1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, January 8, 2001 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 LARRY GRIFFIN, Commissioner Pct. 4 2 1 I N D E X January 8, 2001 PAGE 2 --- Commissioners' Comments 3 3 1.2 Budget Amendments 6 4 1.3 Late Bills 9 1.5 Read and Accept Monthly Reports 10 5 6 2.1 Final plat, Nickerson Farms, Section II 11 7 2.2 Final plat, Privilege Creek Ranches 13 8 2.3 Using Grand Jury list for Grievance Committee & selection of members 20 9 2.4 Discussion of regulation of OSSF's in Kerr 10 County, including statutory & regulatory responsibilities and processes 22 11 2.5 Authorize Constable Precinct 4 to appoint a 12 deputy constable effective 1-1-01 37 13 2.6 Appointment of county representative to City of Kerrville Comprehensive Plan Advisory Committee 40 14 2.7 Appointment of county representative to AACOG 15 Economic Development and Environmental Review Committee 45 16 2.8 Designation of 2nd Commissioners Court meeting 17 in February, May, August, & November as evening meetings 47 18 2.9 Creation of 25-person Citizens Advisory 19 Committee on Redistricting 52 20 2.10 Resolution authorizing designated signatories for TCDP Contract No. 720135 62 21 --- Adjourned 63 22 23 24 25 3 1 On Monday, January 8, 2001, a regular meeting of the Kerr 2 County Commissioners Court was held in the Commissioners' 3 Courtroom, Kerr County Courthouse, and the following 4 proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning, everyone. It's 7 9 o'clock on Monday, January the 8th, Year 2001. We'll call 8 to order this regular meeting of the Kerr County 9 Commissioners Court. If y'all will please stand and join me 10 in a word of prayer, followed by the pledge of allegiance. 11 (Prayer and pledge of allegiance.) 12 (Discussion off the record.) 13 JUDGE HENNEKE: At this time, any citizen 14 wishing to address the Court on an item not listed on the 15 regular agenda may come forward and do so. Is there anyone 16 who wishes to address the Court on an item not listed on the 17 regular agenda? One more time, is there any citizen who 18 wishes to address the Court on an item not listed on the 19 regular agenda? If not, we'll go to the Commissioners' 20 comments, and we'll start with Commissioner Baldwin. 21 COMMISSIONER BALDWIN: I don't have any 22 comments this morning. Just want to ditto the prayer this 23 morning, that we -- that we conduct business in a -- in a 24 fashion that's good for everybody. 25 JUDGE HENNEKE: Thank you. Commissioner 4 1 Williams? 2 COMMISSIONER WILLIAMS: New year, lots to do. 3 Hope we get it done. 4 JUDGE HENNEKE: Commissioner Letz? 5 COMMISSIONER BALDWIN: That could go down -- 6 that's quite a quote; people'll be repeating that for years. 7 COMMISSIONER WILLIAMS: On my tombstone. 8 COMMISSIONER LETZ: My only comment is just 9 an update on the Hermann Sons bridge. It's been hard to 10 track over the holidays because of people being in and out, 11 but I believe the money has been appropriated by the -- or 12 from the federal government and sent to the N.R.C.S. office 13 in Texas to replace that bridge. There are -- also, they 14 have requested that -- or, basically, their schedule at 15 N.R.C.S. and State level is two things; do an engineering 16 study, and they've asked Road and Bridge to arrange for 17 that, and they will pay for 100 percent of that cost, and 18 basically have some divers go into the river and do some 19 structural checking. But, they will -- and I discussed it 20 with Leonard, and based on our previous court order 21 authorizing him to get this moving and no expenditure of 22 funds from the County, I didn't put it on the agenda. I 23 don't think it needs to -- this is just an update, but it 24 is -- but it's proceeding. It looks like the money is sent 25 to Texas for us. 5 1 JUDGE HENNEKE: Great. 2 COMMISSIONER LETZ: There's some other funds 3 available also, federal grants and things that we're looking 4 at that may pick up all or most of our matching. I'm not 5 real sure. We're trying to figure out exactly how they all 6 tie together. People keep calling and offering money. 7 We're trying to figure -- we're working through it. But, 8 anyway, it looks positive. 9 JUDGE HENNEKE: Good. Commissioner Griffin? 10 COMMISSIONER GRIFFIN: Just a note that we 11 passed the second millennium, so-called by some, that the 12 year 2001 was the real millennium. The Y2K-plus-one was no 13 worse than the Y2K, which I just would like to remind 14 everybody that we've got to be careful about believing 15 everything we read, after the billions that were spent on 16 the Y2K problem, which many people in the industry said 17 never would be a big deal, anyway. So, just a reminder that 18 not -- the experts aren't always right. 19 JUDGE HENNEKE: That's true. And since none 20 of us hold ourselves out as experts, we heartily agree with 21 that. I'll just remind everyone that due to the timing of 22 this meeting and the need for the County Treasurer's office 23 to do the W-2's and 1099's, we will have a special meeting 24 this Friday at 9 o'clock for the limited purpose of paying 25 bills, and there's one other additional agenda item, which 6 1 is to authorize the purchase of additional licenses from 2 software for use of the different departments. So, there 3 will be a brief meeting at 9 o'clock here in the courtroom 4 on Friday to pay bills and also to take up the item of the 5 license purchase. With that, let's move to the approval 6 agenda. We have no bills to pay today, but we I think we do 7 have a budget amendment; is that right? We have two of 8 them? 9 MR. TOMLINSON: Yes. 10 JUDGE HENNEKE: First is Budget Amendment 11 Number 1 for the Sheriff's Department. 12 MR. TOMLINSON: Yes. This amendment is for 13 the renewal of the law enforcement liability coverage for 14 the Sheriff's Office and the jail and all of the constables, 15 and the amount is for $47,754. I do need a hand check for 16 that. The amendment is to -- to transfer enough funds in -- 17 in the line item in the Sheriff's Department for the -- for 18 this payment. We budgeted $44,340. In the process of 19 renewing, we -- we learned that we -- we had an 88 percent 20 loss ratio, so that prompted almost a 20 percent increase in 21 this premium. So, what I'm -- I'm recommending that we 22 transfer $4,515 from Nondepartmental Contingency into the 23 Sheriff's budget for that purpose. 24 COMMISSIONER LETZ: What was the 88 percent 25 loss related to? 7 1 MR. TOMLINSON: To the total premium. 2 COMMISSIONER LETZ: But, was there any 3 certain thing that happened abnormally this past year? 4 MR. TOMLINSON: I'm not sure all of it -- I 5 know that there were some problems in the jail with 6 jailhouse lawyers. That was -- with as many inmates as we 7 have, you know, we'll continue to probably have those -- 8 those issues. 9 COMMISSIONER LETZ: When we calculate our 10 charge to other entities that we house the prisoners for, is 11 this factored in? 12 MR. TOMLINSON: Yes, it is. Our -- our 13 costing is -- is total cost. In other words, we're costing 14 out the -- the -- we're amortizing the building and all the 15 fixtures and furniture and -- in the building, as far as -- 16 as the monthly cost for operations, and so this is fully 17 costed. 18 COMMISSIONER LETZ: Okay. So moved. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE HENNEKE: Moved by Commissioner Letz, 21 seconded by Commissioner Baldwin, that the Court approve 22 Budget Amendment Request Number 1 for the Sheriff's 23 Department and authorize a hand check payable to First 24 Insurance Agency. Any further questions or comments? 25 MR. TOMLINSON: This is to Furman -- oh, I'm 8 1 sorry. You're right, it is First. I just knew who did the 2 bidding for us. 3 JUDGE HENNEKE: All in favor, raise your 4 right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Budget 9 Amendment Request Number 2 is Nondepartmental. 10 MR. TOMLINSON: This request is for license 11 agreement with ABA Moriah Corporation, and it's for the 12 annual maintenance on system printer for -- for the -- it's 13 actually housed in the Tax Office. We -- the amount of that 14 bill is a hundred -- is $1,100, and we -- there are no -- 15 actually no funds in that Mainframe Maintenance at this 16 time, the reason being that we paid the 5-year maintenance 17 for the new system out of this line item, and it was -- it 18 caused this shortfall in that line item. So, I'm 19 recommending that we transfer $1,100 from Capital Outlay in 20 Nondepartmental to Mainframe Maintenance. 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER GRIFFIN: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Williams, seconded by Commissioner Griffin, that the Court 25 approve Budget Amendment Request Number 2, Nondepartmental. 9 1 Any further questions or comments? If not, all in favor, 2 raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Any others? 7 MR. TOMLINSON: I have late bills. 8 JUDGE HENNEKE: Okay. We have the late 9 bills? I think everyone has a copy of those. 10 MR. TOMLINSON: I think they do. 11 JUDGE HENNEKE: Should have. 12 MR. TOMLINSON: One is -- all these I need 13 hand checks for, is the reason I'm presenting them. One is 14 to Sam Thigpen for $1,800 for the interior painting of the 15 office building at Road and Bridge. 16 COMMISSIONER LETZ: Should we do all these 17 together? 18 JUDGE HENNEKE: Let's do them all together. 19 MR. TOMLINSON: Okay. Next one is to AACOG 20 for $2,594.04. This comes out of Nondepartmental, and it's 21 for the 2001 AACOG dues. Next one is to Scan Optics, Inc. 22 This is for $685. It's for maintenance to the imaging 23 scanner in the County Clerk's office. Next one is to First 24 Insurance Agency. It's for $356. This comes from 25 Commissioners Court budget, and it's for bonds for 10 1 Commissioners Baldwin and Letz. The next one is also to 2 First Insurance Agency for $177.50, and it's for renewal of 3 a bond for -- it's J.P. 3. 4 COMMISSIONER GRIFFIN: Constable. 5 MR. TOMLINSON: Constable, you're right. 6 Right, I had my numbers wrong. Okay. The next is to Mary 7 Taylor, and it's -- this is for $125 for Adult Probation -- 8 no, I'm sorry, it's from the Maintenance Department 9 salaries. It's for the custodial services for the Probation 10 Offices for -- from 12/16 to 12/31. I have one last item. 11 This is to the U.S. Postal Service for $2,000 for postage 12 for the postage meters for the County Clerk. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER GRIFFIN: Second. 15 JUDGE HENNEKE: Moved by Commissioner Letz, 16 seconded by Commissioner Griffin, that the Court authorize 17 hand checks as recommended by the Auditor's office. Any 18 further questions or comments? If not, all in favor, raise 19 your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. We don't 24 have the minutes of the last month's meeting yet to approve. 25 We'll skip over that item. We do have some monthly reports. 11 1 At this time, I'd entertain a motion to approve and accept 2 the monthly reports as presented. 3 COMMISSIONER GRIFFIN: So moved. 4 COMMISSIONER WILLIAMS: Second. 5 JUDGE HENNEKE: Moved by Commissioner 6 Griffin, seconded by Commissioner Williams, that the Court 7 approve and accept the monthly reports as presented. Any 8 further questions or comments? If not, all in favor, raise 9 your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. Turning to 14 the consideration agenda, first item is Item Number 1, 15 consider the final plat of Nickerson Farms, Section II, 16 Precinct 3. Commissioner Letz. 17 COMMISSIONER LETZ: This is a subdivision 18 over behind the old rodeo arena off Highway 27, and we 19 looked at the preliminary plat a while back. It's -- it's 20 fairly straightforward. The question has been working out a 21 drainage easement, and it appears that's been done. 22 Franklin? 23 MR. JOHNSTON: That's it. 24 COMMISSIONER LETZ: That's it. 25 COMMISSIONER GRIFFIN: Your recommendation is 12 1 that we -- 2 MR. JOHNSTON: Here's a copy of the Letter of 3 Credit. I don't see Cord; he's supposed to bring the 4 original in, but that's a faxed copy. This Amy Lane is a 5 county-maintained road. It's been inspected, it's paved. 6 Recommend approval. 7 COMMISSIONER BALDWIN: Tell me again about 8 the lot sizes. Remind me of -- of how that works. 9 COMMISSIONER LETZ: It's under a central 10 water system. Its basically -- it's a manufactured home 11 community that they're putting in. Is it Aqua Source? 12 MR. JOHNSTON: Aqua Source does the water. 13 COMMISSIONER BALDWIN: This would be a 14 mistake, I can see that right now. 15 COMMISSIONER LETZ: From Aqua Source 16 standpoint? 17 COMMISSIONER BALDWIN: Yeah. 18 (Discussion off the record.) 19 COMMISSIONER LETZ: Franklin, can you go over 20 this, how the drainage was resolved? The problem he -- the 21 drainage coming down along Amy Lane, where their water was 22 going to? 23 MR. JOHNSTON: Yeah. Originally they had, I 24 guess, a verbal agreement to have an easement across the 25 12.38 acres to the highway. The lady that owned that 13 1 property would never give them a written easement, so he 2 changed it along the southern part of his property, 3 35-foot-wide drainage easement, and then down Nicks Road to 4 the highway. And, he improved the drainage ditch on the 5 road, as well as putting in a ditch, according to 6 engineering plans, which I think you have a copy in your 7 packet of cross-sections. 8 COMMISSIONER LETZ: All right. I move we 9 approve the final plat of Nickerson Farms, Section II. 10 COMMISSIONER GRIFFIN: Second. 11 JUDGE HENNEKE: Moved by Commissioner Letz, 12 seconded by Commissioner Griffin, that the Court approve the 13 final plat of Nickerson Farms, Section II, in Precinct 3. 14 Any further questions or comments? If not, all in favor, 15 raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Item Number 20 2 is to consider the final plat of Privilege Creek Ranches, 21 also in Precinct 3. 22 COMMISSIONER LETZ: Franklin, go over this 23 one -- this is one we looked at a while back. I believe it 24 changed -- 25 MR. JOHNSTON: This one has been around, 14 1 several preliminaries. This is the latest version. I was 2 down last week to look at the roads. It was unpaved country 3 lane. The original preliminary plat, it had a similar 4 layout, but it had Phase I and Phase II where several 5 lots -- like, four lots were served by an additional road 6 they were going to build. They rearranged it so all the 7 lots had frontage on Privilege Creek Road -- Lane. 8 Privilege Lane, I guess it's called. Only problem I can see 9 now is they have 11 lots on an unpaved country lane, where 10 the rules -- these would come under the '98 rules. We have 11 a restriction to eight lots on an unpaved road. Over that, 12 it's supposed to go to a paved road. Other than that, 13 it's -- looks like everything is fine. I don't know if it 14 needs to get a variance or what. 15 COMMISSIONER GRIFFIN: What is our current 16 rule? 17 COMMISSIONER LETZ: It didn't change, it's 18 still -- 19 COMMISSIONER GRIFFIN: Still the same? 20 COMMISSIONER LETZ: Yeah. I see Mr. Voelkel 21 sitting there. Don, is there a reason? I mean -- 22 MR. VOELKEL: I really don't know how that -- 23 or why it ended up the way Frank's explaining. From my 24 memory, McLean Bowman never intended to waive it, but then 25 again, maybe the way we had it originally, it was under the 15 1 guidelines, and then the way we changed it, doing away with 2 that other road shifted -- 3 MR. JOHNSTON: It Y'd originally at the 4 entry, and I -- four of them were on the other road, so that 5 would have been under the eight. 6 MR. VOELKEL: We never realized. It wasn't 7 anything we tried to sweep under the carpet; just happened 8 that way. Frank and I were talking about it last week, that 9 technically -- and I looked at the rules. The first mention 10 of country lane says as long as it's 10 acres or larger or 11 15 lots or fewer, I think is the way it says in the first 12 mention of country lane. Yeah, lots of 10 acres or more or 13 entrances where the road serves less than 15 lots. So, we 14 go under that specification. 15 MR. JOHNSTON: It goes on to explain that the 16 15 is paved and then the eight is for unpaved. 17 MR. VOELKEL: Unpaved, right. It's really 18 just something that we didn't realize. I don't think he 19 ever intended to -- and I don't think Frank admitted to -- 20 it never was mentioned that we were going to pave it. It's 21 just that, you know, if you read it by the -- the letter of 22 the ordinance, it -- it doesn't meet the eight lots. We 23 have 11. See, there was originally a lane coming off -- 24 right off the entrance, and we had about four lots down 25 here. And that other road just went up and served the other 16 1 ones. 2 COMMISSIONER LETZ: Is there -- I mean, to 3 me, the -- putting in -- that neck comes down this bottom 4 portion of the plat, the southeastern corner. If you 5 extended that road up like was originally planned, just up 6 there a ways, you would be able to accomplish that. You 7 would basically have two roads, and three on one and -- 8 MR. JOHNSTON: That's the way it was before. 9 COMMISSIONER LETZ: I mean, I don't -- and I 10 don't see -- 11 COMMISSIONER GRIFFIN: Are you saying sort of 12 make -- take the extension of Turkey Knob Road -- 13 COMMISSIONER LETZ: Right. 14 COMMISSIONER GRIFFIN: -- in that neck down 15 portion, just show that as a -- as a road, and it's only got 16 technically three properties on it. That would take three 17 out, and you'd be down to eight. Is that possible? 18 MR. VOELKEL: Yeah, that would serve Lots 11, 19 9, and 8, if that's what you're saying. 20 COMMISSIONER GRIFFIN: Right. 21 MR. JOHNSTON: Mm-hmm. 22 COMMISSIONER GRIFFIN: That would -- with 23 that proviso, I think that would do it. 24 COMMISSIONER LETZ: I mean, that -- I know 25 we've gone back and forth. I really don't see the reason 17 1 for a waiver here. I don't think it -- I mean, the road's 2 going to need to be built anyway, even though it's just 3 going to serve that one lot. So, by making it a part of the 4 development -- I mean, keep the cost down, anyway. I think 5 it meets the rules. 6 MR. JOHNSTON: So, you're saying right on our 7 south line there, that 200-foot strip, just knock that down 8 to 60-foot line and go back to a cul-de-sac? 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER GRIFFIN: At the end of that. 11 MR. VOELKEL: Right where that ends. 12 COMMISSIONER GRIFFIN: Yeah. 13 MR. JOHNSTON: Right where those three come 14 together. 15 COMMISSIONER LETZ: Somewhere in there. You 16 could go as far as you want, really, as long as it's a 17 separate road and gets the access. 18 MR. JOHNSTON: Long as it touches those. 19 MR. VOELKEL: You could do -- one, two, three 20 lots. 21 COMMISSIONER WILLIAMS: Don, where do you see 22 the cul de sac? Show me. 23 MR. VOELKEL: Buster, what we're talking 24 about is bringing a road right along here, and then 25 cul-de-sac'ing it here to serve these three lots. 18 1 COMMISSIONER WILLIAMS: How is 7 served? 2 MR. VOELKEL: It's up here. It has access 3 on -- those eight would be on there and these three would 4 be -- you have access off the other road. 5 COMMISSIONER GRIFFIN: That makes it right. 6 I would recommend that's what we do. 7 COMMISSIONER LETZ: I think -- 8 MR. JOHNSTON: You can't get from 7 to 8; 9 it's too big a valley in there to get that one, anyway. 10 MR. VOELKEL: You want me to just go ahead 11 and revise that and bring it back at a later date? 12 COMMISSIONER LETZ: I think -- I mean, I 13 don't -- to me, bring it back, and we could approve it 14 subject to that. 15 COMMISSIONER GRIFFIN: Could we make a motion 16 that we -- could we make a motion that, with those changes, 17 that we would approve it and authorize County Judge to sign 18 same, or do we -- I don't really see, unless the law 19 requires it or our rules require it, that we would have to 20 see the plat again, then. 21 COMMISSIONER LETZ: I don't think so. I 22 mean, it meets all other standards or requirements. I don't 23 have any problem with it. 24 MR. VOELKEL: So, just as long as Frank and I 25 get to the point where it's good and he'll sign it, then I 19 1 bring it and let the Judge sign to it record it? 2 COMMISSIONER LETZ: Right, with the -- I 3 mean, putting in a -- a road at the bottom down that neck 4 that we discussed. 5 COMMISSIONER GRIFFIN: Serve those three 6 lots. 7 COMMISSIONER LETZ: Serve Lots 11, 9, and 8. 8 MR. JOHNSTON: They can bring a Letter of 9 Credit in and do it, you know, next week, or he can wait 10 till they build the road. Whichever way -- 11 MR. VOELKEL: I can talk with the owner, make 12 sure he agrees to that. Once Frank's okay with it and he'll 13 sign it, then he can bring it to the Judge for his 14 signature, if y'all approve that. 15 COMMISSIONER LETZ: I make a motion to 16 approve the final plat of Privilege Creek Ranches, subject 17 to plat being revised adding a road on the southeast corner 18 that would serve Lots 8, 9, and 11. 19 COMMISSIONER GRIFFIN: Second. 20 COMMISSIONER LETZ: And authorize the County 21 Judge to sign same at that point. 22 COMMISSIONER GRIFFIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner Letz, 24 second by Commissioner Griffin, that the Court approve the 25 final plat of Privilege Creek Ranches, subject to the 20 1 extension of Turkey Knob -- 2 COMMISSIONER LETZ: Road. 3 JUDGE HENNEKE: -- Road in the southeast 4 corner, to serve Lots 9, 11, and 8. 5 COMMISSIONER LETZ: Correct. 6 JUDGE HENNEKE: And authorize the County 7 Judge to sign the final plat upon recommendation by the 8 County Engineer. Any further questions or comments? If 9 not, all in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. 14 MR. VOELKEL: Thanks. 15 JUDGE HENNEKE: Next item is Item Number 3. 16 Nadene, are you going to present this? 17 MS. ALFORD: Yes, sir. 18 JUDGE HENNEKE: Using Grand Jury list for the 19 Grievance Committee per Section 152.014(a) of the Local 20 Government Code, and selection of such members, if approved, 21 as per Section 152.015(a) of the Local Government Code. 22 MS. ALFORD: You're to pick 15 names and then 23 take nine -- well, we send out letters and then we take nine 24 out of the 15 who accept. 25 JUDGE HENNEKE: The first -- first, the Court 21 1 has to approve using the Grievance -- Grand Jury list for 2 the Grievance Committee. 3 COMMISSIONER BALDWIN: So moved. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Moved by Commissioner 6 Baldwin, second by Commissioner Griffin, that the Court use 7 the Grand Jury list for the Grievance Committee, as per 8 Section 152.014(a) of the Local Government Code. Any 9 further questions or comments? If not, all in favor, raise 10 your right hands. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: And now I get to choose the 15 15 lucky individuals. Okay. 16 COMMISSIONER BALDWIN: I think it would be 17 more fun to just choose them off this list. I see some I'd 18 like to tap. 19 JUDGE HENNEKE: Butch Dixon. 20 COMMISSIONER BALDWIN: Oh, he's one of them. 21 Great. 22 JUDGE HENNEKE: Thomas Myers. Rosario Maria 23 Arredondo. Diana Lynn Howard. Michael Edward Green. Velia 24 Delacruz. David L. Domingue. Margaret A. Morries. Don 25 Craft Kendrick. J.B. Oswalt. How many do we have, Nadene? 22 1 COMMISSIONER GRIFFIN: I think that's 10. 2 MS. ALFORD: Ten. 3 JUDGE HENNEKE: Ten? Okay. Linda 4 Somerville, that's 11. Bryan Edward Nentwich is 12. Susan 5 Johnson, 13. Charles William Blackborn -- Blackburn, I'm 6 sorry, 14. And the final winner is Garciela Castillo. 7 MS. ALFORD: Thank you, sir. 8 COMMISSIONER BALDWIN: Those come back at a 9 later meeting for approval? 10 JUDGE HENNEKE: No, they -- 11 COMMISSIONER BALDWIN: They just choose the 12 first nine? 13 JUDGE HENNEKE: Yeah. They send out letters, 14 and if there's nine that accept, the first nine that accept 15 get taken. If we don't get enough takers, we come back and 16 draw more names. Next item is Item Number 4, consider and 17 discuss regulation of on-site sewage facilities in Kerr 18 County, including statutory, regulatory responsibilities and 19 processes. Commissioner Griffin. 20 COMMISSIONER GRIFFIN: Thank you, Judge. 21 This is on the agenda today primarily just to review the 22 jurisdictional and statutory requirements for regulations of 23 O.S.S.F. And, the reason I asked to have it on the agenda 24 today was because there has been so much misinformation and 25 partially correct but partially incorrect information that's 23 1 been disseminated through the public that I think it would 2 be real productive for all of us to sort of set back and 3 say, where does this authority come from? How does it get 4 implemented? And what are the Court's responsibilities as 5 the T.N.R.C.C. designated -- or authorized agent? 6 The first thing you see in your package is 7 this little flow diagram, and this is important. I wish we 8 had an audio-visual, but I've got some other copies of it 9 here. You might spread those around so people can see them. 10 Chapter 366 -- which is also in your package, for members of 11 the Court. Chapter 366 of the Texas Health and Safety Code 12 is the statutory authority for regulation of all O.S.S.F. in 13 the state of Texas. It is directive, and it's shown on the 14 Court. It is directive on the T.N.R.C.C. That statute is 15 directive on any authorized agent; in this case, Kerr 16 County. It's also -- you can have a third arrow pointing 17 down there that goes all the way to the citizen of -- any 18 citizen in the state of Texas. The law exempts no one. The 19 T.N.R.C.C. writes rules under that statute, and that is in 20 the form of Chapter 285, which is a T.N.R.C.C. rule that's 21 in the Texas Administrative Code. 22 Now, there's -- it's interesting that you 23 really have to look at both Chapter 366 and Chapter 285 to 24 understand the entire program and how it works. 366 25 authorizes the T.N.R.C.C. to designate -- to designate other 24 1 government entities like Kerr County as their authorized 2 agent. That's done by -- if you'll look in the second -- 3 you'll see an agent designation order in that second line. 4 That comes about as a result of the Commissioners Court 5 writing an on-site waste disposal order and submitting it to 6 T.N.R.C.C. T.N.R.C.C. then puts out an order which accepts 7 that rule as -- or that order that the Court wrote, and then 8 designates the Court as their authorized agent. 9 So, you have to take that proactive stance. 10 They don't just come to the County and say, "You're the 11 authorized agent." The County -- and we did that back in 12 1992. We wrote an order, we submitted it to T.N.R.C.C., 13 they approved it. We had -- we had our rules package 14 attached to that court order. They approved it and said, 15 "Okay, you're the authorized agent." Now, once you are the 16 authorized agent, you are the authorized agent. You can't 17 give that responsibility to anyone else. The -- the statute 18 makes no provision for that. You can have a designated 19 representative for enforcement and administration of the 20 program, but the Court is still responsible as the 21 authorized agent for the T.N.R.C.C. 22 The T.N.R.C.C. puts out what they call the 23 "model order," and it has several issues in there. And, in 24 fact, if you look at our pending order that's before 25 T.N.R.C.C. now, the one that we approved on December the 25 1 11th, it, in essence, is the model. Now, the model contains 2 a Section 10 for amendments, and it says in the model, 3 "optional." The Commissioners Court does not have to put 4 anything in the Section 10, and in fact there is instruction 5 to go along with the model that says if you don't have a 6 Section 10, delete it and renumber the paragraphs 7 thereafter, which is precisely what we did with our order 8 that we approved and submitted to T.N.R.C.C. on December the 9 11th. 10 Now, no one else except this Court can make 11 changes to that order, to include a Section 10 or to delete 12 a Section 10. That is purely the Court's discretion and 13 their authority, and always has been. We can change that 14 order any time this Court is convinced that the order ought 15 to be changed. Not any other entity. If the Court is 16 convinced, at our discretion, we can change that order, 17 approve it, send it to T.N.R.C.C. They will reapprove it 18 and close this loop again. Any time that the Court dibbles 19 with the order; that is, we sign interlocal agreements or 20 we -- or we sign contracts, or we designate designated 21 representatives, the law requires that we send that 22 information to T.N.R.C.C. for their approval. As long as we 23 do that, we've closed the loop. We've done everything that 24 we're supposed to do. 25 Now, I raise that because we do have a 26 1 slightly different jurisdictional situation in Kerr County, 2 and that is, right now we have, in essence, three rules in 3 effect. We've got the City of Kerrville -- which the 4 statute allows for municipalities; we can't cover a 5 municipality, if it's incorporated, with our county order. 6 But, the City of Kerrville has one, the City of Ingram has 7 an order, and Kerr County has an order. The U.G.R.A. also 8 has on the books a rule by T.N.R.C.C. that, within certain 9 limits, 1,500 feet of the river and its flowing 10 tributaries -- and it lists what those tributaries are, 43 11 of them. If the U.G.R.A. desires to have a separate rule, 12 they can do that. And, if they have a separate rule, it 13 would supersede our county rule. 14 Now, they -- I know this sounds complicated, 15 but it's really not. We've got three rules right now. We 16 could have a fourth rule if U.G.R.A. were to write one. 17 Does anybody have any question on that? If U.G.R.A. were to 18 write a rule, then there would now be four rules in the 19 county, and our rule would apply to anything that is not 20 incorporated or any area that's not in the U.G.R.A. 21 jurisdiction. Is there any question about that? I -- I 22 don't have any, but I've read this stuff up and down, and 23 maybe other members of the Court do. 24 COMMISSIONER BALDWIN: Larry, I have no 25 questions about it. 27 1 COMMISSIONER GRIFFIN: Okay. 2 COMMISSIONER LETZ: That's clear. 3 COMMISSIONER GRIFFIN: I hope I -- that's 4 about the fourth time we've covered it in court, but -- but 5 it seems like we can't get that straight in the 6 dissemination of the information, for some reason. 7 JUDGE HENNEKE: Let me -- may I ask you a 8 question about the Section 10 issue? 9 COMMISSIONER GRIFFIN: Right. 10 JUDGE HENNEKE: Can a Commissioners Court put 11 whatever they want in Section 10, or is there -- 12 COMMISSIONER GRIFFIN: Subject to the 13 approval of the T.N.R.C.C. The short answer is yes. 14 JUDGE HENNEKE: But, it does have to get 15 approval of the T.N.R.C.C.? 16 COMMISSIONER GRIFFIN: Correct. 17 JUDGE HENNEKE: And the Court would have to 18 justify to the T.N.R.C.C. any more stringent requirements 19 than the model rule. 20 COMMISSIONER GRIFFIN: That's correct. And 21 you have to submit a statement in writing for any 22 restriction -- further restriction that you put in Section 23 10. That justification can't be verbal; it's got to be in 24 writing. 25 JUDGE HENNEKE: And, would you say that the 28 1 -- it's the position of the professionals at T.N.R.C.C. that 2 Section 10 amendments are not favored; the model rule is 3 adequate for protection of the environment? 4 COMMISSIONER GRIFFIN: Yes. And, that -- and 5 you really couldn't expect them, I don't think, to say 6 otherwise. They're not going to write a rule that they 7 don't think applies statewide. Now, I would submit that 8 here in Kerr County, we've also got a slightly -- again, a 9 different problem, if that's the right terminology, than 10 some other counties have. We have parts of Kerr County that 11 are not in the Guadalupe water basin -- the watershed. So, 12 we -- I think it's incumbent upon this Court, as the 13 authorized agent of T.N.R.C.C., to write a rule that covers 14 all of Kerr County. If there is a specialized jurisdiction, 15 municipalities or otherwise, within Kerr County, that feels 16 a separate rule is necessary, that's certainly their right 17 to have one, and the law allows for that. 18 But, we in Kerr County and this Commissioners 19 Court -- let's make sure that we get this right -- that 20 nobody miscommunicated with the T.N.R.C.C. We've had a flow 21 of information back and forth. It's been complete. It's 22 been crystal clear. Section 10 is at the discretion of the 23 Commissioners Court, and you can have one or you don't have 24 to have one, and that's the authority and the discretion of 25 the Court. This Court, on December the 11th, made the 29 1 judgment, based on all the information that we had from all 2 of the experts and -- experts that we had make input, we 3 made a decision not to have a Section 10. That's the way 4 the system works. And, are there any questions -- 5 COMMISSIONER WILLIAMS: I have a couple. 6 COMMISSIONER GRIFFIN: -- on that issue? 7 COMMISSIONER WILLIAMS: Well, I don't know 8 about that issue, but I have one. 366.051, in -- defined as 9 Permits. "A person may hold a permit and an approved plan 10 to construct, alter, repair, extend, or operate an on-site 11 sewage disposal system." You must have a permit. Section 12 (c) says, "A person may not begin to construct, alter, 13 repair, or extend an on-site sewage disposal system that is 14 owned by another person unless the owner or owner's 15 representative shows proof of a permit and approved plan 16 from the Commissioner or the authorized agent." Now, the 17 question is, in the real estate transfer situation, where 18 the -- where -- and we have had these happen many times, 19 where the property being sold or transferred does not have a 20 licensed system. How do you handle that? 21 COMMISSIONER GRIFFIN: The T.N.R.C.C. 22 position is -- is that -- and, by the way, it's also in 23 the -- it's in the law, and I would have to find it, but 24 prior to 19 -- prior to -- if the system was installed prior 25 to 19 -- I believe January 1st, 1989, it does not apply. 30 1 That -- that's the out that T.N.R.C.C. will quote to you on 2 that question, 'cause I asked exactly the same question. I 3 believe -- don't hold me firm on that date; I have to look 4 back through it again, but -- but there was -- and in the 5 rewrite of Chapter 285 that's now under way, the 6 grandfathering is going to be strengthened, at least what -- 7 what the proposed language in the new rule that T.N.R.C.C. 8 has. You have to -- again, you have to read 285 as well as 9 366 to get that information, because 285 is where the 10 applicability of the rule is shown, and that's the one I 11 believe is January 1st, '89, which was the first time that 12 was regulated. So, you can pass those systems under the 13 T.N.R.C.C. rule; you can pass ownership without a permit. 14 And, that's the other side -- the other side of the argument 15 is, hey, if we write a stronger rule, we could keep that 16 from happening. 17 COMMISSIONER WILLIAMS: So, you can pass an 18 unlicensed, malfunctioning system, is what it's saying? 19 COMMISSIONER GRIFFIN: Well, no citizen -- 20 let me go back again. No citizen can have a malfunctioning 21 system. It's not legal. Now, how do you enforce that? 22 COMMISSIONER WILLIAMS: How do you catch it 23 if you can't catch it in licensing? 24 COMMISSIONER GRIFFIN: How would you catch it 25 if the property never changed hands? 31 1 COMMISSIONER WILLIAMS: You wouldn't. But, 2 if it does -- 3 COMMISSIONER GRIFFIN: Yeah, you could. I 4 submit that you can, and that is -- is that when you notice 5 a higher bacteria count in the river, you swim like salmon 6 upstream until you find the source of it, up a tributary or 7 whatever. That's a role that the water enforcement folks 8 ought to be doing; that is, to chase down the pollution to 9 its source. Then I'll stand -- and I think the whole Court 10 would stand with a court order, and the Sheriff and whatever 11 we had to do to go fix it. The -- the state rule does not 12 envision that you wouldn't correct a nuisance, a hazard to 13 health, but you've got to find it, and I see no reason why 14 we have to wait until a property changes hands to track down 15 pollution to its source. 16 COMMISSIONER WILLIAMS: Well, there's another 17 possibility, and it's in 366.005. We talked about this 18 earlier, and I'm wondering whether or not this happens in 19 Kerr County. Where it says that a notice of utility service 20 connection, electric utility company is obligated to give to 21 the County a list of those connections it makes where 22 there's a potential for implementing and enforcing rules 23 under this chapter. I'm wondering, does that happen? 24 COMMISSIONER GRIFFIN: Right. And I -- I 25 asked that question around the courthouse, and I think we've 32 1 seen some reports. Judge, have you seen some reports on 2 that? 3 JUDGE HENNEKE: We get reports every now and 4 then to that effect. 5 COMMISSIONER WILLIAMS: It -- 6 COMMISSIONER GRIFFIN: We don't have anybody 7 here from U.G.R.A. I wonder if they get it, because I have 8 never seen one, and I know that that is called for in the -- 9 which it tells you that somebody's building something, 10 'cause they ask for power to be put on their property. 11 That's the real key to that. Let me also point out one 12 other thing on property transfer, and this can be -- this 13 position could be changed legally, because it's a legal 14 interpretation. In the rewrite of Chapter 285 that's under 15 way, that's -- where it was posted in the Texas Register and 16 so on and asked for comments, U.G.R.A. responded with a 17 proposal that the property transfer issue be put into 18 Chapter 285 so that, then, you would be -- everybody would 19 be directed to do that. 20 The answer to their input was that T.N.R.C.C. 21 did not accept it, because they said -- and I'm -- I was 22 looking for the -- for the write-up; I've actually got it 23 somewhere here in all this. But, what they said was -- what 24 T.N.R.C.C. said was -- in answering that input, was that we 25 will not put that into the rule because we can find no 33 1 statutory authority to do that. Now, that can change if 2 they can find statutory authority or they can get the 3 legislation rewritten or whatever. But, anybody who wants 4 to go around this Court to argue the rules needs to go to 5 the Legislature or to T.N.R.C.C. to get them to change 6 either the legislation or the rule. Then, immediately, 7 because we have adopted the state rule, we'll be held to 8 that standard, and that's the way the process ought to work. 9 So, I -- I'm not trying to cut off debate on this issue. 10 I'm just saying, with this chart, that what's got to happen 11 is that somebody's got to go to the Legislature or to the 12 T.N.R.C.C., and then this Court will either act to enforce 13 the state standard, or we can go fight with T.N.R.C.C. and 14 the Legislature ourselves if we don't agree with it. But, 15 that's the way the system ought to work. 16 Let me say, in passing, one other thing. If 17 you'll read -- and, hey, 366, with 12-point font, only runs 18 to 17 pages, and it's got some very interesting stuff in 19 there about designated representatives have to be approved 20 by the T.N.R.C.C. once we designate them, little tidbits 21 like that, which are fine, and they'll run through. As long 22 as they're qualified, they'll rubber-stamp it. But, also -- 23 it also says, for example, that the acreage exemption -- and 24 remember, the acreage exemption is in 366; the State 25 Legislature put that in, not 285. But, the 10-acre 34 1 exemption, as it is in 366, has said back as far as 1976, 2 which is the earliest copy of this law that I've been able 3 to see, but back as far as at least 1976, has always said 4 10 acres with a single residence. It never exempted any 5 commercial operation, including youth camps. They've never 6 been exempt. And, in fact, youth camps are estimated in 285 7 to use -- or to have wastewater 30 gallons per camper per 8 day. Anybody can multiply and you can see what kind of -- 9 you can figure out what kind of standard you must meet in a 10 youth camp or any kind of camp. But, the camps have never 11 been exempted, because the rule has -- or the law has only 12 said a single residence on a tract 10 acres or larger. 13 So, I think that -- I think that the dialogue 14 on this has been helpful for Kerr County. It's certainly 15 gotten me involved in reading all this stuff. Remember that 16 we are the authorized agent, though, and that's what I -- 17 that's the point I'm really trying to make, and that we have 18 acted within our authority and our discretion to do what we 19 think is right for all of Kerr County, and that that's where 20 we ought to leave the subject for today. And, if anybody 21 wants to come to us with new data -- and I mean all of the 22 literature, not just one study, because there's tons of it 23 out there. I would point out to the Court that there is, in 24 the -- in Travis County, City of Austin is now running a 25 real scientific study on wastewater systems in caliche-like 35 1 soils. It's a very comprehensive program and a very 2 comprehensive research, well-documented, peer reviewed, the 3 whole nine yards. And, they've just put out their interim 4 Phase I report, and that's -- I've asked for a copy of that 5 so we can look at it, because it's real scientific data, not 6 assertions based on a body of knowledge. It is actual 7 scientific data where you take a sample, you take it into 8 the lab or you test it in the field and you present all the 9 data. And, so -- and that's the way those kind of studies 10 need to be done, and not with a cut and paste operation, as 11 some consultants are willing to do. I know that, 'cause 12 I've seen a lot of that in aerospace. So -- 13 COMMISSIONER LETZ: Larry, I have -- 14 COMMISSIONER GRIFFIN: -- that's it. I've 15 spoken my piece. 16 COMMISSIONER LETZ: -- two questions -- or 17 one statement, one question. Is there any provision where 18 we could have a different set of rules for different 19 portions of the counties? 20 COMMISSIONER GRIFFIN: I don't think there's 21 anything that precludes doing that. I suspect you'd have to 22 be careful, because you may get into some equal protection 23 kind of stuff if you -- if you discriminated against 24 certain -- 25 COMMISSIONER LETZ: Oh, I'm not -- I'm just 36 1 curious whether you could do it. 2 COMMISSIONER GRIFFIN: I don't mean 3 discrimination in the bad sense, necessarily, but if you 4 have -- if you make discriminations within a rule, you might 5 get into a little trouble there, but I don't know of 6 anything that says you can't do it. 7 COMMISSIONER LETZ: And the other question -- 8 or, I guess, the statement I have is, I think it is 9 important for everyone to remember, and we frequently forget 10 that there are a number of rivers -- there's three river 11 basins in Kerr County. A fair portion of the western 12 portion of the county and northern portion are in the 13 Colorado River basin, and then there's a portion of the 14 southeastern section which is in the San Antonio River 15 basin. And, I think it is -- I mean, we tend to assume that 16 the whole county's part of the Guadalupe basin, and that's 17 not a correct -- you know, that's not correct. And, I think 18 we need to remember that when we're looking at authorities 19 and who's doing what. And not just in this, but in all 20 issues. That's it. Thank you, I appreciate it. 21 JUDGE HENNEKE: Any other questions or 22 comments from the Commissioners Court? 23 COMMISSIONER BALDWIN: I have one quick 24 comment. It's back to Commissioner Williams' item here 25 about the utilities compile a weekly list and hand it in to 37 1 the County Judge, and then the -- go down a little bit 2 further. County Judge shall forward that list to the 3 appraisal district and each emergency communication district 4 in the county. I would really like to -- this is -- my 5 thinking is a little bit outside of what the topic is here 6 this morning, but this kind of information would make the 7 entire system -- the Appraisal District is crying for that 8 kind of information. It would make their program run a lot 9 smoother if they could -- you know, if -- if the entities 10 would somehow communicate with each other. And I didn't 11 realize this until just last week, when I was reading 366, 12 that it requires some of it to already happen. And, I -- I 13 really like this kind of -- this information here. 14 COMMISSIONER WILLIAMS: Emergency -- also for 15 emergency purposes. 16 COMMISSIONER BALDWIN: Yeah, emergency 17 purposes, too. There's a lot of information, a lot of -- 18 lot of things could happen here with this kind of stuff. 19 JUDGE HENNEKE: Any other questions or 20 comments? Okay. Thank you, Commissioner. Very worthwhile. 21 Next item is Item Number 5, consider and discuss authorizing 22 Constable Bob Terrill to appoint a deputy constable in 23 Precinct Number 4. Commissioner Griffin. 24 COMMISSIONER GRIFFIN: Yes. This is to -- I 25 think they're in your package. You'll see that this is a -- 38 1 a copy of the statute out of Local Government Code -- Local 2 Government Code? Yeah. That applies to deputy constables 3 and, oh, it's down toward the -- I don't know exactly where 4 it is. 5 COMMISSIONER WILLIAMS: Page 2. 6 COMMISSIONER GRIFFIN: On Page 2, yeah. Page 7 2, the Appointment of a Deputy Constable. And, you'll 8 notice there it says that Commissioners Court shall approve 9 and confirm the appointment of the deputy, but the first 10 thing we have to do is authorize the constable to appoint a 11 deputy. And, that's the purpose of this today, is to clean 12 that up, where we do -- this is not anything that we didn't 13 expect. It's just that this is a paperwork -- closing the 14 loop, if you will. And, Constable Terrill is here. He has 15 given me a letter, by the way, that -- that -- requesting 16 that authority officially, and I would move that we 17 authorize him to do that. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE HENNEKE: Moved by Commissioner 20 Griffin, seconded by Commissioner Baldwin, that the Court 21 authorize Constable Bob Terrill to appoint a deputy 22 constable in Precinct Number 4. Any questions or comments? 23 Yes? 24 MS. NEMEC: A question. Is this the time 25 that you would approve the salary and the benefits that that 39 1 person is going to have? Or -- 2 JUDGE HENNEKE: As per the budget. 3 MS. NEMEC: As per the budget. So, insurance 4 and retirement would be available to that individual? 5 JUDGE HENNEKE: Yes, if it's in the budget. 6 COMMISSIONER GRIFFIN: What did you have 7 there before? 8 MS. NEMEC: It had to be specially approved, 9 because the insurance contract states that any employee who 10 works over 19 and a half hours a week must be on the 11 retirement plan, and -- but the insurance states that an 12 employee has to work 40 hours a week. And, so, with this 13 being a part-time/full-time, that's always been a kind of a 14 vague area, where they're not really 40 hours, but they're 15 on call all the time. So, the Court has to make a special 16 -- approve this one individual to get that benefit. 17 COMMISSIONER BALDWIN: It should either be 18 part-time or should be full-time. 19 COMMISSIONER GRIFFIN: Right. And I think we 20 did away with part-time/full-time, didn't we? Or all 21 that -- 22 COMMISSIONER BALDWIN: I hope so. 23 MS. NEMEC: Except that this employee that 24 the -- the employee is in that position now, so that, you 25 know, they're -- we're redoing this. I just want to make 40 1 the Court aware of that, if this is going to change, or is 2 it going to stay the same? 3 COMMISSIONER GRIFFIN: Well, the statute 4 requires that -- that, you know, Constable Terrill's going 5 to have to come back and -- because that appointment is 6 subject, you know, to the Court's approval, so we'll need to 7 go around and do that. Why don't we address that at that 8 time? I think that that will take care of -- we can take 9 care of this issue today; that is, the authority to appoint, 10 and then we can work out those issues and we can get 11 together and see how that worked before and how we're going 12 to work it around this time. 13 JUDGE HENNEKE: There's a motion to authorize 14 the appointment of the deputy. Any further questions or 15 comments? If not, all in favor, raise your right hands. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Next item is 20 Item Number 6, consider and discuss appointment of County 21 Judge to serve as Kerr County representative for the City of 22 Kerrville Comprehensive Planning Advisory Committee. The 23 letter and the form is in your packets. Any questions or 24 comments? 25 COMMISSIONER LETZ: Judge, my preference 41 1 would be to have someone other than you serve on that 2 committee. And, my logic is that right now you're on a 3 water committee representing the Court, and you tend to, as 4 your position as Judge, be with a lot of these people more 5 than some of the other Commissioners do. I think it 6 would -- just to get a more diverse view, I'd like to see 7 Commissioner Baldwin do it. 8 JUDGE HENNEKE: Does Commissioner Baldwin 9 want to do it? 10 COMMISSIONER BALDWIN: Do I want to do it? 11 Is it my heart's desire? 12 COMMISSIONER LETZ: I wouldn't mind doing it 13 either, but I just did Subdivision Rules. 14 COMMISSIONER BALDWIN: I'd second that 15 motion. 16 COMMISSIONER LETZ: No, your name's first. 17 And, I mean, I don't mind doing it, certainly. Nothing 18 against you, but I just think you tend to deal with these 19 people a lot already. 20 JUDGE HENNEKE: Well, the -- the thinking 21 when the request came to me was that I'm elected to 22 represent the whole county, whereby the Commissioners are 23 elected to represent a precinct. That doesn't mean that the 24 Commissioner only represents a precinct, but they are 25 elected to represent a precinct. 42 1 COMMISSIONER LETZ: Right. 2 JUDGE HENNEKE: I don't care. 3 COMMISSIONER LETZ: It's just -- my view is 4 just that it is better to spread out the stuff as much as 5 possible. And that's just my view. It's up to -- 6 COMMISSIONER WILLIAMS: One other point of 7 view is, too, that I think it has something to do with where 8 an individual who serves on the committee talking about the 9 comprehensive plan for the City of Kerrville, what -- where 10 that individual lives, and the Judge lives in the city of 11 Kerrville. I think that's -- I think that's a factor to be 12 considered. 13 COMMISSIONER LETZ: Well, I mean, I think the 14 purpose -- I mean, as I see the comprehensive planning is I 15 hope -- I mean, they're talking about the relationship 16 between the County and the City. So, I mean, that -- I 17 mean, to me, it doesn't make that much difference. And, by 18 the letter from Ron Patterson, once -- you know, it can be a 19 member of the Commissioners Court or a citizen of our 20 preference. So, they just want someone to represent this 21 Commissioners Court in that -- on that committee, the way I 22 read it. And, it's just -- to me, if the Court wants the 23 Judge to do it, that's fine, but I just -- it seems that the 24 Judge is -- does these types of things more than the rest of 25 the Court does, because he's County Judge. He has -- you 43 1 know, he tends -- I mean, he's -- 2 COMMISSIONER GRIFFIN: He has to. 3 COMMISSIONER LETZ: Yeah. And it just seems 4 if you -- the more viewpoints we have, the better, when 5 dealing with the City and other -- just my viewpoint. 6 (Loud construction noise.) 7 COMMISSIONER BALDWIN: Judge Ables is mad 8 again. 9 JUDGE HENNEKE: I have no strong preference. 10 COMMISSIONER LETZ: I'll make a motion for 11 Commissioner Baldwin. 12 COMMISSIONER BALDWIN: You're not going to 13 get a second down here, I can tell you that. 14 JUDGE HENNEKE: I have a motion to authorize 15 -- appoint Commissioner Baldwin. Do we have a second? 16 COMMISSIONER GRIFFIN: This is one of those 17 things that, if there is a desire on the part of any member 18 of the Court to be -- to fulfill this function, it's an 19 important one and a good one, and if there -- there is a 20 desire on the part of anyone to do that function, then I 21 think that person ought to have the opportunity to do it. I 22 -- I'm not hearing a whole lot of enthusiasm out of the 23 other end of the table. 24 COMMISSIONER BALDWIN: Well, I'm not real 25 exited, 'cause I can tell you, part of the -- part of this 44 1 program is that they're going to take a look at the -- the 2 high water bridge that we've approved 87 times that is not 3 on the books yet. And, I'm sure that this group is going to 4 get together and say, "Hey, we need a high water bridge," 5 and I just don't want to waste my time with it, to be honest 6 with you. 7 COMMISSIONER LETZ: Well, if you don't want 8 to do it, then -- 9 COMMISSIONER GRIFFIN: Yeah, and there should 10 be some -- you know, I mean, just to give this -- 11 (Loud construction noises.) 12 COMMISSIONER BALDWIN: He's mad today, I'm 13 telling you. 14 COMMISSIONER GRIFFIN: Anyway -- 15 COMMISSIONER WILLIAMS: Was that the good 16 Lord speaking to us? 17 COMMISSIONER BALDWIN: No, it's Steve Ables, 18 I'm telling you. 19 COMMISSIONER GRIFFIN: I think a person who 20 serves on this ought to want to do it, and feel -- 21 COMMISSIONER LETZ: I agree. 22 COMMISSIONER GRIFFIN: And feel -- and I 23 think that it would be appropriate, certainly, for any 24 member of this Court to sit on it, but I think there should 25 be some desire to do it, and I think -- 45 1 JUDGE HENNEKE: Do you have the desire to do 2 it, Jonathan? You said you'd be willing to do it. 3 COMMISSIONER LETZ: Yeah, I have the desire 4 to do it. 5 COMMISSIONER BALDWIN: We could send Thea 6 over there. 7 COMMISSIONER GRIFFIN: I would make a motion 8 that Commissioner Letz -- 9 COMMISSIONER BALDWIN: Second. 10 JUDGE HENNEKE: Motion by Commissioner 11 Griffin, second by Commissioner Baldwin, that Commissioner 12 Letz be appointed to represent the County on the City of 13 Kerrville Comprehensive Planning Advisory Committee. And 14 he'll keep us fully informed as to everything that goes on. 15 COMMISSIONER LETZ: At one time, I thought I 16 was going to go. But, anyway, that's fine. 17 JUDGE HENNEKE: Any questions or comments? 18 If not, all in favor, raise your right hands. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Item Number 23 7, consider and discuss appointment of Kerr County 24 representative of the AACOG Economic Development and 25 Environmental Review Committee. I circulated to the Court 46 1 the request from AACOG and the list of current members. 2 Commissioner Williams indicated that he would reluctantly 3 agree to serve in this capacity if no one else was willing 4 to take up the cudgel. Are there any other members of the 5 Court who would like to contend for the position of Kerr 6 County representative to the AACOG Economic Development and 7 Environmental Review -- 8 COMMISSIONER LETZ: Move Commissioner 9 Williams. 10 COMMISSIONER WILLIAMS: I just want to 11 reinforce the way I put it to the Judge. If no other member 12 of the Court wants to do it. 13 COMMISSIONER GRIFFIN: Any burning desire on 14 this one? I second Commissioner Letz' motion. 15 JUDGE HENNEKE: Moved by Commissioner Letz, 16 seconded by Commissioner Griffin, that Commissioner Williams 17 be appointed the Kerr County representative to the AACOG 18 Economic Development and Environmental Review Committee. 19 COMMISSIONER BALDWIN: Two -- I have a couple 20 of questions when you get to that point. 21 JUDGE HENNEKE: Any questions or comments? 22 COMMISSIONER BALDWIN: Yes, I do, Judge. 23 Thank you. Why is there a vacancy? Who has been there? 24 JUDGE HENNEKE: I don't know. 25 COMMISSIONER WILLIAMS: Ben Low, is he still 47 1 listed here? Because he was present at -- 2 JUDGE HENNEKE: He was a representative of 3 the City, I believe. 4 COMMISSIONER WILLIAMS: He was present when I 5 made an appearance before -- the former mayor of the City of 6 Kerrville, Ben Low, was sitting on this board when I made an 7 appearance on behalf of the Kerrville South project that 8 we're interested in. I don't see his name here now, so that 9 may be the vacancy. 10 COMMISSIONER BALDWIN: I think the Judge is 11 right about that. I think he would serve the City of 12 Kerrville. I just can't believe we didn't have somebody in 13 that position, 'cause this is an important -- important 14 committee. That's all. 15 JUDGE HENNEKE: Any further questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Item number 21 8 is consider and discuss designation of the second 22 Commissioners Court meeting in February, May, August, and 23 November as evening meetings. This would continue the 24 pattern we've had for the past two years. 25 COMMISSIONER LETZ: So moved. 48 1 COMMISSIONER BALDWIN: 6 p.m.? 2 JUDGE HENNEKE: 6:30. 3 COMMISSIONER BALDWIN: 6:30 -- 4 JUDGE HENNEKE: Yes. 5 COMMISSIONER BALDWIN: -- p.m. on -- let's 6 see. Okay, we have the months and we have the time. Was it 7 the second Thursday or the ninth Thursday or -- 8 JUDGE HENNEKE: Second meeting, which would 9 be the fourth Monday. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER WILLIAMS: So moved. 12 JUDGE HENNEKE: I have a motion. Now I have 13 a second? 14 COMMISSIONER WILLIAMS: Yeah. 15 JUDGE HENNEKE: Moved by Commissioner Letz, 16 seconded by Commissioner Williams, that the Court designate 17 the second Commissioners Court meeting in February, May, 18 August, and November, which is the fourth Monday of those 19 months, as evening meetings, to commence at 6:30 p.m. Any 20 questions or comments? 21 COMMISSIONER GRIFFIN: Yes. And I'll vote 22 for the motion, but I noticed that last year we had -- out 23 of the four meetings, we had one that was very 24 well-attended, but then I -- I think that was because of the 25 agenda. These are usually agenda-driven rather than time of 49 1 day, I suspect. But, I know that we have to -- we actually 2 incur a cost for having the nighttime meetings, and is there 3 a way that we might be able to -- Tommy's not here, and I'm 4 not sure who would do it. Perhaps it's more of a personnel 5 issue and perhaps you could help us, Barbara. I would like 6 to know sort of what it costs us to do this, and that maybe 7 next year, that we might want to look at -- at some 8 adjustment to this, maybe not as many meetings at night or 9 maybe a different format or something. 10 JUDGE HENNEKE: There shouldn't be a cost 11 involved if the department heads, which I believe they are, 12 are properly managing their staff. Because if -- for 13 instance, it was Maggie for so long. It's my understanding 14 that -- that Maggie was not receiving overtime because she 15 was given permission to come in late that day or come in 16 late the next day so that she did not go over the 40 hours a 17 week. 18 COMMISSIONER GRIFFIN: Yeah. If we -- 19 JUDGE HENNEKE: Or our court reporter is on 20 salary, so Kathy's here when we need her, and even times we 21 don't need her. So, to me, there is -- there should not be 22 a personnel cost involved in having an evening meeting if 23 the department heads are not -- and I'm 1,000 percent sure 24 they are -- are adequately supervising their employees. 25 COMMISSIONER GRIFFIN: I'm just asking the 50 1 question. If it were to be shown that there's no or very 2 little cost or whatever, or disruption to the normal flow of 3 business -- because, obviously, if somebody's got to be here 4 and they're not here in the morning, or -- this morning or 5 tomorrow morning, then there is an opportunity for cost, at 6 least. Is that creating any kind of problem? If it's not, 7 then fine, we can press right on and do it once a quarter or 8 whatever, just like we have this last year, and we'll do 9 that next year or next couple years. And, I'm not raising 10 it as a -- as a big bugaboo. It's just something I think we 11 need to look at, and perhaps make some adjustments in the 12 following year. 13 COMMISSIONER BALDWIN: Not only the cost, but 14 if we see -- if we see that we're the only people in this 15 room -- 16 COMMISSIONER GRIFFIN: Yeah. 17 COMMISSIONER BALDWIN: -- at nighttime, which 18 is defeating the purpose. The purpose is to allow working 19 folks to come in at their convenience to meet with the 20 Commissioners Court, and if that's not happening, I mean, 21 it's ridiculous for us to come up here at nighttime. But, 22 it's been well-attended, Judge. We tried this a long time 23 ago and we were the only ones here, and it was ridiculous. 24 It was almost a waste of time. But, it's -- that's not the 25 case this time. We are -- we've had pretty good attendance. 51 1 JUDGE HENNEKE: I take a little different 2 view, too, because, to me, it's an opportunity. 3 COMMISSIONER BALDWIN: Yeah. 4 JUDGE HENNEKE: Whether it's taken advantage 5 of by the citizens or not, that's their responsibility. Our 6 responsibility is to make government available to the 7 citizens. And, fortunately, we've had good attendance, so 8 it's been something that we've enjoyed, but it's something 9 that I hope we continue regardless of the attendance, and if 10 there are any costs, that the costs are well worth providing 11 the opportunity to the citizens to participate more fully in 12 the government. 13 COMMISSIONER GRIFFIN: I wouldn't argue with 14 that at all. I'd just like to get a handle for what it is 15 so that it doesn't create any problem. If not, we're fine. 16 JUDGE HENNEKE: I'll get with Barbara and 17 we'll see if we can quantify any -- any costs. 18 MS. NEMEC: I haven't seen any overtime costs 19 as a result of the night meetings. Now, whether it's 20 putting the burden on the departments because they're 21 letting them take off that next day or that morning, I 22 couldn't answer that, but there has not been any overtime 23 costs because of it. 24 JUDGE HENNEKE: We have -- a motion's been 25 made and seconded. Any further questions or comments? If 52 1 not, all in favor, raise your right hands. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. 6 COMMISSIONER LETZ: Glad we have a short 7 agenda today. 8 COMMISSIONER GRIFFIN: Yes. 9 JUDGE HENNEKE: Next item is Item Number 9, 10 which is consider and discuss the creation of a 25-person 11 Citizens Advisory Committee on Redistricting, with five 12 members to be designated by each Commissioner and County 13 Judge. This is my -- my idea. Whether we do it or not is 14 obviously up to the majority. To me, redistricting is such 15 a significant event, it happens only once every 10 years, 16 that it is an opportunity for the Court to reach out again 17 to the citizens and make them more involved in the -- in the 18 operation of the County government. Twenty-five people came 19 to mind simply so that we'd each have the opportunity to 20 reach out and bring in five people from our -- from our 21 constituents and our friends and neighbors. It would be 22 strictly an advisory committee. The only authority to 23 redistrict lies with the Court. I don't know what anyone's 24 feelings are on this, and I'd just like to hear some 25 feedback. 53 1 COMMISSIONER LETZ: I think it's a good idea. 2 Five is a little bit high on numbers, to me. I'd recommend 3 either three or four, just because it's a more manageable 4 group, I think. But -- but I think it's a good idea to get 5 the input. The only -- I guess the only concern I have is, 6 I think that we need to almost, you know, internally agree 7 or whatever that we're going to listen to this group. I 8 mean, if they have -- if there's a strong desire for a 9 certain neighborhood or something to be in one precinct or 10 another -- and it's kind of a switch. I mean, we need to 11 try to sincerely take their -- their advice under 12 consideration, and serious consideration. Granted, you may 13 not be able to do it, because the boundaries have to be 14 dictated by population more than anything else. And -- 15 JUDGE HENNEKE: I totally agree with that. I 16 think that -- and I think their input would really be 17 invaluable on the voting precincts. Not necessarily the 18 Commissioners' precincts, because that's kind of a macral 19 look. But, we when we get down to the voting precincts -- 20 and we're probably going to have to make some adjustments in 21 those. 22 COMMISSIONER WILLIAMS: That's the point I 23 was going to make, too, Judge, following up. Would it be 24 more advantageous in the makeup of this group to have a 25 representative from each voting precinct, as opposed to 54 1 Commissioners' precinct? That way, we get that kind of mix 2 that you're talking about. Or -- 3 COMMISSIONER LETZ: I think the -- I 4 would envision, anyway, a change in some of those; possibly 5 the number, and the boundaries of them, certainly. I think 6 that if you designate a representative from each precinct, 7 you're kind of saying you're protecting those precincts a 8 little bit more than -- 'cause I really think I -- you know, 9 my first thought is based on the problems we've had in 10 getting judges at all these different voting locations, and 11 with the growth of absentee voting or early voting, that we 12 probably need to reduce the number of voting precincts a 13 little bit. 14 JUDGE HENNEKE: That's unlikely to happen, 15 because we have a requirement that no single voting precinct 16 can have more than 5,000 voters in it. 17 COMMISSIONER LETZ: Right. 18 JUDGE HENNEKE: And we're right at that in at 19 least two, perhaps over. So, it would be difficult for us 20 to reduce the number of voting precincts that we have, at 21 least in those areas. 22 COMMISSIONER LETZ: Right. It's -- the area 23 that I'm thinking about primarily is the rural areas. 24 JUDGE HENNEKE: Right. 25 COMMISSIONER LETZ: The most rural area is 55 1 where we have the hardest time getting -- at least in my 2 precinct. I have two that it's very difficult to get people 3 to man those locations. And, I look at this as a -- 4 COMMISSIONER GRIFFIN: Might even be hard to 5 get some committee members for this thing out of some of 6 those, too. 7 JUDGE HENNEKE: The problem -- another 8 problem with that, though, is that you may end up with such 9 a large voting precinct that it will discourage people 10 from -- 11 COMMISSIONER LETZ: Going to the poll. 12 JUDGE HENNEKE: I understand that, 13 historically -- I'm sure Commissioner Baldwin can support -- 14 that we've had some complaints from people as to the 15 distances they've had to go in order to go to a polling 16 place. Now, early voting mitigates that some, but, again, 17 in the rural areas, it means they have to come all the way 18 into town to vote. 19 COMMISSIONER LETZ: Right. And, it's just 20 something -- but, anyway, I think that I like just a flat 21 number, whether it's three, four, or five. I mean, I can 22 live with any of them. I think it's a good idea. I just -- 23 COMMISSIONER GRIFFIN: What do you think 24 about the size? I think it's an excellent idea. 25 JUDGE HENNEKE: I thought about five, 'cause 56 1 that's 25 people, which is a fair -- you know, a -- it can 2 be a cumbersome number, but I don't anticipate they'll all 3 come every time. 4 COMMISSIONER GRIFFIN: Mm-hmm. 5 JUDGE HENNEKE: Plus, if it's five, that 6 gives each of us the opportunity to reach out and bring in 7 five people. Three is equally -- it's just -- three's fine. 8 I mean, I have no -- I'm not wedded to the number. I think 9 it's a good concept. If we want to go three as opposed to 10 five -- 11 COMMISSIONER WILLIAMS: Couple questions. 12 First of all, how does the committee form itself? Who 13 chairs it? How is that decided? What materials will we 14 have available to assist them in this topic? 15 COMMISSIONER BALDWIN: And the charge. 16 COMMISSIONER WILLIAMS: And what is the 17 charge to the committee, right, those things. 18 JUDGE HENNEKE: Well, I have a number of 19 articles on the redistricting process, so I would make those 20 available. My understanding is that they would -- my belief 21 is that they would have access to the proposed maps and all 22 the demographic information. When we -- when we authorized 23 money for redistricting, you may recall, we intentionally 24 put more money in the budget than the contract provided for, 25 for the purpose of reproduction and things like that. So -- 57 1 COMMISSIONER GRIFFIN: Would they be -- I 2 mean, obviously, they can come as citizens anyway, 'cause it 3 has to be an open meeting. But, when we meet with our 4 contractor, will this committee be there to absorb all of 5 that? I mean, we would want to encourage that so that they 6 hear how the process works and -- 7 JUDGE HENNEKE: That would be my plan. 8 COMMISSIONER GRIFFIN: That's a big part of 9 it. 10 JUDGE HENNEKE: That would be my plan, is 11 that when Bob Heath comes over and meets with us, that -- 12 you may recall, the contract calls for him to meet with us 13 up to four times. That we would arrange those as workshops 14 or whatever so that the Citizens Advisory Committee would be 15 included in that. As far as their charge is concerned, 16 their charge would be to advise the Court as to the 17 redistricting lines and locations. 18 COMMISSIONER GRIFFIN: And almost any aspect 19 of that. 20 JUDGE HENNEKE: Any aspect, yes. Knowing -- 21 knowing fully -- fully up front that we have the ultimate 22 decision. 23 COMMISSIONER GRIFFIN: Mm-hmm. 24 JUDGE HENNEKE: But I think, as Jonathan 25 says, we need to elicit them, particularly on the voting 58 1 precinct level. I think we're -- I anticipate redistricting 2 is not going to be contentious, but it's going to be 3 difficult because of the different growth rates throughout 4 the county. 5 COMMISSIONER LETZ: My gut feeling is that 6 everything's going to move west, that Larry's going to lose 7 and everyone's going to have to adjust accordingly. Larry's 8 probably had the steepest growth in the county. 9 COMMISSIONER GRIFFIN: I think there's some 10 logical ways that that redistricting of the west end can 11 fall out. I mean, I think I've already looked at some of 12 that, and I think there's some reasonable ways that that can 13 be done. That will not be contentious or -- but it's going 14 to be -- it's going to have to be done. That's the thing. 15 And, exactly where do you draw the line? 16 COMMISSIONER WILLIAMS: I like the number 17 five. When you think about 25 people out of 40-plus 18 thousand, that's not a large number. That's a pretty 19 reasonable representation. 20 COMMISSIONER LETZ: I do like the -- that's 21 fine. Five is fine as a number, not much difference to me. 22 The -- I like the form that Headwaters has used on their new 23 appointment, is that they designated all the dates ahead of 24 time. And, you know, it may be a little bit harder with 25 this, because we're going to have to deal with when 59 1 information is available, things of that nature. But, I 2 think, to have a clear charge, you know when you start, when 3 you're going to end, and have as many -- and some of the 4 dates, anyway, set up ahead of time so people can plan for 5 it is a good way to, you know, structure it. I think it 6 just needs to be very clearly, you know, set out as to what 7 they're going to do and what information, you know -- 8 COMMISSIONER WILLIAMS: Did they set out a 9 manner by which the committee organizes itself so that this 10 doesn't run, you know, really willy-nilly? Why don't we 11 ask -- move the agenda forward? Will they do that? Do you 12 know? 13 COMMISSIONER LETZ: It appeared to me, by 14 only the first meeting at night, that probably Jim Heintz 15 was going to chair it, but I don't really know that. I 16 think someone needs to be designated to do it. I think it's 17 going to be done through workshops. It could even be the 18 Judge. 19 COMMISSIONER GRIFFIN: I started to say, I 20 think this is a case where having the Judge serve as the 21 chairman of the Advisory Committee is very appropriate. 22 He's going to have time to do that now that you -- 23 COMMISSIONER WILLIAMS: He's not going to be 24 on the City Comprehensive Planning -- 25 JUDGE HENNEKE: I'm going to need the 60 1 information Jonathan provides us after every meeting, and 2 the accurate, detailed notes that he takes. 3 COMMISSIONER GRIFFIN: Right. 4 JUDGE HENNEKE: The problem with dates, 5 Jonathan, is that it's difficult to know when the 6 information is available. I had written -- I think I gave a 7 copy to each of you -- to Bob Heath asking him to tell us 8 when he anticipated coming over here the first time, which 9 would be hopefully sometime in April. And, as soon as we 10 know that, then we can make that available to the advisory 11 committee as the first meeting, and then we'll try to set 12 out the meetings after that. 13 COMMISSIONER LETZ: Well, that can be worked 14 on. So, I guess we need a motion just to do it, and if you 15 want to set a deadline for us to come up with names. 16 JUDGE HENNEKE: Exactly. And we don't have 17 to be in a particular hurry. We can give ourselves 30 days 18 to come up with them if we'd like, the first meeting in 19 February. Since my appointments tend to be more 20 county-wide, I'd like to ask that, as soon as you have your 21 appointments firmed up, if you'd let me have them. I'm not 22 circulating them; it's just so that I don't approach someone 23 who Commissioner Baldwin or Commissioner Griffin has already 24 approached. So, is that a motion? 25 COMMISSIONER LETZ: Yes, so moved. 61 1 COMMISSIONER GRIFFIN: Second. 2 JUDGE HENNEKE: Moved by Commissioner Letz, 3 seconded by Commissioner Griffin, that the Court appoint a 4 25-person -- create a 25-person Citizens Advisory Committee 5 on Redistricting, with five members to be designated by each 6 Commissioner and the County Judge, and members of the 7 committee to be announced at the first Commissioners Court 8 meeting in February. 9 COMMISSIONER LETZ: Only comment I have, I 10 think -- just to remind you all, I think, because of the 11 nature of this and the -- I think the whole process is under 12 federal government. We need to be careful on gender and 13 race, make sure we have a good balance in the county. 14 JUDGE HENNEKE: I think that's a good 15 comment. 16 COMMISSIONER BALDWIN: My comment is along 17 the same lines. I just wanted to encourage you guys, when 18 you're selecting your people, to make sure that they agree 19 that we can carve out part of Riverhill and put it into 20 Precinct 1. 21 (Laughter.) 22 COMMISSIONER WILLIAMS: I don't think that's 23 going to happen. 24 COMMISSIONER BALDWIN: I wouldn't bet on it. 25 That's a fair way to do things. 62 1 COMMISSIONER GRIFFIN: What part of Cypress 2 Springs do you want? 3 COMMISSIONER WILLIAMS: That's a stretch. 4 JUDGE HENNEKE: Any further questions or 5 comments? If not, all in favor, raise your right hands. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Final item 10 on the agenda is Item Number 10, which is consider and 11 discuss a resolution authorizing designated signatories for 12 T.C.D.P. Contract Number 720135, which is the grant we 13 received for mapping in Kerr County. The resolution they 14 requested is in your packet. Any questions or comments? 15 COMMISSIONER WILLIAMS: Move the resolution 16 as presented. 17 COMMISSIONER BALDWIN: Second. And that 18 means that all three of the -- the Judge and Treasurer and 19 the Auditor, all three sign? Is that -- 20 JUDGE HENNEKE: I believe they're all three 21 authorized to sign. 22 COMMISSIONER BALDWIN: Okay. But, there's 23 not a -- 24 COMMISSIONER WILLIAMS: Authorized. 25 JUDGE HENNEKE: Moved by Commissioner 63 1 Williams, seconded by Commissioner Baldwin, that the Court 2 adopt the resolution of Kerr County authorizing designated 3 signatories for T.C.D.P. Contract Number 720135. Any 4 further questions or comments? If not, all in favor, raise 5 your right hands. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. 10 COMMISSIONER LETZ: Judge, going back up to 11 2.9, that's going to be on our agenda first meeting in 12 February? 13 JUDGE HENNEKE: Correct. 14 COMMISSIONER LETZ: Okay. 15 COMMISSIONER WILLIAMS: Announcing who they 16 are. 17 COMMISSIONER LETZ: So, get it to you 18 probably -- well, as soon as we can. 19 JUDGE HENNEKE: If there's nothing else to 20 come before us, we stand adjourned. Thank you all. 21 (Commissioners Court adjourned at 10:20 a.m.) 22 - - - - - - - - - - 23 24 25 64 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 9th day of January, 8 2001. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25