1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, February 12, 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 February 12, 2001 PAGE 2 2.1 Presentation - V.A. Medical Center status 19 3 2.2 Annual report - Historical Commission 31 2.3 Road & Bridge advertisement for annual bids 37 4 2.4 Road & Bridge acceptance of ArcView GIS software 39 2.5 Approve road names for privately maintained roads 40 5 2.6 Abandon right-of-way on Joe Drymala property 42 2.7 PUBLIC HEARING - Revision of Tract 64 & 66, 6 Ingram Hills Subdivision 47 2.8 Final Revision of Plat, Tract 64 & 66 above 51 7 2.9 Open annual bids - electrical, plumbing, & HVAC 53 2.10 Accept or reject above bids 54 8 2.11 Open annual bids - repair parts, labor, service & related items for county vehicles 55 9 2.12 Accept or reject above bids -- 2.13 Open bids - body shop repairs, County vehicles 57 10 2.14 Accept or reject above bids 58 2.15 Sending out RFP's for communications system 59 11 2.16 Preliminary revision of plat, Tract 44 & 45, Kerrville South II, Precinct 1 69 12 2.17 Preliminary revision of plat - Tracts 5A & 6A, Whiskey Ridge Ranches, Precinct 3 73 13 2.18 Establish speed limit of 30 mph on C.P. River Road, set public hearing on same 78 14 2.19 Approve annual accounts/status of investments 84 2.20 Reimbursement of interest per Dt. Court order 85 15 2.21 Request from Kerr County Fair Association to place portable building on HCYEC property 92 16 2.22 Resignation of Chuck Brecher, Solid Waste Dept. 95 2.24 Request for variance to OSSF requirements to 17 Eddie & Joyce Sowell, Center Point, Texas 105 2.25 Donation of Texas Ranger photographs 116 18 2.31 Accept gift of Western prints from Cowboy Artists of America Museum 123 19 2.23 Revision to County Personnel Policy to require annual Employee Performance Reviews 131 20 2.26 Resolution supporting Plateau Water Plan Group's request for funds for Trinity Aquifer monitoring 147 21 2.27 USDA/NRCS agreement, construction of temporary bridge for Hermann Sons crossing 150 22 2.28 Right-of-ways for Hermann Sons Crossing, authorize County Judge to sign 152 23 2.29 Approve job description for Information Systems Support Specialist 155 24 2.30 Set date & format for OSSF workshop 161 2.32 Authorize Commissioners & Judge to appoint one 25 high school student to Redistricting Committee 171 2.33 Open House & unveiling of cannon on Feb. 22 183 3 1 On Monday, February 12, 2001, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good morning, everyone. It's 8 9 o'clock on Monday, February 12th, Year 2001, and we will 9 convene this regular meeting of the Kerr County 10 Commissioners Court. Commissioner Letz? 11 COMMISSIONER LETZ: Everyone please stand for 12 prayer. 13 (Prayer and pledge of allegiance.) 14 JUDGE HENNEKE: We have an extensive agenda 15 today. I think we've set a record for my tenure with 33 16 items, so we're going to drive the train pretty hard today. 17 At this time, if there's any citizen who'd like to address 18 the Court on an item which is not on the regular agenda, 19 they may come forward and do so. Is there any citizen who 20 would like to address the Court on an item which is not on 21 the regular agenda? Seeing none, we will turn to the 22 Commissioners' comments. Let's start with Commissioner 23 Letz. 24 COMMISSIONER LETZ: Judge, is this the point 25 where we're going to announce our committee members? 4 1 JUDGE HENNEKE: I think that would be 2 entirely appropriate, yes, sir. 3 COMMISSIONER LETZ: Okay. The individuals 4 I've chosen to serve on the Redistricting Committee are 5 Clarence Burrow from Comfort, Alice Gutierrez from Comfort 6 area, Reverend Phea from Kerrville, and Janda Castillo from 7 Kerrville, and Walter Schellhase. They all are looking 8 forward to it; I think they'll give a good representation of 9 my precinct and will do a real good job. 10 JUDGE HENNEKE: Excellent. 11 COMMISSIONER LETZ: And the only comment I 12 have is that we're about to enter my favorite time of the 13 year, baseball season. Let's -- let's hope all the best for 14 all the baseball players in the community. And A & M, for 15 that matter. 16 COMMISSIONER GRIFFIN: Right. 17 JUDGE HENNEKE: Commissioner Griffin? 18 COMMISSIONER GRIFFIN: Two things. One, in 19 the computer area, I think it's important that we note that 20 the firewall is in. We're getting ready to go with e-mail 21 accounts for the County, and then later on, of course, we'll 22 look at how we put it in, but we'll have a web page -- or 23 web site. Several pages, I hope, eventually. And -- but 24 there is one thing that we want to make sure that everybody, 25 all the County employees understand and that the public 5 1 understands, too, and that is until we have good virus 2 protection in place -- and that's the last link and we're 3 working on that now -- until we have good virus protection 4 in place, we will not go active with this system, because we 5 just can't afford to have a virus threat out there. So, if 6 you hear that things are moving along, great, but we've 7 still got that one very important step before we go live 8 with it. So, still be a little bit patient. And, my 9 members to the committee -- and, again, I, like Commissioner 10 Letz, tried to make sure that we got good representation 11 from all over Precinct 4. I have chosen Jack Burch of 12 Mountain Home, Elaine Casteel of Ingram, Linda Coffee in 13 Kerrville, Wayne Este in Hunt, and Jack Parks of Kerrville. 14 They've all agreed to serve. I think they'll be good 15 representatives, and they all understand the redistricting 16 process in general. So, I look forward to working with 17 them. 18 JUDGE HENNEKE: Commissioner Baldwin? 19 COMMISSIONER BALDWIN: Yes, sir. I'd like to 20 announce my list. They are Sandy -- that's a female, Sandy 21 Wolfmueller from Voting Precinct Number 113. Sam Gross, 22 he's a retired attorney, Precinct 107. Bill Tennant, 23 Precinct 113. Dave Gipson, 101, and Marie Davis of Voting 24 Precinct 113. I wanted to say that we're also moving into 25 my favorite time of the year, which is track season. You'll 6 1 have more people at the track meets than you do at the 2 baseball games, thank God. 3 (Laughter.) 4 COMMISSIONER BALDWIN: And, there's a 5 gentleman in the audience that's on our program this 6 morning, Dr. Dan Bacon, that was my personal doctor for 7 many, many years, and of all the many friends and people 8 that I know, this guy knows me better than anybody, inside 9 and out. Good to see you, sir. 10 DR. BACON: Thank you. 11 COMMISSIONER BALDWIN: Thank you. 12 JUDGE HENNEKE: Commissioner Williams? 13 COMMISSIONER WILLIAMS: My picks for the 14 redistricting committee are Mr. Jack Furman of Kerrville, 15 Mr. James Murphy, Mrs. Linda Demasco, Mr. Tom Butters of 16 Center Point, and Mr. Chris Childs of Shadow Ranch on Turtle 17 Creek -- Lower Turtle Creek Road. And, I'd like to bring 18 the Court up to date on the status of -- of our grants that 19 we're applying for with respect to Kerrville South program. 20 I had an e-mail from Eric Hartzell of Grantworks last week. 21 "Dear Commissioner Williams, the latest word from the State 22 is that they are, quote, almost finished with scoring. The 23 staff member I spoke with felt that the scores and rankings 24 would be announced for the C.D. fund" -- the smaller of the 25 two grants we applied for -- "within about two weeks. The 7 1 Colonias fund" -- that half a million dollar fund -- "will 2 not be announced until later, likely March or April. As we 3 discussed, the County's Colonia grant is the more likely, 4 but we feel fairly confident that both the C.D." -- that's 5 the one that we applied for, incidentally, through AACOG -- 6 "C.D. and the Colonia projects would be recommended for 7 funding. We may have to fiddle with the locations and 8 timing of specific activities, since the Colonias grants are 9 grants that would likely make funds available in the summer 10 of 2001, while the C.D. funding will likely not be available 11 until the summer of 2002. This will not be a big issue, as 12 we will know that the funding is coming" -- if granted -- 13 "so that we'll be able to phase the construction according 14 to engineer's design." 15 JUDGE HENNEKE: Okay, thank you. My 16 selections for the Advisory Committee are David Jackson, an 17 attorney here in Kerrville, Stan Kubenka from the Ingram 18 area, Pat Dye from the Turtle Creek area, Hiram Henderson, 19 and Louis Romero, Jr. It's an outstanding group that we've 20 selected representing the county as a whole, and I think it 21 will be -- give us great advice as we move through the 22 uncertainties of redistricting on a short timetable, 23 starting in April. We will be sending some printed 24 materials out to these people so they can have a chance to 25 look at it in advance and be ready to assist us when the 8 1 time comes. I want to thank each of the Commissioners for 2 their efforts in insuring that we have a wide representation 3 of all of the county. It's an outstanding group. 4 We're actually hitting my favorite time of 5 year, which is mock trial time, and even though I no longer 6 have any children involved, the Tivy High School team once 7 again won the regional championship Saturday and will be 8 moving on to the state competition in Dallas in March. And 9 also, it's interesting to note that the Tivy girls 10 basketball team beat Fredericksburg Saturday afternoon in a 11 play-off with a 3-point shot at the buzzer, so they end up 12 as the number two seat coming out of our district and will 13 move on into the play-offs. So, it's an interesting time of 14 year for those of us who would like to follow high school 15 extracurricular activities. 16 COMMISSIONER BALDWIN: Fred, I want to make a 17 comment about your mock trial group. I was up here working 18 yesterday and I heard a tap on the door, looked out there, 19 and there's a -- there's that group trying to get into the 20 courthouse on a Sunday to practice or whatever they do. 21 And, shortly thereafter, Judge Ables showed up and let them 22 in, but -- I mean, I let them in until he got here. I held 23 them out here. 24 (Laughter.) 25 COMMISSIONER BALDWIN: But -- but that's 9 1 beyond the call of duty. I think those guys -- those young 2 people working like that on a Sunday afternoon is 3 incredible. 4 JUDGE HENNEKE: They do work hard, and the 5 results show. I mean, they've been -- I think this is the 6 15th year they've competed in mock trial. They've won the 7 regional every year but one. They've won State three times, 8 the only -- the only team in the history of the state 9 competition that wasn't a 5-A school to win it back-to-back 10 years, and they finished third in the nation two years ago. 11 So, it's an incredible program, and the thanks go to Bobbie 12 Murray, the sponsor at the high school, and even more than 13 that to the local attorneys and members of the judiciary, 14 Judge Ables and Judge Prohl in particular, who volunteer 15 their efforts in training those kids. Our hats are off to 16 everybody who participates in that and all the successful 17 programs, not just at Tivy, but throughout the county. We 18 have a very, very excellent school system network here in 19 Kerr County, all the way from east to west, and we're very 20 lucky to be able to enjoy the benefits for all of us here in 21 Kerr County. 22 COMMISSIONER LETZ: Judge, I have one 23 question on the redistricting. Are we going to discuss a 24 little bit where we're going with that on the last agenda 25 item? I -- 10 1 JUDGE HENNEKE: Sure, we can. 2 COMMISSIONER LETZ: All right. 3 JUDGE HENNEKE: Okay. All right. Anything 4 else? Let's pay some bills. Mr. Auditor? Does anyone have 5 any questions or comments about the bills? 6 COMMISSIONER BALDWIN: I do. I do. I do. 7 JUDGE HENNEKE: Okay, Commissioner. 8 COMMISSIONER BALDWIN: Page 11, about halfway 9 down in Group 630, Health Department, to the City of 10 Kerrville, First Responders expense, $625. That's the one 11 that I harp about monthly. We've -- since the last 12 meeting -- and I brought it up last meeting letting you know 13 that it will be coming up in this cycle of bills. And, it's 14 my understanding that that money goes toward the salary of 15 an EMS Coordinator. That is a City employee, and this money 16 goes over for him to help us coordinate the First Responder 17 program in the county. There is not a person in that 18 position, so I have a hard time and problem -- I really 19 think that it's probably illegal for us to be sending 20 taxpayers' money over there and not receiving something in 21 return. So, in the meantime, I have spoken with the City 22 Manager, and he is researching it. So, that's all I know. 23 I'm not willing to pay the bill. 24 COMMISSIONER LETZ: Commissioner, it's my 25 recollection that that program has been vacant for -- or 11 1 that position has been vacant there for some time, or it was 2 vacant and they finally got someone appointed. That person 3 was there a month. 4 COMMISSIONER BALDWIN: He's been gone about a 5 month. It's been vacant about a month. 6 COMMISSIONER LETZ: It was vacant before that 7 time as well for a while -- 8 COMMISSIONER BALDWIN: That is correct. 9 COMMISSIONER LETZ: -- when Ron Derrick left. 10 And, do we have any other options, or are we tied to the -- 11 to the City under -- for any reason, or we just choose to 12 work through the City on this? 13 COMMISSIONER BALDWIN: Well, we choose to 14 work through the City because that position is there, and he 15 is a -- his job with the City is, like, a training officer 16 for those folks that do the ambulance work and the medical 17 work for the City of Kerrville Fire Department. And, it's 18 just a -- it's just a good place for our person to be at the 19 same time. 20 COMMISSIONER LETZ: But, I mean, it's our -- 21 it's our choice, essentially, to have that individual at the 22 City of Kerrville be our representative? 23 COMMISSIONER BALDWIN: Yes, absolutely. 24 Yeah, the First Responder program is our program. 25 COMMISSIONER GRIFFIN: Is there a way that we 12 1 could notify the City or whatever that we -- these payments 2 would not be forthcoming until and unless the position is 3 filled? And if they'll notify us when the position is 4 filled, we'll pick up the payments. 5 COMMISSIONER BALDWIN: Well, I did that, and 6 in my own gentle way. 7 COMMISSIONER GRIFFIN: Mm-hmm. 8 COMMISSIONER BALDWIN: Via letter to the City 9 Manager. And, he phoned me a couple of days later, after 10 he'd received my letter, and said that he's -- he's new 11 there and he's -- it was his first time out with this deal, 12 and he wants to research it completely. And that's been -- 13 that's been a week ago or so. 14 COMMISSIONER LETZ: I guess my question is, I 15 mean, I know, you know, the volunteer fire department that I 16 talk to the most is Comfort, and they utilize this program 17 extensively. And I'm just -- I mean, I want to make sure 18 that -- I think it's a great program, or it can be a great 19 program, but it's had problems in the past couple years, and 20 I'm wondering if -- you know, if it is -- the Kerrville Fire 21 Department, essentially, or EMS thinks that it is as 22 important as this Commissioners Court thinks it is. And if 23 it -- they don't, maybe we can look at different ways to 24 have someone head it up and pay that person. I'm just 25 looking -- I mean, I don't know. I'm just tossing that out 13 1 because, I mean, it hasn't worked very well with the City of 2 Kerrville handling it for the last couple years. 3 COMMISSIONER WILLIAMS: Aren't they equipped 4 out of the EMS program? Doesn't their equipment come out of 5 the EMS program, their training? 6 COMMISSIONER BALDWIN: Yes. 7 COMMISSIONER WILLIAMS: Okay. 8 COMMISSIONER BALDWIN: Yes, it's the same 9 person that trains the EMS people as it's -- trains our -- 10 we never have -- we haven't had it in years. We've been 11 sending -- and my -- my -- you know, I think that if we -- 12 if I hang in there with them, we keep working on the deal, 13 that it will all work out eventually. But, my problem with 14 this is that -- and when I brought this up last time, I saw 15 Fred do this, shake his head like this, as from a lawyer's 16 point of view. And, I just feel like that it's -- it is 17 possibly illegal for us to be sending taxpayers' money -- 18 he's doing it again. 19 (Laughter.) 20 COMMISSIONER BALDWIN: Taxpayers' money over 21 there, and not receiving something in goods or services. I 22 just don't think you're supposed to do that. 23 COMMISSIONER LETZ: Enough discussion on my 24 part. 25 COMMISSIONER WILLIAMS: Is there a 14 1 possibility that those payments that we've already sent 2 would be credited to our account for future use? 3 COMMISSIONER BALDWIN: I've got my doubts 4 about that one, but we -- we can sure ask. 5 COMMISSIONER GRIFFIN: Well, if we don't pay 6 it, that will certainly bring the issue to a head. You 7 know, that -- 8 COMMISSIONER BALDWIN: I let him know that I 9 was not in favor. You know, it's just one vote here, but 10 I'm not in favor of sending any more over there until this 11 thing gets resolved. 12 JUDGE HENNEKE: I think you're right that 13 there's a contractual issue here, that if we're not 14 receiving the services, we probably do not have a strong 15 legal basis for sending it over there. I'll throw in a word 16 of caution, though; that I think it would cost us a lot more 17 to try to set up a First Responder program independently of 18 EMS than it would to continue the relationship. I think we 19 just need to get the bookkeeping worked out. 20 COMMISSIONER BALDWIN: Yeah, I think that we 21 will. 22 JUDGE HENNEKE: Anyone else have any 23 questions or comments on the bills? 24 COMMISSIONER WILLIAMS: Move we pay the 25 bills, with the exception of the one that the Commissioner 15 1 noted. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Motion made to authorize 4 payment of the bills as recommended by the auditor, with the 5 exception of Invoice Number 121792 to the City of Kerrville 6 for $625. Any further questions or comments? If not, all 7 in favor, raise your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. Budget 12 amendments. Budget Amendment Number 1 is for Road and 13 Bridge Administration. 14 MR. TOMLINSON: In the budget, Road and 15 Bridge Administration budgeted for some improvements for 16 their facility. Part of it was for the purchase of a chair, 17 and I'm asking that we -- we move the -- the funds from the 18 Maintenance Facility line item to Capital Outlay for $75.99. 19 COMMISSIONER GRIFFIN: So moved. 20 COMMISSIONER BALDWIN: Second, with a 21 question. 22 JUDGE HENNEKE: Moved by Commissioner 23 Griffin, seconded by Commissioner Baldwin, that the Court 24 approve Budget Amendment Request Number 1 for the Road and 25 Bridge Department. Commissioner Baldwin, do you have a 16 1 question? 2 COMMISSIONER BALDWIN: Has the chair been 3 purchased already? 4 MR. TOMLINSON: Yes. 5 COMMISSIONER BALDWIN: So here we are 6 purchasing something that's not budgeted yet. 7 MR. TOMLINSON: It was in the budget. I 8 mean, part of -- part of the plan -- their plan was -- was 9 the addition of $3,000 in the Maintenance Facility, so that 10 was part -- that was part of their overall plan to buy 11 furnishings. This is -- this is an effort to -- to change 12 the accounting for it into the right account. 13 JUDGE HENNEKE: Any further comments or 14 questions? If not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Budget 19 Amendment Request Number 2 is Nondepartmental. 20 MR. TOMLINSON: Okay. This amendment is from 21 my request. This is for the renewal of the property 22 insurance for Nondepartmental. It's for the property 23 coverage for the courthouse. We're -- we budgeted $9,000. 24 The premium was $9,439, so I'm requesting $439 be 25 transferred from the Liability Insurance account to the 17 1 Property Insurance. 2 COMMISSIONER GRIFFIN: So moved. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE HENNEKE: Moved by Commissioner 5 Griffin, seconded by Commissioner Baldwin, that the Court 6 approve Budget Amendment Request Number 2, Nondepartmental. 7 Any further questions or comments? If not, all in favor, 8 raise your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Number 3 is 13 for the County Clerk's office. 14 MR. TOMLINSON: This is a request from 15 Jannett Pieper to replace a printer in the Land Department. 16 This would be a transfer of $500 from -- out of Ballot 17 Expense in the -- in Line Item 10-402, which is Elections, 18 to Capital Outlay in the Land Department for $500. 19 COMMISSIONER BALDWIN: So moved. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Moved by Commissioner 22 Baldwin, second by Commissioner Griffin, that the Court 23 approve Budget Amendment Request Number 3 for the County 24 Clerk's office. Any further questions or comments? If not, 25 all in favor, raise your right hands. 18 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: All opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Do we have 5 any late bills, Tommy? 6 MR. TOMLINSON: No. 7 JUDGE HENNEKE: Okay. At this time, I would 8 entertain a motion to waive reading and approve the minutes 9 of the January 1, 2001, January 8th, January 12th, and 10 January 22nd meetings. 11 COMMISSIONER BALDWIN: I move. 12 COMMISSIONER GRIFFIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Baldwin, seconded by Commissioner Griffin, that the Court 15 waive reading and approve the minutes of the January 1, 16 January 8, January 12, and January 22, Year 2001 meetings of 17 the Commissioners Court. Any questions or comments? If 18 not, all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: At this time, I will 23 entertain a motion to approve and accept the monthly reports 24 as presented. 25 COMMISSIONER LETZ: So moved. 19 1 COMMISSIONER BALDWIN: Second. 2 JUDGE HENNEKE: Moved by Commissioner Letz, 3 seconded by Commissioner Baldwin, that the Court approve the 4 monthly reports as presented. 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. We'll now 10 turn directly to the consideration agenda. The first item 11 of business is to consider and discuss presentation by Dr. 12 Dan Bacon regarding what's going on at the Kerrville V.A. 13 Medical Center. Dr. Bacon? 14 DR. BACON: Thank you. 15 JUDGE HENNEKE: Glad to have you this 16 morning. 17 DR. BACON: Judge, Commissioners, it's a real 18 pleasure. I appreciate your inviting me to come, and maybe 19 I can tell you a little bit about the V.A., and maybe I can 20 dispel some of the confusion that's existed around us since 21 1995. I'm the Chief Medical Officer of the Kerrville 22 Division of the South Texas Veterans Health Care System, and 23 as they always say, the shorter the name, the longer the 24 power or the more power you have. And I'm getting a longer 25 one as I go along here. You know, you start with a director 20 1 and then the associate director and then the deputy 2 associate director and so on down the line. As it gets 3 longer, it gets weaker. 4 The idea of care of those who defend our 5 homeland is not new. And, I won't frighten you with this, 6 but as far back as 1635, Plymouth Colony passed a colonial 7 law whereby those who fought for the defense of the colonies 8 would be compensated or cared for. That's pretty good. 9 Now, I won't fill in all the gaps in between, but bring us 10 up to 1921. And, in 1921, the United States Veterans' 11 Bureau was formed, and it was a consolidation of three 12 bureaus; the Veterans Bureau, the Bureau of Pensions, and 13 the National Home for Disabled Veterans. Okay. Move on up 14 to 1930. By the way, in 1921, our V.A. Hospital was under 15 construction at that time. This V.A. Hospital opened in 16 1923. It was the first V.A. Hospital in Texas. It was the 17 91st V.A. Hospital in the United States. 18 Back in those days, it was primarily a TB 19 hospital. TB was the AIDS of the world at that time. 20 Veterans coming back from World War II had been in Europe, 21 which was endemic to tuberculosis at that time, and believe 22 it or not, this hospital where I work was a -- had about 23 1,000 beds; it varied from 800 up to 1,200 at one time, and 24 this was back when there was no real treatment for 25 tuberculosis, and so it was mostly a place that you put 21 1 people. You put them to bed, and if they had the ability 2 to, they got well, and if they didn't, they died. And, 3 having a diagnosis of tuberculosis at that time was just 4 a -- pretty much of a -- like -- it ruined your life. It 5 might not have been a death warrant, but people were just 6 scooped up out of their homes and their jobs for a year. 7 At any rate, in 1930, the Veterans 8 Administration was organized under the executive order of 9 President Hoover, and after World War II, when the real 10 influx of V.A. began to be felt, there were two generals, 11 General Omar Bradley and Paul Holly, who established the 12 Title 38 system of hiring physicians and nurses, and then 13 the V.A. affiliations with medical schools, which brings me 14 up to the three main missions of the V.A. What does the 15 V.A. do? The V.A. first takes care of eligible veterans. 16 Secondly, medical education and research. Over 50 percent 17 of the doctors in the United States were trained at some 18 part of their training in a V.A. Hospital, so the 19 affiliation between medical schools and the V.A. is -- has 20 been extremely important. And, the third one is to support 21 the Department of Defense, the contingency planning in the 22 event that we get into a great big war again and the 23 military treatment facilities would not be adequate. 24 For many years, the V.A. was a hospital-based 25 organization; buildings, hospitals, campuses, lots of 22 1 property, golf courses. We don't have quite that nice one 2 here, but there's -- some of them are truly spectacular. 3 Now the V.A. has shifted primarily to an outpatient 4 patient-focused system. We now have outpatient care. We've 5 reduced the sizes of our hospitals. We've reduced the 6 numbers of our hospitals, but we still are focusing on the 7 care of the veteran. The contingency plan with the 8 Department of Defense is not nearly as critical as it has 9 been. In 1989, the V.A. Secretary was elevated to the 10 cabinet level, so it became a cabinet position in '89. And 11 the Secretary of Veterans Affairs is Anthony Princippi, 12 just -- the new man who's just been appointed. Princippi 13 was Deputy Secretary about 10 years ago. Probably more, 14 though, he's known for having been John Tower's program 15 person for the Armed Forces -- I forgot the exact name, the 16 title. 17 At any rate, the V.A. then was reorganized in 18 about 1990 to '95, and into 22 networks. Twenty-two 19 networks. There was going to be a decentralization, and it 20 was going to put more power into the local hospitals, and as 21 a result it would be decentralizing more local influence, 22 and we in this area are Network 17. Network 17 has three 23 systems, which is Dallas, the North Texas system, Temple, 24 Central Texas, and Kerrville and San Antonio are in the 25 South Texas system. Inpatient care -- when I told you we 23 1 had 1,000 beds at one time, we now have 25 acute-care beds, 2 and out of those 25 beds, we have 5 intensive care unit 3 beds. But, one of the rumors has been that we were closed, 4 that we didn't have any beds, that there was not a hospital 5 any more. There was just an outpatient facility. So, it's 6 real important for you to realize that we still have a 7 significant medical mission there. We have eight primary 8 care teams on the outpatient side -- did I say eight? We 9 had eight. We have seven now. We converted one of those 10 teams over to a GI service so that that particular person 11 could take the load of the GI in complicated cases, off of 12 the primary care doctors, and particularly with the new 13 emphasis on hepatitis C, so that is helping to meet that. 14 We have specialty clinics in nearly every 15 specialty. Now, most of those clinics are staffed by 16 doctors from San Antonio who come to Kerrville. But, at the 17 risk of forgetting some, we do have a gastrointestinal 18 service, we have an extensive women's clinic. We have a 19 neurology, dermatology, minor surgery, ophthalmology, 20 audiology, which has just come in, and that's going to be 21 real important 'cause all of our veterans are the age group 22 that are losing their hearing. We have urology, 23 orthopedics, psychiatry and other special programs like 24 prisoner of war counseling groups, post-traumatic stress 25 disorder and so forth. In our long-term care -- please stop 24 1 me if I'm saying anything that's confusing, or -- or clap if 2 it's enlightening, whatever. 3 At any rate, 154-bed nursing home. I was 4 stunned when I was told Saturday by one of my very best 5 friends who knows me very well that he had no idea we had 6 beds at all. Well, we have the 25 acute-care beds and we 7 have 154 nursing home beds. Out of that nursing home group, 8 we have three levels of care. The -- one, two, three; the 9 lowest level are those that require almost complete care. 10 Out of that group is our dementia unit. We probably have 11 the finest dementia unit that I know of, maybe -- certainly 12 a far advanced dementia unit. It's closed, but patients 13 that are at risk for wandering can come in there. 14 Let me give you another little, bitty 15 breakdown here, and that is that before 1995, all V.A. 16 Hospitals were organized basically under a Director, the 17 Chief of Staff, and Associate Director. And, under the 18 Chief of Staff side came all the clinical services; surgery, 19 nursing, medicine, all that. On the other side, you had the 20 administrative services like engineering, environmental 21 management, so forth. In 1995, on March the 17th, they 22 merged the Kerrville Division and the Audie Murphy Division 23 into the South Texas Veterans Health Care System. At that 24 point, we -- I became -- I had been Chief of Staff of a 25 freestanding, independent hospital. I became Chief Medical 25 1 Officer of the Kerrville Division, and we were reorganized 2 under one staff, which is basically based and directed out 3 of San Antonio, which is the Audie Murphy Division. But, 4 our system covers all the way from here to Brownsville. 5 We have outpatient satellite clinics in 6 Laredo, Corpus Christi, Victoria, south Bexar County, 7 McAllen. We have -- those are the fixed clinics. Those are 8 staffed by V.A. personnel. And then our two hospital 9 divisions, which is Kerrville and San Antonio. We also have 10 contracts which we call community-based outpatient clinics, 11 CBOC's. These are in places like Alice, Kingsville, New 12 Braunfels, Seguin, Del Rio, and these are community clinics 13 where they have contracted with physicians to take care of 14 veterans in that area, the idea being that if you were a Del 15 Rio guy with high blood pressure and you really didn't want 16 to come to Kerrville or go to San Antonio, you can get that 17 care in -- in Del Rio. Now, another thing to remember is 18 that the quality assurance in those clinics is very strict. 19 We put them onto the decentralized, computerized program; we 20 install computers and our quality assurance staff go out and 21 check those clinics out. They have to keep records. They 22 have to keep up to snuff. All of this is under -- according 23 to the Joint Commission on Accreditation of Hospitals and 24 other organizations, such as the A.M.A., T.M.A. and so 25 forth. 26 1 I want to focus on the things that we really 2 do well, and probably the biggest thing we really do well is 3 preventive care. Probably nowhere else do we -- do you have 4 the emphasis on hypertension screening, protection against 5 stroke, prostate screening -- prostate cancer screening, 6 colorectal cancer screening, osteoporosis, all of these 7 things that are conditions that affect our age-group 8 population, and this is probably the best thing we do. 9 Medical education, of course, is a big program for us, and 10 we -- you don't have -- one of the biggest things I'd like 11 to let everybody know is that you don't have to have been in 12 combat. You don't have to have been in a war. You don't 13 have to have been a hero to be able to come to the V.A. If 14 you are a veteran, and almost no exclusions -- I guess some 15 dishonorable discharges, maybe, but most of the time, most 16 of the people you know who have ever been in the military at 17 all are eligible for V.A. care. Now, there are categories 18 of such that some of them will be billed a co-pay for some 19 of their care. 20 I'll wrap this up with this, and that is that 21 during the past week, I have met with patients that I was 22 treating. One of them had been a Pearl Harbor survivor. He 23 went from there to the battle of Midway. He went through 24 Guadalcanal, he went through two other landings that I can't 25 name, and ended up on Okinawa. And, another one was a guy 27 1 that said, "Did you ever hear of the Bataan boys?" He had 2 been in the Bataan death march, had been a prisoner of the 3 Japanese for 40 months. And, finally, the other one said he 4 had been at the biggest beach party in the world; he had 5 been at D-Day, all the way through the Europe war to Berlin. 6 Every one of them had something funny to say about his 7 experience. I don't know if this is how these guys have 8 compensated with life or not, but they have been a 9 remarkable group of people to work with. I was in private 10 practice in Kerrville for 32 years, and I've been with the 11 V.A. for 10. Just don't add that up. And, it has been a 12 distinct high point in my life to be able to work with the 13 veterans. Do you have any questions? 14 JUDGE HENNEKE: Dr. Bacon, you told us about 15 the clinics and the nursing homes. What else is going on at 16 the V.A. in the form of new and proposed programs? 17 DR. BACON: We have -- 18 JUDGE HENNEKE: The local V.A. 19 DR. BACON: We have a new program in which -- 20 if you remember, there's a CARES program which looks through 21 -- kind of like the BRAC closure for bases, that's looking 22 through all of the V.A. facilities, and they're looking for 23 anything that's vacant. One of the things we're doing to 24 remove ourselves as a target from that is to fill up the 25 main building completely. We're going to move our nursing 28 1 home on 2 up to the 6th floor, will completely occupy that, 2 and then the 7th floor, which was vacated when we lost our 3 surgery program, will become a wellness and physical therapy 4 area. So, that will build -- that will fill up the main 5 column. 6 JUDGE HENNEKE: What's going to go into the 7 second floor when you move the nursing home? 8 DR. BACON: The Residential or Assisted 9 Living Program, and that will be a 60-bed unit. Residential 10 Care Program, which will be operated on a contract basis by 11 some contracting company; Living Centers of America, 12 Mariott, somebody of that sort, and they will operate that. 13 It will be according to V.A. standards, but it will be a 14 contract-type thing. Then we will be developing Adult Day 15 Care, which is a day care just like for children, but it 16 will be an adult day care for those families that have 17 someone who needs to be placed during working hours. We 18 also have our Geriatric Evaluation and Management Program, 19 which is expanding to include home-based primary care, and 20 we are consolidating all of that into the area where my 21 office is, where -- in the -- in the left -- if you're 22 looking straight at the building in that right front wing, 23 and the basement, that will all be involved in the Geriatric 24 Evaluation and Management Program and Home-Based Primary 25 Care, Adult Day Care. And then, as you well know, the hope 29 1 for the future will be possibly to have a State Veterans 2 Home in Kerrville. We also could be looking at having a DOM 3 here. We have 72 acres. San Antonio's totally landlocked. 4 They did just now buy some land for a parking garage, but we 5 have 72 acres. We also have a new laundry which has 6 received pro and con popularity, I should say, but that can 7 be expanded probably to three times its present capacity, 8 and we might be looking at outsourcing contracts for 9 laundry. 10 JUDGE HENNEKE: Does anyone have -- 11 COMMISSIONER WILLIAMS: Just one quick 12 question. Dr. Bacon, there's been some reshuffling of the 13 hierarchy of the South Texas Veterans Health Care System. 14 Could you just enlighten us to who's in charge of the shop 15 now? 16 DR. BACON: Our Network Director was Vernon 17 Chong, who was the first Network Director when the networks 18 were lined up. Dr. Chong has retired and Jose Coronado, who 19 is the Director of the San Antonio Division, or -- well, of 20 the South Texas System, is now acting as Network Director, 21 and his Associate Director, Tim Chay, has moved into Acting 22 Director. My understanding is that we will probably have 23 another Network Director from the outside, but I don't know 24 that at all. And, certainly, Mr. Coronado may or may not be 25 the next Network Director. 30 1 COMMISSIONER GRIFFIN: I received this 2 question from several people, and I've always referred them 3 back to the hospital directly, but could you generally tell 4 us what is the eligibility of spouses or dependents of 5 veterans for -- in general for treatment at the hospital? 6 DR. BACON: Okay. Just -- just quickly, I'll 7 say this on eligibility. That the veteran, himself -- we 8 have categories, but basically the first six represent those 9 who make less than about $25,000 a year, or they have some 10 special thing like dementia or spinal cord or homelessness 11 or AIDS or some of those things, but those fundamentally get 12 their care for nothing, and then the Category 7's, which is 13 the old Category C, are the ones who then are billed a 14 co-pay. As far as spouses are concerned, we have a Tricare 15 program which, as you know, up until this point has been for 16 retired military up to the age of 65 and their dependents, 17 and then from -- at age 65 they went into Medicare. 18 Tricare, as of October the 1st of this year, hopefully will 19 have a program whereby they'll come under Tricare for life, 20 as they call it, and that will, I think, be a lot more 21 compatible to most retired military and it will include 22 their spouses. 23 JUDGE HENNEKE: Any other questions or 24 comments? 25 COMMISSIONER GRIFFIN: Just one. Excellent 31 1 rundown, Doctor. Really appreciate this. 2 DR. BACON: Thank you. 3 COMMISSIONER GRIFFIN: And, just for the 4 record, because I hope it gets covered well, the TB epidemic 5 was after World War I, and you had a slip of the tongue 6 there and said World War II. 7 DR. BACON: Did I say that? 8 COMMISSIONER GRIFFIN: But it was after World 9 War I. 10 DR. BACON: That was definitely World War I. 11 COMMISSIONER GRIFFIN: Right. 12 DR. BACON: Incidentally, I can go another 30 13 minutes on -- 14 JUDGE HENNEKE: Not today, you can't. 15 DR. BACON: -- on the interesting story of 16 the endemic -- and epidemic of Europe, east and western 17 Europe and how TB became a human infection. But, I -- I 18 promise I'll stop. Thank you very much. 19 JUDGE HENNEKE: Thank you, Dr. Bacon, for 20 taking your time to come and enlighten us as to what's going 21 on in one of the major programs here in Kerr County. Thank 22 you very much. 23 DR. BACON: Thank you. 24 JUDGE HENNEKE: Item Number 2 is consider and 25 discuss an acceptance of the annual report by the Kerr 32 1 County Historical Commission and approve the membership 2 thereof. General Schellhase. 3 MR. SCHELLHASE: Thank you, Judge, 4 Commissioners. This report was submitted; it's in your 5 packet. I'd like to cover quickly the activities for the 6 year 2000 that are significant. The James Kerr marker, as 7 you know, we finally got completed and erected on the 8 courthouse grounds. That was a three-year project. That 9 has taken a considerable amount of time. The other marker 10 that we had this year was at Cade House up in the Ingram 11 area. The five that we still have working are the A.C. 12 Schreiner, Sr. House, the Rose House, Woolls Building in 13 Center Point, Zion Lutheran Church, and the Union Church 14 building, and those are all in some sort of process that are 15 being worked. 16 The restoration of the Union Church 17 continues. That was a big project during 2000 and will 18 continue into 2001. We have a considerable amount of work 19 to do, and as those funds become available, they're applied 20 directly to that project. And, in an effort to help that, 21 of course, we developed the 2001 historical calendar that's 22 out on the market today. That has been distributed quite 23 well. We've raised something over $4,000 so far, and that 24 all goes directly to the restoration of the church. 25 Our big project, the one that continues and 33 1 is ongoing, is the Oral History records that we're 2 maintaining. As you know, we have now over 30. I think we 3 brought a sample of one of those to you last year when we 4 did this. We're continuing on that. It's just long, hard, 5 consuming work by a lot of people, because of the difficulty 6 in lining up these elderly people to do these oral 7 histories. We still have, I believe, 108. The last time I 8 reported, I think we had 102 on the list. We've completed 9 another 13 and now we have 108 on the list, so our list is 10 getting larger. And, we have missed this year, I believe, 11 four because -- that were on our list because of death that 12 we did not get to record. 13 Of course, we still have the archives 14 downstairs. That is functional on a day-to-day basis for 15 those that want to use it for research. We still have the 16 outstanding offer from Bobby Rector to provide all of his 17 archeological finds in Kerr County to us at the time we have 18 a place to distribute those. Hopefully, the Union Church 19 might help us in providing that space for us. Long-awaited 20 period. The courthouse display cabinet is complete. I have 21 seen it. It is, in fact, complete. It still lacks to be 22 installed, and that has been coordinated with Glenn 23 Holekamp. We intended to do that, I believe, in December. 24 Because of the work on the lighting committee, Glenn asked 25 us to wait until after the holidays and get that coordinated 34 1 so we can have the display put up, so that will be a big 2 project for 2001. Our membership still stands -- or stands 3 today at 13 active and 12 members. On Page 4 of your report 4 we have a list of those, which we would like for to you 5 approve, and this is a project for those Commission members 6 for the year 2001. Any questions? 7 JUDGE HENNEKE: Any questions or comments? 8 COMMISSIONER BALDWIN: I have a comment on 9 your calendar. I wanted to say, if y'all haven't seen that 10 calendar -- of course, that's their major fundraiser; it's 11 10 bucks. The -- the months and days are the same as any 12 other calendar, it doesn't change, but those photographs on 13 there are truly Kerr County. You have those old pens full 14 of hair goats and the Real Ranch and all that. It's -- it's 15 the neatest group of photographs I have seen put together. 16 I own one -- I'm the proud owner of one, and I think that 17 they're for sale down at the Clerk's office. And where 18 else? 19 MR. SCHELLHASE: Well, there are about 15 20 places around town that have them, large list of places. 21 COMMISSIONER BALDWIN: I have bought mine. 22 Have y'all? 23 COMMISSIONER WILLIAMS: Yes. 24 JUDGE HENNEKE: Mine is on display out here 25 in the Commissioners' area. 35 1 COMMISSIONER BALDWIN: All right. All right. 2 I noticed a "For Sale" sign on it the other day. 3 COMMISSIONER WILLIAMS: Are you going to 4 repeat that again next year with the calendar? 5 MR. SCHELLHASE: Yes. We have laid out a 6 five-year program for the calendar. 2001 were general 7 photographs. 2002 are going to be historical buildings, 8 those that still remain or that we have current pictures of, 9 so we can show both the dual picture of those as they 10 originally were and as they are today. We're going to do 11 another one on families; we have a super collection of 12 historical families in the county where we have -- group 13 families, and try to coordinate that with those that are 14 still living in the area and descendants of those families. 15 We have the one for historical markers; we're going to do 16 one with all of the county markers. I think we have about 17 142 markers in the county, and we do not have a single 18 document that puts all those together. We're going to work 19 on that. We have a map -- a little display for people to 20 drive around and look at these. It needs to be updated; 21 that's one of the projects for 2001. And, the fifth one I 22 don't recall, offhand. But, anyway, a good project for the 23 next five years. 24 JUDGE HENNEKE: Any other questions or 25 comments? 36 1 MR. SCHELLHASE: By the way, I appreciate, 2 Judge, you sending out the message to the Commissioners to 3 solicit those in the district who might be interested to 4 serve on the Historical Commission. We didn't get any 5 returned. 6 COMMISSIONER BALDWIN: I nominate Bill 7 Williams. 8 COMMISSIONER WILLIAMS: Don't nominate me, 9 but you can nominate my wife. 10 JUDGE HENNEKE: We have had a nomination of 11 Lou Williams to be on the Commission. 12 MR. SCHELLHASE: Great. 13 JUDGE HENNEKE: With your agreement, we would 14 add that name. 15 MR. SCHELLHASE: We'll add that name to the 16 list. 17 COMMISSIONER GRIFFIN: And I also had a 18 nomination. 19 JUDGE HENNEKE: Okay. Roger Chapman? 20 COMMISSIONER GRIFFIN: Roger Chapman in Hunt. 21 MR. SCHELLHASE: Hunt? Great. 22 COMMISSIONER WILLIAMS: Are we adding names 23 to the list? 24 JUDGE HENNEKE: Yes. We've added Lou 25 Williams and Roger Chapman. 37 1 COMMISSIONER LETZ: I move that we accept the 2 annual report and approve the membership list, as modified 3 today. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Moved by Commissioner Letz, 6 seconded by Commissioner Griffin, that the Court approve the 7 annual report and approve the membership list, as modified. 8 Any questions or comments? If not, all in favor, raise your 9 right hands. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 MR. SCHELLHASE: Thank you. 14 JUDGE HENNEKE: Thank you, General. General? 15 MR. SCHELLHASE: Yes? 16 JUDGE HENNEKE: Are we going to try to have 17 that display cabinet in before open house on the 22nd? 18 MR. HOLEKAMP: Yeah, of course. 19 JUDGE HENNEKE: Thank you, General, I 20 appreciate that response. 21 COMMISSIONER WILLIAMS: That was General 22 Holekamp. 23 MR. HOLEKAMP: Were you looking for me? 24 COMMISSIONER WILLIAMS: He promoted himself. 25 JUDGE HENNEKE: Next item is Item Number 3, 38 1 consider and approve the Road and Bridge advertisement for 2 the annual bids on materials and equipment by the hour. 3 Franklin Johnston. 4 MR. JOHNSTON: Morning. I think we have a 5 sample of the newspaper ad to put out to bid, along with the 6 packet of all the items that we're going to bid, which will 7 be road base, cold mix, black base, paving aggregate, 8 asphalt and emulsion oil, corrugated metal pipe, and 9 equipment by the hour with operator. We have a separate bid 10 packet for all those items. 11 COMMISSIONER LETZ: So moved. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner Letz, 14 seconded by Commissioner Baldwin, that the Court authorize 15 Road and Bridge to advertise for annual sealed bids. So 16 everyone's on the same page, the bids will be due at the 17 Kerr County Clerk's office by 5 o'clock p.m. on March 9th, 18 Year 2001, to be opened at 10 o'clock a.m. Monday, 19 March 12th, Year 2001, in our regular Commissioners Court 20 meeting. Any questions or comments? If not, all in favor, 21 raise your right hands. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Item Number 39 1 4, consider the acceptance of a gift on behalf of Road and 2 Bridge Department of ArcView GIS software from Ed Higgins. 3 Commissioner Williams. 4 COMMISSIONER WILLIAMS: Former Kerr County 5 Commissioner, Precinct 2, Ed Higgins has generously offered 6 a gift of ArcView GIS software for basic use by the Road and 7 Bridge Department. And, Franklin, why don't you give us a 8 little bit more insight on this so the Court knows exactly 9 what this is all about. Eddie is also present and may be 10 able to enlighten us, as well. 11 MR. JOHNSTON: This was a very generous 12 unsolicited gift. It will allow us to access some of the 13 data from KCAD and from 911 using their mapping and aerial 14 photographic database that they have. 15 COMMISSIONER GRIFFIN: I might just add, it's 16 a very powerful piece of software. You can do all sorts of 17 things with it. It's -- it is excellent. 18 COMMISSIONER WILLIAMS: For those of you who 19 may not remember former Commissioner Higgins, Ed, stand up, 20 please. We thank you for your generous gift. I move the 21 acceptance of the gift of the ArcView GIS software from 22 former Commissioner Ed Higgins for use by the Road and 23 Bridge Department. 24 MR. HIGGINS: If I may say, I have one more 25 piece of equipment I haven't delivered to him yet, and I 40 1 wanted him to know it's coming. 2 MR. JOHNSTON: Okay. 3 COMMISSIONER GRIFFIN: I'll second that. 4 JUDGE HENNEKE: Thank you, Ed. Motion by 5 Commissioner Williams, second by Commissioner Griffin, that 6 the Court accept the gift of ArcView GIS software from Ed 7 Higgins for use of the Road and Bridge Department. 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. Again, Ed, 14 thank you very much. Very kind of you. Item Number 5, 15 consider approving road names for privately maintained roads 16 in various locations in accordance with 911 guidelines. 17 Commissioner Griffin. 18 COMMISSIONER GRIFFIN: Actually, this was a 19 compilation, and I coordinated to get it on the agenda with 20 Road and Bridge. These are all -- as you see in the 21 package, all privately maintained roads, with the name -- 22 the naming of the roads has all been through the 911 23 process, as in the Road and Bridge database, and I would 24 move that they be accepted as submitted. 25 COMMISSIONER WILLIAMS: Second. 41 1 JUDGE HENNEKE: Motion by Commissioner 2 Griffin, second by Commissioner Williams, that the Court 3 approve the name changes for private roads as presented. 4 Any further questions or comments? 5 COMMISSIONER LETZ: Judge, question. Do we 6 have a time, Larry, when they're going to be coming to 7 Commissioners Court with a revised plan? As I recall, we 8 asked for that last fall sometime. 9 COMMISSIONER GRIFFIN: Talking about the 911? 10 We're shooting for next -- the next meeting, 26th. 11 COMMISSIONER LETZ: Okay. 12 COMMISSIONER GRIFFIN: Which will be the 13 first of what we hope will be quarterly reports under the 14 new board structure, and with our very active members of the 15 board, we have a new process going into place where that 16 will be reported quarterly with progress, percentage of 17 completion, et cetera. So, that should happen next time. 18 Thanks for the question. 19 COMMISSIONER LETZ: Note my patience; I 20 haven't brought this up in at least a quarter. 21 JUDGE HENNEKE: Any further questions or 22 comments? If not, all in favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 42 1 JUDGE HENNEKE: Motion carries. Item Number 2 6, consider and discuss abandoning right-of-way as deeded 3 and described in Volume 79, Page 200 of the Kerr County Land 4 Records. We each have in our packet a letter from Chris 5 Wallendorf regarding this easement, and Mr. Wallendorf is 6 here. 7 MR. WALLENDORF: Morning. 8 JUDGE HENNEKE: Morning, Chris. 9 MR. WALLENDORF: Morning, Commissioners. I 10 represent Joe and Lucy Drymala and Drymala Family 11 Partnership, Limited, and they own an approximate 16-acre 12 tract of land which borders on I-10, Loop 534, and also a 13 small portion of it on Sidney Baker. And, this piece of 14 property is located in the Patrick Fleming Survey 666. 15 There is a -- an old deed back in May of 1946. The Siekers 16 conveyed to Kerr County a 30-foot-wide roadway easement 17 which goes through the Patrick Fleming Survey 666, and I 18 have a copy of this deed for the Commissioners if they'd 19 like to -- oh, each of you have it? And it provides that if 20 this road is ever abandoned or ceases to be used as a -- as 21 a county road, that it would automatically revert back to 22 the grantors and their assigns. And, of course, my clients 23 are the assigns of the Siekers. We've had a -- a very 24 detailed survey made of the property by a surveyor in San 25 Antonio, Thomas Hubbard, and he has found no evidence of 43 1 this road on the property. And, I also have -- may I 2 approach the Commissioners? I have some updated -- 3 JUDGE HENNEKE: Yes, you may. 4 MR. WALLENDORF: -- updated information. I 5 obtained a letter from the surveyor in which he states that 6 there is no evidence of this road on the property, and I 7 also have the surveyor's report here where he also certifies 8 in Paragraph Number 1 that he has found no reported evidence 9 of any public roads across the property, and that the only 10 roads that exist are private drives within the piece of 11 property. So, what Mr. Drymala is asking the Court to do, 12 insofar as his 16-acre tract -- it's actually 15.9921 -- 13 insofar as that tract is concerned, to abandon that roadway 14 within the boundaries of that property. 15 JUDGE HENNEKE: Any questions? 16 COMMISSIONER LETZ: Chris, where is this 17 tract exactly? You just described it -- 18 MR. WALLENDORF: Okay, it's right across the 19 street from Y.O. Hilton, and part of it abuts up against 20 I-10. The other part of it is along 534 -- Loop 534, and 21 then there's a little strip of land that comes all the way 22 down to Sidney Baker. 23 COMMISSIONER WILLIAMS: On the south side or 24 the north side? 25 MR. WALLENDORF: It's on the south side of 44 1 I-10. 2 COMMISSIONER LETZ: So it goes back behind 3 those other hotels that are -- 4 MR. WALLENDORF: Right. 5 COMMISSIONER LETZ: -- between the Y.O., that 6 tract back there? 7 MR. WALLENDORF: Right. There's a little 8 location map on the plat, if y'all would like to see it to 9 further indicate where the property is, and I can show that 10 to you. 11 COMMISSIONER LETZ: That answered my 12 question. 13 COMMISSIONER WILLIAMS: I have one follow-up 14 question, though. Is that -- does this include that parcel 15 of -- on the corner that is intended to be the Lowe's store, 16 or not? 17 MR. WALLENDORF: It -- I think you have -- 18 you have the right piece of property, yes. You -- I think 19 you have the right piece of property. 20 COMMISSIONER GRIFFIN: I just have a 21 question. Under the rules -- and I don't see any -- it's 22 obviously not a county road there, but does this have to -- 23 does this require a public hearing? Because we're 24 abandoning a right-of-way. Under the rules? I mean, I 25 don't know whether that's a technicality or not that we have 45 1 to do. 2 COMMISSIONER LETZ: Well, it's not a platted 3 subdivision, so it wouldn't come under our Subdivision 4 Rules. 5 COMMISSIONER GRIFFIN: Okay. Okay. 6 MR. WALLENDORF: All we're asking the Court 7 to do is not abandon the entire road; just that -- if a 8 portion of that road was located within this tract, to 9 abandon that part of it. And, what I would ask the 10 Commissioners to do is to enter an order referencing the -- 11 in the surveyor's letter of February 9th, 2001, it 12 references three tracts of land. This is actually three 13 separate tracts of land; a 13.8-acre tract, a 1.4-acre 14 tract, and a 0.7912-acre tract, and also references the 15 relevant deeds. I would ask the Court to -- in their order, 16 to reference those deeds so it's clear to the title company 17 that you've abandoned the roadway within these particular 18 tracts. 19 JUDGE HENNEKE: Franklin, do you have any 20 comments on this? 21 MR. JOHNSTON: I had one -- one question, I 22 guess, more than anything. In 1946, this, of course, was in 23 Kerr County. It's still in Kerr County, but now it's also 24 in the city limits of Kerrville. I wonder, as part of the 25 annexation, does the City also annex that easement and do 46 1 they have to also agree to the abandonment, or how does that 2 work? 3 JUDGE HENNEKE: Mr. Lucas, do you have a 4 comment on that? 5 MR. LUCAS: Well, if the City had annexed and 6 had provided for some right-of-way, I believe so. They 7 would have to do like measure. 8 JUDGE HENNEKE: We need to do what we need to 9 do, and then if the City has any jurisdiction, then the 10 developer would have to take it to the City. 11 MR. WALLENDORF: That's fine. 12 JUDGE HENNEKE: Okay. 13 COMMISSIONER LETZ: So moved. Now that you 14 said that, Judge. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: I would -- I believe I'm 17 correct that this takes unanimous approval of all of the 18 Court. So, motion by Commissioner Letz, second by 19 Commissioner Griffin, that the Court abandon the 20 right-of-way referenced as a 13.8-acre and 1.4-acre tract of 21 land described in Volume 715, Pages 790-793, Real Property 22 Records of Kerr County, Texas, and a 0.7912-acre tract 23 recorded in Volume 908, Pages 138-140, Real Property Records 24 of Kerr County, Texas. Does that work? 25 MR. WALLENDORF: Yes, Your Honor. Thank you. 47 1 JUDGE HENNEKE: Any further questions or 2 comments? If not, all in favor, raise your right hands. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Let the record reflect that 7 it was a unanimous vote in favor of the abandonment. 8 MR. WALLENDORF: Thank you. 9 JUDGE HENNEKE: Thank you, Chris. Okay. It 10 is now 10 o'clock. At this time, we will open the required 11 public hearing for revision of Tract 64 and 66 of Ingram 12 Hills, Precinct Number 4. 13 (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing 14 was held in open court, as follows:) 15 P U B L I C H E A R I N G 16 JUDGE HENNEKE: Are there any members of the 17 public who wish to address the Court on the issue of 18 revision of Tract 64 and 66 of Ingram Hills in Precinct 4? 19 And, I'll note this is a public hearing which was posted in 20 the Kerr County -- Kerrville Daily Times on January 24th, 21 January 28th, and January 31st. Come forward and identify 22 yourself, please. 23 MS. ROSLIER: I'm Annette Roslier. I was 24 invited by notice. I'd like to know where exactly up in 25 Ingram Hills this property is. 48 1 COMMISSIONER GRIFFIN: Here's a map. 2 MS. ROSLIER: Can you just point out -- 3 COMMISSIONER GRIFFIN: Here's the -- 4 (Discussion off the record.) 5 MR. DIGGES: It's roughly a mile off of 6 Highway 27 going back on Ingram Hills Road. 7 MS. ROSLIER: Thank you. 8 JUDGE HENNEKE: You're welcome. Anyone else 9 have any comments? Yes, ma'am? Come forward, please. 10 MS. DAVIS: Hello. I'm Carol Davis and I 11 have the Lot 65 that's adjacent to that property. I think I 12 sent in some of my objections already on this. Did you 13 receive them? 14 JUDGE HENNEKE: I have not received them. 15 Has anyone? 16 COMMISSIONER GRIFFIN: No. 17 MS. DAVIS: They're all written out and sent 18 in. I think, you know, they're asking to subdivide property 19 that looks pretty large. You know, who'd have any 20 objections to subdividing something like 9 acres or 21 something? The problem in that area is that it's a very 22 rocky prominence. The area actually available for a 23 building site is very, very small up along the roadside. 24 Nearly all of the property is on a very, very steep dropoff 25 down into a valley and unusable, so you actually have a very 49 1 small area that's available for housing up there. And, 2 we're worried about -- what we were worried primarily about 3 is the runoff. We were told that that area wouldn't support 4 multiple septic system use. We don't -- you don't have any 5 idea of where the groundwater's going once it starts into 6 that steep decline. But, our -- our water would have to 7 come from there. I think that this is primarily for us. We 8 had planned on building a retirement home in that area, and 9 we thought at the time that we bought the lot that each of 10 those lots were not going to be subdivided. It's a 11 beautiful area, scenic, but I don't think it's going to 12 support more than one home per lot. 13 JUDGE HENNEKE: Is there any prohibition in 14 the rules of Ingram Hills against subdividing? 15 MS. DAVIS: I don't know. Our understanding 16 at the time we bought the lot was that they would not be. 17 But -- 18 COMMISSIONER LETZ: I guess I better -- my 19 general comment is that, I mean, it's really up to the 20 subdivision -- the rules of the subdivision association as 21 to this type of a matter. I mean, this division meets the 22 requirements, you know, of the County, and it's very 23 difficult for us not to approve one, you know, that -- 24 MS. DAVIS: We'd like an environmental 25 assurance that this isn't going to ruin our water supply. 50 1 COMMISSIONER LETZ: Well, the -- the septic 2 rules -- I mean, the acreage size doesn't -- isn't really a 3 requirement on septic, or is not a requirement, and a system 4 would have to be designed that would insure that nothing 5 would be polluted. 6 MS. DAVIS: You know, for somebody -- 7 COMMISSIONER GRIFFIN: It'd require 8 licensing. These -- any septic system put on any of these 9 lots as subdivided would require licensing, and in 10 accordance with state rules and regulations. 11 MS. DAVIS: For somebody like me -- and this 12 area would be lovely for a retirement home, but not if 13 you're going to crowd multiple housing in there. It simply 14 becomes at that point sort of an overcrowded suburban area, 15 which is what we didn't want in the first place. 16 JUDGE HENNEKE: Thank you. Is there anyone 17 else who'd like to address the Court in the public hearing? 18 (No response.) 19 JUDGE HENNEKE: One more time, is there 20 anyone else who would like to address the Court in the 21 public hearing on the revision of Tract 64 and 66 of Ingram 22 Hills? If not, we will close the public hearing and move to 23 Item Number 8, which is consider and discuss approval of the 24 final revision of plat for Tracts 64 and 66 of Ingram Hills, 25 Precinct 4. 51 1 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court 2 meeting was reopened.) 3 - - - - - - - - - - 4 MR. DIGGES: I might just mention that -- 5 there has been a number of revisions to the Ingram Hills 6 plat, probably in the neighborhood of about 9 or 10. There 7 has been some that were done probably prior to the rules 8 back in '88 or '89 that allowed -- you know, raised the 9 tract size for a minimum of 1 acre. And, prior to that, 10 there was a subdivision that was done that was even, like, 11 half-acre tracts. But, there's been probably in the number 12 of 10 revisions out there, so there's no prohibition on 13 subdividing this land. That is a -- a rough, rocky area, 14 and probably soil would have to be imported to perhaps do 15 spray irrigation, one method of -- of wastewater disposal. 16 So, you could pretreat it with an aerobic system and, you 17 know, spray irrigation. We basically need about 4,000 or 18 5,000 square feet in order to accomplish that safely, and 19 these are -- are very -- with a 3-acre -- 3-acre tract, you 20 have about 120,000, 130,000 square feet, and so we just need 21 a very, very small percentage of that area to dispose of it. 22 And, if you start getting, you know, densely populated -- 23 real densely populated areas, I think you do have to become 24 concerned about water quality, but this is, in my opinion, 25 still not to that density. 52 1 JUDGE HENNEKE: Any questions or comments? 2 COMMISSIONER LETZ: Are these served by 3 individual wells on these tracts? Or -- 4 MR. DIGGES: Yes. Yes, currently they are. 5 There's -- there's a water system -- I guess it's probably 6 Aqua Source? 7 AUDIENCE: I believe it's about a mile or 8 half a mile up the street. 9 MR. DIGGES: It's a pretty good ways away. I 10 guess if a number of folks collectively got together, they 11 could probably afford to extend that line, but because of 12 the rocky conditions, it would be, you know, rather 13 expensive, and you're probably not going to have but one or 14 two people come along and bear that expense. 15 COMMISSIONER WILLIAMS: I have a question of 16 Commissioner Griffin. Larry, is this the same Ingram Hills 17 for which we formed the road district? 18 COMMISSIONER GRIFFIN: No. 19 COMMISSIONER WILLIAMS: Okay. 20 COMMISSIONER GRIFFIN: That's Lake Ingram 21 Estates. 22 COMMISSIONER LETZ: Franklin, as I recall, 23 this is one that was started that was kind of halfway 24 through the process before we changed Subdivision Rules, and 25 we agreed -- 53 1 MR. JOHNSTON: It's grandfathered. The 2 concept was in before. 3 COMMISSIONER LETZ: -- to a variance on those 4 two smaller lots sizes based on the good faith of the 5 developer. We can't change the rules in the middle of a 6 plat. 7 MR. JOHNSTON: Right. 8 COMMISSIONER GRIFFIN: I don't see any reason 9 not to approve the final revision. It's -- they've done 10 everything they're supposed to, and I'll make the motion 11 that we approve it as submitted. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, seconded by Commissioner Baldwin, that the Court 15 approve the final Revision of Plat for Tract 64 and 66 of 16 Ingram Hills, Precinct 4. Any questions or comments? If 17 not, all in favor, raise your right hands. 18 (The motion carried by unanimous vote.) 19 JUDGE HENNEKE: All opposed, same sign. 20 (No response.) 21 JUDGE HENNEKE: Motion carries. Next item is 22 Item Number 9, which is open bids for electrical, plumbing, 23 and heating and air-conditioning services. I have some 24 bids. The first bid under Item Number 9 is from Benno's 25 Electric. I'll just read their little handwritten cover 54 1 letter, which says Benno's Electric will take $40 an hour 2 for two men and $35 for one man. We do not charge overtime. 3 Mark-up on material is 25 percent. 4 Next bid is from Hardin Heating and 5 Air-Conditioning. They have bid a total of $65 per hour for 6 HVAC tech and maintenance mechanical support. 7 And, final bid is from Whelan Plumbing, and 8 they have offered a plumber at $53 per hour, a plumber 9 helper at $26.50 per hour, with overtime rates being $79.50 10 and $119.25, $79.50 being one person and the other being the 11 rate with a helper. Material mark-up from cost is 12 20 percent. 13 COMMISSIONER LETZ: I move that we receive -- 14 accept the bids and refer them to Maintenance for 15 recommendation. 16 COMMISSIONER GRIFFIN: The way this is 17 written, this is just the opening we've got to go through. 18 JUDGE HENNEKE: That's the next item. Now -- 19 COMMISSIONER LETZ: All right. Now I'll move 20 we accept all bids and refer them to the Maintenance 21 Department for recommendation. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE HENNEKE: Moved by Commissioner Letz, 24 seconded by Commissioner Williams, that the Court accept all 25 of the annual bids for electrical, plumbing, and heating and 55 1 air-conditioning services and refer them to the Facilities 2 and Maintenance Supervisor for review and recommendation. 3 Any further questions or comments? If not, all in favor, 4 raise your right hands. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. 9 Mr. Holekamp, do you think you'll be in a position to make a 10 recommendation today? 11 MR. HOLEKAMP: Yes, sir. 12 JUDGE HENNEKE: Okay. Next item is Item 13 Number 11, which is to open bids for repair, parts, labor, 14 service, and related items for Kerr County vehicles, trucks 15 and vans. 16 MS. ALFORD: We have no bids. 17 JUDGE HENNEKE: We have no bids on the 18 solicitation for repair, parts, labor, service, and related 19 items. 20 COMMISSIONER WILLIAMS: I think it's 21 interesting to note, Judge, the City of Kerrville was 22 invited to bid, because they have a shop and they were 23 presented with a bid package, and we've not received an 24 answer. I think that's interesting to note. 25 JUDGE HENNEKE: Me too. 56 1 COMMISSIONER LETZ: I think -- I guess I have 2 a question. If we're required to bid these and you don't -- 3 and no one submits a proposal, who do you -- I mean, do you 4 just award it to anyone you want and then you're out of the 5 bidding requirement? 6 JUDGE HENNEKE: Mr. Lucas, we're in need of 7 your wisdom. 8 MR. LUCAS: Repeat that one more time? I was 9 looking up something. 10 COMMISSIONER WILLIAMS: He's looking in the 11 book. 12 COMMISSIONER LETZ: The question is -- is 13 that when you're required to bid under State law, and you do 14 bid it, but you don't receive any bids, how do you go about 15 awarding the contract? 16 COMMISSIONER GRIFFIN: The question is, can 17 we award it sole source? 18 JUDGE HENNEKE: Come up to the podium. 19 MR. LUCAS: Well, I'm not really sure. I 20 don't know. You know, $25,000 is going to be the -- you 21 know, the threshold limit that -- that dictates whether or 22 not you've got to bid or not to begin with, but I've never 23 really seen that question before. 24 COMMISSIONER LETZ: I mean, generally, on 25 repair of vehicles, county-wide, we clearly exceed $25,000 a 57 1 year. 2 COMMISSIONER GRIFFIN: Well, and I think -- I 3 think I recall that we can go sole source if we receive no 4 bids, but we'd better check that. 5 MR. LUCAS: Well, yeah, but I think that sole 6 source is just for if there's no one out there, almost like 7 as if it's a monopoly unto itself. 8 COMMISSIONER GRIFFIN: That's what I mean. 9 But, if we -- if we have put it out for bid and we got no 10 bids, I think the law says then we can award it to a -- on a 11 sole source basis, but -- 12 MR. LUCAS: Yeah. 13 COMMISSIONER LETZ: We need your opinion. 14 COMMISSIONER GRIFFIN: Yeah, really, on that 15 one. 16 MR. JOHNSTON: Or if it's something you 17 declare an emergency on, you can -- if it's something you 18 have to do, you can -- you can go ahead and do it. 19 JUDGE HENNEKE: We'll have to figure out 20 legally how we can proceed. Moving down the list, the next 21 item would be Item Number 13, which is to open bids for body 22 shop repairs. 23 MS. ALFORD: One bid. 24 JUDGE HENNEKE: We do have a bid. 25 COMMISSIONER GRIFFIN: We have a bid. 58 1 COMMISSIONER WILLIAMS: And the winner is? 2 JUDGE HENNEKE: We have a bid from JDS Paint 3 and Body, Wrecker Service. Paint and body labor, $30 an 4 hour. Mechanical labor, $42 an hour. Paint and materials, 5 $20 an hour. Frame labor, $32 an hour. So, that is the -- 6 COMMISSIONER GRIFFIN: I would move that we 7 -- oh, it's the next item. 8 JUDGE HENNEKE: Accept? 9 COMMISSIONER GRIFFIN: I would make a motion 10 that we refer that to the Sheriff for evaluation and let us 11 know if it meets the requirement. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner 14 Griffin, second by Commissioner Baldwin, that the Court 15 accept the bids for body repair services and refer them to 16 the Kerr County Sheriff for evaluation and recommendation. 17 Any further questions or comments? If not, all in favor, 18 raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. 23 SHERIFF HIERHOLZER: I'll pick it up in just 24 a few minutes, Your Honor. 25 JUDGE HENNEKE: Come get it now. 59 1 SHERIFF HIERHOLZER: I was going to let you 2 go to the next one. 3 (Discussion off the record.) 4 COMMISSIONER LETZ: He needs the exercise. 5 COMMISSIONER GRIFFIN: You need the exercise. 6 SHERIFF HIERHOLZER: Thanks. 7 JUDGE HENNEKE: I want to make it -- I'm sure 8 the Sheriff understands -- just make it clear, we don't have 9 to accept -- we don't have to approve a bid. 10 SHERIFF HIERHOLZER: I'm concerned -- 11 JUDGE HENNEKE: If it doesn't meet the 12 requirements, we do have the ability to reject all bids and 13 recycle. So -- 14 SHERIFF HIERHOLZER: Mr. Holekamp and I 15 talked about this. I'm just concerned about one bid. You 16 know, we really only have one. 17 COMMISSIONER WILLIAMS: One more than you got 18 a minute ago. 19 SHERIFF HIERHOLZER: That's true. 20 JUDGE HENNEKE: All right. The next item is 21 to consider and discuss authorizing the sending out of the 22 request for proposals for the communications systems for the 23 Sheriff's Office. 24 SHERIFF HIERHOLZER: I would refer this to 25 Trott Communications. George Weimer is here if y'all have 60 1 any -- 2 COMMISSIONER LETZ: John Stewart. 3 SHERIFF HIERHOLZER: John Stewart. 4 JUDGE HENNEKE: John, come forward, please. 5 SHERIFF HIERHOLZER: I think you each have a 6 copy of the proposal. 7 JUDGE HENNEKE: A copy of the RFP is in the 8 packet. Anyone have any questions? 9 COMMISSIONER GRIFFIN: No, I have a comment. 10 It's one of the best RFP's I've read in a long time. 11 MR. STEWART: Thank you very much. I noticed 12 two mistakes while I was sitting in my chair here. 13 COMMISSIONER GRIFFIN: We'll make those 14 changes. 15 MR. STEWART: Dashes and dots. 16 COMMISSIONER GRIFFIN: This looks more like 17 the thing I'm used to seeing in the federal government and 18 Department of Defense and NASA and that sort of thing. It's 19 very, very well done. 20 MR. STEWART: Thank you very much. 21 COMMISSIONER GRIFFIN: You can respond to 22 this. Any bidder ought to be able to respond to this very 23 easily. I believe they will either meet the requirement or 24 they won't, so very good job. 25 MR. STEWART: Thank you very much. I was 61 1 wanting to bring one thing up, and that was the process of 2 competitive bid and how you went out for it. George had 3 told me there was, I guess, some concern on which 4 competetive bidding process to award it under. If y'all 5 have to approve it under that, I was going to bring that up. 6 If it's just approving this for competitive bid, and then 7 you can select one of the two ways to do it, then we can 8 dispense with it. 9 COMMISSIONER GRIFFIN: I'm not sure I 10 understand. What are the -- 11 MR. STEWART: For competitive bidding on most 12 things that you get, you go out, just like you did these 13 others, you get a price back. The lowest price is generally 14 regarded -- the compliant bid is the one that's regarded as 15 the one that's accepted. If it's done under a -- another -- 16 it's an alternative that's available, and since this is for 17 public safety, you can put it under that alternative. It's 18 a -- it's 262.030 under the laws that you have here for the 19 State of Texas, and it's Alternative Competitive Proposal 20 Procedure for insurance, high-tech knowledge items, and 21 other special services. And, what this does for you is 22 when -- when we -- and one of the reasons I didn't -- the 23 Sheriff had asked me to bring something regarding how we 24 would put that in a paper. Depending upon which way you 25 select this is how you would do it in the paper, because 62 1 part of this process is -- in going out for the bid is 2 giving the -- the potential bidders the relative assignment 3 of a value for pricing, for meeting coverage characteristics 4 or whatever. What it does for you, then -- let's say when 5 it comes back in, then you have the ability to negotiate a 6 price, once you are given a price, whereas the other ones 7 you're given a price and you have to accept on that price. 8 So, I'm -- 9 COMMISSIONER GRIFFIN: I understand now. And 10 we -- I would recommend that we go the alternative route, 11 because this -- and this is the way most government -- 12 federal government and state government high-tech contracts 13 work, is that you pick the best bid package, and then you 14 are authorized at that point to go negotiate a final price. 15 In other words, cost is considered, but it's also -- what 16 you're looking for is best value to the government, not 17 necessarily the low bid. Because one technical approach may 18 be much better than another technical approach, and what 19 this process does then is allow you to negotiate a final 20 price, and that's the first step. You're authorized to go 21 negotiate price, and if you can't reach a price, you can 22 say, "That's it," you know, "We're not going to buy." You 23 don't -- you don't have to accept the price as offered. You 24 can negotiate it after the fact. And, with something this 25 high-tech, edge-of-the-envelope kind of procurement, I think 63 1 that's what we want to do. 2 MR. STEWART: It also means that you don't 3 have to accept, in the beginning, the lowest price. 4 COMMISSIONER GRIFFIN: You don't have to 5 accept the lowest price, because you're looking for the best 6 value. 'Cause it may be the life cycle cost of this 7 system -- you could own it for 15 years. If you accept the 8 low bid, it may cost you a lot more over 15 years than the 9 higher front-end cost, because it has a better life cycle 10 cost. So, that's definitely what we want to do if we can. 11 COMMISSIONER LETZ: Is that a motion? 12 COMMISSIONER GRIFFIN: That's a motion. 13 COMMISSIONER LETZ: Second. 14 COMMISSIONER BALDWIN: Second -- third. 15 JUDGE HENNEKE: Motion by Commissioner 16 Griffin, second by Commissioner Baldwin, that the Court 17 authorize the Request for Proposals for communications 18 systems for the Sheriff's Office under Section 262.030, 19 which is the Alternative Bidding Procedure. I presume 20 that's Local Government Code? 21 MR. STEWART: I think this is the -- the 22 State of Texas Code, but I can get back to you on that. 23 JUDGE HENNEKE: The appropriate -- 24 (Discussion off the record.) 25 MR. STEWART: It's the Purchasing and 64 1 Contracting Authority of Counties under Chapter 262 of -- 2 I'm not sure what the "of" is. 3 JUDGE HENNEKE: Local Government Code, I 4 believe. 5 MR. STEWART: Okay. 6 JUDGE HENNEKE: Any further questions or 7 comments? I want to ask John to take just a minute and walk 8 us through the steps and the timetable so that we 9 understand. Just take a quick second before we vote and 10 tell us when these will go out, what the interim steps are, 11 and what your role is. 12 MR. STEWART: All right. We are going to get 13 you sort of a framework for something on how to advertise 14 this as we've discussed it. That should be put in your 15 local paper that's used for this sort of thing within the 16 next couple of weeks. That should run for a couple of weeks 17 for people that we might inadvertently overlook. We have a 18 list of people that we will be sending a notice to that's 19 saying that we want a response from them, as well as what 20 we're doing through the paper here, because we do want as 21 many responses as possible. Those will go out. That will 22 elicit people calling us or you, however we have this set 23 up, as far as getting a copy of the proposal so that they 24 can then bid it. We will have also sent to the people that 25 we've contacted that they say, yes, we're interested, we 65 1 will send them a copy of a Request for Proposal. We then 2 have a date set up here for March 14th for a preproposal 3 conference, probably at this location, for any of these 4 people to come together, asking any questions that maybe 5 aren't evident in the RFP that's sent out. Any technical 6 issues, maybe, that aren't discussed, at least as impacting 7 their equipment or their response. We've -- we'll take all 8 those questions, give everyone that's on the list the 9 responses that we have to those, so that everybody has 10 similar information to keep going on their bid. We then 11 have a proposal due date of May the 11th of this year at 12 4 p.m., which all responses should be in here. We're, I 13 think, requesting five copies of each; that's for -- maybe 14 to cover all of y'all with a copy. At that time, we'll 15 evaluate the responses. That might take -- let's say a 16 month, just to figure out the thing, give y'all time also to 17 review them. We'll get together with y'all and go over any 18 things that perhaps aren't evident, or some things that we 19 may know about their equipment that's not necessarily in 20 their bid, and sort of let y'all evaluate which direction 21 y'all want to go with our input and help on it. So, at that 22 time, then, we would say, "Hey, we've chosen this one for 23 negotiations." We'll get with them -- and, again, that may 24 or may not be based on their lowest price. And, then have 25 all of that dealt with, negotiate with them and see if we 66 1 can get everything aligned with how the County wants it, and 2 then award that to that vendor. Or if -- let's say if that 3 doesn't work out, then go to the -- to another vendor that's 4 responded. 5 COMMISSIONER LETZ: Judge, is it going to be 6 better, do you think, for us to appoint one Commissioner to 7 represent, or for -- to go back and forth and work with the 8 whole Court with Trott Communications during the process? I 9 mean -- 10 COMMISSIONER GRIFFIN: Let me make a 11 suggestion on that. The process that's being described here 12 is what the federal system calls a source evaluation board. 13 In other words, the board makes the decision. And I think 14 the entire Court needs to sit as the source evaluation board 15 for the proposals. Now, you'll have -- in essence, this is 16 our program manager for the competition who is coming to us. 17 Trott's going to be coming to us and saying, "Here were the 18 proposals as received; here is the technical." We can even 19 ask -- if there are several bidders, we can ask for them to 20 come and talk to us, as the source evaluation board, make 21 their pitch, see what they can sort of "marketeer" us, if -- 22 as they desire. If we want to. We don't have to have that 23 kind of competitive presentation, but we can. And sometimes 24 that's helpful, and we may want to look at that option later 25 on to see if there's -- what kind of interest we have and 67 1 what the levels of the proposals are. It may be that that 2 would be a good thing to hear. 3 COMMISSIONER LETZ: Looks like Larry's going 4 to make this whole Court get high-tech literate before this 5 is done. 6 MR. STEWART: I would also like to make my 7 own request, that we have the Sheriff -- 8 COMMISSIONER GRIFFIN: Oh, absolutely. I 9 think he's going to be -- he would probably be the -- 10 MR. STEWART: Okay. 11 COMMISSIONER GRIFFIN: He's the customer, 12 so -- 13 JUDGE HENNEKE: Final recommendation is going 14 to come from the Sheriff. 15 MR. STEWART: Okay. 16 COMMISSIONER GRIFFIN: That's right. We only 17 act as an evaluation board. We can let him know what our -- 18 our analysis of the various proposals is and what it means 19 from a funding standpoint and all the downstream things that 20 have to be done, but -- but if -- that's a clean process. 21 It really -- and it works. It works. 22 JUDGE HENNEKE: Any other questions or 23 comments? Sheriff, do you want to add anything? 24 SHERIFF HIERHOLZER: The only thing, I agree 25 with Commissioner Griffin. I think once we get to that 68 1 point, the entire Court, due to the size of this project and 2 the financial impact it's going to have -- just anticipated 3 cost -- I think this needs to be something that is done, 4 especially with Trott Communications, 'cause they have the 5 expertise that I'll never have in the communications field. 6 But, their guidelines, what they've said in here, and 7 hopefully the completion date of having it totally going and 8 installed of January 1st, 2002, I think is none too soon. 9 We definitely need it, but it needs to be something -- 10 because of the financial payment plans through the County 11 Attorney's office and how the County can pay for this type 12 of deal is going to be something the entire Court needs to 13 be made aware of. 14 JUDGE HENNEKE: Thanks, Sheriff. We have a 15 motion made and seconded. 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 passes. Thank you. 21 MR. STEWART: Thank you. 22 COMMISSIONER GRIFFIN: Judge, I might just 23 add -- you indicated that there were a couple of minor 24 revisions? 25 MR. STEWART: Some dots and dashes, and I'll 69 1 have that done up for you -- 2 COMMISSIONER GRIFFIN: Those kind of things 3 in something this complicated happen. So, we'll -- the 4 draft version that goes -- the version that goes -- this is 5 the draft. There will be a final version that actually goes 6 out for RFP, just so everybody understands. 7 MR. STEWART: You should have that by Friday. 8 JUDGE HENNEKE: Let's take a 10-minute break, 9 return promptly at 20 minutes till 11:00. 10 (Recess taken from 10:30 a.m. to 10:40 a.m.) 11 - - - - - - - - - - 12 JUDGE HENNEKE: All right. Let's reconvene 13 this meeting of the Kerr County Commissioners Court. Next 14 item for consideration is Item Number 16, consider 15 preliminary revision of a plat for Tract 44 and 45 of 16 Kerrville South II, Precinct 1. Commissioner Baldwin. 17 COMMISSIONER BALDWIN: Excuse me, got a Milky 18 Way stuck in my throat. County Engineer. 19 MR. JOHNSTON: Yes, sir. 20 COMMISSIONER BALDWIN: My question -- 21 dadgumit. My only questions are on the note from Headwaters 22 Underground Water District, it says -- a couple paragraphs 23 down, it says, "Please be advised there is a $50 plat review 24 fee payable to the District." Do you know if all that -- 25 and on the routing slip, as well. It doesn't show that the 70 1 fees have been -- 2 MR. JOHNSTON: I don't see him here. I don't 3 know, can't answer that. At the time it wasn't paid. 4 MS. ALFORD: County Clerk's office? Is that 5 what you're speaking of? 6 COMMISSIONER BALDWIN: Well, one of them is 7 the County Clerk's office, yes. 8 MS. ALFORD: Apparently, their copy does not 9 have my signature. The copy I have in my office has been 10 paid. 11 COMMISSIONER BALDWIN: It has been paid? 12 MS. ALFORD: For the County Clerk's. 13 COMMISSIONER BALDWIN: For the County 14 Clerk's. I wonder about the Headwaters. 15 JUDGE HENNEKE: I believe the note says that 16 $50 can be paid when they bring the final mylar in for 17 signature. 18 MR. JOHNSTON: They sign the little deal, but 19 they -- 20 COMMISSIONER BALDWIN: Signed off on it? 21 MR. JOHNSTON: It doesn't really indicate. 22 I'd like to see if they signed the mylar, but -- 23 JUDGE HENNEKE: This is a preliminary. 24 MR. JOHNSTON: Oh, okay. The preliminary, 25 okay. 71 1 JUDGE HENNEKE: Does anyone have any 2 questions about the preliminary revision? 3 MR. JOHNSTON: You know the background of 4 this? Want to go over that a little bit? 5 JUDGE HENNEKE: Go ahead. 6 MR. JOHNSTON: Lot 44 dug a well and they 7 inadvertently dug it on Lot 45, and so subsequently they 8 moved the property line that little angle, and that's what 9 they had to do to get the easement for the well, sanitary 10 easement. 11 JUDGE HENNEKE: Do they have all the required 12 easements from the property owner? 13 MR. JOHNSTON: What Buster just read, we got 14 an e-mail from Headwaters that all the requirements were met 15 except that one payment. I guess that would be for the 16 final plat -- sorry, this is a preliminary. So -- 17 COMMISSIONER GRIFFIN: I have no questions, 18 but I have a comment, that the word "preliminary" was left 19 off of this document. And I think, just to make the -- 20 clarify that we are approving a preliminary plat and not a 21 final, in case somebody wanted to guardhouse lawyer -- I 22 mean, lawyers don't do that, but -- 23 MR. JOHNSTON: It should be marked or stamped 24 or something. 25 COMMISSIONER LETZ: The only question I have 72 1 is -- this kind of goes into a discussion on the next one as 2 well, but as a revision, they don't need a public hearing 3 under our current rules? 4 MR. JOHNSTON: Under our current rules, they 5 do, yes. 6 COMMISSIONER LETZ: As our rules are right 7 now. I mean, this may or may not, depending on what we do 8 under discussion on the next item. 9 MR. JOHNSTON: I think this one was actually 10 started back -- golly, a long time ago. We've been waiting 11 on Headwaters to approve it. I don't know if you'd call 12 this one grandfathered or not. This is a preliminary, so -- 13 COMMISSIONER LETZ: I'm just raising the 14 issue. It's up to Commissioner Baldwin and -- and Road and 15 Bridge as to whether it's grandfathered under our previous 16 rules or is under the new rules. 17 MR. JOHNSTON: I think the survey was made 18 September 1, 2000, so it's been around awhile. And the 19 hang-up was Headwaters getting the easements properly drawn, 20 so I don't know if that qualifies or not. 21 COMMISSIONER LETZ: Probably does, in my 22 opinion. 23 JUDGE HENNEKE: Any questions or comments? 24 Where are we? 25 COMMISSIONER LETZ: It's -- 73 1 COMMISSIONER BALDWIN: Do you recommend that 2 we approve? 3 MR. JOHNSTON: Yes, I recommend approval. 4 COMMISSIONER BALDWIN: I move that we approve 5 the preliminary revision of plat, Tract 44 and 45 of 6 Kerrville South II. 7 COMMISSIONER LETZ: Under our previous 8 Subdivision Rules? 9 COMMISSIONER BALDWIN: Yes. It's been around 10 longer than -- than our adopting -- 11 COMMISSIONER GRIFFIN: Motion -- second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Baldwin, second by Commissioner Griffin, that the Court 14 approve the preliminary revision of plat for Tracts 44 and 15 45 of Kerrville South II under the previously adopted 16 Subdivision Rules. Any questions or comments? If not, all 17 in favor, raise your right hands. 18 (The motion carried by unanimous vote.) 19 JUDGE HENNEKE: All opposed, same sign. 20 (No response.) 21 JUDGE HENNEKE: Motion carries. Next item is 22 Item Number 17, consider preliminary revision of plat for 23 Tracts 5A and 6A of Whiskey Ridge Ranches, Precinct 3, and 24 set public hearing date for the same. Commissioner Letz? 25 COMMISSIONER LETZ: This is very similar to 74 1 the previous one, what used to be called a minor revision or 2 minor replat. But, due to the perseverance of the developer 3 on this one, Mike Lindley -- he's talked to me several times 4 about this and seeing if there was a way we could go back to 5 our old format of doing minor replats, as we used to term 6 them. And, I said -- you know, he referred it to David 7 Jackson to review our Subdivision Rules and current state 8 law, and has come up with a possibility that we may be able 9 to go back to our old rules, and I've referred that to the 10 County Attorney to look at. It doesn't really affect this 11 one. I've told Mr. Lindley that, you know, current rules 12 are current rules. We need a public hearing, but we -- just 13 from an information standpoint, there's a possibility we 14 might revise our new Subdivision Rules if we can find a way 15 to allow discretion on the revisions so we don't have to go 16 through -- on minor revisions, we don't have to go through 17 that full public hearing process, and that's being passed, 18 like I said, to the County Attorney's office. But, this one 19 is just a -- two brothers, I understand? 20 MR. LINDLEY: Well, if I can -- excuse me 21 just a second. This particular situation is two sisters 22 that own tracts next -- next door to each other. The common 23 property line goes through the corner of a lake which they 24 share, okay? But one of the sisters says, "Well, we're 25 going to move and change our plans," and so on. From a 75 1 marketing standpoint, nobody wants to share a lake, so the 2 common line that goes between the property said, "Well, I'll 3 sell you two and a half acres and buy your portion of the 4 lake, and then it goes with my home, and you end up" -- 5 minimum requirement's 25 acres -- "you end up with 38 acres. 6 We've got 42 and a half." Okay. The line does not affect 7 the access, does not create another tract. It's not a 8 hardship on anybody else in the -- in the development. So, 9 my question is, on an obvious situation like this, why do we 10 have to go back through all the fees of a preliminary, a 11 public hearing, a final plat? It causes a hardship on them. 12 It costs $400 worth of fees, plus it takes 60 days for them 13 to be able to market their property. Isn't there some 14 flexibility in this situation, when we see an obvious deal 15 like this? We can have it before you folks and the County 16 Engineer, so if there is some problem there, that's a 17 stopgap, but if -- if not, we can just do a preliminary 18 hearing and go on with this deal. And other situations that 19 may come up on large tracts where it doesn't affect anybody, 20 doesn't affect the building site or the home or the well, is 21 there some flexibility in the regulations? 22 COMMISSIONER LETZ: That's being done. 23 We're -- and it's been referred to the County Attorney, and 24 we're taking a look at it. But, as for this one, I move 25 that we approve the preliminary revision and set public 76 1 hearing for -- when's our first meeting in March? 2 March 12th? Set the public hearing for March 12th. 3 COMMISSIONER WILLIAMS: I second that. I 4 have a question. 5 JUDGE HENNEKE: Motion by Commissioner Letz, 6 second by Commissioner Williams, that the Court approve the 7 preliminary revision of plat for Tracts 5A and 6A of Whiskey 8 Ridge Ranches and set a public hearing for 10 o'clock a.m. 9 on Monday, March 12th, 2001, here in the Kerr County 10 Commissioners' Courtroom. 11 COMMISSIONER WILLIAMS: Mike, this dotted 12 area that looks like a lake, is that -- that's shown on 13 there, is that the lake? And, if so, how have we gotten it 14 off of one parcel? 15 MR. LINDLEY: No, no, no that's the proposed 16 100-year floodplain. 17 COMMISSIONER WILLIAMS: Where is the lake? 18 MR. LINDLEY: The lake -- if you compare the 19 two tracts, the previous line, the lake's right here. So, 20 this little jag right here moved it out to the edge of the 21 lake, and of course the lake now goes with the home, and 22 we've got a building site. One sister owns that. We can 23 sell the lake. 24 COMMISSIONER WILLIAMS: That was confusing as 25 to where exactly the lake was. 77 1 MR. LINDLEY: All we did is move it two and a 2 half acres around the spillway. 3 COMMISSIONER BALDWIN: Are these -- is this 4 lot -- Lot 5A is 37.76, and 43; is that correct numbers? 5 MR. LINDLEY: Yes. 6 COMMISSIONER BALDWIN: Not exactly the 7 numbers you threw out a while ago. 8 MR. LINDLEY: I was just giving you a 9 ballpark. This is what the previous numbers were. But, it 10 was, like, 2 acres, or a little over 2 acres. 11 COMMISSIONER BALDWIN: I think our 12 regulations say that Mike Lindley's minimum lot size has to 13 be 50 acres, doesn't it? 14 (Laughter.) 15 COMMISSIONER GRIFFIN: I have a question. 16 Again, it goes back to the form. The word "preliminary" is 17 left off of here, which is okay as long as we have a 18 preliminary stamp or something to put on these things so 19 that we don't get confused between -- 20 COMMISSIONER BALDWIN: That's good. 21 COMMISSIONER GRIFFIN: -- a final plat. 22 MR. LINDLEY: Well, we left that off hoping, 23 Commissioner Griffin, that you all would look at this as a 24 final plat and go ahead and approve it. We didn't want to 25 clue you in -- 78 1 COMMISSIONER GRIFFIN: Didn't want to exclude 2 that possibility? 3 MR. LINDLEY: Yes, sir, right. 4 COMMISSIONER GRIFFIN: Preliminary stamp 5 would work. 6 JUDGE HENNEKE: Any further questions or 7 comments? If not, all in favor, raise your right hands. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. 12 COMMISSIONER LETZ: I would like to thank 13 Mike Lindley for taking the time to have another attorney 14 review our Subdivision Rules. And, if we make some 15 clarification to them, we might make things easier for us 16 and the developer. 17 JUDGE HENNEKE: Absolutely. The next item is 18 Item Number 18, consider and discuss establishing a speed 19 limit of 30 miles an hour on Center Point River Road, 20 eastbound, beginning at Brinks Street, and set a date for 21 public hearing. 22 COMMISSIONER WILLIAMS: I've had a lot of 23 folks talk to me about excessive speed on that area of C.P. 24 River Road that is within -- essentially within the former 25 corporate limits of the City of Center Point. I asked 79 1 Franklin and Road and Bridge to put their little rubber 2 bands across the road and take those speed tests. Franklin, 3 would you please step up and address that for us as to what 4 we discovered there? 5 MR. JOHNSTON: Well, we tested that road at 6 three locations; one at Brinks Street and one down at the 7 southern end, one on the other side of the river. The 85 8 percentile speeds on River Road itself was generally all 50, 9 55, in that range. Less than 55 miles an hour, so I don't 10 see a problem with -- with that. I think the county roads, 11 the default is 55 if they're not posted, so we're well 12 within that. The area of concern, of course, is Brinks 13 Street, which is in the old corporate limit of Center Point, 14 which there's houses and it's a -- you know, a city 15 subdivision-type -- 16 COMMISSIONER WILLIAMS: Goodly number of 17 children in the area. 18 MR. JOHNSTON: They're going also 55 miles an 19 hour in that area, so that's -- I think there's an existing 20 court order that set -- all of the areas of Center Point was 21 set at 30 miles an hour -- 30, 35. So, we may just need 22 some enforcement down there. 23 COMMISSIONER BALDWIN: I think all -- there's 24 a 30 mile-an-hour speed limit in all Kerr County 25 subdivisions. 80 1 MR. JOHNSTON: Mm-hmm. 2 COMMISSIONER BALDWIN: By court order. 3 COMMISSIONER WILLIAMS: So we're already 4 covered, is what you're saying? 5 COMMISSIONER BALDWIN: If we're talking about 6 a subdivision. Well, we're probably talking about more than 7 a subdivision. 8 MR. JOHNSTON: Center Point probably consists 9 of several -- 10 COMMISSIONER WILLIAMS: Possibly comprised of 11 more than just subdivisions. 12 MR. JOHNSTON: But there are subdivisions, so 13 it would probably just need some enforcement. 14 COMMISSIONER LETZ: Is that all -- I mean, is 15 that stretch all within a subdivision? 16 COMMISSIONER WILLIAMS: It's all within the 17 former corporate limits -- 18 COMMISSIONER LETZ: Right. 19 COMMISSIONER WILLIAMS: -- of Center Point. 20 COMMISSIONER LETZ: I would be surprised if 21 that's a platted subdivision. 22 COMMISSIONER BALDWIN: I would too. 23 COMMISSIONER LETZ: Right along -- 24 MR. JOHNSTON: Probably all the subdivisions 25 in all of the old corporate limits were platted, you know, 81 1 back in the early 1900's. 2 COMMISSIONER LETZ: As a subdivision in any 3 way -- 4 MR. JOHNSTON: I don't know if they -- they 5 called them that back then, but -- 6 COMMISSIONER GRIFFIN: If you go through the 7 process with setting the speed limits, then there's no 8 question. 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER GRIFFIN: Okay. 11 COMMISSIONER WILLIAMS: And I think it's 12 interesting -- just another piece of information. Franklin 13 gave me some accident reports from D.P.S., and this 14 particular stretch of ground, we've had speeding, driver 15 inattentive, evasive action, animals, impaired -- alcohol 16 impaired, and so forth. So, I think it's a safety measure. 17 And, while the agenda item, I think, says -- I know it 18 says -- we talk about eastbound. We're really talking about 19 within the corporate limits east and westbound on that 20 particular stretch of road. 21 COMMISSIONER LETZ: Where -- going down River 22 Road where? Brinks Street? What is the stretch, from 23 where? The first big house you come to, to the river? I 24 mean, into where it crosses the river? Is that what -- 25 COMMISSIONER WILLIAMS: Essentially, yes. 82 1 MR. JOHNSTON: I think the corporate limits 2 is back down the road where that big ditch is, the drainage 3 structure goes across the road. And then, actually, Brinks 4 Street -- there's two or three streets before you get to 5 Brinks Street. It's -- it should be at the limit, I think, 6 of the corporate limit -- old corporate limit. 7 COMMISSIONER WILLIAMS: What was the former 8 -- that's where we used to have the sign posted, "County 9 Maintenance Ends," that same point. Do you remember, 10 Jonathan? 11 COMMISSIONER LETZ: Looks to me like we ought 12 to go from Bolin Drive to -- 13 MR. JOHNSTON: Yeah, Brinks is not the first 14 street. It should be down toward the end of the -- 15 COMMISSIONER LETZ: From Bolin Drive, based 16 on this map, to where it crosses the river. 17 COMMISSIONER WILLIAMS: We need to amend that 18 to say Bolin when we set the public hearing. Bolin -- 19 (Discussion off the record.) 20 COMMISSIONER WILLIAMS: Let's make it Bolin 21 right now, both east and westbound. 22 JUDGE HENNEKE: That's his motion. 23 COMMISSIONER LETZ: Second. 24 COMMISSIONER WILLIAMS: Public hearing on the 25 12th of March? 83 1 JUDGE HENNEKE: Right. Motion by 2 Commissioner Williams, second by Commissioner Letz, that the 3 Court establish a speed limit of 30 miles per hour on Center 4 Point River Road, beginning at Bolin Drive and continuing 5 both east and west there, and set a public hearing on the 6 same for Monday, March the 12th, Year 2001, at 10:15 here in 7 the Kerr County Commissioners' Courtroom. Any questions or 8 comments? 9 COMMISSIONER LETZ: Question. 10 COMMISSIONER GRIFFIN: Comment -- go ahead 11 with your question. 12 COMMISSIONER LETZ: Bolin Road is on the 13 western fringe of Center Point, so if we go westbound of -- 14 I mean, we only want to go east of Bolin Road to the 15 crossing on the Guadalupe River. 16 JUDGE HENNEKE: Okay. 17 COMMISSIONER WILLIAMS: Right. 18 COMMISSIONER GRIFFIN: And my comment was -- 19 was that it would sure be handy on these kind of things to 20 have at least a sketch highlighted along the area that we 21 want to establish a speed limit. 22 COMMISSIONER WILLIAMS: I'll provide that as 23 well. 24 COMMISSIONER GRIFFIN: So that we can look at 25 it and answer questions. 84 1 JUDGE HENNEKE: Any other questions or 2 comments? If not, all in favor, 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. Item Number 7 19, consider and discuss approving the annual accounts and 8 status of investments pursuant to provisions of the Texas 9 Probate Code 887(b). Jannett Pieper. 10 MS. PIEPER: This is not actually a 11 requirement. The Code just says that I have to make a 12 written report of the status of investments, which we did 13 want to hear anyway, and this is a -- a copy of what is sent 14 out. This just shows the original investment that was made, 15 the date it was made on, the interest that was paid, the 16 name of the depository, and the type of investment that was 17 made. 18 JUDGE HENNEKE: Does anyone have any 19 questions regarding the report on the annual investments? 20 COMMISSIONER GRIFFIN: Do we need a motion to 21 accept the -- 22 JUDGE HENNEKE: Let's have a motion to 23 accept. 24 COMMISSIONER GRIFFIN: I'll make a motion we 25 accept the -- 85 1 COMMISSIONER BALDWIN: Second. 2 COMMISSIONER GRIFFIN: -- annual -- 3 JUDGE HENNEKE: Motion by Commissioner 4 Griffin, second by Commissioner Baldwin, that the Court 5 accept the annual accounts and status of investments 6 pursuant to provisions of Texas Probate Code 887(b). Any 7 questions or comments? If not, all in favor, raise your 8 right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Next item is 13 Item Number 20, consider and discuss reimbursement of 14 interest per District Court order. Linda Uecker. 15 MS. UECKER: Well, I wish this one would be 16 that easy. I'll give you some basic history. There was an 17 order entered on October -- oh, I take that back -- May the 18 31st by Judge Ables, Stephen Ables, directing the District 19 Clerk to deposit 105-plus thousand dollars into the registry 20 of the court. Attached to the order was a check. Somehow 21 -- and I have my suspicions as to how all this happened, but 22 anyway, it doesn't matter at this point. It happened. The 23 check was attached to the order. The order was put back in 24 the file. The file was put back on the pending shelf with 25 no file mark, nothing. I did an inquiry with all my staff; 86 1 no one had seen it -- you know, how it got there, so we 2 don't know. 3 Then, on October the 19th, we quite by 4 accident discovered the check in that file. So, what has 5 happened is that the parties to this suit have lost some 6 interest, interest from May the 30th to October the 19th. 7 One of the parties did file a claim for the -- the lost 8 interest. I got a statement from the bank saying that the 9 interest lost on this account was $1,564.50. The one party 10 that filed a claim is entitled to 65 percent of that lost 11 interest. The other party did not make a claim; however, I 12 did turn this over to -- the party with the 35 percent is 13 what I meant. We did turn it over to my errors and 14 omissions. There is a $1,000 deductible. They did send -- 15 I do have a check here for $16 and something from Mission 16 Claims Services, and so I'm asking the Court to reimburse 17 Barbara Jane White the amount of $1,016.92, which is her 65 18 percent of that interest. I'm also asking to add an 19 additional $35.59 to that, which is the interest that she 20 lost from October the 19th till now, having lost use and 21 benefit of that interest. 22 COMMISSIONER GRIFFIN: Compound, yeah. 23 MS. UECKER: Okay. You understand what I'm 24 saying? Then there's the issue of the other party, the 35 25 percent of the interest, which was $547.58. That went to 87 1 Mr. Bailey, who was the cross-defendant in the suit. He has 2 not filed a claim for that interest. I don't know if he 3 doesn't realize that he's lost interest or what, but I -- I 4 am asking at this point, as a good gesture, for -- to also 5 reimburse him for his lost interest. I think it would be 6 good for the County to do that, since that's what the order 7 says, and maybe alleviate later on finding out that, you 8 know, he did lose some interest, and coming back then and we 9 go through all of this again. It's up to the Court. 10 COMMISSIONER WILLIAMS: What's the total 11 amount? 12 MS. UECKER: Total amount is $1,619.26. 13 COMMISSIONER BALDWIN: You have given us 14 about 12 or 13 different numbers, and not one of them are on 15 this sheet of paper. 16 MS. UECKER: That's because I didn't know at 17 the time. I had to make that exactly what those numbers 18 were, and I apologize for that. 19 COMMISSIONER BALDWIN: What was the total? 20 JUDGE HENNEKE: Total is $1,619.26. 21 MS. UECKER: As a matter of fact, between -- 22 JUDGE HENNEKE: Which is divided up, 23 $1,016.92 for Barbara Jean White and $547.58 to Mr. Bailey. 24 COMMISSIONER WILLIAMS: When does the meter 25 stop running? Do we have a stop loss on this or what? 88 1 COMMISSIONER GRIFFIN: This will do it. 2 MS. UECKER: As soon as we write this check. 3 COMMISSIONER GRIFFIN: I have a question, 4 though. You know, where does the deductible under the 5 insurance figure into this? 6 MS. UECKER: My errors and omissions. 7 COMMISSIONER GRIFFIN: No. But, I mean, that 8 was the total amount. Is that after the $1,000? I mean, 9 that's -- where is our -- 10 MS. UECKER: No, that is the total amount. 11 The deductible -- see, this Mission Claims did not include 12 in their claim the loss to Jerry Don Bailey. You know, 13 that's another issue. Do you go back and file another claim 14 with them? 15 COMMISSIONER GRIFFIN: I think you have to. 16 MS. UECKER: You know, we would get -- the 17 money would come directly to us then. And I will do that. 18 COMMISSIONER GRIFFIN: But if this is a 19 one-time occurrence, it would seem to me that if this was 20 all on one error or omission, as the insurance probably 21 covers it, then we would have to pay $1,000, and that the 22 balance of the $1,600-plus would be paid by the insurance 23 company. 24 JUDGE HENNEKE: Well, let me just 25 short-circuit this. Linda and I have talked about this, and 89 1 Linda's not going to get a lot of cooperation from the 2 insurance carrier, and I believe Travis is now working on 3 her behalf to straighten that out. We need to pay the 4 money. 5 COMMISSIONER GRIFFIN: Oh, yes. 6 JUDGE HENNEKE: We can't wait till the 7 insurance company pays its share. What we're going to -- 8 what Linda's asking us to do is to authorize payment of the 9 full amount, and then when we get the money back from the 10 insurance company, then all the County would be out was the 11 $1,000 deductible. 12 COMMISSIONER GRIFFIN: Okay. That's my 13 question. 14 JUDGE HENNEKE: This will take care of these 15 people at this time. Correct, Linda? 16 MS. UECKER: And, you know, to make things 17 more understandable, I think it happened because of a 18 misunderstanding of files being brought back from the courts 19 to the Clerk's office. And we're, you know, addressing a 20 procedure that wouldn't allow those files to go to -- back 21 directly into the pending without us having checked them 22 first to see if there's anything that needs to be done in 23 them. 24 JUDGE HENNEKE: And the funds for this would 25 come from Nondepartmental Contingency; is that correct? 90 1 MS. UECKER: That's what I understood, yes. 2 COMMISSIONER WILLIAMS: Just one final 3 question, Linda. 4 MS. UECKER: Okay. 5 COMMISSIONER WILLIAMS: The $1,619.26, that 6 brings through today? 7 MS. UECKER: Yes. 8 COMMISSIONER WILLIAMS: Okay. 9 MS. UECKER: Mm-hmm, and I have already 10 alerted Mrs. White and told her that that check would 11 probably be drafted by this afternoon. 12 COMMISSIONER WILLIAMS: Okay. 13 JUDGE HENNEKE: Any questions or comments? 14 MS. UECKER: My only other question is -- and 15 I haven't really discussed this with Travis -- is would he 16 need to draft some type of a release for them to sign -- for 17 her to sign? Especially -- 18 JUDGE HENNEKE: I would think so, but we'll 19 leave that up to him. 20 MR. LUCAS: Yes. 21 MS. UECKER: Can you do that by this 22 afternoon? 23 MR. LUCAS: Yes. 24 MS. UECKER: What a guy. 25 JUDGE HENNEKE: Do I have a motion? 91 1 COMMISSIONER BALDWIN: Yes, you do. 2 JUDGE HENNEKE: Commissioner Baldwin is just 3 chomping at the bit. 4 MS. UECKER: I apologize, Commissioner 5 Baldwin, but Travis and I just came up with the exact 6 figures, you now, about an hour ago, actually. 7 COMMISSIONER BALDWIN: No apology necessary, 8 Mrs. Uecker. 9 JUDGE HENNEKE: We have a motion. Do we have 10 a second? 11 COMMISSIONER GRIFFIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Baldwin, second by Commissioner Griffin, that the Court 14 authorize payment of $1,052.51 to Barbara Jean White, and 15 $547.58 to Mr. Bailey, for a total of $1,619.26, for 16 interest owed on sums awarded by the District Court; that 17 such sums be taken out of the Nondepartmental Contingency 18 line item, and that the Court authorize handchecks for those 19 amounts. 20 MS. UECKER: I only have one other question 21 of the Court and the County Attorney's office. The check 22 that I have here is for $16.95, which is Mrs. White's part 23 of that settlement, minus the deductible; $16, but I have -- 24 I'm not going to sign anything, because it says here "full 25 and final settlement." And if -- I'm not -- I don't know 92 1 what to do. 2 JUDGE HENNEKE: You just need to work that 3 out with mr. Lucas, let him handle that. 4 MS. UECKER: I'll let Travis take care of it. 5 JUDGE HENNEKE: Any questions or comments? 6 If not, all in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Thank you, Linda. 11 MS. UECKER: Thank you very much. 12 JUDGE HENNEKE: I think it's worth noting 13 that this is the first time this has happened in Linda's 14 long and distinguished time that you've been here. 15 MS. UECKER: Thank you. Yes, and hopefully 16 the last. 17 JUDGE HENNEKE: Pretty good system, 18 absolutely. Next item is Item Number 21, consider and 19 discuss request from the Kerr County Fair Association to 20 place a portable building on the Exhibition Center property 21 to house Fair Association supplies. Mr. Holekamp? 22 MR. HOLEKAMP: Okay. The little note in 23 your -- it should be self-explanatory. The Fair Association 24 has requested a space -- a nondetermined space. I mean, 25 it's at our -- our discretion wherever they place it, but 93 1 it's a 16 x 16 building in good repair. That will be a 2 portable building. It can be moved if needed to be, and 3 they have asked if there is a possibility that it be placed 4 on the Exhibition Center property out of the way, everything 5 to -- as much as possible. 6 COMMISSIONER BALDWIN: I don't have any 7 problem with it. I'd like to know where it's going to go. 8 COMMISSIONER GRIFFIN: I don't see any 9 problem with it, except there's one question and that is 10 liability and insurance, responsibility for the stuff 11 therein. For example, if for some reason the building was 12 broken into -- or I know it would be a metal building, but 13 if it burned down or got knocked over or something, the 14 County should not be responsible for what's in it. 15 COMMISSIONER BALDWIN: I mean -- 16 COMMISSIONER GRIFFIN: Or the building. So, 17 we need to make sure that there's some kind of agreement, I 18 would think, or something that -- where the County has no 19 liability of any kind, tort or otherwise, from what goes on 20 in and around that building. 21 COMMISSIONER LETZ: I agree. 22 COMMISSIONER WILLIAMS: And, the answer to 23 Commissioner Baldwin's question was that Mr. Holekamp 24 discussed with -- with me, and I guess with Commissioner 25 Letz, or maybe I discussed it with Commissioner Letz, the 94 1 placement of this storage facility, and there were two 2 locations suggested. I'm not sure which one they finally 3 settled on. One of them was behind the existing horse stall 4 barn, which is an open barn, between it and the fence line 5 on Riverside Drive. And the other area was suggested by 6 Commissioner Letz, and that's over somewhere in the general 7 proximity of the outdoor arena, and there's an outdoor 8 restroom facility there as well. Which one did you finally 9 settle on? 10 MR. HOLEKAMP: I have not. I left it open 11 for the Court to -- 12 COMMISSIONER WILLIAMS: Okay. 13 COMMISSIONER LETZ: My reasoning for 14 suggesting over by the -- where the restrooms are is that 15 there is more activity with livestock around the horse 16 arena, and it's just more of an obstacle and might present a 17 problem. And there's not much traffic goes over near the -- 18 the restroom facility. That was my reasoning for that. 19 COMMISSIONER BALDWIN: Second. 20 COMMISSIONER LETZ: That was a motion. 21 COMMISSIONER GRIFFIN: But does the motion 22 include this point I just made? 23 COMMISSIONER LETZ: Yes. 24 COMMISSIONER GRIFFIN: A hold-harmless 25 agreement between the Fair Association and the County, and 95 1 authorize County Judge to sign same. 2 COMMISSIONER LETZ: Just what I said. 3 COMMISSIONER WILLIAMS: That's fine. 4 JUDGE HENNEKE: Motion by Commissioner Letz, 5 second by Commissioner Baldwin, that the Court approve the 6 request from the Kerr County Fair Association to place a 7 portable building near the outdoor arena/restroom facilities 8 on the Hill Country Exhibition Center grounds to house Fair 9 Association supplies, subject to the execution by the Fair 10 Association of an agreement holding the County harmless from 11 any and all possible claims and causes of action arising 12 from the building or its contents or the operation thereof, 13 and giving County Judge approval to sign the same. Any 14 questions or comments? If not, all in favor, raise your 15 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 22, consider and discuss resignation of Chuck Brecher from 21 the Kerr County Solid Waste Code Enforcement Officer 22 position, and also the Kerr County AACOG representative for 23 Solid Waste and Closed Landfill Committee. Mr. Holekamp. 24 MR. HOLEKAMP: It's just -- it was just an 25 official act to advise the Court of Mr. Brecher's intent to 96 1 -- intentions to leave this particular position, and he's 2 taking a full-time position within the county for the 3 Sheriff's Department. So, this was to notify you and give 4 you a final report of his activities from October until, I 5 guess, January 31st. 6 COMMISSIONER BALDWIN: Mr. Holekamp, what are 7 you going to do about replacing him? 8 MR. HOLEKAMP: That's -- I was hoping for the 9 Court to give me that direction of what they chose. And -- 10 and that -- this may not be the time to really visit about 11 it. It's really not on the agenda, but this particular 12 position is funded by grant monies through AACOG. There is 13 a possibility that the grant money may not be eligible -- or 14 we may not be eligible for grant money under this particular 15 kind of a program this coming year due to the -- we've been 16 getting it three years. So, what I -- I think that 17 decisions have to be made. We're good through spring until 18 October 1 for sure, because it's funded. But, I think it's 19 up to the Court to decide how they wish to pursue this; if 20 they wish to try to find somebody part-time temporarily, or 21 -- because at budget time you decide how much you're going 22 to spend on a particular budget, salaries or whatever. So, 23 I feel -- 24 COMMISSIONER BALDWIN: Let me tell you what 25 one of my concerns is. And, you know, as you know as the 97 1 department head, I've used this service quite a bit in my 2 precinct, and there's several -- there are several areas 3 that Mr. Brecher investigated, and the public calls me on 4 the phone and says, "Commissioner Baldwin, when are we going 5 to do something about this particular pile of junk?" And so 6 I call Mr. Brecher, and Mr. Brecher says, "Well, you can 7 rest assured we're going to get it done." And it hasn't 8 been done. So, I'm -- I'm going to take no -- I'm not going 9 to take the heat on it. You are. But there's going to be 10 some heat. So, my concern is, when are you going to fill 11 it? And, it's your position. It's not the Court's position 12 to fill; it's your position. 13 MR. HOLEKAMP: Well, I understand the 14 Commissioner's thoughts, but do you -- do you go out to 15 advertise for a position that everyone on the inside knows 16 that it possibly would go away October 1? I guess that's 17 what I'm asking. 18 COMMISSIONER BALDWIN: Okay. 19 MR. HOLEKAMP: Because I don't know if the 20 Court is ready to commit to say, yeah, we're going to fund 21 it at this level October 1. Because I would hate to be in a 22 position to hire a man for $12 an hour, and then come back 23 October 1 and I'm going to say, "Well, I'm sorry, we're only 24 going to pay 7 and a half from now on." So -- so what I'm 25 saying is -- 98 1 COMMISSIONER BALDWIN: So you're not going to 2 fill the position? 3 MR. HOLEKAMP: No, I didn't say that. I said 4 some direction of the Court as to -- do you fill it with law 5 enforcement again? 6 COMMISSIONER BALDWIN: Well, isn't that the 7 kind of grant that we -- that we received? 8 MR. HOLEKAMP: At this time, yes. 9 JUDGE HENNEKE: It's not a law enforcement 10 grant, though. 11 MR. HOLEKAMP: Not a law enforcement -- 12 COMMISSIONER BALDWIN: Code Enforcement? 13 MR. HOLEKAMP: No. At this time, due to our 14 group things, he's a certified peace officer. 15 COMMISSIONER WILLIAMS: Following up on 16 Commissioner Baldwin's -- 17 JUDGE HENNEKE: Is that a requirement of the 18 grant? 19 MR. HOLEKAMP: No, it's not a requirement. 20 But the way we asked for the money in the grant was -- it 21 was listed as certified peace officer. 22 COMMISSIONER WILLIAMS: Following up on 23 Commissioner Baldwin's -- 24 MR. HOLEKAMP: At that time. 25 COMMISSIONER WILLIAMS: Following up on 99 1 Commissioner Baldwin's concerns, you and I had a discussion 2 about the same matter, and I agree, Commissioner, we need to 3 fill this spot. We need to fill it now, even though funding 4 from AACOG only takes up through September 30. That's a 5 long time. That's seven months. 6 MR. HOLEKAMP: Mm-hmm. 7 COMMISSIONER WILLIAMS: I agree, I don't want 8 to see us go seven months without some Code Enforcement in 9 this particular area. I think -- even though you and I 10 talked about you assuming some of these responsibilities, I 11 think you've got enough on your plate. I think we need to 12 find somebody we can hire, that you would recommend us to 13 hire, and that person be paid in accordance with the funds 14 that were given to us by that grant for this particular 15 purpose. And, I think we need to do it now, even though the 16 Court hasn't made a decision as to continuing the -- 17 continuing this particular service to Kerr County citizens. 18 Although I, for one, believe we should, but that's for 19 another day and another time. 20 COMMISSIONER LETZ: I think what -- what I 21 hear Mr. Holekamp asking for is direction, or is there 22 some -- is there a chance it's going to be funded in the 23 future by the County? I mean, so he can tell that -- 24 COMMISSIONER GRIFFIN: I would -- I would be 25 in favor of continuing this function, even if the County had 100 1 to fund it, because -- and, in fact, it needs to be 2 developed then for the same reason Commissioner Baldwin 3 pointed out. There's several problem areas where I'm -- I 4 wish this could be more than part-time. 5 COMMISSIONER BALDWIN: Me too. 6 COMMISSIONER GRIFFIN: Because where we have 7 a problem, it's very difficult to get a part-time person out 8 to see what the problem is, and then to take enforcement 9 action to correct it, and that's difficult. I'm not -- I'm 10 not criticizing anybody. It's just hard to do on the basis 11 of a part-time job. I think this is something that we ought 12 to be concerned enough about that -- at least my sense is 13 that we would continue funding it, even if we don't get a 14 grant. We'll go for every grant that we can get, but in the 15 budget process, we might even look at strengthening this 16 function with County funds. 17 COMMISSIONER BALDWIN: Of course, we don't 18 know what we're going to do at that point. 19 COMMISSIONER GRIFFIN: That's right. 20 COMMISSIONER BALDWIN: And any agreement -- I 21 think we should do everything we can to keep the program 22 going. But, we're in -- we're inside a -- an annual program 23 right now, and -- and I -- I have made some commitments out 24 there that we're going to clean up some things. And I think 25 that we should at least try to finish those cases that have 101 1 been opened by him. And, I don't know if you can go to 2 Rusty and get a part-time deputy that -- who would like to 3 pick up -- I mean, I don't have any idea who could do this 4 part-time, or through the remainder of this year. I don't 5 know. 6 COMMISSIONER GRIFFIN: I think we want to 7 fill the position. I think the sense of the Court is that 8 we ought to fill this position, keep the function going. 9 COMMISSIONER BALDWIN: I agree. 10 MS. NEMEC: Judge, I know where Glenn is 11 coming from, and if I can just say something, it's going to 12 be hard for him to go and find someone and tell them that 13 he's paying them $12 an hour; however, in September, he 14 doesn't know if the job is going to be there or not. And I 15 think what I'm hearing from him is, he just wants to see how 16 you all feel; that if he does not get the grant, are y'all 17 going to make that a priority to keep funding that position 18 so he can at least tell this person, "I only have a grant 19 through the end of December; however, I believe that I have 20 the Court's backing, that we'll somehow or another try to 21 keep that position intact," rather than say, "I don't know. 22 We're just going to have to find out in September what's 23 going to happen." 24 JUDGE HENNEKE: Well, we can't make budgetary 25 projections. I think he could easily say from the sense of 102 1 discussion that it's the consensus of the Court that the 2 position would be funded. 3 MS. NEMEC: That would help. 4 MR. HOLEKAMP: Yeah, that helps immensely. 5 COMMISSIONER BALDWIN: Probably be in the 6 newspaper tomorrow. That would help. 7 JUDGE HENNEKE: So, I think what -- what's 8 coming out of this is the direction from the Court to go 9 ahead and advertise and fill that position now. The only 10 question in my mind is whether it has to be a certified 11 peace officer or not. 12 MR. HOLEKAMP: I'll -- 13 COMMISSIONER BALDWIN: It does not. 14 MR. HOLEKAMP: I'll look at some -- I'll 15 research that a little bit before I do it. Let me get 16 back -- 17 JUDGE HENNEKE: I would certainly think that 18 you have the guidance you need to go ahead and fill the 19 position and -- and say it's your understanding that the 20 consensus of the Court at this time is to continue the 21 program. 22 MR. HOLEKAMP: Okay. Thank you. 23 COMMISSIONER GRIFFIN: I would also add that 24 if it is possible to have a peace officer -- and 25 Commissioner Baldwin may have some of the same experiences 103 1 that I've had. There are some of these enforcement actions 2 that can get pretty nitty-gritty. 3 MR. HOLEKAMP: Yes. 4 COMMISSIONER GRIFFIN: And, having a 5 certified peace officer doing that job is certainly, I would 6 think, desirable. It may be not necessary, depending, but 7 it would certainly be desirable to have enforcement 8 experience in that job. 9 COMMISSIONER BALDWIN: I've had several 10 conversations with Glenn and Mr. Brecher about that when we 11 started the program, when we went to AACOG and got the grant 12 in the first place. It -- I've always been uncomfortable 13 about somebody walking up to my neighbor's door with a 14 pistol on his hip, you know, to tell him he needs to move 15 that junk car out there. But, that badge is good. The 16 badge is good. 17 COMMISSIONER GRIFFIN: Yeah. 18 COMMISSIONER BALDWIN: The pistol's a little 19 bit strong at times, I think, but he has -- 20 COMMISSIONER LETZ: You may want to visit 21 with the constables. One of them may be willing to take 22 that on as an additional assignment. They're certified 23 peace officers, and they -- 24 COMMISSIONER GRIFFIN: Perhaps constables. 25 MR. HOLEKAMP: Well, that's what Mr. Brecher 104 1 was. 2 COMMISSIONER BALDWIN: That's right. 3 JUDGE HENNEKE: He was a deputy constable. 4 COMMISSIONER BALDWIN: Deputy constable. 5 Thank you, Glenn. 6 MR. HOLEKAMP: Thank you. 7 COMMISSIONER LETZ: Move we accept the 8 resignation of Chuck Brecher. 9 COMMISSIONER GRIFFIN: Second. 10 JUDGE HENNEKE: Motion by Commissioner Letz, 11 second by Commissioner Griffin, that the Court accept the 12 resignation of Chuck Brecher from the Solid Waste 13 Enforcement position and the AACOG committee. Any questions 14 or comments? 15 COMMISSIONER BALDWIN: I guess we need to now 16 replace that person on the AACOG committee? 17 JUDGE HENNEKE: We will, but we might want to 18 wait and see who we get as a replacement. 19 COMMISSIONER BALDWIN: All right. 20 JUDGE HENNEKE: All in favor, raise your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. At this 105 1 time, I'm going to suggest that we skip to Number 24 and 25 2 since we have some citizens here for those items. Let's 3 take up Item Number 24, consider and discuss granting a 4 variance to O.S.S.F. licensing requirements to Eddie and 5 Joyce Sowell. Commissioner Williams? 6 COMMISSIONER WILLIAMS: This is the issue 7 that we brought before the Court last meeting in January, 8 and at that time, after listening to some of the issues 9 involved in this, the Court said, "Let's think about it and 10 come back on another day." In that interim period of time, 11 I asked Mr. Sowell to avail himself of the services of a 12 licensed sanitarian to inspect his system and to determine, 13 for the Court's benefit, whether or not it is functioning 14 properly as of today, as of this date, and to bring any 15 evidence of that that he has or any written reports about 16 that so we can have that available for discussion. Mr. 17 Sowell, it's all yours. 18 MR. SOWELL: Yes. I did have a sanitarian 19 engineer come out there and overlook my property -- my 20 septic system. I do have a copy for each one of y'all to 21 take a look at. 22 JUDGE HENNEKE: All right. 23 COMMISSIONER BALDWIN: Thank you. 24 MR. SOWELL: You're welcome. 25 COMMISSIONER BALDWIN: Is "puddling" a 106 1 technical word? Puddling? 2 MR. SOWELL: I did bring -- if you'd like to 3 ask him, I did bring -- I asked Mr. Seidensticker to be here 4 today. 5 COMMISSIONER WILLIAMS: Ask him to come up. 6 MR. SOWELL: Mr. Seidensticker? 7 COMMISSIONER WILLIAMS: Let me start by 8 asking a question of Mr. Seidensticker. 9 MR. SEIDENSTICKER: Yes? 10 COMMISSIONER WILLIAMS: Before I ask a 11 question, tell us who you are and what you do. 12 MR. SEIDENSTICKER: I'm Hoyt Seidensticker. 13 I reside in Kendall County, Texas. Waring, Texas. I'm a 14 registered sanitarian, with experience in on-site septic 15 systems and numerous other water conservation practices, 16 wildlife management and range management. I've got a resume 17 if y'all would like to see that. 18 COMMISSIONER WILLIAMS: I bet one among us 19 knows you. One of the issues that has surfaced often with 20 regard to Mr. Sowell's situation is that the system in place 21 on his property that you have inspected and certified as 22 being workable is undersized by today's standards. Is that 23 correct? 24 MR. SEIDENSTICKER: I did not inspect the 25 system as uncovered. Only -- only inspected the surface. 107 1 Mr. Sowell did not have a backhoe there to uncover the 2 system, so therefore I only inspected the system above the 3 surface. 4 COMMISSIONER WILLIAMS: Well, if we take the 5 word of the Designated Representative, it's undersized. And 6 if that is the case, in your view, does that prohibit it 7 from functioning correctly for the size of property Mr. 8 Sowell owns and the utilization of the system that it serves 9 on a daily basis? 10 MR. SEIDENSTICKER: As inspected on the day 11 that I inspected it, the system was not failing. There was 12 no surface effluent. There was no odor. Under the current 13 use -- or water use of the homeowner, the system did not 14 appear to be failing. 15 COMMISSIONER WILLIAMS: Okay. Anyone else 16 have a question? 17 COMMISSIONER GRIFFIN: Question about the -- 18 Commissioner Williams, you mentioned that it was -- it was 19 undersized according to our current state rules, I believe, 20 and I would ask Charlie Wiedenfeld -- I don't think -- I 21 think it's undersized even all the way back to the 1977 22 rules, which I think were the earliest rules that were 23 written, and it was undersized at that point. So, I mean, 24 failing or not failing is -- is a separate issue. But, as 25 far as the rules are concerned, that all the way back to the 108 1 1977 rules, this is an undersized system. 2 COMMISSIONER WILLIAMS: Mr. Sowell? 3 MR. SOWELL: Mr. Wiedenfeld -- one of his 4 articles in the newspaper said that there wasn't even any 5 mandatory rules in 1977. 6 COMMISSIONER GRIFFIN: I think that was the 7 first year that they wrote them. Is that correct? 8 MR. WIEDENFELD: '77? 9 COMMISSIONER GRIFFIN: State wrote the first 10 rules. My point is, is that since there has been a state 11 rule, this system, by any rule, would be undersized. Now, 12 the workability of it is a separate issue, but it was 13 undersized -- and I don't know when the system was 14 installed. Do we know that? 15 COMMISSIONER WILLIAMS: '86? 16 MR. SOWELL: I don't know the exact year that 17 it was installed. I got a feeling that in 1986 it was 18 upgraded from the clay leach line to the perforated plastic 19 leach line. 20 COMMISSIONER WILLIAMS: I think there's 21 another issue which has surfaced with regard to this 22 particular case. As I pointed out to the Court the last 23 time we discussed it, this has been in and out of J.P. court 24 on at least two occasions, and for whatever reasons, there 25 was not any judgment against Mr. Sowell. For whatever the 109 1 reasons may have been, I think, you know, enough is just 2 about enough. We just passed new enforcement rules. 3 T.N.R.C.C. has signed off on them. We do not require at 4 this point a licensing transfer or an inspection upon real 5 estate transfer. We have several issues of these -- of this 6 same nature pending in court right now. I think we have to 7 figure out what we're going to do with them. As for me and 8 mine, I would just as soon that we leave this particular 9 situation in place. It's there. If it comes a time he 10 sells the property, he's going to have to do something, I 11 would suspect, even though we're not requiring an inspection 12 the at real estate transfers. I think it's time for us to 13 dispose of this and let Mr. Sowell go about his life. 14 COMMISSIONER BALDWIN: Do you argue with 15 that? 16 MR. SOWELL: No. It would be the first time 17 in two and a half years I haven't argued about it. 18 COMMISSIONER LETZ: Was that a motion, I take 19 it? 20 COMMISSIONER WILLIAMS: I would move that a 21 variance as applied for by Mr. Sowell in this case be 22 granted. 23 COMMISSIONER LETZ: I think I would second 24 that, and my basis is that -- I mean, the system isn't 25 failing. It may be a little bit undersized, or maybe it's 110 1 greatly undersized. But, I mean, it's been in and out of 2 court, you know. It's getting -- I tend to agree with 3 Commissioner Williams. I mean, it's not failing at the 4 present time, and let's get on with our lives. We've wasted 5 enough time on it. 6 JUDGE HENNEKE: Is your motion, Commissioner 7 Williams, more in the nature of a license, so that it's not 8 exempting the system forever and a day? 9 COMMISSIONER WILLIAMS: No, my motion is to 10 grant a variance to the O.S.S.F. licensing requirements that 11 were in effect prior to the new regulations for Eddie and 12 Joyce Sowell, owners of Lot 1, Block 2, and Lot 1, Block 3 13 of Harrison Tract, Center Point, Texas. That's under the 14 old set of rules, not the current set of rules. There is no 15 reason for it under the current set of rules, if I 16 understand correctly. 17 JUDGE HENNEKE: The nature of the discussion, 18 which is what I'm trying to clarify, which is that the 19 variance would not necessarily carry forward to any 20 subsequent owners of the property. 21 COMMISSIONER WILLIAMS: Not by my motion or 22 intention, no. 23 JUDGE HENNEKE: I just want to make sure that 24 we're clear to Mr. Sowell in every way. 25 MR. SOWELL: Yes. 111 1 JUDGE HENNEKE: Was there a second? 2 COMMISSIONER LETZ: Yes. 3 JUDGE HENNEKE: Motion made by Commissioner 4 Williams, seconded by Commissioner Letz, that the Court 5 grant a variance to the O.S.S.F. licensing requirements to 6 Eddie and Joyce Sowell, owners of Lot 1, Block 2, and Lot 1, 7 Block 3 of the Harrison Tract, Center Point, Texas, the 8 variance being under the previous O.S.S.F. Rules, and the 9 variance being specific only to Mr. and Mrs. Sowell, not to 10 any subsequent owners of the property or the system in 11 question. Any other questions? If not, all in favor -- 12 COMMISSIONER GRIFFIN: Comment. Just so the 13 Court's aware, the conversations I've had with T.N.R.C.C. 14 regarding the new rules versus old rules and when things 15 went into effect and how things are done, and my own reading 16 of the law, which says that once the Court or its Designated 17 Representative becomes aware of a noncompliant situation, 18 that the system has to be fixed, for whatever reason, even 19 if it's not surfacing effluent. I'm reluctant, in the 20 interest of consistency -- on my own part, I'm reluctant to 21 vote in favor of granting a variance. 22 COMMISSIONER LETZ: Question on the -- to 23 you, Larry, 'cause you -- you know, I view you as a little 24 bit of an expert on O.S.S.F. rules. Is the fact that the 25 estimated footage of the lateral lines being insufficient, 112 1 does that deem it not compliant, and therefore, does state 2 law require that it be compliant? 3 COMMISSIONER GRIFFIN: That's right, and 4 that's my reading of it. You know, and the -- and the 5 undersized drain field is much more -- in my view, from a 6 technical point of view, is probably much more of an 7 incipient danger to public health and safety than the 8 undersized tank. I don't even think -- even if the tank 9 were the proper size, the undersized drain field probably 10 has a higher risk. And I'll defer to the other expert 11 opinion on that, but it's just -- I have tried to be very 12 consistent on this from the very first as far as the new 13 rule is concerned and why I thought that was necessary, and 14 to do it the way we've done, and I would just be reluctant 15 to throw that over. I'm not -- I'm not saying anything 16 about the Court following along with me, but I would be very 17 reluctant to grant a variance when we know that a system -- 18 and there is no -- you know, no requirement, so that when 19 Mr. Sowell sells his property the next time, he can go sell 20 that property and nobody's going to know about it. And, 21 there's probably others, but here's one we know about, and 22 so I'm reluctant to not be consistent on that point. So, 23 that's -- that's just a comment. 24 COMMISSIONER WILLIAMS: Just a comment with 25 regard to consistency, Commissioner. There are many others 113 1 that U.G.R.A. is aware of but haven't been corrected. 2 COMMISSIONER GRIFFIN: And if they are -- 3 were known about before our new rule went into effect, 4 T.N.R.C.C says they can be corrected, and forceably 5 corrected under the old rule, if they were known about 6 before our new rule went into effect. So, there's not an 7 ambiguity there. It's not a judgment call or anything. If 8 there were -- in fact, I don't know what kind of judgment 9 call we could make when we know there is a problem. That's 10 my reading of it. I'm just -- and I wouldn't expect 11 unanimity on the Court's part. I'm just -- I'm just telling 12 you why I will have to vote against it. 13 COMMISSIONER BALDWIN: My only comment is -- 14 is similar, but a little different. Mine is addressed more 15 to granting variances in general. You know, the thought -- 16 and I respect what you said, Commissioner, but the thought 17 of a time frame of us having to deal with this over and over 18 again is not a good reason for a variance. I don't know 19 what -- what is a good reason for a variance, but that's a 20 rare -- and it should be a rare occasion at this table. I 21 could see how this issue -- if we grant this variance, I can 22 see how it is a -- we're really setting a precedent. It 23 wouldn't surprise me if they beat the door down from this 24 point on because of -- it's been in too many courtrooms and 25 the size is a little bit off and et cetera, et cetera. Just 114 1 not -- it's just not a good reason to grant a variance, in 2 my opinion. 3 COMMISSIONER LETZ: I have a -- another 4 question. Going back to the compliance -- I'm more 5 concerned about the compliance issue. Based on what you're 6 saying -- and maybe I'll defer it to Charlie or to whoever 7 can answer it. If a -- are all systems that are not 8 compliant illegal? Or does it have to be a failing system 9 that's not compliant that's illegal? 10 MR. WIEDENFELD: Well, failing, for one, is 11 not defined in T.N.R.C.C. rules. Also, T.N.R.C.C. septic 12 rules do not set performance standards for septic systems. 13 There are construction standards, and then it is assumed if 14 it is constructed properly, it will function properly. But, 15 there are no standards. There are no provisions in any 16 T.N.R.C.C. rule that indicates what a properly operating 17 septic system is. 18 COMMISSIONER GRIFFIN: If you look -- 19 MR. WIEDENFELD: It's based entirely, like 20 Mr. Griffin says, on construction standards, first 21 component, soil conditions and such. If that's there, then 22 it is assumed to be functioning properly. And if we are in 23 knowledge of a system that is not in compliance, then it 24 cannot be licensed -- a system cannot be licensed. 25 COMMISSIONER LETZ: I understand it can't be 115 1 licensed. I'm more concerned, is it -- I mean -- 2 COMMISSIONER GRIFFIN: I asked this specific 3 question of T.N.R.C.C., and in the Compliance Division, Mr. 4 Graber, I asked this question specifically. I said, "If we 5 have knowledge, because of actions taken during the old 6 rule, that a system is not compliant" -- does not meet -- 7 did not meet Chapter 282 requirements, all that stuff in the 8 back where you calculate how many feet of drain field you've 9 got to have and what size tank you've got to have and so on. 10 "If it's not compliant, do we have to...?" He says, "You 11 either make it compliant or you grant a variance." 12 And, on what basis are we granting a 13 variance? That would establish a tremendous -- tremendous 14 precedent, in my mind, that -- in fact, I think we can even 15 go back in history, that people have come forward and said, 16 you know, "You made me put in a compliant system, because in 17 those days you had -- you had a real estate transfer rule. 18 You made me put in a system, and I can document that the 19 system wasn't, quote, failing. According to the standard 20 that is in" -- I'm sorry about the pronunciation -- "that 21 Mr. Seidensticker's made, it wasn't failing in that regard, 22 so therefore you're liable for those monies that I spent to 23 upgrade that system." 24 I -- I just -- and it's unfortunate that Mr. 25 Sowell and perhaps others are caught in this change, but I 116 1 think once we are aware -- in fact, it's straight from 2 T.N.R.C.C. If you are aware that a system is not compliant, 3 you need to make it compliant or you grant a variance. We 4 can't do anything but that. And I realize that we're 5 talking about a variance here. 6 COMMISSIONER LETZ: Judge, I'm going to 7 withdraw my second. 8 MR. SOWELL: I'd like to bring up a situation 9 at this time. If my septic system is not up to compliance, 10 okay, Charles Wiedenfeld should have known that years ago, 11 back in the mid-'80's. I don't know the exact date when he 12 bought the well system -- 13 JUDGE HENNEKE: Mr. Sowell, that's -- excuse 14 me. Excuse me, that's not the issue here. 15 MR. SOWELL: Okay. But I just -- 16 JUDGE HENNEKE: The issue is not what Mr. 17 Wiedenfeld may or may not have known, may or may not have 18 done. The issue is your system on this day, February 12, 19 Year 2001. That's where we're going to stick. We have a 20 motion and no second. At this time, is there anyone else 21 who would like to second the motion? 22 (No response.) 23 JUDGE HENNEKE: Motion fails for lack of a 24 second, and the variance -- request for variance is denied. 25 Thank you, Mr. Sowell. Next item is Number 25, consider and 117 1 discuss accepting a donation of Texas Ranger photographs to 2 display in the courthouse. Mr. Joe Davis. 3 COMMISSIONER LETZ: I'd like to make a couple 4 of comments first on this thing to explain how it came 5 about. I was driving in my truck, like I do most days for 6 many, many miles, and lots of time to think, and I was 7 thinking about the historical, I guess, relics that exist 8 with the Texas Rangers in Kerr County and related to Kerr 9 County. I thought it would be a great idea to display some 10 of the old photographs and things of that nature in the 11 County courthouse. And we have more space now, and I think 12 there's other agenda items that I think we'll talk about on 13 what to do with this space, but I really think that it's a 14 great opportunity for us to display Kerr County history in 15 the Kerr County Courthouse. And, I called Mr. Davis up and 16 presented the idea, and he thought it was -- was worth 17 pursuing. But, before anything was sent or dollars spent, I 18 wanted to make sure that the full Court thought it was a 19 good idea. And, you know, we can, you know, pretty much 20 give a reading to Mr. Davis whether to proceed or not 21 proceed. So, Joe, I'll turn it over to you with that 22 introduction, and appreciate you coming this morning. 23 MS. DAVIS: You bet. Good morning. Yeah, 24 after Jonathan called me and we discussed it, I told him I 25 had some photographs of some early Kerr County Rangers, and 118 1 we felt like it -- our Association and Foundation, I talked 2 to our directors. They felt like it would be a good idea to 3 -- to do this. And, so, what I thought I'd do is maybe just 4 suggest that I -- I've got a few photographs here. Of 5 course, they're old photographs, and these here have been 6 scanned to bring over here. But, maybe get some together, 7 then sit down with Jonathan or whoever and put them together 8 and see what you think about it. And, we'd be glad to 9 donate them to Kerr County, have them framed if it pleases 10 the Court, and -- if you agree on the photographs, and label 11 them and so forth. 12 These will be the early Rangers going back, 13 like, to Captain Neil Caldwell, who formed the Frontier 14 Battalion here, and -- I have one of him and A.J. Sowell, 15 who was an early Ranger; settled in Center Point, buried 16 there at Center Point. And he's the type of guy, Buster, 17 you don't want to go on up to the door, the way he's 18 dressed. Well, I've got one a little better in a suit and 19 tie. But, we -- we would -- it would be our privilege and 20 honor to be able to donate these to Kerr County after we get 21 them together and have them framed and labeled and so forth, 22 if you agree to do so. And, if you want to look at them 23 before you decide, well, we'll go ahead and do that, because 24 we'll surely have a place for them if you don't agree on 25 what you want to do here. 119 1 COMMISSIONER BALDWIN: Fantastic. 2 COMMISSIONER GRIFFIN: Sounds like a great 3 idea -- suggestion. 4 JUDGE HENNEKE: Great. My question is, can 5 we have them by the 22nd? 6 MS. DAVIS: The 22nd? 7 COMMISSIONER LETZ: That might be pushing it 8 a little bit. 9 JUDGE HENNEKE: Well, we'll -- how many are 10 we talking about, Mr. Davis? 11 MS. DAVIS: We're supposed to meet with a 12 lady -- somewhere around 32 are buried in Center Point, and 13 I don't know what-all she has. Probably we can go through 14 them, pick out whatever you figure out will be a good 15 number, just to kind of show maybe the most popular ones or 16 the ones that are the most well-known and so forth, or -- or 17 some of the better photographs, and sit down and look at 18 them, and -- and then go from there and just decide on a 19 number. We can -- we've got plenty of photographs. 20 COMMISSIONER GRIFFIN: I think -- Joe, I 21 think you just nominated our representative. 22 MS. DAVIS: Got a committee; I can work with 23 Jonathan. 24 JUDGE HENNEKE: The reason I asked that, Mr. 25 Davis, is we've got some other pictures we need to hopefully 120 1 accept this afternoon, and we're going to try to get them up 2 for our open house. We want to reserve a sufficient space 3 as we hang these other pictures for your Texas Ranger 4 pictures. They, I think, should have a very prominent place 5 in the courthouse. So, I want to get -- if I can get just, 6 you know, an idea of what it's going to be, 6 or 8 or 12, 7 then as we arrange the other pictures, we can say, no, this 8 is for -- the Ranger pictures are going to go here, and so 9 we can insure that they get the proper attention. 'Cause 10 I'm just thrilled with the idea; I think it's something that 11 we need to do more of. 12 COMMISSIONER LETZ: I would think that 13 something along the line of, you know, 8 or 10, something 14 like that, or 8 to 12. 15 MS. DAVIS: That's what I figured. 16 COMMISSIONER LETZ: They're not going to be 17 real large. I think they're, like, 8 by 10. 18 MS. DAVIS: I have one that's a little larger 19 that's currently on display in San Antonio of two of the old 20 Rangers. It's -- I don't know. It's a little larger than 21 8 by 10, but we can always reduce it down. They're standing 22 by an old corral there in Center Point. Or we could get the 23 others blown up a little bit, too, with the technology. We 24 can -- 25 COMMISSIONER LETZ: Either way. But I think 121 1 it would be kind of a neat idea to have a -- a little area 2 of just the Rangers; you know, one spot. 3 JUDGE HENNEKE: I think so too. And, one of 4 the things we're not going to have by the 22nd, but that 5 we're getting, is an 1886 map of Kerr County which is 6 presently in the archives with the Land Commissioner's 7 office, and a local bank has located the funds to have that 8 map restored, and as a result of which we get a framed copy 9 of that map. So, I think it would be interesting to perhaps 10 juxtaposition that map with the Ranger photos. 11 MS. DAVIS: Yeah, 'cause it would be around 12 the 1880's we're speaking of here in these photographs. 13 1874 to -- 14 COMMISSIONER GRIFFIN: I have a signed print 15 of one Ranger picture, too; that painting that hangs in the 16 Capitol building, and I would be glad to put that on loan to 17 the courthouse if there's a use for it. 18 COMMISSIONER WILLIAMS: Would these be 19 Rangers that we know for sure served Kerr County, or perhaps 20 are even buried in Center Point? 21 MS. DAVIS: Yes, they were all in -- well, 22 when they served, they served Kerr County and surrounding 23 areas, and those are all the ones that would be buried in 24 Center Point, yeah. 25 COMMISSIONER LETZ: I would be glad to meet 122 1 with Mr. Davis and, you know, go over it and come back with 2 a number. I -- being realistic, I don't think -- we want to 3 have them done right. I don't think it would be ready by 4 the 22nd, but I think we can certainly, you know, proceed in 5 due haste. 6 COMMISSIONER BALDWIN: Have to get your 7 priorities in line, though, Letz. You can have them done 8 for the 22nd. 9 COMMISSIONER LETZ: I was trying to 10 accommodate -- 11 JUDGE HENNEKE: Is that a motion to accept 12 the generous donation? 13 COMMISSIONER GRIFFIN: Yes. 14 COMMISSIONER LETZ: Yes. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Moved by Commissioner Letz, 17 seconded by Commissioner Griffin, that the Court accept, 18 with thanks, the donation of photographs of Texas Rangers 19 who served in and around Kerr County. Any further questions 20 or comments? If not, all in favor, raise your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: All opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Thank you, Joe. 25 COMMISSIONER LETZ: Thank you, Joe. 123 1 MS. DAVIS: Okay, thank you. I'll get back 2 to you. 3 JUDGE HENNEKE: While we're on gifts, why 4 don't we go to Item Number 31, which is consider and accept 5 gift of western prints from the Cowboy Artists of America 6 museum and the gift of custom framing from Wells Fargo Bank. 7 Pictures that have been donated and framed are on display on 8 the benches over here outside the Commissioners Court area. 9 They're mostly Jack Terry prints, which is very significant, 10 although not all of them; some of them are other C.A. 11 artists. 12 COMMISSIONER LETZ: They look nice. One of 13 the things I was thinking, Judge, I mean in a way, is to, I 14 mean, hang nice pieces of art, but also to get publicity to 15 the Cowboy Artists Museum, which is a structure here in Kerr 16 County. Kind of have them in -- I don't know; pick an area 17 and put them up, along with a little bit of -- maybe a 18 little plaque about the Cowboy Artists Museum that's housed 19 in Kerr County, and these are prints -- you know, just kind 20 of give them some publicity to kind of have a -- I guess tie 21 a reason to having these prints in the courthouse. They're 22 not just works of art; they're here for a reason, because 23 the Cowboy Artists Museum -- 24 COMMISSIONER WILLIAMS: Well, that sort of 25 ties to what was indicated through the Cowboy Artists when 124 1 they graciously gave us those prints for framing. We can do 2 it one of two ways. Either you can do it with a plaque 3 that's -- that the people can see, but that would -- that 4 would presuppose that they're going to be in one particular 5 area, and look at them all together, or we can do them as 6 small, you know, plaques on the bottom of the frame 7 indicating that this particular print was donated by Cowboy 8 Artists of America. Either way, I think it's a great idea. 9 COMMISSIONER LETZ: I think my personal 10 preference would be -- not that I'm an interior designer -- 11 is to kind of group these different items, you know, in 12 proximity to each other; to have, like, the paintings in one 13 general area, whether it be on the second floor of the 14 courthouse or first floor of the building, and then put the 15 Texas Rangers somewhere else, you know. Kind of have things 16 grouped a little bit so there's a -- kind of more cohesive, 17 rather than have a Texas Ranger picture here and a -- you 18 know, another -- 19 COMMISSIONER WILLIAMS: The Western art that 20 Cowboy Artists of America Museum gave us was intended for 21 Commissioners Court. 22 MS. NEMEC: I have wall space in my office. 23 (Laughter.) 24 JUDGE HENNEKE: No, you don't. 25 MS. NEMEC: Hanging wall space, I do. 125 1 JUDGE HENNEKE: Let's accept the gift and 2 then we'll figure out where we're going to put it. Do I 3 have a motion to accept the gift? 4 COMMISSIONER GRIFFIN: Yes. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE HENNEKE: Moved by Commissioner 7 Griffin, second by Commissioner Williams, that the Court 8 accept the gift of prints from the Cowboy Artists of America 9 Museum and framing from Wells Fargo Bank prominently 10 displayed in the courthouse. Any further questions or 11 comments? If not, all in favor, raise your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE HENNEKE: All opposed, same sign. 14 (No response.) 15 JUDGE HENNEKE: Motion carries. 16 COMMISSIONER BALDWIN: In this grouping 17 thing, is there going to be a -- eventually going to be a 18 Hall of Shame? Where maybe the 1969 Ingram Dam hippie group 19 -- I mean, a picture of me sliding down the dam? Could we 20 get that -- a little print out there somewhere? 21 JUDGE HENNEKE: We can do that. 22 COMMISSIONER GRIFFIN: Right next to the 23 holding cell. 24 COMMISSIONER BALDWIN: Put it in the holding 25 cell; they can have their own art. 126 1 COMMISSIONER WILLIAMS: Make those guys want 2 to go straight. 3 JUDGE HENNEKE: What's the desire of the 4 Court? Do we want to break -- you know, do we want to break 5 at noon, or what's the desire? 6 COMMISSIONER GRIFFIN: Couple more out of the 7 way, then break for lunch. 8 COMMISSIONER BALDWIN: I'm ready to go. 9 Let's do it. 10 JUDGE HENNEKE: Sheriff has some 11 recommendations for us on his bids. Sheriff? Let's go back 12 to Item Number 14, bids for body shop repairs. Sheriff, do 13 you have a recommendation for us? 14 SHERIFF HIERHOLZER: Well, mine is just that, 15 due to the fact that we only got one bid received, and 16 therefore making it impossible for me to really judge 17 whether the County got the best deal price-wise or not, I 18 would recommend that we reject that one bid and possibly 19 start the entire process for both of those, repair and the 20 body work on vehicles, all over again, this time maybe 21 trying to publicize it a little bit better, get a little bit 22 better word out to where people really know what we're 23 looking at, see if we can get some additional bids. 24 COMMISSIONER GRIFFIN: Make some phone calls. 25 That's usually what purchasing agents do in this case. 127 1 COMMISSIONER BALDWIN: What about computer 2 gurus? 3 COMMISSIONER LETZ: I can make phone calls. 4 COMMISSIONER BALDWIN: Okay. What do we 5 need? An order -- a motion to reject all bids? In that 6 same motion, can we also allow the Sheriff to go back out 7 again? 8 JUDGE HENNEKE: No. 9 COMMISSIONER BALDWIN: I move that we reject 10 the bid. 11 COMMISSIONER GRIFFIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Baldwin, second by Commissioner Griffin, that the Court 14 reject the bids for body shop repairs for Kerr County 15 vehicles. 16 COMMISSIONER LETZ: Just a comment. We might 17 request the Sheriff to get with the County Attorney again. 18 I mean, I think this is -- one of the problems I perceive 19 happening is that the bid document became overwhelming, I 20 think, to local small businesses. I mean, it was about a 21 30-page document, and surely we can come up with something 22 that's a little bit simpler and still protect and -- you 23 know, the County and get done what we are trying to achieve. 24 SHERIFF HIERHOLZER: I agree, that may be 25 something that would work. We worked with the County 128 1 Attorney's office, and that's where this bid process came 2 from. But maybe we can explain things a little bit clearer 3 or something. I'll put it back on the agenda, I guess, for 4 next time to go out for bids again. 5 JUDGE HENNEKE: Okay. Any further questions 6 or comments? If not, all in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Mr. 11 Holekamp, did you have something for us, sir? We'll go back 12 to Item Number 9 -- 10, consider and discuss the bids for 13 electrical, plumbing, and heating and air conditioning 14 services. 15 MR. HOLEKAMP: Personally, I would like to be 16 able to do the same thing. I think Commissioner Letz' 17 comments were very appropriate, that the contractor was 18 rather overwhelmed. There were a lot of people that 19 attempted to bid, because I got several calls, but we didn't 20 get their bids. I would like to reject and go back out and 21 rebid, I think, and with a simple summary sheet, to include 22 it into the bid packet for those intending to bid, to 23 explain it a little bit better what our needs are. 24 COMMISSIONER BALDWIN: So moved. 25 COMMISSIONER LETZ: Second. 129 1 JUDGE HENNEKE: Moved by Commissioner 2 Baldwin, second by Commissioner Letz, that the Court reject 3 all bids on electrical, plumbing, heating and air 4 conditioning services. And the basis for the rejection is 5 what? 6 MR. HOLEKAMP: Only -- we only had one for 7 each item. And, I would prefer we be a little bit more 8 competetive, because we do know that there are numerous air 9 conditioning repair people in Kerrville -- Kerr County, 10 plumbers, electricians. And, I -- I really believe that 11 they need to be competetive in giving us prices. 12 JUDGE HENNEKE: We need to be careful, 13 because these people did bid. 14 MR. HOLEKAMP: Yes, sir. I understand. 15 JUDGE HENNEKE: And, basically, what we're 16 saying is it wasn't enough competition, and I'm assuming 17 that we have the ability to do that, but if we go out and 18 solicit bids in good faith, we've got to be prepared to 19 evaluate the results and not the non -- 20 MR. HOLEKAMP: Yes, sir. But I really -- 21 JUDGE HENNEKE: If we're going to go back out 22 again, we need someone to spend some phone time on 23 soliciting -- 24 MR. HOLEKAMP: We will. 25 COMMISSIONER GRIFFIN: I would also point out 130 1 that you can -- in the next solicitation, there should be a 2 comment that this is a rebid of a previous thing, and that 3 previous bidders can either reaccomplish or they can 4 resubmit their previous bid. That's -- 5 MR. HOLEKAMP: Oh, yeah. 6 COMMISSIONER LETZ: Is this a -- the County 7 Attorney -- or Assistant County Attorney is still in the 8 courtroom. Can this form be simplified, do you think, and 9 accomplish what we need to from a bid standpoint? 10 MR. LUCAS: My boss drafted this document, 11 and so -- when did you need this, Glenn? Maybe November? 12 MR. HOLEKAMP: November, December. 13 MR. LUCAS: I haven't looked at it. 14 COMMISSIONER LETZ: Okay. Thank you. 15 MR. HOLEKAMP: I'll provide him with a copy. 16 JUDGE HENNEKE: Motion's been made and 17 seconded. Any further questions or comments? All in favor, 18 raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Let's go 23 ahead and break for lunch and return at 1:15, finish up. 24 (Recess taken from 11:58 a.m. to 1:15 p.m.) 25 - - - - - - - - - - 131 1 JUDGE HENNEKE: All right. It's 1:15 p.m. on 2 Monday, February 12. We'll reconvene this regular session 3 of the Kerr County Commissioners Court. The next item on 4 the agenda is Item Number 23, consider and discuss revision 5 to Kerr County Personnel Policy to, (a), require annual 6 Employee Performance Review for all employees who work for 7 the Commissioners Court or in county departments not 8 directed by elected officials or persons not appointed by 9 the Commissioners Court, said performance reviews to be 10 completed by January 31st and to be provided to the County 11 Treasurer for inclusion in employee personnel files; and 12 (b), to recommend and encourage other Kerr County elected 13 officials to do likewise for employees in their departments. 14 Commissioner Williams? 15 COMMISSIONER WILLIAMS: I became aware that 16 our policies do not contain such an admonition, and I'm not 17 sure why. I was advised that it was there at one particular 18 time and was removed for reasons I really don't know. I've 19 talked to the Treasurer about it. It does not -- it does 20 not happen now as a result of any act of the Court, although 21 there may be some departments who do do it, and that's 22 commendable; hope that they do. To me, it's just an 23 automatic good business practice, and good business 24 practices should start with Commissioners Court. And, so, I 25 thought it might be a good idea to put it in and get it back 132 1 on the books. 2 JUDGE HENNEKE: Any questions or comments? 3 COMMISSIONER BALDWIN: I'm certainly in 4 agreement. I always have been. Let's see. Do you -- in 5 your -- in your subject here, you outline the folks that we 6 need to do that under Commissioners Court. 7 COMMISSIONER GRIFFIN: Yes, I do, 8 Commissioner. That's -- which is directly under our 9 supervision. Road and Bridge, Animal Control facility, and 10 Maintenance are specifically those things -- or any 11 employees that work directly for the Court would be things 12 that we would take care of, and we would provide copies to 13 the Treasurer for incorporation into personnel files. We're 14 recommending that others do the same. We can't order it, 15 but we can recommend it. 16 COMMISSIONER BALDWIN: Mm-hmm. 17 COMMISSIONER WILLIAMS: And there's a sample 18 attached, which -- of a form which comes from the District 19 Clerk's Office. So, I think it's pretty safe to believe 20 that the District Clerk is on line, does that now. 21 COMMISSIONER BALDWIN: Let's see, completed 22 by January 31st of this -- each year. 23 COMMISSIONER GRIFFIN: When you say completed 24 by January 31st, you mean in the month of January by the 25 31st? 133 1 COMMISSIONER WILLIAMS: Right. 2 COMMISSIONER GRIFFIN: So, January of each 3 year. 4 COMMISSIONER WILLIAMS: For the preceding 5 year. 6 COMMISSIONER BALDWIN: We're into February 7 now. 8 COMMISSIONER WILLIAMS: Well, we would make 9 an exception this year if we wanted to do that, yes. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER LETZ: Maybe I had a long lunch. 12 I'm trying to read through this, make sure I understand who 13 we're reviewing. 14 JUDGE HENNEKE: We're reviewing -- we cannot 15 force other elected officials to review -- 16 COMMISSIONER LETZ: Right, so they're out. 17 JUDGE HENNEKE: And the Auditor's office is 18 not under our control. The Auditor is appointed by the 19 District Judges, so it's everybody else. 20 COMMISSIONER LETZ: That's what I thought. 21 That's how I was reading it. But, to me, I mean, I don't 22 think that we should necessarily appraise the employees in 23 Road and Bridge. 24 JUDGE HENNEKE: We don't. Their supervisor 25 does. We can require their supervisor -- we can require 134 1 Mr. Holekamp to do an annual performance review on everybody 2 that he -- that he supervises. 3 COMMISSIONER GRIFFIN: We would only do one 4 on him. 5 JUDGE HENNEKE: Right. 6 COMMISSIONER WILLIAMS: Yeah. 7 COMMISSIONER LETZ: Okay. I just wanted -- 8 wanted to make sure that's what I was reading. 9 JUDGE HENNEKE: That's -- 10 COMMISSIONER WILLIAMS: I would move 11 adoption. 12 JUDGE HENNEKE: Just a minute. 13 MS. NEMEC: Okay. If -- would this be 14 separate from what is in the policy now? In the policy, in 15 7.04, are we still going to keep this section which says 16 that employee evaluations are to be done by the elected 17 officials in order for them to put in for merit increases? 18 And then there's this section that pertains to that section 19 that is to be done -- that is more merit increases. It's 20 not just for annual evaluations. Are we going to still -- 21 COMMISSIONER GRIFFIN: To my mind, that's 22 separate. That's a separate issue, raises. This -- this -- 23 this is just an employee performance, that's all. Has 24 nothing to do with -- 25 MS. NEMEC: With salary or -- 135 1 COMMISSIONER GRIFFIN: But it gives you -- 2 gives you another tool to use during consideration for -- 3 MS. NEMEC: Okay. 4 COMMISSIONER GRIFFIN: -- salary increases or 5 whatever. 6 MS. NEMEC: And I will say this, that in here 7 it also says that those evaluations are to be kept in their 8 files. The elected officials have always argued that point. 9 They don't want me having other employees' personnel files, 10 so I know I'll never get the other elected officials'. As 11 far as the Court, the departments that the Court are under, 12 you know, that's -- that's up to y'all, and that can be 13 done, but as far as the others, I doubt that I would ever 14 get them. 15 COMMISSIONER GRIFFIN: Fair enough. 16 JUDGE HENNEKE: Any other comments or 17 questions? Mr. Holekamp? 18 MR. HOLEKAMP: Yes. Is the -- do y'all have 19 a form that y'all are -- 20 COMMISSIONER WILLIAMS: There's a suggested 21 one that apparently the District County Clerk -- Kerr County 22 District Clerk uses. It's attached to ours. If you have a 23 better -- 24 MR. HOLEKAMP: Is it a different one that -- 25 oh, this is different than the one we use. My department 136 1 does it every six months. 2 COMMISSIONER WILLIAMS: Okay. 3 MR. HOLEKAMP: But a different form. 4 COMMISSIONER WILLIAMS: That's fine. Only a 5 suggestion. 6 COMMISSIONER LETZ: It would be good if you 7 would provide us with a copy of your form, just so that we, 8 you know, have something to compare to. 9 (Mr. Holekamp handed his form to the Court.) 10 MR. HOLEKAMP: Immediate response. 11 MS. NEMEC: Okay. So, are we saying that 12 his -- 13 MR. HOLEKAMP: No, no. 14 MS. NEMEC: -- employee evaluations should be 15 in my office in their personnel files? 16 JUDGE HENNEKE: Yes. Once we -- once we 17 adopt this -- change that, we'll -- 18 COMMISSIONER BALDWIN: I'd like to see all -- 19 everybody that we -- that comes under Commissioners Court be 20 in a centralized location, and the Personnel Officer of the 21 County is the likely place for it. 22 COMMISSIONER LETZ: Are these subject to 23 public review -- 24 JUDGE HENNEKE: No. 25 COMMISSIONER LETZ: -- in the files? 137 1 JUDGE HENNEKE: Personnel are specifically 2 exempt from the Open Records Act. 3 COMMISSIONER BALDWIN: How do you see us 4 doing this? Fill out one of these forms and then have an 5 oral interview with that person? 6 COMMISSIONER WILLIAMS: I think there's 7 nothing wrong with reviewing with the employee the contents 8 of the review, going over it with the employee. If there 9 are things that need to be corrected, that should be brought 10 to the person's attention. If there are things that need to 11 be commended, they need to be commended. 12 COMMISSIONER BALDWIN: Absolutely, and I 13 agree. I guess we could do that in Executive Session, could 14 we not? 15 COMMISSIONER WILLIAMS: I would think so. 16 Judge? 17 JUDGE HENNEKE: Well, the way I've done it 18 before on boards I've sat on where the whole board reviews, 19 like, the General Manager, is everyone would turn in their 20 reviews, and then there would be a subcommittee which would 21 compile a consensus of the reviews, and that subcommittee 22 would sit down with the employee -- with Mr. Holekamp or 23 Mr. Allen or whoever, and go over the review, rather than 24 have it be a full posted meeting. 25 COMMISSIONER WILLIAMS: That's probably -- 138 1 JUDGE HENNEKE: Just the way I've seen it 2 done before. 3 COMMISSIONER LETZ: I don't -- I mean, I 4 think it's -- someone needs to be delegated or appointed or 5 whatever to be the subcommittee, to compile all the results 6 from the Commissioners court. But I think any discussions 7 with the employee would be done with the full Court, because 8 I don't -- I mean, we just don't represent, necessarily, 9 each other's opinions. And, I mean, I think -- 10 COMMISSIONER BALDWIN: If you had -- if you 11 had some critical idea or something like that about one of 12 our employees, I would want you to say that to them, to 13 express your concerns. 14 COMMISSIONER LETZ: I probably would. 15 COMMISSIONER BALDWIN: I'm just using that an 16 example. 17 MS. NEMEC: Can I say something about 18 subcommittees? I'm not real sure how they work or what you 19 really mean by them, but I think what I'm hearing is that 20 y'all would all turn in your evaluations, and then they 21 would be -- then you would turn them in to this one person, 22 and that -- 23 JUDGE HENNEKE: No, we've got a difference of 24 opinion here. 25 MS. NEMEC: Oh. Well, I'm just trying to 139 1 clear my mind on it. Are you saying that y'all are all 2 going to do evaluations on whoever it is -- Animal Shelter 3 Supervisor, y'all are all going to do an evaluation, you're 4 going to hand in your evaluations to one person that's going 5 to put all those evaluations together and is going to tell 6 this person, "This is what your evaluation is," rather than 7 you individually -- 8 JUDGE HENNEKE: That's what we're discussing, 9 whether that's -- 10 MS. NEMEC: Okay. That's what I'm asking. 11 JUDGE HENNEKE: -- that's the better way to 12 do it, or whether there seems to be some consensus for 13 everyone -- 14 MS. NEMEC: Okay, 'cause if that's -- 15 JUDGE HENNEKE: As opposed to having it -- 16 MS. NEMEC: -- cause if that's what you're 17 saying, I have an opinion on it. I just want to make sure 18 that's what you were saying. And, my opinion is that -- 19 that if there's something that you're trying for the 20 employee to correct or that they're not doing right, if it 21 doesn't come from you, and later on you write up that 22 employee and try to get rid of them for whatever reason, 23 they can always come back and say, "Well, that person didn't 24 explain it to me the way you saw it." 25 COMMISSIONER LETZ: The other side of that, 140 1 to me -- 2 COMMISSIONER WILLIAMS: Good point. 3 COMMISSIONER LETZ: Point is, if we don't do 4 it as a body doing it -- I mean, we may speak individually, 5 but it's not -- I mean, there may be -- I may want this 6 employee to do this, and no one else in the Court may want 7 -- may say, "No, that's a stupid idea," and that Court 8 can -- it's not fair to the employee. And, that employee 9 has to know what this Court as a whole wants, not what each 10 individual wants. 11 JUDGE HENNEKE: You have to remember, this is 12 a performance evaluation. It's not a job description. You 13 don't have the ability to tell someone to do something 14 different that's not in their job description. You have the 15 ability to evaluate their performance under their job 16 description. So, there may be differences as to 17 performance. 18 COMMISSIONER GRIFFIN: But, under the -- but 19 under the job description, there could be -- Jonathan's got 20 a point. There could be somebody that says, "Hey, I think 21 Item A in your job description ought to have priority, and 22 everybody else says no, that's dumb, 'cause Item C is really 23 the one that -- that the employee needs to pay the most 24 attention to. So, there could be, well within the job 25 descriptions, varying degrees of priorities and what's 141 1 important. 2 JUDGE HENNEKE: But -- that may come up 3 during the evaluation, but that exercise is amending the job 4 description. It's not -- not evaluating the performance of 5 the employee -- 6 COMMISSIONER GRIFFIN: Oh. 7 JUDGE HENNEKE: -- under the job description. 8 COMMISSIONER LETZ: I mean -- yes, but I 9 think it's unfair for the employees -- I mean, how is the 10 employee going to know how to react if they have me 11 individually, as a Commissioner, going and saying, "I want 12 you to do this," and Bill says something completely 13 opposite? I mean, they're going to be -- I mean, are they 14 doing right or wrong, based on this Court as a whole? And 15 that's not -- I don't think that's fair to the employee. I 16 think you need to have a discussion with everyone present, 17 and if I want to voice my view -- 18 COMMISSIONER GRIFFIN: That can be in 19 Executive Session. 20 COMMISSIONER LETZ: If I have an opinion, I 21 should be free to voice it, but if the rest of the Court 22 doesn't think it's an important point, I think the employee 23 has that -- needs to know that, really. 24 COMMISSIONER WILLIAMS: I don't disagree. 25 But, you know, if you take a look at this suggested form, 142 1 we're talking about reliability, enthusiasm, accuracy, 2 alertness, initiative, effectiveness under stress, job 3 knowledge, adaptability, quality of the work product, volume 4 of acceptable work, ability to make sound decisions. We're 5 not talking about specifically your work being done before 6 mine or vice-versa. We're talking about all those things 7 which go into a performance evaluation. 8 COMMISSIONER LETZ: But -- so, even there, I 9 mean, I may think -- every time I call Road and Bridge, I 10 may get, you know, a reliable, quick response. Every time 11 you call, you may not, so I may view reliability as great, 12 and you may say this is, you know, terrible. 13 COMMISSIONER WILLIAMS: That's a good point. 14 COMMISSIONER LETZ: So, I mean, I think that 15 -- you know, I just think that if we're going to -- I don't 16 have a problem with each of us filling out a form and 17 providing that to the employee as just an educational tool 18 as how we feel, but I think when it starts coming to, you 19 know, having any sort of counseling session, I think the 20 full Court -- if we want to individually talk to them, fine, 21 but I think if we're going to do anything officially, I 22 think it needs to be done with everyone here. 23 COMMISSIONER WILLIAMS: And in closed 24 session. 25 JUDGE HENNEKE: The employee has the right to 143 1 require it to be in open session. 2 COMMISSIONER WILLIAMS: Oh, okay. 3 COMMISSIONER BALDWIN: That's fine. 4 JUDGE HENNEKE: That's -- don't start down 5 that road with the mentality that this is going to be in 6 Executive Session. 7 COMMISSIONER GRIFFIN: Could be, unless the 8 employee wants it otherwise. 9 COMMISSIONER LETZ: And it could be -- we 10 could also set it up where the employee requests it. We 11 could just provide the forms, and if the employee wants -- 12 COMMISSIONER GRIFFIN: Maybe the employee 13 doesn't want a closed session, or doesn't want any session. 14 COMMISSIONER LETZ: Or doesn't want any 15 session. 16 JUDGE HENNEKE: Well, that's -- that defeats 17 part of the purpose of having a review. You need to sit 18 down and talk to the employee about the review, and to allow 19 them to waive it is to allow them and us to miss an 20 opportunity to really talk about their performance. It's 21 for their benefit, but it's also for our benefit. 22 COMMISSIONER GRIFFIN: I was going along with 23 the form here, 'cause at the bottom there is an initial; it 24 says, "I acknowledge receipt of the evaluation and do not 25 wish to respond." Now, that's not necessarily in a 144 1 face-to-face meeting, I know, but -- we'll try it, try all 2 of it. Won't hurt. 3 COMMISSIONER BALDWIN: I don't think we need 4 to get off on the leg either, though, that -- that this is a 5 negative way to do business. 6 COMMISSIONER GRIFFIN: No, can be very 7 positive. It can be -- 8 COMMISSIONER BALDWIN: It can be a very 9 positive encouragement tool to use, and that's the way I 10 choose to look at it. So, it would -- to me, I agree with 11 -- I agree with Fred. I think it's an opportunity for us to 12 sit down with our employees and just get real open and 13 honest with them and really evaluate them and give them the 14 opportunity to -- and have a dialogue. 15 COMMISSIONER GRIFFIN: Mm-hmm. 16 COMMISSIONER BALDWIN: To work through some 17 possible bad issues or good issues. 18 COMMISSIONER LETZ: But each of us 19 individually do it? Or doing it as a -- 20 COMMISSIONER BALDWIN: No, I want to -- my 21 preference is to sit right here -- or get down here at a 22 table, preferably; I like to be at eye level, and with the 23 employee and in a closed session is what I would prefer. 24 COMMISSIONER LETZ: I'm in favor of that. 25 JUDGE HENNEKE: That's fine. 145 1 COMMISSIONER GRIFFIN: Do we need a motion? 2 COMMISSIONER WILLIAMS: There's a motion; it 3 needs a second. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Williams, second by Commissioner Griffin, that the Court 7 adopt a revision to Kerr County Personnel Policy to, (a), 8 require annual Employee Performance Reviews for all 9 employees who work directly for the Commissioners Court or 10 who work in County departments not directed by elected 11 officials, or persons not appointed by the Commissioners 12 Court, said Performance Reviews to be completed by January 13 31st of each year and to be included in the employee 14 personnel files to be maintained by the County Treasurer, 15 and also (b), to recommend and encourage other Kerr County 16 elected officials to do likewise for employees in their 17 departments. Any further questions or comments? Mr. 18 Holekamp? 19 MR. HOLEKAMP: Just a question, you know, on 20 the job descriptions -- forms -- I mean, not job 21 descriptions. Job evaluation forms. Is there a preference, 22 or could we use the one we currently are using? Do y'all 23 have a problem with that? Or -- 24 COMMISSIONER LETZ: It's almost the same. 25 MR. HOLEKAMP: Do you want us to turn in the 146 1 -- the previous job evaluations we have on employees to the 2 Personnel Officer? We currently keep those. We do them 3 every six months in my department. 4 JUDGE HENNEKE: I think it's the sense of the 5 Court that all those employee personnel records should be 6 centrally maintained in the Treasurer's office. 7 COMMISSIONER WILLIAMS: You can use either 8 form. We're not adopting the form, only a policy. 9 MR. HOLEKAMP: Not adopting a form? 10 COMMISSIONER WILLIAMS: Suggested form, but 11 it's not adopting. 12 COMMISSIONER GRIFFIN: Or the frequency. If 13 it's more than -- if it's more than once a year, that's 14 fine. But -- 15 MR. HOLEKAMP: We do it twice. 16 COMMISSIONER GRIFFIN: -- do it in January 17 for the previous 12 months. You could have it in July for 18 the previous six months and then at the end of January, the 19 previous six, or whatever. There's -- you know, you can do 20 more. We're saying you can't do less. 21 JUDGE HENNEKE: Any further questions or 22 comments? If not, all in favor, raise your right hands. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 147 1 JUDGE HENNEKE: Motion carries. Item Number 2 26, consider and discuss resolution supporting the Plateau 3 Water Plan Group's request for funds for implementation of 4 the Trinity Aquifer Monitoring Program. Sounds like a 5 Commissioner Letz request. 6 COMMISSIONER LETZ: Yes. I think everyone 7 received a copy of the resolution in your box. The purpose 8 of the -- well, two reasons. One, one of our -- we're going 9 to submit for this to be done either right now, there's some 10 interim financing which is available, or if we don't get 11 that, we're going to continue to pursue it under the next 12 water planning period, which that phase starts October 1st. 13 But, what it is, basically, there's a tremendous lack of 14 knowledge of the Middle Trinity, Lower Trinity, and Edwards 15 Trinity Aquifers and where they are on the monitoring 16 standpoint. We just don't have good monitoring wells in the 17 county. This is a proposal to submit to the Water 18 Development Board for them to pay for a total of eight 19 wells -- six wells -- I can't remember how many wells. 20 AUDIENCE: Eight. 21 COMMISSIONER LETZ: Eight? 22 (Discussion off the record.) 23 COMMISSIONER LETZ: Well, I think we upped 24 it. I think it's six in Kerr and in the Trinity -- Lower 25 Trinity and possibly the Middle Trinity, six in Bandera, six 148 1 in the Edwards Trinity, to increase the ones out on the far 2 western part of the county. All these wells would be 3 used -- would not be production wells at all. They'd all be 4 equipped with continuous monitoring data which will -- and 5 also each location would have rain collection 6 instrumentation, so it can start for the first time tracking 7 in this area exactly how the aquifer responds in general, 8 and then when a rain event happens on the surface, what it 9 does to the aquifers in various parts of the county. It's 10 really a vital step for us to learn really what the water 11 availability is in this part of the state. 12 And, there is some additional funding that 13 became available from the Water Development Board that 14 everyone's fighting for right now, and I felt -- I think the 15 whole P.W.P.G. Board feels that it certainly will not hurt 16 to get a resolution from the Commissioners Courts that are 17 affected and cities to help encourage them to give us the 18 funding right now, and that's what this resolution is for. 19 We're submitting this to the Water Development Board for 20 funding on the 15th of this month, which is this Wednesday. 21 That is the reason for it. Any questions? 22 COMMISSIONER BALDWIN: I'm certainly in favor 23 of it. If -- I think if the State does anything, they 24 should support this, 'cause we're talking about accurate 25 science here, finally. 149 1 COMMISSIONER GRIFFIN: Yeah. 2 COMMISSIONER LETZ: And, this also -- 3 actually, one of the, you know, exciting things about this 4 if we can get the funding -- this is really how we're 5 selling it to the State, because they don't really -- they 6 were not really inclined to pay for these pure monitoring 7 wells. It's some of the recharge information that we could 8 obtain from this. You can look at a rain event in 9 Fredericksburg and see what it does to wells in different 10 parts of the county. And, you know, in -- also out in 11 Rocksprings, if that has an effect. So, even though we may 12 not get the rain here, we have a general idea of where the 13 rain falls -- does fall, and somehow what the impacts are. 14 Anyway, I'll make a motion that we adopt -- approve and 15 adopt the resolution supporting continuously monitoring 16 wells in the Middle Trinity, Lower Trinity, and Edwards 17 Trinity Plateau aquifers. 18 COMMISSIONER BALDWIN: Second. 19 JUDGE HENNEKE: Motion by Commissioner Letz, 20 second by Commissioner Baldwin, that the Court adopt the 21 resolution supporting the Plateau Water Plan Group's request 22 for funds for implementation of the Trinity/Edwards Aquifer 23 Monitoring Program. Any further questions or comments? If 24 not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 150 1 JUDGE HENNEKE: All opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. 4 COMMISSIONER LETZ: I might ask if we can -- 5 I don't know whether the original is here today on that, but 6 if we can sign it today so I can get it over to U.G.R.A. as 7 soon as possible. 8 JUDGE HENNEKE: We'll find it. 9 COMMISSIONER LETZ: We'll find it. 10 JUDGE HENNEKE: Item Number 27, consider and 11 discuss project agreement with USDA/NRCS for construction of 12 temporary bridge at Hermann Sons crossing and authorize 13 County Judge to sign same. 14 COMMISSIONER LETZ: This is going back to the 15 Hermann Sons Bridge that washed out. And the money, we've 16 been told -- we haven't seen any cash yet, but it has been 17 appropriated out of Washington in the amount of $190,000, 18 sent to Texas, and this is the agreement basically for the 19 County to work with NRCS to get that bridge reconstructed. 20 This has not been by the County Attorney yet. I would run 21 it by the County Attorney, but I make a motion that we 22 approve the agreement and authorize the County Judge to sign 23 same, subject to County Attorney's agreement. 24 COMMISSIONER WILLIAMS: This provides only a 25 temporary bridge, right? 151 1 COMMISSIONER LETZ: A temporary bridge. They 2 are looking at a little bit heavier duty structure than 3 originally talked about. The price went up, and we're 4 obligated under this for 25 percent of the cost. Part of 5 that will be in-kind, and Leonard has -- is earmarking out 6 of Special Projects other funds where we can, you know, come 7 up with it, so it will not be any kind of a budget 8 amendment, but it will require maybe some readjustment, once 9 we get the exact amount, in allocation of funds at Road and 10 Bridge. 11 COMMISSIONER BALDWIN: Jon, you're talking 12 about this year too, aren't you? 13 COMMISSIONER LETZ: This -- the bit of a rush 14 on this is that the -- everyone is trying to get this bridge 15 up and workable by the 1st of June when the summer camps 16 open out on that road. And, the federal government's very 17 much aware of that deadline, and they feel they can complete 18 it still. 19 COMMISSIONER BALDWIN: You're talking about 20 miracles now. 21 COMMISSIONER LETZ: Right now we're working 22 on right-of-ways. That's been a little bit of a -- that's 23 the next agenda item. 24 JUDGE HENNEKE: We have a motion to authorize 25 the agreement. Do I have a second? 152 1 COMMISSIONER BALDWIN: I seconded it. 2 JUDGE HENNEKE: Did you? 3 COMMISSIONER BALDWIN: Yes, sir. 4 JUDGE HENNEKE: Sorry, Commissioner. Motion 5 by Commissioner Letz, second by Commissioner Baldwin, that 6 the Court approve the project agreement with USDA/NRCS for 7 construction of temporary bridge at Hermann Sons Crossing 8 and authorize County Judge to sign same upon its approval by 9 the County Attorney. Any further questions or comments? If 10 not, all in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Next item goes with this one. 15 Item Number 28, consider and discuss required assurances 16 relating to real property acquisition for Hermann Sons 17 Crossing and authorize County Judge to sign same. 18 COMMISSIONER LETZ: This goes along with the 19 same item at Hermann Sons. The agreement, as I understand 20 it, also needs to be run through the County Attorney's 21 office, but it assures the government that the County has 22 acquired right-of-ways where needed to do the structure, and 23 we're currently working on that. We have, I believe, three 24 of the four individuals that will need right-of-ways or 25 potentially need right-of-ways for them underway, and the 153 1 fourth person, the County Attorney's office is working with 2 him right now and with Road and Bridge to come up with an 3 agreement that is suitable. And, this is just basically 4 assuring that we will get -- that we have the right-of-ways, 5 and I make a motion that we -- that we approve, I guess, the 6 assurances relating to real property acquisition and 7 authorize the County Judge to sign same once we have all 8 right-of-way agreements in-hand. 9 COMMISSIONER WILLIAMS: Second. 10 COMMISSIONER GRIFFIN: Yeah, and I have a -- 11 JUDGE HENNEKE: Motion by Commissioner Letz, 12 second by Commissioner Williams, that the Court approve and 13 authorize giving the required assurances relating to real 14 property acquisition for Hermann Sons Crossing and authorize 15 County Judge to sign same once the necessary agreements 16 about the right-of-way have been executed. 17 COMMISSIONER GRIFFIN: Will these 18 right-of-ways only have to be there until the Hermann Sons 19 bridge is a permanent bridge, restored, and -- and then 20 these would revert or something? 21 COMMISSIONER LETZ: These -- 22 COMMISSIONER GRIFFIN: The other 23 right-of-ways set up? 24 COMMISSIONER LETZ: These are only temporary 25 for construction. The actual location of the bridge will be 154 1 the same place, but it's going to take some pretty heavy 2 equipment and some storage of equipment, and there's no room 3 in our County right-of-way, so we're working out a 4 potentially -- since we're not sure exactly how it's going 5 to work with getting on all four corners of the bridge, 6 those property owners are in the right-of-way agreements 7 with us. 8 COMMISSIONER BALDWIN: I've got a question. 9 Wasn't the bridge that washed away -- Hermann Sons bridge 10 that washed away, wasn't that one of our off-system bridges? 11 No? 12 JUDGE HENNEKE: Yes, it is. 13 COMMISSIONER LETZ: It's on the list. 14 JUDGE HENNEKE: Yes, it is. 15 MR. HOLEKAMP: Now. 16 COMMISSIONER LETZ: It's been on the list. 17 It's been very low priority, which means -- 18 COMMISSIONER BALDWIN: No, I mean the actual 19 bridge that washed away. Wasn't that built with the 20 off-system program? 21 COMMISSIONER LETZ: No. 22 JUDGE HENNEKE: No. It's on the -- 23 COMMISSIONER BALDWIN: It's on the list to 24 be -- 25 MR. HOLEKAMP: To be fixed up with the 155 1 off-system -- 2 COMMISSIONER BALDWIN: Okay. So, it's Lane 3 Valley that we did years ago? 4 MR. HOLEKAMP: Yes, sir. 5 COMMISSIONER BALDWIN: Okay, I'm sorry. 6 COMMISSIONER LETZ: We don't have many. 7 JUDGE HENNEKE: Anything further? If not, 8 all in favor, raise your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. 13 COMMISSIONER BALDWIN: And the County 14 Attorney's going to look at this and make sure it's a good 15 document also? 16 COMMISSIONER LETZ: Also approve and look at 17 all agreements as well, right-of-way agreements. 18 JUDGE HENNEKE: Item 29 is to consider and 19 discuss approving the job description for the Kerr County 20 Information Systems Support Specialist and approve the 21 method and schedule for filling the position. Commissioner 22 Griffin? 23 COMMISSIONER GRIFFIN: The Court will recall 24 during the budget process of the current fiscal year, we 25 decided as a budget matter to wait on hiring a -- a computer 156 1 information systems specialist until halfway through the 2 year. That was a pure budget-driven decision that we made, 3 and now we are at the point of hiring that person on or 4 about April 1st. What's in the packets is a -- a draft of a 5 job description which actually I took and modified from a 6 job description that the State has in their job description 7 handbook, because it sounded like this was about the level 8 of the person that we would want. Several things we need to 9 do -- let me ask a question, Barbara. Do we have a 10 specified job description format -- 11 MS. NEMEC: Yes. 12 COMMISSIONER GRIFFIN: -- for the County? 13 So, one of the things -- can you get me a copy of that 14 format? I will redo this before we finally approve it, but 15 what we need to do -- it will have words in it like this, 16 subject to the Court's approval. I suspect we'll have to 17 come back to the next session to do that with -- to formally 18 approve this, but if you see anything in here you think 19 shouldn't be there or if there is something that you think 20 should be included that is not, then please get that 21 information to me. And, Barbara, I'd ask that you review 22 this too, and I'll work with you to get it in the right 23 format. 24 MS. NEMEC: Okay. That was part of what Nash 25 and consultants did. 157 1 COMMISSIONER GRIFFIN: Right. 2 MS. NEMEC: They redid all the job 3 descriptions in one format. 4 COMMISSIONER GRIFFIN: I thought they did, 5 but this is the state format, and I know we can squeeze it 6 into the -- 7 MS. NEMEC: Okay. 8 COMMISSIONER GRIFFIN: -- new format pretty 9 easily. What I would propose to do is, at the next session, 10 do a final approval on this job description. I would have 11 an announcement that would appear in the Texas Workforce 12 Commission, and we can transmit that to -- it doesn't cost 13 us anything. That will be -- it then goes out statewide. 14 Actually, it's on a web site, and this is what kind of 15 people are looking at jobs that we want. This is the kind 16 of thing that can get us broad coverage. But, we'll also 17 advertise it locally. And, of course, if we can find 18 somebody local, that's great. If -- if we don't, though -- 19 and if you look at these requirements in here, there's some 20 pretty important things, like acting as the County's web 21 master for the web site. Any good guru can do that, but he 22 or she's got to have some experience before we would 23 probably want to hire them cold, for example. 24 So -- and then I would propose that we -- 25 once we get those, we can have -- we can put that on the 158 1 Workforce Commission, we can advertise it locally, and I 2 would say that we would ask for responses within about 30 3 days, with resumes. That will -- we'll go through those, 4 we'll pick the top two, three, four, whatever it looks like 5 the break is, and conduct interviews with those people. 6 During that process, we would also determine the salary 7 level, not to exceed our budgeted amount, and we would then 8 probably, in the course of those interviews, make a 9 selection, make a job offer and that sort of thing, and have 10 the person on board by about -- on or about April 1st. 11 There's nothing magical about that date. It can't be -- it 12 depends on the budget dollars, so we'd have to play with 13 that a little bit, but -- and I would hope that by, 14 certainly, not later than the middle of May, we'll have that 15 person here on board. We should have an internet 16 connectivity by then. We should be off and running. 17 COMMISSIONER LETZ: If you post it in Austin, 18 you should have quite a few applicants in that area. 19 COMMISSIONER GRIFFIN: It's amazing how the 20 Workforce Commission can even -- I hate to say this with our 21 employees present, but you can go set up a -- a query there 22 where you're interested in this kind of a job anywhere, and 23 every day you turn on your computer, it pops up on your 24 screen, here's where you can go to work if you're 25 interested. And, of course, we won't -- we can always have 159 1 people wanting to move here rather than move away, but -- 2 and it does get used. And, we may very well get a fair 3 number of applications. 4 COMMISSIONER LETZ: Hope we get more than a 5 fair number. 6 COMMISSIONER GRIFFIN: Yeah. 7 COMMISSIONER BALDWIN: Let me ask you a 8 question, Larry. You said beginning date would be around 9 April 1? 10 COMMISSIONER GRIFFIN: Mm-hmm. 11 COMMISSIONER BALDWIN: Have we talked about 12 office space for this person? 13 COMMISSIONER GRIFFIN: No. And, in fact, 14 that's something I've -- I've briefly spoken with Tommy 15 about it. Actually, this -- I would like to see if we can 16 find a place where this person can have enough room to have 17 some equipment around, 'cause that's what they need. They 18 may have two or three different computers, and we would then 19 -- we're going to have another computer that's related to 20 just the virus analysis that gets done every morning, noon, 21 and night. That equipment could be there. This person 22 could also have a -- a PC -- oh, it also has to have a PC 23 that has access to the server. There's a number of things 24 like that. And, generally, where you find these things is 25 sort of in a boiler room kind of -- 'cause it's not anything 160 1 fancy. You don't -- I'd like to look and see if maybe we 2 could work out something fairly close to the mainframe, 3 'cause this person's going to have some access to that. 4 COMMISSIONER BALDWIN: The mainframe is down 5 in the Tax Office area? 6 COMMISSIONER GRIFFIN: Well, no, the server 7 is actually downstairs, as I understand it, over to the 8 side. But -- 9 COMMISSIONER BALDWIN: Well, that's what I 10 was going to say. 11 COMMISSIONER GRIFFIN: We really need to go 12 through that in detail. 13 COMMISSIONER BALDWIN: Okay. What I wanted 14 to say to you, though, is I'm still in -- there is a -- the 15 downstairs area that we're developing into office space down 16 there. 17 COMMISSIONER GRIFFIN: That may be the 18 best -- 19 COMMISSIONER BALDWIN: We -- there's still a 20 lot of construction things going on down there, is the 21 reason I haven't pushed it through. I don't want to bother 22 those guys, but we're still in that planning process. And, 23 if you all think that that would be a good place, let me go 24 ahead and start putting that in our plans and we'll get it 25 in the drawings. 161 1 COMMISSIONER GRIFFIN: The cabling is already 2 in. And, see, this -- by the way, this position that I'm 3 talking about, physical location can be moved as long as 4 there's cabling to get all the equipment in that needs to 5 be. And that's one good thing about that area over there, 6 is that the cabling is run and it would be relatively easy 7 to make drops into a space over there. But, I'll get with 8 Tommy and probably come up with a couple of -- and maybe get 9 with, oh, Buster and look at what space might be available. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER GRIFFIN: New space. And we'll 12 come up with a plan, certainly, by the next session of what 13 we would do. 14 COMMISSIONER BALDWIN: Good. 15 JUDGE HENNEKE: Okay. Do we need anything 16 else at this time? 17 COMMISSIONER GRIFFIN: No. Just please read 18 through this and see if there's anything that you think 19 we've missed or ought to include or take out or whatever. 20 JUDGE HENNEKE: Very good. Next item is Item 21 Number 30, consider and discuss the date and format for 22 workshop on O.S.S.F. technical and regulatory issues. 23 Commissioner Griffin? 24 COMMISSIONER GRIFFIN: Yes. This is a 25 follow-up to an abortive attempt last session to -- to try 162 1 to zero in on some technical and regulatory discussion. 2 And, even though things are proceeding along with the new 3 rule, and -- and our contact with U.G.R.A. is still open, 4 we're talking about various things, I think we still ought 5 to have the opportunity for anybody that wants to discuss 6 technical and regulatory issues. And, as I put in the note, 7 I think that the -- that the topic and the way this should 8 be read or should be announced and posted is that it is for 9 technical and regulatory discussions, not a rehash of the 10 current rule. Not a rehash on how we got where we are, but 11 how the septic systems work, what are the options, what is 12 the data that relates to O.S.S.F. and what's in the 13 literature. Not -- again, I say not as a rehash, but if 14 anybody wants to try to convince us that the data indicates 15 something, then let them have a shot. And, I want -- I'd be 16 glad to hear any arguments that anyone has, public or -- or 17 those in the business or whatever. 18 And, I'm thinking that unless we had a very 19 short court session -- you know, we had a short court 20 session for this workshop, that we might want to schedule it 21 to a day that's not a court date. But, I -- whatever you 22 think. I guess -- I would guess that we probably ought to 23 have as much as an hour and a half, two hours available. 24 COMMISSIONER BALDWIN: It takes about 45 25 minutes for Charlie to get his camera set up. 163 1 COMMISSIONER GRIFFIN: Yeah. So, what's the 2 feeling? Do we do that maybe -- do you want to do it with 3 the court date, maybe make it for 2 o'clock in the 4 afternoon? Or -- 5 JUDGE HENNEKE: I'm generally here, so it 6 doesn't matter. 7 COMMISSIONER LETZ: Oh, I'd probably rather 8 do it -- I mean, it's hard -- court days are running pretty 9 long. I can get pretty brain-dead by 2:00, 3'o'clock. It's 10 probably better to do it on a separate day, I think. 11 COMMISSIONER GRIFFIN: What about if we do it 12 at 10 o'clock in the morning on a separate day? Then we 13 sort of have a natural stopping point in case we get 14 long-winded. 15 COMMISSIONER LETZ: I like that. 16 COMMISSIONER GRIFFIN: So, how about 10 17 o'clock on -- I don't have a calendar with me. 18 COMMISSIONER BALDWIN: I have one. 19 COMMISSIONER GRIFFIN: Okay. And, this has 20 to be announced two weeks in advance? 21 JUDGE HENNEKE: No, we can set it whenever we 22 want to; we just have to give 72 hours. We can have it a 23 week from today. 24 COMMISSIONER BALDWIN: A week from today is 25 good. That is February 19th. 164 1 COMMISSIONER LETZ: That's a holiday. 2 COMMISSIONER BALDWIN: That's a holiday. 3 It's President's Day. 4 COMMISSIONER GRIFFIN: We probably -- 5 JUDGE HENNEKE: That's a good day. 6 COMMISSIONER BALDWIN: That's a good day. 7 What about Tuesday? 8 COMMISSIONER GRIFFIN: Tuesday, the 20th? 9 JUDGE HENNEKE: I won't be available, but 10 that -- 11 COMMISSIONER LETZ: No, you get to be here 12 Tuesdays. 13 JUDGE HENNEKE: I've got to go to the State 14 Hospital Tuesday. 15 COMMISSIONER GRIFFIN: How about Wednesday, 16 the 21st? Is the courtroom in use? 17 JUDGE HENNEKE: Buster won't be here. 18 COMMISSIONER BALDWIN: I'm out of town. 19 COMMISSIONER GRIFFIN: On the 21st? 20 COMMISSIONER BALDWIN: 21st and 22nd both. 21 The morning of the 22nd. I'll be here for the grand 22 opening, courthouse grand opening. 23 COMMISSIONER GRIFFIN: Right. So -- 24 COMMISSIONER WILLIAMS: Why not the 22nd? 25 We're here. 165 1 COMMISSIONER LETZ: He won't be here. 2 COMMISSIONER BALDWIN: I'm not going to be 3 here, but you're welcome to do it. 4 COMMISSIONER WILLIAMS: Aren't you going to 5 be here for the open house? 6 COMMISSIONER BALDWIN: Yeah, but I won't be 7 here in the morning. 8 COMMISSIONER WILLIAMS: Oh, I'm sorry. 9 COMMISSIONER GRIFFIN: We could do it Tuesday 10 after the court session. 11 COMMISSIONER LETZ: 27th? 12 COMMISSIONER GRIFFIN: 27th. 13 MS. NEMEC: That Monday's a late court 14 session. 15 JUDGE HENNEKE: The 26th is our evening 16 meeting. 17 COMMISSIONER WILLIAMS: 4:30? You've got a 18 natural stopping point before it starts at 6:30. 19 COMMISSIONER GRIFFIN: Okay. How about that 20 Wednesday? 21 JUDGE HENNEKE: The 28th? 22 COMMISSIONER GRIFFIN: 28th. 10 o'clock? 23 COMMISSIONER BALDWIN: Oh, that's Ash 24 Wednesday. Lent begins. 25 COMMISSIONER WILLIAMS: That's my wedding 166 1 anniversary. I can't talk septic on my wedding anniversary. 2 COMMISSIONER GRIFFIN: Do we have to 3 determine that date today? 4 JUDGE HENNEKE: We have to have a date so we 5 can post it. 6 COMMISSIONER GRIFFIN: Yeah, I know. But, I 7 mean, do we -- 8 COMMISSIONER LETZ: Why can't we do it -- the 9 26th is our next court date. It's an evening meeting. Why 10 don't we do it that way? 11 COMMISSIONER BALDWIN: Late afternoon? 12 COMMISSIONER WILLIAMS: That's what I said. 13 4:30? 14 COMMISSIONER GRIFFIN: Okay. Do it at 4 15 o'clock? 16 JUDGE HENNEKE: At 4:30? 17 COMMISSIONER LETZ: At 4 o'clock. 18 COMMISSIONER GRIFFIN: 4 o'clock. 19 COMMISSIONER BALDWIN: I like it. 20 COMMISSIONER GRIFFIN: I like it. 21 JUDGE HENNEKE: Do we have a motion to that 22 effect? 23 COMMISSIONER GRIFFIN: You have a motion. 24 COMMISSIONER LETZ: Second. 25 JUDGE HENNEKE: Motion made by Commissioner 167 1 Griffin, second by Commissioner Letz, that the Court set a 2 workshop on O.S.S.F. technical and regulatory issues for 3 Monday, February 26th, Year 2001, at 4 o'clock p.m. in the 4 Kerr County Commissioners' Courtroom. 5 COMMISSIONER GRIFFIN: Two and a half hours 6 ought to be plenty. 7 MS. SOVIL: What time? 8 JUDGE HENNEKE: 4 o'clock. 9 COMMISSIONER GRIFFIN: 4 o'clock. 10 JUDGE HENNEKE: Any questions or comments? 11 If not, all in favor, raise your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE HENNEKE: All opposed, same sign. 14 (No response.) 15 JUDGE HENNEKE: Motion carries. 16 COMMISSIONER LETZ: Judge, can we revisit 17 2.31 just for a second? 'Cause I started -- we made our -- 18 several comments about where would you put up all this new 19 stuff we're getting, and it was kind of left. But, I think 20 that's pretty important, and I think we haven't a whole lot 21 of time to figure out where to put this stuff, considering 22 we're not going to meet again. And, I'm just wondering -- I 23 mean, it wasn't -- has not been resolved with the Western 24 print deal or, for that matter, until recently with the 25 other ones. But, what is the plan on how we're going to 168 1 decide where these go? And who's going to decide, and -- 2 JUDGE HENNEKE: Well, my plan was to appoint 3 an informal working subcommittee of Jannett Pieper, Barbara 4 Nemec, and Thea Sovil and let them decide where to hang the 5 Western prints. 6 COMMISSIONER BALDWIN: You left out the 7 County Attorney. How about you folks? 8 JUDGE HENNEKE: I think he disqualified 9 himself based on no artistic ability. 10 MS. NEMEC: We'll do a good job. 11 JUDGE HENNEKE: That's what I was going to 12 do. Do you want to be in charge of it? 13 COMMISSIONER LETZ: No, no, no, I don't want 14 to be in charge. 15 COMMISSIONER GRIFFIN: You can run that. If 16 you want to run that committee, you can do it. 17 COMMISSIONER LETZ: But, they're also going 18 to, I guess, look at what's up right now and decide what's 19 going elsewhere? 20 JUDGE HENNEKE: That's right. I mean, give 21 them pretty much broad -- broad discretion as far as working 22 with what's here. I think if any of us have any strong 23 feelings about things that are currently up that need to 24 be -- 25 MS. NEMEC: Should one Commissioner be on 169 1 this committee? 2 COMMISSIONER LETZ: No. 3 COMMISSIONER BALDWIN: Yeah, Jon. I agree. 4 COMMISSIONER GRIFFIN: We just got a 5 volunteer. 6 MS. NEMEC: Okay. Then we don't want to hear 7 it. 8 COMMISSIONER LETZ: Is that painting going? 9 JUDGE HENNEKE: I'll be -- the bottom one? 10 COMMISSIONER LETZ: The bottom one. 11 COMMISSIONER WILLIAMS: I agree with that. 12 COMMISSIONER LETZ: We need to keep it, 13 remember what that thing used to look like. 14 JUDGE HENNEKE: I'll be -- agree to be the 15 informal liaison. 16 MS. PIEPER: If that goes, can I have it in 17 my office? 18 COMMISSIONER WILLIAMS: Sure. Point out 19 where your office is. 20 MS. NEMEC: What else is going? Is that one 21 going? 22 JUDGE HENNEKE: The top where the -- 23 COMMISSIONER BALDWIN: See the drawing right 24 above that painting back there? The old, old courthouse? 25 That's 1913 or something, isn't it, Thea? 170 1 JUDGE HENNEKE: I think it's the mirror image 2 of the one that's on the wall over here. 3 COMMISSIONER BALDWIN: Is it 1927? That's 4 the only thing in there I can see to stay. 5 JUDGE HENNEKE: I think this old map probably 6 would stay, but it should be redone. That's a -- 7 COMMISSIONER GRIFFIN: Yeah, it's going to 8 deteriorate badly if it's not fixed up. 9 JUDGE HENNEKE: Other than that, I think most 10 of the rest of it can find a new home. 11 COMMISSIONER BALDWIN: I agree. 12 COMMISSIONER WILLIAMS: I'm going to stick my 13 neck out, since I'm the one that got the prints from Cowboy 14 Artists Museum. I'll work with the ladies. 15 JUDGE HENNEKE: Okay. Commissioner Williams 16 has volunteered to be the Court's representative. 17 COMMISSIONER WILLIAMS: I'm like Barbara. I 18 don't want to hear it after it's hung. 19 JUDGE HENNEKE: Okay. We'll consider that 20 one done. 21 COMMISSIONER BALDWIN: Is that all? 22 COMMISSIONER LETZ: That was the only 23 question I had, just about how it was going to, you know -- 24 COMMISSIONER WILLIAMS: I agree with you 25 about that one. 171 1 COMMISSIONER LETZ: Now I know who the 2 committee is, so I can lobby one-on-one if I have any 3 problems. 4 JUDGE HENNEKE: Rest assured, the County 5 Judge is not brave enough to make that decision on his own. 6 Okay. Item Number 32, consider and discuss authorizing each 7 Commissioner and the County Judge to appoint one high school 8 student to the Citizens Advisory Committee on Redistricting. 9 This came up as a result of my conversations with people 10 about their interest in being on the committee. It is a 11 unique opportunity, something that's done only once every 10 12 years, as we all know. I think I put in my explanatory 13 materials, I'm kind of loathe to expand the committee, but 14 at the same time, to me, it is a unique way to reach out to 15 the next generation of voters and citizens and provide them 16 with an opportunity to be involved in something that's going 17 on at the county level. Any thoughts or comments? 18 COMMISSIONER LETZ: Always have thoughts, 19 Judge. 20 JUDGE HENNEKE: I'm glad. It's not a vacuum. 21 COMMISSIONER LETZ: Overall, I mean, I like 22 the idea of getting youth involved. I don't like the idea 23 of having them on the committee. I think a lot of them that 24 I would recommend -- at least that I would choose are so 25 busy already because of their -- I mean, they're already the 172 1 young leaders in the -- you know, in the community or in the 2 schools, that even something else to do -- I just think it's 3 a burden to them. They're already stretched pretty thin. 4 But I would like -- but I would like to get students 5 involved. I was thinking, how about if we had a government 6 class or something in which more kids come down and kind of 7 participate, but listen to how it's going for one or two of 8 the workshops we have? And invite, you know, a group of 9 students to -- as opposed to just picking out five. 10 COMMISSIONER GRIFFIN: For the redistricting 11 workshops? 12 COMMISSIONER LETZ: Yeah, just have them pick 13 one. I'm sure we're going to have one where we kind of -- 14 hopefully, someone's going to explain to us the whole 15 process. 16 COMMISSIONER WILLIAMS: I hope so. 17 COMMISSIONER LETZ: And be real -- you know, 18 we could get a large -- one of the district courtrooms; 19 there's a larger area. We could have, you know, a 20 government class come and listen to that presentation. I 21 think they'd learn a lot. 22 JUDGE HENNEKE: That's not a bad idea. I 23 mean, I -- it's actually a bit more cumbersome than the idea 24 of just putting -- but the two aren't mutually exclusive. 25 COMMISSIONER LETZ: Right. 173 1 JUDGE HENNEKE: We can -- each of us can 2 choose someone, and at the same time, we can extend an 3 invitation to all the government or Texas History classes in 4 the county as to a specific day, which I think would be in 5 April, and invite them to come -- to come as part of that. 6 The conversation I had was that, gee, why don't you get -- 7 why don't you pick someone to be on it from students, but I 8 don't think the two are mutually exclusive. 9 COMMISSIONER LETZ: Right. 10 COMMISSIONER BALDWIN: I think it's an 11 excellent idea, and I agree with everything that's been 12 said. I just -- I'm looking, Jon -- the first person that 13 popped in my mind is a leadership-type person up at Tivy. 14 Man, I don't know if I could ask him to put in another hour. 15 You know, there's just -- they're extremely busy. And 16 that's my only -- that's my only concern. Of course, busy 17 people are the ones that get things done; I understand that, 18 but we're talking about high school kids. And -- 19 JUDGE HENNEKE: They're the ones who benefit 20 from the -- from the program, the ones who are willing to 21 commit the time. 22 COMMISSIONER BALDWIN: Yeah. 23 COMMISSIONER LETZ: Work around our baseball 24 season. 25 COMMISSIONER GRIFFIN: Would we try to make 174 1 sure we covered all of the high schools? And I think we 2 should make sure -- 3 JUDGE HENNEKE: I would think -- 4 COMMISSIONER GRIFFIN: -- we come up with an 5 Ingram and -- 6 COMMISSIONER BALDWIN: Ingram, Center Point, 7 and Kerrville. 8 COMMISSIONER LETZ: Comfort. 9 COMMISSIONER BALDWIN: Comfort is not in this 10 county. 11 COMMISSIONER GRIFFIN: We can help out those 12 folks, though. We -- 13 JUDGE HENNEKE: We don't mind. 14 COMMISSIONER GRIFFIN: We could help them 15 out. 16 COMMISSIONER WILLIAMS: I think it's a good 17 idea. I don't know whether we should have that individual 18 young person come from a government or a political science 19 class, or just from the student bodies at large. I don't 20 know, but I think it's a good idea. 21 COMMISSIONER GRIFFIN: I know what I'm going 22 to do if we do this. I'm going to call the principal. The 23 principal can probably figure it out. 24 COMMISSIONER BALDWIN: Select someone. 25 COMMISSIONER GRIFFIN: An appropriate student 175 1 or, you know, counsel or whatever, get it down to some level 2 where it can be done that way. 3 JUDGE HENNEKE: Let's ask Ms. Lavender, from 4 her previous experience, whether she thinks that -- that 5 we'd get any response if we invited the government classes 6 to attend some of the public forums. 7 COMMISSIONER BALDWIN: Get every word. Every 8 word. 9 MS. LAVENDER: I don't know. I don't have 10 any idea. As a teacher, probably I would not, because I 11 don't know that it would be interesting for the kids. The 12 idea of selecting one kid like you were talking about, it's 13 going to be the same kids; they get selected to do 14 everything else, and those are the same kids that in the 15 spring are out with so much other things and have to worry 16 about absences. I think you want to talk to the principals 17 of your high schools about it before you make a decision to 18 do it, because if the kid's just looking at it as a day out 19 of school, they're not going to be of any value to you as an 20 additional part of it, and they would tend to socialize 21 rather than be a part of. And, if they don't understand the 22 process before they get here -- and that's not really 23 something that's big in the curriculum. 24 COMMISSIONER LETZ: Good -- all those are 25 good points. Plus, also, I mean, these are pretty much -- 176 1 they're pretty regimented in their lessons and all that. To 2 try to throw out a date might be difficult to bring the 3 classes. 4 MS. LAVENDER: You might have a better chance 5 having a whole class come down ahead of time. If the 6 teacher knew it and did the planning ahead so the kids knew 7 what they're going to see, then it might be a good deal. 8 But, just to pick a kid from a high school to come and sit 9 in two sessions without background on it, I don't know -- 10 I'm not sure how much of a learning experience it would be 11 for the kid. I'm not sure what kind of distraction they 12 would be to an adult that's not used to working with them. 13 COMMISSIONER BALDWIN: And we definitely 14 shouldn't expect them to have input to us. I mean, it -- my 15 view of the thing would be to be an education for them. 16 JUDGE HENNEKE: Exactly my point. 17 COMMISSIONER BALDWIN: So they can -- 18 JUDGE HENNEKE: We'll certainly take their 19 input. But the idea is, you take young leaders and get them 20 involved in the process early, and that tends to keep them 21 involved in the process throughout their careers. 22 COMMISSIONER BALDWIN: And give Republican 23 literature on the way out. 24 COMMISSIONER WILLIAMS: Would there be any 25 value in working through the principal, which is someone 177 1 else Larry noted, by just extending an invitation through 2 the principal to government or political science classes for 3 any that are interested to come monitor the process? The 4 workshops are open. 5 MS. LAVENDER: How many times are you talking 6 about? 7 COMMISSIONER WILLIAMS: I have no idea. 8 JUDGE HENNEKE: Three to four, max. 9 MS. LAVENDER: See, there's the issue of them 10 being out of school. 11 JUDGE HENNEKE: They won't necessarily be in 12 the daytime. 13 COMMISSIONER GRIFFIN: Yeah, some of these 14 will probably be -- 15 JUDGE HENNEKE: Many people that we've asked 16 to be on the committee also have commitments during the 17 daytime; they have jobs and everything, so we may very well 18 do this, you know, to a certain extent in the evening. 19 MS. LAVENDER: Just -- 20 COMMISSIONER LETZ: I think what she's trying 21 to tell us is that we're pretty boring. 22 MS. LAVENDER: Put that in the record. 23 COMMISSIONER LETZ: I think it's probably a 24 good idea. You know, why don't we -- we have time, I think. 25 Why not, you know, each of us talk to the principals in our 178 1 areas and see if there's an interest on their side? I mean, 2 that's probably a real good first step to see what they 3 would like to do. 4 COMMISSIONER GRIFFIN: We can certainly 5 extend the invitation, anyway. 6 JUDGE HENNEKE: Well, the concepts that are 7 being discussed are not mutually exclusive. If we can find 8 a kid who's really interested, who wants to do this, fine. 9 Appoint them to the committee, and at the same time, go out 10 to the schools and say, "We're doing this. This is a unique 11 experience and only happens once every 10 years. How would 12 you -- would this be something that your students would be 13 interested in participating in in some way or another?" And 14 then let them respond to us as to whether or not this is 15 something that they're -- that the school and the students 16 would find meaningful. We could do it on a two -- 17 two-track. 18 COMMISSIONER LETZ: And the other thing is, 19 up in the -- I know there's a Young Republicans Club that 20 does this type of thing. I mean, I know they were -- 21 because when we were out at the County Fair, they manned -- 22 helped man the -- what booth was that? Republican Party 23 booth, I guess. They were at that booth helping them out. 24 COMMISSIONER BALDWIN: Those were Schreiner 25 College students. 179 1 COMMISSIONER GRIFFIN: And Democrats, too. 2 Let the record reflect we'd invite the Democrats, too. 3 COMMISSIONER LETZ: There are some kids that 4 are very active, interested in politics. There's two young 5 men out there that, you know, were sincerely interested in 6 the process. 7 JUDGE HENNEKE: Where do we go? Do we want 8 to give each of us the ability to appoint someone? 9 COMMISSIONER GRIFFIN: Sure. If it turns out 10 that the principal says, "Hey, I don't think it's a good 11 idea," we can go back to -- opt it out. And -- but we still 12 -- still give the invitation down the other track. I'd be 13 glad to send a letter to the principal of Ingram -- Tom 14 Moore and say, you know, session's going to be on 15 such-and-such, and invite any of your students that may be 16 interested to attend, blah, blah, blah. That's the other 17 track, see if he -- he or she's got -- or if he or she would 18 like to actually participate as officially being on the 19 committee, though really in an absorption/learning mode, not 20 so much for input. If they have one, then they may. 21 COMMISSIONER LETZ: I don't have any problem 22 talking with, I mean, Comfort or Tivy also, asking them the 23 same thing. But, I mean, with the -- Tivy comes to mind 24 because there's -- it falls pretty much within all our 25 precincts. So, we're just going to have one of us contact 180 1 Tivy? Or -- 2 JUDGE HENNEKE: Well, and the proposal is 3 that each of us have the ability to appoint a young person 4 to the committee. You know, we've got an idea that most of 5 the people with high schools in their precinct would 6 probably go to a high school. 7 COMMISSIONER GRIFFIN: Yeah. You may go ask 8 if you -- I may go talk to Ingram High School; could be that 9 there's a number of students that are really interested in 10 doing that, and we can get together. And, if you happen to 11 find no interest, then maybe two of them could come from 12 Ingram, or two from Tivy. But, it -- I think the idea that 13 each member of the Court could have one, at least, and then 14 if there's something that we've got enough room, somebody 15 can't find somebody that wants to do it, then -- 16 COMMISSIONER WILLIAMS: I kind of agree with 17 that. I've got one young person in mind in Center Point 18 school, but I would ask the superintendent or the principal, 19 and he may have other suggestions of persons who would be 20 more interested in what I am -- 21 COMMISSIONER GRIFFIN: Hey, as one who has 22 evaluated many applications to various colleges, 23 universities, and particularly to academies -- service 24 academies, you can put -- if you could put on your last 25 thing before it goes into the service academies that you 181 1 were a part of the Kerr County Redistricting Committee -- 2 advisory committee or whatever we call it -- that's a good 3 little thing to have on your resume. There may be some 4 young people out there that would love to do it for that 5 reason, if none other, and they'll be bright and energetic, 6 just to get it on their resume. It might be a highly 7 successful thing. Probably not -- won't hurt anything to 8 try it. 9 COMMISSIONER LETZ: I'm just saying with 10 Tivy, I think that it is better if only -- I mean, I don't 11 think the principal needs three of us calling him asking for 12 the same thing, but probably wording it differently. I 13 think it may be confusing to him. I'm saying one of us 14 should contact Tivy. 15 COMMISSIONER WILLIAMS: I'll contact Center 16 Point, so that takes me out of the construction. 17 COMMISSIONER BALDWIN: Call him, Jon. 18 COMMISSIONER LETZ: Okay. 19 COMMISSIONER BALDWIN: You win. 20 COMMISSIONER LETZ: It's still in my 21 precinct. 22 COMMISSIONER BALDWIN: Tivy High School is in 23 your precinct? 24 COMMISSIONER LETZ: The new end. 25 COMMISSIONER BALDWIN: The new one? 182 1 COMMISSIONER LETZ: Both of them. 2 COMMISSIONER GRIFFIN: Fistfight. 3 COMMISSIONER BALDWIN: I graduated from Tivy. 4 COMMISSIONER LETZ: You want to redraw the 5 lines now? 6 COMMISSIONER BALDWIN: Yeah. We're getting 7 down to some line-drawing now, buddy. 8 COMMISSIONER GRIFFIN: Do we need a motion or 9 anything for this, or just do it? 10 JUDGE HENNEKE: Well, if we're going to let 11 each Commissioner appoint somebody, we need a motion. 12 COMMISSIONER GRIFFIN: That's right. 13 JUDGE HENNEKE: If we want to contact 14 principals -- although I think when the school decides -- if 15 Tivy -- the principal may or may not know all the kids who 16 would be interested. 17 COMMISSIONER LETZ: I'll call Steve and tell 18 him that one or more of their students may be asked to 19 participate in this, so he'll know what's going on. If he 20 has any recommendations, I'll pass it on to you and Buster. 21 How about that? 22 JUDGE HENNEKE: Great. 23 COMMISSIONER GRIFFIN: I'll make a motion, 24 then, that we authorize each member of the Court to appoint 25 one high school student as a member, through whatever 183 1 process is appropriate. And that's it. 2 JUDGE HENNEKE: I have a motion. Do we have 3 a second? 4 COMMISSIONER WILLIAMS: Second. 5 JUDGE HENNEKE: Moved by Commissioner 6 Griffin, seconded by Commissioner Williams, that the Court 7 authorize each Commissioner and the County Judge to appoint 8 one high school student to the Citizens Advisory Committee 9 on Redistricting. Any comments or questions? If not, all 10 in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. And, last 15 but not least, Item Number 33, consider and discuss the 16 unveiling of the cannon, tour District Courts, District 17 Clerk's office, Commissioners' Courtroom on February 22nd, 18 2001, at 1:30 p.m., with refreshments outside of 19 Commissioners' Courtroom. Commissioner Baldwin is going to 20 bring refreshments for all of us. 21 COMMISSIONER BALDWIN: Well, I just want to 22 go over with you what -- what we had talked about. 23 Commissioner Williams and I visited a couple of times about 24 it, and as you know, on February 22nd -- that would be 25 George Washington's birthday -- we will have the function 184 1 here on the courthouse square, and we're going to be 2 beginning at 1:30 p.m. And, before going any further, I 3 would think -- I would like to have a completion time, 4 actually. Begin at 1:30, and we're going to start with the 5 unveiling of the cannon. And, I assume that it would be 6 anchored down and all that at that time. 7 COMMISSIONER LETZ: Going to shoot it. 8 COMMISSIONER BALDWIN: Hopefully. 9 MS. NEMEC: Where do you -- 10 COMMISSIONER WILLIAMS: Make sure that the 11 windows upstairs don't fall out. 12 COMMISSIONER BALDWIN: And so we'll do the 13 unveiling, and I guess Mr. Bocock will be here to make -- 14 make -- give a talk and a little history about the cannon, 15 and we need to be there to say thank you to him. And then 16 we will go -- come to the courthouse and go upstairs to the 17 district -- district courtrooms for tours up there, with the 18 two judges and their staff. And, from that point, we want 19 to come across and tour the new District Clerk's offices, 20 which if y'all haven't been up there, you need to go see 21 that. I am really big-time impressed with that. And, while 22 everyone is up there, what we want to do is set up some 23 tables right out here in the hallway with some cookies and 24 coffee, maybe a punchbowl or something, I don't know. And 25 -- and then, as they complete their little tour of the 185 1 district courtroom, we're going to bring them back down into 2 this courtroom to look at this artwork that you guys are 3 going to have up by that time. And -- 4 JUDGE HENNEKE: Well, that's good. 5 COMMISSIONER BALDWIN: And, at that time, 6 we'll -- we'll herd them out and let them pick up a cookie 7 and a cup of coffee and show them where the front door is, 8 and gently urge them on about their way. 9 COMMISSIONER GRIFFIN: Is this more in the 10 nature of a tour or an open house? 11 COMMISSIONER BALDWIN: It's an open house, 12 but we want to kind of keep them together so Judge Ables 13 upstairs -- Judge Ables can talk and answer some questions. 14 You know, kind of a -- just kind of groups or, you know, 15 kind of keep them as close together as we possibly can. I 16 have not a clue of how many is going to be here. 17 COMMISSIONER LETZ: It might be helpful to 18 have a schedule, just so people can show up where they want. 19 I mean, it's going to be hard to get people moving through a 20 big group if you have, like, a -- what time is this thing 21 starting? 22 COMMISSIONER BALDWIN: 1:30. 23 COMMISSIONER LETZ: Okay, 1:30 outside. Then 24 say, you know, 2 o'clock up in the district courtroom, and 25 then -- you know, just something so that -- 186 1 COMMISSIONER BALDWIN: We can do that. 2 COMMISSIONER LETZ: Just may facilitate 3 people getting from here to there. 4 COMMISSIONER BALDWIN: We can do that. 5 JUDGE HENNEKE: We can have a ribbon-cutting 6 thing upstairs. Is anyone going to say anything? 7 COMMISSIONER BALDWIN: I don't know about 8 that. 9 COMMISSIONER GRIFFIN: Grip and grin pictures 10 and the whole thing? 11 JUDGE HENNEKE: Is the plaque going to be 12 ready? 13 COMMISSIONER WILLIAMS: For outside? 14 JUDGE HENNEKE: No, the one on the court -- 15 the annex. 16 COMMISSIONER BALDWIN: Who does that, Mike 17 Walker? Is that a Mike Walker function? 18 COMMISSIONER WILLIAMS: Longnecker had it. 19 JUDGE HENNEKE: Walker or Longnecker. 20 COMMISSIONER LETZ: We can do a 21 ribbon-cutting, I think, up in the crosswalk between the two 22 structures. You can put a ribbon across there, have people 23 -- I mean, there's a lot of space; people have room to cut, 24 showcase that area. 25 COMMISSIONER WILLIAMS: I know that Mr. 187 1 Bocock has ordered a plaque for outside that reflects the 2 Court's order accepting as to whom it's dedicated to, and 3 I'll give him a call, see if that's going to be ready. So, 4 we can ask Mr. Holekamp to post it or something. 5 COMMISSIONER BALDWIN: That was just an idea. 6 I mean, it's just an idea; there's nothing in concrete here. 7 It's a -- this is a living document. 8 COMMISSIONER WILLIAMS: It's a work in 9 progress. 10 COMMISSIONER BALDWIN: It's a work in 11 progress. 12 COMMISSIONER LETZ: If we have a 13 ribbon-cutting, we probably -- I mean, we need to get a 14 little bit of planning as to who's going to cut the ribbon 15 and all that type of stuff. 16 COMMISSIONER BALDWIN: Is that -- is that -- 17 COMMISSIONER LETZ: So we can -- I would 18 think the County Judge. 19 COMMISSIONER BALDWIN: You're going to get 20 the ribbon? Is that what you're saying? 21 COMMISSIONER LETZ: No. I'm saying -- 22 JUDGE HENNEKE: Cut it. 23 COMMISSIONER LETZ: -- give him the scissors. 24 (Discussion off the record.) 25 COMMISSIONER BALDWIN: That's what I was 188 1 going to suggest, is getting the Chamber of Commerce 2 involved, 'cause they do that stuff every day. 3 COMMISSIONER LETZ: Yeah, they cut ribbons 4 all the time. 5 COMMISSIONER WILLIAMS: They've got the big 6 shears. 7 COMMISSIONER BALDWIN: Do you want me to -- 8 COMMISSIONER GRIFFIN: That's a good idea, 9 'cause the Chamber will also publicize that well through 10 their members. 11 COMMISSIONER WILLIAMS: All a work in 12 progress. 13 JUDGE HENNEKE: We have a -- 14 MS. LAVENDER: Can I make a suggestion? Get 15 people dressed up and have little, small tour groups and 16 tell them the history of the courthouse in, like, groups of 17 15 or so, and then you could have them leave at, you know, 18 3-minute intervals. 19 COMMISSIONER WILLIAMS: Do you have some 20 suggestion of who the docents will be? 21 MS. LAVENDER: Yeah. Your people that work 22 here. 23 COMMISSIONER BALDWIN: Well, I'm not a docent 24 coordinator, I can tell you that. I know where the front 25 door is, and that's the end. 189 1 MS. LAVENDER: Authentic costumes. 2 AUDIENCE: You can be that docent, then. 3 MS. LAVENDER: Have a little script for them. 4 JUDGE HENNEKE: My suggestion is that we have 5 the cannon dedication at 1:30, ribbon-cutting at 2:00, 6 followed by tours of the district courts and District 7 Clerk's office and Commissioners' Courtroom, period. 8 COMMISSIONER LETZ: We could probably, I bet, 9 ask the Historical Commission to conduct those tours. 10 General Schellhase. 11 COMMISSIONER BALDWIN: Would you do that? 12 COMMISSIONER WILLIAMS: Historical 13 Commission, there you go. 14 COMMISSIONER BALDWIN: Would you do that? 15 COMMISSIONER WILLIAMS: What? 16 COMMISSIONER LETZ: Call General Schellhase. 17 COMMISSIONER WILLIAMS: I'll call him. 18 COMMISSIONER LETZ: They probably have more 19 knowledge. 20 COMMISSIONER WILLIAMS: I think they may. 21 MS. NEMEC: Your 30-minute reception just 22 turned into two hours, Buster. 23 COMMISSIONER WILLIAMS: What we haven't 24 talked about is, what happens with the guy who drifts in 25 here at 4 o'clock and wants the whole thing done again? 190 1 COMMISSIONER LETZ: Sorry. 2 MS. NEMEC: Commissioner, do you need us to 3 bring anything? 4 MS. SOVIL: This is the invitation to the 5 courthouse. 6 JUDGE HENNEKE: Okay. Anything else we need 7 to talk about on that one? 8 COMMISSIONER BALDWIN: No, other than -- I'm 9 glad you brought that up. I have -- Thea has put together a 10 little letter for me to take around to all the elected 11 officials that -- no, not that one -- to ask them to provide 12 some baked goods. So, if you guys want chocolate chip 13 cookies, you have to talk to them about that. 14 MS. NEMEC: They're elected officials, too. 15 COMMISSIONER BALDWIN: Well, hopefully we'll 16 -- I've already talked to Commissioner Letz about bringing 17 some. 18 COMMISSIONER WILLIAMS: I'll see if I can get 19 Ms. Lou to make up a batch. 20 COMMISSIONER BALDWIN: See? Here's a couple 21 of dozen. 22 COMMISSIONER GRIFFIN: I got a chocolate 23 heart in there that I'll donate, 'cause Jonathan gave his to 24 me. I ate mine. 25 COMMISSIONER BALDWIN: So, that's all. 191 1 JUDGE HENNEKE: Anything else? If there's 2 nothing else to come before us, we stand adjourned. 3 (Commissioners Court adjourned at 2:20 p.m.) 4 - - - - - - - - - - 5 6 7 8 9 STATE OF TEXAS | 10 COUNTY OF KERR | 11 The above and foregoing is a true and complete 12 transcription of my stenotype notes taken in my capacity as 13 County Clerk of the Commissioners Court of Kerr County, 14 Texas, at the time and place heretofore set forth. 15 DATED at Kerrville, Texas, this 21st day of February, 16 2001. 17 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25