1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 25, 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 June 25, 2001 2 PAGE --- Commissioners Comments 3 3 1.1 Pay Bills 4 4 1.2 Budget Amendments 5 1.3 Late Bills 13 5 1.4 Approve and Accept Monthly Reports 13 6 2.1 Present award to Kerr County Collections Dept. 14 7 2.3 Discuss Child Welfare Services fund 16 2.5 Approval of interlocal contract for Kerrville 8 State Hospital hearings and setting of fees 22 2.6 Substitutions on Capital Outlay schedule for the 9 Hill Country Youth Exhibition Center budget 23 2.13 Approve & adopt OSSF program procedures for real 10 estate transfers, authorize Judge to sign 26 2.14 Approval of contract for construction management 11 services, lower level construction 40 2.9 PUBLIC HEARING - Final revision of plat for Lots 12 97, 98, 100, 101, 117B, 117C, 117D, 119C & 119D, Falling Water Subdivision, Precinct 3 49 13 2.10 Final revision of plat, Falling Water (above) 51 2.11 PUBLIC HEARING - Revision of plat for Lots 1, 17, 14 18, 19, 21, 22, 44 & common area, Cypress Springs Springs Estates, Phase I 53 15 2.12 Revision of plat, Cypress Springs Estates (above) 53 2.7 PUBLIC HEARING - finalize adoption of Closed 16 Landfill Inventory for Kerr County 58 2.8 Final adoption of Closed Landfill Inventory 59 17 2.2 Outstanding bill for contract labor incurred by Child Services Board 62 18 2.4 Approve board members, Child Welfare Services Board 70 19 2.15 Set public hearing on proposed Redistricting plan 72 1.2* Budget Amendment Number 1, Road & Bridge Dept. 78 20 2.16 Discuss setting workshop on form of volunteer fire department contracts 81 21 2.17 Burn ban 90 2.18 Approve budget workshop schedule 93 22 2.19 Approval of TCDP Contract #721075, and authorize County Judge to sign same 94 23 2.12* Final plat approval, Cypress Springs Estates 98 24 --- Adjourned 99 25 3 1 On Monday, June 25, 2001, at 9:00 a.m, a special meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: It's 9 o'clock in the morning 7 on June 25th, Year 2001. We will call to order this regular 8 special meeting of the Kerr County Commissioners Court. 9 Commissioner Williams, I believe you have the honors this 10 morning. 11 COMMISSIONER WILLIAMS: Thank you. Rise, 12 join me in a word of prayer. 13 (Prayer and pledge of allegiance.) 14 JUDGE HENNEKE: At this time, any citizen 15 wishing to address the Court on an item not listed on the 16 regular agenda may come forward and do so. Is there anyone 17 in the audience who would like to address the Court on an 18 item not listed on the regular agenda? Seeing none, we'll 19 move on to the Commissioners' comments. Commissioner 20 Williams? 21 COMMISSIONER WILLIAMS: I don't have anything 22 this morning, Judge. We'll just let it flow, in due course. 23 JUDGE HENNEKE: Commissioner Letz? 24 COMMISSIONER LETZ: Likewise, I really don't 25 have anything. The comments I have I think will be 4 1 addressed during specific items on the agenda. 2 JUDGE HENNEKE: Commissioner Griffin? 3 COMMISSIONER GRIFFIN: Well, it's good to be 4 back after a nice vacation. I notice that while I was gone, 5 it got awfully dry. It was fine when I left, so I don't 6 know what -- what more I could have done. But -- so, 7 anyway, I had a great vacation, and it's good to be back. 8 Always good to get home. 9 JUDGE HENNEKE: Commissioner Baldwin? 10 COMMISSIONER BALDWIN: I don't have a thing. 11 JUDGE HENNEKE: We're on a roll this morning. 12 I will remind everyone that our next meeting is Friday, July 13 the 6th, at 9 o'clock in the morning. Cutoff for agenda 14 items will be Monday at noon -- Monday, the 2nd, I guess it 15 is, at noon. We'll have to post the agenda Monday 16 afternoon. There will be no exceptions to that. Depending 17 on whether or not the Auditor's office is able to process 18 some bills, we may have to have a special session to pay 19 bills, probably on -- perhaps on the 13th. Hopefully, we 20 can address that on the 6th. Okay. Let's move to the 21 approval agenda. We have some bills. Anyone have any 22 questions or comments regarding the bills as presented and 23 recommended by the Auditor? 24 COMMISSIONER LETZ: Move we pay the bills. 25 COMMISSIONER BALDWIN: Second. 5 1 JUDGE HENNEKE: Motion by Commissioner Letz, 2 second by Commissioner Baldwin, that the Commissioners Court 3 approve payment of the bills as recommended and presented by 4 the Auditor. Any further questions or comments? If not, 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. Budget 10 amendments. First budget amendment is for Road and Bridge. 11 MR. TOMLINSON: This is a request from -- 12 from Leonard Odom to transfer $4,610 from Crew Salaries, 13 $3,312 to Overtime and $1,298 to Part-Time Salaries. 14 JUDGE HENNEKE: Questions or comments? 15 COMMISSIONER BALDWIN: Sure, I've got a 16 question. How -- how could we possibly have $4,600 left in 17 your Crew Salaries? 18 MR. TOMLINSON: I think that he -- I mean, I 19 think there's some he didn't replace immediately. I'm -- 20 I'm not sure. I'm thinking that's what it is, but I know 21 there's -- I know there's -- there's quite a bit of money 22 left in Crew Salaries. 23 COMMISSIONER BALDWIN: And, we have -- and 24 why do we have overtime? Have we had a flood? 25 COMMISSIONER WILLIAMS: Maybe the Hermann 6 1 Sons bridge, maybe? 2 MR. TOMLINSON: I don't know. I didn't -- I 3 didn't talk to Leonard about this. 4 COMMISSIONER BALDWIN: Well, if they were 5 here, I've got lots of questions about it. I know you're 6 the wrong person to ask, Tommy. I didn't mean to badger 7 you. 8 COMMISSIONER LETZ: They'll probably be in 9 later on. Franklin, I'm sure, will be here for the -- 10 MR. TOMLINSON: Yeah, he'll probably know. 11 COMMISSIONER BALDWIN: Well, I'd like to 12 know, you know, how -- how did we get this far off in the 13 budget process and in part-time salaries and overtime? 14 There hasn't been anything big going on, unless Commissioner 15 Letz' bridge. 16 COMMISSIONER LETZ: It's the County's bridge. 17 COMMISSIONER BALDWIN: I'd like -- I really 18 would like to know. I'd like for them to explain to the 19 public of Kerr County how their dollars are being spent. 20 JUDGE HENNEKE: We can hold this and 21 readdress it later in the process, if that's the desire of 22 the Court. Let's go to Number 2, which is from the County 23 Jail and Sheriff's Department. 24 MR. TOMLINSON: Okay. The first part of it 25 is for the jail. It's to transfer $1,823.87 from Overtime 7 1 to Prisoner Medical, and we do have a bill currently for 2 that for $1,826. Also -- and for the -- for the Sheriff's 3 Office, their request to transfer $3,421.34 from Radio 4 Equipment line item to Vehicle Repairs and Maintenance. 5 COMMISSIONER LETZ: So moved. 6 COMMISSIONER WILLIAMS: Second. 7 JUDGE HENNEKE: Moved by Commissioner Letz, 8 seconded by Commissioner Williams, that the Court approve 9 Budget Amendment Request Number 2 for the County Jail and 10 the Sheriff's Department. Any further questions or 11 comments? 12 COMMISSIONER GRIFFIN: Question. 13 JUDGE HENNEKE: Sir? 14 COMMISSIONER GRIFFIN: Does that Radio 15 Equipment line item -- is this going -- does this in any way 16 impact our ability to move -- keep moving forward with that 17 program? 18 JUDGE HENNEKE: No, it does not. 19 COMMISSIONER GRIFFIN: Because we're taking 20 money out of that. 21 JUDGE HENNEKE: At this time, it does not. 22 COMMISSIONER GRIFFIN: Okay. 23 JUDGE HENNEKE: Because we have ample funds 24 in there to complete the RFP process, and we'll have to 25 address the actual purchase of the equipment subsequently. 8 1 COMMISSIONER LETZ: I think it does affect 2 it, though, from the standpoint of -- I mean, we're taking 3 money that's budgeted for one item and transferring it, so 4 it will have a future impact, because that money's not going 5 back into the budget. We're not quite as far along as we 6 thought we'd be on that. 7 COMMISSIONER GRIFFIN: That's what I thought, 8 but I just didn't recall. 9 JUDGE HENNEKE: It doesn't have an immediate 10 impact, but it does have a long-term impact. Any further 11 questions or comments? If not, all in favor, raise your 12 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 Number 3 is for J.P. 3. 18 MR. TOMLINSON: Okay. This is a request from 19 Judge Tench to transfer $400 from Postage to his Part-Time 20 Salary. 21 JUDGE HENNEKE: Any questions or comments? 22 COMMISSIONER LETZ: Do you know the -- I 23 guess, the reason for it? I mean, it's a pretty big -- 24 MR. TOMLINSON: I know that what he uses it 25 for is to -- is to pay a substitute when his clerk is out. 9 1 I do -- I believe that she was -- I know she had a problem 2 when her house burned. I know she was out -- 3 COMMISSIONER LETZ: Okay. 4 MR. TOMLINSON: -- some then. And, I know 5 she probably has a vacation coming, so my -- I don't know 6 this for sure, but my -- my assumption is that he needs this 7 additional for her vacation. 8 COMMISSIONER GRIFFIN: So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE HENNEKE: Moved by Commissioner 11 Griffin, seconded by Commissioner Letz, that the Court 12 approve Budget Amendment Request Number 3 for J.P. 3. Any 13 further questions or comments? If not, all in favor, raise 14 your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Budget 19 Amendment Request Number 4 relates to Nondepartmental, 20 County-Sponsored Activity, and Road and Bridge. 21 MR. TOMLINSON: We have a bill from Texas 22 Association of Counties, $27,662.75 for worker's comp. Our 23 total after -- after our audit, our total premium for -- for 24 the year is $110,651. We've paid it all except this 25 $27,662. In the General Fund, in -- in Worker's Comp, 10 1 there's -- there's only $2,302 remaining, and in Road and 2 Bridge, we already overspent that by $4,749. So, in order 3 to -- to shift funds to pay this, I'm recommending that we 4 take $10,217 out of the Appraisal District contract; we 5 overbudgeted by that amount, by the $10,000, and $9,727 from 6 Nondepartmental Contingency. That will take care of -- of 7 the General Fund part of this. And, for the Road and Bridge 8 part of it, I'm recommending that we take $7,425.34 from 9 Capital Outlay, which is the amount that remains, and 10 everything being purchased for that, and, $7,323.60 from 11 Crew Salaries. 12 COMMISSIONER LETZ: Will that leave enough in 13 Crew Salaries to get us through the year? 14 MR. TOMLINSON: Yes, it will. 15 JUDGE HENNEKE: How did we get so far off on 16 Workman's Comp and the KCAD contract? I mean, KCAD 17 contract, I thought, was a number provided by the Appraisal 18 District. 19 MR. TOMLINSON: There is a timing factor in 20 that. We pay -- we pay behind a quarter, and we've already 21 paid four quarters, and so we don't have another payment due 22 until October. 23 JUDGE HENNEKE: Okay. 24 MR. TOMLINSON: And, as far -- and the budget 25 was based on how far the -- the contract was based on their 11 1 new budget, so that's -- that's the reason for over. 2 JUDGE HENNEKE: And the workman's comp 3 premium? 4 MR. TOMLINSON: Well, the -- we pay worker's 5 comp for the first three-quarters based on -- on the prior 6 year. And, so, you know, there's a lot of things that 7 happen between -- between years, and one is volume, and the 8 other's experience. And -- and some -- sometimes there's 9 changes in -- in the rate that is applied to the -- to 10 different types of employees. And, I have -- I have the 11 audit in front of me, and our -- our total contribution 12 before any modifier or -- underwriting modifier or expense 13 modifier and our discounts -- and our property discount was 14 $216,355. So, when you -- when you take -- so, all of our 15 modifiers to our base premium is about 53 percent. So -- 16 and, actually, we're only paying, in hard dollars, the 17 $110,000. 18 JUDGE HENNEKE: So, for the -- for purposes 19 of next year's budget, we ought to work off the 110 instead 20 of 48,2? 21 MR. TOMLINSON: That's right. Correct. 22 JUDGE HENNEKE: Okay. Any other questions or 23 comments? 24 COMMISSIONER GRIFFIN: That was going to be 25 my question, too, was how does this affect the next budget 12 1 planning cycle so we don't end up having this happen again? 2 Okay. 3 COMMISSIONER WILLIAMS: Seems to apply to the 4 KCAD contract. How do we avoid a double whammy on that one, 5 on the next quarter? 6 COMMISSIONER LETZ: I think there's -- I 7 mean, my experience with Appraisal District, having served 8 on those boards, is their budget comes later and our payment 9 is based on their budget, so it's hard to project what their 10 budget's going to be exactly. I guess we could ask, you 11 know, for a best guess, what their budget's going to be. 12 Isn't that correct, Tommy? We base it -- 13 MR. TOMLINSON: That's correct. 14 COMMISSIONER LETZ: I mean, it's a -- we can 15 ask for a -- an estimate, but I don't know that they're 16 going to -- until their board approves their budget, it's 17 hard for to us know exactly what that amount's going to be. 18 COMMISSIONER GRIFFIN: I think what we have 19 to do is budget assuming that the same situation is going to 20 occur again. We have to budget on that basis. 21 COMMISSIONER LETZ: Right. 22 COMMISSIONER GRIFFIN: If we don't, we end up 23 with this. 24 COMMISSIONER LETZ: Right. I think you can 25 probably assume -- if you look historically, they're going 13 1 to have 3 or 4 percent increase in their budget, so we ought 2 to -- maybe 10 percent. You know, we need to just build in 3 a -- something into our budget. 4 MR. TOMLINSON: That's probably what we did. 5 That's the reason we had more money in there than what 6 actually is -- 7 COMMISSIONER GRIFFIN: Do we have a motion? 8 So moved. 9 COMMISSIONER LETZ: Second. 10 JUDGE HENNEKE: Motion by Commissioner 11 Griffin, second by Commissioner Letz, that we approve Budget 12 Amendment Request Number 4. Any further questions or 13 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. Do we have 18 any late bills, Tommy? At this time, I'd entertain a motion 19 to approve and accept the monthly reports as presented. 20 COMMISSIONER BALDWIN: So moved. 21 COMMISSIONER LETZ: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Baldwin, second by Commissioner Letz, that the Court approve 24 and accept the monthly reports as presented. Any further 25 questions or comments? If not, all in favor, raise your 14 1 right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. All right. 6 Let's move to the consideration agenda. The first item we 7 have is the presentation of award for the Kerr County 8 Collections program. Good morning. 9 MR. LEHMAN: Good morning, Judge, 10 Commissioners. My name is Jim Lehman. I'm with the State 11 Office of Court Administration. That office, at least twice 12 a year, gives an award to deserving counties for their 13 efforts in court collections. It's an honor and a privilege 14 for me to be here this morning to present this award to Kerr 15 County and to your Collections Department. I recently read 16 an article about a man who climbed Mt. Everest, and when he 17 was interviewed after the climb, the unique thing about this 18 gentleman is that he's blind, and his quote was, "It doesn't 19 take sight to climb mountains, just vision." I think Kerr 20 County's had that vision, and it's reflected in your 21 Collections Department, and I applaud each of you for taking 22 a bold step in handling something that most counties would 23 rather not deal with. Your department is one of the best in 24 the state. It's a model for other counties to emulate, and 25 I'd like to congratulate each of you and your Collections 15 1 Manager, Russ Duncan. Thank you. 2 (Applause.) 3 JUDGE HENNEKE: Wait a minute, you've got to 4 get the photo. Got to get the photo. 5 (Discussion off the record.) 6 MR. DUNCAN: Judge, thank you. And, really, 7 Jim said it. If it weren't for Commissioners Court and our 8 County Judge, I couldn't exist, because without your 9 support, I'd just die on the vine. I appreciate it. Thank 10 you. 11 JUDGE HENNEKE: We appreciate all the work 12 you and Brad have done with the Collections Department here. 13 The revenues reflect the hard work and dedication and the 14 importance of the program, and we sincerely appreciate your 15 efforts on behalf of Kerr County. 16 MR. DUNCAN: Thank you. 17 JUDGE HENNEKE: Jim, thank you again for 18 coming by this morning. 19 MR. LEHMAN: My pleasure. 20 COMMISSIONER BALDWIN: Jim, did you know that 21 I have Mr. Duncan on our program down at Beaumont? 22 MR. DUNCAN: He's going to be there, too. 23 COMMISSIONER BALDWIN: Okay, he did tell you 24 that. 25 JUDGE HENNEKE: Thank you. Next item for 16 1 consideration is Item Number 2, consider and discuss a bill 2 for outstanding contract labor incurred by the Kerr County 3 Child Services Board. I don't see Mr. Pickens, Commissioner 4 Baldwin. Are you going the run with this now, or put it 5 off? 6 COMMISSIONER BALDWIN: Well, if you don't 7 mind, I'd like to, because I voted not to pay the thing, so 8 it would be a moot point if they're not here to argue. So, 9 if you don't mind -- and I guess the next couple of them. 10 JUDGE HENNEKE: Next one will be Item Number 11 3, which is consider and discuss Child Welfare Services 12 fund. Do you want to take that one, or -- 13 COMMISSIONER BALDWIN: We can do that one. 14 Can't we? The president of the board phoned me and asked me 15 about a particular fund that is collected here. You know, 16 any time you go and serve on a jury panel in the District 17 Courts -- I don't know about the rest of the courts, but 18 upstairs, you're handed a little form that gives you an 19 option of agencies that you can donate your 5 bucks a day, 20 or whatever it is -- $5 a day to, and one of them is the 21 Crime Victim's Compensation fund, and the other is the Child 22 Welfare Services fund. And, he had called me about that and 23 we -- we dealt with it at this table a couple of years ago, 24 and I -- but I could not find anything in the minutes about 25 it. But, nevertheless, the form that they hand out upstairs 17 1 says that a juror can donate the -- fill out the form and 2 donate the money, and then that fund is -- the Treasurer 3 takes that fund and sends it to Austin, and then Austin 4 disburses it out through the State, and we've probably 5 received about 16 or 17 cents a year back from the thing. 6 But, that is incorrect. We've found new law that says that 7 the -- that that money can be -- stay right here in the 8 county and go into the -- go into the county budget here in 9 Kerr County. Mrs. Treasurer, would you like to make a 10 comment? 11 MS. NEMEC: Does the Commissioners Court have 12 to pass an order to that effect? 13 COMMISSIONER BALDWIN: No, it does not. 14 MS. NEMEC: It does not? 15 COMMISSIONER BALDWIN: No, ma'am. It says 16 the County Treasurer shall do that. 17 MS. NEMEC: Okay. So, when the jurors donate 18 their money, then instead of sending that to the state, I 19 can just keep it. I haven't seen that law. 20 COMMISSIONER BALDWIN: You have now. 21 MS. NEMEC: I'll just make a copy of it. 22 That's great. 23 COMMISSIONER BALDWIN: I'm sorry. I thought 24 I got it from you. I didn't get that from you? 25 MS. NEMEC: No, I think you got it from 18 1 Linda, probably. 2 COMMISSIONER BALDWIN: Okay. So, that -- 3 that would answer his question. If we're not doing that at 4 this time, we obviously will soon be doing that. 5 JUDGE HENNEKE: I think the difference is the 6 form they're using now says that the money is sent to Austin 7 for Child Welfare Services Board, and the new law says the 8 money will be retained in Kerr County. 9 COMMISSIONER BALDWIN: That's correct. 10 JUDGE HENNEKE: In a segregated fund for the 11 Child Welfare Services Board, which probably would prompt 12 more people to donate their funds if they thought it was 13 done locally. 14 COMMISSIONER BALDWIN: So true. 15 COMMISSIONER GRIFFIN: And the way I read 16 this, the crime victims -- crime fund does still go to 17 Austin. 18 COMMISSIONER BALDWIN: It probably does. 19 COMMISSIONER GRIFFIN: So, the form's got to 20 say one in one case and -- one way in one case and one way 21 in the other. 22 COMMISSIONER BALDWIN: So, when we do see the 23 Child Welfare Board people, we can say yes, that that fund 24 may not have been building here in Kerr County, but it will. 25 JUDGE HENNEKE: Barbara or Tommy, do we need 19 1 an order to set out a fund for that? I mean, do we need to 2 do -- since money will be retained locally, do you need 3 something from Commissioners Court to set up a fund for 4 Child Welfare Services Board, or do they just go 5 automatically into that line item? 6 MR. TOMLINSON: I think we need to maybe set 7 up a budget. 8 MS. NEMEC: It says here in a fund 9 established by the County to be used by the Child Welfare 10 Board in a manner authorized by the Commissioners Court. 11 COMMISSIONER BALDWIN: Well, I assumed that 12 that was the line item in the budget. 13 JUDGE HENNEKE: I would assume so, too. 14 MR. TOMLINSON: We'd have to have a revenue 15 line item specifically for that, and -- and then the money 16 would go into the line item where we expend moneys for -- 17 for the -- for the board. Or -- unless the money goes 18 directly to the board. But, I -- 19 JUDGE HENNEKE: No, it goes into a fund for 20 use by the board, for the authorized purposes. 21 COMMISSIONER GRIFFIN: So, we need to 22 establish a revenue fund? Do we need an order for that? 23 MR. TOMLINSON: I don't think so. 24 JUDGE HENNEKE: Okay. Well, let's -- 25 MS. NEMEC: Where am I going to put the money 20 1 when it comes in? 2 MR. TOMLINSON: That's what we'll do. We'll 3 establish a revenue line item. 4 COMMISSIONER LETZ: The Court doesn't. 5 Tommy's just going to establish the fund. 6 MS. NEMEC: Okay. 7 MR. TOMLINSON: We'll do that. 8 JUDGE HENNEKE: That's a good change. 9 COMMISSIONER BALDWIN: It is a good change. 10 And, if the word -- like you said, Fred, if the word was to 11 happen to get out, maybe more people would donate to that -- 12 to that fund. 13 JUDGE HENNEKE: And Child Welfare Services 14 Board is -- funds are used to provide services and benefits 15 to children who wouldn't otherwise -- 16 MR. TOMLINSON: There is more -- 17 JUDGE HENNEKE: Such as birthday presents 18 and -- 19 COMMISSIONER BALDWIN: We're going to talk 20 about that later. 21 JUDGE HENNEKE: -- graduation gifts and caps 22 and gowns and things like that. Okay. 23 MR. TOMLINSON: I think that probably -- I 24 don't know what the law says; I haven't seen it, but I think 25 that in the budget process, you have to decide whether or 21 1 not you wanted to -- to go ahead and budget what we have 2 budgeted for that service, or -- or you budget additional 3 money for that service. 4 JUDGE HENNEKE: I think the problem with that 5 is, until we have some track record of how much money will 6 be donated to that fund, we don't have any revenue. 7 MR. TOMLINSON: It will be difficult the 8 first year to do that, so you'd have to -- 9 JUDGE HENNEKE: My suggestion -- 10 MR. TOMLINSON: During the year, you would 11 have to amend the budget by whatever amount that is. 12 JUDGE HENNEKE: The first year, we'll 13 probably just let it ride the way we've done it before, see 14 what kind of funds we accumulate in that fund, and then 15 we'll -- 16 MS. NEMEC: It does say on here that the 17 Court would have to authorize the manner in which the funds 18 would be used, so if we get a bill and the Court doesn't 19 approve of it, then we don't have to give them the money. 20 So, it's entirely up to y'all. 21 JUDGE HENNEKE: Okay. Anything else? Do you 22 want to do Number 4, Commissioner, on the board members? 23 COMMISSIONER BALDWIN: No. They're 24 definitely not here. No, we were hoping that some of them 25 would come in, and -- and so that we could recognize them, 22 1 but they will -- they'll be here in a little while. 2 JUDGE HENNEKE: We'll come back to it. 3 COMMISSIONER BALDWIN: Thank you. 4 JUDGE HENNEKE: Let's go to Item Number 5, 5 which is consider and discuss approval of the form of 6 interlocal contract for Kerrville State Hospital hearings 7 and setting of the fees therein provided. Jannett? 8 MS. PIEPER: Morning, gentlemen. Basically, 9 the Judge stated what it is. This is just our normal 10 procedure that we need to go through to approve the contract 11 for the hearings at the State Hospital. To my knowledge, 12 nothing has changed, other than just the -- the dates. 13 COMMISSIONER WILLIAMS: Fee structure's the 14 same? 15 MS. PIEPER: Fee structure's the same. I 16 talked to the Sheriff, and he's not due to go up until maybe 17 next year. He'll look at it then. 18 COMMISSIONER WILLIAMS: So moved. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Williams, second by Commissioner Griffin, that the Court 22 approve the form of the interlocal contract for Kerville 23 State Hospital hearings and the fee described therein. 24 Commissioner, does your motion include authorizing the 25 County Judge to sign contract? 23 1 COMMISSIONER WILLIAMS: It does include that. 2 COMMISSIONER GRIFFIN: And the second does, 3 too. 4 JUDGE HENNEKE: Any further questions or 5 comments? 6 COMMISSIONER LETZ: The -- this has been run 7 through the County Attorney at a prior time? I think it's 8 the same form. 9 JUDGE HENNEKE: It was last year. It was 10 done by -- actually, redone by the County Attorney's office 11 a year ago. 12 COMMISSIONER LETZ: That's right. 13 JUDGE HENNEKE: Any further questions or 14 comments? If not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 MS. PIEPER: Thank you. 19 JUDGE HENNEKE: Okay. The next item, Item 20 Number 6, consider and discuss substitution on the Capital 21 Outlay schedule for the Hill Country Youth Exhibition Center 22 budget. Mr. Holekamp. 23 MR. HOLEKAMP: Morning. What we've done is, 24 due to some changes and some breakdowns in our -- some of 25 the equipment that we had not budgeted for this -- in this 24 1 year's budget, we've had some unexpected breakdowns, so what 2 I've proposed to do here is to substitute some items that we 3 budgeted for, some that we really do need. One of them, the 4 trailer, that is to be able to haul the skid steer loader 5 that we got in this year's budget to different work sites. 6 That's got heavy enough axles to accomplish that. And then 7 the rotary cutter is a replacement shredder for the parks 8 and other areas that we need done. And then the weedeaters, 9 we -- we've had a rash of problems with weedeaters dying, 10 and not being able to revive them. So -- 11 JUDGE HENNEKE: Questions or comments? 12 COMMISSIONER BALDWIN: Could you put in a 13 couple of extra dollars and buy some light bulbs for our 14 court, for the honorable Commissioners Courtroom? 15 MR. HOLEKAMP: They are out again. 16 COMMISSIONER BALDWIN: Yeah. 17 COMMISSIONER WILLIAMS: Move the approval of 18 the substitution request for Hill Country Youth Exhibit 19 Center's Capital Outlay items as presented. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Williams, second by Commissioner Griffin, that the Court 23 approve the substitution request for Hill Country Youth 24 Exhibition Center Capital Outlay items as presented. 25 COMMISSIONER BALDWIN: I do have a quick 25 1 question. Glenn, in the deleted items, the tiller. 2 MR. HOLEKAMP: Yes, sir? 3 COMMISSIONER BALDWIN: Was that -- were you 4 going to use that for the arena floor? 5 MR. HOLEKAMP: Yeah -- yes, sir, it was for 6 the roping boxes and that sort of thing, where you just -- 7 COMMISSIONER BALDWIN: And, so, what will you 8 do? 9 MR. HOLEKAMP: What we're doing is, we use 10 trustees to dig it up with picks. 11 COMMISSIONER BALDWIN: Oh, that's better. 12 Good. Yeah, I like that, okay. 13 COMMISSIONER LETZ: Question I had is on the 14 -- the shredder. 15 MR. HOLEKAMP: Yes, sir? 16 COMMISSIONER LETZ: Seems like a high price. 17 MR. HOLEKAMP: That's a 7-footer bush-hog. 18 It does seem high. We -- we had a cheaper one this last -- 19 two years ago, I guess it is now, and it has constantly -- 20 we're welding on it constantly to keep it together. So, we 21 went to the heavier duty one to -- and that was the prices 22 that we received on the 7-footer. Now, I can -- before we 23 spend this money, I will go out and solicit several 24 different prices. This was just a -- we got -- one price 25 was 11 -- I mean $2,100, and the other price was $2,040, so 26 1 I put that price down on here. 2 COMMISSIONER LETZ: Another thing you 3 might -- they've come out with, for the skid steer, some 4 shredder attachments that go on the front that, in park 5 settings, really work well. I mean, I think you need this 6 shredder as well, but just in the future, you may look at 7 that. 8 MR. HOLEKAMP: Yes, I -- 9 COMMISSIONER GRIFFIN: Already looked at it? 10 MR. HOLEKAMP: It's nice and expensive. 11 So -- but yes, it would -- very, very good idea, yes. 12 JUDGE HENNEKE: Any further questions or 13 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. 18 MR. HOLEKAMP: Thank you. 19 JUDGE HENNEKE: We're going to skip to Item 20 Number 13, because the ensuing items involve public hearings 21 which are scheduled for 10 o'clock, so we'll go ahead. Item 22 Number 13 is consider and discuss approving and adopting the 23 Kerr County On-Site Sewage Facility program procedures for 24 real estate transfers and authorize County Judge to sign 25 same on a specified date. Commissioner Griffin. 27 1 COMMISSIONER GRIFFIN: Yes. As the Court 2 will recall, we have a pending new court order on O.S.S.F., 3 that it now includes a -- a Section 10, which would cover 4 real estate transfer inspections. However, the Court -- we 5 had decided that we would not sign that to implement it 6 until such time as we had the procedures that would be 7 followed in conducting those inspections. Over the last 8 several weeks, I have worked this draft. I think it answers 9 our questions. If it doesn't, I would remind the Court also 10 that this is our document. We don't have to get T.N.R.C.C. 11 approval. If we want to change it at any time in the 12 future, we can put it on the agenda to change it. I think 13 we'll probably work with the D.R., the Designated 14 Representative, in seeing how this works, and if there's 15 anything that needs to be added or modified that's in this 16 -- in these procedures, we would do that without having 17 to -- of course, then to modify our court order. It will 18 stay as it is. 19 I'm satisfied that this answers the mail, 20 that it does what we want it to do and provides enough 21 guidance to the D.R. and enough information to the public 22 that they can be handed this document and have a good idea 23 of what's going to occur. We don't completely tie the 24 D.R.'s hands, because, as we all know, every situation is a 25 little different, so that we've tried to put enough 28 1 flexibility in -- into this that -- that those kind of 2 contingencies can be met, if there's a specific case, but 3 we've also tried to say we won't be any more invasive with 4 real estate transfer inspections than we have to be to 5 protect public health and not create nuisance -- or not let 6 nuisances continue to occur. So, I'm ready to make a 7 motion. There is one amendment -- I didn't catch this. I 8 was -- there is one slight amendment that I will make that 9 has to do with fees, but that's a technical amendment, and 10 that's the only thing I would change on this. And I'm ready 11 to make a motion whenever. 12 COMMISSIONER BALDWIN: The typo -- oh, no, 13 this is your backup. But, I tell you, what I want to 14 commend you on is just this one sentence where the typo is, 15 and what grabbed my thoughts. "We don't want to go to 16 unnecessary extremes in the inspection process." To me -- 17 to me, that lifted a cloud off my thinking. It made me feel 18 better about the whole thing. We don't want to go to any 19 extremes to the taxpaying public. And, you need to add a -- 20 COMMISSIONER GRIFFIN: And our D.R. is 21 committed to that, as well; that we're here to enforce state 22 law, the T.N.R.C.C. rule, and our court order, and that 23 we're here in this process protecting public health and 24 seeing that nuisances aren't created, which is exactly -- 25 and all the law allows us to do, as a matter of fact. We're 29 1 not going to go beyond that. 2 COMMISSIONER LETZ: What -- go ahead. 3 COMMISSIONER BALDWIN: I just had a couple 4 more little things, Jon, then I'll let you have it. In the 5 procedures, itself -- 6 COMMISSIONER GRIFFIN: Mm-hmm. 7 COMMISSIONER BALDWIN: -- here, these papers 8 right here. Now, they are the -- anyone that comes in for 9 transfer receives this information? 10 COMMISSIONER GRIFFIN: Yes. That is -- now, 11 I haven't worked out all the details. 12 COMMISSIONER BALDWIN: I understand. 13 COMMISSIONER GRIFFIN: Well, when they get 14 that, yes, I foresee that anyone would have this handed to 15 them, and if they've got questions, they can ask it of the 16 D.R. 17 COMMISSIONER BALDWIN: And they're going to 18 be able to read the sentence, "The Kerr County Commissioners 19 Court strongly recommends that when acquiring property with 20 an O.S.S.F., the acquiring party should insist that the 21 system meets standards." 22 COMMISSIONER GRIFFIN: We recommend. And, if 23 I were buying property -- 24 COMMISSIONER BALDWIN: Absolutely. 25 COMMISSIONER GRIFFIN: -- in this day and 30 1 age -- what we're saying here is we can't make you do that, 2 but if I'm acquiring property, I'm going to say, "You go out 3 there," and I'm going to say to the seller, for example, "I 4 want a fully licensed, all-up system that I'm not going to 5 have to fiddle with for the next 25 years." 6 COMMISSIONER BALDWIN: That's the way it 7 should be. This should not be a government looking over 8 people's shoulders reminding them that they need to go get 9 their property inspected. 10 COMMISSIONER GRIFFIN: That's right. 11 COMMISSIONER BALDWIN: So, I'm glad you put 12 that in there. I thank you for that. 13 COMMISSIONER WILLIAMS: Just a couple little 14 minor tweaks, Larry. On C.3, you've got a closed pren. I 15 think you may have intended it to be a parentheses. That 16 starts, "from paragraph 2) above," and closed pren's there. 17 COMMISSIONER GRIFFIN: No, that's just the 18 designation; that's the form of that number 2 paragraph, is 19 2). 20 COMMISSIONER WILLIAMS: Okay. 21 COMMISSIONER GRIFFIN: So -- 22 COMMISSIONER WILLIAMS: The other is on the 23 second page, D, the second paragraph. 24 COMMISSIONER GRIFFIN: Under D, yeah, there's 25 a little extra space there. 31 1 COMMISSIONER WILLIAMS: No, the line that 2 begins, "as-built drawings" on the second paragraph out, 3 "must be prepared to visually locate the tanks and all 4 elements" -- of the disposal? 5 COMMISSIONER GRIFFIN: "Of." Yeah, there's a 6 typo there. All elements of the disposal system. 7 COMMISSIONER LETZ: Question I have is, what 8 happens if someone doesn't do this? I mean, what if someone 9 goes and sells their property and just -- I mean, either 10 through not -- knowledge-wise, knows that they should do it 11 and just don't do it, or just aren't aware of it, or -- I 12 mean, how is the -- a seller or a buyer to know this and get 13 this document? How are they going to know to even ask for 14 it? What happens if they don't ask for it? 15 COMMISSIONER GRIFFIN: Probably a two- or 16 three-part answer here, but let me take a swing at it. 17 Number one is, we would hope that, through education, that 18 people -- and particularly real estate -- the real estate 19 broker community, who, by the way, are the ones who really 20 favor this kind of a process, we would hope that they would 21 become involved in it. Now, in some cases where you have a 22 private sale, that may or may not occur. I would hope that 23 we get great publicity for this through our media, which -- 24 this is the way the process is going to work. Failing that, 25 and if someone doesn't do it, then the County's hands at 32 1 least are clean. If someone acquires property and then, 2 immediately thereafter, has a failed system, for example, we 3 have said that that property should have been -- that 4 O.S.S.F. should have been inspected. And -- and, in that 5 case, it's a -- it's a caveat emptor; I mean, it's a buyer 6 beware. However, at the same time, there should have been 7 an inspection made, and so the -- that the -- it's obvious 8 that whoever owns that property, whoever -- at this point, 9 then, whoever wants to operate that system is going to have 10 to bear the expense of either repairing or replacing. So, 11 that's about as far as we can go, I think, with almost any 12 court order. Whatever that -- where there is a -- all we 13 can do is say who is responsible. You know, what happens 14 is, somebody's going to have to repair or replace the 15 system. 16 COMMISSIONER LETZ: I mean, I -- you know, 17 I'm pleased with this. I mean, I think it works. It does 18 the things I think we're trying to do to get real estate 19 transfers in the system inspected, but we're not using a 20 heavy-handed approach, and basically it's encouraging it to 21 be done. 22 COMMISSIONER GRIFFIN: Judge, I did not 23 include on today's agenda item -- Judge Henneke had made a 24 suggestion back when we discussed the last court order that 25 after this is implemented, that we will have a -- a workshop 33 1 environment where people can come and ask questions of us 2 about how would this work in certain cases, if the real 3 estate community has questions, if anyone in the process has 4 questions, and I think we ought to consider doing that. 5 But, the big hammer that we have here and what I like about 6 this approach is that we can change this document until we 7 get it right. You know, we can -- if there's something 8 we've missed, if there's something that we need to address, 9 we can do that, and we can do it as quickly as the next time 10 the Court can meet. So, it's not a thing that we're waiting 11 until we get T.N.R.C.C. or anyone else involved in the 12 process. Now, let me also say, before going any farther, 13 that you notice that the agenda item says to sign on a 14 specified date, because the date this gets signed, the Judge 15 will also sign the court order that actually goes with it, 16 and that's the date that will become effective, so that we 17 have time to get the word out and so that there are no 18 questions about when it became effective for any legal or 19 other purposes. And, particularly for the enforcement of 20 the inspection rule, I'm going to propose in the -- in the 21 motion that we make that effective date -- the date that the 22 Judge signs this would be July the 1st. And, here and 23 forever more, everybody would know that it was July the 1st 24 when this process or procedure was implemented. 25 COMMISSIONER BALDWIN: Does this still go to 34 1 T.N.R.C.C. for approval? 2 COMMISSIONER GRIFFIN: No. This is it. 3 COMMISSIONER LETZ: On that point, on the 4 effective date, what has to be -- I mean, at what point in 5 the real estate sale process, like, if there's -- is it any 6 closing after that date? 7 COMMISSIONER GRIFFIN: It's closing after 8 that date. 9 COMMISSIONER LETZ: I'm just -- and I'm -- I 10 think closing is the date you'd have to tie it to. I'm just 11 wondering if that really isn't being a little bit difficult 12 to have -- if someone has a scheduled closing, I mean, 13 basically it's a 30-day period you're working in. If the 14 closing's already set for the first -- basically, up to 30 15 days from now, I think it's going to be a little bit 16 unreasonable for us -- you know, "You have to go and do this 17 inspection on your system." 18 COMMISSIONER GRIFFIN: I think what we should 19 do there is make it effective July the 1st, but we can also 20 let our real estate community know if there are closings 21 that are scheduled that have already been scheduled -- not 22 scheduled after July the 1st, but if there are closings that 23 are already scheduled, we can handle those by -- either by 24 variance or by procedure. We can -- we can instruct our 25 D.R. to look at those, and if there's something that comes 35 1 after and there are questions about it, the D.R. can handle 2 that. I don't see there's any reason that we have to be 3 hard and fast on that, because this is our rule. 4 COMMISSIONER LETZ: Right. 5 JUDGE HENNEKE: I would suggest that we 6 consider saying that it's effective July 1st for all 7 transactions -- for all contracts entered into on or after 8 July 1st. 9 COMMISSIONER GRIFFIN: Yeah. 10 JUDGE HENNEKE: I really think, from what 11 Jonathan's pointing out, we're going to have a train wreck 12 here. 13 COMMISSIONER GRIFFIN: Right. 14 JUDGE HENNEKE: 'Cause if someone's got a 15 closing on the 5th of July, and on the 1st of July we impose 16 a real estate inspection requirement, we're going to have 17 requests for variances out the kazoo. So, I would suggest 18 that we -- that we make it for contracts which are entered 19 into on or after July 1st. Mr. Brown, do you have a 20 comment? 21 MR. BROWN: Thank you, Judge Henneke. For 22 the record, Jim Brown, General Manager of Upper Guadalupe 23 River Authority. Stuart's had a death in his family and 24 he's not going to be able to be with us this morning. I 25 would like to support, Judge, your suggestion that it be 36 1 real estate contracts entered into on or after July 1, 2 because right now, Stuart's scheduling is running two to two 3 and a half weeks out, so it's just that much activity going 4 on in the community. So, I mean, we could jump through some 5 hoops, but if we had a bunch of closings on July 1st, I 6 don't think we could serve the public. 7 COMMISSIONER GRIFFIN: Good enough. 8 JUDGE HENNEKE: So, we might -- if we wanted 9 to tweak it even closer, we could say it would be effective 10 July 1st for contracts -- effective July 1st for all 11 contracts entered into on or after July 1st, but also 12 effective August 1st for all transactions, regardless of the 13 date of contract. What that does is, if you've got somebody 14 who's got a 90-day closing, delayed close, you pick those 15 up, but you basically have a 30-day window in there which, 16 if your deal is already struck, you have 30 days to close 17 it. If you don't get it closed in 30 days, then you know 30 18 days in advance that you're going to have to have it 19 inspected. 20 COMMISSIONER LETZ: That's fine. August 1st 21 was the date that I had in my mind. 22 COMMISSIONER GRIFFIN: Okay. 23 COMMISSIONER BALDWIN: That would be D-day, 24 regardless of what's passed. 25 JUDGE HENNEKE: Exactly. Do you have the 37 1 small amendment you had on the -- 2 COMMISSIONER GRIFFIN: Yes. In the -- in 3 Paragraph C -- no, I'm sorry, paragraph -- yes, Paragraph 4 C.1 on Page 1, where it says "The transfer process 5 always begins," that sentence ends, "make application for 6 the transfer and paying the necessary fees as shown on the 7 attached schedule." And, I missed that, because I -- we 8 don't have a schedule attached to this. We have fees that 9 are currently set, and the whole schedule -- the whole 10 spectrum of fees for all of the services that we have, not 11 just -- not just real estate transfers, need to be looked at 12 separately. So, I would like to make a motion that we amend 13 that sentence to read, "The transfer process always begins 14 with the applicant or applicant's agent contacting the 15 offices of the Kerr County O.S.S.F. Designated 16 Representative (DR) to make application for transfer and 17 paying the necessary fees as set by the Kerr County 18 Commissioners Court." As set by the Kerr County 19 Commissioners Court. 20 JUDGE HENNEKE: Do I have a second to that 21 motion? 22 COMMISSIONER BALDWIN: Second. 23 JUDGE HENNEKE: Moved by Commissioner 24 Griffin, seconded by Commissioner Baldwin, that the Court 25 amend Paragraph C.1, final phrase, to delete "shown on the 38 1 attached schedule," and to add "set by the Kerr County 2 Commissioners Court." Any questions or comments? If not, 3 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 COMMISSIONER GRIFFIN: Judge, do I need a 8 motion to that -- take care of that typo? 9 JUDGE HENNEKE: No, I don't think so. Do I 10 have a motion to adopt the procedures? 11 COMMISSIONER GRIFFIN: Yes. I'd like to make 12 a motion that the procedures be adopted, and -- and the 13 Judge authorized to sign same on July 1st, 2001, to be 14 effective for all contracts entered into after that date, 15 and for all transactions, this would become effective as of 16 August 1st, 2001. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE HENNEKE: Moved by Commissioner 19 Griffin, seconded by Commissioner Baldwin -- I mean 20 Commissioner Williams, that the Court approve the Kerr 21 County On-Site Sewage Facility program procedures for real 22 estate transfers, with an effective date of July 1st for all 23 contracts entered into on or after July 1st, and effective 24 date for all transactions on transfers of August 1st of the 25 year 2001, and authorize County Judge to sign same, as well 39 1 as the amendment to the current O.S.S.F. order, on July 1st. 2 Any further questions or comments? If not, all in favor, 3 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. Well-done. 8 MR. BROWN: If I may just -- one more, 9 please? Again, for the record, Jim Brown. I'd like for the 10 Court and the public to know that this product that you've 11 just approved this morning is a product that was developed 12 while Commissioner Griffin was traveling for two weeks, and 13 I suspect it was almost daily that the Commissioner and I 14 were e-mailing each other back and forth. So, while he was 15 out of the country traveling, the business of Kerr County 16 was -- was at hand and at heart, and today's -- today's 17 product is a byproduct of that commitment, and I think the 18 public needs to know that the Court commits itself to 19 various agendas and timelines, and the Court stays with it. 20 And that's a compliment. 21 JUDGE HENNEKE: Thank you. We appreciate 22 that. 23 COMMISSIONER GRIFFIN: Thank you. Thank 24 goodness for e-mail. 25 JUDGE HENNEKE: Next item for consideration, 40 1 we'll take Item 14, which is consider and discuss approval 2 of the contract for construction management services for the 3 lower level construction for Juvenile Probation facilities. 4 Commissioner Baldwin? 5 COMMISSIONER BALDWIN: Yes, sir. Mr. 6 Longnecker? There he is. 7 MR. LONGNECKER: Keith Longnecker, for the 8 record. You have in front of you, I believe, a copy of the 9 contract that was prepared by the County Attorney, along 10 with a set of drawings. The drawings are the completed 11 preliminary drawings for the lower level of the courthouse, 12 which include the Juvenile Probation Department, the 13 Treasurer's offices, and the remodeled area for the County 14 Attorney and Hot Check Department. That's -- the large 15 sheet shows the entire lower level and the smaller sheets 16 are the individual departments for the -- and this pretty 17 well completes the preliminary that was assigned to me in 18 the contract, to develop the studies for the lower level. 19 JUDGE HENNEKE: Any questions or comments 20 regarding -- 21 COMMISSIONER WILLIAMS: I just want to know 22 how much more space is being added to the County Attorney's 23 from what it is existing. I'm looking at -- 24 MR. LONGNECKER: It adds another 270 square 25 feet by removing the one existing old wall that was left 41 1 under the previous contract. We take that out and it adds 2 another 23 and a half feet, and then we're going to move the 3 present entrance door out several feet to include a seating 4 area, and that -- and then simply by rearranging, we can 5 make everything more efficient. And, this has already been 6 looked at, and I'm working with Helena in their department 7 down there, and she likes it very well. The way it works is 8 the front part, the Hot Check Department, and the reception 9 area can all be easily covered by three or four different 10 people, and they can work well together. Then, on the other 11 hand, there's some privacy area in the files, in the copy 12 area, that they have not been able to have from people just 13 walking in, and they can't function sometimes because people 14 come in and they get tied up in conversations with people 15 from the public. So, they wanted a little more privacy in 16 that area, and we've accomplished that with this plan. 17 COMMISSIONER WILLIAMS: I have one other 18 question, Judge. Either Mr. Longnecker or Mr. Holekamp can 19 answer it. I see areas in the entire footprint here that 20 are labeled unassigned, but I don't see any areas -- I do 21 see one -- only one area labeled for storage. Is that 22 sufficient for storage? 23 MR. LONGNECKER: At this time. That's -- 24 I've been talking to the folks that handle the Christmas 25 tree or Christmas decorations, and they would like to move 42 1 their decorations/equipment into that storage area, and it's 2 more than large enough to handle all of their storage. And, 3 I'm sure Mr. Holekamp would be able to use it for other 4 items as well for storage, and at this point that's all 5 there is. The unassigned area -- if we need more storage, 6 it could be developed within unassigned areas. 7 JUDGE HENNEKE: Questions or comments? Looks 8 like a good -- 9 COMMISSIONER LETZ: Looks good. 10 JUDGE HENNEKE: -- good plan to me. The item 11 -- the item today is on the construction management 12 contract. Does anyone have any questions or comments on the 13 construction management services agreement which is in the 14 packet? This is -- this was actually presented to us about 15 a month ago, along with the architectural services contract. 16 Then we took action on the architectural services contract 17 at that time. 18 COMMISSIONER BALDWIN: My only question is of 19 Mr. Longnecker. Now, after today, if we get this document 20 approved, then we will really focus on Juvenile Probation's 21 office space -- 22 MR. LONGNECKER: That's correct. 23 COMMISSIONER BALDWIN: -- downstairs, and 24 we're not going to focus on anything else at this time. 25 We're going to go in there and get that done. When do you 43 1 think that the actual construction will begin? 2 MR. LONGNECKER: Well, at present, I have the 3 construction documents for this area, for just the Juvenile 4 Probation, nearly complete. I'm waiting for Lux Engineering 5 to provide me with a mechanical and electrical plan. 6 COMMISSIONER BALDWIN: When will he have that 7 in? 8 MR. LONGNECKER: This week. It will be here 9 early this week, I hope. 10 COMMISSIONER BALDWIN: Early this week. 11 MR. LONGNECKER: And I hope this week also to 12 apply to the City for a permit, for a building permit to go 13 ahead and -- and proceed with it. In the meantime, the area 14 can be -- it's full of all kinds of materials right now that 15 can be cleared out, and we can start the partition layout 16 even this week, later this week. I've set up a desk -- 17 Glenn Holekamp's been kind enough to allow me to have a desk 18 down in the Maintenance office, which is where I'll be 19 camped out for the project, and I'll be using that telephone 20 or my cell telephone, and perhaps I'll even want another 21 pager to get notified. Before, I presented this little 22 budget sheet here when we first went into the contract for 23 the architectural services. It's still pretty much the 24 same. I'm coming out with $60,018 as the total budget, 25 which is what we have been working with all along. I'd also 44 1 like to be able to order the long-lead items, such as the 2 doors and door frames. They need to be here when the stud 3 partitions are put up, because they are installed at the 4 same time the studs for the partitions go in. And, that -- 5 that will give us a chance to move through. And, of course, 6 how fast we go is going to depend entirely on how much help 7 we get from prisoners. We have -- 8 COMMISSIONER BALDWIN: When are you going to 9 -- Lux is going to have his report in and you're going to 10 apply with the City early this week. When are you having a 11 meeting with Mr. Holekamp and the Sheriff's Office -- 12 MR. LONGNECKER: We have a meeting -- 13 COMMISSIONER BALDWIN: -- about having the 14 prisoners -- 15 MR. LONGNECKER: As soon as we can get that. 16 This week, I hope. Isn't that right, Glenn? 17 MR. HOLEKAMP: We're making an attempt to get 18 it done. The Sheriff's going to be out of town, I think, 19 starting Wednesday, but the latest would be Monday morning. 20 Next Monday morning would be the latest. 21 COMMISSIONER BALDWIN: Next Monday morning. 22 MR. LONGNECKER: Like I say, we have a 23 foreman, Mr. Hank Lacey, who was with Stoddard Construction 24 while he was here. He still wants to be here, and -- and 25 take care of and be a hands-on foreman to work right along 45 1 with prisoners to see to it that the daily work is done. 2 And, then I will be here, of course, every day myself, but 3 not the full 8-hour day. It requires for someone to be 4 working with them. I have several other questions here to 5 the -- to the Court, and that is on pricing. Do we want to 6 work -- Glenn has offered to buy materials through purchase 7 orders through his Maintenance Department and keep separate 8 accounts on it, if that's all right with the Commission, or 9 I can offer this to different suppliers, such as M.G., 10 Foxworth, and T.J. Moore or McCoy's, to give us prices on 11 that. I intend to shop for all those materials myself, 12 and -- and see who can give us the best price on that in 13 order to stay within the budget. Now, is there a 14 requirement of any kind that I get separate prices or -- or 15 at least three prices for these items? Nothing -- I don't 16 expect anything to be over $3,000 or $4,000 at a time. 17 COMMISSIONER LETZ: Travis? 18 MR. LUCAS: You don't have to, you know, have 19 the competitive bidding, obviously, because you're not over 20 that $25,000 -- 21 MR. LONGNECKER: That's right. 22 MR. LUCAS: -- limit. 23 COMMISSIONER LETZ: But the total cost of the 24 project is over $25,000. 25 MR. LUCAS: Yeah, right. 46 1 JUDGE HENNEKE: I think -- 2 MR. LUCAS: You've got to look at it per 3 service, I guess. 4 COMMISSIONER LETZ: Okay. 5 JUDGE HENNEKE: I think, you know, for 6 prudence and because it is the public's money, that you need 7 to get at least three quotes for anything that's over, you 8 know, $1,000. 9 COMMISSIONER LETZ: Most of the companies -- 10 I mean, lumber companies, you know, all your materials, they 11 prefer -- you probably get the best price if you can give -- 12 if they're bidding everything at once, essentially. 13 MR. LONGNECKER: I could do that. In other 14 words, I've got to -- in other words, I'll offer the 15 sheetrock, the metal studs, the doors in one package, and 16 then maybe all of the door hardware and that sort of thing, 17 and then the carpet and the paint and the finish work in 18 another. 19 COMMISSIONER LETZ: Right. 20 MR. LONGNECKER: And work it out in that 21 manner. Then, of course, they could -- would you want them 22 to bill the County directly and let the County pay for it, 23 or do you want to take it through purchase orders with 24 Maintenance? Does it make a difference? 25 JUDGE HENNEKE: I don't think it makes a 47 1 difference. 2 COMMISSIONER GRIFFIN: I don't either. 3 JUDGE HENNEKE: Either way, it's going to 4 come to the Court for approval. Might be easier, from 5 Tommy's point of view, if they billed the County directly so 6 that we could keep -- 7 MR. TOMLINSON: Be nice if they were 8 separate. 9 JUDGE HENNEKE: Yeah, keep the accounts 10 separate. I think that might be a better way to do it. 11 MR. LONGNECKER: I will be getting bids or 12 prices from different contractors. We need a licensed 13 electrician to handle the electrical work, as well as the 14 H.V.A.C. work, so I will be inviting -- hopefully, if I can 15 find three contractors that will give us a price, then 16 we'll -- we'll work those that way, and I would like to get 17 started as soon as I have the contract. 18 COMMISSIONER BALDWIN: I would like that, 19 too. Lux and the City, Holekamp and the Sheriff. And, if 20 the Sheriff leaves Wednesday and you don't get to him until 21 Monday, that's -- that's another full week. You really need 22 to deal with the Sheriff on this thing, because there is 23 a -- 24 MR. LONGNECKER: Well, as soon as we can, 25 yeah. 48 1 COMMISSIONER BALDWIN: Because there is a -- 2 you know, there's a problem, just certain types of prisoners 3 that can come over here and do work, and he has to be very 4 careful in his selection, and there's a process that he goes 5 through. So, I would -- I would want to urge you to get 6 with the -- and do that as quickly as possible so we can get 7 started, and not be way, way behind before you start. What 8 is your starting date to drive a nail? 9 MR. LONGNECKER: To drive a nail is just as 10 soon as the City issues a permit, which should be probably 11 next week. 12 COMMISSIONER BALDWIN: Very good. Thank you. 13 MR. LONGNECKER: Mm-hmm. 14 JUDGE HENNEKE: Anything else, Keith? If 15 not, we need to move on. 16 COMMISSIONER BALDWIN: I move that we approve 17 the agreement for construction management services, and 18 authorize the Kerr County Judge to sign it. 19 COMMISSIONER LETZ: Second. 20 COMMISSIONER GRIFFIN: Second. 21 COMMISSIONER LETZ: Third. 22 COMMISSIONER GRIFFIN: Fourth. 23 JUDGE HENNEKE: Motion by Commissioner 24 Baldwin, second by Commissioner Griffin, that the Court 25 approve the agreement for construction management services 49 1 and authorize County Judge to sign same. Any further 2 questions or comments? If not, all in favor, raise your 3 right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 MR. LONGNECKER: Thank you. 9 JUDGE HENNEKE: Thank you. 10 COMMISSIONER BALDWIN: Thank you, sir. 11 JUDGE HENNEKE: Okay. We need to go back and 12 pick up on public hearings. We'll take up item -- is anyone 13 here from AACOG? 14 (No response.) 15 JUDGE HENNEKE: Okay. We'll go to Item 16 Number 9, which is a public hearing concerning revision of 17 plat, Lots 97, 98, 100, 101, 117B, 117C, 117D, 119C, and 18 119D for Falling Waters, Precinct 3. At this time, we'll 19 recess this Kerr County Commissioners Court meeting and open 20 the public hearing on the revision of plat for Falling 21 Waters in Precinct 3. 22 (The regular Commissioners Court meeting was closed at 10:03 a.m., and a public hearing 23 was held in open court, as follows:) 24 P U B L I C H E A R I N G 25 JUDGE HENNEKE: Is there any member of the 50 1 public who would like to address the Court on the issue of 2 revision of plat, Lots 97, 98, 100, 101, 117B, 117C, 117D, 3 119C, and 119D, for Falling Waters, Precinct 3? 4 MS. PIEPER: This was hand-delivered to my 5 office prior to court starting this morning. 6 JUDGE HENNEKE: All right. The County Clerk 7 has handed me a letter. It is from Bryan J. Lindner, 8 L-i-n-d-n-e-r, DVM, and Dana Lindner. It says, We are lot 9 owners in the Falling Waters subdivision. We purchased a 10 lot from the former owner a few years ago. We decided not 11 to build and are trying to sell our lot. Mr. Crenwelge 12 bought the remaining lots from Mr. Musgrave and took over 13 the Falling Water office, resulting in a whole new set of 14 restrictions we never agreed to. We have our property 15 listed with a realtor, but Mr. Crenwelge does not allow for 16 sale signs. He has also placed a stop sign at the gate that 17 requires all visitors to go through his office. This also 18 prevents anyone who visits Falling Waters from knowing our 19 property is for sale. The letter asks for objections to his 20 request to reconfigure his property lines. Our only 21 objection is that anything that will enhance this property 22 will only make it harder, for those of us with original 23 lots, to sell. We urge you to consider our request. 24 Is there any other public testimony regarding 25 the revision of plat for Falling Waters, Precinct 3? If 51 1 not, we'll close the public hearing and go to Agenda Item 2 2.10, which is to consider and discuss approval of the final 3 revision of plat for Falling Waters, Precinct 3. 4 (The public hearing was concluded at 10:05 a.m., and the regular Commissioners Court 5 meeting was reopened.) 6 - - - - - - - - - - 7 JUDGE HENNEKE: Jonathan? 8 COMMISSIONER LETZ: I move approval of the 9 final revision of Lots 97, 98, 100, 101, 117B, 117C, 117D, 10 119C and 119D. I'm assuming this needs an order, Franklin. 11 MR. JOHNSTON: One of the loose ends on the 12 routing slip the County Clerk's office signed, it says, "We 13 still need a tax certificate for final approval." I'm 14 wondering if the County Clerk should not sign these until 15 they get all that paperwork here. 16 MS. PIEPER: We cannot file them in, by law, 17 without the tax certificate. 18 MR. JOHNSTON: Right. Can you wait until you 19 sign off on it, so -- we don't get a copy of that 20 certificate; we don't really know for sure if they do it or 21 not. They put a note here saying they do not have it. 22 MS. PIEPER: Yes, I can. If that's the 23 Court's pleasure, I can do it that way. 24 MR. JOHNSTON: Until they sign it, that means 25 that they haven't -- or we still need this. 52 1 COMMISSIONER GRIFFIN: In this case, can we 2 make -- can we go ahead and approve it, authorize signature 3 contingent upon the tax certificate being received? 4 MR. CRENWELGE: Just a matter of picking them 5 up in Kendall County. Just a matter of -- yeah. 6 COMMISSIONER BALDWIN: I second the motion. 7 JUDGE HENNEKE: Motion by Commissioner Letz, 8 second by Commissioner Baldwin, that the Court approve the 9 final revision of plat, Lots 97, 98, 100, 101, 117B, 117C, 10 117D, 119C, and 119D for Falling Water, Precinct 3, and 11 authorize County Judge to sign same upon receipt of tax 12 certificates for, I guess, Kerr County and Kendall County? 13 COMMISSIONER LETZ: Correct. 14 MR. CRENWELGE: Yeah, two different appraisal 15 districts. 16 JUDGE HENNEKE: Okay. Any further questions 17 or comments? If not, all in favor, 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 guess 22 we'll hold that mylar until we have the tax certificates, 23 and if you bring it to me, I'll sign it at that time. Next 24 we'll take up Item Number 11, which is a public hearing 25 considering the revision of plat, Lots 1, 17, 18, 19, 21, 53 1 22, 44, and common areas for Cypress Springs Estates, Phase 2 I, in Precinct 4. We'll recess this meeting of the Kerr 3 County Commissioners Court and open the public hearing on 4 that revision. 5 (The regular Commissioners Court meeting was closed at 10:07 a.m., and a public hearing 6 was held in open court, as follows:) 7 P U B L I C H E A R I N G 8 JUDGE HENNEKE: Is there anyone here in the 9 public who'd like to address the Court on the issue of 10 revision of plat, Lots 1, 17, 18, 19, 21, 22, 44, and common 11 area for Cypress Springs Estates, Phase I, in Precinct 4 of 12 Kerr County? Once again, is there any member of the public 13 who'd like to address the Court regarding the revision of 14 plat for Cypress Springs Estates, Phase I, Precinct 4? 15 (No response.) 16 JUDGE HENNEKE: Seeing and hearing none, we 17 will close the public hearing and reconvene this meeting of 18 the Kerr County Commissioners Court. 19 (The public hearing was concluded at 10:08 a.m., and the regular Commissioners Court 20 meeting was reopened.) 21 - - - - - - - - - - 22 JUDGE HENNEKE: The item for consideration is 23 Item Number 12, consider and discuss the approval of the 24 final revision of plat, Lots 1, 17, 18, 19, 21, 22, 44, and 25 common area for Cypress Springs Estates, Phase I, in 54 1 Precinct 4. Commissioner Griffin? 2 COMMISSIONER GRIFFIN: Yes. Again, this is a 3 little bit like the last one. It's been before the Court 4 several times. All of the checklists -- I know this is 5 signed off on. Everything in order, Franklin? 6 MR. JOHNSTON: Three little -- little items. 7 Same -- same tax certificate thing was signed off on the 8 checklist, that they did not have that. 9 COMMISSIONER GRIFFIN: Oh, okay. 10 MR. JOHNSTON: You notice in your packet on 11 the additional hookups for the water system -- 12 COMMISSIONER GRIFFIN: Right. 13 MR. JOHNSTON: -- we requested a letter from 14 T.N.R.C.C. stating how many hookups they actually had on 15 that subdivision. We got a letter from Aqua Source, not 16 from T.N.R.C.C. I don't know if you accept that in lieu of. 17 I think -- 18 JUDGE HENNEKE: I believe the rules call for 19 a letter from T.N.R.C.C. 20 COMMISSIONER BALDWIN: Sure it does. 21 MR. JOHNSTON: He really doesn't have that. 22 It's just written in on the side here. 23 MR. CRENWELGE: I can get that letter from 24 T.N.R.C.C. It just -- I'm trying to find it. 25 MR. JOHNSTON: The other item is, we have a 55 1 letter from Security State Bank saying they're thinking 2 about issuing a Letter of Credit to build new roads, but we 3 actually haven't seen the Letter of Credit yet. I don't 4 think it's issued yet. 5 MR. CRENWELGE: Well, it was approved at the 6 loan committee, but the attorney in Kerrville was supposed 7 to have it prepared today, and I haven't seen it yet. 8 MR. JOHNSTON: So, those are the loose ends. 9 MR. CRENWELGE: So, if you will just approve 10 it subject to those -- 11 COMMISSIONER GRIFFIN: What can we do there? 12 JUDGE HENNEKE: Those are some fairly 13 substantial gaps. We've got to hold this until we have -- 14 some of those things are taken care of. 15 COMMISSIONER GRIFFIN: Yeah. I hate to put 16 it off again, but we've got to have the T.N.R.C.C. letter. 17 MR. JOHNSTON: I think we have a net of four 18 more hookups in Phase I. 19 COMMISSIONER LETZ: Does the letter exist 20 from T.N.R.C.C.? 21 MR. CRENWELGE: I called Aqua Source. I 22 didn't have in it in my file, and I asked Aqua Source if 23 they had it. They faxed this to me last week, and I didn't 24 know I needed the actual T.N.R.C.C. letter. I thought this 25 was fine until Franklin passed the list to me this morning. 56 1 I thought I did everything okay. 2 COMMISSIONER LETZ: I'd say we agree to hold 3 it, but if you can get all three of those things, we'll be 4 here late today, at least till probably 3 o'clock. If you 5 can run them down by 3:00, we can act this afternoon. 6 MR. CRENWELGE: Okay. I'll try and get it. 7 COMMISSIONER LETZ: I mean, there is a 8 workshop; we'll be here for a while, and the letter is 9 actually in Kerrville and Aqua Source can get it. You can 10 go get the tax certificates. 11 COMMISSIONER BALDWIN: The T.N.R.C.C. is just 12 a form letter. 13 MR. CRENWELGE: Yeah, it's a form letter in 14 the file somewhere. 15 COMMISSIONER BALDWIN: They can fax it over 16 here. 17 COMMISSIONER GRIFFIN: Should be able to fax 18 it. 19 MR. CRENWELGE: I should find it. 20 COMMISSIONER BALDWIN: Or e-mail. 21 COMMISSIONER GRIFFIN: They can scan it in 22 and e-mail it. 23 MR. CRENWELGE: I can fax you the T.N.R.C.C. 24 letter. 25 JUDGE HENNEKE: Three things: The T.N.R.C.C. 57 1 letter, the Letter of Credit, and tax certificates. 2 COMMISSIONER GRIFFIN: We can approve it 3 pending delivery of the tax certificates, just like we did 4 the last one, but the T.N.R.C.C. and the Letter of Credit 5 things, those are in black letters; we've got to have them 6 to approve it in the first place. So, if the Letter of 7 Credit -- do you think the Letter of Credit is available 8 today? 9 MR. CRENWELGE: They're supposed to be 10 drafting it today. The law firm in Kerrville says they'll 11 be drafting the Letter of Credit. It was approved in loan 12 committee last Thursday. 13 COMMISSIONER LETZ: If it's not here, we can 14 do it next meeting. 15 COMMISSIONER GRIFFIN: But let's see if we 16 could defer it, and just make sure we don't adjourn 17 without -- when we get through this morning, and get it back 18 to us as quick as you can. If we can -- we're still here 19 this afternoon -- 20 MR. CRENWELGE: Okay. 21 COMMISSIONER GRIFFIN: -- we can do it today. 22 MR. CRENWELGE: Okay. 23 COMMISSIONER GRIFFIN: On these two items. 24 JUDGE HENNEKE: All right. Thank you. I see 25 the folks from AACOG have arrived, so we'll go back to Item 58 1 2.7 and have a public hearing to finalize the adoption of 2 the Closed Landfill Inventory for Kerr County. At this 3 time, we will recess this meeting of the Kerr County 4 Commissioners Court and open a public hearing on the issue 5 of the Closed Landfill Inventory for Kerr County. 6 (The regular Commissioners Court meeting was closed at 10:12 a.m., and a public hearing 7 was held in open court, as follows:) 8 P U B L I C H E A R I N G 9 MS. ZANNARAS: Good morning. 10 JUDGE HENNEKE: Good morning. 11 MS. ZANNARAS: As we stated last week at the 12 public meeting, we have been looking over -- 13 JUDGE HENNEKE: Would you give your name for 14 the court reporter, please? 15 MS. ZANNARAS: I'm sorry. I'm Georgia 16 Zannaras, and I'm the Solid Waste Coordinator from Alamo 17 Area Council of Governments, and we have been charged by the 18 State, under state statute, to complete a study that was 19 started by Texas Natural Resource Conservation Commission on 20 the closed landfill sites located in Kerr County. We held a 21 public meeting last week. We made the one change that was 22 brought to our attention, and we had not received any 23 further new -- new data. So, what we're going to ask this 24 morning is for you all to accept this as the inventory 25 for -- for Kerr County, and it will then become a part of 59 1 the regional plan, the new regional plan that will be 2 adopted when it's completed next spring. 3 JUDGE HENNEKE: That's -- 4 MS. ZANNARAS: I drew up a resolution that 5 you may look at. 6 JUDGE HENNEKE: This is a public hearing. 7 MS. ZANNARAS: Okay. 8 JUDGE HENNEKE: Is there any member of the 9 public who'd like to address the Court on the issue of the 10 landfill inventory? 11 (No response.) 12 JUDGE HENNEKE: Once again, is there any 13 member of the public who'd like to address the Court on the 14 issue of the Closed Landfill Inventory? If not, we'll close 15 the public hearing and reconvene the meeting of the Kerr 16 County Commissioners Court. 17 (The public hearing was concluded at 10:14 a.m., and the regular Commissioners Court 18 meeting was reopened.) 19 - - - - - - - - - - 20 JUDGE HENNEKE: Do you have a resolution for 21 us? 22 MS. ZANNARAS: Yes, I have a resolution. 23 It's a sample that we drew up that says that -- the final -- 24 concluding, Be it resolved that Kerr County Commissioners 25 Court accepts the inventory as mandated by the Texas 60 1 Legislature and as conducted and compiled by Southwest Texas 2 State University and the Alamo Area Council of Governments 3 as complete to the best and most current data and 4 information available and made known. It's a long 5 resolution. If you'd like for me to read it all -- 6 JUDGE HENNEKE: No, we do not. Does anyone 7 have any questions or comments regarding the Closed Landfill 8 Inventory? I will say, for the record, that Chuck Brecher, 9 who was previously the Solid Waste enforcement officer, did 10 most of the work. He actually went out and visited each of 11 the sites, participated in the public meeting that we had on 12 the 12th, and was the one who has been most instrumental in 13 identifying closed solid waste landfill sites. Could I have 14 the resolution? Thank you. Do I have a motion to adopt the 15 resolution? 16 COMMISSIONER GRIFFIN: Are you satisfied with 17 the resolution? 18 JUDGE HENNEKE: Yes. 19 COMMISSIONER BALDWIN: Second. 20 COMMISSIONER LETZ: I haven't seen it. 21 MS. SOVIL: Judge, do we have a copy of the 22 inventory to file with our records? 23 MS. ZANNARAS: We will provide you with a 24 copy to file for your records, and you you'll also get final 25 copies after -- as part of the adopted plan. 61 1 COMMISSIONER GRIFFIN: This was the pre-copy 2 that -- yeah, this is the one that we -- 3 JUDGE HENNEKE: Those materials are the ones 4 that have been circulated and the ones that were reviewed 5 during the public hearing. 6 COMMISSIONER GRIFFIN: I just went through 7 those somewhere. 8 COMMISSIONER LETZ: Doesn't say much. I 9 mean, there's one sentence that just disclaims it all, 10 because it says no claims are made as to accuracy or 11 completeness of the data. I mean, but it -- we're required 12 by the legislative law, I guess. 13 COMMISSIONER BALDWIN: Jon, this is AACOG; 14 this is government. It doesn't have to make sense. 15 JUDGE HENNEKE: I think we had a motion from 16 Commissioner Griffin. Did we have a second? 17 COMMISSIONER BALDWIN: Yes, sir. 18 JUDGE HENNEKE: Motion by Commissioner 19 Griffin, second by Commissioner Baldwin, that the Court 20 approve the resolution accepting the inventory of closed 21 landfill sites in Kerr County. Any further questions or 22 comments? 23 COMMISSIONER GRIFFIN: And authorize County 24 Judge -- 25 JUDGE HENNEKE: Authorize County Judge to 62 1 sign same. Any further questions or comments? If not, all 2 in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Thank you. 7 Commissioner Baldwin, do you have some of your people here 8 now? Do you want to -- 9 COMMISSIONER BALDWIN: Is this it? Where is 10 the president of the board? 11 AUDIENCE: He's at work. He couldn't get 12 off. 13 COMMISSIONER BALDWIN: Okay. Which ones are 14 mine? 15 JUDGE HENNEKE: Two and four. At this time, 16 we'll go back and reconsider Item Number 2, consider and 17 discuss the outstanding bill for contract labor incurred by 18 Kerr County Child Services Board. 19 COMMISSIONER BALDWIN: Yes, sir. You 20 remember about a month ago, this bill came up in our regular 21 set of bills, and Hawk-eye Henneke spotted it and questioned 22 it, so we held it out, and he and I visited and decided that 23 we just simply wouldn't -- wouldn't pay it; didn't feel like 24 that it was a part of our commitment to the Child Services 25 Board. It -- the way I understand it, the -- there's been 63 1 some cutback in state employees over there, and their 2 paperwork got behind, and so there was a person hired as a 3 part-time employee to help catch up with -- with their 4 casework, and -- and they feel like that the County should 5 pay for that salary. As Judge Henneke stated, and I agree, 6 that that is not the -- that is not the function for 7 Commissioners Court and the tax money that we -- that we 8 expend toward that program. We had -- Thea and the 9 Auditor's office and myself met with a couple of the board 10 members several months ago and made an agreement -- made a 11 list of the things that -- that we thought the County should 12 pay for, and Fred listed them out earlier. There's some -- 13 some medical bills, after all the federal and state programs 14 are exhausted, that maybe we might pick up something there. 15 Caps and gowns, birthday gifts, a bus ticket home, you know, 16 those kinds of things that are directly related to the 17 child, itself. And this, in my opinion, has -- we're paying 18 a state employee's salary here, in my opinion, but we'll 19 certainly let the Welfare Board argue that case, if you'd 20 like. And, that's where we are. They've requested to bring 21 the bill back and let's take another look at it. 22 JUDGE HENNEKE: Morning. 23 MS. COWELL: Thank you for letting me speak. 24 I'm Sherry Cowell. I'm an ex-employee with C.P.S. of 22 25 years standing; I just retired in April. And, if you 64 1 haven't approved our new members, hopefully I'm a new member 2 of the Child Services Board. 3 JUDGE HENNEKE: That's next. 4 MS. COWELL: I don't know whether I've -- I'm 5 approved or not, but that's why I'm here. As an employee 6 with C.P.S. for 23 years, I worked with numerous child 7 service boards. I've worked with the three county boards 8 here, Kendall, Kerr, and Gillespie, for several years. I've 9 been here 18 years doing child services with C.P.S. In 10 other counties, child service boards do help with state -- 11 with those kind of expenses. And, in Nueces County, in 12 fact, one whole unit of child welfare workers are funded by 13 the County. In another county I worked -- and they also 14 fund supplies for that unit. In another county that I've 15 worked with from time to time, on a special project like 16 this one that we approved, the County did -- the County 17 Welfare Board did pay for those limited expenses. 18 The reason that we felt like this was 19 important is because the local agency lost two of their 20 three clerical staff and could not -- and could not fill 21 those positions. What was happening was, the Child Welfare 22 workers were having to take some of their time to do 23 clerical duties already. For example, you cannot get into 24 our office without someone being there, because it's a 25 locked door, and that step was taken because of some 65 1 previous problems we had with some very hostile clients. 2 So, we have to have somebody up there all the time opening 3 that door for people and monitoring traffic, et cetera, and 4 Child Welfare workers were already having to do that, taking 5 time away from their caseloads and their children and the 6 people that they serve. And we just felt like, with their 7 other duties, that had to happen; we had to have some cases 8 taken care of, and that had to happen. 9 And then we either -- we either -- they came 10 to us -- to the board asking for help, because if the board 11 wouldn't approve this short-term project, then Child Welfare 12 workers were going to have to step up to the plate again and 13 spend more hours taking care of those things, because there 14 was nobody else to do it. So, that's why the board thought 15 that they, in good conscience, could approve that expense, 16 because our manual says that we can. So, that's why we 17 approved that. I say "they" approved the expense; I wasn't 18 a board member at that time, but I was at the meeting. And 19 we're talking about $226. 20 COMMISSIONER GRIFFIN: Question. Is there 21 any reason that you know of -- and perhaps you may, because 22 you say you were at the meeting. Is there any reason the 23 board elected not to come to Commissioners Court to get the 24 expenditure approved beforehand? Because that -- see, 25 that's the way we have to work, is that we -- we budget -- 66 1 or if we haven't budgeted for something, we have to approve 2 that expenditure, not after the fact, but before the fact. 3 MS. COWELL: And I understand that, but the 4 reason the board didn't do that, they didn't know that they 5 had to. They thought they had the -- the authority to 6 approve an expenditure like that as an extension, because we 7 -- because of the budget that we have. They didn't realize 8 that they had to, that they needed to. So, that's another 9 reason I wanted to address the Commissioners Court today, is 10 we really need a clarification on how the process works, 11 'cause obviously we're not clear about that. 12 COMMISSIONER GRIFFIN: Well, the short answer 13 to that is that if there is any expenditure the County is 14 being asked to fund, if it wasn't done in the budget 15 process, it has to be done by amendment to the budget before 16 the expenditure is made. 17 MS. COWELL: Okay. 18 COMMISSIONER GRIFFIN: And that's kind of 19 things we can do, notwithstanding the merits of this 20 particular incident -- incidence -- circumstance. But, that 21 didn't occur here, so now we're in this ex post facto 22 approval. I'm not sure -- can we do that legally, Travis? 23 MR. LUCAS: I think that you stated the law 24 perfectly on that. And also, you know, with the Family 25 Code, it really leaves -- this is kind of a different 67 1 question, but it leaves the discretion to y'all, 'cause 2 there's no doubt -- I know that some counties fund in that 3 manner, but there are equally, I think, a lot of counties 4 that -- 5 MS. COWELL: That don't. 6 MR. LUCAS: -- that don't. 7 MS. COWELL: Right. 8 MR. LUCAS: And that target more things for 9 traditional -- you know, birthday gifts. 10 MS. COWELL: Right. 11 MR. LUCAS: Bus passes, whatever we have. 12 Bus tickets, things like that. And -- 13 MS. COWELL: Well, I think that the problem 14 was, like I said, we didn't realize that we needed to do 15 that. So, its my understanding, then -- and please correct 16 me if I'm wrong -- then the things that y'all have outlined 17 on your list, those are things that we can approve without 18 coming to the Court for individual -- for -- okay. So, if 19 it's not on the list, then if we have something else that we 20 feel like is -- is worthy, we need to come to you first? 21 JUDGE HENNEKE: Correct. 22 COMMISSIONER GRIFFIN: That's the short 23 answer. 24 MS. COWELL: Okay. Okay. 25 COMMISSIONER BALDWIN: That's basically it. 68 1 MS. COWELL: Okay. 2 COMMISSIONER BALDWIN: It's a state employee. 3 I'm not in favor of paying a state employee. 4 MS. COWELL: Well, except that she's not a 5 state employee. She wasn't hired by the state to do this. 6 COMMISSIONER BALDWIN: I know, but it's 7 filling in for what the state should be doing, is -- is the 8 key. 9 MS. COWELL: Okay. 10 COMMISSIONER GRIFFIN: Does the board have 11 any -- does the board have any budget dollars that it can 12 reprogram to pay the $78? 13 MS. COWELL: Well, actually, it's $226. 14 COMMISSIONER GRIFFIN: $226. Does the board 15 have funds -- state funds or otherwise that can be -- 16 MS. COWELL: We have come up with the funds 17 to get her paid, because we made the commitment, so we made 18 sure she got paid. 19 COMMISSIONER BALDWIN: Where is the $226? 20 All I see is $78. 21 MS. COWELL: Because that was the first bill 22 that was submitted, and then she came and did some -- 23 some -- finished up that project. 24 COMMISSIONER BALDWIN: Oh, she did more? 25 MS. COWELL: Yes, sir. 69 1 COMMISSIONER GRIFFIN: I think this is one of 2 those cases where -- this is where we are. I mean, we -- I 3 don't think we can do it, even if we desperately wanted to. 4 I'm just throwing that out for thought. I'm not sure we can 5 do it if we -- 6 JUDGE HENNEKE: Well, I think -- I think we 7 are in a position where we're not going to be able to take 8 action on this. 9 MS. COWELL: Okay. 10 JUDGE HENNEKE: Y'all understand the process 11 now a bit better. If you think you're going to need funds 12 for clerical services and in future budgets, you need to 13 include them in the beginning and let us take a look at 14 them. Unless they're authorized, you'll have to come back. 15 MS. COWELL: This was an emergency situation, 16 'cause the State didn't know that they were in such a 17 funding crunch either. Could I ask another question? And 18 this may not be the appropriate time. I also want -- since 19 we're talking about Child Welfare Board business, I also 20 want to ask about the question of jury fees. 21 JUDGE HENNEKE: That was taken up earlier. 22 MS. COWELL: I'm sorry, I missed that. 23 JUDGE HENNEKE: We've already addressed that 24 issue. 25 MS. COWELL: Thank you. 70 1 JUDGE HENNEKE: Okay. Thank you, Sherry. 2 Next item is Item Number 4, consider and discuss approving 3 board members for the Child Welfare Services Board. 4 Provided was a list of the recommended board members. Does 5 anyone have any questions or comments regarding this list? 6 COMMISSIONER BALDWIN: I have some comments. 7 I have some nice things to say about them, as -- as we all 8 do. We serve on boards and committees all across this -- 9 throughout Kerr County, and all of them are needed and 10 great -- great boards and committees, but I have -- I have 11 never seen a board of directors that does more for the 12 bottom line of our community than this board of directors. 13 They're never recognized. They're not high profile. You 14 don't hear about the Child Welfare Services Board. You 15 never hear about them. You wouldn't even know about them if 16 you weren't serving as a Commissioner, but they do things 17 that no one else does, and that's take care of a special 18 group of young people. And, I'll give you an example. 19 Several years ago, I was the Santa Claus for the Christmas 20 party. And -- 21 COMMISSIONER GRIFFIN: There is a 22 resemblance. 23 COMMISSIONER BALDWIN: Ho, ho, ho. And, I 24 was a witness to some interesting young people. And, to 25 give you an example, one was a 13-year-old girl that was 71 1 unable to speak because of some bad things that had happened 2 in her life. These people take care of that kind of human 3 being, so that we don't have to. They do it, and they do it 4 day after day after day. And, I just wanted to say I thank 5 you guys for doing that, and -- and I appreciate it. 6 Here's the list of the Board of Directors 7 that the president has provided me, and I'd like to read 8 them, if I may, just real quick. Bobby Pickens, Dwight 9 Sadler, Renate Harris, Birgit Woodrum, Alice McDaniel, Wendy 10 Danford, Dawn Goldthorn, Randall Fernette, Edith Javens, 11 Sharon Thompson, Shirley Davis, Gradene Wright, Michaelle 12 Wheeler, Rex Emerson, and Sherry Coldwell. And, I'd like to 13 offer this list as the Board of Directors for the 14 Commissioners Court to approve for the year. 15 COMMISSIONER GRIFFIN: Second. 16 COMMISSIONER LETZ: Third. 17 JUDGE HENNEKE: Motion by Commissioner 18 Baldwin, second by Commissioner Griffin, that the Court 19 approve the Board of Directors of Child Welfare Services 20 Board, as presented to the Court. Any further questions or 21 comments? If not, all in favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Thank you all. 72 1 COMMISSIONER BALDWIN: Thank you, guys. 2 JUDGE HENNEKE: Appreciate you. At this 3 time, let's take a recess, reconvene at 10:45. 4 (Recess taken from 10:31 a.m. to 10:45 a.m.) 5 - - - - - - - - - - 6 JUDGE HENNEKE: Okay. It's quarter till 7 11:00. We'll reconvene the special session of the Kerr 8 County Commissioners Court. Next item for consideration is 9 Item Number 15, consider and discuss setting a public 10 hearing on proposed redistricting plan for Kerr County and 11 for Commissioners' precincts for -- should be 4 o'clock p.m. 12 on Monday, July 23, Year 2001. We just need to move forward 13 with getting our plan done so we can get it off to the 14 Department of Justice. We had a workshop on it. Only two 15 of the members of the Court were able to attend because it 16 was called kind of at the last minute, and there were some 17 practical suggestions made, particularly by the Tax 18 Assessor's office and County Clerk's, regarding election 19 precincts and ultimately Commissioners' precincts. Anybody 20 have any questions or comments about scheduling a public 21 hearing? 22 COMMISSIONER LETZ: Scheduling a public 23 hearing certainly needs to be done, but I -- the -- by 24 chance, on the date of the last workshop, I was in Austin 25 and spent the afternoon with Bob Heath going through the 73 1 process with them in some detail, and I mentioned it, I 2 think, three times in our meeting. I think you thought I 3 was joking, trying to get across -- but I was serious; what 4 they really need to do is load up their computer and come 5 down here, spend a day with us. I think we can solve all 6 the problems and really get a lot done in a relatively short 7 period of time. I worked -- there's a couple areas in my 8 precinct where they -- one where we touched Commissioner 9 Baldwin's precinct over in the eastern part of his and 10 western part of my precinct that I recommended an 11 adjustment, and there's a couple -- quite a few between 12 Commissioner Williams and myself, adjusting that, and we 13 were able to get a whole lot done. I have copies of those 14 changes, and they're kind of saved in a separate file, if 15 everyone agrees to it. But, it really is helpful and I'm 16 encouraged, you know. Commissioners, especially if they 17 have time -- if we can't get them to come down here -- it 18 may be a difficulty in the software and computer, you know, 19 size that they may need to have down here. I don't know how 20 all that works. 21 MS. RECTOR: Jonathan, we're going to Austin 22 next week to meet with them, and we would be more than happy 23 to take any information up there with us that might -- might 24 help with the boundaries. 25 COMMISSIONER WILLIAMS: When are you going, 74 1 Paula? 2 MS. RECTOR: Next Thursday. 3 COMMISSIONER WILLIAMS: Not this coming 4 Thursday? 5 MS. RECTOR: No, not this coming Thursday. 6 The following Thursday. 7 JUDGE HENNEKE: The 5th of July is when 8 you're -- 9 COMMISSIONER WILLIAMS: I might be interested 10 in joining you on that trip. Commissioner Letz and I talked 11 again this morning about a couple areas in the Precinct 2 12 and 3 area that might require some adjustment, but I can't 13 go until after I've had a talk and looked at some maps that 14 J.P. 2 has that she wants me to look at. 15 MS. RECTOR: Okay. 16 COMMISSIONER WILLIAMS: But, save me a seat. 17 I may want to go with you. 18 MS. RECTOR: Okay, that'll be fine. 19 COMMISSIONER LETZ: Just, you know, how they 20 do it up there, they -- you basically sit down with their 21 programmer and go through the computer -- they'll pull it 22 up. Every time you say, "How about if we move the census 23 block though this precinct?" they'll move it, and it 24 recalculates every precinct instantly so you can see if 25 you're going -- making it worse or making it better as 75 1 you're going through the process. And they're, in my mind, 2 incredibly patient. I mean, they put up with me for two 3 hours, and I was moving here and moving there and jumping 4 around and doing this, and they never yelled at me. They 5 even offered me a Coke, you know. 6 COMMISSIONER GRIFFIN: Didn't kick you out. 7 COMMISSIONER WILLIAMS: Didn't kick you out. 8 COMMISSIONER LETZ: Anyway, it's really a 9 great opportunity to go up there and work with it, and it is 10 a -- a time where we can really make a lot of changes. And, 11 there are a lot of problem areas in the county, and they 12 just -- they don't -- they are doing their best, but they 13 just don't know where people live and exactly where the 14 streets go and how people move around, and it really takes 15 us to be up there in person to help. 16 MS. RECTOR: That's why we felt it would be 17 beneficial for us to go up there, since we're so familiar 18 with all the streets and highways. 19 COMMISSIONER LETZ: Just -- my final word on 20 this is that I've been -- and my whole goal is to try to 21 keep neighborhoods together, communities together, and use 22 major roads, if at all possible, as boundaries. There's -- 23 the biggest problem area that I have I wasn't able to fix, 24 because it is a difficult one, is there's power lines that 25 are currently used as boundaries between Precinct 2 and 3. 76 1 And, if you look at the map, there's actually three sets of 2 power lines out there. I have no idea which lines is the 3 boundary. If we could use roads, it sure does make it a lot 4 simpler. And, then also make sure that roads aren't cut, 5 the end of a road; put it in one precinct so they don't have 6 to drive all the way out and back around. I mean, and it's 7 not easy. They certainly -- I don't know if it's a 8 requirement or not, but they certainly want to make sure -- 9 or try to make sure that we follow census blocks, because 10 there's a calculation; makes it a lot easier. But I don't 11 know if you have to do that, actually. I mean, there is -- 12 we got approval between Buster's and Larry's out there in 13 the Turtle Creek area. That was -- I think we split a block 14 out there, and it was approved by the Justice Department, so 15 I think it can be done to not use census blocks, but it 16 makes it more difficult. 17 JUDGE HENNEKE: That's true. 18 COMMISSIONER GRIFFIN: So, we're -- we still 19 need to set this. 20 COMMISSIONER LETZ: Okay. 21 JUDGE HENNEKE: To keep to our schedule, to 22 get our preclearance, we're going to have to have a public 23 hearing on the 23rd of July. 24 COMMISSIONER LETZ: Is this the -- 25 COMMISSIONER GRIFFIN: And, it's 4 o'clock? 77 1 JUDGE HENNEKE: Right, 4 o'clock. 2 COMMISSIONER LETZ: Judge, the hearing will 3 be to present the final plan? 4 JUDGE HENNEKE: Correct. And then we will 5 take action on it immediately thereafter, if we're -- we're 6 of a mind to. So, with that, they can go ahead and prepare 7 the submission for the Justice Department. 8 COMMISSIONER BALDWIN: Are y'all saying 9 4 o'clock? 10 JUDGE HENNEKE: 4 o'clock. 4 o'clock, not -- 11 COMMISSIONER BALDWIN: Not like what's 12 written on here, 2 o'clock. 13 JUDGE HENNEKE: Right. It should be 4:00. 14 COMMISSIONER WILLIAMS: It's correct on the 15 list, but not on the -- I'll so move the public hearing on 16 the proposed redistricting plan for Kerr County -- 17 COMMISSIONER GRIFFIN: Second. 18 COMMISSIONER WILLIAMS: -- at 4 o'clock 19 Monday, July 23rd. 20 JUDGE HENNEKE: Motion by Commissioner 21 Williams, second by Commissioner Griffin, that the Court set 22 a public hearing on the proposed redistricting plan for Kerr 23 County for the Commissioners' precincts at 4 o'clock on 24 Monday, July 23rd, Year 2001. Any further questions or 25 comments? Yes, Jannett? 78 1 MS. PIEPER: Who's supposed to put it in the 2 newspaper for the public hearing? 3 JUDGE HENNEKE: We do. 4 MS. PIEPER: Okay. 5 JUDGE HENNEKE: Any further 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. Okay. 11 COMMISSIONER GRIFFIN: Judge, if I might 12 inject a question, did we -- when we had the County Engineer 13 here, did we -- 14 COMMISSIONER BALDWIN: No, we didn't. 15 COMMISSIONER GRIFFIN: -- talk about that -- 16 COMMISSIONER BALDWIN: We sure did not. I'm 17 sorry. The -- well, we can go back and just approve the 18 thing, and then I can get with them privately and find out 19 what I want to know, unless y'all have some major questions? 20 JUDGE HENNEKE: I think you expressed all of 21 our concerns about -- 22 COMMISSIONER GRIFFIN: Right. 23 JUDGE HENNEKE: -- you know, some fairly 24 significant shifts in budget. 25 COMMISSIONER BALDWIN: The -- and while we're 79 1 talking about that, there was another one later on, but it 2 totals up to $12,000. That is a lot of money to have left 3 over from crew salaries. 4 COMMISSIONER LETZ: Must have been short -- 5 either they hired at a lower level or they were -- went 6 without a person for a while. 7 COMMISSIONER GRIFFIN: If you recall, I think 8 back in the budget process, when we set that budget, the 9 idea was for Road and Bridge -- is they were going to put 10 together another crew. And, I think what happened was -- 11 was that they couldn't get a whole crew together until later 12 in the budget year. I mean, it didn't happen October 1st, 13 and it probably happened sometime later, because they didn't 14 hire people until they knew they could have a whole crew. 15 So, they created a new crew, and I think that's probably 16 what the problem is. 17 COMMISSIONER BALDWIN: And that's probably 18 true, except for the part that they take the money out of 19 that, but were giving it to part-time salaries. And, that 20 just kind of disturbed me just a little bit. 21 COMMISSIONER GRIFFIN: Yeah, and that's the 22 question that -- that second question is, what's the 23 part-time work for? 24 COMMISSIONER BALDWIN: Are we shifting the 25 policy some or what? 80 1 COMMISSIONER WILLIAMS: Excess of overtime, 2 as well. 3 COMMISSIONER LETZ: The other thing, you 4 asked about a flood. We did have a flood, a big flood. It 5 was in October -- or, I mean, November. And, that's -- and 6 it could be they ran -- they used the money then. I don't 7 know if that's the reason. 8 COMMISSIONER BALDWIN: I heard it rained a 9 couple days ago. I missed it somewhere. 10 JUDGE HENNEKE: Didn't rain around here. 11 COMMISSIONER LETZ: But it could be that he 12 used a lot more then. Maybe that's why he's low on those 13 items; I don't know. 14 COMMISSIONER GRIFFIN: Do we want to go ahead 15 and approve it? I think that's my question. 16 COMMISSIONER BALDWIN: Probably so. But, you 17 know -- I don't know. 18 JUDGE HENNEKE: Well, we're -- 19 COMMISSIONER BALDWIN: I want to get my 20 questions answered. 21 MR. TOMLINSON: I do know that -- that we 22 have to -- there's overtime to pay. I know that. 23 COMMISSIONER BALDWIN: Yeah. 24 MR. TOMLINSON: So, we have to -- the money 25 has to go in there to be able to pay the overtime. 81 1 JUDGE HENNEKE: Let's go back then and call 2 up Budget Amendment Request Number 1 for Road and Bridge 3 Department, which is the agenda item we've been discussing, 4 for purposes of the record. At this time, would anyone like 5 to move approval of that budget amendment, reluctantly? 6 COMMISSIONER BALDWIN: I move that we 7 approve. 8 COMMISSIONER LETZ: Second. 9 JUDGE HENNEKE: Moved by Commissioner 10 Baldwin, seconded by Commissioner Letz, that the Court 11 approve, with reservations, Budget Amendment Request Number 12 1 from the Road and Bridge Department. Any further 13 questions or comments? If not, all in favor, raise your 14 right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Okay. 19 Moving right along, the next item is Item Number 16, which 20 is consider and discuss a workshop on the form of volunteer 21 fire department contract. This is something Commissioner 22 Griffin and I have discussed. If y'all may recall, there's 23 been some question raised regarding the form of volunteer 24 fire department contracts, particularly from one anonymous 25 volunteer fire department out in Precinct 4. 82 1 COMMISSIONER BALDWIN: I don't have any 2 problems with mine. It's only at that end. 3 JUDGE HENNEKE: I don't know whether we want 4 to have a workshop or not. We can put it on the agenda 5 simply so we can discuss it, whether we want to bring back 6 the form volunteer fire department contract, approve it as 7 we did -- just did for the State Hospital contracts, or 8 whether we want to set a forum for volunteer fire 9 departments to come in and talk about the contract, or we 10 could have a talk about funding mechanisms as well if we 11 wanted to. What's the desire of the Court? 12 COMMISSIONER WILLIAMS: I think it would be 13 good to bring the representatives of the fire companies in 14 and talk about it. There are some significant changes, and 15 one of them, I know, particularly affects the one out in Elm 16 Pass, and it's going change the method in which they do 17 business and fund their insurance. And, it also covers the 18 issue I raised when they were here about not having life 19 insurance to cover the death -- accidental death of a fire 20 person. So, I think it would be important to bring them in 21 and talk about it. 22 COMMISSIONER GRIFFIN: Also, Travis, I think 23 you and I talked about this some time ago. I think we could 24 probably simplify the form of the contract considerably. 25 It's -- I think it was built like a dirt dauber's nest, sort 83 1 of; got added to, and sometimes you need to zero-base it and 2 start over again. 3 MR. LUCAS: Yeah. 4 COMMISSIONER GRIFFIN: And I think maybe what 5 -- and maybe we don't -- I know we've got to get this done 6 before budget time, but I'm thinking maybe we need to take a 7 swing at simplifying the contract form, addressing some of 8 the issues that have been raised. 9 MR. LUCAS: Yeah. 10 COMMISSIONER GRIFFIN: Some of them that have 11 been raised. 12 MR. LUCAS: David has been working on that, 13 and I think also been in discussions with people like, you 14 know, Dutch and those fellows out at Hunt and Mountain Home 15 and -- 16 COMMISSIONER GRIFFIN: And, I think when we 17 have that, we can go ahead and perhaps set a date for the 18 workshop, but I think we need the new form to present so we 19 don't go through the old form and just rehash old issues. 20 JUDGE HENNEKE: I -- in order to mitigate 21 some of the criticism, I've already sent out the old form of 22 the contract to each of the volunteer fire departments and 23 said, "If you have any problems regarding the form, please 24 let us know." So, the old form is already out there. I 25 don't think we'll have an opportunity to get a new form out 84 1 sufficiently in advance of a workshop. 2 COMMISSIONER GRIFFIN: What I'm saying is 3 that if we've got -- we've got some comments, and what I'm 4 saying is, at the workshop, we would present -- that would 5 be the time that we would present the new form, a modified 6 form, and hopefully simplified to some degree, and say, 7 "Here's what we're working to now," based on the comments 8 that we've heard and -- and a review of the whole thing, 9 anyway. 'Cause I know that -- that -- that David Motley was 10 working on that since last year, and I don't know where it 11 stands today, but -- but it was -- he was working on the 12 form of the contract. So, I would tie it to that, if we 13 can. 14 MR. TOMLINSON: A lot of the language in that 15 old contract was to meet -- a lot of it was to satisfy the 16 fire departments, themselves, especially the part that was 17 related to the County's payment or reimbursement to the fire 18 department. And, the reason we're -- we require -- it's 19 just not a -- the reason we require them to submit bills to 20 us is that a large percent of -- of the volunteer fire 21 department's funding comes from private sources. 22 COMMISSIONER GRIFFIN: Right. 23 MR. TOMLINSON: And a lot of the fire 24 departments do not want the County to audit those funds, 25 because that was their -- that was private funds, and that 85 1 was their business. So, in order to get around that, we 2 would require them to submit bills and we would pay the 3 bills, and not to pay -- not to pay a lump sum. If we paid 4 a lump sum, then I would think we'd have to audit -- 5 COMMISSIONER GRIFFIN: Right. 6 MR. TOMLINSON: -- their -- 7 COMMISSIONER GRIFFIN: I know part of the 8 comment has been, at least from the Hunt Fire Department, 9 for example, that -- that we -- we have access to all of 10 their financial records, and -- which essentially is an 11 audit function, right? 12 MR. TOMLINSON: Well, we -- that -- I 13 don't -- we require them to submit the bills, and that's our 14 audit function, is to know what -- what the expenditure's 15 for. 16 COMMISSIONER GRIFFIN: Okay. That's the 17 reason I'm saying -- 18 MR. TOMLINSON: There are departments out 19 there that don't want us to have privy to their -- to the 20 expenditures that they -- that they make with moneys that 21 are from private sources. 22 COMMISSIONER GRIFFIN: I understand. So -- 23 but, for example, on Page 1 of the current form of the 24 contract, it says that the Department shall keep financial 25 records according to generally accepted accounting 86 1 principles, and all books and records of the department 2 shall be open for inspection during normal business hours to 3 any member of the public, the Kerr County Auditor, and such 4 persons as may be given such authority by the County, 5 including members of the Department Advisory Board. 6 Question: Is that required, or isn't it? I don't know. 7 But that's the reason I'm saying we need to review the 8 current form. If we've got something in there like that, 9 and this other procedure that you're talking about where we 10 just pay the bills, where that's not necessary to be in the 11 contract, then we ought to take it out. 12 MR. TOMLINSON: Right. I just -- 13 COMMISSIONER GRIFFIN: To satisfy it. 14 MR. TOMLINSON: I just remember that there 15 was some discussion about -- about that part of it. 16 COMMISSIONER GRIFFIN: Right, okay. 17 MS. SOVIL: I think the language Tommy's 18 talking about is in the old contract. It wasn't this one. 19 MR. TOMLINSON: Oh, it's not? 20 MS. SOVIL: No, it's the old contract where 21 they had to submit their bills for reimbursement. 22 MR. TOMLINSON: Yeah. 23 COMMISSIONER LETZ: We -- this contract, we 24 have access to all their financial records. 25 COMMISSIONER GRIFFIN: Right. 87 1 COMMISSIONER LETZ: Clearly. 2 COMMISSIONER GRIFFIN: I just think we need 3 to take a good look at that, review it, get it the way we 4 want, present that in a workshop to the fire departments, 5 and say, "How's this one?" 6 COMMISSIONER LETZ: Isn't there -- I mean, it 7 would seem to me that it would be simpler if we could just 8 have them sign, like, an affidavit that the funds are used 9 for -- list some of the items that they need to use the 10 funds on, then submit that back to us when they request 11 payment. 12 COMMISSIONER GRIFFIN: I think the way it 13 works now, that we don't give them lump sum payments. We're 14 not doing that -- 15 MR. TOMLINSON: No. 16 COMMISSIONER GRIFFIN: -- today. We pay 17 their bill. If they submit an insurance bill, for example, 18 we pay it, until they get -- or whatever it is, up to their 19 limit. So, I mean, that's the way it's working now. We're 20 not paying them the lump sum at the first of the fiscal 21 year, anything of that sort. 22 MR. TOMLINSON: That's the way we pay them 23 now. 24 MS. SOVIL: But, it could, the way the 25 contract's written. 88 1 MR. TOMLINSON: It could. 2 COMMISSIONER GRIFFIN: It could, the way the 3 contract's written, but we're not doing that. That's what 4 I'm saying. 5 JUDGE HENNEKE: But that's at their choice. 6 COMMISSIONER GRIFFIN: What's that? 7 JUDGE HENNEKE: That's their choice. 8 COMMISSIONER GRIFFIN: Except in one 9 department, which will go unnamed, they would like to have 10 it and then have us go away and never be seen again. You 11 know, that -- they just want the money. 12 JUDGE HENNEKE: The discussion we've had 13 before -- 14 COMMISSIONER GRIFFIN: So that won't work, 15 either. 16 JUDGE HENNEKE: -- is that we're providing 17 public funds for the operation of their enterprise. Public 18 has a right to know the money -- how the money's spent and 19 how that enterprise acquires the money. And, if they don't 20 want to be subject to that level of scrutiny, they don't 21 have to accept the public funds, which is what one 22 department has chosen -- 23 COMMISSIONER GRIFFIN: Right. 24 JUDGE HENNEKE: -- to do. And, I feel fairly 25 strongly about that. 89 1 COMMISSIONER GRIFFIN: I agree. 2 JUDGE HENNEKE: That money needs to be 3 accounted for, and the enterprise needs to be accountable. 4 COMMISSIONER GRIFFIN: Besides that, they're 5 a 501(c)(3). 6 MR. LUCAS: Exactly. 7 COMMISSIONER GRIFFIN: A 501(c)(3) has to 8 have its records available to any member of the public. I 9 mean, that's not even an issue. I mean, that thing -- that 10 issue, you can forget about, as far as I'm concerned. But, 11 I still think that the contract form is more complicated 12 than it needs to be, this current one, and that we can 13 simplify it. That's all I'm saying. 14 JUDGE HENNEKE: Anyone have a date for a 15 workshop, if that's the consensus of the Court? 16 COMMISSIONER LETZ: I agree, I don't see the 17 point of having a workshop until we have a new form, really, 18 and I don't know when that's going to be. I think it's good 19 to do it, but I think we should continue through the budget 20 process the way we are and tell the fire departments we're 21 working on a new form and we'll have a workshop when it's 22 ready. I think it's premature. 23 COMMISSIONER GRIFFIN: I think that's fair. 24 JUDGE HENNEKE: That's fine. 25 COMMISSIONER GRIFFIN: I think that's fair, 90 1 and we'll just try to get a form out that the members of the 2 Court can look at, and -- including me. 3 COMMISSIONER LETZ: I think our goal should 4 be to have it, obviously, in place prior to October 1st. 5 COMMISSIONER GRIFFIN: Sure. 6 JUDGE HENNEKE: Okay. We'll just bring that 7 back at such time as we have a new form of contract. That's 8 fine. Item 17, consider and discuss the imposition of a 9 burn ban in Kerr County. I placed this on the agenda mainly 10 so we can just talk about where we are and some other 11 concerns regarding burns. Thea pulled up this morning the 12 Keech-Byrum Drought Index as of June 21st, which shows us 13 one category below the recommended burn ban category. We're 14 in the light green, and the yellow is what is -- is 15 recommended for burn ban. However, that doesn't always 16 reflect the conditions in the county, so I think -- this is 17 on here so we can talk about it, discuss it, take any action 18 if we'd like to, or wait until next meeting, which is July 19 6th. Or, of course, if we have to, we can deal with it on 20 an emergency basis. Any thoughts or comments? 21 COMMISSIONER LETZ: I had two inches of rain 22 over the weekend. 23 JUDGE HENNEKE: You must have left the 24 sprinkler system on. 25 COMMISSIONER LETZ: We had a great rain. 91 1 COMMISSIONER WILLIAMS: He must have a 2 pipeline straight up. 3 COMMISSIONER LETZ: I think that we are in a 4 situation where we probably should do a burn ban, as much as 5 I hate these things, as everyone knows. The -- especially 6 with the 4th of July coming up, I think we'd be -- I don't 7 know how we -- I forget how we address fireworks during the 8 burn ban, but it is extremely dry and there's a fair amount 9 of fuel on the ground in a lot of parts of the county. 10 COMMISSIONER GRIFFIN: And it's drying out 11 very quickly, too, because the humidity is low, 12 temperature's high. 13 COMMISSIONER LETZ: Another thing, and this 14 is just recently. Seems like the weather pattern may 15 change. We've got very strong winds for the summer. That 16 makes it even worse from a fire fighting standpoint. 17 COMMISSIONER GRIFFIN: I would -- I would 18 like -- based on what I've gotten from the fire departments 19 in my precinct, I think we probably ought to impose a burn 20 ban. And, if there's a way you can suspend it -- I mean, if 21 you did have a great rain in your precinct or something, you 22 can -- you can suspend it under our procedure, if necessary, 23 but I think it's time. 24 JUDGE HENNEKE: Since we -- 25 COMMISSIONER GRIFFIN: Particularly with 4th 92 1 of July coming. 2 JUDGE HENNEKE: Since we don't have the 3 Forest Service -- through the Keech-Byrum Index, we don't 4 have that situation yet, we would have to do one under our 5 authority, which includes the way we've done it in the past. 6 The way the court orders read, the ability of any 7 Commissioner to lift the ban for a stated period of time, if 8 that's the -- 9 COMMISSIONER BALDWIN: I couldn't hear 10 everything you said. It can be precinct by precinct? 11 JUDGE HENNEKE: The ban is county-wide, but 12 it can be lifted by a Commissioner in any one precinct. 13 COMMISSIONER BALDWIN: I see. 14 JUDGE HENNEKE: For a specific period of 15 time, the way we did it -- 16 COMMISSIONER BALDWIN: Yeah, okay. 17 JUDGE HENNEKE: -- earlier last year. 18 COMMISSIONER GRIFFIN: Last time. 19 JUDGE HENNEKE: So, if that's the -- the form 20 of order is the first one in the packet. 21 COMMISSIONER GRIFFIN: Right. 22 JUDGE HENNEKE: Which includes, in the second 23 order paragraph, the ability of the Commissioner to suspend 24 the order for a specified period. And, you all probably 25 still have the forms that you used when we did this before. 93 1 COMMISSIONER GRIFFIN: Right. And I talked 2 with Shaun, by the way. We're going to try to get that 3 portion of the -- it's on my personal web site right now. 4 We got those pages, and people do look at them, but we'll 5 try to get that switched over as quickly as we can to the 6 County web site, so it's also online. I'll make the motion 7 that we impose a 90-day burn ban, effective immediately. 8 COMMISSIONER LETZ: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Griffin, second by Commissioner Letz, that the Court impose 11 a burn ban in Kerr County, effective immediately, for 90 12 days from the date of adoption. Any further questions or 13 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. Okay. Next 18 item is Item Number 18, consider and discuss approval of the 19 budget workshop schedule contained in your packets. If we 20 approve the schedule, we'll ask the Court to give the Judge 21 the authority to move any hearings around or accommodate the 22 needs of department heads or elected officials. 23 COMMISSIONER GRIFFIN: Sheriff Hierholzer, 24 before he had to leave, passed that to me, but he has asked 25 for such a change because of his absence. 94 1 JUDGE HENNEKE: Okay. That's just what we're 2 talking about. 3 COMMISSIONER GRIFFIN: I move that we approve 4 the schedule and give the Judge the authority to make 5 adjustments to it as necessary. 6 COMMISSIONER BALDWIN: I second that motion. 7 JUDGE HENNEKE: Motion by Commissioner 8 Griffin, second by Commissioner Baldwin, that the Court 9 approve the budget workshop schedule as presented and give 10 to the County Judge the authority to revise the schedule as 11 necessary to accommodate the needs of the department heads 12 or elected officials. 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: I will send this schedule to 18 the elected officials and department heads later tomorrow 19 and ask them to get back to me right away if they have any 20 changes. Final item for this morning is consider and 21 discuss the approval of the T.C.D.P. contract, Number 22 721075, and authorize the County Judge to sign the same. 23 This is the contract related to the half-a-million-dollar 24 grant from the Department for sewer services at Kerrville 25 South. I'm handing out to each of the members of the Court 95 1 a copy of the first page of the memo from David Motley 2 regarding this contract, which I received just prior to 3 court. Mr. Motley's memo expresses some concern about the 4 indemnity provision of the contract. I don't disagree with 5 his admonition, but I probably can tell you that we're not 6 going to get the grant without signing a contract with the 7 indemnity in it. So, I think it's kind of an esoteric legal 8 issue. So -- 9 COMMISSIONER BALDWIN: Well, it says here on 10 Page 4, and I've -- I've turned to Page 4. Now what? 11 COMMISSIONER WILLIAMS: Well, that reference 12 is incorrect. I read it also. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER WILLIAMS: This reference has to 15 do with Section 10 under Independent Contractor at the 16 bottom of Page 4, I believe, and goes over onto Page 5. 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER WILLIAMS: That's the only place 19 I saw it. What is the mechanism, Judge, for setting up this 20 sinking fund? 21 JUDGE HENNEKE: It's a budget item. You 22 place tax money into it. It sits there in case it's 23 necessary. 24 COMMISSIONER WILLIAMS: Well, given -- given 25 that even though we sign the contract now and begin the -- 96 1 the discussions which you and I had scheduled for this week 2 with U.G.R.A. for interlocal agreement, the possibility of 3 work actually beginning before the budget year -- new budget 4 year is rather remote. So, that would mean if we have to do 5 a sinking fund, we have plenty of time in which to think 6 about how to do that in the new budget year. Is that 7 correct? 8 JUDGE HENNEKE: Yes. Travis, do you have any 9 comments on the indemnity issue? 10 MR. LUCAS: Yes. This is the first I've ever 11 seen of the contract or anything like that, but have we 12 tried to contact their legal department, whoever drafted 13 this, and, you know, just explain that -- 14 JUDGE HENNEKE: It does not appear that we 15 have, from David's memo. 16 MR. LUCAS: Okay. A lot of times -- and I've 17 seen in some of the state contracts we've entered into with 18 -- you know, with the State, obviously, we'll see this, and, 19 you know, they just kind of, you know, blow it off. So, a 20 lot of times their lawyers -- their legal division already 21 know this, that by county government law, constitutional 22 law, we can't adhere to this unless we have the sinking fund 23 or float bonds or things like that. But, a lot of times 24 I've just brought this up -- we've brought this up and, you 25 know, just remind them. They go, "Oh, yeah, that's right," 97 1 and just strike it. 2 COMMISSIONER WILLIAMS: What was the last 3 thing you said? 4 MR. LUCAS: They'll strike it. Their 5 attorneys will say, "Oh, yeah, that's right. Let's just 6 strike that out." I don't know if we -- you have -- I just 7 don't know where we are in the process of this. Do you 8 know? 9 JUDGE HENNEKE: I'm sure we haven't contacted 10 them. My -- my suggestion -- request would be to go ahead 11 and authorize approval of the contract and signature, 12 subject to the discussion with the Department on this 13 indemnity issue. 14 COMMISSIONER GRIFFIN: So moved. 15 COMMISSIONER WILLIAMS: Second. 16 JUDGE HENNEKE: Motion by Commissioner 17 Griffin, second by Commissioner Williams, that the Court 18 approve the T.C.D.P. contract, Number 721075, and authorize 19 County Judge to sign same, subject to discussions with Texas 20 Department of Housing and Community Affairs regarding the 21 indemnity provision. 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.) 98 1 JUDGE HENNEKE: Motion carries. I'm told by 2 Mr. Lucas that we have a brief Executive Session. After the 3 Executive Session, we will recess until this afternoon, when 4 we have a workshop, and we also may have that plat come back 5 before us. So, at this time, the Kerr County Commissioners 6 Court will go into Executive Session for consultation with 7 regard to pending litigation. 8 (The open session was closed at 11:16 a.m., and an Executive Session was held, the 9 transcript of which is contained in a separate document.) 10 - - - - - - - - - - 11 (Commissioners Court was in recess from approximately 11:20 a.m. until 2 p.m., 12 when a workshop was held, the transcript of which is contained in a separate document.) 13 (Workshop concluded at 3:12 p.m.) 14 - - - - - - - - - - 15 JUDGE HENNEKE: We'll now reconvene the 16 regular special session of the Kerr County Commissioners 17 Court. We will return to agenda item -- Agenda Item 12, 18 consider and discuss approval of final revision of plat, 19 Lots 1, 17, 18, 19, 21, 22, 44, and the common areas for 20 Cypress Springs Estates, Phase I, in Precinct 4. 21 Commissioner Griffin? 22 COMMISSIONER GRIFFIN: Yes. I have in my 23 possession a Letter of Credit, the T.N.R.C.C. report, and 24 both tax certificates for the -- for the plat revision 25 that's -- that's in question, and I would move that we 99 1 approve the revision of plat as submitted. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Griffin, second by Commissioner Letz, that the Court approve 5 the final revision of plat, Lots 1, 17, 18, 19, 21, 22, 44, 6 and common areas for Cypress Springs Estates, Phase 1, 7 Precinct 4. 8 COMMISSIONER GRIFFIN: And authorize County 9 Judge to sign same. 10 JUDGE HENNEKE: And authorize County Judge to 11 sign same, thank you. Any further questions or comments? 12 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. If we have 17 no other business, the Kerr County special Commissioners 18 Court meeting is adjourned. 19 (Commissioners Court adjourned at 3:19 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 100 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 28th day of June, 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