1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, January 14, 2002 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: FREDERICK L. HENNEKE, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 LARRY GRIFFIN, Commissioner Pct. 4 2 1 I N D E X January 14, 2002 2 PAGE --- Commissioners' Comments 4 3 1.1 Pay Bills 12 4 1.2 Budget Amendments 13 1.3 Late Bills 17 5 1.4 Read and Approve Minutes 17 1.5 Approve and Accept Monthly Reports 18 6 2.2 Registration reduction from $2/$5 to $1 during 7 Rabies Drive February 2-16, 2002 19 2.4 Preliminary plat, Hutte Addition, Precinct 2 20 8 2.7 Approve name changes for private Kerr County roads in accordance with 911 guidelines 24 9 2.10 Method of acquiring remaining piece of Sheppard Reese right-of-way 25 10 2.12 Discuss County's obligation to pay subcontractors for work on courthouse renovation 29 11 2.13 Report from 911 Director on implementation of road name changes on Bailey Jo & Michon Road 32 12 2.15 Creation of five-person citizens commission to consider elected officials' salaries 33 13 2.16 Renewal of lease for west Kerr County annex 39 2.17 Proposal by State Tax Management and Review to 14 collect misallocated sales tax revenue 43 2.18 Commissioners Court meeting schedule for 2002 45 15 2.5 PUBLIC HEARING, name changes for County-maintained roads in accordance with 911 guidelines 48 16 2.6 Approve above road name changes 50 2.11 Consider disposition of surplus property 56 17 2.14 Budget amendments to convert unfunded State mandate to pay longevity supplements to 198th 18 and 216th Assistant Prosecutors 57 2.8 PUBLIC HEARING, abandoning, discontinuing, and 19 vacating Gulch Ranch Road (South Park) in Guadalupe Ranch Estates, Precinct 4 60 20 2.9 Consider abandoning, discontinuing, and vacating Gulch Ranch Road above 64 21 3.2 Evaluations of persons employed directly by 22 Kerr County Commissioners Court 66 Russ Duncan 71 23 Ed North 76 Thea Sovil 83 24 --- Adjourned 90 25 3 1 On Monday, January 14, 2002, at 9 o'clock a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good morning, everyone. It's 8 9 o'clock in the morning on Monday, January 14th, Year 2002. 9 We welcome everyone to this first meeting of the Kerr County 10 Commissioners Court in calendar year 2002. Commissioner 11 Baldwin, you have the honors this morning, sir. 12 COMMISSIONER BALDWIN: Thank you, sir. Would 13 you stand and pray with me, please, and then when we 14 complete the prayer, we'll do the pledge of allegiance. 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE HENNEKE: Thank you. At this time, any 18 citizen wishing to address the Court on an item not listed 19 on the regular agenda may do so. Is there any citizen who 20 would like to address the Court on an item not listed on the 21 regular agenda? One more time, is there any citizen who 22 would like to address the Court on an item not listed on the 23 regular agenda? 24 (No response.) 25 JUDGE HENNEKE: Seeing none, we'll move to 4 1 the Commissioners' comments, and we'll start with 2 Commissioner Baldwin. 3 COMMISSIONER BALDWIN: Thank you, Judge. 4 I've got a couple of things. One of them may be a little 5 bit of a discussion. I've seen in the Kerrville newspapers, 6 I think, five articles about the County transferring the 7 ownership of the Ingram Indian Creek bridge to the City of 8 Ingram. And, I mean, it's gotten down to the point last 9 week where they are getting bids now for repairs, et cetera, 10 and -- and this Court has only had a very, very, very brief 11 discussion about it, and that was many months ago, and we 12 haven't had any more discussions about the transfer of that 13 bridge to Ingram, but it -- it looks like to me, by the 14 articles, that it's already been done. And it's one of 15 those things, it may be a -- a philosophy difference between 16 myself and some of you fellows, that I just believe that any 17 time that we're dealing with the people's business in this 18 county, that -- that it should be -- everything be brought 19 into this courtroom and laid on the table before everyone, 20 so everyone in this county can see it if they so choose. 21 And it just appears that there's -- it has the appearance -- 22 I know it's not, but it has the appearance that there's 23 water under the bridge. But I was just wondering if someone 24 could enlighten me of what the status is of the Indian Creek 25 bridge. 5 1 COMMISSIONER GRIFFIN: I can help some on 2 that, because I have discussed that with Danny Edwards, the 3 Ingram City Attorney. And, where we -- where we left this 4 several weeks ago with the City of Ingram was that they 5 would get estimates for the total repair of everything, and 6 then they would bring that to the Court, and that we would 7 discuss it and come to some accommodation and work the 8 transfer as we could. That is all that's been done. And I 9 don't know where -- what the source or how the -- how the 10 reports that have been in the paper have come to the 11 conclusion that there's any kind of a done deal, because 12 there hasn't been -- hasn't been a discussion, as you say, 13 before this Court. And that was the process, that they were 14 going to get the estimate on the total cost and what had to 15 be done, and then they would come to us and we would try to 16 work it out. Very straightforward. 17 JUDGE HENNEKE: I think it's useful to have 18 the historic perspective on this, Commissioner. This really 19 came up when Franklin Johnston and Leonard Odom brought it 20 to our attention that there was no evidence that the County 21 owns that bridge. No deed, and it was a W.P.A. project back 22 in the '30's. It was just used for a state road until they 23 built the new bridge, and there's no evidence that the 24 County owns it. And, in a discussion that we had over 25 different topics, we expressed the view that if the City of 6 1 Ingram wanted the bridge, that the Court would consider 2 quitclaiming whatever interest we had. But I want to make 3 it clear that, at this point in time, the County does not 4 claim ownership of that -- of that bridge and that dam. And 5 I'm not -- and we would have to have a very detailed 6 discussion if we were to try to assert ownership over it. 7 So, I think what we have is -- is, as Commissioner Griffin 8 pointed out, is a process that's working whereby hopefully 9 the City of Ingram will come in and say to the Commissioners 10 Court, "We'd like for to you give us whatever interest the 11 County might have in the bridge," but that has not been 12 decided. And you are absolutely right, Commissioner 13 Baldwin; there's been no public discussion of it in this 14 Commissioners Court, because there's not, in fact -- and the 15 timing has not been such that we needed to do that at this 16 time. 17 COMMISSIONER LETZ: I think my only comment 18 is -- I mean, I don't know where the papers got their 19 information, but it's -- it puts the Court in an awkward 20 position when have you members of the public coming to me -- 21 and I've had them ask, too. They said, "What are y'all 22 doing with the bridge?" I have no idea. Makes me feel 23 pretty stupid when the paper is saying that the County's 24 getting ready to do something that I've never even heard of. 25 And -- you know, and that's all I can say. But, I don't 7 1 know, I mean, but that's -- 2 JUDGE HENNEKE: Well, you know -- 3 COMMISSIONER GRIFFIN: That's about all 4 anybody can say. 5 JUDGE HENNEKE: Yeah. The source of the 6 stories in the paper are a confusion to me too. I mean, 7 that's in Commissioner Griffin's precinct. After the last 8 story about the -- about how the County was requiring 9 certain repairs before it was transferred, I contacted him 10 and said, "Where did that come from?" And his response was, 11 "I have no idea." 12 COMMISSIONER GRIFFIN: Because I don't. 13 COMMISSIONER LETZ: Yeah. 14 JUDGE HENNEKE: So -- 15 COMMISSIONER BALDWIN: Thank you. The other 16 item I had was Mr. Johnston -- that's Franklin Johnston, our 17 County Engineer. He's recently been elected as 18 Secretary/Treasurer of the Texas Association of County 19 Engineers and Road Administrators. So, again, we have 20 another Kerr County leader that is elected to statewide 21 office, and that's something we need to be very proud of. 22 Congratulations, Franklin. Thank you for serving. 23 JUDGE HENNEKE: Congratulations, Franklin. 24 COMMISSIONER BALDWIN: That's all. Still not 25 back in Tivy football season, so I don't have anything to 8 1 say. 2 COMMISSIONER WILLIAMS: Want to talk about 3 basketball? 4 JUDGE HENNEKE: Commissioner Williams? 5 COMMISSIONER WILLIAMS: Only thing I have is 6 a note from a resident in Precinct 2, Dr. Lee Liggett, who 7 says, "Dear Commissioner Williams, two of the County 8 employees are deserving of special recognition for their 9 excellent work effort on the spur road leading into 2550 and 10 2670 Medina Highway: Jose Gonzales and Gail Matter." And 11 he wasn't sure of the spelling, but anyhow, it says, 12 "Cleaning the area as they so capably did will discourage 13 illegal parking and trashing of the area." He gives his 14 thanks to all involved. We'll pass that on to Road and 15 Bridge for those two persons for the nice work that they 16 did. 17 JUDGE HENNEKE: Very good. Commissioner 18 Letz? 19 COMMISSIONER LETZ: I have a bunch this 20 morning, mostly pretty short. First, I think most of the 21 Commissioners realize that there's a new map out in our 22 foyer which gives the new precinct lines. If anyone has a 23 question as to what precinct they're in, it's up there. And 24 we got that, I guess, from 911? 25 MS. SOVIL: Appraisal District. 9 1 COMMISSIONER LETZ: Real quick, appreciate 2 that. Stock show is this week. We'll be out there -- I'll 3 be out there. I think the rest of the Court will be out 4 there announcing their various events. I encourage everyone 5 in the public to attend. Water. I see a couple people from 6 -- related to water, Mr. Siemers in the audience. The 7 Plateau Water Planning Group is getting ready to gear up for 8 our next planning phase, seeing as we haven't done much in a 9 while. A lot of behind-the-scenes, trying to work through 10 masses of new regulations and procedures and everything else 11 that came out of S.B. 12. We'll be having a meeting on the 12 31st of this month, which we'll be kicking off our next 13 five-year planning phase, and at that meeting we will be 14 primarily working on the scope of work for this period. So, 15 anyway, anyone that wants to attend that meeting, it will 16 probably be in Bandera. It was supposed to be in Del Rio, 17 but I figured that I could not make it back for the 18 Commissioners Court meeting that same day from Del Rio by 19 6:30, so I moved to it Bandera. Also, I know Commissioner 20 Williams was there, but we have a new historical marker in 21 Center Point, in his precinct, Storey's renovation of the 22 Woolls Building, which used to be Edens Implement. Big 23 turnout; it was the largest crowd I've ever seen for a 24 historical dedication. Probably close to a hundred people 25 there for it. The fact that they had free wine and cheese 10 1 and other food probably helped. 2 COMMISSIONER WILLIAMS: No question about it. 3 (Laughter.) 4 COMMISSIONER LETZ: And, finally, the annual 5 Tivy Athletic Booster Club raffle is tomorrow night at the 6 basketball game against Boerne. I would encourage everyone 7 to attend the game, and more importantly, probably, buy a 8 raffle ticket, which have I right here, plenty of them for 9 sale. They are everything from hunting for -- a whitetail 10 hunt on Bill Carter's ranch in Commissioner Griffin's area; 11 trip to Las Vegas; golf rounds at Schreiner, Buckhorn, River 12 Hills, Comanche Trace; fishing; two tickets to a Dallas 13 Cowboys game next year. Very good seats, I might add. 14 Hotel is also included in that. A lot of good prizes. 15 Twenty dollars a ticket, or two for $35. 16 COMMISSIONER GRIFFIN: Is second place four 17 tickets to a Dallas Cowboys football game? 18 (Laughter.) 19 COMMISSIONER LETZ: Maybe they'll be better 20 next year. 21 COMMISSIONER WILLIAMS: Can't be any worse. 22 JUDGE HENNEKE: Commissioner Griffin? 23 COMMISSIONER GRIFFIN: Two things. I'll 24 remind everyone that our technology workshop for this year 25 is next -- on the 28th, our next court meeting date, in the 11 1 afternoon, and there is a memo out that sort of sets the 2 tone for that. And I'd certainly like to get ideas from the 3 public as well as all of the department heads and elected 4 officials on how can we best utilize the technology that's 5 available to us today, and what in your specific areas there 6 might be that you are aware of that we should be looking at. 7 Not to spend money, but certainly to plan for future 8 capability in the technology area, but primarily to look at 9 what we have today that we can better exploit. And, 10 secondly, I'd like to pass along my thanks, and I think the 11 thanks of everyone, to T. Sandlin at 911 for getting the 12 voter precinct maps in a forum where they can be put on a 13 web site, which should be up -- if not -- if they're not 14 already up, should be up this week. And they will be by 15 voter precincts, so that there's enough detail that someone 16 can figure out exactly where they are. And we look forward 17 to probably having more to talk about at the technology 18 conference on things like that, on how we can better use 19 that capability that we have. That's it. 20 JUDGE HENNEKE: Very good. I'll remind 21 everyone, as Commissioner Letz has alluded to, that we have 22 a joint meeting with the City Council -- City of Kerrville 23 on January 31st at 6:30. That will be upstairs in District 24 Courtroom Number 1. This is a session designed to talk in 25 strategic terms about joint projects, both the existing 12 1 projects and future projects. If anyone has any specific 2 topics they want to be on the agenda, please let me know. I 3 met with Ron Patterson; we kind of drafted out an initial 4 agenda, but if there's any anything anyone specifically 5 wants to be on there, please let me know, and make sure that 6 it gets on there. The other thing I'll remind everyone is 7 that the -- we are hosting locally the District 10 8 Commissioners and Judges seminar for January 23rd. It's 9 going to be at the U.G.R.A. building. Attendance -- the 10 responses are coming in very good. We expect to have a good 11 turnout, and look forward to seeing everyone there. It will 12 be a good opportunity for us to get some of our education 13 credits locally, as opposed to having to go spend money at 14 Austin hotels, so it's a good opportunity for all of us. 15 With that, let's turn to the approval agenda and pay some 16 bills. Tommy? Anyone have any questions or comments 17 regarding the bills as presented by the Auditor? 18 COMMISSIONER BALDWIN: I move we pay the 19 bills. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Baldwin, second by Commissioner Williams, that the Court 23 approve payment of the bills as presented and recommended by 24 the Auditor. Does anyone have any further questions or 25 comments? If not, all in favor, raise your right hand. 13 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Turning to 5 budget amendments. 6 MR. TOMLINSON: The first one you have -- you 7 have in your packet, there's an agenda item -- separate 8 agenda item on. I don't know if you want to go ahead and 9 handle it now, or wait for the -- 10 JUDGE HENNEKE: Why don't we hold this one 11 for the agenda item? I think we need a little more -- a 12 little discussion about it. 13 MR. TOMLINSON: Okay. 14 JUDGE HENNEKE: Budget Amendment Number 2 is 15 for the County Auditor. 16 MR. TOMLINSON: Okay. This amendment is a 17 request from my office. We currently -- our printer in our 18 office is currently out, and I need to purchase a 19 replacement. Rather than -- well, the last, I think, three 20 printers I've had are -- are really not the grade that I 21 need in my office to last for a very long time. In fact, I 22 think they -- my experience has been, like, 18 months for 23 one printer. So, what I'm asking the Court to -- to approve 24 is a transfer of $2,600 from Contingency into our Capital 25 Outlay line item to purchase a heavy-duty impact printer to 14 1 replace the one I have. 2 COMMISSIONER WILLIAMS: So moved. 3 COMMISSIONER LETZ: Second. 4 JUDGE HENNEKE: Motion by Commissioner 5 Williams, second by Commissioner Letz, that the Court 6 approve Budget Amendment Request Number 2 for the County 7 Auditor's department. Any questions or comments? If not, 8 all in favor, raise your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Do we have 13 any late bills? 14 COMMISSIONER BALDWIN: Wait. We have 3 and 15 4. 16 (Discussion off the record.) 17 MR. TOMLINSON: I still have 3 and 4; they 18 were on the table. I put them on the table, Judge. 19 JUDGE HENNEKE: Oh, I didn't get them. 20 COMMISSIONER WILLIAMS: Well, here. 21 JUDGE HENNEKE: All right. Court will next 22 consider Budget Amendment Request Number 3, which covers a 23 number of different departments. 24 MR. TOMLINSON: This amendment is -- is to 25 pay the insurance premiums to Texas Association of Counties 15 1 for -- this covers the auto liability and property damage, 2 and for the property coverage for all of our real estate and 3 heavy equipment. The -- part of this -- part of the 4 increase over the budget -- over what we had budgeted is 5 related to -- part of it is to the amount of the numbers of 6 autos, plus the increase in the -- in the coverage necessary 7 for our buildings. About three years ago, we had the 8 Appraisal District come in and do an appraisal on -- on all 9 of our properties, and in the meantime, I have -- I have 10 increased those amounts by -- by a percentage of whatever -- 11 whatever is reasonable, I think, as far as what the cost of 12 construction is. So, that's -- that's part of it. The 13 other part of it is -- is related to just the increase in 14 the premiums for -- for property damage, nationwide. TAC 15 actually assigns about 70 or 80 percent of their risk to 16 property coverage to -- to the private sector, so the 17 private sector has seen some increases in -- in the premiums 18 on property damage for all -- across-the-board for this 19 year. So, what -- what I need for a budget amendment is to 20 transfer $4,982 in the General Fund from Contingency to 21 Property Insurance, and then in the Jail budget -- no, I'm 22 sorry, in the Maintenance budget, I need $319 transferred 23 from Major Repairs to Insurance, and for the Jail, 24 transferring $2,136 from Jailers Salaries to Insurance. And 25 in the Sheriff's Office, its $1,644 from Deputies Salaries 16 1 to Vehicle Insurance. And for Juvenile Probation, I'm 2 asking for a transfer of $31 from Transportation of 3 Juveniles to Vehicle Insurance. And for the Ag Barn, I'm 4 asking for a transfer of $116 from Major Repairs to 5 Insurance. 6 COMMISSIONER LETZ: So moved. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE HENNEKE: Motion by Commissioner Letz, 9 second by Commissioner Baldwin, that the Court approve 10 Budget Amendment Request Number 3 relating to property 11 insurance premiums and other insurance premiums. Any 12 questions or comments? If not, all in favor, raise your 13 right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Budget 18 Amendment Request Number 4 is for the Sheriff's Department. 19 MR. TOMLINSON: Yes. This is related to the 20 coverage for law enforcement liability that the Court 21 approved on the special meeting we had on the 31st. The 22 premium for the jail and Sheriff's office alone was $53,819. 23 We had $47,826 -- no, I'm sorry, we had $48,855 budgeted, so 24 I'm asking for a transfer of $5,993 from Contingency out of 25 Nondepartmental. 17 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER GRIFFIN: Second. 3 JUDGE HENNEKE: Motion by Commissioner Letz, 4 second by Commissioner Griffin, that the Court approve 5 Budget Amendment Request Number 4 for the Sheriff's 6 Department. 7 MR. TOMLINSON: I would like to have a hand 8 check for this last one. 9 JUDGE HENNEKE: And authorize issuance of a 10 hand check payable to -- 11 MR. TOMLINSON: First Insurance Agency. 12 JUDGE HENNEKE: -- First Insurance Agency in 13 the amount of $53,819. Any other questions or comments? If 14 not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: Opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Is that the 19 only late bill or hand check we have? 20 MR. TOMLINSON: All I have. 21 JUDGE HENNEKE: Okay. At this time, I would 22 entertain a motion to waive reading and approve the minutes 23 of the December 10th, December 21st, and December 31st, Year 24 2001, meetings of the Kerr County Commissioners Court. 25 COMMISSIONER LETZ: So moved. 18 1 COMMISSIONER GRIFFIN: Second. 2 JUDGE HENNEKE: Motion by Commissioner Letz, 3 second by Commissioner Griffin, that the Court waive reading 4 and approve the minutes of the December 10, December 21, and 5 December 31 sessions of the Kerr County Commissioners Court. 6 Any questions or comments? If not, all in favor, raise your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: Opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. I would also 12 entertain a motion to approve and accept the monthly reports 13 as presented. 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Motion by Commissioner Letz, 17 second by Commissioner Griffin, that the Court approve and 18 accept the monthly reports as presented. Any questions or 19 comments? 20 COMMISSIONER BALDWIN: Comment, that the -- 21 looks like our reports are coming in more on time these 22 days. Looks like maybe that they are all there this time. 23 JUDGE HENNEKE: Very good. Any other 24 questions or comments? If not, all in favor, raise your 25 right hand. 19 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Okay. We'll 5 turn to the consideration agenda. I don't see Mr. Holekamp 6 in the audience yet, so we'll move on to Item Number 2, 7 consider and discuss registration reduction from $2 and $5 8 to $1 during the Rabies Drive February 2 to February 16, 9 Year 2002. Marc Allen. 10 MR. ALLEN: Okay. Well, I'd like to ask the 11 Court to reduce our registration from $2 for a non -- for a 12 neutered animal and $5 for non-neutered to just $1 during 13 the Rabies Drive from February 2nd to the 16th. I think at 14 this time we've got about 750 people -- animals registered 15 with the County, which is way up from the past. So -- 16 COMMISSIONER GRIFFIN: So moved. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Griffin, second by Commissioner Baldwin, that the Court 20 reduce the registration fee of $2 and $5 to $1 during the 21 Rabies Drive, which is from February 2 through February 16, 22 Year 2002. Any other questions or comments? 23 COMMISSIONER LETZ: Do we -- question. Do we 24 have some of the local vets participating like they usually 25 do with this? 20 1 MR. ALLEN: Yes, we do. In Ingram, Cuatro 2 Patterson's going to try to do it on Saturday -- well, 3 it's -- the drive starts actually 1 p.m. on Saturday, the 4 2nd, and we'll have a vet at the fire department in Ingram, 5 which will be Cuatro Patterson. Dr. Leifeste will be at the 6 fire station in Center Point, and Dr. Janssen will be at the 7 Community Center in Cypress Creek, and Dr. Cardwell will be 8 at Turtle Creek Fire Department. And then, after that, you 9 can have it done in all of the local vets during that time. 10 COMMISSIONER LETZ: Very good. Good program. 11 COMMISSIONER BALDWIN: It is good. 12 JUDGE HENNEKE: Questions or comments? If 13 not, all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carried. Thank you, 18 Marc. Item Number 3 has been pulled at the request of the 19 County Engineer. We'll go to Item Number 4, consider a 20 variance to lot size and road frontage, and consider 21 approval of preliminary plat of Hutte Addition in Precinct 22 2. Commissioner Williams. 23 COMMISSIONER WILLIAMS: Mr. Johnston? 24 MR. JOHNSTON: This plat is similar to the 25 one we had last time which would qualify for the abbreviated 21 1 meeting schedule, except for two items, the two items which 2 we have on the agenda for a variance request. The two lots, 3 when they're divided, one is 5 acres and one is 4.99 acres. 4 It technically doesn't meet the 5-acre requirement. They 5 asked for a variance for that. And road frontage, it now 6 has 206 feet. When you divide it up, it will only have 7 103 feet of frontage, and we require 200 feet. 8 COMMISSIONER WILLIAMS: So we really need two 9 variances, right? We need a variance on the lot size for 10 1/100th of an acre. 11 MR. JOHNSTON: Right. 12 COMMISSIONER WILLIAMS: And a variance for 13 the road frontage. 14 MR. JOHNSTON: Road frontage. 15 COMMISSIONER WILLIAMS: Okay. 16 MR. JOHNSTON: With those exceptions, it's 17 exactly the same as that one we did last time, when we 18 divided a lot. 19 COMMISSIONER WILLIAMS: And I think Mr. Hutte 20 was requesting, so as not to have to come back a second day, 21 that we -- that the Court found it favorable to do both the 22 preliminary and final today. 23 MR. JOHNSTON: At one time, yes. 24 COMMISSIONER WILLIAMS: I would move 25 preliminary and final approval, with the two variances as 22 1 noted for the preliminary -- for the Hutte Addition in 2 Precinct 2. 3 COMMISSIONER LETZ: Second. 4 COMMISSIONER BALDWIN: Third. 5 JUDGE HENNEKE: Motion by Commissioner 6 Williams, second by Commissioner Letz, that the Court grant 7 a variance to the lot size and the road frontage as 8 requested, and consider approval of the plat of Hutte 9 Addition in Precinct 2, both preliminary and final approval. 10 The agenda item reads "consider approval of preliminary 11 plat." 12 COMMISSIONER BALDWIN: I'll pull my third. 13 JUDGE HENNEKE: I'm hesitant to jump to the 14 final with that wording. 15 COMMISSIONER BALDWIN: I am, too. 16 COMMISSIONER LETZ: I agree. 17 COMMISSIONER WILLIAMS: We'll put it back on 18 for final, but it will be just a formal matter. 19 JUDGE HENNEKE: Do you want to go ahead and 20 take a vote on the preliminary? 21 COMMISSIONER WILLIAMS: Do preliminary, put 22 it back on for final at the next meeting, since the agenda 23 item is not structured properly. 24 JUDGE HENNEKE: The motion, then, is to grant 25 a variance to lot size and road frontage as requested, and 23 1 consider approval of the preliminary plat of Hutte Addition, 2 Precinct 2. Any other questions or comments? If not, all 3 in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Preliminary plat is approved. 8 COMMISSIONER LETZ: Just for information, it 9 will be on our next agenda to do that change. I didn't want 10 to do it just now because Jim Brown's been out of town. 11 He'll have some input, I think. 12 JUDGE HENNEKE: All right. Next few items 13 relate to public hearings. I guess we could go to Item 14 Number 7, as that's not related to public hearings; is that 15 correct? 16 COMMISSIONER GRIFFIN: Can we do 6? I think 17 we can do 6, can't we? 18 JUDGE HENNEKE: Six is the follow-on to the 19 public hearing. 20 COMMISSIONER LETZ: Number 5. 21 JUDGE HENNEKE: You have to have 5 before you 22 can do 6, but 7 doesn't appear to be tied to a public 23 hearing; is that correct? 24 COMMISSIONER LETZ: That's correct. 25 JUDGE HENNEKE: So, let's take up Item 24 1 Number 7, consider and approve name changes for Kerr County 2 roads in various locations in accordance with 911 3 guidelines. Commissioner Griffin. 4 COMMISSIONER GRIFFIN: Okay. These are 5 the -- before we go down to 7, I hate to be picky, but it 6 says -- on 6, it says that they already had a public 7 hearing. 8 JUDGE HENNEKE: But the public hearing is 9 already had. It's Number 5, which is scheduled for 10 10 o'clock. 11 COMMISSIONER GRIFFIN: Is that true, Truby? 12 MS. HARDIN: Except -- well, there's two on 13 there, but -- 14 COMMISSIONER GRIFFIN: There's two on there 15 that have already had a public hearing. That's what was 16 confusing me, I guess. Okay. So, on 7, these are -- these 17 are all private roads that have been worked with 911 and 18 Road and Bridge, and I would move that we approve them as 19 presented. 20 COMMISSIONER LETZ: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Griffin, second by Commissioner Letz, that the Court approve 23 name changes for the Kerr County private roads at the 24 various locations, in accordance with 911 guidelines, as 25 presented. Any questions or comments? 25 1 COMMISSIONER GRIFFIN: I would add, of 2 course, that affected property owners were also conferred 3 with in selection of those names. 4 JUDGE HENNEKE: Very good. Any other 5 questions or comments? If not, all in favor, raise your 6 right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: All opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Let's go, 11 then, I believe, to Item Number 10, consider and discuss a 12 method of acquiring the remaining piece of Sheppard Rees 13 right-of-way. As y'all may recall, the landowner had 14 requested that we consider giving a tax credit in exchange 15 for the small piece of land. Included in your packets is a 16 memo from the County Attorney indicating that that is 17 probably not appropriate, and I'm handing out to the Court 18 just now copies of the Property Code regarding the eminent 19 domain proceedings, if that's the direction the Court wants 20 to go. We do need to acquire this remaining piece of the 21 Sheppard Rees right-of-way. Franklin, are there any new 22 developments on this that you're aware of? 23 MR. JOHNSTON: I don't know of anything. 24 COMMISSIONER BALDWIN: I have a thought, is 25 that we -- we really haven't done, I don't -- in my opinion, 26 1 I don't think that we've done anything formal with the 2 property owner out there, and it's my opinion that we should 3 go back now and formally offer him fair market value for 4 that piece of property and give him the opportunity to turn 5 that down before we move in the -- in the only other step I 6 see, the eminent domain. And I would be more than happy to 7 do that in this case, but I think that we should do the -- 8 that's a fair way to do it. 9 JUDGE HENNEKE: You're reading my mind this 10 morning. 11 COMMISSIONER BALDWIN: So I think if we need 12 a court order, and we probably do, to authorize Franklin 13 Johnston or whoever you think is appropriate -- I'm not sure 14 if it should be an attorney or whoever, or you to make the 15 formal offer to the landowner. 16 COMMISSIONER LETZ: It's kind of -- I agree. 17 My question is a procedural question, is whether it should 18 be the County Attorney's office or Road and Bridge. It 19 seems last time the County Attorney's office was doing it, 20 because you get into a legal and -- 21 COMMISSIONER BALDWIN: Yeah, I'm more 22 comfortable with the -- with the attorney doing it, myself. 23 COMMISSIONER LETZ: But we need -- you know, 24 we also, because of the lack of, I guess -- I don't know if 25 he's fully staffed now. 27 1 JUDGE HENNEKE: Not that I'm aware of. 2 COMMISSIONER WILLIAMS: Have we 3 established -- 4 COMMISSIONER LETZ: If he can get it done, 5 also. 6 COMMISSIONER WILLIAMS: Have we established 7 in our own minds what fair market value might be? 8 COMMISSIONER BALDWIN: Yes, sir. They have 9 had -- had an appraisal done. 10 COMMISSIONER LETZ: What's the timeline on 11 this, I mean, Franklin? 12 MR. JOHNSTON: I think they're going to do 13 some work this summer. 14 COMMISSIONER LETZ: Summer? I mean, I would 15 -- you know, I think I would go along with Commissioner 16 Baldwin and refer it to the County Attorney's office with a 17 timeline on it; if it's not done by a certain day, I think 18 we need to go out to private counsel. We just can't let 19 things sit down there, but I think we need to give the 20 opportunity for it to be done in the County Attorney's 21 office. 'Cause I have one coming up, too; I want to make 22 sure the procedure is set. 23 JUDGE HENNEKE: What time frame would you 24 suggest? 25 COMMISSIONER BALDWIN: Two hours. 28 1 JUDGE HENNEKE: Two hours? By 4 o'clock this 2 afternoon? 3 COMMISSIONER LETZ: I'd say a month. I mean, 4 if they're going to do it in the summer when they're 5 starting to get into more details, I mean, it's not a -- 6 JUDGE HENNEKE: If we have to go eminent 7 domain, you're talking a fairly lengthy time frame, so a 8 month is probably not unreasonable, but I -- 9 COMMISSIONER LETZ: Either way. Whatever. 10 COMMISSIONER BALDWIN: Okay. I'm going to 11 say that -- that we want to refer this to the County 12 Attorney's office and ask him to have it done by the next 13 court meeting, which is -- 14 COMMISSIONER LETZ: 28th. 15 COMMISSIONER BALDWIN: -- the 28th, to 16 formally offer the property owner the fair market value of 17 that piece of property. 18 JUDGE HENNEKE: Okay. 19 COMMISSIONER LETZ: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Baldwin, second by Commissioner Letz, that the Court request 22 that the Kerr County Attorney formally offer the landowner 23 of the remaining piece of the Sheppard Rees right-of-way the 24 fair market value, as established by the appraisal, such 25 action to be taken not later than our next meeting, 29 1 January 28th, Year 2002. Any questions or comments? If 2 not, all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: Opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. 7 Mr. Tomlinson seems to have stepped out for a moment. Let's 8 go to Item Number 12, consider and discuss Kerr County 9 obligation to pay subcontractors for the work on courthouse 10 renovation. Commissioner Baldwin. 11 COMMISSIONER BALDWIN: Judge, we're going to 12 pull this, but I wanted to make a comment, kind of give 13 y'all an idea what this is about. Now, we have the 14 contractor on this -- on our new facility over here that is 15 from another county, and the subcontractors are local 16 people. And this has been rocking along, and some of our 17 subcontractors here in this community have not been paid in 18 over two years. And, personally, that angers me, that this 19 is going on. And -- let's see. I had written the County 20 Attorney a letter back in October asking him, is there any 21 legal things that we can do to urge the contractor on so 22 that our subcontractors, the local people, can get their 23 money? And I have not received an answer to -- after 24 sending two, I have not received an answer on either one of 25 them. But it looks like our recent -- our latest report 30 1 from our representative on that project, it looks like the 2 thing is winding down, and that it's finishing up, and we 3 should be settling with the contractor in full. It looks 4 that way to me, anyway. And so the subcontractors, which 5 there are several, wanted to come in here today with 6 Bazookas, and I have asked them to kind of just hold off and 7 just -- let's give the process a little bit more time. 8 That's what all that's about. 9 JUDGE HENNEKE: Any other questions -- any 10 questions or comments? 11 COMMISSIONER LETZ: Question on that. I 12 mean, the money that -- how do we insure that the 13 subcontractors get the money when we free up the last 14 10 percent? 15 COMMISSIONER BALDWIN: I cannot answer that, 16 Jon. I can't get a legal answer to that, but probably there 17 is not one. However, to me, there is some responsibility of 18 us to see that they get their money, you know, as -- as the 19 county fathers. 20 COMMISSIONER GRIFFIN: Whatever we can do. 21 COMMISSIONER BALDWIN: Whatever we can do to 22 get their money. I think it's not right. 23 COMMISSIONER LETZ: I agree. 24 COMMISSIONER BALDWIN: But, to answer your 25 question, I don't know what legally we can do. So -- 31 1 COMMISSIONER WILLIAMS: Did you pose that 2 question to the County Attorney? 3 COMMISSIONER BALDWIN: Yes, sir. 4 MR. JOHNSTON: Well, from my experience in 5 the engineering and construction business, the general 6 contractor has to sign off a deed release that he's paid all 7 of his subcontractors before you give him his final 8 retainage, which guarantees that all the bills will be paid. 9 Mostly, it's bonding in place that covers any -- 10 JUDGE HENNEKE: The lien releases and waivers 11 are one of the sticky points, because I'm adamantly taking 12 the position I'm not releasing any retainage until I have 13 lien releases and waivers from 100 percent. 14 MR. JOHNSTON: That's common practice, I 15 think, to have that -- as an owner, to have that before you 16 can pay your final release. 17 JUDGE HENNEKE: We'll keep pushing on it. 18 COMMISSIONER LETZ: Buster, do you -- or 19 Judge, do you know, does he owe more than his retainage? 20 COMMISSIONER BALDWIN: No, he does not. 21 COMMISSIONER LETZ: So, I mean, you would 22 think that he would be anxious to get his money as well. 23 COMMISSIONER BALDWIN: Yeah, it's a 24 considerable sum. 25 JUDGE HENNEKE: Anything further? 32 1 COMMISSIONER BALDWIN: No, sir, that's all. 2 I just wanted to give that report. 3 JUDGE HENNEKE: Thank you. Item Number 13, 4 consider and discuss a report from 911 Director on the 5 implementation of road name changes on Bailey Jo and Michon 6 Road. Take it away. 7 COMMISSIONER GRIFFIN: I think they're 8 standing right outside the door. 9 COMMISSIONER BALDWIN: I can do it without 10 them. I mean, it's mine. 11 JUDGE HENNEKE: Okay. Go ahead, 12 Commissioner. 13 COMMISSIONER BALDWIN: The -- if you remember 14 in our last meeting -- and I put comments from the minutes 15 of our last meeting, where Commissioner Williams and 16 Commissioner Griffin and Sheriff Hierholzer was -- at that 17 time was the chairman of the 911 Board, and my comments 18 asking them to move forward on those two -- on those two 19 roads, to go around the rules a little bit, and because it 20 was kind of an emergency-type situation. And I put this on 21 the agenda, and Friday afternoon I got a phone call from 22 Cindy Guerrero of the Postal Service in San Antonio. It's a 23 done deal. 911 sent in all the information to her, and it's 24 done, it's over, and thank you guys very much for doing what 25 we asked you to do. And so it's a -- it's another miracle 33 1 in Kerr County. 2 COMMISSIONER WILLIAMS: Are you saying that 3 the road name and the Post Office addresses now match? 4 COMMISSIONER BALDWIN: According to 5 Mrs. Guerrero, yes. 6 COMMISSIONER GRIFFIN: Careful. 7 COMMISSIONER BALDWIN: Yeah. 8 COMMISSIONER WILLIAMS: Have we -- the road 9 names are already up, are they not, Truby? 10 (Ms. Hardin nodded.) 11 COMMISSIONER WILLIAMS: Wonderful. 12 JUDGE HENNEKE: Very good. That's a good 13 report. 14 COMMISSIONER BALDWIN: Yeah, that's a good 15 one. I was exited about it. 16 JUDGE HENNEKE: Absolutely. Let's go to Item 17 Number 15, consider and discuss creation of a five-person 18 citizen's commission to make recommendations on elected 19 officials' salaries, one person to be appointed by each 20 Commissioner and County Judge, with technical support from 21 Shaun Branham. We talked about this last year during the 22 budget discussions, and I'm bringing it to the Court. I 23 think it's an excellent idea. I think we should go ahead 24 and set up the commission, perhaps give ourselves a month or 25 two to nominate the members so that they can do their 34 1 deliberations without too much time pressure, but bring back 2 some recommendations in the late-May or early-June time 3 frame so that we can consider them during our budget 4 deliberations. 5 COMMISSIONER BALDWIN: Question -- may I ask 6 a question? The way I remember it, Commissioner Letz was 7 the brain child on this thing. Do you see -- what would be 8 the charge of this committee? 9 COMMISSIONER LETZ: I think to review all of 10 the elected officials' salaries in Kerr County and come back 11 with a recommendation on what they think they should 12 currently be in Kerr County. 13 COMMISSIONER BALDWIN: Much like what we have 14 done several times, by comparing them with other counties? 15 COMMISSIONER LETZ: Yeah. It's not only -- 16 just basically to let them look at it, let them come back 17 with what they think every -- each elected official should 18 be making in this county. You know -- 19 COMMISSIONER GRIFFIN: If they act as an 20 independent -- I think that was the idea. I mean, they will 21 act independently. They can use whatever data they think is 22 appropriate. 23 COMMISSIONER LETZ: And -- 24 COMMISSIONER GRIFFIN: We'll turn over 25 everything we've got. 35 1 COMMISSIONER LETZ: -- that doesn't mean they 2 do a survey, necessarily. They may decide that every county 3 official in Kerr County needs to be paid less, or whatever 4 they may think should be done. But hopefully they would 5 take into consideration whatever, you know, comparable 6 people make, and cost-of-living, whatever they want. I 7 mean, my only -- and I -- you know, I fully support the 8 creation of it. I think five members is a good number of 9 citizens. Any more than that, it starts getting cumbersome. 10 My only -- and having Shaun involved from a technical 11 standpoint is good. My only question is, some -- and I'm 12 trying to think of who would be a good person to get on this 13 involved also, because we need somebody who understands a 14 little bit what these people do. We need somebody from the 15 County government on this, but I hate to have an elected 16 official, because it kind of gets a little bit tainted. 17 COMMISSIONER GRIFFIN: Yeah, then you lose 18 the independent -- 19 COMMISSIONER LETZ: Only one I can think of 20 possibly is Tommy. He is not -- you know, he's appointed by 21 the -- the judges. 22 COMMISSIONER WILLIAMS: He could be a part of 23 the committee, ex-officio. 24 COMMISSIONER LETZ: An ex-officio part, 25 because he is -- you know, I think understands what each 36 1 elected official does, and I think that's going to be very 2 -- they really need that involvement. 3 COMMISSIONER WILLIAMS: I think that's a good 4 idea. 5 JUDGE HENNEKE: That's an excellent idea. 6 COMMISSIONER BALDWIN: I agree. 7 COMMISSIONER LETZ: If Tommy will do it. If 8 not, we'll have to find somebody. But, I mean -- 9 COMMISSIONER BALDWIN: I didn't bring 10 somebody from my precinct today. 11 JUDGE HENNEKE: Well, I think the idea wasn't 12 to name people today, but to set up the commission, like we 13 with did with the other commission. Give ourselves -- I 14 would say announce the members the first meeting in 15 February. That gives us a month to go out and talk to 16 people and find people who are willing to take the time to 17 do it. We're not under any time crunch right now. If it 18 slips a whole lot more, then we do put them under a time 19 crunch that they may not be comfortable with, because there 20 is fair amount of education that's going to have to go on. 21 COMMISSIONER LETZ: I think they need to have 22 a report back to the Court probably June 1st. 23 JUDGE HENNEKE: I would say June 1st. 24 COMMISSIONER LETZ: June 1st. And, I think 25 that we also -- if we -- if Tommy agrees to do it, we need 37 1 to offer some -- you know, I guess Shaun would be the 2 support they need to get the information, the data that they 3 need. 4 JUDGE HENNEKE: The reason Shaun was 5 suggested is because he has the technical ability to take 6 data -- he can collect data off the web, he can put it in 7 spreadsheets, he can manipulate it, he can give the -- you 8 know, our committee whatever they need in order to make the 9 recommendations that are asked for. 10 COMMISSIONER LETZ: Okay. I'll move the 11 creation of a -- a salary commission to review elected 12 officials' salary in Kerr County, one member coming from 13 each of the -- one citizen member coming from each member of 14 the Court, Shaun Branham for technical assistance, and Tommy 15 Tomlinson for additional ex-officio member as additional 16 technical information. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE HENNEKE: Do you want the names 19 announced February 10th, and request them to report by 20 June 1st? 21 COMMISSIONER LETZ: Yes. 22 JUDGE HENNEKE: Motion by Commissioner Letz, 23 second by Commissioner Williams, that the Court create a 24 five-person citizen's salary commission and make 25 recommendations on elected officials' salaries for Kerr 38 1 County, one person appointed by each Commissioner and by the 2 County Judge, with technical support from Shaun Branham and 3 substantive support by Tommy Tomlinson, members to be 4 announced at our February 10th meeting, with the report to 5 be requested not later than June 1st, Year 2002. 6 COMMISSIONER LETZ: Judge, an additional 7 thing. I think it would be helpful for -- and I'll be glad 8 to make a stab at it -- to have at least a one-page or a -- 9 in writing, what we want from the commission, with some 10 recommendations. 11 COMMISSIONER GRIFFIN: Charter. 12 COMMISSIONER LETZ: A general charter. I 13 think, as a recommendation, they should be encouraged to 14 talk to all the elected officials. I mean, if they don't 15 want to, they don't have to. They can do what they want, 16 but I'll take a stab at that and run it by you at our next 17 court meeting. We can get that ready by the -- 18 COMMISSIONER GRIFFIN: That's a great idea. 19 And it should stress the independence of the commission, 20 that they will make recommendations independently. Of 21 course, the Court has to act on it as part of the budget 22 process. 23 JUDGE HENNEKE: Good. Anyone else have any 24 questions or comments regarding the motion on the floor? If 25 not, all in favor, raise your right hand. 39 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Let's take 5 up Item Number 16, consider and discuss the renewal of the 6 lease for the West Kerr County Annex and increase in rental 7 for that facility. Commissioner Griffin, I believe you had 8 some discussions on that? 9 COMMISSIONER GRIFFIN: Yes. I did not get a 10 copy of -- of the letter, apparently, that -- that 11 Mr. Priour sent. Did you have a copy of that? Only thing I 12 don't have, but it's really not required, but -- but I just 13 didn't see a copy of it. I know that there was one. The 14 issue here is that the lease for the annex in Ingram is up 15 for renewal. Mr. Priour has -- has offered to renew the 16 lease. He has -- did he mention an amount, a new rate in 17 that letter? 18 MS. RECTOR: I think he's increasing it by 19 $50 a month. 20 COMMISSIONER GRIFFIN: That's what I had 21 heard was in the letter, and that was his proposal. And -- 22 and that's -- that's probably reasonable, off the top of my 23 head. I'd like to hear the rest of the Court. Also, as a 24 part of that process, when we originally did the -- when we 25 originally did the lease, you know that we did pay, I think, 40 1 a $400 security deposit, and I discussed that with 2 Mr. Priour at that time, that at some point we would like to 3 get that security deposit back, since, generally speaking, 4 governmental agencies don't pay security deposits. But we 5 did it to close the deal, and in good faith. We said we'd 6 talk about that at renewal time. So, what I would suggest 7 is -- is that -- and I'll be glad to make the contact with 8 Mr. Priour, see if we can renew on those terms, with perhaps 9 the -- if he will agree to a $50 increase per month, and 10 that at the same time we'll make adjustments, perhaps in $50 11 increments, until we get that security deposit back, and see 12 if we can proceed along those lines. Then I would bring 13 that back to the Court and perhaps ask Mr. Priour to come in 14 if he'd like to, and we can try to finalize that, perhaps as 15 early as the next meeting. 16 COMMISSIONER BALDWIN: Where would the extra 17 $50 come from out of the budget? 18 COMMISSIONER GRIFFIN: Well, for the first 19 eight months -- for the first eight months, if we can work 20 the thing to get our security deposit back, there would be 21 no impact. For the last months of the lease, then we'd have 22 to consider it in next year's budget, and we'd perhaps have 23 a -- like, $100, $150 this year that we'd probably have to 24 take out of the budget, a budget amendment of some sort. 25 Does that answer your question? 41 1 COMMISSIONER BALDWIN: Yeah. 2 COMMISSIONER GRIFFIN: In other words, if we 3 can work the thing on the security deposit, it goes up $50, 4 but then we recover that, and that would be my going-in 5 position with Mr. Priour. 6 COMMISSIONER BALDWIN: And if we don't work 7 out the deal with the security deposit, we have to come up 8 with some bucks? 9 COMMISSIONER GRIFFIN: Right. 10 COMMISSIONER BALDWIN: So, where -- 11 COMMISSIONER WILLIAMS: Does the lease run 12 concurrently with our budget, or calendar-year lease or 13 something else? 14 COMMISSIONER GRIFFIN: Paula, do you know 15 offhand? 16 MS. RECTOR: It's January 1. 17 COMMISSIONER GRIFFIN: It's January 1. 18 Probably be a good idea, at the same time we redo this 19 lease, to put it on a fiscal year basis so that we line it 20 up. 21 JUDGE HENNEKE: It's been an excellent 22 program out in west Kerr County, Paula. 23 MS. RECTOR: I just have a question. I don't 24 think, in the contract, that it mentions anything about how 25 much he can increase this each year. I would expect that 42 1 the sky's the limit. I don't think that he would ever do 2 that, but is there something that we can put in that 3 contract that kind of locks him into a certain amount that 4 he can increase each year? Because when you talk about $50 5 a month each year, every year, over a ten-year period, let's 6 say, that's going to be a substantial amount. 7 COMMISSIONER GRIFFIN: Well, this would be a 8 multi-year lease. It would not be -- 9 MS. RECTOR: 'Cause we've been going 10 year-to-year on the lease. 11 COMMISSIONER GRIFFIN: Yeah. What I mean is 12 that we should try -- we should go for a multi-year lease at 13 a fixed rate. 14 MS. RECTOR: Okay. 15 COMMISSIONER GRIFFIN: And it comes up for 16 renegotiation when the new lease comes up. 17 MS. RECTOR: I'd like to see that in a 18 multi-year lease that has a fixed amount. 19 COMMISSIONER GRIFFIN: But I will take that 20 as an action item, if the Court would like to proceed that 21 way, and try to bring it back for the next meeting. 22 JUDGE HENNEKE: Well, I suggest we have a 23 motion to renew the lease at $450 a month, a multi-year 24 term, and ask Commissioner Griffin to negotiate the terms 25 and bring it back to the Court for approval. 43 1 COMMISSIONER GRIFFIN: So moved. 2 COMMISSIONER BALDWIN: You just made the 3 motion. 4 JUDGE HENNEKE: No, I didn't. I said I'd 5 entertain a motion. 6 COMMISSIONER BALDWIN: Oh, I see. 7 COMMISSIONER GRIFFIN: I said so moved. 8 COMMISSIONER BALDWIN: I kind of wanted to 9 hear him make a motion. 10 JUDGE HENNEKE: You haven't heard me make one 11 yet. In three years, you haven't heard me make one. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE HENNEKE: Motion by Commissioner 14 Griffin, second by Commissioner Baldwin, that the Court 15 renew the lease with Mr. Priour on the West Kerr County 16 Annex, and at a monthly rate of $450 a month and multi-year 17 term, and authorize Commissioner Griffin to negotiate the 18 final details and bring it back to the Court for final 19 approval. Any questions or comments? If not, all in favor, 20 raise your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE HENNEKE: Opposed, same sign. 23 (No response.) 24 JUDGE HENNEKE: Motion carries. Next item is 25 Item Number 17, consider and discuss a proposal by State Tax 44 1 Management and Review to collect misallocated sales tax 2 revenue. You have in your packets the correspondence in 3 your proposal from the outfit called State Tax Management. 4 Apparently, based on my discussions with Mr. Morgan, there 5 is a situation which state sales tax gets misappropriated 6 for the benefit of metropolitan transit authorities and not 7 properly credited to the county that collected the tax. 8 Mr. Morgan was not able to tell me whether there was 9 actually un -- misallocated tax on behalf of Kerr County, 10 although he indicated he was certain that there was some. I 11 don't know whether this is something that the Court wants to 12 entertain or not. I -- 13 COMMISSIONER BALDWIN: No. 14 JUDGE HENNEKE: -- felt obligated to bring it 15 up for consideration. 16 COMMISSIONER LETZ: I think it's interesting 17 to look into, but I don't see that we need to use Mr. Morgan 18 to do that. 19 JUDGE HENNEKE: Okay. 20 COMMISSIONER GRIFFIN: Me either. 21 COMMISSIONER BALDWIN: Is this something 22 done -- see, I couldn't even get my mind to that point. I 23 thought they were saying that we were sending money 24 somewhere, to these metropolitan transit authorities. 25 JUDGE HENNEKE: No. What they're saying 45 1 is -- 2 COMMISSIONER BALDWIN: This is happening 3 before the money gets back here, huh? 4 JUDGE HENNEKE: At the -- at the 5 Comptroller's office, money that would otherwise come to 6 Kerr County somehow is getting siphoned off to San Antonio 7 because they have a metropolitan transit authority. And I 8 don't understand exactly how that works, and I talked to a 9 couple people, and they don't either, but that's the 10 scenario and that's the proposal. If the -- if the Court's 11 not interested in it, I certainly don't disagree with that, 12 and we'll so notify Mr. Morgan. 13 COMMISSIONER BALDWIN: So, some lawyer in 14 Austin probably -- oh, no, Dallas -- wants us to give him 15 40 percent of what he can collect on behalf of Kerr County. 16 What a big-hearted man he is. I appreciate that. 17 JUDGE HENNEKE: I believe we have the sense 18 of that one. Let's move along. Item Number 18, consider 19 and discuss the Commissioners Court meeting schedule for the 20 calendar year 2002. The proposal prepared by our court 21 coordinator is in the -- in our book. It's the same general 22 proposal that we have operated off of for three years now. 23 It shows the evening meetings on a quarterly basis, as well 24 as adjusting the schedule for the three Monday holidays that 25 we have during the course of the year. Anyone have any 46 1 questions or comments? 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER GRIFFIN: Second. 4 JUDGE HENNEKE: Motion by Commissioner Letz, 5 second by Commissioner Griffin, that the Court adopt the 6 schedule for the calendar year 2002 meetings of the Kerr 7 County Commissioners Court, to include quarterly evening 8 meetings. Any further questions or comments? 9 COMMISSIONER BALDWIN: My only comment would 10 be that if I were going to oppose it, I'd oppose it on the 11 grounds that the evening meetings are not that beneficial. 12 You know, we have a few people here and we do take care of 13 business; however, we're holding staff over and paying 14 sometimes overtime for them. But I'll vote for it. 15 JUDGE HENNEKE: Any other questions or 16 comments? If not -- 17 COMMISSIONER GRIFFIN: I would tend to agree. 18 I just think that we need to look very carefully at the cost 19 effect of the evening meetings, and would -- is it really 20 increasing the number of people who will show up? At times 21 I think it has, in the past couple years -- three years, and 22 at times it has not. And there is a dollar cost associated 23 with it, so I just think we need to take a look at it this 24 year, to maybe consider dropping it if we don't really 25 show -- 47 1 JUDGE HENNEKE: Well, I would disagree with 2 that, because I think it's incumbent upon us to offer 3 government to the citizens. And, you know, if we wanted to, 4 we could take our show on the road and have these meetings 5 in Ingram and in other places around the county. We've not 6 chosen to do that, because that really does get into a cost 7 by the time you transfer all the records and everybody 8 travels. But I think that this is the minimum effort that 9 we make on an annual basis to make government more available 10 to the citizens, whether or not they take advantage of it. 11 I think the dollar cost is minimal, because our department 12 heads are good managers, and I don't think we get charged 13 hardly any overtime for evening meetings, because they 14 adjust the -- the work schedule of the people who have to be 15 at the court meetings in order to accommodate the fact that 16 it's in the evening. But, those are my thoughts on the 17 issue. 18 COMMISSIONER WILLIAMS: I'd be in favor of 19 our -- our looking seriously at taking two meetings out of 20 the courthouse, whatever's the best use of the county, in 21 lieu of two of the four evening meetings. 22 JUDGE HENNEKE: We could do that, if we want 23 to work up a proposal to that effect. We could always 24 substitute it for what we do. The motion is to approve the 25 schedule. All in favor, raise your right hand. 48 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. 5 (Discussion off the record.) 6 JUDGE HENNEKE: Is the gentleman in the back 7 of the room here for the presentation on the landowner 8 signs? 9 COMMISSIONER BALDWIN: Joe. 10 COMMISSIONER GRIFFIN: No, Joe is here for 11 the name changes. 12 MR. ESQUELL: For the Reservation Road -- 13 JUDGE HENNEKE: All right. 14 MR. ESQUELL: -- changeover with Tatsch Road. 15 JUDGE HENNEKE: We're just fixing to get to 16 that. So, it's 10 o'clock. At this time, we will recess 17 the Kerr County Commissioners Court meeting and open a 18 public hearing on name changes for County-maintained roads 19 in accordance with 911 guidelines, and a speed limit sign. 20 (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing 21 was held in open court, as follows:) 22 P U B L I C H E A R I N G 23 JUDGE HENNEKE: These -- the names of the 24 roads that are to be considered have been published in the 25 paper, as has the speed limit sign change. Just for 49 1 purposes of the public hearing, I'm going to read the names. 2 The proposal is to change what is now known as Reservation 3 Road Northwest to Upper Reservation Road Northwest, to 4 change Tatsch Road Northwest to Lower Reservation Road 5 Northwest, to change Benson Road North to Eugene Road North, 6 to change the paved portion of South Park Road Southwest to 7 Cougar Park Road Southwest, and to change the name of 8 Windcrest West to Yavo, Y-a-v-o, Road West. Additionally, 9 on Highway -- on Westwood off Highway 27, set a speed limit 10 of 35 miles an hour. Is there anyone in the audience who 11 would like to address the Court on those name changes? Once 12 again, is there anyone in the audience, any citizen, who'd 13 like to address the Court on those specific name changes and 14 the speed limit change? One more time, is there any citizen 15 who would like to address the Court during the public 16 meeting on the proposed road name changes and the speed 17 limit sign change? 18 MR. ESQUELL: Are you going to change it to 19 Upper or Lower? The Tatsch Road. 20 JUDGE HENNEKE: The name "Tatsch Road" was to 21 be changed. I believe it is to Lower -- Lower Reservation 22 Road, yes, sir. 23 MR. ESQUELL: Well, I'd like to have seen it 24 be "West," but I'll settle for "Lower." 25 JUDGE HENNEKE: All right. Thank you, sir. 50 1 Anyone else who'd like to address the Court on these road 2 name changes? If not, I will declare the public hearing 3 closed. 4 (The public hearing was concluded at 10:03 a.m., and the regular Commissioners Court 5 meeting was reopened.) 6 - - - - - - - - - - 7 JUDGE HENNEKE: We will reconvene the Kerr 8 County Commissioners Court meeting. The next item for 9 consideration is Item Number 6, consider the name changes 10 for County-maintained roads that have had a public hearing, 11 and a speed limit sign change. In addition to those roads 12 that were just the subject of the public hearing, we have 13 North Oak and South Oak Drive West being changed to Oak 14 Drive West. We have East and West Cedar Drive West being 15 changed to Cedar Drive West, and we have West Cedar Drive 16 West being changed to Bush Drive West. Those names were 17 previously the subject of a public hearing. 18 COMMISSIONER GRIFFIN: I'll make a motion 19 that we accept all of the changes as presented for this 20 agenda item. 21 COMMISSIONER LETZ: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Griffin, second by Commissioner Letz, that the Court approve 24 the name changes for County-maintained roads and the change 25 in the speed limit sign as presented, and the subject of the 51 1 public hearings. 2 COMMISSIONER LETZ: Comment -- do you have a 3 comment? It relates to the signage portion of it. At the 4 moment, Road and Bridge is under a moratorium, not changing 5 names for the time being. The speed limit sign can go up, 6 but everything else can't change until we get everything 7 worked out with 911 and the Post Office, I understand. 8 Which leads to my question; I see Mr. Ballard back in the 9 audience. At what point should we get it on the agenda to 10 get a new procedure set up so we can continue -- I mean get 11 the signage and all that changed? Or are we ready to do 12 that now? 13 MR. BALLARD: Well, we talked about it with 14 Cindy Guerrero and the Commissioners. We've established 15 that and agreed to the procedure. I don't know what more 16 action -- what -- 17 COMMISSIONER LETZ: I guess it sounds, then, 18 that we're able -- at our next meeting, we can put it on the 19 agenda to get it in writing so Road and Bridge knows what to 20 do and when to do it? That's my question. 21 MR. BALLARD: Road and Bridge was there. 22 Buster or Larry, do we need a -- what else do you think we 23 need? 24 COMMISSIONER GRIFFIN: Well, I think what we 25 wanted -- what we talked about was making sure that the Post 52 1 Office has the information. 2 MR. BALLARD: Yeah. 3 COMMISSIONER GRIFFIN: Before we do the sign 4 change. That was -- so that we need some feedback loop from 5 Cindy Guerrero that, indeed, it's in the system. 6 MR. BALLARD: Well, our approach, as we 7 described in the meeting, was to continue on the path that 8 we're going, and as we approach these areas, we coordinate 9 with Ms. Guerrero and she updates her postal charts 10 accordingly. 11 COMMISSIONER GRIFFIN: Right. 12 MR. BALLARD: And we just -- it's a continual 13 process of coordination. However, we weren't going to jump 14 over and do the rural mail route, per se, because that 15 disturbs our procedure. 16 COMMISSIONER GRIFFIN: I think the question 17 is, how do we -- we just need to make sure that we have 18 something set up so that we get feedback from San Antonio, 19 from Cindy Guerrero, that, indeed, it's in the system. Now, 20 have we -- I don't recall if we really discussed that in 21 that meeting. 22 MR. BALLARD: I don't -- I don't think we 23 did. 24 COMMISSIONER BALDWIN: I don't think we 25 decided, but the single item that's been kicked around more 53 1 than anything is this letter from the Post Office and County 2 Judge, both signatures on that. And it's my opinion, like 3 the earlier item here of Michon Drive and Bailey Jo Road, or 4 whatever it was, that now is the time for that letter to go 5 out. 6 COMMISSIONER GRIFFIN: Right. 7 COMMISSIONER BALDWIN: Now that the Post 8 Office has called back said everything's clear and rocking 9 and rolling. 10 MR. BALLARD: That's a demonstration of the 11 procedure as it should work, as you described it before. 12 COMMISSIONER BALDWIN: Yes, sir. 13 MR. BALLARD: As soon as she gets back to you 14 guys, then the co-letter signed by the Judge and by the 15 Postal District can be sent out. 16 COMMISSIONER BALDWIN: And that's what we 17 need to do by court order, is design this letter and 18 authorize this letter thing to go out. 19 COMMISSIONER LETZ: Which will be the trigger 20 to Road and Bridge. 21 COMMISSIONER BALDWIN: That's correct. 22 MR. BALLARD: Yes. 23 COMMISSIONER GRIFFIN: Okay. 24 COMMISSIONER LETZ: You're doing that, 25 Commissioner Baldwin? 54 1 COMMISSIONER BALDWIN: Huh? I can't even 2 spell post office. 3 COMMISSIONER GRIFFIN: We'd have to put that 4 on the next agenda. 5 COMMISSIONER BALDWIN: We have that other 6 letter that Gillespie County uses. 7 MR. BALLARD: Use that as a form, yes. 8 COMMISSIONER WILLIAMS: I just have one 9 question, Commissioner. In your discussions with 10 Ms. Guerrero in San Antonio, has she given you any feel for 11 what the time frame of this process would be? Under normal 12 circumstances. 13 COMMISSIONER GRIFFIN: Once she gets it? 14 COMMISSIONER WILLIAMS: Yeah. 15 COMMISSIONER GRIFFIN: Very quick. 16 MR. BALLARD: When -- 17 COMMISSIONER GRIFFIN: When she gets it, it 18 goes in the system, she says. 19 COMMISSIONER BALDWIN: It took -- it took her 20 a good month, a month and a few days on this one, and this 21 was an emergency and was a small amount. But I think she -- 22 I think she indicated that -- that that's about the time 23 frame. 24 COMMISSIONER LETZ: Okay, good. Thank you. 25 JUDGE HENNEKE: Okay. I think we have a 55 1 motion and a second on the floor. 2 COMMISSIONER BALDWIN: I have another 3 question, Judge, I'm sorry. To Truby, I guess. Yavo Road, 4 there's not a conflict with that name in any way? 5 MS. HARDIN: Yavo? The -- I forgot the name 6 of it; it is just -- Windcrest is just an extension of Yavo 7 at this point. 8 COMMISSIONER BALDWIN: Very good. Thank you. 9 JUDGE HENNEKE: Any other questions or 10 comments? 11 COMMISSIONER GRIFFIN: I would like to make a 12 comment. This was -- in both cases of Reservation Road in 13 the Bivouac Estates Subdivision, that the process really 14 worked right. The public came to us with their concerns, 15 they came to us with their input. We reacted to that. 911 16 was a big help. Everybody jumped in. We came up with 17 something that both the citizens could live with and that 18 fit our guidelines, and it was an excellent -- I think an 19 excellent example of how the system will work. 20 JUDGE HENNEKE: Very good. Any other 21 comments? If not, all in favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: Opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Let's take 56 1 up Item Number 11, if we could, please, gentlemen. Consider 2 and discuss disposition of surplus property. Tommy? 3 MR. TOMLINSON: We have one item that I think 4 you have a note from me about. That's a -- that's a PC that 5 I had a request from -- from Russ Duncan that -- that if we 6 want to sell this, we can sell it to Gillespie County. It's 7 a 1996 PC that's -- that the mother board is -- we're having 8 problems with, and we don't want to put any more money in 9 it. So, we either have a choice of -- of putting it on 10 auction and -- sometime in the future, or selling it to 11 them. 12 COMMISSIONER LETZ: I'd send it up the road 13 to the north. 14 COMMISSIONER BALDWIN: Actually, it goes 15 downstairs. 16 COMMISSIONER LETZ: Well -- 17 (Discussion off the record.) 18 COMMISSIONER LETZ: I make a motion that we 19 surplus the 1996 Gateway 133 and accept Gillespie County's 20 offer of $35. 21 COMMISSIONER GRIFFIN: Second. 22 JUDGE HENNEKE: Motion by Commissioner Letz, 23 second by Commissioner Griffin, that the Court declare as 24 surplus the 1996 Gateway computer and authorize sale of that 25 surplus property to Gillespie County for the sum of $35. 57 1 Any questions or comments? If not, all in favor, raise your 2 right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: Opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. 7 COMMISSIONER BALDWIN: Judge, I'd like to 8 take just a moment and congratulate Tommy, our Auditor, for 9 his recent appointment to the committee. And, Tommy, thank 10 you so much for your service. We appreciate your -- 11 MR. TOMLINSON: Did I miss something? 12 COMMISSIONER BALDWIN: Yes, you did. 13 (Laughter.) 14 JUDGE HENNEKE: I'll explain it to you later. 15 COMMISSIONER BALDWIN: Congratulations, and 16 thank you for your service. 17 COMMISSIONER LETZ: You shouldn't leave. 18 JUDGE HENNEKE: The next item we'll take up 19 is Item Number 14, consider and discuss budget amendment, 20 unfunded State mandate to pay longevity supplements to the 21 198th and 216th Assistant Prosecutors. And you have in your 22 packets the letter from Judge Prohl, as well as the 23 memorandum from Texas District and County Attorneys 24 Association. There's also a companion budget amendment, 25 which is Budget Amendment Number 1. We really don't have 58 1 any choice in this one. 2 MR. TOMLINSON: There is some good news about 3 this. We didn't have to do a budget amendment for -- for 4 Bruce Curry's office. His -- his assistant is paid through 5 the City of Kerrville, through the task force grant. All 6 the County does is reimburse the City. So, Bruce -- the 7 D.A. has enough surplus in his -- in his fund to pay the 8 difference for this year without having to assess the 9 counties any more for -- for this purpose, so there's no 10 need to have a budget amendment for the 216th. 11 JUDGE HENNEKE: That lessens the blow 12 somewhat. 13 MR. TOMLINSON: Yeah. 14 JUDGE HENNEKE: Any questions or comments? 15 COMMISSIONER GRIFFIN: I would just hope that 16 we have -- we should contact our State Representative one 17 more time about unfunded state mandates, and see if at 18 least -- even though this one is not as big as some of them 19 have been, that we probably need to once again voice our 20 concern to the Legislature about laying unfunded mandates on 21 us. 22 COMMISSIONER BALDWIN: So I guess all we do 23 is approve the amendment? 24 COMMISSIONER GRIFFIN: Correct. 25 COMMISSIONER BALDWIN: That's the only thing 59 1 we do? 2 JUDGE HENNEKE: That's correct. 3 COMMISSIONER BALDWIN: I move that we approve 4 Budget Amendment Number 1, moving $1,404 from Contingency to 5 the operating expense of Code 10-445-330. 6 COMMISSIONER GRIFFIN: Second. 7 JUDGE HENNEKE: Motion by Commissioner 8 Baldwin, second by Commissioner Griffin, that the Court 9 approve Budget Amendment Request Number 1 for the 198th 10 District Attorney in the amount of $1,404. Any other 11 questions or comments? If not, all in favor, raise your 12 right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. At this 17 time, it appears we have successfully completed the agenda, 18 with the exception of the presentation of landowners' signs 19 by George Holekamp and the public hearing scheduled for 20 10:30 on the abandoning Gulch Ranch Road. So, I'm going to 21 suggest at this time that we take a break and be back 22 promptly at 10:30. 23 COMMISSIONER LETZ: Raffle tickets are right 24 here. 25 (Recess taken from 10:15 a.m. to 10:30 a.m.) - - - - - - - - - - 60 1 JUDGE HENNEKE: We will reconvene this 2 meeting of the Kerr County Commissioners Court, and promptly 3 recess for purposes of conducting a public hearing on the 4 abandonment, discontinuation, and vacation of Gulch Ranch 5 Road, parentheses, South Park, close parentheses, in 6 Guadalupe Ranch Estates in Precinct 4. 7 (The regular Commissioners Court meeting was closed at 10:30 a.m., and a public hearing 8 was held in open court, as follows:) 9 P U B L I C H E A R I N G 10 JUDGE HENNEKE: Is there any member of the 11 public who would like to address the Court on the issue of 12 abandoning, vacating, and discontinuing Gulch Ranch Road, 13 formerly a portion of South Park Road, as provided by the 14 Texas Transportation Code? Come forward, sir. Identify 15 yourself. 16 MR. SLEYKO: Yes, Your Honor. My name is Joe 17 Sleyko, and I represent the Guadalupe Ranch Estates property 18 organization, and I am their president. And we held a 19 meeting Friday -- pardon me, last Saturday concerning this 20 proposal, and I want to represent the board as being 21 unanimously against this. And we think it would be a 22 detriment to our -- our neighborhood. And I just want to 23 call attention to -- would everybody stand up from Guadalupe 24 Ranch Estates? 25 (Several audience members stood up.) 61 1 MR. SLEYKO: I just want to identify them as 2 interested parties, property owners of Guadalupe Ranch 3 Estates that have come to accompany me to -- to protest 4 this. We're quite shocked at this whole thing, and we 5 would -- we would like to really unanimously protest this. 6 JUDGE HENNEKE: Okay. Anyone have any 7 questions or comments? 8 COMMISSIONER GRIFFIN: A comment, that I did 9 meet with the board on Saturday, and there was a lot of 10 discussion about the utility of the road from several points 11 of view. And -- and the board was definitely unanimous that 12 they did not want to abandon, discontinue, or vacate. 13 Thanks, gentlemen. 14 JUDGE HENNEKE: Thank you. 15 MR. SLEYKO: Thank you. 16 JUDGE HENNEKE: Is there anyone else who'd 17 like to address the Court during this public meeting on the 18 issue of vacating, abandoning, and discontinuing Gulch Road? 19 Come forward, sir, and identify yourself, if you would. 20 MR. BELMONT: My name is R. B. Belmont. I'm 21 a property owner, Lot 227, and I'd like to point out that 22 the advantage to be gained by keeping this road open would 23 be that the County and the Hunt School District and the 24 homeowners property association would gain by keeping this 25 open. At the present time, Ms. Hightower and her heirs own 62 1 Lot 202, 203, and 204. Now, if you close that road, there 2 would be no access to those four lots, and I'm sorry, but 3 I -- my plot is an old one, but between South and North Park 4 Road, I believe there is three lots in that area there. 5 Now, of course, they could have access by building a long 6 road into their property from North Park Road, but the -- 7 these lots I mentioned first, 202 through 204, would be no 8 access at all. And if Ms. Hightower or her heirs wanted to 9 sell this property, they would gain by selling the 10 individual lots, which they couldn't sell otherwise. Also, 11 it would benefit Kerr County for their taxes when these lots 12 are developed, and the Hunt School District. And that is my 13 point, is that we all would be -- could be victims of a -- 14 of a loss of -- of revenue on your taxes and so forth, and 15 the homeowners association dues. And I just wanted to point 16 that out, that that is my reason for objecting to closing -- 17 now, isn't this -- South Park Road, isn't that a designated 18 road that the County has already signed off that they -- 19 like the rest of the roads out there, that they have agreed 20 to maintain? See, they came out and -- and improved the 21 roads and then they paved the roads, except for South Park 22 Road. They did not do -- well, they did put some gravel and 23 some fill in there, but they did not pave it. 24 JUDGE HENNEKE: It is apparently a 25 County-maintained road; however, there is a procedure under 63 1 the Transportation Code where that road can be abandoned, 2 dropped as a public road, and the county maintenance ceases, 3 and that's the procedure we're undergoing now, which was 4 initiated by the owners of the property who are serviced by 5 that -- by the road to be abandoned. 6 MR. BELMONT: Well, there's another thing, 7 too. Anybody that lives south -- all of us that live south 8 of the South Park Road, which is Fallow Run, that goes all 9 the way around, makes the loop in Cherry Springs back to 10 1340 on the east, use that road because our garbage dump is 11 down in the park. We have two garbage containers that they 12 pick up garbage twice a week, and that's the nearest way. 13 We just, force of habit, cut through there to take our 14 garbage. Of course, it wouldn't be far to drive on up to 15 North Park Road and come down that, but it is convenient. 16 That's my point. Thank you. 17 JUDGE HENNEKE: Thank you, sir. Is there any 18 other citizen who would like to address the Court during 19 this public hearing on the issue of abandoning, vacating, 20 and discontinuing Gulch Road? Yes, sir? 21 MR. SLEYKO: May I make one more comment? 22 JUDGE HENNEKE: Come forward and do so. 23 MR. SLEYKO: Mr. Belmont made mention of the 24 garbage containers, our dumpsters down there. One thing 25 that I didn't bring up, because I wanted really to keep it 64 1 brief -- I have a whole list of reasons, but one of the main 2 reasons is that at the bottom of that hill, where the trash 3 containers that Mr. Belmont referred to, is our firehouse. 4 And, actually, that's a main -- that's a main artery for our 5 firehouse, and I want to let you know that. 6 JUDGE HENNEKE: Okay, thank you. 7 MR. SLEYKO: Thank you. 8 JUDGE HENNEKE: Yes, sir? Did you have a 9 comment? 10 AUDIENCE: That's the point I wanted to make. 11 JUDGE HENNEKE: All right. Does anyone else 12 have any comments they'd like to make during this public 13 hearing? Going once. Going twice. Once again, are there 14 any other citizens who'd like to address the Court during 15 this public hearing on the abandoning, discontinuing, and 16 vacating of Gulch Ranch Road? If not, we'll close the 17 public hearing and reconvene the Kerr County Commissioners 18 Court meeting. 19 (The public hearing was concluded at 10:38 a.m., and the regular Commissioners Court 20 meeting was reopened.) 21 - - - - - - - - - - 22 JUDGE HENNEKE: The next item listed on the 23 agenda for consideration is to consider and discuss the 24 abandoning, vacating, and discontinuing of Gulch Road. 25 Commissioner Griffin, this is in your precinct. Do you want 65 1 to kick this one off? 2 COMMISSIONER GRIFFIN: I think the issue is 3 clear here, and that this -- this agenda item should die for 4 lack of a motion. If there is further interest downstream 5 of those property owners that are affected on that road of 6 trying for an abandonment, then they need to go get not just 7 their two affidavits that we have, but they would have to 8 get 75 percent of the owners in the subdivision, since this 9 is a platted subdivision, to agree to that. That should 10 have happened in this go-around. So, I really think that we 11 need to pull Item 2.9, not even address it, because there's 12 -- it really not would not be appropriate to do this with 13 just these two affidavits, and I think the issue is dead. 14 COMMISSIONER BALDWIN: Question, 15 Commissioner. Isn't this similar to one up in -- closer to 16 Hunt -- Japonica Hills? 17 COMMISSIONER GRIFFIN: Japonica Hills. 18 COMMISSIONER BALDWIN: When we did that, they 19 had to get the signatures. 20 COMMISSIONER GRIFFIN: Mr. Don Townsend, who 21 was the property owner -- they had some unimproved, platted 22 roads that they wanted to officially abandon, and they had 23 to go get affidavits from all their property owners, and it 24 took them months to do it because some of them were absentee 25 and they had to chase them down all over the U.S. and 66 1 abroad, I think. So, it's a very -- and then we had to have 2 a public hearing, and then we had to have a vote on it. But 3 as long as it's a platted subdivision, there is use for the 4 road, which is obviously indicated by the board and their 5 residents, that I would never be in favor of -- of vacating, 6 abandoning, and discontinuing. 7 JUDGE HENNEKE: Any other questions or 8 comments? If not, it appears to me that the sense of the 9 Court is to take no action on this item at this time. 10 Failing a motion, we'll move on to recessing until 11 2 o'clock, at which time we have scheduled the evaluations 12 of the nonelected department heads and direct hires by the 13 Commissioners Court. So, we stand in recess until 14 2 o'clock. Thank you all for coming. 15 (Recess taken from 10:44 a.m. to 2:00 p.m.) 16 - - - - - - - - - - 17 JUDGE HENNEKE: It's 2 o'clock in the 18 afternoon. We'll reconvene this regular session of the Kerr 19 County Commissioners Court. The agenda item for 2 o'clock 20 is to conduct reviews of performance evaluations with the 21 department heads and other employees that are elected 22 directly by the -- or hired directly by the Commissioners 23 Court. These reviews will be conducted in Executive Session 24 unless the employee chooses to have the session conducted in 25 open session. Mr. Duncan has requested that his review be 67 1 conducted in open session. Is there anyone else who'd like 2 to have their review conducted in open session? Ms. Sovil. 3 Mr. North. Anybody else? Okay. Well we'll do the open 4 session first, and then we'll go into Executive Session and 5 conduct the other reviews. So, let's start with Mr. Duncan. 6 Have a seat, Russ. The purpose of these evaluations, 7 really, is not -- first of all, is, you know, so that the 8 department head can get the sense of the Court as to the 9 kind of job we're doing and if there's any unmet 10 expectations, but also for us to hear from you all how we 11 can better serve you all in serving the citizens of Kerr 12 County. And I think it's important that we approach this 13 process as a dialogue, as opposed to a monologue. So, never 14 having done this before, either this Court or myself, we'll 15 kind of stumble through it, but I think we'll make out all 16 right in the end. 17 COMMISSIONER LETZ: Before you start, can I 18 make kind of a general comment? 'Cause a lot of people are 19 here. 20 JUDGE HENNEKE: Sure. 21 COMMISSIONER LETZ: Just -- it's something 22 that, you know -- I don't know, a little bit on the format 23 that I think we decided to use. I think that the whole 24 Court thinks it's good to get feedback from those that 25 report straight to the Court, but I don't think we're -- 68 1 it's unclear the best way, necessarily, to do this. 2 Because, essentially, each of you have five bosses, but we 3 can only act together as a court, so it's kind of -- it's a 4 very strange situation in the fact that, you know, I may 5 want Leonard to do one thing and Larry may want him to do 6 something else; I mean, put Leonard in kind of an awkward 7 situation where he has two people kind of telling him what 8 to do, and he doesn't work for either one of them 9 individually. So, it's a difficult situation. 10 So, to me, the -- the purpose of this is 11 really just to get a little feedback, like the Judge 12 mentioned, back and forth, much more than necessarily a 13 performance review. Maybe get down the road so that, you 14 know, if there are expectations that aren't being met, you 15 know, the employees understand that. And if there's, you 16 know, things that we're doing that the department heads and 17 other employees find uncomfortable or don't like or 18 whatever, they can give the whole Court, as a whole, 19 feedback. Personally, I think everyone, you know, -- well, 20 some of them I didn't think really worked for the Court, so 21 I didn't fill them out, and some of them that I thought did 22 work for the Court aren't on the list, so it's a little bit 23 strange right in this area, anyway. I think Russ is one 24 that I didn't really think he worked for the Court directly, 25 but after thinking about it, I would say you probably do. 69 1 But I probably am not going -- I will have very few 2 comments, because I think it's -- in my opinion, I'd rather 3 make my comments one-on-one. Y'all have -- you know, that 4 received an evaluation from me, you saw mine. If y'all have 5 any questions, you know, you're -- feel free to come to me 6 one-on-one. So, to me, really, this process is much more to 7 get that feedback coming back from you all, as opposed to me 8 giving feedback to you, 'cause I've already given you one. 9 If there's any questions, I would hope y'all feel free to 10 come to me and let's talk about it. 11 COMMISSIONER GRIFFIN: If I could just add to 12 that? 13 JUDGE HENNEKE: Sure. 14 COMMISSIONER GRIFFIN: And I echo everything 15 Jonathan just said about the purpose of this and how it can 16 be most beneficial to all of us. Another thing, as we go 17 through this, I would like to hear -- and I'm sure everybody 18 else on the Court would like to hear, are what are ways that 19 you may have in mind that we could communicate better to 20 employees, to employees that work directly for the Court? 21 Is there a better way of doing business that maybe we 22 haven't tried? And I'm talking about, for example, would it 23 be -- would it be better to have written -- more written, 24 less verbal, or would it be easier for you to, say, pick up 25 the phone and just call me? You know, sort of the 70 1 trade-offs that are being -- that are possible there. I'd 2 like to hear, you know, what works best for you in your area 3 and that sort of thing. So that the idea of how we can 4 communicate better with our -- with our supervisory 5 employees, I think, is another big topic I'd like to hear 6 feedback on. 7 COMMISSIONER BALDWIN: I want to also echo 8 everything that's been said down there. I think that we all 9 probably, each one of us, has some discomfort in what's 10 going on, because this field hasn't been plowed before. But 11 I think my dis -- one of my discomforts is that it's -- it's 12 political season, and I'm just a little bit uncomfortable of 13 that, just the -- what it might look like. But I'm 14 certainly willing to go through the process, and I think 15 it's going to be a good, healthy process. I agree with 16 Commissioner Letz that Mr. Duncan is an example. I never 17 have viewed him as a Commissioners Court employee because 18 that never was really established, in my opinion. You know, 19 I just -- I thought he worked for the good Judge down the 20 hall. I've always just kind of viewed it that way, although 21 we work together very closely, and have, and will continue 22 to do so. So, that's -- you know, those are my concerns. 23 Minor concerns, but I think that if we go through the 24 process, I think it will end up being healthy. 25 JUDGE HENNEKE: Bill? 71 1 COMMISSIONER WILLIAMS: I have no comments. 2 JUDGE HENNEKE: Okay. My fault, I did omit 3 two employees; Kathy Banik, our court reporter, and Shaun 4 Branham, the computer information specialist. It was my 5 error. We'll -- we'll recycle around and pick those up as 6 we go on down the road. I think what I'd -- the format I'd 7 like to suggest for these is, each of the persons being 8 reviewed has a copy of our individual reviews. What I'd 9 like to do is, I think, to ask the individual being reviewed 10 if they have any questions about the reviews they've 11 received. After we respond to any questions, then give the 12 Commissioners a chance to make any comments, and then get 13 some feedback from the person being reviewed. If we could 14 just follow -- kind of follow that format for everyone, that 15 will allow the process and framework for moving forward. 16 Anybody have any comments on that? 17 COMMISSIONER GRIFFIN: Sounds good. 18 JUDGE HENNEKE: Okay. Well, you're the 19 guinea pig, Russ. 20 MR. DUNCAN: Well, see, I wish I only worked 21 for the five of y'all, because it wouldn't be so bad, but 22 I've got two district judges, County Court at Law judge, you 23 as juvenile judge, a District Clerk, County Clerk, County 24 Attorney, two District Attorneys who I all have to kind of 25 work for and with and report to, and keep them all happy. 72 1 And that's part of my job. And, as far as my evaluations 2 go, I -- I concur with what I got and the way I got it and 3 the numbers I got. Because what we do in my operation is -- 4 we probably are tougher evaluators, because whenever we have 5 to issue a capias, provide a warrant, we look at that as a 6 failure, because we have to put somebody in jail rather than 7 collect the money. So, we look at ourselves. "Okay, what 8 did we do in this case that we shouldn't have done? Or what 9 didn't we do that we should have done?" So, we kind of do a 10 self-evaluation in our program. And, let's face it, our 11 goal is to collect dollars for the county. 12 Now, besides that, I run around the state and 13 do other things. I teach for the Texas Municipal Court 14 Education Center, and I do stuff for the Office of Court 15 Administration, and here and there and everywhere as 16 president of the Government Collectors Association. But, 17 really, we do -- we evaluate what we do, and I guess the 18 biggest evaluation I look at in my department is how well we 19 get along with the courts and how long -- how well we get 20 along with the clerks, and we don't get any complaints. As 21 far as the defendants go, they're never happy with us 22 because we tell them, "You've got to pay the money," and 23 their evaluation doesn't count. So -- but, like I say, our 24 self-evaluations of what we do and how we do it are very 25 important to us, and we look at our dollars. And when we 73 1 see our dollars falling -- like, over Christmas every year 2 we face the same thing. People don't pay; there's Christmas 3 here. And we look at that and go, "Well, how do we get 4 around that?" So, what we did this year was we just took 5 the payments from about the 15th of December and moved them 6 to the 15th of January. And, guess what? Our stats went 7 up. 8 You know, but the workload -- the workload in 9 the Collections Department has gone up in the last few 10 months by about 30 percent, and that's true in the courts 11 and that's true everywhere else. Everything's going up by 12 about 30 percent. And, very frankly, we're running to catch 13 up and to stay up. And we feel good about ourselves, you 14 know. We feel good about the money and we feel good about 15 how we do it. And we're always looking for -- every time I 16 go teach somewhere, what I always find out is it's an 17 education, because I bring back as much information as I 18 took. And we're always saying, Wait a minute, we can change 19 this application. We can change this application to read in 20 English and Spanish. So, we're -- so that will help us with 21 that issue. And we're always modifying what we're doing. 22 If we find the right way, then I'll let you know, but so far 23 we haven't found the perfect way. 24 And, that's really my comments. But, like I 25 say, I wish I just worked for the five of you. And I -- and 74 1 the bottom line is, I work for a bigger group, and I feel 2 like I really am responsible to the citizens of Kerr County, 3 because, see, what I'm dealing with is tax money. It's 4 money that should be recovered that has -- in the past has 5 not been recovered, and that is a big thing to me. I feel 6 very responsible for that. That's my comment. 7 JUDGE HENNEKE: Does anyone have any specific 8 comments for Russ? 9 COMMISSIONER WILLIAMS: None at all. 10 COMMISSIONER GRIFFIN: The results speak for 11 themselves. 12 COMMISSIONER WILLIAMS: They do. 13 MR. DUNCAN: Money comes in -- I forgot, I 14 have to keep the Auditor happy too. I can't forget Tommy. 15 JUDGE HENNEKE: Anything you want to offer to 16 us as far as improvements? As far as feedback -- 17 MR. DUNCAN: No. All I ask -- 18 JUDGE HENNEKE: -- to the report you got from 19 the Court? 20 MR. DUNCAN: You know if I have a problem, 21 I'll come to the Court, like I try to keep you informed. 22 And I work with Buster a lot, because on the statewide 23 things, I know Buster's been involved with TAC and 24 everything else. And we've recently been accepted as 25 associate members of TAC, as far as Government Collectors 75 1 Association. And, like, next Thursday I've got to be in 2 Austin, because Judge Ables wants me to go with him to the 3 Senate Judiciary Committee hearings on collections of fines 4 and court costs. And, so -- but I kind of keep 5 everything -- if I've got something new, I come in to you, 6 if I'm going to be somewhere. And I think that 7 communications just needs to be kept open. I don't -- if 8 somebody hears something or sees something that they don't 9 agree with, stop right then, pick up the phone and call me, 10 get me up in your office and tell me. Or if you know 11 something, give me -- tell me, because I have not got tea 12 leaves down in my office; I can't read them. So, you know, 13 communication -- and let me tell you, I think everything you 14 do, having been a chief of police and being in 15 administration, communication is the secret. If you -- if 16 you don't tell somebody what's wrong, they sure as hell 17 can't correct it. So, that's -- and if I have a complaint 18 with y'all, I'm going to do the same thing; I'm going to 19 come to you and say, "Hey, guys, you're not giving me the 20 support I need in order the get this money." And so far, I 21 haven't had to do that. 22 JUDGE HENNEKE: Okay. 23 COMMISSIONER BALDWIN: Get out of here and 24 leave us alone. 25 MR. DUNCAN: And you notice, it was kind. 76 1 JUDGE HENNEKE: Ed? Ed North. 2 MR. NORTH: Thank you. 3 JUDGE HENNEKE: Solid Waste. 4 MR. NORTH: No -- am I solid waste, Judge? 5 JUDGE HENNEKE: You're not solid waste. 6 MR. NORTH: God, I'm happy with my 7 evaluation. I think you're probably kinder to me than I 8 deserve. I'm trying, you understand, to -- it's my first 9 year on the job, and right in the middle of my first year, 10 they changed all the laws, and what used to be a Class C 11 misdemeanor offense is now all the way up to a felony grade 12 offense. There are some offenses now, environmental 13 offenses, where people are facing 15 years in prison. 14 Substantially a more serious -- you know, dumping oil on 15 your fence line, Buster. You can't do that any more; 15 16 years in prison. 17 (Laughter.) 18 MR. NORTH: We have the problem with Highway 19 41; we're still going to have a problem off that. Like I 20 told Glenn, with the new laws, anything over 5 pounds they 21 drop there, I can't write a ticket for; I have to put them 22 in jail. I know the Commissioners are not going to be happy 23 if I bring busloads of people in on the weekend and shut 24 them in jail, losing all this money, so I'm trying to 25 balance that out with -- with signs, a little bit of 77 1 enforcement. Some -- I've issued some citations, and we've 2 had -- you know, we've had several court cases starting -- 3 court cases starting to come up. Went to court this morning 4 on a guy, have another one at the end of this month, have 5 one the first of February, so we're starting to roll with 6 it. Maybe we'll get some attention; maybe we'll get some 7 fine money coming in. 8 Went to an AACOG meeting there in San Antonio 9 last week. They're probably not going to fund us any more, 10 my salary, but they did say they would probably fund some 11 equipment for us. And, so, I've got a package -- bid 12 package or an application to send to them through Glenn 13 for -- maybe for a new computer and some things like that. 14 But, otherwise, I'm happy, and if you're happy, I'm happy, 15 and I appreciate the good comments I got. 16 COMMISSIONER GRIFFIN: I have a question for 17 you. 18 MR. NORTH: Yes, sir? 19 COMMISSIONER GRIFFIN: If -- 'cause this has 20 happened several times, where constituents have reported to 21 me that someone has dumped trash somewhere. If there is 22 something that's in the trash that could identify where that 23 came from, can you act on that? 24 MR. NORTH: Yes, sir, I can. What I've been 25 doing, I've been just mailing them a citation. Problem with 78 1 that is, when you go to court, all they got to say is, "How 2 do you know that was me that dropped it?" I can't prove it; 3 it did not happen in my presence. 4 COMMISSIONER GRIFFIN: Right. That was my 5 question. Do you have -- 6 MR. NORTH: The judge has to throw it out. 7 COMMISSIONER GRIFFIN: Right. 8 COMMISSIONER WILLIAMS: Didn't we acquire an 9 infrared camera for use in this -- for this purpose? 10 MR. NORTH: We have a camera. 11 COMMISSIONER WILLIAMS: Have we ever -- 12 MR. NORTH: Surveillance camera. It cost 13 $6,000; I'm a little afraid to take it out there and leave 14 it. I don't want to be responsible for that. I don't -- I 15 don't have $6,000, guys. 16 COMMISSIONER WILLIAMS: Particularly on C. P. 17 River Road, huh? 18 MR. NORTH: Yeah. Biggest problem right now 19 is Highway 41, and it's really more of a problem to the guy 20 that underbid the contract than it is to us. That's whose 21 problem it is. It's $70,000 a year to clean it up. I'll 22 take the job for $70,000 a year. 23 COMMISSIONER GRIFFIN: Yeah. 24 MR. NORTH: I go out there every Sunday and 25 check on it, and it's been a lot better since the Highway 79 1 Department -- we got some new signs put up. Now it says, 2 "This area under surveillance." It's five years in prison 3 if you -- for illegal dumping. And, once again, like I say, 4 I just don't think it's a good idea to set on it out there 5 and arrest people for throwing garbage out, because you're 6 going to have to put them in jail, and Sheriff Hierholzer's 7 not going to like that, and I know you -- my bosses are not 8 going to like that. So, we can only -- we have to balance 9 out enforcement with common sense. I'm trying to, anyway. 10 But, hopefully we can hit a happy medium here. Buster's got 11 a problem out here in his precinct; I know we've been 12 working on it for a long time now. We finally got the guy 13 arrested, put him in jail. His case has not come up yet, 14 but he calls me every day begging me to drop the charges. 15 I'm not going to do that. And then I find out he's got 16 another place down in Precinct 2 that I found belongs to 17 him. I know Commissioner Williams will be calling me about 18 once a day like Buster. 19 COMMISSIONER WILLIAMS: Not once a day, once 20 a week. 21 MR. NORTH: This guy is just a deadbeat, but 22 we're getting him in court, and the judges have been working 23 with him. We've had to educate everybody on new laws. And, 24 what the judges have been doing so far, they've -- the 25 fine's been normally a $100 fine up front, and $100 a day 80 1 every day the violation continues. That's been getting 2 their attention real well. I believe we're -- we're not up 3 to speed, but we're getting there. 4 COMMISSIONER WILLIAMS: That's good. 5 JUDGE HENNEKE: Anyone else? 6 COMMISSIONER BALDWIN: You have my permission 7 to put him in jail. 8 MR. NORTH: Every chance I get. 9 COMMISSIONER BALDWIN: Every chance you get. 10 We'll talk to Sheriff Hierholzer about that. But let me ask 11 you, do you have -- is there plenty of work out there for 12 you? 13 MR. NORTH: There's 1,100 square miles, and 14 there's some sites that are -- that are career -- Westwood 15 Oaks Trailer Park is a career site. 16 COMMISSIONER BALDWIN: Fourth generation. 17 MR. NORTH: Center Point. Ingram. I don't 18 worry about Ingram; it's a city. 19 COMMISSIONER WILLIAMS: Whatever happened to 20 that one on Elm Pass 2? 21 MR. NORTH: I sent him a registered letter. 22 He refused the letter. I sent him another letter under 23 plain cover. I have not received it back, but I understand 24 he's working offshore. On Center -- on San Antonio Street, 25 where the dual house is, that belonged to a man who passed 81 1 away. That probably was in probate. I talked to his 2 family; now they've started to clean it up a little bit. 3 Still bad, but they've started to clean it up. The guy that 4 had 2 tons of shingles parked in front of his house, some 5 guy had moved into his house, and moved -- just moved into 6 it, just squatted there. The guy that owned the house 7 didn't realize that the guy didn't have any right to be 8 there. And he was a roofer, and he piled up all these 9 shingles. When he got a letter from me, he had to throw the 10 guy out. Now he's got -- he's got shingles stacked probably 11 as high as this roof of this building. Little bit of 12 household garbage; they threw it out the back door. He's 13 trying to clean it. The one on the -- next to waterworks 14 you told me about, I wrote those people a letter. They got 15 front yard cleaned up. Back yard's still bad, so I'm 16 waiting on that. That's about the worst sites besides Elm 17 Pass. And I understand he works offshore, so I'm trying to 18 get -- by law, you have to notify them, then you have to 19 give them 30 days before you can abate -- or enforce the 20 law. You have to give them 30 days. They have to -- that's 21 by law, 345.011 of the penal -- of the Health and Safety 22 Code. 23 COMMISSIONER BALDWIN: Eddie, when is that 24 grant up? 25 COMMISSIONER WILLIAMS: Couple months? 82 1 MR. NORTH: Just about now, I think. 2 COMMISSIONER BALDWIN: When is your salary 3 up? 4 MR. NORTH: I don't know, Buster, to tell you 5 the truth. 6 JUDGE HENNEKE: Glenn, do you know the 7 answer? 8 MR. HOLEKAMP: What was that? 9 COMMISSIONER BALDWIN: When is the grant -- 10 his salary grant up? 11 MR. HOLEKAMP: It is already. The budget 12 took it up this year. 13 COMMISSIONER BALDWIN: Okay. 14 MR. HOLEKAMP: But we're applying -- we're -- 15 we are going to apply here in February for some other 16 grant -- for the grant again, but to -- to a limited extent, 17 because the perimeters have changed. 18 JUDGE HENNEKE: Anybody else have any 19 comments for Mr. North? Eddie, anything else you want to -- 20 MR. NORTH: Only question Kara had for you 21 would be if you want to appoint somebody to the U.G.R.A. 22 Board. She wanted to know if you appointed me; I said no. 23 She said she would call you. 24 COMMISSIONER WILLIAMS: U.G.R.A. Board? 25 MR. NORTH: Excuse me, the AACOG Board. Too 83 1 many acronyms here going. I can't -- 2 COMMISSIONER BALDWIN: Did you say no? 3 MR. NORTH: Pardon me? 4 COMMISSIONER BALDWIN: Did you say no to the 5 appointment? 6 MR. NORTH: I just told them I didn't -- I 7 don't play well with others and I run with scissors. 8 (Laughter.) 9 JUDGE HENNEKE: Okay. All right. Thanks, 10 Eddie. We appreciate your time. 11 MR. NORTH: Yes, sir. 12 JUDGE HENNEKE: Here, take your -- Eddie? 13 MR. NORTH: Sir? I thought you wanted to 14 keep them. 15 JUDGE HENNEKE: We've got some. 16 MR. NORTH: I made a copy for my file. These 17 are yours. Thank you, gentlemen. 18 JUDGE HENNEKE: Thank you. Ms. Sovil wanted 19 to be in public session, too. 20 MS. SOVIL: Yes, sir. I have responded with 21 a little written statement. There was -- I requested this 22 to be open because there were two really bad reports, two 23 bad evaluations, and three medium-to-good. And I prefer to 24 have some direction from the Court, which I have never 25 received. And the Judge and I had this conversation on 84 1 Friday, that we -- I have never received direction from this 2 Court as to what the job expectation is. All I have to go 3 on is a job description. My perception of the job 4 description and your perception of the job description are 5 two entirely different things, apparently. So, it's been 6 mentioned already, communication. I'm in a different 7 situation than these two gentlemen before me. They're 8 department heads. I work as an employee. 9 I looked at the job descriptions, and you'll 10 notice in the -- there's a spreadsheet in here, and only two 11 of you checked yes, that you even looked at my job 12 description. So, I question, how can you evaluate something 13 if you don't know what my job description is? And you 14 haven't told me what your expectations are. I feel that -- 15 I think you should read the written explanation in my 16 response. I'd appreciate if somebody is dissatisfied with 17 my performance, that they have the courtesy to come tell me 18 they're dissatisfied. Tell me how I can rectify the 19 situation. Don't wait three or four months down the line, 20 whisper behind my back or do whatever, and not tell me about 21 it. I can't change a situation if I don't know about it. 22 So, I'm asking for direction from this Court. 23 COMMISSIONER WILLIAMS: Well, I'd like to 24 start with a comment. In light of the fact that Ms. Sovil 25 is a declared candidate for the commissioner's spot in 85 1 Precinct 2 in the Republican primary, it would be unethical 2 for me to make any comments about your performance in the 3 public, notwithstanding the fact you've asked for this 4 public hearing. And I filled out a confidential survey 5 depicting what I believe to be your performance. You have 6 chosen to make it public, but that's your business. 7 MS. SOVIL: Yes, sir, I have that choice. 8 COMMISSIONER WILLIAMS: Right. 9 MS. SOVIL: But I still need to know where 10 you're coming from on your evaluations, what your 11 expectations are. 12 COMMISSIONER WILLIAMS: My only comment in 13 response to that is, the numbers on the evaluation form 14 speak for themselves. 15 MS. SOVIL: Okay. 16 JUDGE HENNEKE: Does anyone else have any 17 specific comments? 18 COMMISSIONER LETZ: Only comment I have is 19 I've discussed with Thea my evaluation one-on-one, which I 20 will do with any other employee if they so choose. 21 JUDGE HENNEKE: Okay. Anything else? 22 COMMISSIONER GRIFFIN: I don't have anything, 23 other than -- than I agree that you got a -- you got to hear 24 what the criticism is and what would make it work better, 25 and I don't have any problem doing that. 86 1 MS. SOVIL: Communication is the key. But I 2 have to add that since being asked to resign, or 3 suggested -- let me -- let me rephrase that. It was 4 suggested that I consider resigning because I was a 5 candidate for office. I think that's wrong. 6 JUDGE HENNEKE: Are you saying that I 7 suggested you resign? 8 MS. SOVIL: Yes, sir. 9 JUDGE HENNEKE: That is distinctly different 10 than my recollection. 11 MS. SOVIL: Okay. 12 JUDGE HENNEKE: The word "resign" never came 13 out of my mouth. The conversation we had back in August? 14 MS. SOVIL: Mm-hmm. 15 JUDGE HENNEKE: I asked you how things were 16 going to be different since you were an announced candidate, 17 and you said you didn't think they were going to be 18 different at all. 19 MS. SOVIL: That's correct. 20 JUDGE HENNEKE: I said, "Well, that's fine, 21 but just remember that as an employee, you are not able to 22 use county facilities as part of your campaign." And you 23 said that you didn't think that was proper, and I said, 24 well, that's -- if you'll remember when people ran for 25 election last time around, I sent out a memo to people 87 1 saying, "Remember that you can't use county facilities as 2 part of your election campaign." I did not ask you to 3 resign. I did not suggest that you resign. You put in the 4 public comments that I did. 5 MS. SOVIL: Yes, sir. 6 JUDGE HENNEKE: My recollection is -- 7 MS. SOVIL: That's my recollection. 8 JUDGE HENNEKE: My recollection is that you 9 are in error on that. 10 MS. SOVIL: Okay. But that's my recollection 11 of it. And that's your recollection of it. 12 JUDGE HENNEKE: That's right. 13 MS. SOVIL: So, it was a conversation between 14 the two of us, and ne'er the two will meet at this point. 15 JUDGE HENNEKE: Probably so. 16 MS. SOVIL: But, you know, I feel like it is 17 political. And it should -- maybe should have been done 18 before or afterwards. But, during it, and especially after 19 my announcement came out, I -- I have a problem with it. 20 JUDGE HENNEKE: Well, until your announcement 21 came out, no one knew you were a candidate. 22 MS. SOVIL: Yes, sir, you did. You knew it 23 in August. 24 JUDGE HENNEKE: This was in August that this 25 conversation took place. 88 1 MS. SOVIL: No, I'm talking about the 2 evaluations. 3 JUDGE HENNEKE: Oh. Well, okay. You changed 4 gears on me. 5 MS. SOVIL: I'm sorry. 6 JUDGE HENNEKE: That's your prerogative. I 7 agree with you that communication is the key, and I will 8 stand up in front of everyone and say that I probably have 9 not held up my end of the communication. That's my failing. 10 We had a conversation about that on Friday. I've committed 11 to you I will do a better job of communicating, and I will. 12 MS. SOVIL: Well, I think we had the first 13 good conversation we've ever had -- 14 JUDGE HENNEKE: Probably so. 15 MS. SOVIL: -- in two years, was Friday. And 16 it was after we got through yelling at each other. 17 JUDGE HENNEKE: Sometimes that's necessary in 18 order to get the juices going. 19 MS. SOVIL: But we did -- I mean, it came out 20 that both of us are not communicating. We have to 21 communicate as a body. I have to have direction from this 22 Court as a body. What -- there's an evaluation on the sheet 23 that says office policy, and policy -- did not follow office 24 policy. We don't have any office policy. 25 JUDGE HENNEKE: Okay. 89 1 MS. SOVIL: So, you know, I question some of 2 the -- some of you left some of it blank. Not much, but I 3 wanted the public to know I believe in this, and this is my 4 response. 5 JUDGE HENNEKE: Okay. 6 MS. SOVIL: So I'm asking for direction from 7 this Court. 8 JUDGE HENNEKE: Any other questions or 9 comments? 10 COMMISSIONER GRIFFIN: No. 11 JUDGE HENNEKE: Okay. Thank you. 12 MS. SOVIL: Thank you. 13 JUDGE HENNEKE: We'll now -- the Court will 14 now go into Executive Session to conduct the rest of the 15 evaluations that are scheduled for today. I think we'll 16 take them in order. We'll take -- we'll do Leonard's and 17 then Franklin's and then Marc's and then Glenn's. So, 18 Leonard and Marc and Glenn -- I mean Franklin and Marc and 19 Glenn, unfortunately, we have to ask you guys to kind of 20 hang loose out here. As you can see, this probably won't 21 take a whole long time, but if everyone else who's not 22 required would please vacate the room, I'd appreciate it. 23 (The open session was closed at 2:28 p.m., and an Executive Session was held, the 24 transcript of which is contained in a separate document.) 25 - - - - - - - - - - 90 1 JUDGE HENNEKE: Court will now go back into 2 open session, having completed the Executive Session. Is 3 there any action necessary? Seeing none, unless there is 4 any further business, we stand adjourned. 5 (Commissioners Court adjourned at 3:34 p.m.) 6 - - - - - - - - - - 7 8 STATE OF TEXAS | 9 COUNTY OF KERR | 10 The above and foregoing is a true and complete 11 transcription of my stenotype notes taken in my capacity as 12 County Clerk of the Commissioners Court of Kerr County, 13 Texas, at the time and place heretofore set forth. 14 DATED at Kerrville, Texas, this 17th day of January, 15 2002. 16 17 18 JANNETT PIEPER, Kerr County Clerk 19 BY: _________________________________ Kathy Banik, Deputy County Clerk 20 Certified Shorthand Reporter 21 22 23 24 25