1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, May 14, 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 May 14, 2001 PAGE 2 Consideration Agenda 2.1 Presentation of Workplace Safety Award 22 3 2.2 Introduce new EMS Coordinator, Kyle Young 24 2.3 Amend Kerr County OSSF Order regarding property 4 transfer inspections and procedures 26 2.4 Appointment of Stuart Barron as OSSF Designated 5 Representative & Floodplain Administrator 34 2.5 Appoint Sharon Keith to EMS Advisory Board 37 6 2.6 Application to NRA Foundation Grant Program 39 2.7 Discuss Motorola's request to extend deadline for 7 RFP's for communication system to July 25, 2001 41 2.8 Adopt S.O. Policy & Procedures manual 47 8 2.9 Printing of 100 copies of S.O. Policy/Procedures manual and binders for each 51 9 2.12 Open bids for Kerr County depository 59 2.14 PUBLIC HEARING - Abandoning, discontinuing, and 10 vacating Treiber Trail in Japonica Hills 62 2.15 Abandoning, discontinuing and vacating Treiber 11 Trail in Japonica Hills 63 2.16 PUBLIC HEARING - Abandoning, discontinuing, and 12 vacating Verde Mesa Drive E. in Vista Ridge 65 2.17 Abandoning, discontinuing and vacating Verde 13 Mesa Drive E. in Vista Ridge 66 2.10 Contract with Animal Control for transportation 14 and housing of estray animals 67 2.11 Appointment of Code Enforcement Officer 72 15 2.18 Advertisement of public hearing to eliminate duplicate road names for county-maintained roads 74 16 2.19 Approve name changes for duplicate road names for privately-maintained roads 77 17 2.20 Final plat, Shonto Ranch Estates 79 2.21 Concept plan, Hutte Acres 80 18 2.22 Prelim. revision of plat, Lots 97, 98, 100, 101, 117B, 117C, 117D, 119C & 119D, Falling Water 84 19 2.23 Prelim. plat, Cypress Springs Estates, Phase II 90 2.24 Prelim. revision, Lots 1, 17, 18 19, 21, 22, 44, 20 & Common Area, Cypress Springs Estates, Phase I 99 2.13 Award/reject bids for Kerr County Depository 103 21 2.25 Keith Longnecker's proposal for architectural services to finish out lower level of courthouse 106 22 2.26 Supporting House Bill 1445, authorize County Judge to write letter to the State 125 23 2.27 Change date of first July meeting to July 6th 128 2.28 Allocation of office space for systems support 24 & Information Systems Support Specialist 129 2.29 County funding of placement of 2 portable toilets 25 at Lake Ingram Dam from May 25 - Sept. 4, 2001 145 2.30 Approval of Hermann Sons Bridge funding agreement 148 3 1 On Monday, May 14, 2001, a regular meeting of the Kerr 2 County Commissioners Court was held in the Commissioners' 3 Courtroom, Kerr County Courthouse, Kerrville, Texas, and the 4 following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning, everyone. It's 7 9 o'clock in the morning on Monday, May the 14th, Year 2001, 8 and we will call to order this regular Kerr County 9 Commissioners Court. Commissioner Griffin, I believe you're 10 in charge this morning. 11 COMMISSIONER GRIFFIN: Yes. Would you all 12 please stand? 13 (Prayer and pledge of allegiance.) 14 JUDGE HENNEKE: Thank you. At this time, any 15 citizen wishing to address the Court on an item not listed 16 on the regular agenda may come forward and do so. Is there 17 anyone in the audience who would like to address the Court 18 on an item not listed on the regular agenda? 19 (No response.) 20 JUDGE HENNEKE: Once again, is there anyone 21 on the Court who'd like to address -- in the audience who'd 22 like to address the Court on an item not listed on the 23 regular agenda? Seeing none, we'll move to the 24 Commissioners' comments, and start this morning with 25 Commissioner Griffin. 4 1 COMMISSIONER GRIFFIN: Yes. Judge, I'd like 2 to introduce to the Court and to the public the newest 3 member of the Kerr County staff, sitting in the back of the 4 courtroom, our Information Systems Support Specialist, Shaun 5 Branham. Shaun's hit the ground running, and I think has 6 already spent good time out at the Sheriff's Department 7 trying to get some things squared away with their computer. 8 SHERIFF HIERHOLZER: Going to spend a lot 9 more, too. 10 COMMISSIONER GRIFFIN: And, good to have you 11 aboard, Shaun, and I'm sure that you'll get around to 12 meeting all these folks at some point or other, because 13 they'll all have computer problems. 14 JUDGE HENNEKE: Good luck, Shaun. 15 COMMISSIONER GRIFFIN: That's it. 16 JUDGE HENNEKE: Commissioner Baldwin? 17 COMMISSIONER BALDWIN: I have no comments 18 today, sir. 19 JUDGE HENNEKE: Commissioner Williams? 20 COMMISSIONER WILLIAMS: I do. I have some 21 congratulations in order, and one of them goes to the son of 22 our court reporter, Kathy Banik, whose son Jeremy is a 23 recipient of a Cailloux Foundation grant. And, where did 24 you tell me he's going to school, Kathy, Southwest Texas? 25 And also to Lindsey Norlander of Center Point, who's a 5 1 recipient of a Griffin Foundation scholarship, four-year 2 scholarships for both those young people, which is just 3 super. The third one is to Randy Flach, gold medalist from 4 Center Point, state champion pole vaulter, 15 feet-plus. 5 Not bad. 6 COMMISSIONER BALDWIN: I saw it. He was 7 great. 8 COMMISSIONER WILLIAMS: He went over that 9 bar, didn't he? 10 COMMISSIONER BALDWIN: Way ahead of 11 everybody. 12 JUDGE HENNEKE: Very good, thank you. 13 Commissioner Letz? 14 COMMISSIONER LETZ: I have a couple. First, 15 I'd like to thank the Road and Bridge Department for the 16 engineering, lack of engineering, whatever you want to call 17 it, getting two railroad cars across the river. 18 Commissioner Williams was down there. Actually, I missed 19 the actual thing. It was taking so long to get the second 20 car in place, I had to go to TexDOT to do something else, 21 and I heard a crash and figured, "Well, either the crane's 22 in the river or the bridge is in place," and luckily the 23 bridge was in place. But, it was a -- I think TexDOT -- one 24 of their employees was there, and they summed it up by 25 saying, "There's two kinds of people in this business; 6 1 people like us that engineer and engineer and engineer" -- 2 and when we look at the price tag later on in the agenda of 3 the cost, you can see, with engineering, about $900,000 for 4 a new bridge it's going to cost. Or you have people like 5 our Road and Bridge Department which go out there and get 6 the job done. And, anyway, appreciate it. It was 7 interesting to watch it, too. Very -- very cumbersome to 8 move a railroad car across the river and get it maneuvered, 9 situated and all that, so thanks to them. Congratulations 10 to the Tivy High School softball team. They lost on the 11 second round of the playoffs, but they had a really good 12 year, and did win the first round. And, to the boys, they 13 are on a little bit of a roll right now. They won the 14 second round, and they will be facing Boerne in the 15 2-out-of-3 series starting Thursday. They'll be played 16 somewhere in San Antonio. So, anyone who has nothing to do 17 on Thursday night can watch some pretty good high school 18 baseball. I think that's it. 19 JUDGE HENNEKE: All right, very good. 20 COMMISSIONER LETZ: I do have one other. I 21 knew there was something else; I had three things. The -- 22 over the weekend, I was fortunate to participate in a 23 seminar put on by NRCS and Farm Bureau and some others. It 24 was really well-attended out at the Lion's Camp. It was 25 designed for owners of -- small acreage landowners, and 7 1 probably about 125 people attended, about half from Kerr 2 County. It was an all-day seminar, and it was very -- I'd 3 encourage NRCS to continue and Farm Bureau to continue to 4 support it. It was an outstanding seminar, a lot of really 5 good speakers, and was a good opportunity to explain to 6 people things like -- very briefly, everything from road 7 districts to private roads and you can't put gates across 8 public roads to wildlife management, and that kind of hit on 9 lots of different topics, but a very good seminar. I would 10 encourage -- hopefully they'll continue that. 11 JUDGE HENNEKE: Excellent. A couple 12 reminders. We do have this afternoon, starting at 13 2 o'clock, our sunset workshop, for those of you who are 14 concerned or interested in that. Also remind everyone that 15 our second meeting this month is on Tuesday, May 29th, 16 because of the Memorial Day holiday on Monday, May 28th, and 17 that will be an evening meeting starting at 6:30 p.m. 18 Everybody keep that in mind as you make your preparations 19 for the second meeting of this month. And, if there's 20 nothing else, let's move on and pay some bills. Tommy? 21 Does anyone have any questions or comments about the bills 22 as presented? 23 COMMISSIONER WILLIAMS: I have a couple. 24 Just for enlightenment, really. I think I know the answer 25 to this one. On Page 10, it must be a bounty, 'cause why 8 1 else would the County pay for five sets of coyote ears? 2 MR. TOMLINSON: That's what it is. 3 COMMISSIONER WILLIAMS: Okay. Just 4 doublechecking. And the other one has to do with -- on Page 5 22, under Indigent Health Care, 541, what would be the 6 purpose of N.A.D.A. Appraisal Guide under Indigent Health 7 Care? 8 MR. TOMLINSON: That's to -- to help the -- 9 the people that review requests for Indigent Health Care to 10 see if they have property and the value thereof. 11 COMMISSIONER WILLIAMS: Makes sense to me. 12 Thank you. 13 JUDGE HENNEKE: Any other questions? I have 14 one on Page 10, for the Health Department. $78 for contract 15 labor to Patty Tinney. I looked at the bill and I really 16 can't tell what that's for. And, under the -- I'm not sure 17 what we'd be paying contract labor for under the Health 18 Department. I don't know if that's Child Service Board or 19 what it is, but -- 20 MR. TOMLINSON: I'd have to look. 21 JUDGE HENNEKE: Commissioner Baldwin, I kind 22 of looked at that. Do you have any idea what that is? 23 COMMISSIONER BALDWIN: No, sir, I do not. 24 That's a good question. Here's the bills right here. 25 JUDGE HENNEKE: Here's the bill, if you want 9 1 to -- 2 COMMISSIONER BALDWIN: Oh, I'm the expert all 3 of a sudden? 4 JUDGE HENNEKE: I know you're the one 5 who's -- 6 COMMISSIONER BALDWIN: That's what it looks 7 like, Judge. 8 JUDGE HENNEKE: You kept that board going, 9 and we've had many discussions before about birthday monies 10 and clothes for -- for graduations and things like that, but 11 I don't understand the contract labor. 12 COMMISSIONER BALDWIN: I don't, either. It 13 says to cover backlog on completed cases. Maybe they -- 14 their case load -- first thing that pops into my mind, their 15 case load got so heavy they had to hire someone to come in 16 and do the backlog to clean it up. We can certainly hold it 17 and find out, if you'd like. 18 JUDGE HENNEKE: I think I'd like to get a 19 little clarification on that one. 20 COMMISSIONER BALDWIN: Okay. 21 MR. TOMLINSON: All right. 22 JUDGE HENNEKE: Any other questions or 23 comments? 24 COMMISSIONER GRIFFIN: No. I move we pay the 25 bills. 10 1 COMMISSIONER WILLIAMS: Second. 2 JUDGE HENNEKE: Motion by Commissioner 3 Griffin, second by Commissioner Williams, that we pay the 4 invoices as presented and recommended by the Auditor, with 5 the exception of 125027 in the amount of $78. Any further 6 questions or comments? If not, all in favor, raise your 7 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 Constable 13 Precinct 2. 14 MR. TOMLINSON: This is a request to transfer 15 $20.14 from Postage to Miscellaneous, and it's to pay for a 16 psychological examination for the constable. 17 COMMISSIONER WILLIAMS: A TCLEOSE 18 requirement? 19 MR. TOMLINSON: TCLEOSE requirement. 20 COMMISSIONER WILLIAMS: So moved. 21 COMMISSIONER LETZ: Second. 22 JUDGE HENNEKE: Moved by Commissioner 23 Williams, seconded by Commissioner Letz, that the Court 24 approve Budget Amendment Request Number 1 for the Constable 25 Precinct 2. Any further questions or comments? If not, all 11 1 in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Budget 6 Amendment Number 2 is for the Traffic Safety Program. 7 MR. TOMLINSON: I have a bill from Albert 8 Pierce. He's our director for training. And, in order to 9 pay him, I need a transfer of $399.08 from Operating 10 Supplies to Conferences and Dues. And I do -- I have a late 11 bill that I need a hand check for. 12 COMMISSIONER LETZ: I have a question on 13 that. The current budget was $450, and the unexpended -- I 14 mean, it's -- $450 has been spent already. 15 MR. TOMLINSON: Well, there's -- there's two 16 -- there's two people involved in this program. One is for 17 Hispanic and the other one is in English, and there's two 18 separate training issues for that. 19 COMMISSIONER GRIFFIN: We'll get this into 20 the next budget. It will -- we'll correct this so that we 21 don't have to do that, I would assume. I'm just speaking 22 rhetorically here, but -- 23 MR. TOMLINSON: I'll remind the Court that 24 this is -- this is an issue -- this is a budget that's 25 self-funded. It's not a -- a tax thing. 12 1 COMMISSIONER GRIFFIN: Yeah. My comment's a 2 technical one, that if we can put it in the budget that 3 there will be two of these and all that, then we won't have 4 to do a budget amendment. 5 COMMISSIONER LETZ: Then I wouldn't have a 6 question. So moved. 7 COMMISSIONER GRIFFIN: Second. 8 JUDGE HENNEKE: Moved by Commissioner Letz, 9 seconded by Commissioner Griffin, that the Court approve 10 Budget Amendment Request Number 2 for the Traffic Safety 11 Program. Any further questions or comments? If not, all in 12 favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Budget 17 Amendment Request Number 3 is for the County Jail. 18 MR. TOMLINSON: Okay. This request is from 19 the Sheriff to transfer $11,775.82 out of the Nurse's 20 Salary, and -- in the jail, and $2,907.15 out of the 21 Secretary's Salary in the Sheriff's Office. $10,940 goes to 22 the Administrative Jail Secretary line item in the jail, and 23 $836.91 for -- excuse me -- FICA Expense, and $2,070.24 for 24 Group Insurance, and $835.82 for Retirement for the jail 25 associated with that salary. 13 1 COMMISSIONER GRIFFIN: And this, as I 2 understand it, would finish up those changes that were made 3 to get the nurse's line item right and the secretary's line 4 item right. Is that -- this is the last one of those? 5 SHERIFF HIERHOLZER: That's what this is. 6 This -- we -- you know, we agreed to make the administrative 7 secretary in the jail -- okay, we took that from the 8 receptionist, and where we were going to pay for that was -- 9 that extra amount, was when we hired the new nurse that we 10 had, one of the two new ones, we didn't put them back at 11 that outrageous salary that they were for a long time. 12 COMMISSIONER GRIFFIN: I remember that. 13 SHERIFF HIERHOLZER: So we transferred the 14 funds. We just didn't clean up the transfer that last time. 15 COMMISSIONER GRIFFIN: I move that we approve 16 the amendment. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Griffin, second by Commissioner Baldwin, that the Court 20 approve Budget Amendment Number 3 for the County Jail. Any 21 further questions or comments? If not, all in favor, raise 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 14 1 JUDGE HENNEKE: Motion carries. Number 4 is 2 for the 216th District Court. 3 MR. TOMLINSON: Yes. This is a transfer 4 from -- from Special Trials in the 198th court to the 216th 5 court, and it's relative to the Alvarez case. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER GRIFFIN: Second. 8 JUDGE HENNEKE: Moved by Commissioner Letz, 9 seconded by Commissioner Griffin, that the Court approve 10 Budget Amendment Request Number 4 for the 216th District 11 Court. Any further questions or comments? If not, all in 12 favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Number 5 is 17 for Commissioners Court. 18 MR. TOMLINSON: Okay. This request is -- is 19 to transfer $500 from Contingency in Nondepartmental to 20 Notices in the Commissioners Court budget. We actually have 21 one bill for $153, and it's for an ad for the Sheriff's 22 Department. We're asking for $500 to make the balance of 23 the year. 24 COMMISSIONER WILLIAMS: So moved. 25 COMMISSIONER LETZ: Second. 15 1 JUDGE HENNEKE: Moved by Commissioner 2 Williams, seconded by Commissioner Letz, that the Court 3 approve Budget Amendment Request Number 5 for Commissioners 4 Court. Any further questions or comments? 5 COMMISSIONER GRIFFIN: Just a quick comment. 6 I think that's one of the -- that's another area where we 7 obviously have got more expense than we've had in the budget 8 for the last couple years. We need to look at this during 9 the next budget cycle. Maybe we can pump that up a little 10 bit so we don't have to keep adding money. 11 JUDGE HENNEKE: Any further questions or 12 comments? If not, all in favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Budget 17 Amendment Request Number 6 is for the County Auditor's 18 department. 19 MR. TOMLINSON: Okay. This is a -- my 20 request to transfer $40 from Miscellaneous and $62.50 for -- 21 out of Employees Training to repair my computer. The last 22 thunderstorm trashed my mother board on my computer, so 23 that's to fix this. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER GRIFFIN: Does this include a 16 1 surge protector? 2 MR. TOMLINSON: I already had one. 3 COMMISSIONER GRIFFIN: Went right through the 4 surge protector. Second. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE HENNEKE: Moved by Commissioner Letz, 7 seconded by Commissioner Griffin, that the Court approve 8 Budget Amendment Request Number 3 for -- 6 for the County 9 Auditor. Any further questions or comments? If not, all in 10 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. Number 7 is 15 for the Court Collections Department. 16 MR. TOMLINSON: Okay. This request is as a 17 result of the same storm. For the Collections Department, 18 I'm requesting a transfer of $515.30 from Capital Outlay in 19 Nondepartmental into -- $497.50 into Machine Repairs, and 20 $17.80 in Mainframe Maintenance for the repair of our 21 computer in the Collections Department. 22 COMMISSIONER GRIFFIN: A mother board, or -- 23 is that the mother board? 24 MR. TOMLINSON: Yes. 25 COMMISSIONER BALDWIN: Tommy, did you say 17 1 Capital Outlay out of Nondepartmental? 2 MR. TOMLINSON: This Capital Outlay line item 3 is a contingency for computer-related replacements, and we 4 didn't have any -- there was no funds left in -- in 5 maintenance, so I'm trying -- that's the reason for my 6 request. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Baldwin, seconded by Commissioner Griffin, that the Court 11 approve Budget Amendment Request Number 7 for the Court 12 Collections Department. Any further questions or comments? 13 If not, all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Budget 18 Amendment Number 8 is for the 198th District Court. 19 MR. TOMLINSON: Okay. This is a request from 20 District Court to transfer $2,577 from the Jurors line item 21 in 198 -- in the 216th Jury Fund to Court Interpreters in 22 the 198th Court Interpreters line item. 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER GRIFFIN: Second. 18 1 JUDGE HENNEKE: Moved by Commissioner 2 Williams, seconded by Commissioner Letz, that the Court 3 approve Budget Amendment Request Number 8 for 198th District 4 Court. Any further questions or comments? If not, all in 5 favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Budget 10 Amendment Request Number 9 is also from the Court 11 Collections Department. 12 MR. TOMLINSON: This request is signed by -- 13 and requested by Russ Duncan to transfer $286 out of his 14 Telephone line item into Postage, and request for $214 to 15 transfer from Telephone line item to the Books, 16 Publications, and Dues -- no, I've got that backwards. 17 COMMISSIONER BALDWIN: I think that's 18 backwards, Tommy. 19 MR. TOMLINSON: Okay, it is. It's -- it's 20 $214 out of Books, Publications, and Dues into his Telephone 21 line item, and the first one is out of Postage to Telephone. 22 COMMISSIONER LETZ: Couple of comments. One, 23 I don't know why Mr. Duncan can't use the same form that 24 everybody else uses. I really think that we have these 25 forms for a reason, and personally, I'd send it back, make 19 1 him do it on the right form. But, another question is that 2 the comments he made really, I think, offends. He says this 3 is due to underfunding the 2001 budget because he received 4 no increases. Well, many departments received no increases 5 in their budgets, and that was part of the budget plan. 6 And, if he doesn't plan properly, you know, that's one 7 thing, but I mean, he had a budget to work in, so I really 8 don't like the language that he's using, as if we 9 underfunded his budget. He had a budget to work with that 10 he was given, and many other departments have the same 11 situation. I'll go along with it because he's not 12 increasing his budget, just transferring one area in his 13 budget to another, but I don't like the fact that he's not 14 using our form, and I don't like this verbiage he put on the 15 bottom. 16 COMMISSIONER BALDWIN: As well as, 17 Commissioners Letz, that -- how many of these telephone 18 calls are Kerr County business? 19 COMMISSIONER LETZ: I'll go along with it 20 'cause it's within his total budget. 21 COMMISSIONER BALDWIN: I'll second your 22 motion. Was that a motion? 23 COMMISSIONER LETZ: No, it was not. 24 COMMISSIONER BALDWIN: Oh. I move that we 25 approve. 20 1 COMMISSIONER GRIFFIN: Second. 2 JUDGE HENNEKE: Moved by Commissioner 3 Baldwin, seconded by Commissioner Griffin, that the Court 4 approve Budget Amendment Request Number 9 for the Court 5 Collections Department. Any further 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: Motion carries. Late bills? 11 MR. TOMLINSON: I have one from J.P. 3 for 12 the reimbursement of training for his -- for his clerk. 13 It's for $244.65, reimbursement to her. 14 COMMISSIONER LETZ: This is in the budget? 15 MR. TOMLINSON: Yeah. 16 COMMISSIONER LETZ: That's fine. So moved. 17 COMMISSIONER GRIFFIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner Letz, 19 second by Commissioner Griffin, that the Court authorize a 20 hand check and late bill in the amount of $244.65 payable 21 for training for J.P. 3 clerk. 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.) 21 1 JUDGE HENNEKE: Motion carries. Is that all, 2 Tommy? 3 MR. TOMLINSON: That's all. 4 JUDGE HENNEKE: Thanks. At this time, I 5 would entertain a motion to waive reading and approve the 6 minutes of the April 9th, April 23rd, April 23rd, and 7 April 27th meetings of the Kerr County Commissioners Court. 8 COMMISSIONER GRIFFIN: So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE HENNEKE: Motion by Commissioner 11 Griffin, second by Commissioner Letz, that the Court waive 12 reading and approve the minutes of the regular session on 13 Monday, April 9th, 2001; special session on Monday, 14 April 23rd, 2001; special session on Monday, April 23rd, 15 2001; and the special session on Friday, April 27th, 2001. 16 Any further questions or comments? If not, all in favor, 17 raise your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE HENNEKE: All opposed, same sign. 20 (No response.) 21 JUDGE HENNEKE: Motion carries. I'll 22 entertain a motion to approve and accept the monthly reports 23 as presented. 24 COMMISSIONER WILLIAMS: So moved. 25 COMMISSIONER BALDWIN: Second. 22 1 COMMISSIONER LETZ: Third. 2 JUDGE HENNEKE: Motion by Commissioner 3 Williams, seconded by Commissioner Baldwin, that the Court 4 accept and approve the monthly reports as presented. Any 5 further questions or comments? If not, all in favor, raise 6 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. Okay. We'll 11 move on to the consideration agenda. First item is Item 12 Number 1, which is to consider and discuss presentation of 13 the Year 2000 Workplace Safety Award by Larry M. Boccaccio 14 of the Texas Association of Counties. Larry? 15 MR. BOCCACCIO: Good morning. 16 JUDGE HENNEKE: Good morning. 17 MR. BOCCACCIO: How are y'all? 18 JUDGE HENNEKE: Fine. 19 MR. BOCCACCIO: This is what makes it nice to 20 be here; I like to do these. I am with the Texas 21 Association of Counties, and what I've brought along is a 22 safety incentive check that the County earned last year for 23 participating in the safety program. It's the 7-step 24 program that the Workers Compensation Commission uses to 25 reduce workplace accidents, and what this represents is 23 1 almost a $13,000 savings to the County, $12,894. That 2 represents 10 percent of the worker's comp premium from last 3 year. 4 JUDGE HENNEKE: Outstanding. 5 COMMISSIONER GRIFFIN: All right. 6 JUDGE HENNEKE: Our thanks go particularly to 7 Leonard Odom and Franklin Johnston of Road and Bridge 8 Department, as well as Sheriff Hierholzer at the jail and 9 the Sheriff's Department for their efforts, as well as 10 Barbara Nemec and Glenn Holekamp in coordinating the safety 11 programs here. 12 MR. BOCCACCIO: And I had -- 13 JUDGE HENNEKE: Go ahead. 14 MR. BOCCACCIO: Had one other thing. Each 15 year, the four safety reps from TAC are tasked with the job 16 of giving out 10 safety awards. I have 73 counties, and 17 this year I gave out 8 safety awards. Kerr County earned 18 one of mine, and this was for the year 2000. So, these are 19 two separate things, and I just want to say that you've done 20 a great job so far and I'm going to be here to help you keep 21 it up. 22 JUDGE HENNEKE: Thank you very much. 23 COMMISSIONER BALDWIN: Thank you, Larry. 24 JUDGE HENNEKE: I think we need a picture. 25 Let's get Leonard and Rusty and Barbara. Y'all come up and 24 1 let Mr. Boccaccio give you the check. 2 (Discussion off the record.) 3 JUDGE HENNEKE: Larry, we want to thank you 4 for coordinating the program and working with us, and also 5 for taking the time to come over and present the awards this 6 morning. 7 MR. BOCCACCIO: Right. 8 JUDGE HENNEKE: It's always an honor to be 9 recognized for the good work of the employees. 10 MR. BOCCACCIO: Thank you. 11 COMMISSIONER BALDWIN: Thank you, Larry. 12 MR. BOCCACCIO: You're welcome. 13 JUDGE HENNEKE: Next item is Item Number 2. 14 Commissioner Baldwin. 15 COMMISSIONER BALDWIN: Yes, sir. I'd like to 16 introduce, once again, the City of Kerrville EMS training 17 officer. Kyle Young is the new guy, and our interest, of 18 course, is that is the -- that's the agency and department 19 that takes care of our First Responder training. So, Kyle, 20 would you come to the microphone, please, and -- and say 21 hello to the Commissioners Court? 22 MR. YOUNG: Good morning. How are you y'all 23 doing? 24 JUDGE HENNEKE: Good morning. 25 MR. YOUNG: As Commissioner Baldwin said, I'm 25 1 the new EMS Coordinator for the City of Kerrville. I'll 2 also be handling the First Responder program. I have put on 3 my agenda for the next month or two -- we're going to start 4 having meetings; I'm going to volunteer some of my time to 5 train these guys. All the guys on the ambulances think that 6 this is a very important program, and we're going to do 7 everything that we can to keep this program going and -- and 8 try to make it fly. 9 COMMISSIONER BALDWIN: Very good. Thank you. 10 JUDGE HENNEKE: Anyone have any questions of 11 Mr. Young? 12 COMMISSIONER BALDWIN: I wanted to let you 13 know that Kyle is going to come here on a quarterly basis 14 and just give us an update and a report every three months 15 to the Commissioners Court. Kyle, thank you very much. We 16 appreciate you coming. 17 MR. YOUNG: Thank you. 18 COMMISSIONER LETZ: I have a comment. I do 19 have -- do you know Danny Morales at Comfort Volunteer Fire 20 Department? 21 MR. YOUNG: No, I don't. 22 COMMISSIONER LETZ: You might call him. They 23 have a very good First Responder program that's run through 24 the volunteer fire department there because of the 25 remoteness. They do a lot of work in the eastern part of 26 1 the county. Very anxious to work with the -- Kerr County's 2 First Responder program. 3 MR. YOUNG: All right. 4 COMMISSIONER LETZ: So you might get hold of 5 Danny -- Chief Morales down there. 6 MR. YOUNG: Okay, great. Thank you. 7 JUDGE HENNEKE: Thank you. 8 COMMISSIONER BALDWIN: Thank you, sir. 9 JUDGE HENNEKE: Item Number 3, consider and 10 discuss approving amending the Kerr County O.S.S.F. order 11 regarding property transfer inspections and procedures. 12 Commissioner Griffin. 13 COMMISSIONER GRIFFIN: Yes. As noted a 14 little bit earlier, our -- I got word from T.N.R.C.C. that 15 the change to the rule that we have been working on to allow 16 for inspections at property transfer will be considered by 17 T.N.R.C.C. as a minor revision, which is good, because it 18 means we do not have to go back through the full T.N.R.C.C. 19 approval cycle, which, if you'll recall, takes quite a bit 20 of time, and then we get an effective date that falls on the 21 date that the Executive Director of the T.N.R.C.C. signs the 22 document, which led to a little confusion. So, this is very 23 good in that as soon as we sign a minor revision -- minor 24 revision to a document, as soon as the Judge signs it and 25 it's certified by the clerk, then it's effective 27 1 immediately. 2 Now, you'll recall from our last session 3 that -- that -- an issue raised by Commissioner Letz, that 4 -- that he felt, and it was the sense of the Court, that we 5 should have the inspection procedures document in-hand and 6 approved by this Court before we approved this rule. 7 However, I think my proposal is -- is that we go ahead and 8 approve the rule, but make it contingent for the Judge's 9 signature and the Clerk's certification on the fact that we 10 will hold that document -- we'll hold this document until 11 such time as we have an approved inspection document in 12 place. If -- if the Court is willing to do that, I do have 13 one minor amendment to the wording in the document as filed 14 and we can proceed from there, but I'd like to get a sense 15 that the Court would go along with that process. And if -- 16 if so, then I'll propose the amendment and we can go from 17 there. 18 COMMISSIONER WILLIAMS: What's the status of 19 the corollary document, Larry, the inspection document? 20 COMMISSIONER GRIFFIN: It's in work now. Jim 21 Brown and Stuart Barron have told me that they thought by 22 the end of this week they should have something for us to 23 look at. And, we may want to look at that very carefully, 24 obviously, and make sure it conforms with what we have in 25 the rule and that we think it -- it answers all the 28 1 questions that we've asked before about inspections, but -- 2 so I don't know. I think by the next court date, I think we 3 could approve that document, and then at that same time 4 authorize the -- if it's acceptable, authorize the Judge to 5 sign it. 6 COMMISSIONER BALDWIN: That's fine. I just 7 -- I don't understand why you want to approve this one, and 8 it won't be completely approved until the Judge signs it 9 anyway. I mean, is it a time frame issue? 10 COMMISSIONER GRIFFIN: So we don't have to 11 bring -- yeah. Good question. And the answer is -- is 12 that -- so that we don't have to bring this back as an 13 agenda item; we've got an approved rule awaiting the 14 completion of the inspection document so that we don't have 15 to address this one again. That was the only reason for 16 doing that. 17 COMMISSIONER WILLIAMS: The inspection 18 document will, likewise, require Court approval; is that 19 correct? 20 COMMISSIONER GRIFFIN: Absolutely, yes. 21 COMMISSIONER WILLIAMS: Is this a time frame 22 issue in terms of with U.G.R.A.? I noticed a letter or 23 something floating around from Jim Brown indicating that 24 they thought that there was some sense of urgency for us to 25 move this process along. 29 1 COMMISSIONER GRIFFIN: Well, it always has 2 been, once we decided to go this route. But, obviously, the 3 wheels take time to turn, and we're -- we've got a new D.R. 4 coming on that we'll act on later today, and that's -- that, 5 obviously, has taken some time as well. So, I'm hoping that 6 this will be able -- we would be able to continue moving the 7 process forward. 8 JUDGE HENNEKE: Any other questions or 9 comments? 10 COMMISSIONER LETZ: Basically, I mean, I 11 don't have a problem with doing it. I guess it's -- doesn't 12 seem to me any great need to do it, but I don't have a 13 problem doing it if Larry would rather get this behind him. 14 COMMISSIONER GRIFFIN: Well -- 15 COMMISSIONER LETZ: I guess the reason for -- 16 COMMISSIONER GRIFFIN: You just broke the 17 code. Yes, I think this is -- if we can get it off the 18 table and that now we concentrate on the inspection 19 document, I think that just keeps us from having to deal 20 with this one at a later date. 21 COMMISSIONER LETZ: This -- you know, I don't 22 have a problem with that, but I think that the -- this other 23 document, you know, we need plenty of time to go through it 24 and -- you know, as long as this is not going to be put into 25 practice, or the Judge doesn't have authority to sign it 30 1 until we approve the second document, I don't have a problem 2 with finalizing this today. 3 COMMISSIONER GRIFFIN: Okay. Then I would -- 4 I would propose one amendment to Paragraph 10(b)(7)a.1. 5 It's at the bottom of Page 4. Bottom of Page 4, the 6 paragraph 1 which says "If the system meets the 7 requirements..." To change that wording to read "If the 8 system meets the requirements of Paragraph 10(b)(5) above, 9 the applicant may continue to operate the system for as long 10 as the requirements outlined in 10(b)(5) above are met." 11 It's the same -- and the rest of it's the same. What that 12 does is it removes the word "authorized" which T.N.R.C.C. 13 had a problem with, because they said if you use the word 14 authorized, that some people would assume from that that 15 it's a licensed system, it's met all of the requirements. 16 And, in this case, it's -- that's being addressed there. 17 That's not -- so it's just that the applicants may continue 18 to operate it as long as there's no public health hazard and 19 no -- and all the setback separation requirements are met. 20 That's really all it says. 21 COMMISSIONER BALDWIN: That's a good thing. 22 COMMISSIONER GRIFFIN: Yes. So, I would move 23 that amendment to that paragraph. 24 JUDGE HENNEKE: Do I have a second? 25 COMMISSIONER WILLIAMS: Second. 31 1 JUDGE HENNEKE: Motion by Commissioner 2 Griffin, second by Commissioner Williams, that Paragraph 3 10(b)(7)a.1, Page 4 of the April 22nd draft, be amended to 4 delete the words "system shall be authorized" and substitute 5 "therefore, applicant may continue." Any further questions 6 or comments? 7 COMMISSIONER LETZ: Do you have a clean copy 8 of the letter? 9 COMMISSIONER GRIFFIN: Yes. 10 COMMISSIONER LETZ: That you'll distribute? 11 COMMISSIONER GRIFFIN: Yes. 12 JUDGE HENNEKE: If not, all in favor, raise 13 your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Okay. 18 COMMISSIONER GRIFFIN: Okay. Now I will make 19 the motion that we adopt the revised rule and authorize -- 20 and pending receipt of the approved -- court-approved 21 inspection procedures document, authorize the Judge to sign 22 same after that time. I didn't say that very well. 23 JUDGE HENNEKE: I'll clean it up. 24 COMMISSIONER GRIFFIN: Okay. 25 COMMISSIONER LETZ: Second. 32 1 JUDGE HENNEKE: Motion by Commissioner 2 Griffin, second by Commissioner Letz, that the Court approve 3 the revised order adopting rules of Kerr County, Texas for 4 on-site sewage facilities and authorize County Judge to sign 5 same and the County Clerk to certify same upon adoption by 6 the Court of the document outlining the inspection 7 procedures. 8 COMMISSIONER LETZ: The question I have on 9 that is, would it be better to have the data -- well, I 10 guess we still can do it that way, put an effective date 11 here somewhere so that when we do the -- 12 COMMISSIONER GRIFFIN: Yes. We -- when we do 13 the second document, we'll have a date certain that we will 14 authorize the Judge to sign. 15 COMMISSIONER LETZ: To sign that document. 16 COMMISSIONER GRIFFIN: Because it becomes 17 effective immediately, and so it's certified with the clerk. 18 COMMISSIONER LETZ: Right. Okay. That way, 19 it seems to me it would be good to have a week or some time 20 a little bit in the future so everyone can get ready to go 21 under the new rules. 22 COMMISSIONER GRIFFIN: Exactly. 23 JUDGE HENNEKE: Any further comments or 24 questions? 25 MR. BARRON: I had a comment, Judge, if it's 33 1 appropriate at this time. 2 JUDGE HENNEKE: Go ahead, Mr. Barron. 3 MR. BARRON: My name is Stuart Barron with 4 U.G.R.A. I just have a comment about the proposed rules, 5 that there's been a lot of questions as to the installers as 6 to what -- what the rules mean exactly and where are they 7 going to go with them. A lot of them have called me asking 8 me, "What does this mean?" and portions of that. I talked 9 to Commissioner Griffin and he's clarified them for me, but 10 I'd just like for the Court to know that it may be somewhat 11 hard for the -- for the general public to understand, and 12 also the realtors and everything else, as to what the -- 13 what the rules mean, and there's going to be a lot of 14 questions and clarification needed as it goes on down the 15 line. 16 JUDGE HENNEKE: I think it might be a good 17 idea, once the companion document -- inspection document is 18 approved, that the Court either sponsor a workshop or 19 U.G.R.A. sponsor a workshop featuring yourself and 20 Commissioner Griffin to answer any questions from the 21 realtors, the installers, or the public as to any issues. 22 COMMISSIONER GRIFFIN: I think that's 23 probably good. And also, I think that the second document 24 will also answer a lot of those questions, because I would 25 like to see -- I hope that we get that kind of detail into 34 1 that document that will answer most of the questions, 2 anyway. 3 JUDGE HENNEKE: Any further questions or 4 comments about the motion before the Court? If not, all in 5 favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Next item 10 for consideration is Item Number 4, which is consider and 11 discuss the appointment of Mr. Stuart Barron, effective May 12 15th, 2001, as the Kerr County O.S.S.F. Designated 13 Representative and the Kerr County Flood Preventive Program 14 Certified Floodplain Administrator. Does anyone have any 15 questions or comments? We all have been introduced to 16 Mr. Barron by this time. Now he's got all his licenses and 17 tickets, ready to go to work. 18 COMMISSIONER LETZ: I move the agenda item. 19 COMMISSIONER WILLIAMS: Second. 20 JUDGE HENNEKE: Motion by Commissioner Letz, 21 second by Commissioner Williams, that the Court appoint 22 Mr. Stuart Barron, effective May 15th, Year 2001, as Kerr 23 County O.S.S.F. Designated Representative and the Kerr 24 County Flood Prevention Program Certified Floodplain 25 Administrator. Any questions or comments? 35 1 COMMISSIONER BALDWIN: One question. What is 2 the plan for the replacement for Mr. Barron? 3 COMMISSIONER WILLIAMS: For him? 4 COMMISSIONER BALDWIN: If he moves into the 5 new slot. 6 COMMISSIONER GRIFFIN: Oh, I think it's a 7 question -- will there be a replacement for the slot that 8 you're in now? 9 MR. BARRON: Not at this time. 10 COMMISSIONER GRIFFIN: Okay. I think they 11 were actually one over mandatory with -- 12 MR. BARRON: Right now, they feel like that I 13 may be able to handle it, but as soon as the new rules come 14 into effect where we have to do property transfers, that 15 there will be another inspector needed to help with the -- 16 with the work. But, as of now, there's nobody. 17 COMMISSIONER WILLIAMS: Do we have an 18 inspector in training in the wings anywhere? 19 MR. BARRON: No, sir. I'd like to see him, 20 but Mr. Brown -- they reorganized U.G.R.A., and also they're 21 concerned somewhat about where the rules are going to go at 22 the end of the year before they hire somebody for the period 23 of a few months, possibly. 24 COMMISSIONER LETZ: I visited with Jim -- or 25 Jim visited with me, I should probably say, and he has 36 1 discussed -- they are reorganizing a little bit. I think 2 they're looking at, along with the subcommittee between 3 their board and our Court and just trying to figure out 4 exactly what we want, you know, what we we're going to pay 5 and the whole -- he's working through that right now. And, 6 I think it would be -- if we need another inspector, another 7 one will be brought on line. 8 COMMISSIONER WILLIAMS: I do have one 9 question in terms of Mr. Wiedenfeld's continued involvement, 10 and that is on a consulting basis only? Is that -- 11 MR. BARRON: Yes. 12 COMMISSIONER WILLIAMS: And that is something 13 that you would request? Or -- 14 MR. BARRON: Yes, sir, I'll request it. If I 15 get overloaded with some of the things that I haven't done 16 yet, such as the Subdivision Rules and signing off on some 17 of those, and he'll assist me with that, but I will be the 18 one that -- that actually signs on it. It will be just him 19 advising me as to what the rules are until I have an 20 opportunity to catch up and get up to speed with all the 21 rules on that particular item. 22 COMMISSIONER WILLIAMS: Okay. 23 JUDGE HENNEKE: Any other questions or 24 comments? 25 MR. BARRON: This week, Mr. Wiedenfeld will 37 1 still be over there. I'm going to another floodplain 2 conference in Fredericksburg, so as of Monday, I'll -- he's 3 on leave right now. We're -- or vacation, but as of Monday, 4 then I'll be over there full-time and he'll be on -- on -- 5 COMMISSIONER WILLIAMS: Glad to hear that, 6 'cause one of the first calls I'm going to make to you has 7 to do with a floodplain matter. 8 COMMISSIONER GRIFFIN: Yeah. I would say 9 welcome aboard again, but I don't know. Your work's cut out 10 for you. 11 MR. BARRON: Yes, sir. 12 JUDGE HENNEKE: Okay. Any further questions 13 or comments? If not, all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Thank you, 18 Stuart. Welcome aboard. Next item is Item Number 5, 19 consider and discuss the appointment of Sharon Keith to 20 City/County E.M.S. Advisory Board. Commissioner Baldwin? 21 COMMISSIONER BALDWIN: Yes, sir. This Court 22 annually appoints one -- or every other year, I'm sorry, 23 appoints one member to the City/County EMS Advisory Board. 24 And, if you looked in your backup, one -- the requirement is 25 that the person live in the county and is knowledgeable in 38 1 health care administration. Folks, there's not that many 2 folks out there that -- that are willing to serve, so 3 Mrs. Keith has agreed to serve for us here. She's the 4 Nursing Manager for Peterson Hospital emergency room. She's 5 very knowledgeable. The administrator over at Peterson 6 recommended her, and she is -- she's a great lady, and is 7 just -- to be able to find this quality of a person to serve 8 on these committees just blows me away. So, I would move 9 for approval of Sharon Keith as the County's representative 10 on the City/County EMS Advisory Board. 11 COMMISSIONER GRIFFIN: Second. 12 JUDGE HENNEKE: Moved by Commissioner 13 Baldwin, seconded by Commissioner Griffin, that the Court 14 approve Sharon Keith's appointment to the City/County EMS 15 Advisory Board. Any further questions or comments? If not, 16 all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. 21 COMMISSIONER LETZ: I had a question. Are 22 there other people in these positions? There's a bunch on 23 that sheet that the City sent over. 24 COMMISSIONER BALDWIN: You may want to ask 25 her that -- Thea. Thea's the one that blocked it out there. 39 1 Yes, there are other names on there. Yes, sir. 2 COMMISSIONER LETZ: Okay. 3 COMMISSIONER GRIFFIN: That's the City's -- 4 COMMISSIONER LETZ: Okay. I was confused. I 5 thought, boy, I hope there aren't that many vacancies on 6 there. 7 COMMISSIONER BALDWIN: No, it's full. 8 COMMISSIONER LETZ: Okay. 9 JUDGE HENNEKE: Item Number 6, consider and 10 discuss application to the N.R.A. Foundation Grant Program 11 for grant to be used by the Sheriff's Department for 12 training funds. Sheriff Hierholzer? 13 SHERIFF HIERHOLZER: This is a grant 14 application that we would like to submit to N.R.A. What it 15 will actually do is the $2,000 grant that will assist in 16 supplementing our firearms and safety training for our 17 officers. 18 COMMISSIONER WILLIAMS: So moved. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Moved by Commissioner 21 Williams, seconded by Commissioner Griffin, that the Court 22 approve applying to the N.R.A. Foundation Grant Program for 23 a grant to be used for training funds for Sheriff's 24 Department. 25 COMMISSIONER GRIFFIN: And authorize County 40 1 Judge to sign same, I assume? 2 JUDGE HENNEKE: And authorize County Judge to 3 sign same. Any further questions or comments? 4 COMMISSIONER BALDWIN: I got a question. 5 Rusty, I kind of looked through all of this, and did -- am I 6 seeing that it's -- the money is designated for ammunition? 7 SHERIFF HIERHOLZER: It may be on this one, 8 the way James wrote it up. We spent -- or are spending a 9 large amount on ammunition for the training out at Thunder 10 Ranch. It's a training deal where it can go to help pay 11 those costs of Thunder Ranch, whether it be on the 12 ammunition side of it or on the fee that we have to pay for 13 the range and everything, but it's probably going to have to 14 go on the ammunition side or costs on the -- 15 COMMISSIONER BALDWIN: Because we budgeted 16 for some -- 17 SHERIFF HIERHOLZER: Right. 18 COMMISSIONER BALDWIN: -- on this? Okay. 19 SHERIFF HIERHOLZER: Budgeted quite a bit for 20 some. This year we're going to be cutting it real, real 21 close on it. In fact, I'm not quite sure that we'll have 22 enough. Each officer, each time they go out there, averages 23 over 300 rounds per officer that they have to fire. We're 24 looking at redoing the range, itself, from -- the City is 25 also looking at this, from three times a year to two times a 41 1 year. Just a little bit better, to cut down some on both 2 agencies' expense on ammunition. That stuff's really 3 getting expensive on everybody. So, this is more of a 4 supplement, just to help us figure in the budget and get 5 that worked out for each year. 6 COMMISSIONER BALDWIN: Thank you. 7 JUDGE HENNEKE: Any further questions or 8 comments? If not, all in favor, raise your right hand. 9 (The motion was carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Item Number 13 7, consider and discuss request from Motorola to extend the 14 deadline for RFP's on Sheriffs communication system from May 15 25th, 2001, to July 25th, 2001. Sheriff Hierholzer. 16 SHERIFF HIERHOLZER: Motorola, which is one 17 of the few ones that have actually shown interest and is 18 working on their engineering part and everything to come in 19 with a public safety communications upgrade, is requesting 20 this. The attachments I have in the back of your backup 21 show what they're saying in duration of days that they need 22 to be able to complete this, and they're wanting an 23 extension to the end of July. I did contact George Weimer 24 at Trott; you have a letter from them saying it can get 25 carried away, but due to the fact that you really want it 42 1 done right the first time, reluctantly, George Weimer and I 2 are both in agreement, they probably need this extension. 3 COMMISSIONER GRIFFIN: I just have one quick 4 question. I noticed in the letter from Trott that it says 5 that CommNet Erickson had asked some questions. 6 SHERIFF HIERHOLZER: Yes. 7 COMMISSIONER GRIFFIN: Were those the same 8 general kinds of things that are in the Motorola list? 9 SHERIFF HIERHOLZER: Same type. Each -- each 10 company vendor has submitted questions to both me and -- and 11 Trott and gotten answers to those questions. He was just 12 addressing two different issues in this letter from him. 13 COMMISSIONER GRIFFIN: So, the RFP deadline 14 would be extended for both for this company, for Motorola, 15 and for anybody else that wanted to bid, right? 16 SHERIFF HIERHOLZER: If the Court grants this 17 extension, what I will do is take a copy of that court order 18 and send it to all the vendors that have received packages 19 that are possibly bidding on this so that they all know it's 20 extended. 21 COMMISSIONER GRIFFIN: We certainly want to 22 encourage the competition. 23 SHERIFF HIERHOLZER: Right. 24 COMMISSIONER GRIFFIN: I'll make the motion 25 that we grant the extension. 43 1 COMMISSIONER LETZ: Second. 2 JUDGE HENNEKE: Moved by Commissioner 3 Griffin, seconded by Commissioner Letz, that the Court 4 approve extension for deadline for RFP's from May 25th, Year 5 2001, to July 25th, Year 2001. Sheriff, you and I have 6 talked about this, and my concern is our ability to budget 7 in this budget cycle if we push the request -- the response 8 date back to July 25th. 9 SHERIFF HIERHOLZER: That is definitely one 10 of my concerns also, because we are in the middle of the 11 budget year. But, unfortunately, I feel like we're kind of 12 in some ways in a Catch-22. We have to give these vendors 13 adequate time. This is a massive system to be able to get 14 the coverage throughout the county that we have to have. I 15 can't push them any more. I have some just ballpark idea of 16 what the -- the funds may end up being. And, you know, it's 17 not something the Court could in any way consider budgeting 18 fully for -- for a one-time budget increase to pay for this 19 system. Plus, once I get the figures, then we can start 20 searching for the grants to also help supplement or help pay 21 for this system, because it's -- unfortunately, from what I 22 see, it's not going to be a -- an inexpensive or cheap 23 upgrade. Our system is way, way inadequate, you know, and 24 the deal last week with Sgt. Billeiter, if he wouldn't have 25 been standing right next to his car at the time that that 44 1 happened where he actually had a car radio, we wouldn't have 2 found him, okay? He would have had a hard time if he'd 3 actually ended up in a shootout out there, us being able to 4 get to him, 'cause we wouldn't have known his exact 5 location, and he couldn't have gotten out on the radio. 6 And, it is a very serious deal, so I have to just kind of go 7 with it right now. We have to give these companies a chance 8 to provide the best system we can. 9 COMMISSIONER LETZ: In that light, I mean, 10 would a 30-day extension -- I mean, would Motorola go with 11 something like that? Because I see -- I think that by 12 July 31st, our budget is pretty much set for next year. But 13 if we could go with, like, even July 10th, we could -- you 14 know, or July 15th, that would give us a little bit of time 15 to make a last-minute adjustment. 16 SHERIFF HIERHOLZER: The only thing I can say 17 to the Court is that if it stays at July 25th, I will do my 18 best, and I think Trott will help us, to -- as soon as they 19 come in on July 25th, to sit down immediately and evaluate 20 them, which is all in the procedures, and come back to the 21 Court with a recommendation, and Trott has assured me that 22 they will do that, because I need their expertise on it. 23 But I hate to cut things short -- and I know it's kind of 24 hard to do, especially with the budget year coming around, 25 but I hate to cut things short and get them to take 45 1 shortcuts and corners, and then we end up, unfortunately, 2 with what we all had as far as, like, renovations here. You 3 get a lot of additions on at the end; it ends up costing us 4 more than what we agreed to. So, I'd rather let it go 5 through properly, as bad as I hate it, 'cause it's a risk 6 every day that we don't have it for the officers on the 7 street. 8 COMMISSIONER LETZ: Judge, with our budget 9 cycle, if we got it the 25th, give them -- give Trott and 10 Rusty 10 days to review it -- I'm sure it's going to take a 11 fair amount of time to figure out exactly what the proposals 12 are saying -- does that give us enough time, based on the 13 budget schedule, to -- 14 JUDGE HENNEKE: It's going to push it, but we 15 can get it done. There is -- there's -- after some 16 discussions with the Sheriff, there's some concern in my 17 mind over whether we'll be able to fund this out of budget, 18 anyway, or go out for some long-term debt obligations. I 19 just have to see where the numbers come in. 20 COMMISSIONER LETZ: But, either way, I 21 mean -- well, we need to budget -- 22 JUDGE HENNEKE: We can -- we can do it, but 23 what it's going to mean is we're not going to have any idea 24 what the budget's going to look like, and it's going to 25 impact on the other departments until early in August at 46 1 best. 2 SHERIFF HIERHOLZER: Our problem is, like the 3 Judge said, I'm afraid that with what I'm seeing, this is 4 probably going to come into, unfortunately, having to do 5 some long-term debt-type stuff and not impact this budget. 6 COMMISSIONER LETZ: Well, it will impact this 7 budget, long-term debt or not. We got to pay for it, unless 8 someone gives us -- 9 COMMISSIONER GRIFFIN: This is one of those 10 things where you have a highly technical product and you 11 only get one shot at making it right. I think we've got to 12 take the risk on the budget side of getting it in. I just 13 think it makes sense to go along with the extension, as 14 requested. 15 COMMISSIONER BALDWIN: So do I. 16 COMMISSIONER GRIFFIN: Otherwise, we could 17 end up with something that still costs a lot of money and 18 it's not what we want. 19 COMMISSIONER BALDWIN: And, you -- you see 20 budgets all the time not being finalized till October 1st or 21 October 15th or January 1st, many times. So, you know, to 22 me, weighing that out and evaluating the two, I think we 23 need to go with the extension and try to get the job done 24 right. 25 COMMISSIONER WILLIAMS: I agree. 47 1 JUDGE HENNEKE: There's a motion before the 2 Court. Any other questions or comments? I just want 3 everyone to know what that's going to do. 4 COMMISSIONER BALDWIN: Good thought. 5 JUDGE HENNEKE: If not, all in favor, raise 6 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. 11 COMMISSIONER LETZ: I'm going to take a 12 vacation the first week of August. 13 COMMISSIONER BALDWIN: I'm going with Jon. 14 COMMISSIONER WILLIAMS: Just leave your proxy 15 behind. 16 (Discussion off the record.) 17 JUDGE HENNEKE: Item Number 8, consider and 18 discuss adoption of Kerr County Sheriff's Department Policy 19 and Procedures manual. Sheriff Hierholzer is here to tell 20 us that he's read every word, and it's -- 21 SHERIFF HIERHOLZER: To be perfectly honest, 22 I have. We started on this right after I took office. The 23 Department needed a definite upgrade on policy and 24 procedures; we didn't really have that good of one. So, 25 we've had long night meetings with all the administration, 48 1 patrol, everybody else. It's been a -- we've gathered 2 policy manuals from other departments, we've gathered them 3 from the National Rural Law Enforcement Agency and U.S. 4 model policies. We've done a combination of Austin, D.P.S., 5 local agencies, some of what we had before, and it's just 6 been a very painstaking deal on my staff and myself on 7 getting this prepared. 8 Once we got it to this point, it has gone to 9 the County Attorney's office. They have reviewed it and 10 advised that they don't see any problems with it either. 11 The Jail Commission part on all the jail policies and that 12 is with the Jail Commission at this time. We were hoping to 13 have their response by today verbally. Yes, it looks good, 14 like they're going to approve everybody. I won't know that 15 for another day or two, probably, but if there are things 16 that need to be changed at that time, we can change them in 17 the jail policies, but I don't see that happening. We've 18 gone over it with them, we've worked with them on all these. 19 I just think that the Department definitely 20 needs a good policy. We've even included things already, 21 such as the use of the -- use and procedures of the new 22 video cameras that are -- got installed this last weekend in 23 the cars. Some of the stuff you see before the Legislature 24 on racial profilings and things such as that are also 25 addressed in there. We've tried to address everything that 49 1 we can possibly address so it's one consistent way of doing 2 things within the department. There are some things in that 3 policy manual that, if we get requests for it as far as Open 4 Records and that, that I will have to delete from it due to 5 security reasons, as far as the way we respond to bank 6 alarms and things like that. But, I feel that everything 7 that we can possibly address is in that manual. It takes a 8 combination of the green policy manual that this Court had 9 adopted for Kerr County and the Sheriff's Office policy 10 manual and the Jail policy manual, and puts it all in one 11 for the Sheriff's Department, okay? So that the green 12 manual that the Commissioners Court had adopted a couple 13 years ago is addressed in there. It is the same in there. 14 We're just trying to get it where I don't have officers that 15 have to have three or four policy manuals and everything's 16 done correctly. And, once it's adopted and the copies are 17 made, then we will have training sessions on it to make sure 18 our officers understand it. 19 MS. NEMEC: I have a question. 20 COMMISSIONER BALDWIN: Even goes into detail 21 about what kind of prisoner he will -- he can allow to do 22 the work down underneath. 23 COMMISSIONER GRIFFIN: Mm-hmm. 24 COMMISSIONER BALDWIN: What kind of person 25 that can go there. 50 1 COMMISSIONER LETZ: Looks good. Easy to work 2 through the -- 3 JUDGE HENNEKE: Barbara, you had a question? 4 MS. NEMEC: I have a question. So, when your 5 employees call me and ask me if they are to go by the green 6 policy manual or the one that you have, the one that you 7 have is exactly -- when it refers to the issues that are in 8 our policy manual, it's exactly that way? 9 SHERIFF HIERHOLZER: This -- this manual 10 would take care of all of it. It's all exactly that way. 11 MS. NEMEC: So I can tell them that they're 12 -- when it -- 13 SHERIFF HIERHOLZER: They're the same. 14 MS. NEMEC: Okay. 'Cause I get those 15 questions all the time. 16 SHERIFF HIERHOLZER: I get them, too. "Well, 17 this manual says this. This one" -- No, I don't want that. 18 I want it all concise and one where we can train everybody 19 the same. 20 MS. NEMEC: That is wonderful. 21 COMMISSIONER LETZ: Looks good. 22 COMMISSIONER GRIFFIN: Just one comment I 23 would make. The part where you may have to redact some 24 things -- you said when you get requests? 25 SHERIFF HIERHOLZER: Right. 51 1 COMMISSIONER GRIFFIN: There probably needs 2 to be something on the front about the security of the 3 document, then. 4 SHERIFF HIERHOLZER: There will be. This is 5 our one and only copy at this time, okay, and there will 6 be -- 7 COMMISSIONER GRIFFIN: I understand that. 8 When we get to the next agenda item, when it is formally 9 printed, there needs to be some control on the document, and 10 it needs to be so marked on the front, or -- 11 SHERIFF HIERHOLZER: Yes. 12 COMMISSIONER GRIFFIN: -- inside pages or 13 whatever. 14 COMMISSIONER LETZ: I move we adopt the Kerr 15 County Sheriff's Department Policy and Procedures manual as 16 presented. 17 COMMISSIONER GRIFFIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner Letz, 19 second by Commissioner Griffin, that the Court adopt the 20 Kerr County Sheriff's Department Policy and Procedures 21 manual as presented. Any further questions or comments? If 22 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.) 52 1 JUDGE HENNEKE: Motion carries. Next item is 2 to consider and discuss Kerr County paying for printing 100 3 copies of the Policy and Procedures manual, and binders for 4 each. 5 SHERIFF HIERHOLZER: This manual actually -- 6 counting the index, which y'all have, you can see -- I think 7 it alone is about 28 pages, to make it reference-friendly to 8 where the officers can find things in there. The total of 9 this manual is 394 pages on both sides. It's actually 10 almost 800 pages one-sided, but we've printed it -- this 11 copy on both sides, so it's 394 pages long. To be able -- 12 I've got one estimate or one price, which is what I wanted 13 to get at this time, just so that we can tell you exactly 14 what it would cost, or real close to it. I'd like to make 15 100 copies of this manual. I have about 85 employees, 16 counting secretaries, clerks, everybody else, and there are 17 things in here that affects everybody and everybody needs to 18 know. I'd like -- with the 100 copies that I want, 85 of 19 them will be issued to our employees. After that, I need a 20 few extras, just in case one got destroyed or something like 21 that, but the County Clerk's office also would have to have 22 one on file, I believe. The County Attorney's office needs 23 one on file. Our insurance company needs one. I think the 24 County Judge just motioned he'd like to have one. But, 25 the -- the attorneys that represent the Sheriff's Department 53 1 in a lot of the civil lawsuits and that, I constantly get 2 requests from them, "What your policies on this? What's 3 your policies on that?" to where the officers were acting in 4 accordance with policy. I would want them to have one. So, 5 by the time you get through with those people, you're 6 already up over 90 copies, 95 copies, and I would like to 7 just have a couple extras in case we do get more manpower at 8 some time. 9 COMMISSIONER WILLIAMS: Sheriff? 10 SHERIFF HIERHOLZER: Yes, sir? 11 COMMISSIONER WILLIAMS: This is a massive 12 document. Any reason why they can't also be put on CD-ROM 13 so it could be plugged into a computer? 14 SHERIFF HIERHOLZER: We have it on disk right 15 now to where we can do it. The printing of that many of 16 those documents is what my expense is. We will keep it on 17 disk or on CD-ROM. I don't have the CD-ROM capabilities at 18 the office; we have the disk. We will keep on it those, and 19 any updates that have to be made will be made over those, 20 and those sections get replaced as the years go on. But, as 21 far as being able to just print out copies, that's -- if we 22 do it on a regular copy machine with the funding and the way 23 that works, I just couldn't feasibly -- 24 COMMISSIONER WILLIAMS: No, I wasn't saying 25 in lieu of. I'm saying in addition to. Can you put it on 54 1 CD-ROM for future reference? 2 SHERIFF HIERHOLZER: Yes. Yes, we could. 3 JUDGE HENNEKE: You might find that your 4 attorneys would probably prefer to have either a disk or a 5 CD-ROM than the hard copy. I presume that that will be 6 checked out individually to the employees, and this will be 7 an item that will be returned in the event that their 8 employment is -- 9 SHERIFF HIERHOLZER: That is correct. It 10 goes on their inventory. Any lost one or one not returned, 11 they're going to be responsible to pay the County back for 12 the -- for the manual. 13 COMMISSIONER GRIFFIN: Like any security 14 document or document that's got secured information, those 15 copies need to be numbered; Copy Number 10 of 100 checked 16 out, and so on. That's what I was alluding to earlier. 17 SHERIFF HIERHOLZER: Right. 18 COMMISSIONER GRIFFIN: You really need to 19 have a number. All copies are numbered so that you can 20 account for who's got copy number so-and-so. It's -- 21 SHERIFF HIERHOLZER: Now, the cost of this 22 that we have to print with 100 sets, two-sided with the 23 holes in them and everything, is $3,468. These 3-ring 24 binders, just like you see that that one is in, 100 of those 25 will cost us $462, bringing the total to $3,930. That's 55 1 $4,000 to print 100 copies of this. I do not have that 2 amount anywhere readily available in my budget to come up 3 with that, but this is an extremely important issue that I 4 need to get done. 5 COMMISSIONER LETZ: Rusty, who did you get 6 that price from? 7 SHERIFF HIERHOLZER: That price is from 8 Braswell. They -- I just had them grab one real quick, just 9 so that we could give y'all an idea. 10 COMMISSIONER LETZ: You might really search 11 that around, because I know when Region J did their 12 printing, the prices ranged from about this to about $800. 13 With some people, it really gets drastic, and -- 14 SHERIFF HIERHOLZER: They gave us 20 percent 15 off to begin with, okay? If they'd have gone by their 16 normal fees, it would have been well over $5,000 for the 17 total of everything, and they refigured it and refigured it, 18 and ended up with about a 20 percent discount. You know, 19 it's one of these, I have -- we have managed to get by for 20 this year without having a -- an updated -- in fact, the 21 policy manual that is -- until a few minutes ago, when y'all 22 adopted this one, the policy manual that's in effect for the 23 jail still refers to the jail as being up here, okay? So, 24 it's something that -- it is an important and emergency 25 issue that I've got to get out there. 56 1 COMMISSIONER LETZ: I'm not questioning that. 2 I'm just saying I suggest you go out for at least five bids, 3 anywhere; in San Antonio, all the vendors here in the 4 county, the OfficeMax-type people. I mean, because the 5 price of copies of large quantities really does vary. You 6 might also check with the prison system. 7 SHERIFF HIERHOLZER: Well, the only other 8 thing I've got to really be careful about is, because of the 9 security issues of some of the documents and that, I've got 10 to be careful where we have it printed. 11 JUDGE HENNEKE: We have a source for the 12 funds? 13 MR. TOMLINSON: I would say Nondepartmental. 14 JUDGE HENNEKE: Contingency? 15 COMMISSIONER LETZ: Do you have any money in 16 your budget? 17 SHERIFF HIERHOLZER: No. I have some 18 where -- where, with the point we're at in the budget, 19 there's going to be some amendments we have to make, just 20 because of some of the things that have changed. I'm hoping 21 at the end, y'all will get that amount returned back to you 22 at the end of the budget year. I don't believe in spending 23 every penny we got. But currently, no, we've looked at it, 24 and in preparing for our budget for next year, I don't see 25 where we can come up with that amount of money. If I take 57 1 it out of Operating Supplies, which is probably our largest 2 line item right now, it very well may cut us short, or it 3 will probably cut us short at the end of the year. Now, if 4 you'd rather do that, then we'll just make amendments to 5 straighten that out later. 6 JUDGE HENNEKE: What about the radio project 7 line item? Are we going to -- 8 SHERIFF HIERHOLZER: I haven't used any of 9 that. What's been spent out of that is what Trott has 10 charged the Court for doing that. But, we have -- have 11 stayed away from that, and there is plenty of funds in that 12 account. 13 COMMISSIONER LETZ: I'd probably rather take 14 it out of Contingency right now, because -- I mean, it 15 doesn't make any difference long-term. We're not going to 16 use the radio fund money probably this year. 17 JUDGE HENNEKE: Well, if -- my thinking is we 18 may run out of Contingency before the end of the year. 19 COMMISSIONER LETZ: We can transfer to 20 Contingency from there. It's -- this kind of fits 21 Contingency, to me. 22 JUDGE HENNEKE: All right. 23 COMMISSIONER LETZ: I'll make a motion to 24 authorize the -- the printing of 100 copies of the Policy 25 and Procedures manual, and binders for the Sheriff's 58 1 Department, in an amount not to exceed 4,000 -- $4,000, and 2 request the Sheriff to get at least five bids on that price 3 before he goes with any vendor. 4 SHERIFF HIERHOLZER: I will attempt -- I 5 don't know how many printing companies we have locally, and 6 it's just mainly on the background of those, if I can find 7 five that I feel okay with the security issues, then I'll be 8 more than happy to -- I'll definitely get more than just 9 one, but I'd hate to be tied down to have to go hunting for 10 five that I know well enough to know security-wise. 11 COMMISSIONER GRIFFIN: I think three would 12 give us a pretty good -- 13 COMMISSIONER LETZ: I just -- it's a request, 14 not a requirement, you know. I just think that this price 15 varies so much. And I understand the security issue, but 16 the other side of that is, I don't think most companies that 17 print it even know what they're printing. I mean, if you go 18 to any of these outfits, they don't -- they have no clue 19 what they're doing. So, I mean, they're just going to run 20 copies. 21 COMMISSIONER GRIFFIN: There are at least 22 three local vendors that I can think of offhand that -- that 23 could handle the job, probably, in a secure way, and I think 24 if we got at least three, that we'd have a feel that we get 25 as good a price as we can probably get. 59 1 COMMISSIONER WILLIAMS: Three's a good 2 number. 3 JUDGE HENNEKE: Do I have a second? 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner Letz, 6 second by Commissioner Griffin, that the Court authorize 7 paying for 100 copies of the Kerr County Sheriff's 8 Department Policy and Procedures manual, and binders for 9 each in an amount not to exceed $4,000, upon the receipt by 10 the Sheriff of not more than -- of not less than three bids 11 for such printing, with funds to come from the 12 Nondepartmental Contingency line item. 13 SHERIFF HIERHOLZER: The only other thing I'd 14 like to do is request a copy of that court order approving 15 adopting the manual so I can have it attached with the 16 manual that shows the date this manual was adopted. 17 JUDGE HENNEKE: Any further questions or 18 comments? If 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: Motion carries. At this 23 time, we need to take up some things that are time-posted. 24 Let's go to Item Number 12, which is open the bids for the 25 Kerr County depository contract. 60 1 (Discussion off the record.) 2 JUDGE HENNEKE: We have two bids that have 3 been presented. The first is from Union State Bank, I 4 believe. 5 COMMISSIONER LETZ: Yes. 6 COMMISSIONER GRIFFIN: Judge, I would -- as I 7 mentioned to you a little bit earlier, I would like to 8 recuse myself on this item, since I am a very small, but a 9 -- but a shareholder in a local bank, and I don't know 10 whether they even submitted a bid or not, but I don't want 11 to be part of the deliberations on the -- 12 COMMISSIONER LETZ: I think you're safe. 13 JUDGE HENNEKE: Let the record reflect that 14 Commissioner Griffin has recused himself, and we need to 15 schedule a deliberation on the depository question. We have 16 one bid from Union State Bank and one bid from Security 17 State Bank, and both of which are accompanied by a cashier's 18 check, apparently in the appropriate amount. At this time, 19 I'd entertain a motion to accept the bids and refer them to 20 the County Treasurer and Auditor for evaluation and 21 recommendation. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER WILLIAMS: Second. 24 JUDGE HENNEKE: Moved by Commissioner Letz, 25 seconded by Commissioner Williams, that the Court accept the 61 1 bids from Security State Bank and Trust and Union State Bank 2 and refer them to the County Treasurer and Auditor for 3 recommendation to the Court. Any further questions or 4 comments? If not, all in favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Barbara, do 9 you think you can get back to us today with a 10 recommendation? No? Can you get back tomorrow, or do we 11 have to bring this back at our next meeting? 12 MR. TOMLINSON: I'm going to be out of town. 13 JUDGE HENNEKE: That's right, you're gone 14 tomorrow and the rest of the week. Okay. We'll just put it 15 on the agenda for the next meeting. 16 MR. TOMLINSON: It may be fairly 17 straightforward, so maybe -- may be easy to do, but I don't 18 think we can do it today. 19 JUDGE HENNEKE: If we don't hear from y'all 20 today, we'll just put it on the agenda for the 29th. 21 MR. TOMLINSON: There's another issue that's 22 coming up on -- oh, well, no, it would be before that. I'm 23 thinking about for the 6th of June. That's a different 24 issue. I'm sure we can do it by then. I'd rather do it 25 prior to the 29th, because if we make a change, it will be 62 1 awfully difficult to change. 2 JUDGE HENNEKE: Well, if y'all -- y'all look 3 at it and advise us it's absolutely, absolutely necessary, 4 we can have a special meeting to do that, but only if we 5 absolutely have to. Okay. 6 COMMISSIONER BALDWIN: Commissioner Griffin, 7 your bank didn't get it. 8 COMMISSIONER GRIFFIN: Okay, good. 9 JUDGE HENNEKE: We'll go to Item Number 14, 10 which is a public hearing concerning abandoning, 11 discontinuing, and vacating Treiber Trail, an undeveloped 12 platted road easement in Japonica Hills Subdivision. At 13 this time, the Court will recess its meeting and open a 14 public hearing. 15 (The regular Commissioners Court meeting was closed at 10:05 a.m., and a public hearing 16 was held in open court, as follows:) 17 P U B L I C H E A R I N G 18 JUDGE HENNEKE: Is there anyone from the 19 public who'd like to address the Court on the issue of 20 abandoning, discontinuing, and vacating Treiber Trail, an 21 undeveloped platted road easement in Japonica Hills 22 Subdivision? Is there anyone here who'd like to address the 23 Court on this issue? 24 (No response.) 25 JUDGE HENNEKE: Once again, is there anyone 63 1 here who'd like to address the Court on the issue of 2 abandoning, discontinuing, and vacating Treiber Trail, an 3 undeveloped platted road easement in Japonica Hills 4 Subdivision? 5 (No response.) 6 JUDGE HENNEKE: Seeing no one come forward, 7 we'll close the public hearing and return to the 8 Commissioners Court meeting. 9 (The public hearing was concluded at approximately 10:06 a.m., and the regular 10 Commissioners Court meeting was reopened.) 11 - - - - - - - - - - 12 JUDGE HENNEKE: The next item for 13 consideration is Item Number 15, which is consider and 14 discuss abandoning discontinuing and vacating Treiber Trail, 15 an undeveloped platted road easement in Japonica Hills 16 Subdivision. Commissioner Griffin. 17 COMMISSIONER GRIFFIN: Yes. The Court will 18 probably recall that at the last session we had, the 19 homeowner's association of Japonica Hills, represented by 20 Mr. Don Townsend, who presented the petitions from the -- 21 from the landowners in the subdivision that -- to abandon, 22 discontinue, and vacate this particular undeveloped road 23 easement. It was never developed after the subdivision 24 was -- was platted in 19 -- gosh, I don't have the year. I 25 thought I did. But, at any rate, it's pretty 64 1 straightforward. They don't want the road there, and 2 they're willing to -- to abandon it, and I would make a 3 motion that we abandon, discontinue, and vacate Treiber 4 Trail -- 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER GRIFFIN: -- in Japonica Hills. 7 COMMISSIONER LETZ: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Griffin, second by Commissioner Letz, that the Court 10 abandon, discontinue, and vacate Treiber Trail, an 11 undeveloped platted road easement in Japonica Hills 12 Subdivision. And, I'll remind the Court that for this to be 13 effective, it takes unanimous vote of all the Commissioners 14 present. Any further questions or comments? If not, all in 15 favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: All opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Next item 20 for consideration is Item Number 16, which is a public 21 hearing for abandoning, discontinuing, and vacating Kerr 22 County maintenance of Verde Mesa Drive E. in Vista Ridge 23 Subdivision. At this time, the Court will recess its 24 meeting and open a public hearing on the issue of 25 abandoning, discontinuing, and vacating Kerr County 65 1 maintenance in Verde Mesa Drive E. in Vista Ridge 2 Subdivision. 3 (The regular Commissioners Court meeting was closed at 10:08 a.m., and a public hearing 4 was held in open court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE HENNEKE: Is any there anyone here from 7 the public who'd like to address the Court on the issue of 8 abandoning, discontinuing, and vacating Verde Mesa Drive E. 9 in Vista Ridge Estates as a County-maintained road? Once 10 again, is there anyone here from the public who'd like to 11 address the Court during this public hearing on the issue of 12 abandoning, discontinuing, and vacating Kerr County 13 maintenance of Verde Mesa Drive E. in Vista Ridge 14 Subdivision? 15 (No response.) 16 JUDGE HENNEKE: One more time, is there 17 anyone here who would like to address the Court on the issue 18 of abandoning, discontinuing, and vacating Verde Mesa Drive 19 E. in Vista Ridge Estates as a County-maintained road? 20 (No response.) 21 JUDGE HENNEKE: Seeing none, we will adjourn 22 this public hearing and return to the regular Commissioners 23 Court meeting. 24 (The public hearing was concluded at approximately 10:09 a.m., and the regular 25 Commissioners Court meeting was reopened.) 66 1 JUDGE HENNEKE: The next issue for 2 consideration is Item Number 17, which is consider 3 abandoning, discontinuing, and vacating Kerr County 4 maintenance of Verde Mesa Drive E. in Vista Ridge 5 Subdivision. 6 COMMISSIONER WILLIAMS: This is a small 7 subdivision, Judge, in the eastern part of Precinct 2 off of 8 Highway 173. It's a 12-acre -- 12-lot subdivision with a 9 road, I believe, Mr. County Engineer, that was originally 10 built to county standards; is that correct? 11 MR. JOHNSTON: It is. 12 COMMISSIONER WILLIAMS: And I believe that 13 probably this has changed hands and the new developer wants 14 to gate it, make it a gated community. 15 MR. JOHNSTON: I don't think there's been any 16 houses built in this subdivision. A new developer bought 17 the entire acreage and wants to install a gate with -- have 18 a gated community. 19 COMMISSIONER WILLIAMS: I would move 20 abandoning, discontinuing, and vacating Kerr County 21 maintenance of Verde Mesa Drive East in the Vista Ridge 22 Subdivision to allow landowners to install a gate. 23 COMMISSIONER BALDWIN: Second, with a 24 question. What is the length of that road, Mr. Engineer? 25 MR. JOHNSTON: There's a plat, I think, in 67 1 your packet. I don't know off the top of my head what the 2 length is, but -- 3 COMMISSIONER WILLIAMS: Commissioner, it's 4 probably no more than -- 5 MR. JOHNSTON: Might be a mile. 6 COMMISSIONER WILLIAMS: I was going to say no 7 more than a half, three-quarters of a mile, basically going 8 uphill to the top hill up there, kind of winds around to a 9 cul-de-sac on top. 10 MR. JOHNSTON: Yeah, it's a dead-end road, 11 ends in a cul-de-sac. 12 COMMISSIONER WILLIAMS: One way in, one way 13 out. 14 JUDGE HENNEKE: We have a motion by 15 Commissioner Williams, second by Commissioner Baldwin, that 16 the Court approve abandoning, discontinuing, and vacating 17 Kerr County maintenance of Verde Mesa Drive E. in Vista 18 Ridge Subdivision. Any further questions or comments? If 19 not, all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Let's go 24 back to Item Number 10, which is consider and discuss 25 approval of contract with Kerr County Animal Control Officer 68 1 for transportation and housing of estray animals. Sheriff 2 Hierholzer? 3 SHERIFF HIERHOLZER: This is really pretty 4 simple. Every Sheriff's Department that handles estray 5 animals, meaning the ones that are unclaimed, found on 6 someone else's property, or found out on public roads that 7 we can't find the owner, you have to haul them in. You have 8 to have somebody haul them in. Then we have to go through 9 the advertisement and the estray laws to be able to dispose 10 of those animals or get them back to the appropriate owners. 11 The Sheriff's Department currently does not have a contract 12 with anybody that -- to transport these animals or haul 13 these animals in, and Marc Allen with Animal Control has 14 been kind enough to be able to do that for us any time we 15 need it, and I feel that we should just formally have a 16 contract with Animal Control to -- Marc Allen to transport 17 those animals and house them until we can go through all the 18 procedures to dispose of them. And, that way, Marc can bill 19 the Sheriff's Office for those expenditures he goes through 20 to transport them. 21 COMMISSIONER BALDWIN: I agree. 22 JUDGE HENNEKE: Marc, do you have any 23 questions or comments? 24 MR. ALLEN: No. Everything is working fine. 25 We just want to get our contract. 69 1 JUDGE HENNEKE: Mr. Lucas, is this what we 2 need to do, in your opinion? 3 MR. LUCAS: I -- 4 SHERIFF HIERHOLZER: Mr. Lucas hasn't even 5 observed it. It is required, and this is -- the contract 6 itself is straight out of the estray book put out by the 7 group -- the Association of Cattle Ranchers and that. It is 8 straight out of the law book on what we have to have. It's 9 a form contract used by every department. It's not anything 10 -- the front page -- it's just a one-page contract, Judge. 11 The backup to that is just what the estray laws and that 12 are. 13 COMMISSIONER LETZ: My question is, this 14 seems strange -- well, I don't think Marc Allen has the 15 authority to sign a contract. I mean, I think the Court -- 16 I mean, the form may be fine, but I think the Court needs to 17 sign the contract; I don't think you have authority to sign 18 a contract. I mean, it's just -- I mean, basically, to me, 19 it's a directive of the County -- of the Commissioners Court 20 that this is how it's going to be. I don't see that you 21 need a contract between two County agencies or departments 22 when we're the only body that has authority to contract. 23 JUDGE HENNEKE: I think that's a very good 24 point. 25 COMMISSIONER BALDWIN: It's a great question. 70 1 COMMISSIONER GRIFFIN: Could we do it by 2 court order, if we had an order that just said that we would 3 allow billing and exchange of funds that happens between two 4 departments based on the requirements? 5 COMMISSIONER LETZ: Yeah. I mean -- 6 COMMISSIONER GRIFFIN: Do that by court 7 order. Wouldn't have to have a -- 8 SHERIFF HIERHOLZER: Or agreement or 9 something that -- it is a requirement that we have an 10 agreement or something with somebody. The former Sheriff 11 always did it with a private citizen. I just feel it would 12 be easier and we work a lot better together with keeping it 13 with all of us. That way Marc's got access to the -- to the 14 storage facilities and the holding. 15 COMMISSIONER LETZ: I think a court order's 16 the way to go. 17 JUDGE HENNEKE: I think a court order 18 approving the arrangement between Animal Control and the 19 Sheriff's Department, as evidenced by this document, would 20 be in order. 21 SHERIFF HIERHOLZER: Okay. 22 COMMISSIONER BALDWIN: I agree. My only 23 question is, are you willing to transfer that pickup that 24 you drive over? That was the reason that truck was bought. 25 SHERIFF HIERHOLZER: No. That pickup has -- 71 1 unfortunately, with all the events over the last year, with 2 the -- the fires and everything else, I'm very glad I have 3 that pickup, and I hope to have it for another 10 years. 4 COMMISSIONER BALDWIN: I'm glad you have it, 5 and I hope do you have it for another 10 years. 6 COMMISSIONER GRIFFIN: I would make the 7 motion that we -- that we approve an order. 8 JUDGE HENNEKE: With the arrangement -- 9 COMMISSIONER GRIFFIN: With the arrangement 10 as specified in the document as presented. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Griffin, second by Commissioner Baldwin, that the Court 14 approve the arrangement between the Kerr County Animal 15 Control Department and the Kerr County Sheriff's Department 16 regarding the handling of estray animals, as represented by 17 the estray animal contract presented to the Court. 18 COMMISSIONER LETZ: Only question I have 19 is -- and I'll refer it to the County Attorney -- whether, 20 as posted, we can do this. I mean, it's pretty specific. 21 It says, "consider and discuss approving" -- 22 MR. LUCAS: This is the first I'm -- 23 COMMISSIONER LETZ: But the way it's posted, 24 it says, "Consider and discuss approving contract with Kerr 25 County Animal Control Officer, Marc Allen, for 72 1 transportation and housing of estray animals." As I read 2 that -- 3 MR. LUCAS: To make it really clean and 4 simple, I hate to say this, but you ought to bring it back. 5 SHERIFF HIERHOLZER: That's fine. 6 COMMISSIONER WILLIAMS: I didn't hear what 7 you said. 8 COMMISSIONER GRIFFIN: Withdraw the motion. 9 JUDGE HENNEKE: Motion withdrawn. We're 10 going to bring this back after the County Attorney's had a 11 chance to glance at it. We'll get the wording worked out. 12 SHERIFF HIERHOLZER: That's all we're -- 13 COMMISSIONER GRIFFIN: The sense of the Court 14 is, I think we're going to do it. 15 COMMISSIONER LETZ: We're going to do it. 16 Just a matter of doing it correctly. 17 JUDGE HENNEKE: Moving to Item Number 11, 18 consider and discuss appointment of the Environmental Solid 19 Waste Code Enforcement Officer, Mr. Holekamp. 20 MR. HOLEKAMP: What I'm doing is I'm asking 21 Commissioners Court to allow us to hire and Environmental 22 Solid Waste Code Enforcement Officer by the name of Eddie 23 North -- Edward North to administer the -- administer and to 24 handle all solid waste complaints and filing on these 25 violators. 73 1 COMMISSIONER WILLIAMS: His license would be 2 carried by Constable McClure? Is that the intent? 3 MR. HOLEKAMP: That is correct. 4 COMMISSIONER WILLIAMS: Okay. 5 COMMISSIONER GRIFFIN: Is there -- can you 6 give us 30 seconds on Mr. North's background? Has he got 7 some background in this area or -- 8 MR. HOLEKAMP: Oh, yes. He was an 9 investigator for the Sheriff's Department for several years. 10 Prior to that, he was in Bexar County as a deputy constable, 11 and had quite a bit of experience in I guess what you call 12 litter laws and that sort of thing. So, what -- I would 13 imagine he has 25 years experience in law enforcement, most 14 recently in San Antonio as a constable with -- a deputy 15 constable. 16 COMMISSIONER GRIFFIN: That's enough. Just 17 wanted it for the record. And, would this be effective 18 immediately? 19 MR. HOLEKAMP: Yes, sir, preferably. 20 COMMISSIONER GRIFFIN: So moved. 21 COMMISSIONER WILLIAMS: Second. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Griffin, seconded by Commissioner Williams, that the Court 25 appoint Edward North as the Solid Waste Code Enforcement 74 1 Officer effective immediately, with his peace officer's 2 license to be carried by Constable McClure in Precinct 1. 3 COMMISSIONER BALDWIN: I've got a question. 4 JUDGE HENNEKE: Questions or comments? 5 COMMISSIONER BALDWIN: Yes. What phone 6 number can I or the general public find this man? 7 MR. HOLEKAMP: 257-7393. 8 COMMISSIONER BALDWIN: Is that your place? 9 MR. HOLEKAMP: Yes, sir. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE HENNEKE: Any further questions or 12 comments? 13 COMMISSIONER WILLIAMS: One quick 14 clarification. You have sufficient dollars in that to carry 15 you through the remainder of the budget year? 16 MR. HOLEKAMP: Yes, sir. It is -- and y'all 17 understand, it is a part-time position. 18 COMMISSIONER WILLIAMS: Sixteen hours a week. 19 MR. HOLEKAMP: Fifteen to 16 hours a week, no 20 benefits. 21 JUDGE HENNEKE: Any other 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.) 75 1 JUDGE HENNEKE: Motion carries. 2 MR. HOLEKAMP: Thank you. 3 JUDGE HENNEKE: Thank you. I believe the 4 next item is Item Number 18, which is consider advertisement 5 for notice of public hearing to eliminate duplicate names 6 for County-maintained roads in Precincts 1 and 2, in 7 accordance with 911 guidelines and set public hearing for 8 same. Who's got this one? Commissioner Williams? 9 Commissioner Baldwin? 10 COMMISSIONER BALDWIN: I move that we approve 11 for public hearing July 7th, 2001, at 10 a.m. in the 12 Commissioners Courtroom, Kerr County. 13 COMMISSIONER WILLIAMS: Second. 14 COMMISSIONER LETZ: Question. The date -- 15 JUDGE HENNEKE: That's a Saturday. 16 COMMISSIONER BALDWIN: I'm just reading here. 17 Is it really? 18 JUDGE HENNEKE: It is, indeed. 19 COMMISSIONER BALDWIN: Franklin? Are you 20 coming in on that Saturday, Franklin? 21 MR. JOHNSTON: I didn't make this date. 22 COMMISSIONER BALDWIN: That is a Saturday. 23 JUDGE HENNEKE: I think the 6th is the day 24 we'll probably have our Commissioners -- that's a later 25 agenda item, but -- 76 1 COMMISSIONER WILLIAMS: 6th? 2 COMMISSIONER GRIFFIN: If you worded it that 3 it would be for the regular July session -- is that it? -- 4 then that will cover it. 5 COMMISSIONER BALDWIN: And July the 6th -- 6 Friday, July the 6th, is a regular Commissioners Court 7 meeting? 8 JUDGE HENNEKE: The regular meeting is 9 Monday, July the 9th, which is the date that the South Texas 10 Commissioners convention starts, so there's a later agenda 11 item to move that meeting to the 6th. 12 COMMISSIONER GRIFFIN: If his motion just 13 said the regular session, it's covered. 14 COMMISSIONER WILLIAMS: I'll accept the 15 change. 16 COMMISSIONER BALDWIN: Thank you, Bill. 17 JUDGE HENNEKE: We have a motion, I believe, 18 by Commissioner Williams, second by Commissioner Baldwin, 19 that the Court set a public hearing for July the 6th, Year 20 2001, at 10 o'clock a.m. in the Commissioners' Courtroom of 21 the Kerr County Courthouse to consider name -- road name 22 changes for county-maintained roads in Precinct 1 and 23 Precinct 2 in accordance with 911 guidelines, and authorize 24 advertisement of it. 25 COMMISSIONER WILLIAMS: Just a comment, 77 1 Judge. I think a lot of credit goes to Road and Bridge and 2 Truby for a lot of hard work done on this. She's worked 3 very carefully with Commissioners on this. There's a lot of 4 work involved in this, in tracking them down and finding how 5 to make the changes and making them hopefully acceptable to 6 those who will experience a change. So, I want to commend 7 them for a job well-done. Appreciate it. 8 JUDGE HENNEKE: Jonathan? 9 COMMISSIONER LETZ: My question was -- and 10 it's from a -- considering we're already going over with our 11 Notice budget and the date is so far in the future, was the 12 intent to do all four precincts at one time, or -- 13 COMMISSIONER GRIFFIN: No, to do them 14 separately. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER WILLIAMS: Because of volume, do 17 them two at a time. 18 COMMISSIONER GRIFFIN: Yeah, that was the -- 19 COMMISSIONER WILLIAMS: You're next. 20 COMMISSIONER LETZ: I knew they were working 21 on them, but okay. 22 JUDGE HENNEKE: Any further questions or 23 comments? If not, all in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 78 1 (No response.) 2 JUDGE HENNEKE: Motion carries. I think we 3 can get one more in here. Item Number 19 is consider and 4 approve name changes to eliminate duplicate names for 5 privately maintained roads in accordance with 911 6 guidelines. 7 COMMISSIONER WILLIAMS: Set a public hearing 8 on this? 9 JUDGE HENNEKE: No, it's privately 10 maintained. 11 COMMISSIONER WILLIAMS: So these have all 12 been worked out to the best of our knowledge; is that 13 correct? 14 COMMISSIONER BALDWIN: That is correct. 15 COMMISSIONER WILLIAMS: I would move that -- 16 let me find the page -- that we consider that and that we 17 approve the name changes to eliminate duplicate names for 18 privately maintained roads in accordance with 911 19 guidelines, as presented to Court today. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE HENNEKE: Motion -- 22 COMMISSIONER WILLIAMS: This is Precincts 1 23 and 2. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Baldwin, that the Court 79 1 approve name changes for privately maintained roads in 2 accordance with 911 guidelines in Precinct 1 and Precinct 2 3 to eliminate duplicate names pursuant to the schedules 4 presented for those precincts. Any further questions or 5 comments? If not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. At this 10 time -- 11 COMMISSIONER WILLIAMS: Can we do 20 real 12 quick? Some folks in the audience on that, Judge. That's 13 an easy one. 14 JUDGE HENNEKE: Okay. We'll take up Item 15 Number 20, consider the final plat of Shonto Ranch Estates, 16 Precinct 2. 17 COMMISSIONER WILLIAMS: This is in Precinct 18 2. It's a final -- it's a final plat approval of a 19 3-plat -- 3-lot subdivision -- I'll get it right in a 20 second -- bordering Turtle Creek on Highway -- State Highway 21 2771. Shonto Ranch Estates, I believe it is. Franklin? 22 MR. JOHNSTON: I think the road has been 23 constructed to country lane private road standards. It's 24 been tested, it's been inspected. Recommend approval. 25 COMMISSIONER WILLIAMS: I would move final 80 1 plat approval of Shonto Estates Ranch in Precinct 2 as 2 presented in the plat. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE HENNEKE: Motion by Commissioner 5 Williams, second by Commissioner Baldwin, that the Court 6 approve the final plat of Shonto Ranch Estates in Precinct 7 2. Any further questions or comments? If not, all in 8 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. We will be 13 adjourned. Let's come back at 10:45. 14 COMMISSIONER GRIFFIN: Recessed. 15 JUDGE HENNEKE: Recessed. Come back at 16 10:45. 17 (Recess taken from 10:30 a.m. to 10:45 a.m.) 18 - - - - - - - - - - 19 JUDGE HENNEKE: It's 10:45 on Monday, May 20 14th, Year 2001. We'll reconvene the regular Commissioners 21 Court meeting. The next item for consideration is Item 22 Number 21, which is the concept plan for Hutte Acres, 23 Precinct 2, and variances for lot frontage and lot size. 24 Commissioner Williams. 25 COMMISSIONER WILLIAMS: County Engineer? 81 1 MR. JOHNSTON: This is an acreage on Deer 2 Park Lane that has -- it's just a little bit less than 3 10 acres, and they want to divide it into two lots. The 4 well lot's 4.986, and they wanted some assurance, before 5 they go to the expense to replat, that that would qualify as 6 a -- you know, a 5-acre lot. And the only other obstruction 7 would be that they don't have the 200-foot frontage. The 8 lot's kind of pie-shaped, and it could never be divided 9 further than this. The deed restrictions are 5-acre minimum 10 lot size in that area. One side there has a -- has a 11 residence on it. This other acreage is just acreage. 12 JUDGE HENNEKE: Time-out here. If the deed 13 restrictions say 5-acre minimum, do they have a waiver from 14 the homeowners' association? 15 MR. JOHNSTON: That I don't know. 16 JUDGE HENNEKE: I don't think we should 17 address the issue of lot sizes from our point of view unless 18 they have already cleared up any impediments -- 19 MR. JOHNSTON: I'm not sure they have a 20 homeowners' -- 21 JUDGE HENNEKE: Well, you said the deed 22 restrictions, so somebody -- unless they got that cleared 23 up, the Court can't override that deed restriction. 24 COMMISSIONER GRIFFIN: Yeah. If there is 25 one -- yeah, if there is a deed restriction, I wouldn't 82 1 think we do. 2 JUDGE HENNEKE: 'Cause the homeowners' 3 association -- they could go to the owners' association and 4 get a waiver, but I think that needs to be done before it 5 comes to us. 6 COMMISSIONER LETZ: I think -- 7 MR. JOHNSTON: This is a concept plan, 8 anyway. They're not asking -- they just kind of want to 9 acknowledge -- 10 JUDGE HENNEKE: Well, the agenda item talks 11 about variances, but it's -- 12 COMMISSIONER LETZ: The variance we wouldn't 13 do until preliminary plat. That's the way we'd be handling 14 this, is that we do it at the preliminary period. If it 15 gets to that point, I think the Judge is certainly correct, 16 it's got to be answered before we can do a variance. But, 17 the -- I mean, from a "feeling of the Court" standpoint, or 18 my personal feeling, I mean, I would grant a variance on the 19 acreage issue on this one, if we can. 20 JUDGE HENNEKE: I don't disagree with that. 21 But, I don't want to -- 22 COMMISSIONER GRIFFIN: Just -- if there's a 23 deed restriction, we can't unilaterally undo the deed. 24 JUDGE HENNEKE: I want to make sure we don't 25 set up a situation where we grant a variance which is 83 1 contrary to what's in the deed, and then they act on what 2 we've done and then we find ourselves in the middle of a 3 dispute. 4 MR. JOHNSTON: Yeah, they need to have that 5 resolved. 6 COMMISSIONER WILLIAMS: Check this out, bring 7 it back next time. 8 MR. JOHNSTON: Mm-hmm. 9 COMMISSIONER GRIFFIN: I don't know details 10 here, but just a suggestion. Would it -- I assume that this 11 lot over here is served by the -- where the residence is has 12 got a well on it? 13 MR. JOHNSTON: Yes, I think it does. 14 COMMISSIONER GRIFFIN: Just so that there's 15 not a problem in the future, if that were mine, I would 16 go -- I would punch this line around a little bit and make 17 the lot where the residence is the one that's 4.986, and 18 make the other one 5 acres. That undeveloped lot would be 19 5 acres. Now you've got free rein to do whatever with that 20 one you want to do, rather than doing it this way, where 21 the -- whoever buys that 4.986 might have a problem if we 22 don't grant a variance for water availability. 23 COMMISSIONER WILLIAMS: I think that's a good 24 suggestion. 25 MR. JOHNSTON: Good point. 84 1 COMMISSIONER WILLIAMS: Just reverse them. 2 COMMISSIONER LETZ: What's the frontage on 3 Deer Park, the total now? 4 MR. JOHNSTON: It's not written on there, 5 unless it's in that letter. I don't think that its 200-foot 6 now. I think it's not even enough to meet the current 7 requirement. 8 COMMISSIONER GRIFFIN: We need to know what 9 that is before we grant a variance, when it comes back. 10 MR. JOHNSTON: 103 feet, maybe. I'm not 11 sure. But, I think they just kind of wanted a feeling 12 that -- you know, even now it wouldn't meet the minimum 13 requirements, but it's grandfathered in. 14 JUDGE HENNEKE: Is that Deer Park Lane a 15 cul-de-sac that ends -- 16 MR. JOHNSTON: No, it's a continuing road. 17 JUDGE HENNEKE: Goes all the way through? 18 MR. JOHNSTON: It goes from Highway 16 to 19 Lower Turtle Creek Road. 20 COMMISSIONER WILLIAMS: Bring it back. 21 MR. JOHNSTON: Okay. I don't think the owner 22 is here on that one. 23 JUDGE HENNEKE: Next item would be Item 24 Number 22, consider the preliminary revision of plat for 25 Lots 97, 98, 100, 101, 117B, 117C, 117D, 119C, and 119D of 85 1 Falling Water, Precinct 3. 2 COMMISSIONER LETZ: Franklin, Dale, I'll let 3 y'all explain what y'all are doing. 4 MR. JOHNSTON: I think this is kind of -- 5 there's two sections. You have the plat there that shows 6 the before and after. On the -- on Page 2 on the left-hand 7 quadrant, let's see, they're combining lots, which is a good 8 feature. I think they're taking three lots and making two 9 lots out of them on 117. On Lot 98, they're adding Letter 10 A, which we -- we dealt with, I think, by a court order a 11 while back to change the designation on that lot. This one 12 will actually -- 13 MR. CRENWELGE: Housecleaning. 14 MR. JOHNSTON: Housecleaning item. Go ahead 15 and put that on there. 16 MR. CRENWELGE: We're not increasing the 17 number of lots. We're just -- we have nine lots, and 18 redoing it, making nine lots. 19 MR. JOHNSTON: After the combination on the 20 left-hand side, on the right-hand side they add a lot. It 21 looks like the average lot size over there is about 2 and a 22 half acres, little less. 23 COMMISSIONER LETZ: My only question I would 24 have -- and I'm not sure I know the answer; I'm not sure 25 I've looked at one like this -- is whether this would 86 1 require a public notification. When you combine lot sizes, 2 you -- we are giving a variance, so you do not need to do a 3 public notification. That's something we left out of the 4 Subdivision Rules which will be added back in. So, the Lot 5 117, that would not require a notification on a stand-alone 6 basis, but on the other one, splitting a lot probably does 7 require public notification. So, I think that the public -- 8 I don't have any problem with it, but it's just going to 9 take -- you have to notify everybody. 10 MR. JOHNSTON: I think it does. 11 JUDGE HENNEKE: Does it require public 12 hearing or just notification? 13 MR. JOHNSTON: I think it's where you send 14 out letters and have a public hearing, isn't it? 15 MR. LUCAS: Jonathan, is this -- this is a 16 revision, right? 17 COMMISSIONER LETZ: This is a revision. 18 MR. LUCAS: So we do, according to 232.009. 19 COMMISSIONER LETZ: Right. 20 MR. LUCAS: We've got to have a -- 21 COMMISSIONER LETZ: I was actually reading -- 22 I was just looking at the language. It doesn't really call 23 it a public hearing. That's what I was -- 24 MR. LUCAS: Right. 25 COMMISSIONER LETZ: It says you have to 87 1 notify of the meeting when you're going to make the change. 2 MR. LUCAS: Yeah. 3 COMMISSIONER LETZ: It doesn't say you have 4 to have a 30-day -- 5 MR. LUCAS: Notice -- notice includes a 6 statement of the time and place at which the Court will meet 7 to consider the application and to hear protests to the 8 revision of the plat. 9 COMMISSIONER LETZ: Right. I don't know 10 if -- that doesn't -- that doesn't say we have to have a 11 public hearing. 12 JUDGE HENNEKE: Not a public hearing, but we 13 have to publish when we're going to take up the final 14 revision. 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER BALDWIN: That's publish in the 17 paper? Or do you write the -- 18 MS. KNEESE: You have to notify the property 19 owners, too. 20 MR. LUCAS: You have to do both. General 21 circulation, three times, and also notify all the -- all the 22 owners in that area. 23 JUDGE HENNEKE: Thank you, State of Texas. 24 MR. CRENWELGE: All the owners of the 25 subdivision or within this small area? 88 1 COMMISSIONER LETZ: I think the subdivision. 2 MR. LUCAS: If all of the -- part of the 3 subdivided tract has been sold to nondeveloper owners, the 4 Court shall also give notice to each of those owners by 5 certified or registered mail. 6 COMMISSIONER LETZ: Everyone in the 7 subdivision. 8 MR. JOHNSTON: Part of the subdivision. 9 MR. CRENWELGE: Yeah. This is not that big a 10 deal. We're trying to do a little housecleaning. 11 JUDGE HENNEKE: Talk to your Legislature. 12 Okay. So, I think what we need to do, if it's the Court's 13 pleasure, is to approve the preliminary plat, which I don't 14 sense any disagreement with, but also set the time. It's 15 going to have to be at least a month out when we can take up 16 any final plat. Is that accurate? 17 COMMISSIONER LETZ: And, for a time, I'd say 18 second meeting in June. I mean, just to give everyone a 19 little bit of time -- little bit of time, when we would do 20 the final plat. 21 MS. KNEESE: Have to get the names and 22 addresses of all the property owners. 23 JUDGE HENNEKE: And the developer would have 24 to provide you that. 25 COMMISSIONER LETZ: I'll make a motion that 89 1 we -- we approve the preliminary revision of Lots 97, 98, 2 100, 101, 117B, 117C, 117D, 119C and 119D, Falling Water 3 Subdivision, and set the date for the consideration of final 4 plat approval for our second meeting in June. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE HENNEKE: Second? Motion by 7 Commissioner Letz, second by Commissioner Williams. Any 8 further questions or comments? 9 COMMISSIONER LETZ: We should make sure -- 10 Dale, will that meet your time -- is that too soon for you? 11 MR. CRENWELGE: No, that's fine. That's 12 fine. 13 JUDGE HENNEKE: 10 o'clock a.m. on the second 14 meeting in June, which is the fourth Monday. Does anyone 15 have a calendar? 16 COMMISSIONER BALDWIN: Yes. 17 JUDGE HENNEKE: Let's get the date, do it 18 right. What's the date, Thea? 19 COMMISSIONER WILLIAMS: Second meeting in 20 June? 25th. 21 MS. SOVIL: 25th. 22 JUDGE HENNEKE: 25th. 10 o'clock a.m., 25th 23 of June, for the consideration of the final plat -- final 24 revision of plat for the lots enumerated. Okay. Does 25 anyone have any questions? Okay. If there are no questions 90 1 or comments, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Okay. Next 6 item is Item Number 23, consider the preliminary plat for 7 Cypress Springs Estates, Phase II, and consider granting a 8 variance for lot sizes. Commissioner Griffin. 9 COMMISSIONER GRIFFIN: Yes. This is a 10 revisit on one that we -- an item that we did a month or two 11 ago. Commissioner Letz and I had discussed some of this. 12 In fact, I'm going to ask Commissioner Letz if you'll 13 restate your -- your logic on this, and then we'll also want 14 to hear if there are any changes that you have made to this 15 from that last proposal that we -- 16 MR. CRENWELGE: No. 17 COMMISSIONER GRIFFIN: -- that you had. 18 MR. CRENWELGE: Still 120 lots on 400 acres. 19 COMMISSIONER LETZ: The -- the logic -- I 20 hate to use the word "logic" whenever I go back and test my 21 memory, but I think the thought process, anyway, was this is 22 a subdivision that first came to the Court as a large 23 subdivision. It was going to have, I don't know, roughly 24 1,000 acres, something like that, Cypress Springs. And, it 25 was with the intention of -- the number of lots and the road 91 1 sizes and all that was scaled for the -- to have basically 2 1-acre lots. It was wasn't going to be, but it could have 3 been to 1-acre lots. And, the Court at the time looked at 4 the overall plan, and, you know, certainly in -- under the 5 discussion -- I won't say that the Court totally told the 6 developer, but we went into the discussion; we were aware of 7 the total concept of the subdivision. But, it was platted 8 in phases, with the back portion to be platted as -- platted 9 as one large lot, and I think there's, like, a 400-acre lot, 10 something like that. Since then, we changed our Subdivision 11 Rules and changed the number of lot sizes substantially -- 12 the minimum lot size substantially, and the issue was to 13 basically -- we've changed the rules in the middle of a 14 development. And, Larry and I met with the developer and 15 came up with a -- you know, what was an agreement between 16 the -- I guess the developer, Frank, Larry, and myself. 17 It's a situation where the next phase would be at an interim 18 period where there'd be a minimum or average lot size of 19 3 acres, and the final phase would be an average lot size of 20 5 acres, which is our current rules, but basically get there 21 in steps. And that's kind of, I think, where we are. 22 MR. CRENWELGE: It would be 3 and a third, 23 yeah. 24 COMMISSIONER LETZ: Three and a third. 25 COMMISSIONER GRIFFIN: Three and a third. At 92 1 the time that we had made that original approval, it was 2 2 and a half, so it was a -- this -- this second phase exceeds 3 the old criteria, and the last phase will meet the -- 4 actually meet the current criteria of 5 acres. 5 JUDGE HENNEKE: Are these lots on a -- 6 COMMISSIONER LETZ: Water system. 7 JUDGE HENNEKE: Is it a water system, not 8 individual wells? 9 COMMISSIONER LETZ: Right. This is a central 10 water system, so actually they could have gone to 1-acre lot 11 sizes originally, and they weren't ever going to go to that 12 density. They never intended to go to 1 acre, but they 13 could have. 14 JUDGE HENNEKE: So, if there's a water 15 system, they could have, under our current rules, if this 16 was a brand new subdivision, 80 lots. 17 COMMISSIONER LETZ: Right, depending on 18 the -- 19 JUDGE HENNEKE: Four hundred acres divided by 20 five. 21 COMMISSIONER LETZ: Eighty lots total. 22 JUDGE HENNEKE: They're asking for 120 lots, 23 which is 50 percent more than they're actually -- 24 COMMISSIONER GRIFFIN: Averages 3.3, rather 25 than -- 93 1 COMMISSIONER LETZ: Five. 2 COMMISSIONER GRIFFIN: -- than five. 3 JUDGE HENNEKE: But the proposal is that the 4 Phase III, they will be held to the 5-acre -- 5 COMMISSIONER LETZ: Right. 6 JUDGE HENNEKE: -- average requirement. 7 COMMISSIONER LETZ: Right. And I think it's 8 a situation that we really never talked about when we did 9 the new rules, what do you with do with something like this? 10 And, to me, it's -- you know, we're trying to move in a 11 direction from the County standpoint, but at the same time, 12 there's going to be several -- and this probably won't be 13 the last; there might be some other developments that are -- 14 you know, that were developed originally, the 15 infrastructure, but based on one scenario, they're asking to 16 change that. 17 COMMISSIONER GRIFFIN: After a quick look, I 18 don't think there are any in Precinct 4. 19 (Discussion off the record.) 20 JUDGE HENNEKE: Have they sent the requisite 21 letter yet regarding their capacity to handle the 22 additional -- 23 MR. JOHNSTON: I haven't seen it. 24 MR. CRENWELGE: They have enough capacity in 25 the first well to -- well, they have to do some 94 1 improvements, water storage tank on top, but the well has 2 enough capacity right now without drilling. 3 JUDGE HENNEKE: Have to get a letter from 4 T.N.R.C.C., under our rules, saying that they have the 5 capability to handle -- 6 MR. JOHNSTON: Enough connections. 7 MR. CRENWELGE: We have that already. 8 COMMISSIONER GRIFFIN: So, I would make a 9 motion that we approve the preliminary plat for Cypress 10 Springs Estates, Phase II, and grant a variance for the lot 11 sizes, as mentioned, at 3.3 average acres per lot. 12 COMMISSIONER LETZ: Second. 13 COMMISSIONER WILLIAMS: Would that embody the 14 understanding for the next phase in this same motion or not? 15 COMMISSIONER GRIFFIN: We can. I don't think 16 it's necessary, because -- because we may have a new rule by 17 the time Phase III comes around. 18 COMMISSIONER LETZ: Could be 10 acres. 19 COMMISSIONER BALDWIN: And Dale will find 20 some way to confuse the thing, I can tell you that. 21 COMMISSIONER GRIFFIN: Right. 22 JUDGE HENNEKE: Motion by Commissioner 23 Griffin, second by Commissioner Letz, that the Court approve 24 the preliminary plat for Cypress Springs Estates, Phase III. 25 COMMISSIONER GRIFFIN: Phase II. 95 1 JUDGE HENNEKE: Phase II, and grant a 2 variance to allow for 120 lots, at an average of 3.3 acres 3 per lot in Phase II only. 4 COMMISSIONER GRIFFIN: Okay. 5 COMMISSIONER LETZ: I would make a -- just a 6 general comment, that this -- even though there's a variance 7 on the lot size, this is the direction we're trying to go 8 with the Subdivision Rules on having larger greenbelt areas, 9 essentially, and more clustered development. I mean, it's 10 not exactly, but it's a -- it works out this way, and under 11 our -- a lot of the rules, you're getting some lot sizes 12 that are very small, and you get some that are fairly large 13 in areas that really -- 14 MR. CRENWELGE: There'll be a lot of green 15 area. 16 COMMISSIONER LETZ: So, I think it's 17 certainly going in the direction the County is trying to go. 18 The final comment I have is that there's no issues on roads. 19 All roads are going to be built to the specifications -- I 20 mean, there was some issue originally, but all of them are 21 going to be to County standards. 22 MR. JOHNSTON: To the local road standards. 23 MR. CRENWELGE: Yes. 24 JUDGE HENNEKE: Any further -- 25 MR. JOHNSTON: Are we going to allow them to 96 1 put the main road in to the local standard, and then put the 2 side roads in to lesser standards or smaller country lane 3 standards? That's the way the original was built. 4 COMMISSIONER GRIFFIN: I think that's right, 5 because they are private roads. I mean, this is -- this is 6 not a county-maintained -- 7 COMMISSIONER LETZ: It's all based on the 8 number of lots utilizing the road. The more lots, the 9 higher the standard is. 10 MR. JOHNSTON: Couple other comments I had. 11 The well tract is shown in this Phase II, but it's also part 12 of the Phase I platted subdivision, so that would be 13 something they have to redraw. And the two roads, Cypress 14 Estates Parkway and Oak Hampton Trail, it just dead-ends off 15 of the border on the left side there. And, till that Phase 16 III is developed, does that need to have a cul-de-sac so 17 people can actually turn around without just running into a 18 fence or whatever? I think we've done that in the past 19 where the -- 20 COMMISSIONER LETZ: Either you can do a 21 cul-de-sac or -- 22 MR. JOHNSTON: Do away with that. 23 COMMISSIONER GRIFFIN: Or widen it. 24 COMMISSIONER LETZ: Or build the end portion. 25 One of them, the Cypress Estates portion, it goes into 97 1 Simmons Point. Could you dead-end it and just leave an 2 easement through there and build it later? 3 MR. JOHNSTON: Yeah. Yeah. 4 COMMISSIONER GRIFFIN: Either way. 5 MR. JOHNSTON: Either way. 6 COMMISSIONER BALDWIN: So, it's going to be 7 an easement all the way to the property line? 8 COMMISSIONER LETZ: Well, there would be -- 9 MR. JOHNSTON: Well, that particular one has 10 a cul-de-sac. The one down below that just dead-ends. They 11 wouldn't have to build it all the way over; they just need 12 some way to turn around, or they'll be stuck back there. 13 COMMISSIONER BALDWIN: Is there an easement 14 all the way to the property line for possible future 15 traffic? 16 COMMISSIONER LETZ: It's Phase III. 17 COMMISSIONER GRIFFIN: It's Phase III of it. 18 COMMISSIONER BALDWIN: Oh, okay. 19 JUDGE HENNEKE: I hope the answer is no, but 20 is there any way this could be construed as a revision, 21 since this was perhaps platted as a large lot under Phase I? 22 MR. JOHNSTON: Talking about Phase III? 23 JUDGE HENNEKE: No, Phase II. My 24 understanding is that when they did this first -- 25 originally, Dale wasn't involved in it. It laid out Phase 98 1 I, then they had a big lot which is now being converted to 2 Phase II, and a bigger lot which is now being converted to 3 Phase III. 4 MR. JOHNSTON: There was actually a layout at 5 one time on Phase II, wasn't there, Lee? They had the roads 6 and everything shown. 7 MR. VOELKEL: Kind of a conceptual. Never 8 had it recorded as one lot. 9 MR. JOHNSTON: It wasn't recorded, but they 10 actually did have something like this all drawn out 11 originally. 12 JUDGE HENNEKE: We're not -- what I'm trying 13 to say is Phase II, which we're discussing now, was not 14 platted as part of the original plat as Lot whatever. 15 MR. CRENWELGE: Correct. 16 MR. JOHNSTON: No, it wasn't. 17 COMMISSIONER GRIFFIN: As conceptually shown. 18 MR. CRENWELGE: It was a conceptual plan. 19 JUDGE HENNEKE: That was the answer I wanted. 20 You're right, Dale. Any further questions or comments? If 21 not, we do have a motion on the floor. All in favor, raise 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 99 1 JUDGE HENNEKE: Motion carries. All right. 2 Next item is Item Number 24, consider the preliminary 3 revision of Lots 1, 17, 18, 19, 21, 22, 44, and common areas 4 in Cypress Springs Estates, Phase I. Commissioner Griffin. 5 COMMISSIONER GRIFFIN: Okay. Franklin, I'll 6 let you speak to this one. 7 MR. JOHNSTON: Phase I is where their office 8 is located, and it's kind of a funny looking lot. It's 9 sitting there in the entrance, then has a little narrow 10 strip going up to the fence line, and then it has another 11 section up there to meet the 1-acre requirement. 12 MR. CRENWELGE: Basically, what we're doing 13 on here in Phase I, we're trying to get three access points 14 to Phase II. Originally, it was conceived as one access 15 point on Cypress Estates Parkway, and we're going to -- on 16 the right side, we're going to put a road along the right 17 side, and then on the far left side by the well tract, we're 18 going to bring a road up through there. So, we're going to 19 have to replat Lots 21 and 22 to bring a road up through 20 there, and then, over on the right, where there was a common 21 area, we're going to put a road through on this next to the 22 common area, put two lots along there. And then down there 23 on the bottom where 17, 18, and 19 are, has -- there's a 24 transmission line running right through the middle of those 25 three lots, big KPUB transmission line. What we want to do 100 1 is add two more lots in there to justify the cost of moving 2 that transmission line to the rear of the property line, 3 kind of clean up the subdivision. Then, on Lot 44, we're 4 going to make two lots out of 44. 5 MR. JOHNSTON: And 46 and 47, that was an 6 area, if I'm not mistaken, where they dug a big old pit to 7 get the fill when they put these original roads in. Is that 8 still there, or -- 9 MR. CRENWELGE: Oh, no, it's been filled in. 10 Property owner's association gave this back to the 11 developer. 12 MR. JOHNSTON: Okay. 13 COMMISSIONER WILLIAMS: This is the well 14 tract that provides water for the other phase as well? 15 MR. CRENWELGE: Yes, sir. 16 MR. JOHNSTON: So, the lots in the other -- 17 left-hand corner would have issues of frontage and size? 18 MR. CRENWELGE: Frontage. 19 MR. JOHNSTON: But they're -- they are more 20 or less consistent with the other lot sizes in that area, I 21 mean. 22 COMMISSIONER GRIFFIN: And they meet the -- 23 they meet the standard that existed at the time Phase I was 24 platted? 25 MR. CRENWELGE: Mm-hmm. 101 1 MR. JOHNSTON: Yes. But they're a little shy 2 on the frontages. 3 (Discussion off the record.) 4 JUDGE HENNEKE: The frontage is pretty tight 5 around that curve there where 18A is -- 18, 18A. What's the 6 size of the frontage on 18A and B? 7 MR. CRENWELGE: I think we're about 150, and 8 would add in two more lots. It's going to be around 100 9 foot, maybe a little lower, 110 foot. 10 COMMISSIONER GRIFFIN: But that's not a 11 cul-de-sac, so we don't get to the cul-de-sac limit, so what 12 limit do we have? 13 COMMISSIONER LETZ: 200. 14 MR. JOHNSTON: 200. 15 COMMISSIONER GRIFFIN: The normal 200. 16 MR. CRENWELGE: They're already at 150. 17 Those are nice, big lots. Just going to clean up the 18 subdivision by moving the transmission line. It won't 19 justify the cost unless I can get a couple more lots out of 20 that. 21 COMMISSIONER GRIFFIN: I'll make a motion 22 that we approve the preliminary plat and grant the variance 23 for those lots as listed on the item and grant a variance on 24 the frontage for Lots 17 through 19. 25 COMMISSIONER BALDWIN: Second. 102 1 JUDGE HENNEKE: This is going to involve, 2 again, an opportunity for people to object and public 3 notice? I assume your motion included a setup for 10:15 on 4 the 25th? 5 COMMISSIONER GRIFFIN: Exactly. 6 JUDGE HENNEKE: Motion by Commissioner 7 Griffin, second by Commissioner Baldwin, that the Court 8 approve the preliminary revision of Lots 1, 17, 18, 19, 21, 9 22, 44, and the common area in Cypress Springs Estates, and 10 grant a variance to the frontage requirements for Lots 19A, 11 18B, 18A, and 17B -- 17B and 17A, and set a time for final 12 consideration of this matter with appropriate notice to be 13 given for 10:15 a.m. on June 25th, Year 2001. Franklin, do 14 you have any concern about the frontage on these four 15 lots -- five lots? 16 MR. JOHNSTON: They're 100 feet. I think 17 that would possibly work. They just have to design the 18 houses to work with that. 19 MR. CRENWELGE: Most of houses are going to 20 be set back near the -- near the rear of the lot. 21 MR. JOHNSTON: They're kind of pie-shaped, so 22 if the houses are in a larger area, I think they can 23 probably work with it. 24 JUDGE HENNEKE: The topography is not going 25 to be a problem as far as -- 103 1 MR. CRENWELGE: It's flat. 2 JUDGE HENNEKE: -- distances? 3 MR. CRENWELGE: It's all flat. Whole area is 4 flat as a pancake. 5 JUDGE HENNEKE: Any other questions or 6 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. 11 MR. CRENWELGE: Thank you. 12 JUDGE HENNEKE: Thank you. 13 COMMISSIONER BALDWIN: Judge, you have your 14 money people here. 15 JUDGE HENNEKE: All right. Let's go back to 16 item -- whatever it was. 17 COMMISSIONER WILLIAMS: 13. 18 JUDGE HENNEKE: Item 13, which is consider 19 and discuss awarding or rejecting bids for Kerr County 20 Depository. Tommy, do you have a report for us, sir? 21 MR. TOMLINSON: We've reviewed both bids, 22 each -- each in order, and there's no problems with the bids 23 themselves. I'll discuss rate first. The bid for -- from 24 Security State Bank on money market accounts, which -- which 25 we use primarily, is -- will be 25 -- I think it's 25 -- 104 1 yeah, 25 basis points less than the one-day Treasury Bill 2 rate. 3 MS. NEMEC: Thirty-five. 4 MR. TOMLINSON: I mean 35 points below. 5 The -- the bid from Union State on the same type of deposit 6 is -- is what they call their posted rate. And, we called 7 and asked about that, and there's -- there's no specific 8 market rate that they -- that they benchmark that to. So, 9 it's -- their explanation is that -- that it's a general 10 market rate, and they look -- they look at the market in 11 general for -- for this area. I have -- I have an objection 12 to that, personally. I think that's too open-ended, just 13 because you don't -- there's -- I mean, sometimes it could 14 be higher, sometimes it could be lower, so -- but there's 15 no -- I like to have a more definite benchmark for -- in 16 order to know exactly what -- where we stand on our 17 investment. Today -- today, their rate is -- is higher, but 18 that -- that's just my objection to that. 19 But -- and on the rate, we also looked at -- 20 at their surcharges, and I -- I'll just read to you what the 21 charges are for the services that -- that we use. And, 22 one -- on account -- account fees, which are maintenance 23 fees, the maintenance fee for -- at Security Bank is $5, and 24 Union State is $12. Credits, posted for Security Bank is 25 25 cents per credit, and for Union State it's 30 cents per 105 1 credit. The charge for -- for checks posted -- in other 2 words, that's our checks that are posted against our 3 account -- is 10 cents at Security and 11 cents at Union 4 State. Items deposited, which are items that are included 5 in our deposits from whatever the deposit is, it's -- the 6 bid for Union State Bank is 3 cents per check on -- on 7 checks that are drawn on Union State Bank, and 7 cents per 8 check on any other check. At Security State Bank, the -- 9 the bid is 5 cents per check deposited, regardless of 10 whether it's on them or not. And, general -- that's 11 the services that -- that we use, primarily. I think the 12 others, there's some different fees involved, but they're -- 13 they're insignificant and immaterial, I think, as far as the 14 bids are concerned. So, our -- our recommendation at this 15 time is to -- is to present the -- award the bid to Security 16 State Bank. 17 JUDGE HENNEKE: Any questions or comments? 18 COMMISSIONER LETZ: I'll move the motion to 19 award the bid to Security State Bank, per the recommendation 20 of the Auditor and Treasurer. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE HENNEKE: Moved by Commissioner Letz, 23 seconded by Commissioner Griffin, that the Court award 24 the -- 25 COMMISSIONER GRIFFIN: It wasn't me; I 106 1 recused myself on this. 2 COMMISSIONER BALDWIN: I seconded. 3 JUDGE HENNEKE: You're right. Motion by 4 Commissioner Letz, second by Commissioner Baldwin, that the 5 Court award the Kerr County Depository contract to Security 6 State Bank and Trust and authorize Judge to sign same. Is 7 this for a term of two years, Tommy, or -- 8 (Mr. Tomlinson held up four fingers.) 9 JUDGE HENNEKE: Four years? 10 MR. TOMLINSON: It's actually -- it's 11 renegotiable after two, if the Court so desires. 12 JUDGE HENNEKE: Any further questions or 13 comments? Again, let the record reflect that Commissioner 14 Griffin has recused himself based on his position with the 15 local bank -- stock position. All in favor, raise your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: All opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Let's return 21 to the regular order. We'll go to Item Number 25, consider 22 and discuss proposal from Keith Longnecker for architectural 23 services to complete the lower level of the Kerr County 24 Courthouse. Commissioner Baldwin. 25 COMMISSIONER BALDWIN: Yes, sir. Mr. 107 1 Longnecker? 2 MR. LONGNECKER: Yes. I've offered the Court 3 two proposals here, one being for architectural services to 4 draw plans, construction documents to complete the space -- 5 office spaces for the Kerr County Juvenile Probation 6 Department, and corridors leading to both the entrances at 7 the lower level on the north and west sides of the annex 8 building. Drawings will consist of preliminary floor plans 9 showing sketches of office and locations and arrangements, 10 overall lower level floor plan showing locations of Kerr 11 County Juvenile Probation offices in relationship to the 12 rest of the facilities on that floor, complete construction 13 drawings of the Probation Department and cost estimate of 14 construction work, including professional fees, permits, 15 materials, and subcontractor costs. Here I have the fees 16 listed for preliminary floor plan sketches, $480; all other 17 construction documents, including any bid forms and other 18 administrative services mentioned above, $2,520; consulting 19 engineer's services, $3,000; total fee of $6,000. This will 20 need a -- we'll need an agreement between myself and the 21 County Commissioners, much the same as we had when I was 22 doing the liaison service for the new construction and 23 remodeling construction/renovation of both of these 24 buildings. 25 The other is a proposal for construction 108 1 management services. It lists all of the services that I'll 2 be delivering. Receiving all necessary bids of 3 subcontractors and material suppliers, coordinate community 4 service work with the Kerr County Sheriff's Department and 5 Kerr County Maintenance Director. I would like to hire a 6 contracting -- hire or contract with the foreman to work 7 full-time with the community service personnel and receive 8 my interpretation drawings and specifications. This means 9 I've got a person in mind for that, a Mr. Hank Lacey, who is 10 a carpenter and a good -- did a lot of general work here 11 with Stoddard Construction. He's very interested in having 12 this to do and would like to join in the deal, and I can 13 either contract with him to handle it or he can be paid 14 directly by the County. It's something we -- that still 15 needs to probably be worked out. 16 Keeping accounts of all costs required to 17 complete the work, setting up, maintaining communications by 18 cell phone. That's the way I'm planning to do it, or by 19 office or business phone. A construction office I don't 20 feel will be necessary. I think Glenn Holekamp, our 21 Maintenance Director, has agreed that I can use a portion of 22 the Maintenance office down there if needed. And then we'll 23 need a staging area, of course, for materials as they're 24 delivered in. And, of course, the -- the balance of the 25 unfinished area would serve for that. We may need a few 109 1 parking places outside. I'm not sure yet what kind of 2 requirements there's going to be for equipment or anything, 3 but I don't think we'll have much of that. My fee there is 4 based on $40 an hour, or $3,920, as near as I can estimate. 5 I have a schedule that I'd like to run down 6 through of how I might do this. I hope to be able to finish 7 all drawings and everything by the 11th of June, and actual 8 construction work could begin anywhere between the 11th and 9 the 15th, that week. In the meantime, subcontractors can be 10 invited to quote their prices and be selected. It would 11 probably be just -- depending on what kind of work community 12 service can do, I only anticipate HVAC or mechanical 13 contract and an electrical subcontractor. Just two, I 14 think, is all that will be needed. Some of the materials 15 and most of the long lead items that it takes time to order 16 and get in, which is -- such as any doors, door frames, 17 things of that nature, perhaps some ceiling material, can be 18 ordered probably before the drawings are actually finished. 19 And, coordination between using community service can be 20 started on arranging to have meetings with Glenn Holekamp 21 and your Community Service Director, who I think is going to 22 be on vacation the same time I am. I'm having -- going to 23 Alaska for two -- for 12 days, actually, and will be back on 24 the 2nd of June and be able to finish the drawings at that 25 time. 110 1 COMMISSIONER BALDWIN: Keith, let me ask you 2 a question. Who -- who is the Community Service Director? 3 MR. LONGNECKER: Right now, I can't remember 4 his name, but I was told that he's not going to be here. 5 MR. HOLEKAMP: Phil at the -- 6 JUDGE HENNEKE: It's Dan Edwards, isn't it? 7 MR. HOLEKAMP: Well, I think we're confused 8 here as to what's community service and Sheriff's work 9 program. 10 COMMISSIONER BALDWIN: Yeah. 11 MR. LONGNECKER: I'm sorry, I didn't realize 12 what -- 13 COMMISSIONER BALDWIN: Yeah, I think that we 14 had agreed we're actually using prisoners, which is not the 15 same thing as Community Service Program. Okay. That 16 cleared it up for me. 17 COMMISSIONER WILLIAMS: I have a question. 18 Maybe it's a question of you, Commissioner. I thought when 19 we got into this lower annex, that we were going to plan for 20 its entire use, including the County Attorney's expansion. 21 Not just the Juvenile Probation, but anything and everything 22 that needed to be planned into that. 23 COMMISSIONER BALDWIN: I agree. 24 COMMISSIONER WILLIAMS: This only indicates 25 to me that we're talking about Juvenile Probation, with no 111 1 concept as to how the remainder is going to be -- 2 MR. LONGNECKER: Well, if we go back to my -- 3 COMMISSIONER WILLIAMS: -- finished. 4 COMMISSIONER BALDWIN: No, no, you're exactly 5 right. Our budget -- this is -- the entire budget does that 6 one office. 7 JUDGE HENNEKE: I think the question is the 8 planning that's going to be done. 9 COMMISSIONER WILLIAMS: That's my question. 10 JUDGE HENNEKE: Is the planning that's going 11 to be done just for moving the Juvenile Probation 12 Department, or will you plan for redoing the County 13 Attorney's office, moving the Treasurer's office, but the 14 funds are only available for the Juvenile Probation Office? 15 I mean, I think that's the question. 16 MR. LONGNECKER: The funds that you have 17 will -- you know, I've offered in this proposal an estimate 18 of the costs, and I've been given $60,000. 19 JUDGE HENNEKE: I understand that. The 20 question is, the preliminary drawings that you identified in 21 your architectural services, are they going to be just to 22 move the Juvenile Probation Department in there, or is it 23 also going to include where the County Attorney's office 24 would be revised once we have the funds for that, and where 25 the Treasurer's office would be relocated once we have the 112 1 funds for that? 2 COMMISSIONER GRIFFIN: Will it plan out the 3 whole area and then have a detailed design for the Juvenile 4 Probation? That's the question. 5 MR. LONGNECKER: I hadn't planned to do that 6 at this time. I had planned only to provide what the budget 7 will stand at this time. Now, when I draw the overall plan, 8 as it suggests here in my proposal, I can show what will be 9 done to the County Attorney's office, the other areas, the 10 Treasurer, computer services office, for storage and -- and 11 toilet rooms and everything else. 12 JUDGE HENNEKE: I think that's the issue, 13 because what we want to avoid is only addressing the 14 Juvenile Probation Department office and then find ourselves 15 in a situation in another budget year, whenever we have 16 funds available, that we have somehow managed to box 17 ourselves in with regard to, say, the Treasurer's office. 18 So, I think what we're looking at is the need for an overall 19 plan, which I think you've -- you may identify in here, but 20 implement only the Juvenile Probation Department portion of 21 that plan. 22 MR. LONGNECKER: That's all I had planned to 23 do in the -- 24 JUDGE HENNEKE: But I'm looking at Number 2 25 under Architectural Services. It says an overall lower 113 1 level floor plan showing the location of the Kerr County 2 Juvenile Probation Department offices and the exit 3 corridors. Will that floor plan also show the proposed 4 expansion of the County Attorney's office and the proposed 5 location of the -- 6 MR. LONGNECKER: No, it will show the 7 existing conditions. 8 JUDGE HENNEKE: Okay. What would it take 9 to -- to augment that lower level floor plan to include 10 revised -- the revisions to the Kerr County Attorney's 11 office as well as the proposed location of the Treasurer's 12 office? Not implementation, just where they're going to be. 13 MR. LONGNECKER: Well, if you want -- if I do 14 complete preliminary sketches -- and how far do you want to 15 carry it? Do you want to carry it to the acceptance of the 16 County Attorney and the Treasurer and -- and the computer 17 service and any other offices you may have in mind? If you 18 just want a conceptual idea, it won't take very much; I can 19 show that. 20 COMMISSIONER GRIFFIN: That's what we need at 21 a minimum, is we need a concept plan for the entire area 22 with the proposed areas where these various functions will 23 go, and then a detailed plan of Juvenile Probation. 24 COMMISSIONER WILLIAMS: That's right. 25 Functionality and allocation of space. 114 1 MR. LONGNECKER: Okay, I can do that. And I 2 would have to sit down and estimate the number of hours that 3 it will take to do that and give you a lump sum figure. 4 COMMISSIONER BALDWIN: First thing we're 5 going to do is remove the computer guru from our thinking. 6 MR. LONGNECKER: All right. That's news to 7 me. 8 COMMISSIONER BALDWIN: Okay. Well -- 9 JUDGE HENNEKE: Well, that's a later agenda 10 item. Okay. Well, do we want to ask Keith to bring this 11 back, then, with the costs for the overall conceptual plan? 12 COMMISSIONER BALDWIN: Well, I thought he 13 just said that he would include that in. 14 JUDGE HENNEKE: Well, he said he'd have to 15 sit down and figure out what the additional cost would be. 16 MR. LONGNECKER: I can include it with this 17 -- with this -- these drawings, but it's going to take me 18 some extra time. 19 COMMISSIONER LETZ: Two questions I have. 20 One is the -- I guess, under the architectural services part 21 of this, does it -- it doesn't specifically talk about 22 A.D.A. and City permits and all that other stuff that we get 23 burned on every time we build something around here. So, 24 it's going to -- does that cover City permits? 25 MR. LONGNECKER: Yes. 115 1 COMMISSIONER LETZ: And A.D.A.? 2 MR. LONGNECKER: Yes, mm-hmm. 3 COMMISSIONER LETZ: Okay. That was the first 4 part. The other part is the -- kind of two parts, I guess. 5 How long would this take, the construction portion of it? 6 MR. LONGNECKER: I have a schedule that I'm 7 offering. I believe I already had said that June 15th, no 8 later -- starting no later than June the 15th, and I'd like 9 to see it completed by July 30th. Six weeks is the 10 approximate length of construction needed. And, no later -- 11 it's somewhere between that and the 15th of August, no later 12 than that. 13 JUDGE HENNEKE: Of course, that will depend 14 upon the availability of -- 15 MR. LONGNECKER: That depends on the 16 Sheriff's help and everyone -- and I'm -- I have no idea 17 what kind of help, only that the -- we're going to have to 18 do it. And, I can only estimate that, but that would be my 19 best estimate of when we could complete the project. And, 20 of course, as soon as it's finished, they can move in. 21 COMMISSIONER LETZ: I guess the other part of 22 the -- my question, or final question, is it's hard to -- to 23 be using jail labor; it's hard to figure out the total cost. 24 But, on a percentage basis, it appears the fees are high. 25 And I'm not familiar enough with building projects to know 116 1 if -- if, on a smaller project, it's going to be higher than 2 you normally have on an architectural contract. Or is it -- 3 if we added the labor, that we -- it would get more in line 4 with the 5 to 7 percent, which is generally what 5 architectural fees are? 6 MR. LONGNECKER: You'll find that most of the 7 other firms here in town would charge you a good 10 percent 8 of the construction cost for this small job, and I think 9 mine will be less than that. And, that's what -- and I 10 think I'm more than competitive with all the other firms in 11 town. 12 COMMISSIONER LETZ: So, what -- basically, 13 what is the -- on smaller projects, the percentage goes up 14 to 10 percent, as opposed to 5 to 7 percent for a larger 15 project? All right. 16 JUDGE HENNEKE: Can you give us an estimate, 17 Keith, of how many -- how much additional money it would 18 take to do the overall plan versus the specific Probation 19 Department plan? 20 MR. LONGNECKER: I can maybe stay in the 21 ballpark with it, but essentially you need -- you're going 22 to need close to $180,000 to $200,000 to -- 23 JUDGE HENNEKE: No, I mean -- I'm talking 24 about your services. How much more is it going to cost for 25 to you do the -- 117 1 MR. LONGNECKER: To do the overall conceptual 2 drawings? 3 JUDGE HENNEKE: Are we talking another 10 4 hours? Another -- 5 MR. LONGNECKER: Probably. Probably another 6 10 to 12 hours. 7 JUDGE HENNEKE: Looking at another 400 -- 8 MR. LONGNECKER: $480. 9 JUDGE HENNEKE: -- $400 to $500. 10 MR. LONGNECKER: See, I have -- I have $480 11 in here for the -- just the sketches for the -- the Juvenile 12 Probation. 13 JUDGE HENNEKE: So if we doubled that, do you 14 think that would be adequate for the total cost -- I mean 15 the total floor plan? Conceptual? 16 MR. LONGNECKER: Yes, just for conceptual 17 studies. 18 JUDGE HENNEKE: Just for conceptual studies. 19 MR. LONGNECKER: But not for approval. 20 JUDGE HENNEKE: Right. 21 MR. LONGNECKER: Because that -- it's just 22 time that it takes for meetings. 23 JUDGE HENNEKE: I think we understand that. 24 We're not asking you to go and sit down with David and work 25 out exactly how the -- 118 1 MR. LONGNECKER: Right. 2 JUDGE HENNEKE: -- layout would be, but to 3 give us your best conceptual vision as to how it could work. 4 MR. LONGNECKER: Right. 5 JUDGE HENNEKE: That will give us something 6 to start with, and then I think what we're trying to do is 7 meet our responsibilities, so that we don't put a plan in 8 effect that hasn't considered the overall purpose of the 9 floor back there. 10 MR. LONGNECKER: I think, then, that the 11 double of that to take that $480 to, what, $960? 12 COMMISSIONER LETZ: I would encourage you, 13 though, to visit with the County Attorney and the Treasurer 14 and at least -- I mean -- 15 MR. LONGNECKER: I won't. Not at this time, 16 no. 17 COMMISSIONER LETZ: Well, I mean, I see -- I 18 don't see much point in doing drawings if we have no input 19 at all. I don't think they need to approve it, but I think 20 that they're -- I mean, how does Keith have any idea what 21 the County Treasurer's going to need space-wise if he 22 doesn't visit with the County Treasurer? 23 COMMISSIONER WILLIAMS: Good point. 24 COMMISSIONER LETZ: I mean, there doesn't 25 seem any point in doing it if we're not going to at least 119 1 have some input from the people that are going to be 2 occupying the space. I agree that, you know, we're talking 3 more square footage limits and things. 4 MR. LONGNECKER: Let me explain it a little 5 different, Jonathan. What I will do is I will talk to 6 Barbara and look at what her space requirements are, just as 7 I did with Kevin Stanton on the space requirements for the 8 Juvenile Probation. And, I -- I don't start any conceptual 9 ideas or plans without knowing what that program is for the 10 conceptual study, so that would be -- that would be part of 11 the 10 hours that we're adding onto it. 12 COMMISSIONER LETZ: Right, okay. That's -- 13 MR. LONGNECKER: The drawing time is, you 14 know, less than half of that time. It will be times for 15 meetings and for covering my other hours that I use for 16 research and what-have-you. And -- 17 COMMISSIONER LETZ: Okay. That's all I -- 18 MR. LONGNECKER: Is that -- 19 COMMISSIONER LETZ: Yeah, that covers it. 20 MR. LONGNECKER: Mm-hmm. 21 JUDGE HENNEKE: That will put us slightly 22 over what we've allocated for this, but we're talking about 23 a couple hundred dollars; I think we can squeeze that out 24 somewhere. So, if we -- what I'm hearing as a consensus is 25 that we -- second page of the architectural proposal, the 120 1 preliminary floor plan schedules, make that $960. The 2 change would also be reflected on the cost estimate for the 3 construction management. Instead of $6,000, it would be 4 $6,480, which will take the total up to $60,138. 5 COMMISSIONER LETZ: And under the services, I 6 -- I guess we can have an actual agreement that he brought 7 back to us. 8 JUDGE HENNEKE: Right, yes. 9 COMMISSIONER LETZ: And I think it should 10 specifically mention the permitting process and A.D.A. 11 requirements, just -- 12 MR. LONGNECKER: Do you want -- now, in other 13 words, before when I entered my proposal, the County did 14 write the contract that was eventually signed. Is that the 15 way you want to work it now, or do you want to -- a full 16 A.I.A. contract or something of that nature? 17 COMMISSIONER GRIFFIN: I think -- 18 JUDGE HENNEKE: I think we can do the -- 19 we'll get one done. 20 COMMISSIONER LETZ: The County can do one. 21 MR. LONGNECKER: Okay. Do you all understand 22 my estimate that I gave you here, the breakdown, that I do 23 have a $4,000 contingency in there? 24 JUDGE HENNEKE: No. 25 MR. LONGNECKER: No. I'm in hopes that if 121 1 there's anything extra left over -- and, naturally, I'm 2 going to try to do this -- you trusted me at one time to 3 bring in the new furniture for these buildings under 4 $50,000. I believe we did that, so I'm going to very much 5 try to do the same thing with this $60,000 budget on this 6 project. 7 JUDGE HENNEKE: I know what the answer to 8 this question is, but I'm going to ask it anyway so that 9 it's on the record. In your estimate, the subcontractor and 10 materials cost, that's based upon your visiting with people 11 and also the cost of materials? 12 MR. LONGNECKER: Well, I didn't necessarily 13 visit with anyone. This -- I just more or less have taken 14 the square footage cost of this project; there is 15 1,478 square feet of area, and looking at what is there, 16 what we have in availability, and going into all the 17 materials, just on my knowledge of cost factors and -- and 18 cost of materials such as metal studs and sheetrock and 19 ceiling materials, that kind of thing. And, really, I did 20 not spend time going -- I expect to have to ask for some 21 prices to do -- and get the different prices from 22 electricians and -- and mechanical contractors. For 23 instance, I'll be asking Hardin Heating and Air to turn 24 in -- I'll ask if they'll give us a price on what it will 25 take to do the duct work and the diffusers and remounting 122 1 the thermostat, which -- and what little work there is to do 2 in that area. Also, I don't think we need to ask Design 3 Electric to come back from San Antonio. There should be 4 enough local electricians here and contractors that could do 5 it for -- for us, and ask them for prices. But, this is an 6 estimate that -- that I'm -- based on my experience and 7 knowledge of what costs are today. And strictly an 8 estimate. 9 COMMISSIONER LETZ: Okay. 10 JUDGE HENNEKE: Any other questions or 11 comments? 12 COMMISSIONER BALDWIN: My only comment would 13 be that -- that we approve his original -- the $59,658, or 14 approve his plan, and then when -- then when he comes in and 15 adds on hours, that we -- that we deal with the numbers at 16 that time. 17 COMMISSIONER WILLIAMS: Come out of 18 Contingency, the extra $480? 19 COMMISSIONER BALDWIN: Just at that time. I 20 mean, let's approve something that he's done for us, as 21 opposed to approving moving some money there today and -- 22 and let him spend it. 23 COMMISSIONER LETZ: I agree. 24 JUDGE HENNEKE: Okay. We need a motion. 25 COMMISSIONER BALDWIN: Well, let's see here, 123 1 by golly. I move that we approve Keith Longnecker's 2 proposal for architectural services to finish out the lower 3 level of the courthouse, and with the preliminary -- the 4 prices would include the preliminary floor plan sketch at 5 $480; all other construction documents, bid forms, 6 administrative services, $2,520; consulting engineering 7 services, $3,000. 8 COMMISSIONER LETZ: What about the -- 9 COMMISSIONER BALDWIN: And then that's a 10 total of $6,000. Construction management services, $3,920; 11 contracted foreman $4,800; subcontractors and material 12 costs, $40,938. The total cost of the project, $55,658. 13 Possible contingency of $4,000, and a possible total cost of 14 the project, $59,658. And -- 15 COMMISSIONER LETZ: I have a question, first. 16 JUDGE HENNEKE: We need to have a second 17 before we have a question. 18 COMMISSIONER LETZ: Okay. I'll make a 19 second, but then I have a question. 20 JUDGE HENNEKE: Motion by Commissioner 21 Baldwin, second by Commissioner Letz, that the Court approve 22 the proposal from Keith Longnecker for architectural 23 services and the proposal for construction management 24 services as originally submitted. Any questions? 25 COMMISSIONER BALDWIN: You're not going to 124 1 read my whole motion? 2 JUDGE HENNEKE: No. 3 COMMISSIONER LETZ: My first nitpicky 4 question goes back to my thing I love to talk about on how 5 things are posted. I don't think we can talk about the -- 6 or vote on the proposal for construction management 7 services. It's only posted to talk about architectural 8 services, and the way the backup was provided, I don't think 9 we can vote on that one. 10 JUDGE HENNEKE: I -- 11 COMMISSIONER BALDWIN: You're right. 12 JUDGE HENNEKE: We can't vote on that 13 portion. 14 COMMISSIONER LETZ: On the architectural 15 services part, under the $480 for preliminary floor plan 16 sketches, I thought that went up to $960 to cover all of 17 them. 18 COMMISSIONER BALDWIN: You're absolutely 19 right about that, too, Commissioner Letz. 20 COMMISSIONER LETZ: All right. Those were my 21 only two comments. 22 JUDGE HENNEKE: Okay. Is that a friendly 23 amendment to increase the plan to $960? 24 COMMISSIONER LETZ: Yes, that was a friendly 25 amendment. 125 1 JUDGE HENNEKE: Was that accepted by the 2 author of the motion? 3 COMMISSIONER BALDWIN: Yes, sir, in a 4 friendly way. So far. 5 JUDGE HENNEKE: Okay. Then, the motion on 6 the table, then, is to approve the proposal from Keith 7 Longnecker for architectural services, with the increase in 8 the allowance for preliminary floor plan sketches from $480 9 to $960. Any further questions or comments? 10 COMMISSIONER LETZ: And on the next agenda, 11 bring back the other part of the contract. 12 JUDGE HENNEKE: All in favor, raise your 13 right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Thank you, 18 Keith. 19 MR. LONGNECKER: I can expect the contract 20 from -- 21 JUDGE HENNEKE: Yes, the County will prepare 22 a contract for you. 23 MR. LONGNECKER: Okay, thank you. 24 JUDGE HENNEKE: Next item is Item Number 26, 25 consider and discuss supporting House Bill 1445 and 126 1 authorize County Judge to sign a letter to that effect. 2 Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Yes, sir. House Bill 4 1445 came to my attention a couple weeks ago. As you know, 5 the law today is, if someone's subdividing a piece of 6 property in -- in the ETJ, that person would go over to the 7 City, go through a public hearing, pay all the fees, and 8 then come to the County and have a public hearing and pay 9 all the fees. This bill allows the City and County, bottom 10 line, to get together and, through interlocal agreement, 11 agree to one or the other government entity to handle the -- 12 an issue like that. 13 COMMISSIONER WILLIAMS: The approval too? 14 COMMISSIONER BALDWIN: Approvals too. And, 15 bottom line is, this thing has -- it has been approved by 16 the House of Representatives. It's gone to the committee, 17 and -- in the Senate, and has been coming out of there with 18 approval, no amendment, and it's going to the -- it's going 19 to the full floor. 20 JUDGE HENNEKE: Commissioner, I don't believe 21 it came back -- 22 COMMISSIONER BALDWIN: It's gone to the full 23 floor of the Senate for a vote, and -- and they don't -- 24 they see it going without any -- absolutely any problem. It 25 came out of the Senate committee without any amendments, 127 1 also. So -- that was over the weekend. So, the thing is 2 already rocking and rolling, regardless of what we do. And 3 I talked with our senator's staff this morning, and they -- 4 they're going to support it. So, actually, I don't think 5 that we need any action here. It looks like it's going to 6 move forward without us doing anything, anyway. 7 COMMISSIONER LETZ: I think it's good 8 legislation. 9 COMMISSIONER BALDWIN: It's going to be of 10 benefit to our constituents, I can tell you that much. 11 JUDGE HENNEKE: Why don't we just go on 12 record as supporting the House Bill 1445? 13 COMMISSIONER BALDWIN: I move that we go on 14 record supporting House Bill 1445. 15 COMMISSIONER GRIFFIN: Second. 16 COMMISSIONER LETZ: Third. 17 JUDGE HENNEKE: Motion by Commissioner 18 Baldwin, second by Commissioner Griffin, that the Court go 19 on record as supporting the passage of House Bill 1445 20 relating to the agreement between a county and municipality 21 to regulate a subdivision in the ETJ of a municipality. Any 22 further questions or comments? If not, all in favor, raise 23 your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 128 1 (No response.) 2 JUDGE HENNEKE: Motion carries. 3 COMMISSIONER BALDWIN: Thank you. 4 JUDGE HENNEKE: Item Number 27, which we 5 actually talked about, is to consider and discuss changing 6 the date of the first July Commissioners Court meeting from 7 July 9th to July 6th beginning at 9 o'clock a.m. Once 8 again, this change is to accommodate the South Texas 9 Commissioners and Judges Convention, which starts in 10 Beaumont on July the 9th. 11 COMMISSIONER LETZ: So moved. 12 COMMISSIONER GRIFFIN: Second. 13 JUDGE HENNEKE: Moved by Commissioner Letz, 14 seconded by Commissioner Griffin, that the Court change the 15 date of the first Commissioners Court meeting in the month 16 of July from July 9th to July 6th beginning at 9 o'clock 17 a.m. 18 MR. TOMLINSON: I'm just -- I'll just tell 19 you that it won't be good. So, if -- if you could possibly 20 call me or something next week. 21 JUDGE HENNEKE: Well, the convention 22 basically runs all that next week. 23 MR. TOMLINSON: No, I mean, like, the middle 24 of the week after that or something like that, so we can -- 25 JUDGE HENNEKE: We'll work around that. 129 1 MR. TOMLINSON: -- pay bills. 2 JUDGE HENNEKE: Any further questions or 3 comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. Item Number 8 28, consider and discuss allocation of office space for 9 systems support operation and for the Information Systems 10 Support Specialist. Commissioner Griffin. 11 COMMISSIONER GRIFFIN: Yes. After Shaun 12 Branham came on board, Tommy and I got together and went 13 through all of the -- sort of the scenario for how he will 14 provide support and what kind of office space he might need 15 and work space, primarily, for troubleshooting equipment and 16 so on. We also determined it would be almost cost 17 prohibitive to consider moving the mainframe computer. He 18 needs to be in that area, and to move the mini mainframe 19 would be a very cost prohibitive approach, because he'd have 20 to splice every one of those lines that terminate in that 21 area now, which would really take a long time, cost a lot of 22 money. 23 So, in looking at -- at that area back there, 24 what -- what Tommy and I have come up with and would like to 25 propose to the Court is that the mini mainframe and that 130 1 whole area stays as it is. That area that's just outside of 2 the mini mainframe area, we'll convert pieces of that or 3 parts of that to an office space with a work bench for 4 troubleshooting hardware and that sort of thing. The 5 storage shelves that are in there will remain. We would 6 also leave those two doors just the way they are so that 7 license plates that have to be shipped or brought into the 8 building three or four times a year can be still pulled 9 through into the back of the Tax Assessor's office. I think 10 that this is a -- that would be a very cost-effective way to 11 -- to meet the requirement. We'll have to add a computer, 12 which has already been -- that's in the process. That will 13 go in that outside area. That's the work area that Shaun 14 Branham will have for his primary function of building web 15 sites and -- building a web site and that sort of thing. 16 And the mainframe area remains unchanged, which is a big 17 cost savings. I'd like to propose that that's how we 18 allocate the space. 19 COMMISSIONER BALDWIN: I agree. I agree. 20 JUDGE HENNEKE: Any questions or comments? 21 Paula? 22 MS. RECTOR: Can I say something? I had 23 written letters to all the Commissioners in regards to that 24 space back there, because it was at one time part of the Tax 25 Office. My office is -- we're outgrowing our space as it 131 1 is. I had asked for additional storage space. And I want 2 to correct the statement that you made about the license 3 plates being brought in two or three times a year. Because 4 of the lack of space, we're having to order more often in 5 smaller quantities, because I have nowhere to put them. 6 Also, a lot of the equipment, the paper, the toner 7 cartridges we order in mass amounts; I'm also out of space 8 for storage on those. That's why I had asked for that 9 additional space back there to use for more storage. Linda 10 had offered part of what she was using in the old jail for 11 some of my records storage, and that -- since there is no 12 climate control up there, it's damp, it's dusty, it's dirty; 13 that's probably not feasible for me to store records. And, 14 I would hope -- I had hoped that that space would be 15 reallocated back to my office for storage. 16 COMMISSIONER GRIFFIN: Let me answer the 17 question -- let me address the first part of your comment. 18 The doors will be there. If we -- you've got to bring in 19 license plates 10 times a year or 20 times a year, you can 20 do that. I mean, there's no -- the idea would be that we 21 don't restrict that passageway through there. 22 MS. RECTOR: Right. 23 COMMISSIONER GRIFFIN: So that that -- that 24 would solve that problem. I would hope that perhaps we 25 would address, as part of the build-out, if we've got to 132 1 store things like license plates, that that doesn't require 2 what I would consider sort of Class A office space. We 3 could perhaps work out some storage in the build-out area, 4 which could be climate-controlled, but perhaps not -- it 5 wouldn't be fancy, but -- 6 MS. RECTOR: You're talking about down below? 7 COMMISSIONER GRIFFIN: Right. 8 MS. RECTOR: Okay. That would mean my clerks 9 having to go downstairs every day to get plates. I mean, 10 that's kind of -- 11 COMMISSIONER GRIFFIN: No, I think we would 12 want to have an intermediate area. We'd get primary 13 building movement up to a -- up to some storage area. I 14 think we -- as a matter of fact, I think if we reworked that 15 whole back end of -- of your office, you know, it could be 16 done much more efficiently for storage of -- of records and 17 license plates, perhaps, or whatever. There's a lot of 18 unused -- when I say "redo" it, because there's just some 19 unused space that I think if we rearranged it a little bit, 20 it will work there. I mean, I think we could rearrange that 21 to bring you a lot more usable space than is there now. 22 MS. RECTOR: Well, the reason why it's 23 arranged as it is -- and you've seen back there. I have 24 ancient storage cabinets and drawers and files that have 25 just been things handed down to me over the years. But, a 133 1 lot of those things, because of records retention, I have to 2 keep on-site, and we do periodically go back and get into 3 those. But, as far as the -- the paper goods that we're 4 required to have and the license plates and that type of 5 thing that come from TexDOT, those have to be where we can 6 get to them in a moment's -- 7 COMMISSIONER GRIFFIN: I'm not talking about 8 moving anything out of there. I'm just saying to rearrange 9 it to make it a little more efficient, is all I'm talking 10 about. I think the space there could be better used, is all 11 I'm saying, if it were rearranged. We'll have to get -- to 12 address that, and I have to get with -- with Glenn and see 13 what we might be able to do. Add some additional shelving, 14 perhaps. 15 MS. RECTOR: Well, that would -- that would 16 be an option. 17 COMMISSIONER GRIFFIN: The problem that we 18 have in the information support area is that -- is that that 19 information support function needs to be next to that 20 mainframe. So, if we're not going to move the mainframe, 21 then we've almost got to put it there. That's the 22 problem -- the dilemma that we're faced with. And, it makes 23 sense that if we need additional storage space for -- for 24 the Tax Assessor/Collector, that maybe we need to address 25 that in this build-out, this lower build-out, that would 134 1 adequately address all of that. I'm talking about for 2 long-term storage, not for the -- not the stuff you've got 3 to look at every day. 4 COMMISSIONER WILLIAMS: I mentioned to 5 Commissioner Baldwin at the tail end of the other topic that 6 on that -- that plan should entail some space for dry 7 storage and bulk items and other things. You know, just a 8 proper utilization of space, and it needs to be considered. 9 He said it's -- some folks had already indicated how much 10 space they needed. We're at least talking -- 11 COMMISSIONER BALDWIN: Yeah, it's coming. 12 COMMISSIONER GRIFFIN: But I think we can 13 adequately address it without trying to use that particular 14 area where -- next to the mainframe for something that's not 15 -- to put that support area somewhere else for the mainframe 16 other than in the vicinity of the mainframe just doesn't 17 make any sense. So, I'll grant there's some dilemma there, 18 but I think it's one that we can solve. 19 COMMISSIONER BALDWIN: I do, too. I think if 20 we work it out -- I mean, it can be worked out. I see it as 21 a workable plan. And I agree with you, it needs to stay -- 22 we need to stay with the computer area. 23 COMMISSIONER LETZ: What's the cost of moving 24 the mainframe? 25 COMMISSIONER GRIFFIN: I don't know. Tommy, 135 1 would you have a guess at that? We're probably -- that's -- 2 I'm guessing if you had -- if you had space to put it, 3 you're probably talking $20,000 or $30,000 minimum, 'cause 4 you're talking completely rewiring the whole -- and that's 5 all the Class 5 cable and -- 6 MR. TOMLINSON: Part of it is optical. 7 COMMISSIONER GRIFFIN: And some of it's 8 fiberoptics. You've got two hubs in there, or -- is it two? 9 Are there two hubs? So you'd have to rewire those hubs, 10 which will -- wherever it goes in this building. You're 11 talking a massive rewiring job, and I'm just guessing at the 12 number, but it wouldn't -- 13 COMMISSIONER LETZ: That answers the question 14 I wanted to know. I assumed it was going to be a pretty 15 substantial number. I just wanted to get it on the record. 16 You did that. 17 COMMISSIONER GRIFFIN: Well, it's -- and that 18 would include some considerable downtime, because you'd have 19 to -- 20 MR. TOMLINSON: Well, they'd have to -- on 21 top of that, the phone company would have to reroute some 22 lines. Like, for instance, we have a one-key -- one line 23 that end-points right there in that room. That would have 24 to be redone to patch with the Sheriff's Office. 25 COMMISSIONER GRIFFIN: Oh, yeah. 136 1 MR. TOMLINSON: So, we'd have to do the 2 phone -- just rewiring the cabling is not the whole picture. 3 COMMISSIONER LETZ: I mean, I agree. I mean, 4 I don't see any other option than to locate the Systems 5 Specialist back there. But also, I visited with Paula. I 6 know that's she's in a real space quandary back there, so 7 anything that we can do, even if it's -- I know it's not 8 budgeted right now to move things around to help her space 9 out or her storage ability. And then, if we have some 10 things that she can put downstairs, I would certainly 11 support that as well, because I know there's -- a lot of us 12 are -- you know, most departments actually are in pretty 13 good shape now, but she's one that needs -- in all the 14 remodel, didn't gain anything, and has grown. 15 COMMISSIONER GRIFFIN: I would certainly say 16 that we're going to take care of the storage problem. We've 17 got enough area in this courthouse now to do that. And, I'm 18 just saying that the -- that the information support 19 function, just as a part of that overall consideration, this 20 appears to be the way to go. Not to lessen anything -- any 21 of your requirements. 22 MS. RECTOR: I understand that. As long as 23 my situation can be addressed and we can take care of that, 24 wherever it's -- 25 JUDGE HENNEKE: Let me suggest that we get -- 137 1 ask Mr. Holekamp to do us a plan for redesigning the 2 remainder of the storage space to make it more efficient and 3 to meet the needs of Paula. 4 COMMISSIONER BALDWIN: Are you sure you don't 5 want to hire Keith? 6 JUDGE HENNEKE: No, I think we want to let 7 Glenn do this one. 8 COMMISSIONER GRIFFIN: And I would be glad to 9 help with that, come up with a design and get with Paula to 10 make sure that -- and see how much additional space you 11 need, make sure that gets fed back into the -- to the 12 allocation of space. 13 JUDGE HENNEKE: It's a good idea that we 14 implement immediately, we don't wait until the next budget 15 year, 'cause it's something you need to have -- you need to 16 have right away. 17 MS. RECTOR: That was the reason why I had 18 asked for that additional space back, because it would have 19 been the ideal area for my voter registration records that 20 have to be kept indefinitely and things like that, that -- 21 that need to be in a climate-controlled area. 22 COMMISSIONER GRIFFIN: Mm-hmm. 23 COMMISSIONER LETZ: We can solve some of 24 that. 25 JUDGE HENNEKE: Okay. 138 1 COMMISSIONER GRIFFIN: I think I made a 2 motion, didn't I? 3 JUDGE HENNEKE: No. 4 COMMISSIONER GRIFFIN: I will make a motion 5 that we allocate the spaces as discussed for the mainframe 6 and the area next to that for the information support 7 function -- operations and for the specialist. 8 COMMISSIONER WILLIAMS: Could you include in 9 it the revamping of the storage space for the Tax Collector? 10 COMMISSIONER GRIFFIN: Sure. I mean -- 11 COMMISSIONER WILLIAMS: So it gets done. 12 COMMISSIONER GRIFFIN: Sure. And, we'll look 13 at that whole storage, both for, perhaps, redesign of the 14 area that's available and what additional space, 15 climate-controlled, that we need. Yeah, we can include 16 that. 17 MS. RECTOR: Thank you. 18 COMMISSIONER WILLIAMS: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Griffin, second by Commissioner Williams, that the Court 21 allocate office space for information systems support 22 operations and for the Information Systems Support 23 Specialist next to the current mainframe, and prepare a plan 24 for redesign of the remaining storage space to support the 25 Tax Collector's office operations. Any further questions or 139 1 comments? If not, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. 6 COMMISSIONER BALDWIN: Judge, I have a 7 related question to Commissioner Griffin, if I could, 8 please. This morning, in your opening comments, you 9 introduced Mr. Brannon -- 10 COMMISSIONER GRIFFIN: Branham, 11 B-r-a-n-h-a-m. 12 COMMISSIONER BALDWIN: -- as our new 13 Information Systems Support Specialist. Are we going to 14 bring him to Commissioners -- bring him to full 15 Commissioners Court for approval of hiring a person? Or was 16 that done in a previous -- it may -- back of my mind, seemed 17 like we did something, and I cannot remember what that was, 18 authorizing you to do some things. 19 COMMISSIONER GRIFFIN: Well, we created a 20 position. Then we created the committee -- the search 21 committee to evaluate, and we put out the notice and -- you 22 know, through the Texas Workforce Commission and Texas 23 Workforce Center locally. And -- 24 COMMISSIONER BALDWIN: Seems to me that it 25 might need to come -- 140 1 COMMISSIONER WILLIAMS: He's an employee of 2 Commissioners Court, correct? 3 COMMISSIONER GRIFFIN: No -- well, employee 4 of the County and reports to the County Judge. 5 COMMISSIONER WILLIAMS: Yeah. Commissioners 6 Court. 7 COMMISSIONER GRIFFIN: The County Judge 8 actually has the hiring and firing capability, the way we 9 structured it. We did approve that. 10 COMMISSIONER LETZ: I thought Commissioners 11 Court -- 12 JUDGE HENNEKE: No, he was specifically set 13 up to report directly to the County Judge. That's the way 14 it was approved. 15 COMMISSIONER GRIFFIN: That's the job 16 description, and that's -- and we did that so that it would 17 be -- you know, every County employee has a reporting 18 official that hires and fires. You know, it's obvious to 19 say that if -- 20 COMMISSIONER LETZ: That's not true. Glenn 21 doesn't. Marc Allen doesn't. 22 COMMISSIONER GRIFFIN: No, what I mean -- 23 COMMISSIONER LETZ: They report to 24 Commissioners Court. 25 COMMISSIONER GRIFFIN: They report to 141 1 Commissioners Court? 2 COMMISSIONER LETZ: Right. So, every 3 employee doesn't have a person. There's two right there 4 that have -- 5 COMMISSIONER GRIFFIN: But there's somebody 6 in the reporting chain -- 7 COMMISSIONER LETZ: Not those. 8 JUDGE HENNEKE: They report to the Court. 9 COMMISSIONER LETZ: They report to the Court. 10 COMMISSIONER BALDWIN: I guess my question -- 11 COMMISSIONER GRIFFIN: Who writes their 12 evaluation? 13 COMMISSIONER BALDWIN: -- is has this Court 14 approved that slot? I guess we did approve the slot. 15 COMMISSIONER GRIFFIN: Yes. 16 COMMISSIONER BALDWIN: In the budget process. 17 JUDGE HENNEKE: Yes. 18 COMMISSIONER BALDWIN: And then along comes 19 John Doe. Does this Court approve that person to fill in 20 the slot as an employee? I would think that that is a 21 County Treasurer/Personnel question. 22 MR. TOMLINSON: Depends on -- 23 COMMISSIONER BALDWIN: You're the Auditor, 24 Tommy. 25 MR. TOMLINSON: What -- it depends on, I 142 1 think, on who the supervisor is. If it were a slot for my 2 department, then I would approve it. In this case, if -- if 3 the person reports to the Court, then the Court approves it. 4 If he reports directly to the County Judge, then the County 5 Judge approves it, as I see it. 6 COMMISSIONER LETZ: I would agree. 7 JUDGE HENNEKE: That's the way it was 8 created. 9 MS. NEMEC: What does the job description 10 say? Who does he report to on the job description? Do you 11 remember? 12 COMMISSIONER GRIFFIN: County Judge. 13 COMMISSIONER LETZ: That's -- you know, I 14 didn't even notice that. It seems odd to me, but what's 15 done is done. 16 COMMISSIONER GRIFFIN: Well, the reason that 17 you should have -- if we don't have, we should have an 18 individual on every job description that that person reports 19 to, because that person then is responsible for that 20 employee's evaluations. We've talked about it several 21 times, but I know we don't -- 22 JUDGE HENNEKE: The department heads are 23 hired by the Court. 24 COMMISSIONER GRIFFIN: Right. 25 COMMISSIONER LETZ: And there is no -- 143 1 JUDGE HENNEKE: So there's not an individual. 2 There's an entity, which is Commissioners Court, that 3 Leonard and -- 4 COMMISSIONER GRIFFIN: Right. 5 JUDGE HENNEKE: -- and Marc and Glenn report 6 to. 7 COMMISSIONER GRIFFIN: I understand. 8 JUDGE HENNEKE: Not a specific individual. 9 COMMISSIONER LETZ: This is making two 10 systems now. We have some that report -- or one that 11 reports to the County Judge, and the rest report to the 12 Court. So, we're treating -- we have people that are, to 13 me, on the same type level, they're being handled two 14 different ways. 15 COMMISSIONER GRIFFIN: Well, and we can fix 16 that, but -- and we should. But, you know, the idea is -- 17 is that the job description says that the Information 18 Systems Support Specialist works in the Commissioners -- the 19 department listing is Commissioners Court. The -- the 20 person he reports to or supervisor is the County Judge. 21 That's the way it's listed. 22 JUDGE HENNEKE: Let's go back and look at 23 that when we do the budget, and if we want to clean it up 24 and change it, we can. 25 COMMISSIONER GRIFFIN: We do need to be 144 1 consistent, and we should -- and we need to, perhaps, look 2 at our other job descriptions to see where we've got -- we 3 end up with a problem. I think in any personnel system, we 4 -- you would always end up with problems of employees that 5 never are evaluated if they report to some department or 6 entity. They need to report to an individual. It's just 7 good personnel management. 8 COMMISSIONER BALDWIN: I wouldn't want that 9 person to have to come in here and deal with all five of us, 10 or all five of us trotting down there. I understand that 11 clearly. But, I also look at the reason that that person is 12 reporting to the County Judge, is because County Judge is 13 CEO of this Board. 14 COMMISSIONER GRIFFIN: Mm-hmm. 15 COMMISSIONER BALDWIN: That's the way I 16 thought of that. 17 MS. NEMEC: I think he should report to the 18 County Auditor, and that would take care of the problem 19 here. And -- and, really, if you come to -- if you think 20 about it, the County Auditor is the one that really knows 21 what's going on with the computer system, anyway. He's the 22 one that's going to be working with him closely. 23 COMMISSIONER LETZ: That's the current 24 Auditor, not necessarily any auditor. 25 MS. NEMEC: Well, true. At that time it 145 1 could be changed, though. 2 COMMISSIONER BALDWIN: And this County 3 Auditor said he wanted out of business, and we're doing 4 everything that we can to meet his needs. 5 JUDGE HENNEKE: We're probably starting to 6 skate pretty thin on the agenda item. Let's go back to the 7 posted agenda. 8 MS. NEMEC: Don't you want another employee, 9 Tommy? 10 JUDGE HENNEKE: Next item is Item Number 29, 11 consider and discuss funding of the placement and service of 12 two portable toilets for public use on County property at 13 Lake Ingram Dam from May 25th, Year 2001, until 14 September 4th, Year 2001. 15 COMMISSIONER BALDWIN: Second. 16 COMMISSIONER GRIFFIN: Up until '97, the 17 County did this at Lake Ingram Dam on -- next to the dam 18 area there. For whatever reason, it was dropped, which 19 really creates a -- a burden during the high tourist season, 20 because people want to go across the street to those strip 21 businesses in that strip center there, and -- the Dam Store 22 and others. And, those septic systems were not designed to 23 handle that kind of load, so we're creating a real threat to 24 the river. And, the proposal is to go back to the system 25 where, just during the period right before Memorial Day to 146 1 right after Labor Day, we put those two there, have them 2 serviced. The total cost for that was 680 bucks -- $680. 3 I'll make a motion that we do provide that, and that the 4 funds be taken from Contingency and paid directly, since 5 there is no line item for that. That's what Tommy tells me 6 we need to do. 7 COMMISSIONER LETZ: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Griffin, second by Commissioner Letz, that the Court 10 authorize placement of two portable toilets at the Lake 11 Ingram Dam on County property from May 25th, Year 2001, 12 until September 4, 2001, at a total cost of $680, such funds 13 to be taken from Nondepartmental Contingency. That seems 14 pretty low to me. I mean, that -- 15 COMMISSIONER GRIFFIN: Well, it's -- 16 JUDGE HENNEKE: Two port-a-pottys. 17 COMMISSIONER GRIFFIN: -- $170 a month. 18 JUDGE HENNEKE: For two? 19 COMMISSIONER GRIFFIN: For two. And that 20 includes the service. So, I didn't argue. 21 JUDGE HENNEKE: Any further questions or 22 comments? 23 COMMISSIONER LETZ: A comment. This relates 24 to what we're trying to get down at Flat Rock. I've been 25 visiting with Bob Barker at Freed and Barker, and they are 147 1 working on designing a precast system that will go at Flat 2 Rock, and it would also be suitable to put both at Ingram 3 and at Center Point, 'cause it can be outfitted with a 4 septic tank that has to be pumped on a regular basis, not a 5 sewer. 6 COMMISSIONER WILLIAMS: That would be good. 7 COMMISSIONER LETZ: Anyway, we're working 8 on -- I met last week. We're trying to make sure the design 9 is functional. I think they're also looking at it as a 10 way -- a new thing they may start creating and building. 11 COMMISSIONER WILLIAMS: Who are you working 12 with? 13 COMMISSIONER LETZ: Bob Barker. They're 14 looking at doing it in such a way the that the plumbing is 15 cast in with it, with all the fittings in the wall, totally 16 indestructible system, concrete roof we put on it and 17 stainless steel fixtures that are all built into concrete, 18 or pretty much attached to it. But, anyway, it would be 19 something that could be used in all those facilities if we 20 can come up with a design that we can afford. 21 COMMISSIONER BALDWIN: My only question is, 22 did Letz really get the second on this, or is it mine? 23 JUDGE HENNEKE: Whatever was reported. 24 COMMISSIONER BALDWIN: I seconded before it 25 was even made. 148 1 COMMISSIONER GRIFFIN: That's right. Fair is 2 fair. 3 COMMISSIONER BALDWIN: That's right. 4 JUDGE HENNEKE: Motion made and seconded. 5 All in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. I think that 10 was an aye by Commissioner Williams. Item Number 30, 11 consider and discuss the approval of Hermann Sons Bridge 12 Advanced Funding Agreement with TexDOT and authorize County 13 Judge to sign same. Commissioner Letz. 14 COMMISSIONER LETZ: This -- I alluded to this 15 this morning. The price tag of the permanent structure 16 jumped in the last two weeks from about $600,000 to about 17 $900-something thousand. The -- and while we're at this 18 point, I guess about 10 days ago I met with Bill Tucker and 19 Mike Howard, and we walked the river to find out where the 20 best location would be for a permanent structure, and pretty 21 much identified what makes the most cost-effective -- even 22 though it seems pretty expensive, the cost-effective 23 location. And, they cannot authorize -- they will not start 24 doing the work on it until we pass this -- or, I guess, 25 approve this agreement and authorize it. What it adds up to 149 1 is a commitment of the County for $92,110, plus 100 percent 2 of all right-of-way acquisition costs, and there will be 3 right-of-ways to acquire this new location. Any location -- 4 anywhere we move the bridge or put the bridge is going to 5 have a right-of-way scenario to it. This is probably less 6 than some of the other options that we looked at. But, 7 that's where we are. Timing, it would be constructed 8 basically 12 months from now, hopefully. That's their best 9 guess, is 12, 14 months from now, so next budget year. But, 10 we need to figure out where we're going to come up with 11 $92,110. Plus the -- 12 COMMISSIONER GRIFFIN: We really need to come 13 up with 12 now. 14 COMMISSIONER LETZ: And the $12,000, I think, 15 will come out of the -- the flood money. I mean, to me, 16 that's something -- the bridge washed out due to a flood, so 17 we can tap that fund that we have to use for floods right 18 now, and then look at, during the budget process, exactly 19 what -- where the balance of the money is going to come 20 from. But, $12,000 can come out of that fund, and the 21 majority of the money may be able to come out of that fund. 22 COMMISSIONER GRIFFIN: How much is in that 23 fund? Do we know? 24 COMMISSIONER LETZ: A hundred and -- 25 MR. TOMLINSON: About 110, I think. 150 1 COMMISSIONER LETZ: Quite a bit. I don't 2 know. 3 MR. TOMLINSON: We've spent some of it. 4 COMMISSIONER LETZ: We're going to use some 5 of it on the temporary, but a lot less on the temporary than 6 we at one point thought. But, it still -- but, anyway, 7 that's where we are. I'll make a motion that we approve the 8 Advanced Funding Agreement with Texas Department of 9 Transportation. 10 JUDGE HENNEKE: Do you want to address the 11 issue of funds? 12 COMMISSIONER LETZ: And the $12,000 -- 13 JUDGE HENNEKE: Or later? We have 30 days. 14 COMMISSIONER LETZ: Just do it now. And the 15 $12,000 fee, which is to be due within 30 days, will come 16 from the -- what, flood -- 17 MR. TOMLINSON: Flood Control. 18 COMMISSIONER LETZ: Flood Control fund. 19 COMMISSIONER GRIFFIN: And authorize County 20 Judge to sign same. 21 COMMISSIONER LETZ: Correct. 22 COMMISSIONER WILLIAMS: Second. 23 JUDGE HENNEKE: Moved by Commissioner Letz, 24 seconded by Commissioner Williams, that the Court approve 25 the Advanced Funding Agreement for Hermann Sons Bridge with 151 1 the Texas Department of Transportation and declare a budget 2 emergency and to allocate $12,000 from the Flood Control 3 line item for the initial payment of the County's portion of 4 that project. Any questions or comments? 5 COMMISSIONER LETZ: I'll -- my only comment 6 would be that during my commentary, I made a comment about 7 engineering versus just getting the job done. TexDot's 8 engineering fee is $120,000 for this project. 9 (Discussion off the record.) 10 JUDGE HENNEKE: 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. I believe 16 that's all. We are adjourned. We have a workshop posted 17 for 2 o'clock on sunset, so we'll see everyone at 2 o'clock. 18 (Commissioners Court adjourned at 12:15 p.m.) 19 - - - - - - - - - - 20 21 22 23 24 25 152 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 21st day of May, 2001. 8 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25