that would be the -- the only expense once you relocate it is electrical, and probably the phone line itself, because it will be as portable as it is. A 1~-by-24 is really not that big when you start moving buildings. CUMMISSiONEP. LETZ: Glenn, a little bit different angle than what Bill was talking about. Is there any reason that decision can't wait until after the bond ._-a±- ~. 40 1 2 3 9 5 6 7 8 9 10 11 12 13 14 l~ 16 17 18 19 20 21 22 23 Z4 25 election? Because if the bond election passes, T think then -- I mean, we don't want to move it twice, even though it could be done, but to move it twice and electricity and -- I mean, I think the whole focus out there is going to change rf it passes. If it doesn't pass, then that brings up another set of issues, and, to me, they're going to have to be addressed by the Court, such as that office space out there. I wculdn't know where we get the money, but I just -- I don't see how waiting 30 days in the driest month of the year, typically, is going to make that much difference. MR. HOLEKAMP: No. And it was brought because 1 -- I felt like I -- the insurance company had given us the money, and that we really need to do something. And I had done nothing out there, and I really felt like throwing money into that office that is currently there would really be kind of foolish at this time. So, there is no emergency, if that is your question. There's no emergency. The reason I did it is -- is we're having to -- we're missing some people. We're having to -- to -- Mike is workiny on something out there and they can't find anybody. And, normally, where Jamie was placed there, she was able to -- to auswex questions when people came to look at the facility. Now we're having to make appointments, and somebody running out there and meeting. But, that's the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l~ 18 19 20 21 22 23 29 25 41 only issue. We -- we can wait till the bond election or whatever. CUMMISSIONER LETZ: I mean, my preference would be to wait, because I just hate to -- I mean, the insurance money r_an be used for something; maybe this purpose or maybe a different purpose, after February 1st. I just think it's -- we could wait a month. MR. HOLEKAMP: There's no problem for me, whatever the Court wishes to do. JUDGE HENNEKE: All right. We11, we'll just put this on the back burner and bring it back in February. Item Number 6, consider and discuss ratifying a resolution and honoring Guadalupe County Judge James E. "Jim" Sagebiel. COMMISSIONER BALDWIN: Yes, sir. I took the rc~olution to Seyuiu last Friday and made the presentation, and let me just say it this way. We had a good time. And I'd like to vote now Lo ratify that resolution, and so I move that we do so. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Williams, that the Court ratify the resolution for Guadalupe County Judge James E. "Jim" Sagebiel. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l ?~ ^3 29 ZS JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. COMMISSIONER BALDWIN: Thank you. JUDGE HENNEKE: Item Number 7, consider and discuss approving the bonds of newly elected officials, approve the application of the Treasurer, District Clerk, and County Clerk to appoint deputies, and acknowledge the existence of continuance of blanket bonds for deputies. Commissioner Baldwin. CUMM155IONER BALDWIN: Yes, sir. Actually, Commissioner Letz was the brainchild on this thing, and I want to give him all the credit for thinking through this one. I don't know -- well, I don't think we're going to have a meeting -- an official meeting on January 1, so the only, really, official duties that I can find the Commissiuuexs Court has on January 1 is approving these bonds here. So, we can do them today; then we -- we won't have to worry about certain Commissioners, you know, frolicking across the fruited plains and not being here, taking care oL business like they should, like the rest of us do. I'm not throwing any rocks. ODMMISSIONER WILLIAMS: I ducked; I missed mine. rOMMISSIONER GRIFFIN: Duck. 43 1 2 3 4 J 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 ~3 24 25 COMMISSIONER BALDWIN: So, what do you want to know? JUDGE HENNEKE: Make a motion. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JODGE HENNEKE: Motion by Commissioner Baldwin, second by Commissioner Letz, that the Court approve the bonds of the newly eler_ted officials as presented per tkie application of the Treasurer, District Clerk, and County Clerk, to appoint deputies, and acknowledge the existence of continuation of blanket bonds for deputies in all affected departments. COMMISSIONER WILLIAMS: Yes. JUDGE HENNEKE: Go ahead. COMMISSIONER WILLIAMS: For the record, certainly, should they not be advertised as to whose bonds are being approved? MS. PIEPER: I was going to say, would you like to see my application for my deputies? JUDGE HENNEKE: No. COMMISSIONER. BALDWIN: There is a list floating around -- is this for everybody in the county? MS. PIEPER: This is my deputies. COMMISSIONER BALDWIN: Okay. MS. PIEPER: I don't -- 1_ _ - _ 44 1 3 4 b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ?3 29 ZS COMMISSIONER BALDWIN: There is a list floating around of -- of those folks that are -- that will be sworn in or require -- I just don't have it. Would you like to have it before we -- COMMISSIONER WILLIAMS: I just thought maybe the record should include it, that's all. MS. PIEPEx: All of the bonds of the elected officials that will be sworn in are there. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: Are here? MS. PIEPER: No, sir, they're in the folder that the Judge has. COMMISSIONER k3ALDWIN: Okay. That's all we're looking for. JUDGE HENNEKE: Any other questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) DODGE HENNEKE: Opposed, same sign. (No respcnse.) DODGE HENNEKE: Motion carries. Item Number 8, consider and discuss Lhe approval of a Mutual Aid Agreement for Regional Councils of Government, and authorize County Judge to sign same. This was presented at the last AACOG Board meeting as something which is required in order to qualify for federal funding, and so I bring it to the ~~; 45 1 2 3 4 5 E 7 8 9 10 11 12 13 14 IS 15 17 18 19 20 21 22 23 24 25 Court for your consideration. I do believe there is some time sense of urgency, but I don't know exactly what that is. COMMISSIONER WILLIAMS: Is this a renewal of an existing agreement? JUDGE HENNEKE: No, it's a new agreement. COMMISSIONER GRIFFIN: Federal funding of what, Fred? Ts that -- JUDGE HENNEKE: Through the Department of Homeland Security for First Responders, for disaster -- COMMISSIONER GRIFFIN: All that. JUDGE HENNEKE: -- planning, all of those things that are emauaGing out of Washington these days. COMMISSIONER BALDWIN: Which this is just one of them. JUDGE HENNEKE: Right, COMMISSIONER BALDWIN: Many, many, many things going on. But, again, I -- I hate to be the horse's behind here, but I'm guud at it, so I might as well. COMMISSIONER WILLIAMS: Hold up your reputation. COMMISSIONER BALDWIN: I'd really like to have the County Attorney sign off on this. JUDGE HENNEKE: Fine. COMMISSIONER BALDWIN: Before we -- sometime i~-~ ~-n~ 46 1 2 3 9 J 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 G2 23 24 25 before we get bombed by somebody. DODGE HENNEKE: I do think, though, that it -- if we're going to do that -- and I don't have a problem with that, since I'm not going t_o be the one here to have to push it through -- it does need to be on your first agenda in January. COMMISSIONER BALDWIN: Okay. So -- so, we ask the -- ask the County Attorney -- or let him know that, again, the time frame there. COMMISSIONER WILLIAMS: Memo from you and a memo from me, right'? 'Phis is your lucky week. DODGE HENNEKE: Okay. COMMISSIONER BALDWIN: Fred, you're not sending a memo down there? JUDGE HENNEKE: No. COMMISSIONER BALDWIN: I see. Tommy, how abuuL you? DODGE HENNEKE: Last item, Item Number 9, consider and discuss ratifying resolution in recognition of Calvin R. Weinheimer. Everyone has signed the resolution that was pzesented to Mr. Weinheimer at his appreciation dinner last Thursday, provided by the b:errville Telephone Company. Airy questions or commentsY Do I have a motion? COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. 17: .-. 47 1 1 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 G I 22 2 J 24 25 JUDGE HENNEKE: Motion by Commissioner Letz, second by Commissioner Griffin, that the Court ratify the resolution previously signed in recognition of Calvin R. Weinheimer. Any questions or comments? If not, all in favor, raise your right hand. (The motion carried by unanimous vote.) JUDGE HENNEKE: Opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. All right. COMMISSIONER LETZ: Tommy? JUDGE HENNEKE: Almost got away. MR. TOMLINSON: This is not an agenda item, but we -- I do have an issue with the renewal on our -- on law enforcement liability coverage. It's for the jail and Sheriff's Office and the juvenile detention facility. Just at 9 o'clock this morning, we finally got a fax from one of our -- one of the companies that wanted a quote. And this -- their coverage expires 1/1, and what I desperately need is a meeting sometime between now and 1/1, just for -- just for time to discuss this renewal. JUDGE HENNEKE: Gentlemen? COMMISSIONER LETZ: Well -- JUDGE HENNEKE: I'm on the payroll till the end of the year. We could do it this afternoon. COMMISSIONER LETZ: I was going to say, could i _-~?-.. 48 ~` I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 ~3 29 25 we do it this afternoon? Would that give you time? Or if not -- MR. TOMLINSON: Yeah, I can -- I can get him back here this afternoon. JUDGE HENNEKE: If we can get our ace court administration to do an agenda as an emergency and send it out, we could do it by -- we could do it at 1 o'clock. All we have to do for an emergency meeting is to give two hours notice. I do think this qualifies under the statute as an emergency, something we did not know about in advance, something that has time sensitivity to it. So, if we want to do it today, we can do it at 1 o'clock, if we can get someone to do the agenda and broadcast it. COMMISSIONER WILLIAMS: Just for the record, I won't be here. COMMISSIONER BALDWIN: I will be full of turkey. DODGE HENNEKE: I can be. COMMISSIONER BALDWIN: Two, three. JUDGE HENNEKE: Are you -- either that, or we could have a meeting on the 31st or the 30th or whatever you want. COMMISSIONER LETZ: Either one. I'd rather get it out of the way today. COMMISSIONER BALDWIN: Let's get it out of 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 2q 25 here. COMMISSIONER LETZ: Why don't we say 1:30? That way there's three hours, and that gives us 30 minutes to get it posted. JUDGE HENNEKE: Two hours. COMMISSIONER LETZ: Oh, two hours? 1 o'clock? JUDGE HENNEKE: Okay. If we can get Thea up here, we'll make it for 1 o'clock. COMMISSIONER LETZ: I mean, can Jannett -- JUDGE HENNEKE: Or Jannett -- maybe Jannett can -- COMMISSIONER LETZ: Jannett can probably handle posting. JUDGE HENNEKE: Somebody's got to do the finger-wave, too. MR. TOMLINSON: qet him back here at 1:30. JUDGE HENNEKE: MR. TOMLINSON: COMMISSIONER L MR. TOMLINSON: Let me make sure that I can 1 o'clock. 1 o'clock, okay. ETZ: Why don't we take -- He said he was going to be in town, but -- COMMISSIONER BALDWIN: Why does he have to be here? 1- -'- - 50 I 1 1 2 3 4 5 E 7 8 9 10 11 1~ 13 14 15 15 1~ 18 19 2n 21 22 23 24 25 MR. TOMLINSON: Well, he needs to explain the situation. JUDGE HENNEKE: I hear some "ka-thing, ka-thing" coming out of this one. MR. TOMLINSON: Well, there is, but -- but there's -- as you know, there are two -- two kinds of coverages for liability, and one is -- one is what's called a claims made policy, and the other one is -- is an occurrence policy. In other words, when -- under the occurrence, you -- you get -- you get -- if you have a claim, you get -- it has to happen when it occurs. Under the claims made, it can happen back in prior years, and if it's claims, then you -- you're still covered prior years. So -- but there's a substantial difference in the -- in cost. There's also a substantial difference in the cost in next year. COMMISSIONER LETZ: I'm sure it's lower. COMMISSIONER WILLIAMS: Oh, yeah. MR. TOMLINSON: You know it. And so, you know, I -- I just need for him to be here. COMMISSIONER LETZ: Why don't we take a five -- JUDGE HENNEKE: Well, why don't we -- yeah. COMMISSIONER LETZ: -- Five-minute recess? DODGE HENNEKE: Can you go call him right J1 1 1 2 3 4 5 6 7 8 9 10 11 1 L 13 14 15 15 17 18 19 20 21 ?~ 23 24 25 now? MR. TOMLINSON: Yeah, I can go call him. JUDGE HENNEKE: We'll just do some other things, and if you can come back and let us know -- (Discussion off the record.) JUDGE HENNEKE: Well, gentlemen? COMMISSIONER GRIFFIN: Seems like, during the budget deal, didn't we talk about this coverage? I mean, we didn't talk about this specific coverage, but we talked about the difference between the -- the two kinds and all that during budget. JUDGE HENNEKE: That was just a couple weeks ago on health insurance. COMMISSIONER GRIFFIN: Is that what it was? COMMISSIONER LETZ: We talked about it out there, too. I think it was in relation to one of the lawsuits we have out at the jail. COMMISSIONER GRIFFIN: Yeah. COMMISSIONER LETZ: I remember. This topic's pretty fresh in my mind. COMMISSIONER GRIFFIN: Yeah, I remember the two types -- discussing the two types of insurance. COMMISSIONER WILLIAMS: Well, Judge, while we're sitting here with our engines idling waiting on an answer, if the Court will indulge me for another minute, ~- 52 1 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 point of personal privilege, I'd like to express my appreciation to Commissioner Griffin and to you, Judge. To Larry, I particularly want to say thank you for your service and for being a good mentor. You have taught us some things. And what I appreciate most about you is you always come to this court prepared. You do your homework. You know what you're talking about, and I appreciated that. I've had an opportunity to learn from you. I am grateful for that, and hopefully I'll be able to put some of that to good use as I continue my service on this court. We'll miss you, and thank you for what you've done. COMMISSIONER GRIFFIN: Thank you. COMMISSIONER WILLIAMS: Particularly from me. And you, Judge, I just wanted to say a big, hearty thanks. Thanks. You have been a good leader to this Court, and the people in Kerr County will have to continue to support their court in its endeavors, but you're going to be missed, because you are a far-thinking, forward-thinking person, and I appreciate your years of service to the people of Kerr County. I'll be returning on behalf of the people of Precinct 2, and I'm grateful to them for that opportunity, but I just want to say I've enjoyed working with both of you. My privilege and my pleasure. JUDGE HENNEKE: Thank you, Bill. I know I want to say that in -- this has been a real hoot the last 53 1 ,... 2 3 4 5 6 V r 7 8 9 10 11 I 12 I ^ 13 i 14 15 16 17 18 19 20 21 22 23 24 25 four years. A frustrating hoot, but a real hoot. Of all the things I've done -- you know, Foreign Service Office, legislative aide to a member of Congress, military officer, county, I mean, lawyer -- this is by far the most rewarding and the most frustrating endeavor I've ever undertaken. And I think, as I've said before, that I learned from Commissioner Baldwin, and it's true, that the reason county government works is because we are the local government. If you go to any other political entity in Kerr County, you don't talk to the local people who are in charge of that entity; you talk to the staff. If you call U.G.R.A., you talk to the staff. If you call the Headwaters, you talk to the staff. If you talk to the K.I.S.D., you talk to the staff. If you call the Commissioners Court, you start with your Commissioner, and that Commissioner walks you through the process. And that's what makes local government work, is the fact that we deal directly with the constituents. And sometimes the hard part of local government is to deal with constituents who have a particular burr under their saddle that doesn't work for the remainder of the county, and you have to deal with that. And I remember Commissioner Baldwin brought to the Court one day the issue of firing rifles in less than 10 acres, and he did it because there were a number of his constituents who were concerned about that. And he brought it to the Court, t~-_ -a 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Z2 23 24 25 but he didn't advocate, because it was an issue that the people of Kerr County needed to be educated on, but it was not an issue that needed to be applied county-wide. And that's what we do here. COMMISSIONER GRIFFIN: Yeah. DODGE HENNEKE: We sit here and we take input from those people who care to give us input, and then we have to measure that input against what is truly in the best interests of the county. And I think that's why this Court has worked, is there haven't been any hidden agendas. You know, the -- the two buzzwords in politics these days are "hidden agendas" and "good old boys." Well, a hidden agenda is an agenda that doesn't agree with mine, and a good old boy is my inability to get you to do what I want you to do. (Laughter.) JUDGE HENNEKE: It has nothing to do with good government. But I want to tell you -- COMMISSIONER BALDWIN: Can you fit "redneck" in there somewhere? JUDGE HENNEKE: Well, redneck is -- COMMISSIONER BALDWIN: 'Cause I want to participate. (Laughter.) JUDGE HENNEKE: But what we've done for four years is -- is to act on behalf of the people of Kerr 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 County, and I think if you look back at the record that we've accomplished, that it's been one of measured progress and considered and effective stewardship, and I'm going to look back on these four years with a great deal of pride. So, thank you, each and every one. COMMISSIONER GRIFFIN: If I might add to that, I certainly have learned from everybody on this court, who I will consider friends forever. But everybody on this court has brought something different to the table, which has helped. Which has certainly helped me, I know. Buster, God love him, is sort of our beacon that keeps us on the straight and narrow. Always know where he stands; never a question about that. Bill has always got the innovative look and another way to get a grant, get some money that we don't have to get from the taxpayer, and has done an excellent job of that, and I'm sure will in the future. Jonathan, the questioner. Always asking the good question and bringing us back to the -- to the subject and keeping us out of trouble. Sometimes frustrating, 'cause we want to get the vote out, but Jonathan says, "One more question. Just one more question." He's a little bit like Columbo. (Laughter.) COMMISSIONER GRIFFIN: "'i'here's just one more thing." And -- but it's great. And that dynamic has -- has worked well for the Court. And, finally, Fred, consummate i~-_~- - 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lti 17 18 19 20 21 22 23 24 20 pro. He has certainly brought a decorum and an attitude to this Court that -- that I think is going to be hard for anybody to match. It can be, I'm sure, but it's going to be hard for anybody to match. And the people of Kerr County have done well by all four of you. COMMISSIONER BALDWIN: Thank you very much. COMMISSIONER LETZ: Thank you. JUDGE HENNEKE: Tommy, have you got an answer for us? MR. TOMLINSON: Yes, sir. He'll be back at 1:00. JUDGE HENNEKE: Okay. Well, we will -- MR. TOMLINSON: I would like to say something. Buster alluded to it earlier, about -- about putting out fires in county government. Well, I've been in this business for 13 years, and I surely understand putting out fires in county government. And -- and I just -- you know, I've lost count of the number of Commissioners and County Judges that I've worked with over this 13 years, but -- and I always appreciated, you know, the dedication and time that all elected officials commit to a job. And I -- I just -- it's the last court for you two guys, and I just, you know, want to tell you that 1 appreciate -- you know, I've really enjoyed working with you. JUDGE HENNEKE: Thank you. __-~3-n~ 57 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, 23 24 25 COMMISSIONER GRIFFIN: Thanks. JUDGE HENNEKE: We will stand adjourned, and -- COMMISSIONER WILLIAMS: Recessed. JUDGE HENNEKE: -- those who are able will meet again at 1 o'clock. COMMISSIONER WILLIAMS: Adjourned or recessed? JUDGE HENNEKE: No, adjourned. (Commissioners Court adjourned at 10:10 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 3Uth day of December, 2002. JANNETT YlEYER, Kerr County Clerk BY: ____ ___ ~antfG Kathy ik, Deputy County Clerk Certified Shorthand Reporter C4...41Iht`. fiPJi? t~rr`ri'1h!T!' n:, .f. F.. .- +F, ,:, "~ d c7a:r; of PF_i ,.tnta!.rj rt'!'I:'y CElfitn q_n !, :_ h:: t. fi f,; ('(7 r-ii-..F ,iii-7. pill ~•n:. n, !r. ,glni'Fri !-',+~pot-A. 7l r•'!-4y L^rr ~... f'1 1'.. Ci [-'L 171 c: a1.., .A ':t r7 r^urtn~pn ~y.-r-~ 7. 1~!-r'ieli 4-Y ~!. ~. ~rrr" :v'1?, :i t'4 =1 ,. ~,fhy l `~.-"-~ r 9 !-'1'p}: r't.:.'t; ]. 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