1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, March 11, 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 March 11, 2002 2 PAGE --- Commissioners Comments 3 3 1.1 Pay Bills 6 1.2 Budget Amendments 6 4 1.3 Late Bills 12 1.4 Read and Approve Minutes 13 5 1.5 Approve and Accept Monthly Reports 13 6 2.1 Introduce John Mullins, County's new appointment to Butt-Holdsworth Library Advisory Board 14 7 2.14 Consider charging handling fee for processing payments by credit cards, County Clerk's Office 16 8 2.2 Consider acceptance of audit of accounting records for year ending 9-30-01 19 9 2.3 Consider variance from subdivision platting on Lots 8, 9, & 10 of Spyglass Hill 31 10 2.4 Consider variance from subdivision platting to move lot line on Lots 8 & 9, The Horizon 34 11 2.5 Set Public Hearing date for Revision of Plat, Creekwood V, or consider approval of final 12 Revision of Plat of Creekwood V 36 2.11 Approve road name changes for privately 13 maintained roads in all precincts 41 2.12 Authorize 911 to finalize duplicate road names 14 and submit names to U.S. Postal Service 43 2.13 Sheriff's Department application to Hal & Charlie 15 Peterson Foundation for grant for TouchPrint 2000 44 2.6 Public Hearing on cancellation of Vista Ridge 16 Estates 55 2.7 Cancellation of Vista Ridge Estates 56 17 2.9 Public Hearing on abandoning, discontinuing, and vacating Moore Lake Road in Precinct 4 58 18 2.10 Abandon, discontinue & vacate Moore Lake Road 59 2.8 Open sealed bids on Road & Bridge materials 62,89 19 2.15 Agreement between County & Hill Country District Junior Livestock Show Association 65 20 2.16 Request that TexDOT install signs designating North & South Fork crossings of Guadalupe River 77 21 2.17 Accept resignation of W.R. "Rusty" Hierholzer from 911 Board, appoint new County appointee to Board 81 22 2.18 Resolution declaring March 17-23, 2002, as National Agriculture Week in Kerr County 84 23 2.19 Resolution requesting participation in County Management System Project 85 24 2.20 Approval of contracts with Dietert Claim, Kids Advocacy Place, and Soil & Water Conservation 86 25 2.21 Resolution to become member of CIRA, authorize County Judge to sign interlocal agreement 88 3 1 On Monday, March 11, 2002, at 9 a.m., a regular meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning, everyone. It's 7 9 o'clock in the morning on Monday, March the 11th, Year 8 2002, and we will open this regular session of the Kerr 9 County Commissioners Court. If you will take a moment, 10 stand with me for a moment of prayer and then followed by 11 the pledge of allegiance. 12 (Prayer and pledge of allegiance.) 13 JUDGE HENNEKE: At this time, any citizen 14 wishing to address the Court on an item not listed on the 15 regular agenda may come forth and do so. Is there any 16 citizen who would like to address the Court on an item not 17 listed on the regular agenda? Going once, going twice. One 18 more time, is there any citizen who would like to address 19 the Court on an item not listed the on the regular agenda? 20 Seeing none, we'll move into the Commissioners' comments. 21 Let's start with Commissioner Baldwin. 22 COMMISSIONER BALDWIN: Sir, I have no 23 comments this morning, thank you. 24 JUDGE HENNEKE: Commissioner Williams? 25 COMMISSIONER WILLIAMS: Just a couple, Judge. 4 1 First of all, I'm announcing the L.C.R.A. grant to the Elm 2 Pass Volunteer Fire Department for the second time in about 3 three years, where they have successfully gotten their grant 4 to replace one of their brush trucks. They replaced the 5 first one about three years ago, and it was a World War II 6 vintage army surplus-type vehicle, and they're replacing a 7 second one this time, which is also a World War II vintage 8 vehicle, and so congratulations to them. Just a word about 9 what you -- your prayer touched on something that's really 10 close to everybody's heart, and that's the six-month 11 anniversary of -- of the tragic events of 9/11. If you 12 didn't have an opportunity, or did not take the opportunity 13 to see that beautifully done documentary -- I say 14 "beautifully" only because of the braveness of the two 15 photographers and the opportunities they had to film the 16 life of the fire department during the 9/11 tragedy and the 17 aftermath of that. If you haven't seen it, you should have 18 seen it. If you have an opportunity to see it, you should 19 see it. It's a very touching and well-done thing, and it 20 does bring to me a closer understanding and a feeling for 21 our firefighters. They really do save lives, and they're 22 willing to do that. Just want to make those notes. 23 COMMISSIONER BALDWIN: Thank you. 24 JUDGE HENNEKE: Jonathan? 25 COMMISSIONER LETZ: Hard to follow that. I 5 1 concur with those comments. The only comment I have, other 2 than just echoing what Bill said, is that, just for 3 information purposes, that the Hermann Sons Bridge -- 4 Mr. Tijerina signed the agreement finally without having to 5 proceed to the more negative condemnation process. May 6 still have to go down that road, but at least he's given us 7 access to his property to do surveying, so that's good news. 8 JUDGE HENNEKE: Larry? 9 COMMISSIONER GRIFFIN: Well, on a lighter 10 note, boy, it -- there was a first-place finish this 11 weekend. Ingram Tom Moore 7th grade girls finished first in 12 the Comfort relays. And you probably won't see that covered 13 extensively in the press, so I wanted to announce that here. 14 The other -- the other comment that I have is that there was 15 a pretty good fire out in Precinct 4 this weekend, and I 16 wanted to pass along compliments to Road and Bridge 17 Department. I received several from firefighters that said 18 that the water trucks showed up in a hurry from the Road and 19 Bridge Department; made a huge difference in being able to 20 control and fight that fire. So, please pass that along to 21 the folks who were responsible for that. That's it. 22 JUDGE HENNEKE: The Tivy High School Mock 23 Trial Team finished third in the state over the weekend. 24 Another excellent performance. It's a quirk of the judging 25 of that competition that the -- our young people beat the 6 1 fourth -- in the fourth round the team which won the state 2 championship. Now, you know, how they worked that -- they 3 did that to us before. I'm still mad about, you know, 4 Lubbock in 19 -- in the year 2000. But, still, you know, 5 our congratulations to Bobbie Murray and Judge Ables, Judge 6 Prohl, David Jackson and the other local attorneys who 7 donate so much of their time for that incredibly successful 8 program, so our congratulations to them. And, without 9 anything else, let's go about our business. Mr. Auditor, we 10 have some bills to pay. Anyone have any comments or 11 questions regarding the bills as presented by the Auditor? 12 COMMISSIONER WILLIAMS: Move we pay the 13 bills. 14 COMMISSIONER BALDWIN: I'll second that 15 motion. 16 JUDGE HENNEKE: Motion by Commissioner 17 Williams, second by Commissioner Baldwin, that the Court 18 authorize payment of bills as recommended and presented by 19 the Auditor. Any other questions or comments? If not, all 20 in favor, 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. Let's see. 25 Budget Amendment Number 1 is for the 216th District Court. 7 1 MR. TOMLINSON: Okay. The first Amendment is 2 for, as the Judge said, 216th court, and we have a need to 3 transfer $686.10 from Court-Appointed Attorneys line item to 4 Court Transcripts. And I -- along with this, I'm requesting 5 a hand check for $304.70 to Cindy Snider for a transcript. 6 COMMISSIONER GRIFFIN: So moved. 7 COMMISSIONER LETZ: Second, with a comment. 8 JUDGE HENNEKE: Motion by Commissioner 9 Griffin, second by Commissioner Letz, that the Court 10 authorize Budget Amendment Number 1 for the 216th District 11 Court and authorize a late bill and hand check in the amount 12 of $304.70 payable to Cindy Snider. 13 COMMISSIONER LETZ: My comment -- or rather 14 question is regarding the Court-Appointed Attorney item. 15 We're pretty much ahead of schedule, looks like, in 16 expenditures out of that line item. Is there a reason for 17 it? Are we just -- 18 MR. TOMLINSON: Senate Bill 7. 19 COMMISSIONER LETZ: Can you refresh my memory 20 as to Senate Bill 7? 21 MR. TOMLINSON: Well, I'm not -- I'm not 22 totally versed in Senate Bill 7 myself. I know that it has 23 to do with the indigent -- the cost of -- the total cost, 24 actually, of -- of furnishing indigent defense for indigent 25 citizens. There -- there's -- the Legislature enacted this 8 1 bill last Legislature, and right now the -- the Governor's 2 office, I believe, appointed a task force of various people 3 in the -- in government, both county and state, to study 4 what information that the -- that they want to report to the 5 state in this -- relative to these costs. And, so, we're -- 6 we're somewhat in limbo right now as to know exactly what 7 this will cost us ultimately in the future. 8 COMMISSIONER LETZ: It just should be 9 noted -- I mean, it's a -- we had budgeted, for the public 10 to be aware, $85,000 for court-appointed attorneys, and 11 we've already -- well, we have $30,000 left in that line 12 item, and we're not even halfway through the year, or barely 13 halfway through the year. So, just one of those huge line 14 items that we have very little control over. Most of it's 15 mandated by powers above us. But it's always wise to let 16 the public know where their money's going. 17 SHERIFF HIERHOLZER: If I may say something, 18 Commissioner, the other part about this Senate Bill 7 that's 19 going to really affect us, probably in next year's 20 budgeting, there's about four different forms that we have 21 to provide now at the jail for all these -- everybody 22 arrested to be able to fill out, and provide those in 23 triplicate. And when I got the prices on those the other 24 day, for the number of inmates we arrest each year, those 25 forms will cost about $15,000 a year, just for that part of 9 1 it. Just -- this bill is, to me, an unfunded mandate by the 2 State that's really going to cost this county and back up 3 the dockets. 4 MR. TOMLINSON: Potentially, in my office, 5 along with both of the clerks, we'll have to report 6 expenditures by court. I mean, we're, I mean, segregated by 7 juvenile, any -- any County Court at Law or District Court, 8 and -- and include the cost per case, and not -- not just 9 total. I mean, we're talking about tracking the cost of 10 that -- of that crime from beginning to end, by case, and 11 that can really get expensive to do. 12 COMMISSIONER LETZ: Let our legislators know. 13 That's all you can do. 14 COMMISSIONER GRIFFIN: Yeah. 15 JUDGE HENNEKE: Any other questions or 16 comments? 17 MR. TOMLINSON: I have -- Judge, I'm sorry. 18 I had -- there there's another check -- hand check that I 19 need for this amendment. I didn't see it in my work here. 20 And it's -- it's also to Cindy Snider for $602.80. 21 JUDGE HENNEKE: $602.80? Do we presume that 22 your motion -- 23 COMMISSIONER GRIFFIN: The motion includes 24 that. 25 JUDGE HENNEKE: Okay. Any other questions or 10 1 comments? 2 COMMISSIONER BALDWIN: My only comment is, 3 you know, I don't think that anybody has any problem with 4 indigent -- taking care of the indigents, but I think the -- 5 the debate has always been where and who determines that 6 they are indigent? And I think what the Sheriff is saying, 7 that you do it in your jail before they ever come over here, 8 and that's kind of a tricky little deal there. 9 SHERIFF HIERHOLZER: That's part of this new 10 deal. Part of those forms is, they have to fill out an 11 application, and all that will get sent over to whatever 12 court that case is filed in. It will be up to that judge to 13 determine the indigency on appointing the attorney. 14 COMMISSIONER BALDWIN: I guess they take 15 their word for it most of the time? 16 SHERIFF HIERHOLZER: Yeah, it still amounts 17 to just that. 18 JUDGE HENNEKE: Well, as long as we're 19 talking on that topic, Senate Bill 7 affects juveniles as 20 well. What we have -- in the three years I've been working 21 with the Juvenile Probation Department, we have doubled and 22 doubled again the amount of attorney's fees we recover from 23 the juvenile parents and the juveniles themselves, so we're 24 now recovering probably about 40 percent of the amount of 25 money that we expend on attorney's fees for juveniles, which 11 1 is pretty good. 2 COMMISSIONER BALDWIN: That is good. 3 SHERIFF HIERHOLZER: Well, I understand even 4 on the indigent, there is a way to recover those attorney 5 fees, even if that attorney was appointed -- and that's the 6 other part that's probably going to affect this county a 7 lot, is your Collections Department is going to end up 8 getting so much more thrown on them that it's going to have 9 a serious effect. 10 JUDGE HENNEKE: We'll all look at that. Any 11 other questions or comments on Budget Amendment Request 12 Number 1? If not, all in favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Request 17 Number 2 is for from the Sheriff's Department. 18 MR. TOMLINSON: We -- there's a need to 19 replace a -- a monitor for a computer in the Sheriff's 20 Office, and by request of the Sheriff, we're transferring 21 $179 from Operating Expenses to Operating Equipment. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER WILLIAMS: Second. 24 COMMISSIONER GRIFFIN: Second. 25 JUDGE HENNEKE: Motion by Commissioner Letz, 12 1 second by Commissioner Williams, that the Court approve 2 Budget Amendment Request Number 2 for the Sheriff's 3 Department. Any questions or comments? If not, all in 4 favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: Opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Number 3 9 again is for the 216th District Court. 10 MR. TOMLINSON: This amendment also is to 11 transfer funds from Court-Appointed Attorneys to Court 12 Transcripts, and it's for $55.30. 13 COMMISSIONER LETZ: So moved. 14 COMMISSIONER GRIFFIN: Second. 15 JUDGE HENNEKE: Motion by Commissioner Letz, 16 second by Commissioner Griffin, that the Court approve 17 Budget Amendment Request Number 3 for the 216th District 18 Court. Any other questions or comments? If not, all in 19 favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Any late 24 bills, Tommy? 25 MR. TOMLINSON: No. 13 1 JUDGE HENNEKE: Thank you. At this time, I 2 would entertain a motion to waive reading and approve the 3 minutes of the February 1 and February 25 meetings of the 4 Kerr County Commissioners Court. 5 COMMISSIONER GRIFFIN: So moved. 6 COMMISSIONER LETZ: Second. 7 JUDGE HENNEKE: Motion by Commissioner 8 Griffin, second by Commissioner Letz, that the Court waive 9 reading and approve the minutes of the Monday, February 11, 10 2002, and Monday, February 25, 2002, meetings of the Kerr 11 County Commissioners Court. Any questions or comments? If 12 not, all in favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. I'd also 17 entertain a motion to approve and accept the monthly reports 18 as presented. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER WILLIAMS: Second. 21 JUDGE HENNEKE: Motion by Commissioner Letz, 22 second by Commissioner Williams, that the Court approve and 23 accept the monthly reports as presented. Any questions or 24 comments? If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 14 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. All right. 4 We'll move directly into the consideration agenda. The 5 first item for consideration is Item Number 1, introduce 6 John Mullins, Kerr County's new appointment to the 7 Butt-Holdsworth Library Advisory Board. Commissioner 8 Williams. 9 COMMISSIONER WILLIAMS: Thank you, Judge. 10 Last Commissioners Court meeting, the Court unanimously 11 approved the selection of John Mullins to be our new 12 representative to the Kerr County -- City/County 13 Butt-Holdsworth Library Advisory Board. It's a pleasure to 14 introduce you to John this morning. Let me give you a word 15 or two about him. John Mullins was born in Avon, 16 Massachusetts -- and we won't hold that against him -- a 17 town just south of Boston. Following high school, he served 18 in the Army Air Corps in World War II as a P-38 fighter 19 pilot based in Italy. He not only was a P-38 fighter pilot, 20 but he still is actively involved in P-38 matters. I 21 believe he authored a book about the P-38 and World War II. 22 After separation from the service, John completed a Ph.D. in 23 pharmaceutical chemistry in 1955, with considerable help, he 24 says, from his good wife, Phyllis, whom he married in 1945. 25 His career work has been in pharmaceutical new drug research 15 1 and development, beginning with Merck Corporation in New 2 Jersey. He retired from Alcon Laboratories in Fort Worth, 3 Texas, in 1986, and thereafter moved to Kerrville, which 4 John says is the best move he's ever made. His interests in 5 things other than pharmaceuticals include international, the 6 Confederate Air Force, of which he's a life member, 7 painting -- watercolors, not houses -- and a poor game of 8 golf. Since relocating to Kerrville, he has been vice 9 president of the St. Peter's Day School, board member and 10 president of the Kerrville Performing Arts Association, 11 board member and president of the Friends of the Library, 12 and president of the local Air Force Association. He also 13 served as president of the 1st Fighter Association, and as I 14 noted earlier, he wrote a history about the group's actions 15 in World War II entitled An Escort of P-38's. His writing 16 is now limited to newsletters and being active in the 17 literary community. It's a pleasure to introduce to you 18 John Mullins. John, will you come forward? Present him to 19 Commissioners Court and the public as our new representative 20 to the Butt-Holdsworth Library. 21 MR. MULLINS: Thank you for -- I didn't know 22 you were going to read that whole thing. 23 COMMISSIONER WILLIAMS: You didn't think I 24 was just going to ask to you fax it to me and swallow it? 25 MR. MULLINS: I thought you might edit it a 16 1 bit. Well, I appreciate the appointment. Thank you. 2 JUDGE HENNEKE: Thank you, John. I don't 3 know when you're going to have time to help us out, but we 4 appreciate it. 5 MR. MULLINS: There's always time. 6 JUDGE HENNEKE: Thank you, sir. At this 7 time, at the request of the County Clerk, we're going to 8 take up Item Number 14, and then we'll take up the audit 9 after that. Ms. Pieper seems to think she has work to do 10 that requires her attendance elsewhere this morning. So -- 11 MS. PIEPER: Thank you, Judge. 12 JUDGE HENNEKE: Item number 14, consider and 13 discuss a handling fee for processing payments by credit 14 card as authorized by Chapter 132 of the Local Government 15 Code. 16 MS. PIEPER: Gentlemen, as you know, I've 17 been using a credit card machine, and we have used it a 18 couple of times, and the public seems to find it very useful 19 to have that service here. I am requesting to be able to 20 charge a handling fee for this. The company that we are 21 going through for the credit card machine, which is Visa and 22 Mastercard, they're charging us a dollar and 60 -- no, 23 1.60 percent of the total amount of items purchased, plus we 24 have a 20-cent transaction fee, and then the statement once 25 a month is $9.95. So, the Legislature last year has changed 17 1 the law that -- that says a Commissioners Court may 2 authorize a county or precinct office to collect and retain 3 a handling fee for processing this. In going through the 4 law, we may not set a processing fee that exceeds 5 percent, 5 or if we go under Section 132.002(C), we can set a flat rate 6 not to exceed $5 for each payment. And it's -- instead of 7 working with a percentage, each time somebody comes in to 8 purchase something, marriage license or birth certificate or 9 whatever, I think it would be much easier just to work with 10 a flat fee. And, in kind of doing a little quick figuring, 11 I think if we could charge $2 per item, then I think that 12 would cover our costs for the -- the statement fee and 13 transaction fees and stuff. 14 JUDGE HENNEKE: Any questions or comments? 15 COMMISSIONER WILLIAMS: What's the volume 16 normally, Jannett, if you know, of these type of 17 transactions on credit cards that your office is processing? 18 MS. PIEPER: Depending on what the -- 19 COMMISSIONER WILLIAMS: Average. 20 MS. PIEPER: It's hard to say, because a 21 birth certificate is $11, a marriage license is $36. If 22 they file a civil case, it can be up to $150. So, it just 23 depends. 24 COMMISSIONER WILLIAMS: Are you sure $2 will 25 do the job? 18 1 MS. PIEPER: I think it will. 2 COMMISSIONER GRIFFIN: If we adopt a flat 3 fee, then is there sort of a way you can track that to see 4 if that fee is covering the costs? 5 MS. PIEPER: Yes. We have used it -- 6 COMMISSIONER GRIFFIN: The reason I ask the 7 question is so that we could adjust it later if there is 8 either -- 9 MS. PIEPER: Yes, we get a statement once a 10 month. And it's a bookkeeper nightmare, my bookkeeper tells 11 me, but she's willing to do it. We've used it four times in 12 this statement cycle. The cost -- there was one that was 13 $12, $47, a $30, a $33. I mean, it doesn't say what was 14 purchased, but that's the -- what shows in our deposits. 15 COMMISSIONER GRIFFIN: I think 2 bucks will 16 cover it. 17 COMMISSIONER BALDWIN: I move we authorize 18 the County Clerk to charge a $2 handling fee for processing 19 payments for credit cards, as per Chapter 132 of the Local 20 Government Code. 21 COMMISSIONER GRIFFIN: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Baldwin, second by Commissioner Griffin, that the Court 24 authorize a $2-per-transaction handling fee for processing 25 payments by credit cards, as authorized under Chapter 132 of 19 1 the Texas Local Government Code. Any other questions or 2 comments? If not, all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: Opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. 7 MS. PIEPER: Thank you, gentlemen. 8 JUDGE HENNEKE: And that will be effective? 9 MS. PIEPER: Today. 10 JUDGE HENNEKE: Today. Can we include that 11 as part of your motion, Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes. 13 JUDGE HENNEKE: Be effective Monday, March 14 the 11th, 2002. 15 MS. PIEPER: Thank you. 16 JUDGE HENNEKE: Okay, thank you. We'll 17 return to the regular order now. The next item for 18 consideration is Item Number 2, discuss and consider 19 acceptance of the audit of the County records for the year 20 ending September 30, 2001, and presentation by our outside 21 independent auditors, Pressler, Thompson and Company. 22 Tommy? 23 MR. TOMLINSON: I furnished each one of the 24 Court a copy of -- of the audit last week. I hope you've 25 had time to -- to look it over and have some questions, but 20 1 Doug Sundberg from Pressler Thompson Company is our -- is 2 here today to summarize the audit and answer any questions 3 that you might have. Last -- sometime during -- during last 4 year, we had some conversation about -- well, several 5 conversations about the implementation of GASB-34, and, I 6 just wanted to tell you that that -- the Court that -- that 7 the firm and I have had -- or have continuing conversations 8 about this implementation. And so, just for your 9 information, know that -- that it -- that it is happening. 10 And I have several projects underway this year to speed -- 11 to speed that implementation on, and hopefully I'll be ready 12 by September the 30th of this year. So, at this time, I'll 13 give this -- relinquish the podium to Doug. 14 MR. SUNDBERG: Morning. 15 JUDGE HENNEKE: Welcome. Good morning. 16 MR. SUNDBERG: I'd like to start out on Page 17 2 this morning, which is our independent auditor's report, 18 which states that we audited the general purpose financial 19 statements of Kerr County as of September 30, 2001, and in 20 our opinion these general purpose financial statements 21 present fairly, in all material respects, the financial 22 position of Kerr County as of September 30, 2001. On Pages 23 4 and 5 are the -- or is the balance sheet of all the 24 accounts from the account groups -- excuse me, fund types 25 and account groups of Kerr County. In the first column -- I 21 1 won't go over every one of these items unless you have a 2 question regarding a particular one. The first column, the 3 General Fund indicates total assets of $4,433,000, 4 liabilities of $1,015,000, and a General Fund operating fund 5 balance of $3,417,000 as of September 30. Excuse me. The 6 first column on Page 5, the proprietary-type fund, which is 7 the Juvenile Detention Facility, has assets of $2,892,000, 8 total liabilities of $2,089,000, which includes the mortgage 9 on the facilities out there, and ending with a retained 10 earnings of $803,247. Excuse me, allergies are catching me 11 here. On the last couple columns there, the account groups, 12 the general fixed assets and general long-term debt, we will 13 touch on those in just a minute here. 14 On the next pages, Pages 6 and 7, there's a 15 statement of revenues and expenditures and changes in fund 16 balance, the first column there being the General Fund, 17 indicating total revenues of $9,369,000, total expenditures 18 of $9,072,000. Skipping down a couple lines, we had the net 19 of operating transfers in and out of $5,369, ending with an 20 excess revenue over expenditures for the year of $301,937. 21 Beginning with a fund balance of $3,115,000, we end up with, 22 as I mentioned before, a fund balance as of September 30, 23 $3,417,000. On Pages 8 through 14 is the statement of 24 revenues and expenditures, comparison with the budget for 25 the various governmental fund types. I'd like to touch on 22 1 the General Fund just briefly. On Page 8, which has total 2 revenues budgeted of $9,029,000, actual receipts of 3 $9,369,000, or $340,000 more than budgeted. Expenditures, 4 the County had budgeted $9,153,000 for expenditures, 5 actually expended $9,072,000, or approximately $80,000 less 6 than budgeted, for a net effect of -- of revenues over 7 expenditures budgeted of $420,000. Real good. 8 COMMISSIONER GRIFFIN: Doug, could I ask a 9 question here? 10 MR. SUNDBERG: Sure. 11 COMMISSIONER GRIFFIN: So the actual revenues 12 exceeded what was budgeted by $340,000? 13 MR. SUNDBERG: That's correct. 14 COMMISSIONER GRIFFIN: The actual 15 expenditures were $80,000 -- $81,000 less than budgeted? 16 MR. SUNDBERG: That's correct. 17 COMMISSIONER GRIFFIN: So that the net effect 18 of that was to add $420,000 -- $421,000 to the treasury as a 19 result of that? 20 MR. SUNDBERG: No. No. 21 COMMISSIONER GRIFFIN: I mean, it goes in -- 22 in an accounting sense, it goes -- it goes that we had 23 excess revenues in that amount over expenditures. 24 MR. SUNDBERG: Only compared to the budget. 25 COMMISSIONER GRIFFIN: Compared to the 23 1 budget, that's what I mean. 2 MR. SUNDBERG: Right, that's correct. 3 COMMISSIONER GRIFFIN: Okay. Very 4 interesting. Special revenues were somewhat similar. 5 MR. SUNDBERG: Pardon me? 6 COMMISSIONER GRIFFIN: Special revenues 7 are -- the special revenues -- 8 MR. SUNDBERG: That's correct. 9 COMMISSIONER GRIFFIN: -- are somewhat 10 similar. 11 MR. SUNDBERG: That's correct. 12 COMMISSIONER GRIFFIN: The difference there 13 was over a million dollars. 14 MR. SUNDBERG: That's correct. 15 COMMISSIONER GRIFFIN: Good. Thanks. 16 MR. SUNDBERG: And all those -- I might 17 mention, too, that all those special revenue funds are 18 detailed out back on Pages 38 through 43, giving you the 19 actual for each -- for each particular special revenue fund. 20 Any other questions? Okay. Let's move on to Page 15, which 21 is the statement of revenues, expenditures, and changes in 22 retained earnings for the proprietary fund, here indicating 23 the total revenues $1,613,000, total operating expenses of 24 $1,454,000, for an operating income of $159,727. We had 25 some non-operating income and expenditures, being the 24 1 interest income and interest paid on mortgage, net effect 2 of -- of $142,000 of expenses, leaving you with a net profit 3 for the year of $17,473. With a beginning fund balance of 4 $785,000, ending with a -- excuse me, retained earnings. 5 Ending retained earnings of $803,000, as mentioned before. 6 COMMISSIONER LETZ: Doug, question. 7 MR. SUNDBERG: Mm-hmm? 8 COMMISSIONER LETZ: Would it be possible to 9 identify the proprietary fund as what it is? So it 10 wouldn't -- I mean, it's -- I mean, you just told us that 11 it's the Hill Country -- the Juvenile Detention Facility, 12 but is there a reason we can't say that on here? 13 MR. SUNDBERG: No. 14 COMMISSIONER LETZ: It just would make it 15 clearer, I think, to everyone. 'Cause I hear comments that 16 we don't account for that, and we do, but it's just -- that 17 way it would be easier for the public to -- 18 MR. SUNDBERG: We just go this way -- this is 19 what's recommended with governmental reporting, but we can 20 put on there whatever you want on there. So -- so, we -- 21 yeah, we can. 22 COMMISSIONER LETZ: Thank you. 23 MR. SUNDBERG: I'll make a note of that. 24 Okay? On the next page, on Page 16, is the statement of 25 cash flows for the Detention Facility, and you can kind of 25 1 look down through what makes that up. The main -- the main 2 item there is third from the bottom, which indicates a -- a 3 decrease in cash of $117,000 for this last fiscal year, 4 mainly because of the debt service payments that were made. 5 COMMISSIONER LETZ: I have one more question 6 on this facility. 7 MR. SUNDBERG: Sure. 8 COMMISSIONER LETZ: The amount that Kerr 9 County paid -- or is there a transfer when we have the Kerr 10 County youth in that facility? Do they show up in here 11 as -- as revenue? 12 MR. SUNDBERG: Right. 13 COMMISSIONER LETZ: As do all other counties. 14 MR. SUNDBERG: That's right. 15 COMMISSIONER LETZ: So, there is a line item 16 that shows that transfer? 17 MR. SUNDBERG: That's correct. 18 COMMISSIONER LETZ: Okay. 19 MR. SUNDBERG: That's correct, yeah. That 20 comes in as revenue, just like payment from any other 21 county. Okay. Next was -- let's turn to Page -- well, on 22 the following pages there after Page 16, you go to Page 19, 23 the notes to financial statements start. Just general 24 information, mostly. If we turn to Page 25 on the bottom, 25 on Note C, we start out with the general fixed assets, which 26 1 I mentioned before, shows additions of general fixed assets 2 for the year to the County of $936,764. Items deleted, 3 through scrapping or whatever the case may be, of $119,564. 4 On the top of the next page is the same information 5 regarding fixed assets for the Juvenile Detention Facility. 6 One difference here is that Juvenile Detention Facility 7 being a proprietary fund, we record depreciation, which we 8 don't in the County's books. As of now, anyway. So, this 9 indicates $105,000 of depreciation expense for the year. We 10 added $19,500 of fixed assets to that for this last fiscal 11 year. 12 Note D just below that is an analysis of the 13 general long-term debt for Kerr County, indicating that 14 there was $169,281 added to the debt this year, which came 15 from capital leases, and 700 -- $787,057 of principal 16 payments made during this last fiscal year. Just below that 17 is the debt service requirements, principal and interest for 18 the succeeding five years and thereafter. And at the top of 19 the next page, on Page 27, Note E is the long-term debt for 20 the Juvenile Detention Facility, indicating $168,363, 21 principal payments made during this last fiscal year. And 22 just below that, again, is the debt service principal and 23 interest requirements for the next five years and 24 thereafter. Okay? 25 The only other issue is back on Page 75, 27 1 which is another report on -- on the compliance and internal 2 controls of financial reporting that we are required to 3 issue in accordance with government auditing standards. 4 And, as you can read in there under "Compliance," our test 5 disclosed no instances of noncompliance that we're required 6 to report. And, likewise, under "Internal Control," there 7 were no matters involving internal control that we felt 8 needed to be reported under these situations. The only 9 other thing is, we did not issue a management letter this 10 year. Main reason was, nothing to report. The one item 11 that we had last year, which was regarding the 12 reconciliations of bank accounts and reporting after that, 13 has been corrected. Everything else was in pretty good 14 shape. There were some issues that we talked with Tommy and 15 some of the other staff about, but nothing requiring a 16 management letter at this point. 17 COMMISSIONER BALDWIN: I was going to 18 comment, I'm sure it's happened, but this is the first time 19 I remember not having a management letter in here. 20 MR. SUNDBERG: Could be. 21 COMMISSIONER BALDWIN: That just -- I don't 22 remember not seeing one. And I looked for it. Of course, 23 this internal control over financial reporting, that's -- 24 who wrote that? Lord, God. 25 MR. SUNDBERG: It was probably some attorneys 28 1 involved. 2 COMMISSIONER BALDWIN: I'm sure. 3 MR. SUNDBERG: Excuse me, David. 4 JUDGE HENNEKE: Does anyone have any 5 questions or comments of Mr. Sundberg regarding the audit? 6 COMMISSIONER LETZ: Question. If we can go 7 back to Page 26? 8 MR. SUNDBERG: Sure. 9 COMMISSIONER LETZ: Long-term debt. 10 MR. SUNDBERG: Mm-hmm. 11 COMMISSIONER LETZ: So, to make sure I'm 12 reading this right, the -- 2012 is when the jail debt is 13 retired? Which is -- it's that date? 14 MR. SUNDBERG: 2012. 15 COMMISSIONER LETZ: Up from the bottom, it 16 says, "The above long-term debt matures through 2012." I 17 presume the longest debt we have is the jail; goes through 18 2012? 19 MR. SUNDBERG: That's correct. 20 COMMISSIONER LETZ: And then the tax 21 anticipation note on the building construction or renovation 22 next door is retired in 2005. 23 MR. SUNDBERG: That's correct. 24 COMMISSIONER GRIFFIN: I see that big drop in 25 2006. 29 1 MR. SUNDBERG: Right. 2 COMMISSIONER LETZ: So, those are kind of the 3 big dates. The other portion of that is the capital leases 4 that are kind of going through -- 5 MR. SUNDBERG: Right. 6 COMMISSIONER LETZ: -- I guess the radio 7 tower, and also -- 8 COMMISSIONER WILLIAMS: Radio tower will show 9 up in the next one. 10 COMMISSIONER LETZ: That's right, it will 11 show up in next year's. Okay, thank you. 12 MR. SUNDBERG: Anything else? 13 JUDGE HENNEKE: Any other questions or 14 comments? 15 COMMISSIONER BALDWIN: Excellent. 16 JUDGE HENNEKE: So, this -- this is what I'm 17 used to hearing is a clean audit. Would you say that? 18 MR. SUNDBERG: That's correct, yeah. As the 19 letter has indicated at the beginning, it's presented fairly 20 with basically a clean opinion. 21 JUDGE HENNEKE: And I take it, from the 22 absence of a management letter, that in your review of the 23 audit and the financial controls and the accounting, that 24 you found nothing which would require you, under your 25 standards, to bring it to the attention of ourselves, as the 30 1 board of -- 2 MR. SUNDBERG: That's correct. 3 JUDGE HENNEKE: -- the organization? 4 MR. SUNDBERG: That's correct. 5 JUDGE HENNEKE: So we don't have any Enron 6 problem lurking out there, do we? 7 MR. SUNDBERG: Not that we're aware of, no. 8 JUDGE HENNEKE: And you were given full 9 access to all the records and -- 10 MR. SUNDBERG: Yes. 11 JUDGE HENNEKE: -- the documents that you 12 requested and needed? 13 MR. SUNDBERG: Anything we asked for was 14 provided to us. 15 JUDGE HENNEKE: I want to make sure -- wanted 16 to make sure that everyone understands that this is an open 17 process. 18 MR. SUNDBERG: Right. Right. Yeah, we 19 don't -- of course, don't check every transaction, but on a 20 random selection and so forth, we -- 21 JUDGE HENNEKE: Okay. 22 COMMISSIONER GRIFFIN: Well, I'd make a 23 motion that we accept the report as submitted. 24 COMMISSIONER WILLIAMS: Second. 25 JUDGE HENNEKE: Motion by Commissioner 31 1 Griffin, second by Commissioner Williams, that the Court 2 accept the audit of the County records for the year ending 3 September 30, Year 2001, as presented by our outside 4 independent auditors, Pressler, Thompson and Company. Any 5 other comments or questions? If not -- 6 COMMISSIONER GRIFFIN: Question -- a question 7 and a comment. Will there be copies of this on file in the 8 Clerk's office, or will -- Tommy, as of today? 9 MR. TOMLINSON: Yes, we -- we have -- they'll 10 be on file there, and we have copies in our office. 11 COMMISSIONER GRIFFIN: In case anybody wants 12 to go through it and get all the facts. 13 MR. TOMLINSON: We have some unbound copies 14 that -- that we can make on call, so -- 15 JUDGE HENNEKE: Any other questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: Opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carried. Thank you, 21 Doug. We appreciate you coming. Next item, Item Number 3, 22 consider variance from subdivision platting on Lots 8, 9, 23 and 10 of Spyglass Hill, Volume 5, Precinct 1. Commissioner 24 Baldwin. 25 COMMISSIONER BALDWIN: Thank you, sir. 32 1 Mr. Johnston? 2 MR. JOHNSTON: Good morning. I think you 3 have a little plat that kind of shows this area. It's three 4 lots, 8, 9, and 10, in a platted subdivision in the county 5 and in the ETJ. There is a residence located on Lot Number 6 8, which crosses a lot line on Number 9, and somewhat 7 encroaches in the building setback as shown on the plat. 8 Lots 8, 9, and 10 are about a half acre each; they total 9 1.55 acres total, from three. Because of this lot 10 encroachment, the owner wants to -- he's asking for a 11 variance, but I'm recommending the plat be revised to 12 combine Lots 8, 9, and 10 into two lots, to -- since it is 13 in a platted subdivision. I think it should be reviewed 14 by -- also by U.G.R.A. 15 COMMISSIONER GRIFFIN: Our Designated 16 Representative? 17 MR. JOHNSTON: Pardon? 18 COMMISSIONER GRIFFIN: By our Designated 19 Representative? 20 MR. JOHNSTON: Yes. Because of the terrain, 21 there's a lot of setback, about -- I think it's 25 feet. If 22 you look at the photos, it's fairly flat about that far back 23 from the curb, and then it just drops off, and looks like on 24 the contour maps about 20, 30 feet. So, I think such a 25 small lot, they might need to verify that there's adequate 33 1 terrain for a septic system or what type of system to use. 2 COMMISSIONER WILLIAMS: Where is the house 3 located? On 8? The dwelling is located on Lot Number 8 and 4 part of 9? 5 MR. JOHNSTON: Yes. 6 COMMISSIONER WILLIAMS: Okay. 7 MR. JOHNSTON: I think the owner may be here 8 and want to address the Court. Then again, maybe not. 9 COMMISSIONER BALDWIN: Franklin, let's just 10 be real clear about -- they're asking for a variance from 11 the subdivision regs. 12 MR. JOHNSTON: They were asking -- 13 COMMISSIONER BALDWIN: A variance from what 14 part? 15 MR. JOHNSTON: From platting. From plat 16 revision. 17 COMMISSIONER BALDWIN: Okay. 18 MR. JOHNSTON: I'm recommending that we do a 19 plat revision because of the terrain and because of the 20 small lot size, to have it reviewed. 21 COMMISSIONER BALDWIN: The owner -- the 22 person that's requesting this is not in this room? 23 MR. JOHNSTON: Mr. Ingles? No. 24 COMMISSIONER BALDWIN: Should we just go on 25 to Number 4? Why sit here and do this? 34 1 MR. JOHNSTON: Well, he's asking for a 2 variance. You can either grant it or turn it down. 3 COMMISSIONER LETZ: To me, it should be a 4 revision of plat. 5 COMMISSIONER BALDWIN: Let's go to Number 4. 6 I mean, I don't see anything for to us do. We can sit here 7 and visit if y'all want to. That's all it will be. 8 JUDGE HENNEKE: Do you want to go on the 9 record and as denying the request for a variance? 10 COMMISSIONER GRIFFIN: For lack of a motion. 11 JUDGE HENNEKE: Okay. All right. For lack 12 of a motion, the request for variance from subdivision 13 platting on Lots 8, 9, and 10 is denied, subject to being 14 resubmitted as a recommendation of the County Engineer that, 15 rather than a variance, that the owners of those lots 16 consider revisiting the subdivision plat to consolidate lots 17 for purposes of creating a viable building location. Thank 18 you. Number 4, consider request for variance from 19 subdivision platting to move a lot line on Lots 9 and 10 of 20 The Horizon Subdivision, also in Precinct 1. Commissioner 21 Baldwin. 22 COMMISSIONER BALDWIN: Mr. Johnston. 23 MR. JOHNSTON: This is a little different. 24 The lots are larger, almost 4 acres each, and apparently 25 results from a mistake during the surveying process, or 35 1 during the platting. They drew a line from the wrong point 2 on that dividing Lots 9 and 10. And there's about a quarter 3 acre loss to Lot 10, and apparently Lot 9 was aware of it, 4 and this is to correct the mistake. The law used to have a 5 provision to do this without going through the platting 6 process, but I think the new statutes don't, but perhaps we 7 can use that modified version that we did in the past so 8 they can do it on a one-time basis to do a correction -- to 9 do a revision to correct the plat. 10 COMMISSIONER LETZ: I don't have any problem 11 with that. I think it needs to be platted. Just 12 something -- they need to do the final plat, and it can be 13 handled at one time. I think we've offered that option -- 14 MR. JOHNSTON: Before. 15 COMMISSIONER LETZ: -- earlier this year, in 16 light of the intent of the Court to modify that provision, 17 which I think will be on the agenda next time, or in several 18 weeks, to modify the Subdivision Rules. But it still 19 requires platting. I mean, it will be -- a full plat will 20 need to be prepared. Just a matter of handling -- or it 21 could be handled at one court meeting. 22 MR. JOHNSTON: Mm-hmm. 23 JUDGE HENNEKE: So, we're -- do we need to 24 have a formal action on that? Or -- 25 COMMISSIONER LETZ: I would think that we 36 1 would, because at the next meeting I think we'll have the 2 proposed new language before the Court. It'll take a public 3 hearing to get it changed, so we're talking about the end of 4 April before we have the new Subdivision Rules in place, at 5 the earliest. And so I think what the -- you know, I'll 6 make a motion to grant a variance here to allow the Court to 7 consider preliminary and final plat at the same time. 8 Commissioner Baldwin doesn't have any problem with that. 9 COMMISSIONER BALDWIN: I have none. I don't 10 have any problem with doing it all today. 11 JUDGE HENNEKE: Is that a second? 12 COMMISSIONER BALDWIN: Yes, that was a 13 second. 14 JUDGE HENNEKE: Motion by Commissioner Letz, 15 second by Commissioner Baldwin, that the Court grant a 16 variance from Subdivision Regulations to permit final 17 consideration of the revised plat of Lots 8, 9, and 10 of 18 Horizon Subdivision at one meeting. Any questions or 19 comments? If not, all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Okay. The next item is very 24 similar to those two. It's in the alternative. It's to 25 either set a public hearing date for the revision of plat 37 1 for Creekwood V, or consider and discuss final approval of 2 final revision of plat for Creekwood V if no public hearing 3 is required. 4 COMMISSIONER WILLIAMS: Mr. Johnston. 5 MR. JOHNSTON: When we did the preliminary 6 plat on this, I think we asked the question whether or not 7 it needed a public hearing, because Creekwood V is owned -- 8 the entire subdivision is owned by one owner, and I think 9 the comment was made it did not require a public hearing. 10 But, subsequently, I think it came up, it might require one. 11 So -- 12 COMMISSIONER LETZ: My recollection is at our 13 last meeting we had a long discussion on this one. Isn't 14 this the one where the access is coming through the other 15 subdivision? 16 COMMISSIONER WILLIAMS: We had a long 17 discussion, but I don't think it -- 18 MR. JOHNSTON: Well, those two are combined. 19 This one has access through Creekwood only. 20 COMMISSIONER LETZ: This is different? 21 MR. JOHNSTON: This is just dividing that one 22 into two parts. It's, what, a hundred -- several hundred 23 acres? 24 MR. VOELKEL: If I could make a comment, that 25 plat really precedes the plat you're referring to where we 38 1 had all the comments, the replat of Twin Springs. This is 2 kind of a formality to make it legal, where we were 3 replatting as Creekwood V a large lot into two lots, and 4 then we're going to take Lot 1B, as you see there, and put 5 that into the Twin Springs, which is the plat that you 6 referred to with all the discussion. 7 COMMISSIONER LETZ: Okay. 8 JUDGE HENNEKE: The question is, do we have 9 to set a public hearing, or can we take action on this 10 revision of -- final revision of plat? I really don't see 11 the necessity of having a public hearing, when all the whole 12 subdivision is owned by one person. 13 MR. JOHNSTON: Only one available to comment 14 would be one person only. 15 MR. VOELKEL: Can I make another comment? 16 COMMISSIONER LETZ: Any way to do that 17 legally? 18 MR. JOHNSTON: None. 19 MR. VOELKEL: Just for the Court's 20 information, this again is an ETJ plat. We have been to the 21 City on two meetings; a preliminary, which they held a 22 public hearing for, and then a final plat. And we had the 23 preliminary plat on this back in December at Commissioners 24 Court, just to kind of update you on where we've been with 25 this plat. 39 1 MR. JOHNSTON: The City has had a public 2 hearing? 3 MR. VOELKEL: That's correct, and they've 4 approved the final plat. 5 COMMISSIONER WILLIAMS: Did you say the City 6 conducted a public hearing on it? 7 MR. VOELKEL: Yes, sir. 8 COMMISSIONER GRIFFIN: My question is, what 9 does the Transportation Code say? Do we have to have -- I 10 think that's the same question you're asking, Jonathan, is 11 that -- do we legally have to have a public hearing, or is 12 it at our discretion? 13 COMMISSIONER BALDWIN: Well, the reason for a 14 public hearing and all this notification is to let everybody 15 know what's going on. 16 COMMISSIONER GRIFFIN: Right. 17 COMMISSIONER BALDWIN: And one guy owns the 18 whole thing. I don't get it. 19 COMMISSIONER WILLIAMS: I don't either. 20 COMMISSIONER GRIFFIN: Doesn't make sense, 21 but -- 22 COMMISSIONER BALDWIN: Well, of course, you 23 know, you're dealing with Austin now, but I just -- I can't, 24 in my mind, see why we'd have to jump through a bunch of 25 hoops, having public hearings and notifications and all 40 1 that. 2 MR. JOHNSTON: See, the only people able to 3 comment in a public hearing is if it affects their property 4 rights, correct? No one will have a property right except 5 the owner of that subdivision. 6 COMMISSIONER WILLIAMS: There's no invasion 7 of property rights; it's the same owner, right? 8 COMMISSIONER BALDWIN: But if we're going to 9 sit here and debate, we've got to get a lawyer in here, get 10 to the bottom of it. We can sit here and talk all day. 11 COMMISSIONER GRIFFIN: Could we -- could we 12 perhaps approve it contingent on a ruling from the County 13 Attorney that it's okay to do so? 14 COMMISSIONER WILLIAMS: Well -- 15 JUDGE HENNEKE: Seems to me like it's not a 16 lot different than the first two we just did. 17 COMMISSIONER LETZ: I don't think it needs 18 one. 19 COMMISSIONER GRIFFIN: Good enough for me, if 20 Jonathan says so. 21 COMMISSIONER WILLIAMS: I don't know who's 22 going to show up at a public hearing except the owner. 23 COMMISSIONER LETZ: So, you're telling me 24 that none of the subdivision has been sold to nondeveloper 25 owners? 41 1 MR. JOHNSTON: Creekwood V is owned by one 2 person, 300-something acres. 3 COMMISSIONER LETZ: Then, from my quick 4 reading of the law, it does not require a public hearing. 5 MR. JOHNSTON: 'Cause it's a developer/owner? 6 COMMISSIONER LETZ: Yeah, it's a 7 developer/owner. 8 COMMISSIONER BALDWIN: Second. 9 COMMISSIONER WILLIAMS: I would move that -- 10 I would move that we give final plat revision approval for 11 Creekwood V. 12 JUDGE HENNEKE: That was a second by 13 Commissioner Baldwin, I believe. 14 COMMISSIONER BALDWIN: Yes, sir. 15 JUDGE HENNEKE: Motion by Commissioner 16 Williams, second by Commissioner Baldwin, that the Court 17 approve the final revision of plat for Creekwood V located 18 in Precinct 2. Any other questions or comments? If not, 19 all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. We have some 24 time before our scheduled public hearings. Let's do Item 25 Number 11 if we can, gentlemen. Consider and approve road 42 1 name changes for privately maintained roads in all precincts 2 in accordance with 911 guidelines. Truby, are you going to 3 handle this one? At least anything that needs handling? 4 MS. HARDIN: We have six road name changes, 5 all privately maintained roads. Does anyone have any 6 questions? 7 COMMISSIONER LETZ: Move we adopt the road 8 name changes as presented. 9 COMMISSIONER GRIFFIN: Second. 10 JUDGE HENNEKE: Motion by Commissioner Letz, 11 second by Commissioner Griffin, that the Court approve the 12 road name changes for privately maintained roads in 13 accordance with the 911 guidelines as presented. Just for 14 the record, let me read them off. Existing road name in 15 Precinct 3 of Riven Rock Lane would be changed to Old Goat 16 Lane East. Existing name of 3005 in Precinct 4 would be 17 changed to Arunachala Place Northwest. Existing name of 18 3000 in Precinct 4 would be changed to LeDox, L-e-D-o-x, 19 Lane East. Existing name of Bowie North in Precinct 1 would 20 be changed to View Point -- two words -- North. Existing 21 name of James Gustin Road West in Precinct 4 would be 22 changed to Dybowski Road West. And existing name of 114 -- 23 1114 -- 1144 -- it's only four numbers; I mean, how many 24 times can I get it wrong? -- 1144 in Precinct 2 would be 25 changed to Hahne Road East. We have a motion and second. 43 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: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Let's also 7 do Number 12, consider and discuss authorizing 911 to 8 finalize duplicate road names and submit names to U.S. 9 Postal Service. Commissioner Letz. 10 COMMISSIONER LETZ: Yes. About, I guess, six 11 weeks ago, 911 gave us a list of all of the roads that they 12 still showed as duplicates. I think this just about takes 13 care of all of them. There might be one or two, but at some 14 point I think we need to draw the line and tell the Post 15 Office that, you know, we're done and we -- to get these 16 changed out of sequence, as they've agreed to do. And then 17 any others, we'll just -- and there's going to be more, we 18 know, when we start, you know, going through each area. 19 We'll do those as we get to them, as each area is finalized. 20 But I think we just need to get it done, so I make a motion 21 that we authorize 911 to finalize duplicates road names and 22 to submit names to U.S. Postal Service. 23 COMMISSIONER GRIFFIN: Second. 24 JUDGE HENNEKE: Motion by Commissioner Letz, 25 second by Commissioner Griffin, that the Court authorize 911 44 1 to finalize duplicate road names and submit same names to 2 U.S. Postal Service for readdressing. Any questions or 3 comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: Opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Okay. We may have time to 8 take up the Sheriff's item here. Item Number 13, consider 9 and discuss authorizing Kerr County Sheriff's Department to 10 apply to the Peterson Foundation for grant to purchase a 11 TouchPrint 2000 Live Scan system. Sheriff Hierholzer. 12 SHERIFF HIERHOLZER: There's a place in there 13 you'll have to sign. What this is, Judge, is trying to 14 consolidate, keep us from having to do ink-rolled 15 fingerprints and things like that. We discussed a lot of 16 this type of stuff back during the technology meeting. It 17 will -- if we're able to acquire this grant, it will allow 18 us to purchase the A.F.I.S. Live Scan machine and that for 19 the jail, which is where inmates coming in will be 20 fingerprinted by computer on a Live Scan. The prints will 21 be automatically transferred to D.P.S. and FBI through 22 computer, instead of having to mail them and everything. It 23 also will do an A.F.I.S., which is -- or hook us into 24 A.F.I.S., which is any unsolved crimes that we have where we 25 have unknown prints and we don't have anybody to compare 45 1 them to, you can submit them through this machine and it 2 will compare those prints with everybody's in the United 3 States that's ever been printed. It will also allow us -- 4 'cause we get more and more of it, people coming in, giving 5 false identities and that, and not finding out about it 6 until later. It will allow those to be submitted 7 immediately, same as we would do the other things once on 8 this, and will come back with a confirmation on who that 9 person is. It will give us the opportunity to solve a lot 10 more crime, identify a lot more people, keep people from 11 giving false identities and getting away with it for months. 12 And in inked fingerprint deals, what normally 13 happens is you have -- jailers have to take their 14 fingerprints and everything on a card. Those prints are 15 then mailed in to D.P.S., and if those prints aren't exactly 16 correct, they get rejected, because D.P.S. does it by 17 computer. When they get rejected, they get sent back to 18 you. When they get sent back, half the time the people are 19 already out of jail, so you have no way of retaking their 20 prints. And, consequently, you end up with a lot of crimes 21 that do not go on their criminal records, because D.P.S. 22 puts them all on by prints. So, we're asking to apply for 23 this grant, which covers the cost of that, which is in the 24 packet. 25 COMMISSIONER GRIFFIN: The grant would cover 46 1 all the costs? 2 SHERIFF HIERHOLZER: Yes. 3 COMMISSIONER LETZ: I -- I have a general, I 4 guess, comment. I think it's a great system, and I'm in 5 favor of the County, you know, pursuing getting that, the 6 equipment that Rusty's requesting. I have two concerns -- 7 or comments. One is that it's a local foundation, Hal and 8 Charlie Peterson Foundation, and they've been very good to 9 the County and to a lot of other entities. And my concern 10 comes with -- with the Court not taking a -- I don't know, 11 looking at all possible requests at one time. I think it's 12 a -- you know, I have not talked to any of the trustees or 13 to Mr. Mosty about it, but my gut feeling is that we don't 14 want to go to that foundation just on a real regular basis. 15 And we haven't so far. But I also see that, by allowing the 16 Sheriff to go, we're basically -- and we've done this in the 17 past, but opening the door for every other department to go 18 to that foundation for funding items that are not funded in 19 the budget. And this one hasn't been asked for in the 20 budget, I don't believe, up to now. And I'm just -- I want 21 to make sure we don't abuse the relationship with the 22 Peterson Foundation. That's my only comment. I mean, I 23 think this is certainly a worthwhile one to go for, but it's 24 also one that the County hasn't looked at to fund itself. 25 Through the budget, anyway. I don't think we -- it was in 47 1 last year's budget. 2 SHERIFF HIERHOLZER: I think it was talked 3 about, but it wasn't ever gotten down to really considering 4 it because of the expense of it. It is expensive. 5 COMMISSIONER LETZ: Right. 6 SHERIFF HIERHOLZER: The only -- and I 7 understand your concerns. This would be the second grant 8 since I've been in office that we asked for from Hal 9 Peterson Foundation. And they did -- did award -- award us 10 the first one, which was video cameras in the cars, which is 11 -- was also a great expense. The only way I know of -- 12 there's not very many grants out there that I have been able 13 to find yet, and this is something that has been talked 14 about with the Court on numerous occasions, that do not 15 require a match of -- a funding match of some sort. And 16 hopefully in this coming budget, that will be something that 17 I'll talk about strongly to the Court and see if there's any 18 way the County can put back some money somewhere in some 19 special fund for being able to match grant applications, 20 'cause the grants are out there. And -- and I think, at 21 least in our department, probably county-wide, I think we 22 can make great strides in getting up to date using grants, 23 but we don't have the matching fund capability at this time, 24 even if it's a 25 percent match. 25 COMMISSIONER GRIFFIN: I think one of the 48 1 things that maybe alleviates some of your concerns, 2 Jonathan, would be that most foundations, Peterson 3 Foundation notwithstanding, is -- are very, very careful in 4 evaluating grant requests on a case-by-case basis. So, even 5 if you gave them a whole bunch at once, every individual 6 grant has to stand on its own. It's just the way they 7 operate, and so I don't think there's any particular problem 8 going for this one, as opposed to holding it back, for 9 example, for something that we might think is more 10 advantageous to the County to go for. So, I think that the 11 request process sort of takes care of that. And most 12 foundations are very critical, and the individual requests 13 have to stand on their own anyway. 14 COMMISSIONER LETZ: I agree with that, but I 15 also -- from working with the Peterson Foundation, their 16 generosity with a lot of other grants in the community, they 17 have a tendency to not want to fund the same entity over and 18 over again on an annual basis. I mean, they look at, you 19 know, every year. Every couple of years is acceptable, and 20 they're very glad to do it. And you're right, they will 21 certainly look at this under their own board and they'll 22 make their decision, regardless of what -- what this Court 23 decides to submit or not submit. 24 COMMISSIONER GRIFFIN: The point is, we make 25 it known now, and that's -- 49 1 COMMISSIONER LETZ: But it's just -- you 2 know, it's -- I'm not going to say we shouldn't do this one, 3 but I think that at some point -- and I'll certainly do this 4 personally, because I know a lot of those individuals very 5 well. I want to visit with them and find out if they have a 6 problem with the way the County's doing it right now by kind 7 of submitting one by department, and not submitting them 8 really -- you know, kind of looking at them and -- I don't 9 know what other option we have, necessarily, in that we 10 haven't gone to the Peterson Foundation for very many grants 11 in the past. And I think law enforcement is certainly a 12 good one; I think this is a good system, but I just think we 13 need to be very careful that we don't abuse this privilege 14 that we have with a generous foundation in this community. 15 SHERIFF HIERHOLZER: I agree with you 100 16 percent on that part. But my other philosophy is, we won't 17 get what we don't apply for. And if we don't at least try 18 to get grants to help fund some of this stuff that we really 19 do need -- I mean, they may say no, you know, but I feel we 20 need to apply for the ones that I can apply for. I can't 21 apply for ones that have matching funds at this time, but I 22 do think -- and this is the -- I've been in office since 23 April of 2000; it's the second time that we have gone to the 24 Peterson Foundation. And during the first time that we went 25 to them, they expressed gratitude that the -- that we -- or 50 1 the County or Sheriff's Office, at least, did come to them 2 with a -- with a very logical, very good grant application. 3 And -- 4 COMMISSIONER LETZ: And generally they're 5 very glad to do it. I just don't want to get into a 6 position where, all of a sudden, the District Clerk and 7 County Attorney are all coming to us for grant requests to 8 Peterson Foundation, and -- because I'm not going to be very 9 inclined to give more than one a year, a request, unless 10 there's a very, very good reason or I have, you know, talked 11 to some of the board members over there. Because I think 12 that -- I just don't want to abuse that foundation. And I 13 don't know -- I don't think they will allow us to abuse 14 them, but at the same time, I just don't want to get kind of 15 a bad relationship working with that group. 16 COMMISSIONER WILLIAMS: I think I agree with 17 the Sheriff, and the last comment I think is really sort of 18 key to it. They're not going to allow us or anyone else to 19 abuse it. If you looked at the printed reports that they 20 had in the paper here recently, it shows the diversification 21 of their funding, and they -- they spread their money 22 around, and very well, so I'm supportive of it. 23 COMMISSIONER BALDWIN: My question is, 24 Sheriff, is there a -- is there -- my first glance at this, 25 there is actually some equipment that has to be maintained. 51 1 SHERIFF HIERHOLZER: Yes. 2 COMMISSIONER BALDWIN: Is there a maintenance 3 contract involved in this, and how do we pay for this? 4 SHERIFF HIERHOLZER: Until we actually know 5 where to get it and purchase the equipment, that I really 6 don't know, Commissioner. On what the actual maintenance 7 is, it would be more of a repair-type deal on that equipment 8 if it broke down. I don't know. There's not a lot of 9 equipment other than the Live Scan machine itself, the 10 computer that -- that does accept those prints and transmit 11 them to Austin. Now, this -- this is something -- I know of 12 several agencies that have it, and my biggest deal on this 13 equipment is, I feel it's something that, especially 14 nowadays, with a lot of the frauds that are going up and the 15 false identities and unsolved crimes, where you can solve a 16 lot by use of fingerprints if you have a database to compare 17 those prints to. You have to -- the only way we solve them 18 by prints right now is either having a known suspect in 19 them, where we can compare his to that print, or you just -- 20 you have to be able to have somebody to compare it to. This 21 way the machine, and through Austin and through A.F.I.S., 22 compares to it everybody, kicks out the certain ones and 23 they do it. We have used Austin's A.F.I.S. system where 24 they drive the prints up there, you know, themselves and get 25 them to submit them through A.F.I.S. 52 1 But one of the real keys is, I've seen more 2 and more over the last several years people coming in and 3 giving false identities, or now that D.P.S. has gone to a 4 computerized fingerprint system, the more and more prints 5 that you actually take from a suspect or from a convicted 6 person getting rejected is a lot higher. And then those 7 don't go on that person's criminal history, which can affect 8 future crimes that he does, on sentencing and things like 9 that. It's something that I think every agency in the state 10 ought to have -- or in the nation ought to have, to be able 11 to electronically submit these. I had our Jail 12 Administrator and our training officer up at Denton County 13 last week, and they looked at theirs. They have the 14 A.F.I.S. machine also, and the Live Scan machine. 15 COMMISSIONER LETZ: Rusty, I think -- go 16 ahead. 17 COMMISSIONER BALDWIN: Well, my -- just a 18 simple question. So it goes -- it checks the system that 19 D.P.S. has? 20 SHERIFF HIERHOLZER: Yes. 21 COMMISSIONER BALDWIN: And it checks the 22 system that -- with the FBI. Now, does FBI -- does that -- 23 is that the N.C.I.S. or -- 24 SHERIFF HIERHOLZER: Well, not N.C.I.C.; 25 that's on other things. The FBI have a fingerprint database 53 1 of everybody that was ever arrested in the United States for 2 any offenses. Because when we take black and white or inked 3 prints, we send a copy to D.P.S. Austin -- we send two 4 copies, and then they send one on to the FBI so it goes in 5 the main United States database. Okay? D.P.S. Austin has 6 their own print database; they're on A.F.I.S. system. And 7 then the F.B.I. have the major ones for all of the United 8 States, where you do the comparisons, and that's what it 9 does. 10 COMMISSIONER BALDWIN: So, you're going to 11 catch the bad guy here one way or another -- 12 SHERIFF HIERHOLZER: Right. 13 COMMISSIONER BALDWIN: -- in this thing. 14 SHERIFF HIERHOLZER: If he left prints 15 behind, we're going to catch him. If his prints are on 16 file, we're going to get his true identity. If -- if he's 17 committed a crime and -- and you're just trying to get them 18 onto his criminal record, you're going to be assured of 19 getting them on his criminal record. 'Cause you can see the 20 print, and it actually goes by the guidelines and everything 21 before it's ever transmitted, to know it's accepted at that 22 time, and not wait to get a rejection. 23 COMMISSIONER LETZ: One last question for 24 you, Rusty. 25 SHERIFF HIERHOLZER: Sure. 54 1 COMMISSIONER LETZ: The Judge assumes it's 2 going to be a quick one. Going back to Commissioner 3 Baldwin's first question about maintenance and ongoing 4 costs, I think it's unrealistic to think that we're not 5 going to have ongoing costs related to upkeep of this 6 equipment. I mean, every computer we have has pretty high 7 maintenance costs, so -- you know, and I think you'll 8 probably get this approved, and assuming that the Peterson 9 Foundation approves it, you're going to have to find in your 10 current budget, without an amendment, to get any kind of 11 repair done to this equipment. I mean, that's kind of one 12 of the -- you know, the concerns, but I just want you to be 13 aware that just because -- in my opinion, anyway -- I vote 14 for this doesn't mean that we're going to give you a budget 15 amendment to find -- you're going to have to cut somewhere 16 else to get the repair and the maintenance costs, at least 17 in this year's budget. 18 SHERIFF HIERHOLZER: I agree. 19 COMMISSIONER LETZ: I make a motion we 20 approve the grant request as submitted. 21 COMMISSIONER GRIFFIN: Second. 22 JUDGE HENNEKE: Motion by Commissioner Letz, 23 second by Commissioner Griffin, that the Court authorize the 24 Kerr County Sheriff's Department to apply to the Hal and 25 Charlie Peterson Foundation for a grant to purchase the 55 1 TouchPrint 2000 Live Scan system, and authorize County Judge 2 to sign same. Any questions or comments? If not, all in 3 favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. 8 SHERIFF HIERHOLZER: Thank you. 9 JUDGE HENNEKE: At this time, we have 10 scheduled for consideration -- actually at 9 o'clock -- a 11 public hearing -- 12 COMMISSIONER GRIFFIN: 10 o'clock. 13 JUDGE HENNEKE: 10 o'clock, thank you. I'm 14 having trouble with numbers today. Public hearing 15 concerning the cancellation of Vista Ridge Estates, which is 16 in Precinct 2. At this time, we will recess the Kerr County 17 Commissioners Court meeting and open the public hearing. 18 (The regular Commissioners Court meeting was closed at 10:09 a.m., and a public hearing 19 was held in open court, as follows:) 20 P U B L I C H E A R I N G 21 JUDGE HENNEKE: Is there any member of the 22 public who would like to address the Court on the issue of 23 cancellation of Vista Ridge Estates? 24 (No response.) 25 JUDGE HENNEKE: Once again, is there any 56 1 member of the public who would like to address the Court on 2 the issue of cancellation of Vista Ridge Estates? Third 3 time's the charm. Is there any member of the public who 4 would like to address the Court during this public hearing 5 on the issue of the cancellation of Vista Ridge Estates in 6 Precinct 2, Kerr County? Seeing none, I will declare the 7 public hearing closed, and reconvene the meeting of the Kerr 8 County Commissioners Court. 9 (The public hearing was concluded at 10:10 a.m., and the regular Commissioners Court 10 meeting was reopened.) 11 - - - - - - - - - - 12 JUDGE HENNEKE: The next item for 13 consideration is Item Number 7, consider the cancellation of 14 Vista Ridge Estates in Precinct 2. Commissioner Williams. 15 COMMISSIONER WILLIAMS: Mr. Johnston, is 16 there anything new that we need to know from the last time 17 we put this under advisement? 18 (Mr. Johnston shook his head negatively.) 19 COMMISSIONER WILLIAMS: Okay. I would move 20 that we approve the cancellation of Vista Ridge Estates, 21 which is contained in Volume 7, Page 14, located in 22 Precinct 2. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Baldwin, that the Court 57 1 cancel the Vista Ridge Estates Subdivision, as found in 2 Volume 7, Page 14, located in Precinct 2, Kerr County, 3 Texas. Any questions or comments? If not, all in favor, 4 raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Also 9 scheduled for 10 o'clock is the opening of sealed bids on 10 the following items for the Road and Bridge Department: 11 base for Sheppard Rees, lease on 924 loader, and the annual 12 bids on base material, cold mix, back base, paving 13 aggregate, asphalt emulsion oil, and corrugated metal pipe. 14 Do we have the bids there? 15 (Discussion off the record.) 16 JUDGE HENNEKE: We're going to take a 17 15-minute break and return promptly at 10:30, and we'll 18 announce the bids, and then we'll go directly into the 19 public hearing on the vacation of Moore Road, and then 20 proceed with the agenda. So, rather than have y'all sit 21 here and wait while I open bids, we'll take a 15-minute 22 break. 23 (Recess taken from 10:15 a.m. to 10:30 a.m.) 24 - - - - - - - - - - 25 JUDGE HENNEKE: Okay. Let's reconvene this 58 1 meeting of the Kerr County Commissioners Court. The next 2 item for consideration is Item Number 9, which is a public 3 hearing concerning abandoning, discontinuing, and vacating 4 Moore Lake Road in Precinct 4. So, we will recess this Kerr 5 County Commissioners Court meeting and open a public 6 hearing. 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, discontinuing, and vacating Moore Lake Road in 13 Precinct 4? 14 (No response.) 15 JUDGE HENNEKE: Is there any member of the 16 public who would like to address the Court on the topic of 17 abandoning, vacating, and discontinuing Moore Lake Road 18 located in Precinct 4? 19 COMMISSIONER BALDWIN: Am I a member of the 20 public, or am I a member of the Court? I've got a question. 21 JUDGE HENNEKE: You're a member of the Court. 22 Take it up when we take up the item. 23 COMMISSIONER BALDWIN: Oh, yeah. 24 JUDGE HENNEKE: Is there any member of the 25 "public" public who would like to address the Court on the 59 1 issue of abandoning, vacating, and discontinuing Moore Lake 2 Road in Precinct 4? Seeing none, I'll declare the public 3 hearing closed and reconvene the Kerr County Commissioners 4 Court meeting. 5 (The public hearing was concluded at 10:32 a.m., and the regular Commissioners Court 6 meeting was reopened.) 7 - - - - - - - - - - 8 JUDGE HENNEKE: The next item for discussion 9 is Item Number 10, which is for the Court to consider and 10 discuss abandoning, discontinuing, and vacating Moore Lake 11 Road in Precinct 4. Commissioner Griffin? 12 COMMISSIONER GRIFFIN: Well, I'll defer to my 13 colleague at the other end of the table, get his question 14 first. 15 COMMISSIONER BALDWIN: Well, thank you, 16 Commissioner Griffin. I'd like to ask this question first 17 as a taxpayer of Kerr County, and secondly as a member of 18 this distinguished Court. I'd like to know exactly the 19 length of that road. Where -- is it -- does it end in the 20 middle of that creek? In the middle of the dam? Or, you 21 know, if we -- I think we need to have some kind of little 22 description in there when we -- when we do this, of the -- 23 and I know that there's a length. It's been measured 9, 10 24 million times. 25 MR. JACKSON: May I approach? The -- we've 60 1 submitted a form of an order, but let me start over here and 2 then I'll come over there. But this is Fisher Road, and the 3 surveyor has described from this point to this point and all 4 the way up. This is the entire road as it now exists by 5 document, signed back when the Eastlands and the Moores did 6 this, and you're -- you're abandoning the entire plat. 7 COMMISSIONER BALDWIN: I see. 8 MR. JACKSON: So, the length, while I can sit 9 here and sort of eyeball it, it's several thousand feet. 10 COMMISSIONER BALDWIN: So, it's not just -- 11 it seemed like to me that we maintained just to the middle 12 of the creek somewhere, but -- 13 MR. JACKSON: What you've been historically 14 doing is maintaining all the way up to the entrance, but 15 when there was a washout, you've only maintained to the 16 washout. The -- and the washout occurred in '98 -- 17 COMMISSIONER GRIFFIN: '98. 18 MR. JACKSON: -- I believe, yes. 19 COMMISSIONER GRIFFIN: And it is a washout. 20 MR. JACKSON: Yeah. It's -- 21 COMMISSIONER GRIFFIN: It's Grand Canyon. 22 We're talking -- 23 MR. JACKSON: Let me slide over here. 24 COMMISSIONER BALDWIN: And you're abandoning 25 the whole thing? I mean, that's -- 61 1 COMMISSIONER WILLIAMS: Washout and all. 2 COMMISSIONER GRIFFIN: Because all of the -- 3 both landowners that -- this is a little bit like the 4 subdivision thing we talked about. Everybody says this is 5 what they want to do, so -- 6 MR. JACKSON: And the reason it's in segments 7 was because there were different deeds from different owners 8 and families at different times, and the survey is just 9 trying to identify that. 10 COMMISSIONER BALDWIN: Was this a -- was this 11 established by Mr. Moore when he was a County Commissioner 12 out there? 13 MR. JACKSON: I don't know. 14 COMMISSIONER BALDWIN: Well, I guess the real 15 question is, established by Camp Mystic and the Moores, and 16 seems like there was another partner in all that. 17 MR. JACKSON: No, it's just the two families. 18 COMMISSIONER BALDWIN: Just those two? 19 MR. JACKSON: Actually, it was Agnes Stacy. 20 COMMISSIONER BALDWIN: Right. 21 MR. JACKSON: But, I mean, that's all -- it 22 was a compromise to eliminate public access to the Moore 23 property through Camp Mystic. 24 COMMISSIONER BALDWIN: Yeah, mm-hmm. Cool. 25 JUDGE HENNEKE: Any other questions or 62 1 comments? 2 COMMISSIONER GRIFFIN: I'll make a motion 3 that the Court abandon, discontinue, and vacate Moore Lake 4 Road in Precinct 4. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE HENNEKE: Motion by Commissioner 7 Griffin, second by Commissioner Baldwin, that the Court 8 abandon, discontinue, and vacate Moore Lake Road in Precinct 9 4. I'll remind everyone, this takes a unanimous vote. Any 10 other questions or comments? If not, all in favor, raise 11 your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE HENNEKE: All opposed? 14 (No response.) 15 JUDGE HENNEKE: Let the record reflect that 16 the motion was adopted unanimously. Okay. The next item 17 which we'll take up is to open the -- the bids which were 18 received on the various items for Road and Bridge 19 Department. And, in the interest of time, I'm going to move 20 through these rather quickly. We tried to organize them in 21 hopefully some rational fashion here. That remains to be 22 seen. We'll start off with what I believe are the bids for 23 the wheel loader, and we have a bid from Holt representing 24 Caterpillar. 25 (Discussion off the record.) 63 1 JUDGE HENNEKE: We also have a bid from 2 Anderson Machinery in San Antonio. On the request for base 3 material for Sheppard Rees, we have a bid from Clint G. 4 Reeves, 783 Johnson Drive in Kerrville. We have a bid from 5 Lucky 3 Materials in Center Point. We have a bid from James 6 D. Reeh, R-e-e-h, in Comfort, representing the 7 Reeh-Schneider Quarry. We have a bid from Bedrock Materials 8 Limited in Center Point, and we have a bid from Wheatcraft, 9 Inc., Kerrville. On the asphalt emulsion oil, we have a bid 10 from Koch Materials out of Austin, K-o-c-h. We also have a 11 bid from Ergon Asphalt and Emulsions, Inc., also from 12 Austin. We have a bid from G.S. -- G.S.A.C., Gulf States 13 Asphalt Company, from south Houston. Again, this is on the 14 asphalt emulsion oils. Okay. We have another bid for the 15 one-wheel loader, and it's from Waukesha-Pearce Industries, 16 Inc., from San Antonio. For corrugated metal pipe, we have 17 a bid from Walters Building & Supply out of Fredericksburg, 18 and we also have a bid from Wilson Culverts, Inc., from 19 Elkhart, Texas. On the hourly equipment, we have a bid from 20 Edmund Jenschke in Kerrville. We have a bid for Schwarz 21 Construction Company in Kerrville. We have a bid from Bobby 22 Jenschke, Jr., in Kerrville, and we have a bid from M.P.H. 23 -- M.P.B., excuse me. M.P.B. in Kerrville. 24 In the category of base materials, we have a 25 bid from Lucky 3 Materials in Center Point. We have a bid 64 1 from Clint G. Reeves in Kerrville. We have a bid from 2 Rountree Materials, also in Kerrville. We have a bid from 3 Drymala Sand and Gravel out of Comfort. We have a bid from 4 Bedrock Materials Limited, which also has a bid for the hot 5 mix, cold laid asphalt. We have a bid from Reeh-Schneider 6 Quarry in Comfort. We have a bid from Sand Mill, Inc., 7 under the paving aggregates category. We have a bid from 8 Wheatcraft, Inc., again for paving aggregates. We have a 9 bid from Vulcan Construction Materials, L.P., in San 10 Antonio. This is for hot mix, cold laid asphalt, as well as 11 a bid for paving aggregates. We have a bid for hot mix, 12 cold laid asphalt submitted by Smyth Mines, L.L.P., out of 13 Uvalde, and we also have a bid from the same company for 14 paving aggregates. Then we have a bid from Tiger Asphalt 15 Sales, Helotes, Texas. This is a bid for emulsion oils. 16 That's it. 17 COMMISSIONER BALDWIN: It's a good group. 18 JUDGE HENNEKE: This is by far the most 19 response we've had -- ever had in one of our bid packages. 20 That's great. The Road and Bridge Department informed me 21 during our break that they would be prepared to make a 22 recommendation at our next meeting on the 25th. So, at this 23 time, I believe we need a motion to accept all of the bids 24 and refer them to Road and Bridge Department for 25 recommendation. 65 1 MR. JOHNSTON: I had a question. Don't we 2 actually need to read out all the bid numbers in public? 3 That's the way we advertise -- I advertised it. It said 4 bids will be opened publicly, read aloud. "Bids," not the 5 bidders. Some of them, I think maybe the audience want to 6 know how they rank. 7 JUDGE HENNEKE: Well, if that's how we 8 advertised it, that's how we'll do it, but we're going to 9 defer this, then, until we get through some other business. 10 But, okay. We'll read back through them after we get down 11 the road some. 12 COMMISSIONER LETZ: Should we give them to 13 Truby to let her put a spreadsheet together, and then we can 14 just read off the spreadsheet? 15 JUDGE HENNEKE: She won't have a spreadsheet 16 ready today. 17 MS. HARDIN: I can just go back down there 18 and write them down for you if you want me to. 19 JUDGE HENNEKE: I don't think we should do 20 that. If we're going to read the numbers aloud, we need to 21 get it from here before they pass our hands. 22 COMMISSIONER LETZ: Okay. 23 JUDGE HENNEKE: Okay. Next item for 24 consideration is Item Number 15, consider and discuss 25 agreement between Kerr County and Hill Country Junior 66 1 District Livestock Show Association. Commissioner Letz. 2 COMMISSIONER LETZ: Believe it or not, we're 3 getting closer to getting a new agreement with the Hill 4 Country Junior District Livestock Show Association. But 5 last time I met with that board, Commissioner Williams, I 6 don't believe, was present at that meeting, and he and I 7 have been doing most of these together. The issue came 8 up -- and I'll refer everyone to the package and the Court 9 Order 21903 on the top of the second page. The first full 10 paragraph reads, "Hill Country District Junior Livestock 11 Association will receive 33 percent of rental fees collected 12 on the new portion of the arena." And that became a -- a 13 question that I was asked relating to that provision at our 14 meeting, and I didn't feel that we have discussed that 15 specifically enough to for me to give feedback to the Hill 16 Country District Junior Livestock Show Board. And the 17 reason is -- the question is, what happens in the future 18 with that 33 percent? At the moment -- and there was also a 19 question, I might add, as to actual accounting since 1994, 20 to make sure that everything has been paid on all the 21 rentals of the facility, and also of tables and chairs, 22 which are another provision, and all those have been made, 23 and they are satisfied that we are current. But the 24 question comes, you know, what do we do in the future? This 25 -- the original court order was very vague as to -- it 67 1 didn't have any length of time. It said that Kerr County 2 would do certain things and the Stock Show Association would 3 do certain things. Those things have been done by both 4 parties. The County has done far more than was envisioned, 5 I think, at that time already out there, and if we undertake 6 whatever avenue in the future, whether we put a bond issue 7 before the public or just make major repairs out there, 8 that's something that really wasn't contemplated in this 9 court order. So I think I just need direction from the 10 Court -- or Bill and I need direction from the Court as to, 11 do we say that we're not going to give them that any more, 12 their percentage, or what do we do on that provision? And I 13 might make one other comment. The reason for that provision 14 was to give the Association some funding which goes back 15 into the community through their scholarships, and also was 16 a way, I think, of recognition that that facility was given 17 on -- well, the construction of that facility was done by 18 members of that association, primarily, and without using 19 County funds, and it was a way for them to recoup some of 20 that investment. 21 COMMISSIONER BALDWIN: They still -- they 22 still own the pens and a couple of items out there. I can't 23 remember. 24 COMMISSIONER LETZ: I believe they own the 25 pens, and I believe that's it. We've bought everything 68 1 else. 2 COMMISSIONER WILLIAMS: I think just the 3 pens. 4 COMMISSIONER BALDWIN: The pens. And when we 5 have a function out there, outside of them, and we use those 6 pens, we -- we act as if those pens are ours. Do we pay 7 them rental or use of -- of their pens that they own? 8 COMMISSIONER LETZ: I can't answer that 9 question. It's the -- you know, and I think that the pens 10 might -- my gut feeling is, by talking with Tommy about this 11 and the way the money has been booked, that that gets 12 included with the rental of the facility, but I'm not 13 positive on that. But I believe that when -- when we -- say 14 the Cutting Association leases that facility and they use 15 the pens. I believe they just get a -- a flat percentage of 16 the total amount that, you know, we charge the Cutting 17 Association. 18 COMMISSIONER WILLIAMS: I think that's the 19 way it works. And in the past the tables and chairs were 20 part of that; since we've purchased the tables and chairs, 21 that's no longer a part of that. 22 COMMISSIONER LETZ: While we're on the pens, 23 there's another point on that. Currently, under the draft 24 agreement that's also enclosed, it says under the 25 provision -- I won't necessarily read it, but it says that 69 1 the County will be responsible for any damage to those pens 2 that are used when we rent, whether we rent the facility or 3 when we provide them to somebody. The question came up in 4 the agreement, what about when they wear out? Who replaces 5 them? And some members of the board think that that means 6 they're damaged and we replace them and give it back to 7 them. I told them that I have a different point of view; 8 that there's a certain life expectancy of those pens, and 9 when that life expectancy is up and they're replaced, if the 10 County replaces them, the County owns them. I said I don't 11 think we legally could probably buy them and give them to 12 them, but if they're damaged, then I don't have a problem 13 with us having to repair the damage or fix them, which is 14 what the agreement says. But I think -- and I think that 15 needs to be addressed and made more clear in the actual 16 agreement, that we would -- at the time they're replaced -- 17 and I think we should probably, so there's no confusion, 18 specify when that period is. After a certain point, or 19 past, you know, 2010 or whatever, any repairs or 20 replacements, then the County owns them at that point. 21 But -- 22 COMMISSIONER BALDWIN: That paragraph says 23 that they own the pens. We use them at no cost. If they're 24 damaged, we pay for it. And so we need to add another 25 caveat or two -- 70 1 COMMISSIONER LETZ: Right. 2 COMMISSIONER BALDWIN: -- to that, to -- to 3 include those issues you're talking about. 4 COMMISSIONER LETZ: Yeah. And I think that 5 it's -- you know, we're pretty much in agreement, I think, 6 on that provision; that's not a sticking point. The only 7 possible sticking point is the 33 percent rental provision. 8 And what we do -- and I think, to get it moving -- I mean, a 9 recommendation I would have is that nothing's going to, 10 clearly, happen out there in a major way probably in the 11 next year or two years. I think that we should phase that 12 out. You know, pick some date that we can agree on with 13 them, and say after such-and-such point in time, you know -- 14 2005, to throw out a number -- they would no longer receive 15 that 33 percent after that date. And I think they may want 16 a provision that we're going to make some major improvements 17 out there, which we get into a difficult area, because we 18 don't know what we're going to do out there yet. I mean, 19 we're certainly looking at a couple of -- or one option, 20 which would require putting it before the voters. If that 21 doesn't happen or the voters don't approve it, I still think 22 that we're going to be obligated to make some significant 23 repairs out there, just out of budget or somewhere. I don't 24 know how we'd fund it. But I think it would be cleanest to 25 set a date in the future and say, up to that point you get 71 1 the 33 percent; after that -- 2 COMMISSIONER BALDWIN: You know what? I just 3 can't -- I just can't get my mind around if we're -- and 4 that's the reason I brought up the pens. You know, if we're 5 not leasing or renting their pens, if we're not getting 6 something in return for that 33 percent, I don't get it. I 7 mean, we're just giving some organization some money for 8 funsies, almost. I'm not trying to belittle -- it's just 9 the way it looks like to me, unless we're renting these 10 pens. 11 COMMISSIONER GRIFFIN: They produce other 12 income. 13 COMMISSIONER LETZ: Well, I think the -- it 14 goes back to the -- on how we obtained ownership of the 15 facility, and it's just -- we're paying a fee to them for 16 their past goodwill. That's really what it is. The 17 rental -- and the reason the Association wants to keep the 18 pens, because the pens are vital to their putting on the 19 stock -- putting on the stock show, and they feel that -- 20 you know, not that I agree with their point of view on this, 21 but they feel that it gives them a better position, if 22 something were to happen and they couldn't use that 23 facility, that they would at least have pens to go somewhere 24 else, and that's why they want to keep the pens. And, you 25 know, that's what they choose. I mean, I think Bill and I 72 1 have said that the County's preference would be to figure 2 out a way to buy those from them, but up to now they have 3 chosen that they don't like that option, and it's up to 4 them. So I agree, it is kind of a -- it's -- the agreement 5 was written in 1994, and a lot's happened since then, but it 6 is the current agreement and it is what the County is 7 currently doing by giving them 33 percent every time we rent 8 that arena. I just need to have direction -- Bill and I 9 need to have direction to go back to them. And we can say 10 no, the deal's off today. It's whatever we decide, but it 11 wasn't something that I was willing to make the call on. I 12 think it's -- the full Court needs to decide this. 13 COMMISSIONER GRIFFIN: Question. Do we 14 know -- does anybody still have the cost figures for the 15 counties -- what they cost and how much has been reimbursed 16 at the 33 percent rate? So that there may be some logic in 17 figuring out, if it costs "X" number of dollars, and "X" 18 number of dollars has been paid or will be paid by Year 19 such-and-such, that would cover those costs, maybe that's a 20 legitimate time to consider or propose that the payment end. 21 COMMISSIONER LETZ: In talking with Tommy, 22 the revenue -- we were -- originally, we were getting 23 revenue from lots of different sources, and this was being 24 divided up differently, which we've cleaned up a lot. I 25 don't know that they can go back and split out the pens by 73 1 themselves. I don't think they can. 2 COMMISSIONER WILLIAMS: I think that reports 3 that Tommy gave us would indicate that if there was a fee 4 charged for the pens to some other organization, it's buried 5 in the general category of rental revenue. 6 COMMISSIONER LETZ: 'Cause I think it was 7 kind of -- the money all came in, and then they were given a 8 percentage back out. 9 COMMISSIONER WILLIAMS: Which I think they're 10 adequately providing in the new agreement in terms of the 11 future, though. When we talked about the -- the agreement 12 also included no charge for use, or the -- we give them -- 13 there is no charge for use, rental, utilities, assistance 14 provided by Kerr County employees, and all other related 15 fees normally charged for the said use of the facility. 16 Which, to me, says that the pens -- that Kerr County has the 17 ownership of them, ultimately. We're going to get to use 18 those. We have the responsibility for replacement, repair. 19 JUDGE HENNEKE: I like your idea of phasing 20 out the 33 percent in 2005 -- at the end of 2005, which -- 21 or probably at the start -- I don't know if we need it at 22 the start or the end, but either way, I think that's a good 23 way to do it, and I am not -- I would not be opposed to 24 allowing them to collect separate rental on the pens after 25 that date, because they do own the pens. But then they have 74 1 to -- need to understand that -- that not only do they have 2 to maintain the pens, but they have to provide the pens. I 3 mean, I think that's a very equitable way to do it. We pay 4 you the 33 percent through the end of calendar year -- or 5 end of Fiscal Year 2004/2005 would be better for the County. 6 COMMISSIONER LETZ: Right. 7 JUDGE HENNEKE: And after that, you may 8 charge a separate fee for use of your pens. 9 COMMISSIONER LETZ: The reason I picked 2005 10 is purely arbitrary. It doesn't tie to anything, except 11 that we will probably be doing something out there on a 12 renovation standpoint by then, and hopefully finishing up by 13 then. 14 COMMISSIONER WILLIAMS: Judge, I'm not so 15 sure I agree with the point you're making about -- about 16 another organization continuing to own a segment of 17 equipment that is used time after time after time. If we 18 have the full responsibility out there, then I think we 19 should probably own it. I think you make the same argument 20 for the pens as we made for the horse stalls. It made more 21 sense for us to own the horse stalls and lease those out and 22 take that revenue in as part of the whole package. I think 23 you need to make the same argument in terms of the pens. I 24 don't know that it would be such a herculean task to 25 establish the fair market value of the pens today, given the 75 1 cost when they were purchased, and assess some factor for 2 depreciation. I also think we could incorporate into -- 3 into the new agreement some kind of a caveat that says, in 4 effect, that if they -- if they, for whatever reason, are 5 not able to use the facility for Hill Country Junior 6 District Livestock Show, they would have, gratis, the use of 7 the pens at such location off premises; I don't think that's 8 difficult to take care of. 9 COMMISSIONER LETZ: We can try that again, 10 but they haven't been real willing to sell us the pens. 11 COMMISSIONER WILLIAMS: I guess because 12 nobody has a feel for what they're worth. 13 COMMISSIONER LETZ: Right. And also, I think 14 you did bring up a new point, that if the County owned them, 15 that we could put in the agreement that they would have use 16 of them at any location. That might clean that up for them. 17 COMMISSIONER BALDWIN: What is the definition 18 of "pens," though? You know, I mean, we're talking about 19 goats and sheep and pigs? Are we talking about those pens 20 that are out there in the roping arena? 21 COMMISSIONER LETZ: Yes. 22 COMMISSIONER BALDWIN: Or all the above? 23 COMMISSIONER LETZ: All the above. 24 COMMISSIONER BALDWIN: I think the sheep and 25 goat and pig bunch, that's used one time a year. 76 1 COMMISSIONER LETZ: Yeah. 2 COMMISSIONER BALDWIN: And you don't -- well, 3 I don't know. There's goat shows. 4 COMMISSIONER WILLIAMS: Yeah, goat shows. 5 COMMISSIONER LETZ: I think their concern is 6 the mobile portion, I think, more, which is some of the 7 portable pens, and some of those are pig. A lot of them 8 are, like, the lamb and all of those types of pens. The 9 permanent pig pens, they realize those are permanent; they 10 can't ever move those, so it's more the portable pens are 11 what they were referring to. 12 COMMISSIONER WILLIAMS: The cattle ones, 13 'cause they're used throughout the year, cuttings and 14 ropings and things. 15 COMMISSIONER BALDWIN: I didn't think this 16 conversation would ever go as low as to talk -- start 17 talking about the pigs, but here we are. Terrible thing. 18 COMMISSIONER LETZ: So was that a -- 19 COMMISSIONER GRIFFIN: Jonathan, could you 20 maybe go back to them and -- you and Bill, and talk again 21 about some of the things we've hit on here, the proviso that 22 they would have gratis use of the pens if they did have 23 to -- for some reason, to go somewhere else, and that we 24 phase out the payment, and see what their reaction to that 25 is? 77 1 COMMISSIONER LETZ: Okay. 2 COMMISSIONER BALDWIN: By the end of '95? Is 3 that -- 4 COMMISSIONER GRIFFIN: '05. 5 COMMISSIONER BALDWIN: Not '95, I'm sorry. 6 COMMISSIONER LETZ: '04/'05. 7 JUDGE HENNEKE: '05. Try for fiscal year, if 8 you can, so we don't end up with two -- 9 COMMISSIONER LETZ: And see what they say. I 10 just wanted to let you -- kind of let the Court know where 11 we were on this. I know it's been dragging on, and it's -- 12 it has. 13 COMMISSIONER WILLIAMS: And on and on. 14 COMMISSIONER LETZ: But we're getting closer. 15 Every time we go over, there's a new provision, and this -- 16 the last meeting is when this came up, what happens with 17 this, and I really couldn't give them a good answer. All 18 right. I think that's enough of a direction to proceed. 19 JUDGE HENNEKE: Okay, good. Next item for 20 discussion is Item Number 16, consider and discuss 21 requesting that TexDOT install signs designating the 22 crossings on the North and South Forks of the Guadalupe 23 River, Highway 1340 and Highway 39, in accordance with the 24 attached drawing, and setting a public hearing on the same. 25 Commissioner Griffin. 78 1 COMMISSIONER GRIFFIN: Yes. This was 2 triggered by a request from the Schumacher sisters -- and I 3 think a copy of the letter that came to me is in the 4 packets -- Frances Andrews, Billie Zuber, and Jeannie 5 Sutton. And the idea started with an inquiry to Bill Tucker 6 by them to TexDOT on just naming Schumacher Crossing, which 7 is -- if we go back in the history books and all the 8 histories that have been written of Kerr County, it's been 9 referred to as "Schumacher Crossing" forever and ever. Bill 10 Tucker liked the idea. In fact, he liked it so much that 11 when we got together to discuss it, he said, Why don't we 12 name all of the crossings on the North and South Forks, 13 because they're good for navigation purposes if they were 14 known by a name and the name was posted. It's also good for 15 emergency services if people notice that they're near "such 16 and such" crossing and so on. 17 So, TexDOT got with our Road and Bridge 18 Department and came up with the names of all the crossings 19 that they normally use and their references, because when 20 they talk to each other and they talk to emergency services 21 and so on, the list that you see on the sketch there are the 22 names of the crossings that they generally use. There were 23 several -- and all of those have not been listed here, but 24 there were two or three crossings that had more than one 25 name, but these were the names that were generally used by 79 1 everybody. Now, some, Bill said -- Bill Tucker at TexDOT 2 says that if we will come up with a list requested of 3 TexDOT -- at no cost to the County, but he wants a request 4 from the County, because that's their policy, the way they 5 do that. At no cost to us, they will designate those names 6 and post signs on either side showing that you're coming up 7 on "so-and-so" crossing. And, in reviewing the law, it 8 doesn't appear technically that we would have to have a 9 public hearing, but as I said in the backup, I think it 10 would be a good idea if we did, just so that everybody can 11 have a shot at the names and see if they agree, disagree, 12 whatever. So, I'd like to hear some discussion, and I'll 13 make a motion. 14 COMMISSIONER LETZ: I think it's a great 15 idea. I think it's done in Bandera County, and it is very 16 -- very useful from an emergency standpoint. 17 COMMISSIONER GRIFFIN: Okay. 18 COMMISSIONER BALDWIN: I like it. It 19 preserves some good history. 20 COMMISSIONER GRIFFIN: Yes. 21 COMMISSIONER BALDWIN: 'Cause I recognize 22 some of these things from my childhood. Boneyard Crossing, 23 if you go -- get off that bridge and turn left, you'll see 24 the Guadalupe River come out of the ground right there, not 25 far from the bridge. 80 1 COMMISSIONER LETZ: Do you know why they call 2 it "Boneyard Crossing," Commissioner? 3 COMMISSIONER BALDWIN: Confidential 4 information. 5 COMMISSIONER LETZ: I thought that was it. 6 COMMISSIONER WILLIAMS: If you tell him, you 7 have to kill him? 8 COMMISSIONER BALDWIN: Yeah. You can't be 9 near as smart as I am. 10 COMMISSIONER GRIFFIN: I will make a motion, 11 then, that we -- that we request that TexDOT install signs 12 designating the crossings of the North and South Forks of 13 the Guadalupe River on Highway 1340 and Highway 39 in 14 accordance with the attached drawing, and set a public 15 hearing for same on that, which would be -- next time -- 16 could we do it next time? It's not -- 17 JUDGE HENNEKE: First meeting in April. 18 COMMISSIONER GRIFFIN: First meeting in 19 April? April 8? At 10 o'clock? 20 JUDGE HENNEKE: Do I have a second? 21 COMMISSIONER WILLIAMS: Second. 22 COMMISSIONER LETZ: Third. 23 JUDGE HENNEKE: Motion by Commissioner 24 Griffin, second by Commissioner Williams, that the Court 25 request that TexDOT install signs designating the crossings 81 1 of the North and South Forks of the Guadalupe River on 2 Highway 1340 and Highway 39 in accordance with the drawing 3 as presented, and set a public hearing on same for Monday, 4 April the 8th, Year 2002, at 10 o'clock a.m., here in the 5 Kerr County Commissioners Courtroom. Any questions or 6 comments? If not, all in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Next item is 11 Item Number 17, consider and discuss acceptance of the 12 resignation of Sheriff Hierholzer as the Kerr County 13 appointee to the 911 Board, and the appointment of a new 14 Kerr County appointee to said board. We have received from 15 the Sheriff official resignation of his position on the 911 16 Board of Directors, effective March the 1st. I was going to 17 say we appreciate the service the Sheriff has done in the 18 last year or so on that board. We understand his -- the 19 need to devote more time to other duties, so at this time, 20 I'd entertain a motion to accept his resignation. 21 COMMISSIONER LETZ: So moved. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner Letz, 24 second by Commissioner Baldwin, that the Court accept the 25 resignation of W. R. "Rusty" Hierholzer from the Kerr County 82 1 911 Board of Directors. Any questions or comments? If not, 2 all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: And, Commissioner Letz, I 7 believe you have a nominee to take Sheriff Hierholzer's 8 place? 9 COMMISSIONER LETZ: Yes. I would like to 10 nominate Mr. Charles Lewis, who's in the audience today. 11 Mr. Lewis lives in the Comfort area. I think it's important 12 to have a rural representative, because they're the ones 13 that really are most affected by 911 as we deal with it, as 14 opposed to within the city limits of Kerrville. I also 15 would like to have a representative from the eastern part of 16 the county. Mr. Lewis is a retired army colonel, has lived 17 in the Comfort area for around 10 years. He has extensive 18 administration experience with the army, also some GPS, 19 hospital. Pilot, I believe. And I think he -- I've talked 20 to him at length about it, and he seems very willing to 21 serve, and I'd like to nominate Mr. Lewis. 22 COMMISSIONER WILLIAMS: I would second that 23 nomination, with one -- but asking a question. Do you want 24 to state it, Judge, before I ask the question? 25 JUDGE HENNEKE: Okay. Motion by Commissioner 83 1 Letz, second by Commissioner Williams, that the Court 2 appoint Mr. Charles Lewis, who lives in the Comfort area in 3 eastern Kerr County, as the Kerr County representative for 4 the 911 Board. 5 COMMISSIONER WILLIAMS: My question is, 6 "Comfort area" does mean Kerr County, doesn't it? 7 COMMISSIONER LETZ: It does mean Kerr County. 8 He lives on Lane Valley before you get to my house. 9 COMMISSIONER WILLIAMS: I'm all in favor of 10 having somebody from the eastern part of the county. 11 COMMISSIONER LETZ: Mr. Lewis, stand up, let 12 everyone recognize you. 13 JUDGE HENNEKE: Mr. Lewis, we appreciate your 14 willingness to help us out on this. 15 MR. LEWIS: You're welcome, sir. 16 JUDGE HENNEKE: No bed of roses. 17 COMMISSIONER LETZ: I think he knows that. 18 MR. LEWIS: I don't expect it to be, sir. 19 COMMISSIONER WILLIAMS: Maybe you can help 20 them find some of our roads in the eastern part of the 21 county. 22 MR. LEWIS: Well, I can from the air. 23 COMMISSIONER GRIFFIN: There you go. 24 JUDGE HENNEKE: Any other comments or 25 questions regarding the nomination? If not, all in favor, 84 1 raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion is approved, and 6 Mr. Lewis is nominated and appointed as our representative 7 to the 911 Board. Again, thank you, sir. 8 COMMISSIONER LETZ: Thank you, Charles, and 9 I'll give you Dave Ballard, who's the chairman's, phone 10 number. I'll e-mail it to -- or I'll call you tonight. 11 MR. LEWIS: Okay, thank you. 12 COMMISSIONER LETZ: All right. 13 JUDGE HENNEKE: Next item for consideration 14 is Item Number 18, consider and discuss adoption of a 15 resolution declaring March 17 through 23, Year 2002, as 16 National Agriculture Week in Kerr County. You have in your 17 books the actual resolution, as well as the backup material 18 provided. Do I have a motion to adopt the resolution? 19 COMMISSIONER BALDWIN: Sir, I will make that 20 motion. 21 COMMISSIONER GRIFFIN: I'll second it. 22 JUDGE HENNEKE: Motion by Commissioner 23 Baldwin, second by Commissioner Williams -- Commissioner 24 Griffin that the Court adopt the resolution declaring 25 March 17 to 23, Year 2002, as National Agriculture Week in 85 1 Kerr County, Texas. Any other questions or comments? If 2 not, all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Next item is 7 Item Number 19, consider and discuss a resolution requesting 8 participation in the County Management System Project. 9 County Management System Project is a pilot project 10 sponsored by the Comptroller of Public Accounts, with the 11 assistance of the Texas Association of Counties -- or I 12 guess it's with the assistance of the State Association of 13 Judges and Commissioners. And, if we wish to be a pilot 14 part of this project, we need to submit the enclosed 15 resolution, and it doesn't appear to cost us anything. We 16 always -- I know we always question that. Any comments 17 or -- 18 COMMISSIONER GRIFFIN: Judge, I called a 19 contact over in the Comptroller's office that I just 20 happened to know, and asked about the scope of this thing, 21 and apparently it's going to have a very -- potentially have 22 a lot of goodies in it, where the Comptroller's office 23 actually is going to send people in to look at your -- at 24 your operation. They'll actually make suggestions; they'll 25 actually fund equipment, if that's one of the things that -- 86 1 part of this program -- that they think you might want to 2 try, and that you approve it. It might be a -- I think it 3 would be a good thing to try. And, as it was emphasized, 4 the County pays zero. The County -- the three counties that 5 they picked statewide to do this will pay nothing for this 6 program, so it sounds like a pretty good deal. 7 COMMISSIONER BALDWIN: Second. 8 COMMISSIONER GRIFFIN: I'll make a motion 9 that we approve it -- or approve the application and 10 authorize the County Judge to sign same. 11 COMMISSIONER BALDWIN: I'd second that 12 motion. 13 JUDGE HENNEKE: Motion by Commissioner 14 Griffin, second by Commissioner Baldwin, that the Court 15 authorize and approve the Resolution requesting 16 participation in the County Management System Project, and 17 authorize County Judge to sign and submit said Resolution. 18 Any questions or comments? If not, all in favor, raise your 19 right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Next item 24 for consideration is Item Number 20, which is to consider 25 and discuss approval of the following social contracts with 87 1 social agencies, and authorize the County Judge to sign same 2 upon execution by the appropriate agency. The three 3 contracts which have been submitted by the County Attorney's 4 office are those for Dietert Claim, those for the Kids 5 Advocacy Place, and that for the Soil and Water Conservation 6 District. 7 COMMISSIONER WILLIAMS: I don't have the Soil 8 and Water on mine. 9 JUDGE HENNEKE: It's an amended agenda item. 10 COMMISSIONER WILLIAMS: Oh, okay. 11 JUDGE HENNEKE: Does anyone have any 12 questions or comments regarding the form of the contract for 13 those three agencies? 14 COMMISSIONER WILLIAMS: Judge, I move that 15 the social contracts for Dietert Claim, Kids Advocacy 16 Place -- are we including Soil and Water? 17 JUDGE HENNEKE: Yes, include it. 18 COMMISSIONER WILLIAMS: And Soil and Water 19 Conservation contracts be approved, and authorize County 20 Judge to sign same upon execution by the respective 21 agencies. 22 JUDGE HENNEKE: Do we have a second? 23 COMMISSIONER LETZ: Second. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Letz, that the Court 88 1 approve the form of contract for Dietert Claim, the Kids 2 Advocacy Place, and Soil and Water Conservation District, 3 and authorize County Judge to sign same upon execution by 4 the appropriate agency. Any questions or comments? If not, 5 all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: Opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. Next item 10 for consideration is Item Number 21, which is consider and 11 discuss adoption of a resolution to become a member of 12 C.I.R.A., and authorize the County Judge to sign the 13 interlocal agreement relating to that membership. C.I.R.A. 14 stands for County Information Resources Agency, which was 15 created from recommendations by the County's E-County Task 16 Force. The proper resolution and the agreement are in the 17 book. 18 COMMISSIONER GRIFFIN: This is the one that 19 Stan -- 20 COMMISSIONER LETZ: Stan Reid. 21 COMMISSIONER GRIFFIN: -- Reid has briefed us 22 on, and -- 23 JUDGE HENNEKE: Yes. 24 COMMISSIONER GRIFFIN: And it doesn't cost us 25 anything. I think it's a good -- and they've got a dynamite 89 1 web site. I've looked in on it several times, and it's all 2 helping counties get up -- spun up into the technology for 3 information flow. And I'll make a motion that we adopt the 4 resolution and authorize County Judge to sign same. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE HENNEKE: Motion by Commissioner 7 Griffin, second by Commissioner Baldwin, that the Court 8 authorize adoption of the resolution for Kerr County to 9 become a member of C.I.R.A., and authorize County Judge to 10 sign the resolution, as well as the applicable interlocal 11 agreement. Any questions or comments? If not, all in 12 favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: All opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Okay. At 17 this time, we need to loop back and announce the bids for 18 Road and Bridge Department. If we wanted to, we could adopt 19 the resolution referring these to the Road and Bridge 20 Department, and then I could sit here and read them and you 21 guys can go on about your day. 22 COMMISSIONER LETZ: I'll stay here. 23 COMMISSIONER GRIFFIN: Well, let's go ahead 24 and do that, and I'll recommend -- I'll make a motion that 25 we refer the -- all the bids. 90 1 JUDGE HENNEKE: Accept all the bids. 2 COMMISSIONER GRIFFIN: Accept all the bids 3 and refer them to the Road and Bridge Department for 4 analysis and presentation at the next court meeting by 5 spreadsheet, with a briefing on what the recommendations 6 are. 7 COMMISSIONER BALDWIN: Second. 8 AUDIENCE: So you're still not going to read 9 them aloud; is that correct? 10 JUDGE HENNEKE: Yes, we are. First we're 11 going to take care of the formal action, so those who don't 12 want to listen to the numbers can excuse themselves. We 13 have a motion by -- motion by Commissioner Griffin, second 14 by Commissioner Baldwin, that the Court accept all of the 15 bids, pursuant to the Request for Proposals by Road and 16 Bridge Department, and refer them to the Road and Bridge 17 Department for analysis and recommendation at our next 18 regularly scheduled meeting, which will be March the 25th, 19 Year 2002. 20 COMMISSIONER LETZ: I was just going to make 21 the comment, 'cause there are some people in the audience 22 listening to these, make it clear we're not going to award 23 the bids today. We're just going to read them. And a lot 24 of times there's a lot of details that Road and Bridge needs 25 to go over to make sure the bids are submitted properly. 91 1 JUDGE HENNEKE: Okay. First we'll do the 2 bids for the lease of the one-wheel loader. 3 COMMISSIONER BALDWIN: Did we vote on -- 4 JUDGE HENNEKE: Oh, I'm sorry. No, we 5 didn't. All in favor of the motion, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: Opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. First bid we 10 have is on the Caterpillar 924. We have a bid from Holt -- 11 Holt Company of Texas out of San Antonio. The total amount 12 of the bid is $67,745. 13 COMMISSIONER WILLIAMS: What am I going to do 14 with these? 15 COMMISSIONER LETZ: Put them back together. 16 JUDGE HENNEKE: Next bid we have again is for 17 the loader, and it is from Anderson Machinery of San 18 Antonio, Inc. The amount of the bid is $90,650. 19 This is, again, a bid on loader from 20 Waukesha-Pearce Industries, Inc., from San Antonio. The 21 amount of the bid is $76,187. 22 This is a bid on base materials for Sheppard 23 Rees. The bid is from Clint G. Reeves. The amount on Grade 24 2, Type B, is $7.50 a ton. The bid on Type B, Grade 2, is 25 $10.25 per ton. 92 1 Next bid on base materials for Sheppard Rees 2 is from Lucky 3 Materials out of Center Point, and the bid 3 for Type A is $4.20 a ton -- not sure if that's 4 or 14. 4 I'll leave that to be determined. The amount for Type A, 5 f.o.b. Kerr County, is $6.95 a ton, plus $2.75 a truck. 6 Again, this is base materials for Sheppard Rees. The bid on 7 f.o.b. supplier's plant, Type A, is $3.80 a ton. Bid f.o.b. 8 Kerr County is $8.70 per ton. 9 This is a bid, again, on the Sheppard Rees 10 base materials. This is from Bedrock Materials Limited. 11 The bid for Type B, f.o.b. supplier's plant, is $5 a ton. 12 Bid for Type B, f.o.b. Kerr County, Sheppard Rees Road, is 13 $9 a ton. That was for Type B. On Type A, there was no 14 bid. 15 Again, Sheppard Rees base materials from 16 Wheatcraft, Inc. Type B, f.o.b. supplier's plant, is $5 a 17 ton. Type B, f.o.b. Kerr County, is $7.71 a ton, plus $5 in 18 materials -- oh, that's the total, $7.71 a ton. 19 These are equipment -- hourly equipment bid. 20 First one is from Bobby Jenschke for the Cat D-6 dozer. 21 It's $110 an hour. Scraper is $10 an hour -- or $110 an 22 hour. Cat 12-G is $85 an hour. The 930 loader is $105 an 23 hour. And 1500-dollar -- gallon water truck is $65 an hour. 24 Equipment by the hour from Edmund Jenschke, 25 Inc. Cat D-6 dozer is $85 an hour. The scraper is $100 an 93 1 hour. Cat 12-G motor grader, $76 an hour. 930 loader is 2 $84 an hour. Optionally, the asphalt distributor is $120, 3 as is the chip spreader. 4 Equipment by the hour from Schwarz 5 Construction Company in Kerrville. Cat D-6 dozer is $70 an 6 hour. Scraper is $80 an hour. Cat 12-G motor grader, $70 7 an hour. 930 loader, $75 an hour. 12-ton flat wheel 8 roller, $55 an hour. 12-ton pneumatic roller, $55 an hour. 9 1500-gallon water truck, $50 an hour. 10 From MPB, Inc., again, a bid on equipment by 11 the hour. Cat D-6 dozer, $85 an hour. Scraper, $110 an 12 hour. Cat 12-G motor grader, $70 an hour. 930 loader, $65 13 an hour. 12-ton flat wheel roller, $55 an hour. 12-ton 14 pneumatic roller, $55 an hour. 1500-gallon water truck, 15 $54 -- $50 an hour. And no bids on the optional equipment. 16 Corrugated metal pipe from Wilson Culverts, 17 Inc., in Elkhart Texas. 15-inch arch, $4.60 a linear foot. 18 18-inch arch, $5.58 a linear foot. 24-inch arch, $7.43 per 19 linear foot. 30-inch arch, $9.30. 15-inch coupling band, 20 $6.99 each. 18-inch coupling band, $8.37 each. 24-inch 21 coupling band, $11.14 each. 30-inch coupling band, $13.95 22 each. 23 Corrugated metal pipe bid from Walters 24 Building & Supply out of Fredericksburg. 15-inch arch, 25 $4.85. 18-inch arch, $5.82. 24-inch arch, $7.74. 30-inch 94 1 arch, $9.70. 15-inch coupling bands, $7. 18-inch coupling 2 band, $8. 24-inch coupling band, $11.60. 30-inch coupling 3 band, $14.50. 4 On base materials, not specifically Sheppard 5 Rees, f.o.b. supplier's -- this is from Reeh-Schneider 6 Quarry of Comfort. f.o.b. suppliers' plant, Type A, Grade 7 1, $5.28 per cubic yard. Type A, Grade 2, $5.13 per cubic 8 yard. f.o.b., Kerr County, Type A, Grade 1, $13.23 per 9 cubic yard. Type A, Grade 2, $13.03 per cubic yard. 10 Base materials bid submitted by Drymala Sand 11 and Gravel of Comfort. Type B, Grade 2, $6.20 per cubic 12 yard. That's the only bid. 13 From Rountree Materials out of Kerr County, 14 Type B, Grade 1, $6.50 cents. Type B, Grade 2, $6.60. This 15 is f.o.b. supplier's plant. Type C, $8 per cubic yard. 16 Type C, Grade 2, $7.50 per cubic yard. f.o.b. Kerr County, 17 Type B, Grade 1, $10 per cubic yard. Type -- Type B, Grade 18 2, $9.50 per cubic yard. Type C, Grade 1, $11.50 per cubic 19 yard. Type C, Grade 2, $10.50 per cubic yard. 20 Base materials from Clint G. Reeves, Type B, 21 Grade 2, f.o.b. supplier's plant, $8 per cubic yard. f.o.b. 22 Kerr County, Type B, Grade 2, $18 per cubic yard. 23 From Lucky 3 Materials in Center Point, Type 24 A, Grade 2, f.o.b. supplier's plant, we have $5.67 per cubic 25 yard. 95 1 From Bedrock Materials, Limited, of Center 2 Point, we have, for Type B, Grade 1, f.o.b. supplier's plant 3 $6.50. For Type B, Grade 2, f.o.b. supplier's plant, $6.50 4 per cubic yard. f.o.b. Kerr County, Type B, Grade 1, 5 $11.75. And f.o.b. Kerr County, Type B, Grade 2, $11.75. 6 From Wheatcraft, Inc., f.o.b. supplier's 7 plant, we have Grade 2, Type A, $7 per cubic yard. Type B, 8 Grade 2, $6 per cubic yard. 9 (Discussion off the record.) 10 JUDGE HENNEKE: Paving aggregates. This is 11 from Wheatcraft, Inc. Type B, Grade 3, $8.50. Type B, 12 Grade 4, at the supplier's plant, $9. Type B, Grade 5, at 13 supplier's plant, $8. 14 Moving to aggregates, from Sand Mill, Inc., 15 Type B, Grade 3, at supplier's plant, $9. Type B, Grade 4, 16 $9.50. Type B, Grade 5, $8.50. No bids on the other 17 categories. 18 This is from Smyth Mines, LLP, out of Uvalde. 19 Type B, Grade 3, supplier's plant, $9.27. Type B. Grade 4, 20 supplier's plant, $9.27. Type B, Grade 5, supplier's plant, 21 $8.24. Type PB, Grade 3, at Kerr County, $21.07. Type PB, 22 Grade 4, Kerr County, $21.07. Type PB, Grade 5, Kerr 23 County, $20.40. No bid on trap rock. 24 For emulsion oils, we have -- from Ergon 25 Asphalt and Emulsions, CRS-2, the bid unit cost is .6922 96 1 dollars per gallon. Type HFRS-2, .6922 per gallon -- 2 dollars per gallon. AEP, .8622 per gallon. No bids on the 3 other requests. 4 From Koch Materials Company out of Austin, 5 CRS-2, 87 cents per gallon. HFRS-2, 87 cents per gallon. 6 AEP, $1 per gallon. No bids on the other varieties. 7 From Gulf States Asphalt Company, L.P., 8 Houston, we have bid for CRS-2 of 73 cents a gallon. We 9 have a bid for HFRS-2 of 71 cents per gallon, with the 10 footnote -- it says delivery prices are based on 11 5,000-gallon loads. 12 Emulsion oils from Tiger Asphalt Sales out of 13 Helotes, CRS-2, 76 cents a gallon. HFRS-2, 84 cents a 14 gallon. AEP, 90 cents a gallon. 15 From Bedrock Materials, Limited -- this is 16 hot mix, cold laid asphaltic concrete pavement. This is 17 f.o.b. Kerr County, black base, $58.50 a ton. Cold mix, 18 Type C, also $58.50 a ton. 19 From Smyth Mines, L.L.P., out of Uvalde, 20 again for hot mix, cold laid asphaltic concrete pavement. 21 F.o.b. Kerr County, black base is $22.81 a ton. Cold mix, 22 Type C, is $22.81 a ton. 23 From Vulcan Construction Materials, L.P., we 24 have $23.97 a ton for black base. Cold mix, we have also 25 $23.97 a ton. 97 1 Last, but certainly not least -- this is back 2 to paving aggregate from Vulcan Construction Materials. For 3 PB, Type 3, Kerr County, $22.69. PB, Type 4, Kerr County 4 $22.69. PB, Type 5, Kerr County, $22.69. Trap rock, Type 5 3, Kerr County, we have $28.22. Trap rock, Type 4, Kerr 6 County, we have $28.22. Trap rock, Type 5, Kerr County, 7 $28.22. No bids for the other types of aggregates. 8 Those are all the bids we've received. Good 9 cross-section. If there's no other business to come before 10 us, I believe we stand adjourned. 11 (Commissioners Court adjourned at 11:35 a.m.) 12 - - - - - - - - - - 13 14 15 16 17 18 19 20 21 22 23 24 25 98 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 14th day of March, 8 2002. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25