1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, April 22, 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 April 22, 2002 2 PAGE 2.1 Presentation by County Auditor on County finances 3 after first six months of fiscal year 16 2.2 Consider authorizing sale of surplus property on 4 May 4, 2002, & declare items on list as surplus 20 2.3 Application to close, abandon, & vacate portion 5 of Larry Lane in Kerrville South Ranches No. Two, set public hearing for same if needed 24 6 2.4 Consider accepting donation of .03 acre of property for Pikes Peak right-of-way at FM 1273 32 7 2.5 Consider final approval of Twin Springs Ranch II 35 2.6 Consider final plat of Cutoff Business Park with 8 listed variances 39 2.7 Authorize County Engineer to write a letter to 9 clarify Section 1.02B of Subdivision Rules 45 2.8 Consider appropriate action to grant temporary 10 exception or variance to OSSF real estate transfer requirements for Rancho Oaks Mobile Home Park 47 11 2.9 Identify bookmobile stops in all precincts 58 2.10 Consider two appointments to Kerrville/Kerr County 12 Joint Airport Advisory Board (Executive Session) 61 2.11 Resolution authorizing application to Texas Dept. 13 of Agriculture for 2002 TX Capital Fund grant to assist Frontier Truck Gear, Center Point, Texas 64 14 2.12 Resolution to apply for 2002 TCDP Colonia Fund grant to continue Kerr County/UGRA wastewater 15 service project 77 2.13 Authorize Tetra Tech, Inc., to solicit bids for 16 construction of Kerrville South wastewater project 79 2.14 Set special Commissioners Court meeting for May 9, 17 2002, at 9 a.m. to open bids received for River Hills sanitary sewer bypass line 83 18 2.15 Approve schedule for consideration of FY '02/'03 budget 83 19 2.16 Approve contract with Hill Country Crisis Council, authorize County Judge to sign 84 20 2.17 Application by County for Indigent Defense Grant, authorize County Judge to sign necessary documents 85 21 2.18 Approval of Landlord Estoppel and Access Agreements relating to sale of Mooney assets to AASI 86 22 2.19 Resolution supporting Kerrville CVB proposal to host Experimental Aircraft Association Fly-In 87 23 2.20 Authorize use of $16,667 of the budgeted $65,000 AIP property grant match for fencing project 91 24 2.23 Approval of warehouse lease at airport 98 2.21 National Day of Prayer proclamation 105 25 2.22 Discuss civil representation of Kerr County and Commissioners Court by County Attorney's office 107 3 1 On Monday, April 22, 2002, at 9:00 a.m., a special meeting 2 of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE HENNEKE: Good morning, everyone. It's 7 9 o'clock in the morning on Monday, April 22, Year 2002. 8 We'll call to order this regular special session of the Kerr 9 County Commissioners Court. Commissioner Letz, you have the 10 honors this morning. 11 COMMISSIONER LETZ: Will everyone please 12 stand, join me in prayer? 13 (Prayer and pledge of allegiance.) 14 (Discussion off the record.) 15 JUDGE HENNEKE: At this time, any citizen 16 wishing to address the Court on an item not listed on the 17 regular agenda my come forth and do so. Is there any 18 citizen who would like to address the Court on an item not 19 listed on the regular agenda? Once again, is there any 20 citizen who would like to address the Court on an item not 21 listed on the regular agenda? Seeing none, we'll turn to 22 the Commissioners' comments. Let's start with Commissioner 23 Letz. 24 COMMISSIONER LETZ: I have none this morning. 25 COMMISSIONER GRIFFIN: I have none either. 4/22/02 4 1 COMMISSIONER BALDWIN: I do. Boy, I do. 2 JUDGE HENNEKE: Go for it. 3 COMMISSIONER BALDWIN: Okay. I have two 4 items. One concerns the recent election -- and I hope I'm 5 not stepping on any toes here, but I just -- I just want to 6 get it out on the table, the race between Commissioner 7 Williams and our Administrative Assistant, Thea. I've 8 spoken with Thea in private and -- and offered her the 9 opportunity to come before the Court, and even in a private 10 session, to talk about all the things that we're -- you 11 know, that could be or may be between all of us, and some 12 hard feelings that may be there. And the reason I'm 13 bringing this up is because I live here, and this is my 14 second home, and I enjoy working here and I want to enjoy 15 being here. And if there -- you know, if there is any 16 conflict, I kind of wanted it to -- you know, let's talk 17 about it like good neighbors and good friends should and get 18 it out on the table. And so I've done that in private, and 19 I wanted to do it -- to do it publicly, to let Thea know and 20 let you guys know that -- that -- specifically let her know 21 that -- that it's available. And I'm sure -- and I almost 22 can speak on your behalf, but that we would -- that we would 23 do that, sit down and have a good heart-to-heart visit and 24 try to lay down any problems. So, I wanted to say that, 25 Thea, and I think, you know, you're welcome to come in 4/22/02 5 1 and -- and even in an executive session, bring your attorney 2 or whatever you want to do and sit down and have a long 3 visit. I wanted to say that, get it off my chest. 4 The other item, I don't know if you noticed 5 the San Antonio Express last Friday or not, but there's been 6 almost a spiritual revelation with U.G.R.A. and the 7 Department of Agriculture. They've decided that cedar trees 8 drink too much water. 9 (Laughter.) 10 COMMISSIONER BALDWIN: And I'm really excited 11 about what's going on down there, but if you didn't get that 12 article, it's really an interesting article. And it's high 13 time that -- I think Commissioner Letz, our water guru, has 14 been preaching about it for a long time, about the cedar and 15 the amount of water it drinks, and it needs to be 16 eradicated, et cetera, et cetera. That's all. Great 17 article. 18 JUDGE HENNEKE: Good, thank you. 19 Commissioner Williams? 20 COMMISSIONER WILLIAMS: Just wanted to thank 21 Commissioner Baldwin for his comments and move on to a 22 couple issues. First of all, I want to express my pleasure 23 at the article I read in the Kerrville Daily Times this 24 morning indicating that the Mooney bankruptcy transition is 25 complete and that Mooney Aircraft will resume production, 4/22/02 6 1 albeit slowly, but that is good news. It's good news for 2 the Kerrville Independent School District in terms of back 3 taxes. It's good news for Kerr County in terms of back 4 taxes, but it's especially good news to the community at 5 large and to those folks who lost their jobs who now have 6 some opportunity hopefully to restore -- be restored to 7 full-time gainful employment. So, we wish the new owners 8 well, hope they produce a lot of Mooneys, new, different and 9 whatever they want to produce out there, just so they do it 10 here. And the other thing is, while it's not on the agenda, 11 I was given a letter this morning from one of my 12 constituents on behalf of Pecan Valley Property Owners' 13 Association, and while we won't do anything about it today, 14 Mr. Van Bavel calls to our attention that there have been a 15 couple blazes, brush fires out in the area of Elm Pass, 16 where a couple volunteer fire departments had to answer the 17 call, and he's wondering why we don't restore the burn ban. 18 So, we'll put that on the table. That's it. 19 JUDGE HENNEKE: Didn't you have an occasion 20 Friday afternoon, too? 21 COMMISSIONER WILLIAMS: Friday afternoon? 22 JUDGE HENNEKE: Out at the Elm Pass 23 Volunteer -- 24 COMMISSIONER WILLIAMS: Oh, I did. I did, I 25 did. Thank you for reminding me. L.C.R.A. gifted the Elm 4/22/02 7 1 Pass Volunteer Fire Department with sufficient funds to buy 2 another new brush truck, and now they have two good-looking, 3 spiffy trucks out there with the name all over them. And on 4 behalf of the County and Elm Pass Volunteer Fire Department, 5 we thank L.C.R.A. for that generous gift, and I know all 6 those folks out there will put it to good use. 7 JUDGE HENNEKE: Little bit of scheduling. We 8 have a very, very full agenda today, including the 1 o'clock 9 workshop at the U.G.R.A. on the issue of the colonia mapping 10 grant. We're going to push through today as well as we can. 11 We'll break shortly before noon due to the workshop at 12 U.G.R.A. classroom at 1 o'clock, and return here after the 13 workshop for the purpose of completing any unfinished 14 business, in the event that we do have any unfinished 15 business. So, that's just kind of a general outline of how 16 we're going to proceed today. So, let's get busy. 17 Mr. Auditor, do we have any bills we need to pay? Anyone 18 have any questions or comments regarding the bills as 19 presented? 20 COMMISSIONER BALDWIN: I have one, Judge. 21 JUDGE HENNEKE: All right. 22 COMMISSIONER BALDWIN: On Page 1, 23 Commissioners Court, Item 1. I'm assuming that is West 24 Texas County Judges and Commissioners Association. Would I 25 be assuming correctly? 4/22/02 8 1 MR. TOMLINSON: Yes. 2 COMMISSIONER BALDWIN: It has $40. It's 3 actually $50. It should be $50. 4 MR. TOMLINSON: Is it $50? 5 COMMISSIONER BALDWIN: Yes, sir. 6 MR. TOMLINSON: All right. 7 COMMISSIONER BALDWIN: So we need to kind 8 of -- can we just change that, or do we need any kind of 9 special order or anything to -- 10 JUDGE HENNEKE: I think we can just note that 11 that's incorrect and that the approval, once granted, would 12 be for $50 payment. Tommy's taking note of that. 13 COMMISSIONER BALDWIN: That's all I have. 14 JUDGE HENNEKE: Anyone else? Questions or 15 comments regarding the bills as presented? 16 COMMISSIONER BALDWIN: I move we pay the 17 bills. 18 COMMISSIONER WILLIAMS: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Baldwin, second by Commissioner Williams, that the Court 21 authorize payment of the bills as presented and recommended 22 by the Auditor. Any questions or comments? If not, all in 23 favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 4/22/02 9 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Budget 3 amendments. Budget Amendment Number 1 is for Permanent 4 Improvements. 5 MR. TOMLINSON: I'm requesting a budget 6 amendment for $130 to make a payment to Keith Longnecker 7 relative to the Phase 3 renovations of the courthouse. I'm 8 asking to transfer this $130 from the line item to finish 9 out the lower basement area to Courthouse Construction. 10 COMMISSIONER LETZ: So moved. 11 COMMISSIONER GRIFFIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner Letz, 13 second by Commissioner Griffin, that the Court authorize 14 Budget Amendment Request Number 1 for Permanent 15 Improvements. Any questions or comments? If not, all in 16 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 carries. Item Number 21 2 for the 216th District Court. 22 MR. TOMLINSON: Okay. This -- this amendment 23 is to make payment to Cindy Snider, which I need a hand 24 check for, and it's to transfer $758.90 from Special Trials 25 to Court Transcripts. It's for a transcript in the case of 4/22/02 10 1 State vs. David Lewis. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER WILLIAMS: Second. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner Letz, 6 second by Commissioner Williams, that the Court approve 7 Budget Amendment Request Number 2 for the district court and 8 authorize a hand check in the amount of $758.90 payable to 9 Cindy Snider. Any other questions or comments? If not, all 10 in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: Opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. Item Number 15 3 is for Commissioners Court. 16 MR. TOMLINSON: This -- this amendment of 17 $65.90 is -- is to pay a bill for legal services to Thomas, 18 Hudson and Nelson. It's relative to Cavazos and Kerr County 19 for $65.90, and I'm asking to transfer that from Notices to 20 Professional Services. 21 COMMISSIONER BALDWIN: What was the law firm? 22 Who was the law firm again, please? 23 MR. TOMLINSON: It's Thomas, Hudson and 24 Nelson. 25 COMMISSIONER WILLIAMS: What was the issue? 4/22/02 11 1 What was the purpose? 2 MR. TOMLINSON: It's -- I think it's for 3 Nancy and Doug Cavazos. 4 COMMISSIONER LETZ: It's related to the -- I 5 believe it's one of the subdivisions out past Cypress 6 Springs, the damage -- about damage to the property. 7 COMMISSIONER GRIFFIN: Yeah. 8 COMMISSIONER LETZ: A question that's related 9 to this as much as anything is, how do we -- I would like to 10 get -- I don't know how we get it, though -- a summary of 11 all the lawsuits that are pending against us. Seems -- I 12 mean, they're handled by so many different law firms. Is 13 there an easy way -- Tommy, do you keep track of -- I mean, 14 I know the County Attorney doesn't. 15 MR. TOMLINSON: I have a file on -- on my 16 correspondence with our insurance carrier, but I don't 17 always know who represents the insurance carrier. I mean, 18 they're -- these are assigned by Texas Association of 19 Counties. If there is a -- you know, if we've -- if we have 20 a pending claim, when we have -- when we have a petition 21 filed, we automatically send a notice to -- to all of our 22 carriers, and it's kind of a shotgun approach, but we -- we 23 notify everybody to make sure that -- that we -- that we 24 have notice that -- you know, within the specified length of 25 time. And so I do get that correspondence from TAC, and 4/22/02 12 1 then -- and then, when that's filed or TAC passes that to 2 their attorneys, then we start -- you know, start getting 3 bills for attorney's fees. 4 COMMISSIONER LETZ: Seems -- I don't know. 5 It would be nice to have some sort of a way to track some of 6 these. I mean, 'cause they tend to go on for a long, long 7 time, and we tend to -- I tend to forget about them because 8 they're being paid by insurance. But, at the same time, 9 they -- they have somewhat of an effect on the County. 10 MR. TOMLINSON: I do know that the -- you 11 know, the County Attorney's office knows about these, 12 because, I mean, the petitions are filed with -- with the 13 County Attorney's office, and they have to answer. 14 COMMISSIONER LETZ: Maybe we need to talk to 15 Mr. Motley, and he'll be coming up maybe. 16 JUDGE HENNEKE: Maybe we ought to make a -- 17 someone should make a good request to the County Attorney's 18 office for a list of all the pending -- 19 COMMISSIONER LETZ: I'll take care of it. 20 COMMISSIONER BALDWIN: Does that include the 21 federal issues also out at the jail? 22 COMMISSIONER LETZ: I mean, it would be nice 23 to have just a -- 24 COMMISSIONER GRIFFIN: Yeah. 25 COMMISSIONER LETZ: -- list, a list of all 4/22/02 13 1 the ones -- 2 COMMISSIONER WILLIAMS: Everybody we have 3 exposure to. 4 COMMISSIONER LETZ: All right. So moved. 5 MR. TOMLINSON: I haven't -- I am requesting 6 a hand check for this. 7 COMMISSIONER LETZ: Also a hand check. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner Letz, 10 second by Commissioner Griffin, that the Court approve 11 Budget Amendment Request Number 3 for Commissioners Court, 12 and authorize a hand check in the amount of $65.90 payable 13 to the law firm of Thomas, Hudson and Nelson. Any further 14 questions or comments? If not, all in favor, raise your 15 right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Number 4 is 20 for J.P. Number 1. 21 MR. TOMLINSON: Okay. This request is from 22 J.P. 1 to transfer $177.46 to his Part-Time Salary line 23 item, and his request is to move $150 from Machine Repairs 24 and $27.46 from Miscellaneous, and it's for -- to pay a bill 25 of $390.80 to Dawn Goldthorn for part-time service. 4/22/02 14 1 COMMISSIONER BALDWIN: So moved. 2 COMMISSIONER GRIFFIN: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Baldwin, second by Commissioner -- 5 MR. TOMLINSON: I do not need a hand check. 6 JUDGE HENNEKE: -- Commissioner Griffin, that 7 the Court approve Budget Amendment Request Number 4 for J.P. 8 Number 1, and authorize issuance of a hand check in the 9 amount of $390.80 payable to Dawn Goldthorn. Any other 10 questions or comments? If not, all in favor raise your 11 right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE HENNEKE: All opposed, same sign. 14 (No response.) 15 JUDGE HENNEKE: Motion carries. Any more 16 late bills? 17 MR. TOMLINSON: I have one. 18 JUDGE HENNEKE: Okay. 19 MR. TOMLINSON: It's for $125. It's payable 20 to the Alamo R.C.& D. Area, Inc., and it's for registration 21 for the 25th Anniversary State Conference for Building 22 Strong Communities. 23 COMMISSIONER WILLIAMS: I'll make that 24 motion. 25 COMMISSIONER GRIFFIN: Second. 4/22/02 15 1 JUDGE HENNEKE: Motion by Commissioner 2 Williams, second by Commissioner Griffin, that the Court 3 authorize a late bill and hand check in the amount of $125 4 to the Alamo R.C.& D. Association, Inc., for purposes of 5 attending the state convention here in Kerrville. Any 6 questions or comments? If not, all in favor, raise your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: Opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. Any more? 12 MR. TOMLINSON: That's it. 13 JUDGE HENNEKE: Okay. At this time, I'd 14 entertain a motion to approve and accept monthly reports as 15 presented. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE HENNEKE: Motion by Commissioner Letz, 19 second by Commissioner Williams, that the Court approve and 20 accept the monthly reports as presented. Any further 21 questions or comments? If not, all in favor, raise your 22 right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: Opposed, same sign. 25 (No response.) 4/22/02 16 1 JUDGE HENNEKE: Motion carries. First item 2 for consideration on the consideration agenda is consider 3 and discuss presentation by the County Auditor on the County 4 finances after the first six months of the current fiscal 5 year. Tommy? 6 MR. TOMLINSON: Do each of you have a handout 7 that I furnished? 8 JUDGE HENNEKE: I believe we all have a 9 handout, yes, sir. 10 MR. TOMLINSON: I'll go -- I'll go with the 11 revenues collected first. This is revenue collections for 12 the first six months of this fiscal year. I have a -- I've 13 eliminated the amount of the -- the $997,000 that -- that 14 are bond proceeds for the radio equipment contract for the 15 Sheriff's Office, because by including that, we would 16 distort the -- the percentages of what's actually collected 17 as far as day-to-day operations are concerned. So I left 18 that out -- out of the revenues as well as the expenditures. 19 On the top -- on the top part, it shows the budgeted tax 20 revenues and then year-to-date collections. Gives us a 21 total of 94 percent for tax collection for the amount that 22 was budgeted for the General Fund, and 89 percent for the 23 Road and Bridge tax, with a total of 94 percent collection 24 rate. As far as historically, that's -- I think that's in 25 line with -- with what we've done this time of the year for 4/22/02 17 1 years past. I anticipate us to have 100 percent collection 2 rate considering the tax that we see coming in. As far as 3 the non-tax revenues for the General Fund, we've collected 4 52 percent, 60 percent for Road and Bridge non-tax revenues, 5 and 55 percent for all funds other than tax-supported, for a 6 total of 54 percent. 7 I have a footnote at the bottom that I -- I 8 anticipate that we will have a shortfall for the last half 9 for about approximately $280,000. About half -- half of 10 that relates to the loss in interest that we're going to 11 collect for the year. The other -- the other half of it 12 relates to the fact that we -- we don't have any prisoners 13 in our jail that are -- that are paying prisoners; they're 14 all ours. This -- this happened approximately two, three 15 months ago. That -- that didn't cause a problem as we see 16 it on this statement for the first half of the year, because 17 we did collect revenues for the first three months, and we 18 had offsetting revenues of other kinds that were above -- 19 were above budget that -- that offset the loss that we had 20 for the last three months for jail collections. Any 21 questions about revenues? 22 COMMISSIONER BALDWIN: I'd like to comment -- 23 make a comment about that, about the jail situation. To me, 24 it's an option. Do we want the paying prisoners here from 25 other counties to pay down this debt, or do we want to get 4/22/02 18 1 the bad guys off our own streets? And it's -- you know, I 2 think the Sheriff has made a very wise decision in getting 3 crime -- or getting the bad guys off our streets, and that's 4 the price you pay. But I feel better. 5 COMMISSIONER GRIFFIN: Yeah. 6 JUDGE HENNEKE: Any other questions or 7 comments on the revenue side? Okay. 8 MR. TOMLINSON: Okay. For expenditures, for 9 all the funds that are supported by the general M and O tax, 10 we're right on track at 50 percent. For Road and Bridge 11 operations, we're -- we're at 48 percent at this time, with 12 a total county-wide of 50 percent of -- of budget. I -- I 13 had -- I had a close look at all the line items for each 14 fund. I think this will hold for -- for the remainder of 15 the year. The only thing that I'm worried about that's -- 16 that's of any significance is court-appointed attorneys 17 for -- for the courts. I'm in the process right now of 18 gathering information for -- to apply to the State for a 19 grant under -- under Senate Bill 7, and I had -- I have to 20 report a base year, which was the last fiscal year, for all 21 costs related to indigent defense, and when I -- when I got 22 into those numbers, we could have a substantial amount of -- 23 you know, an increase in court-appointed attorneys in all 24 the courts by the end of the year. It looks to me like that 25 it might be as high as -- as $70,000 or $80,000, you know, 4/22/02 19 1 but there are areas where -- where we may not expend beyond, 2 you know, budget. So, we -- we may be able to -- you know, 3 to make that -- to make that up in some other areas. But on 4 the average, overall, I don't see that -- I think we will be 5 right on budget for the year. 6 COMMISSIONER LETZ: Tommy, is that due to 7 the -- under Senate Bill 7, you have to appoint the 8 court-appointed attorneys sooner in the process? 9 MR. TOMLINSON: That's right. You have to -- 10 you have to appoint an attorney within 24 hours of arrest. 11 COMMISSIONER LETZ: So it costs us more. As 12 I recall the seminar I was recently at, the logic was that 13 it would cost us less. 14 MR. TOMLINSON: And according -- according to 15 the letter that -- that we received from the task force, 16 that the -- you know, the grant total was $17,000, and 17 that's not a lot to work with. So I can't see that it's 18 going to save us some money. 19 COMMISSIONER LETZ: Didn't think so. 20 JUDGE HENNEKE: Thank you, Texas Legislature. 21 COMMISSIONER GRIFFIN: Yeah. 22 JUDGE HENNEKE: Any other questions about the 23 budget review, expenditures or revenues? Tommy, I mean, are 24 you comfortable where we are? I know you've identified a 25 couple of potential areas, but are there any -- any real 4/22/02 20 1 black clouds on the horizon? Anything really -- 2 MR. TOMLINSON: I can't see any. 3 JUDGE HENNEKE: Anything that we can't handle 4 out of the normal course of business, in your opinion? 5 MR. TOMLINSON: No. 6 JUDGE HENNEKE: Any other questions, 7 gentlemen? Comments? 8 COMMISSIONER WILLIAMS: Thank you. 9 JUDGE HENNEKE: Okay. Thanks a lot. We do 10 this midyear every year to try to stay current and avoid the 11 gotchas as much as we can. Thanks a lot, Tommy. The next 12 item for consideration, Item Number 2, is consider and 13 discuss authorizing sale of surplus property on May 4, Year 14 2002, and declaring the items on the list as surplus. 15 MS. PIEPER: He just walked out. 16 COMMISSIONER WILLIAMS: He forgot. 17 (Discussion off the record.) 18 JUDGE HENNEKE: Whatever I did, I apologize. 19 MR. TOMLINSON: I guess I had a senior 20 moment. 21 JUDGE HENNEKE: Don't say that just after 22 you've given us a budget report. 23 (Laughter.) 24 MR. TOMLINSON: I have those all the time. 25 JUDGE HENNEKE: Okay. Let's authorize the 4/22/02 21 1 sale of some surplus property. We have the list in our 2 board book. Anyone have any questions or comments regarding 3 the agenda item or the property to be sold? 4 MR. TOMLINSON: The property list was 5 furnished to me by -- by the department heads of the list 6 that you see in your handouts. We are -- we'll publish 7 today for the sale and again next week for the sale. 8 JUDGE HENNEKE: Any questions or comments? 9 COMMISSIONER GRIFFIN: I move we authorize 10 the sale of surplus property as listed. 11 COMMISSIONER BALDWIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Griffin, second by Commissioner Baldwin, that the Court 14 declare the property on the attached presented list as 15 surplus and authorize the sale of such surplus property on 16 May 4, Year 2002. Out at the Ag Barn? 17 MR. TOMLINSON: Yes. 18 JUDGE HENNEKE: Hill Country Youth Exhibit 19 Center. Starting at? 20 MR. TOMLINSON: 8 o'clock. 21 JUDGE HENNEKE: 8 o'clock in the morning. 22 Cash auction? 23 MR. TOMLINSON: It's a cash or -- or we 24 have -- we have -- we furnish the list. We have a bidder's 25 form, and they -- they bid by -- by lot number. 4/22/02 22 1 JUDGE HENNEKE: Okay. 2 MR. TOMLINSON: And we number all the -- each 3 piece of property. They bid according to lot. 4 JUDGE HENNEKE: Okay. Any other questions or 5 comments? 6 COMMISSIONER LETZ: Only question I have is 7 Road and Bridge's, is the antique wooden wagon. 8 JUDGE HENNEKE: Franklin? You're selling an 9 antique wooden wagon? 10 MR. JOHNSTON: I think it was -- 11 JUDGE HENNEKE: Is that antique, or just old? 12 MR. JOHNSTON: I think it's just old. Looks 13 like something you see in the old movies sitting around a 14 railroad station or something. It's been out there ever 15 since we've been there. 16 COMMISSIONER BALDWIN: That might be 17 something we'll need for our new railroad station. 18 JUDGE HENNEKE: Something you need to go bid 19 on. 20 COMMISSIONER LETZ: No, I don't need to bid 21 on it. I'd hate to -- if it's something of, you know, a 22 historical reason why we have the old wooden wagon -- 23 COMMISSIONER BALDWIN: If we really ever put 24 our little historical park together that we've been talking 25 about five or six years, that may be -- 4/22/02 23 1 COMMISSIONER LETZ: That's really what I was 2 thinking about. Can we use it somewhere? 3 COMMISSIONER BALDWIN: Can I beg to you pull 4 that off? 5 MR. JOHNSTON: Sure. 6 COMMISSIONER LETZ: I mean, I don't even know 7 what this thing is. I mean, it's just -- 8 COMMISSIONER BALDWIN: Is it a horse-drawn 9 type thing or what? 10 MR. JOHNSTON: I really don't know much about 11 it. Probably could be. 12 COMMISSIONER BALDWIN: Let's keep that for a 13 while. 14 JUDGE HENNEKE: All right. We'll remove that 15 one from the list. 16 COMMISSIONER BALDWIN: Good item. 17 COMMISSIONER GRIFFIN: I'll amend my motion 18 to do that. 19 JUDGE HENNEKE: Anything else? 20 COMMISSIONER LETZ: No. Rest of it looks 21 like surplus stuff to me. 22 JUDGE HENNEKE: All in favor of the motion as 23 amended, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 4/22/02 24 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Thanks, 3 Tommy. Item Number 3, consider an application to close, 4 abandon, and vacate a portion of Larry Lane platted in 5 Kerrville South Ranches and set public hearing for the same. 6 Commissioner Baldwin. 7 COMMISSIONER BALDWIN: Yes. I'm going to 8 turn this over to Mr. Johnston to kick off. I've got a 9 couple of questions that I've already asked him, but I want 10 to ask it -- put it on the record at some point during -- 11 but go ahead. 12 MR. JOHNSTON: I think Lynn LeMeilleur has a 13 presentation to make. Probably ought to do hers, then we'll 14 discuss it. 15 MS. LeMEILLEUR: Good morning, gentlemen. 16 COMMISSIONER BALDWIN: Morning, Lynn. 17 MS. LeMEILLEUR: I'm here on behalf of 18 Nicholas and Dorothy Dalton, who own property in Kerrville 19 South Ranches Number Two. You see we have filed an 20 application on their behalf, and also Fen and Dorothy Taylor 21 and William Cooper. Those are all the people who have 22 property that adjoins the portion of Larry Lane that we're 23 asking to be closed or vacated. Mr. and Mrs. Dalton own 24 property at the end of what would be Larry Lane if Larry 25 Lane had ever been constructed. Larry Lane is constructed 4/22/02 25 1 up to a point, and then from that point on, there has never 2 been a road built. The Daltons bought property at the end 3 of what would be Larry Lane, and when they started checking 4 on the road and discovered they were going to need to build 5 a road, I think they met with Commissioner Williams and 6 talked to him and the County Engineer about the prospect of 7 either building the road or building a private road and 8 having the -- the area that's dedicated for the public road 9 to be vacated. They've gone with the option of requesting 10 that the County vacate this portion of Larry Lane. The only 11 people who use this area would be the Daltons, the Taylors, 12 and the Coopers. They have entered into an agreement among 13 themselves to create a private road easement, and we have 14 furnished that to the County Engineer as well. That would 15 take effect if and when the County closes and vacates this 16 portion of the road. 17 In researching how this could be 18 accomplished, I came across two statutes, and I'm sure 19 you're more familiar with this than I am, and it will be up 20 to the Court to decide which statute we would fall under. 21 There's the provision under the Transportation Code, which 22 is the general authority of a Commissioners Court to order 23 that public roads be discontinued, closed, abandoned, 24 vacated, or altered. And then there is the provision of the 25 Local Government Code that relates to subdivisions, that 4/22/02 26 1 would authorize you to do the same thing upon notice to all 2 the property owners in a subdivision. We're prepared to go 3 either way. Obviously, for us, for the Commissioners Court 4 to be able to close it without having to do all the notices 5 would be the simpler route, but if the Court decides that 6 notices need to be sent to everyone and that it needs to be 7 closed under the subdivision provision, we're prepared to go 8 that way as well. And I'll be glad to answer any questions 9 that I can, and I think Mr. Johnston can also. 10 JUDGE HENNEKE: Does anyone have any 11 questions for Ms. LeMeilleur? 12 COMMISSIONER BALDWIN: I think you've 13 answered it. Everyone that is affected by that road -- if 14 we was to vacate the road, there wouldn't be anyone 15 scrambling around trying to figure out a way to get into 16 their property. So -- 17 MS. LeMEILLEUR: No. Larry Lane goes from 18 Monroe Drive and accommodates several houses along Larry 19 Lane, and then it takes a turn, and that's where the 20 maintenance had ended. And the only properties that adjoin 21 that portion are the applicants who have filed this request, 22 so no one would be affected other than our folks. 23 COMMISSIONER BALDWIN: Okay. 24 COMMISSIONER GRIFFIN: Under the general 25 statute that you mentioned, I think there's also a provision 4/22/02 27 1 that Commissioners Court can shorten a road. 2 MS. LeMEILLEUR: Yes. 3 COMMISSIONER GRIFFIN: And I believe in that 4 case, technically, it does not require a public hearing if 5 you -- for the Court to shorten the road. That's the 6 language that you -- that's used in the statute. 7 MS. LeMEILLEUR: Right. 8 COMMISSIONER GRIFFIN: So that may be an 9 option. I'm just saying that may be an option as well, even 10 under that statute, is to so-called shorten the road by 11 vacating and abandoning that portion that was never 12 developed, and I don't really think that would require a 13 public hearing. You may want to look at that, too. 14 MS. LeMEILLEUR: Right. 15 COMMISSIONER WILLIAMS: Ms. LeMeilleur 16 represented that I had a meeting with these folks, along 17 with the County Engineer. And at one time this was in 18 Precinct 2, and redistricting put it in your precinct. And 19 that's correct, we did meet. And the only -- the family 20 that had the most concern, I believe, were the Taylors, and 21 they have a little cul-de-sac at the end of their -- at the 22 end of Larry Lane which feeds into their property. So, you 23 know, I think if they're satisfied, and the Daltons who 24 intend to build, and I think the Taylors -- or the -- or the 25 Coopers, who probably had not given any indication of when 4/22/02 28 1 they might build, if they're all satisfied, I think we've 2 probably taken care of any neighborhood concerns. 3 COMMISSIONER LETZ: I think that if it is in 4 a subdivision, I think it will have to fall under 5 Subdivision Rules, which require notice of amending the 6 subdivision plat. 7 COMMISSIONER BALDWIN: I'm real big on having 8 -- not necessarily having public hearings, but certainly of 9 notifying neighbors that something different is going on. I 10 just think that we ought to give -- give the people an 11 opportunity to know that there's something going on in their 12 neighborhood, as well as an opportunity to come before their 13 government body and speak, so I would like to have the 14 notification happen as well as the public hearing. And I 15 don't know when a public hearing date would -- might be. 16 JUDGE HENNEKE: First meeting in June. 17 COMMISSIONER BALDWIN: First meeting in June? 18 JUDGE HENNEKE: Which would be the 10th, I 19 think. 20 COMMISSIONER BALDWIN: The 10th? 21 JUDGE HENNEKE: Is that right? 22 COMMISSIONER BALDWIN: It's the second 23 Monday, June 10, at -- 24 COMMISSIONER LETZ: Ten. 25 MS. LeMEILLEUR: There's a three-week period 4/22/02 29 1 that they -- we have to give them three weeks notice, and 2 that would give them -- 3 COMMISSIONER BALDWIN: That's enough time 4 there, isn't it? 5 MS. LeMEILLEUR: June would give them enough 6 time. 7 COMMISSIONER BALDWIN: June 10. June 10, 8 10 a.m.? 9 COMMISSIONER LETZ: But, I mean, it will -- I 10 don't know if this will be sufficient to amend the plat 11 that's in here, if that's sufficient to basically amend the 12 subdivision plat. What's going to have to be done -- 13 MR. JOHNSTON: We'd need a formal plat 14 revision? So the road's been discontinued, the 15 right-of-way's been discontinued. 16 COMMISSIONER GRIFFIN: Didn't we do that on 17 Japonica -- 18 MR. JOHNSTON: Can we do that with the same 19 public hearing as we're having for this, right at one time? 20 COMMISSIONER LETZ: Right, one public 21 hearing. 22 COMMISSIONER BALDWIN: Okay. 23 COMMISSIONER LETZ: I think so. 24 COMMISSIONER GRIFFIN: Right. 25 MR. JOHNSTON: The survey's already been 4/22/02 30 1 done. It's just a matter of putting it in the proper 2 format. 3 COMMISSIONER LETZ: That's what I'm saying. 4 MR. JOHNSTON: That would be a one-time 5 thing? We have the public hearing; they can do the plat 6 revision? 7 COMMISSIONER GRIFFIN: Sure. 8 MR. JOHNSTON: Or do we have to do a 9 preliminary sometime in the meantime? 10 COMMISSIONER LETZ: Well, but if we -- 11 assuming at the next -- our early May meeting, we'll change 12 the Subdivision Rules to allow for a one-time visit. 13 MR. JOHNSTON: We'll assume that. 14 COMMISSIONER BALDWIN: I'll move we have a 15 public hearing on June the 10th, 2002, at 10 a.m., on the 16 portion of Larry Lane, to close, abandon, and vacate that 17 portion, have the public hearing as well as a hearing on the 18 plat revision of same. 19 COMMISSIONER WILLIAMS: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Baldwin, second by Commissioner Williams, that the Court set 22 a public hearing on June 10th, Year 2002, at 10 o'clock 23 a.m., here in Kerr County Commissioners Courtroom for the 24 purpose of considering the amendment of the plat of 25 Kerrville South Ranches Number Two for the purpose of 4/22/02 31 1 closing, abandoning, and vacating the portion of Larry Lane. 2 MS. LeMEILLEUR: One question for 3 clarification. That subdivision has had sort of mini 4 subdivisions developed out of it. For example, there might 5 have been a 20-acre tract, and now it's Honey Hills 6 Subdivision. Does this include those mini subdivisions 7 also? They were originally a part of Kerrville South 8 Ranches. Now they have a new name. 9 COMMISSIONER LETZ: I mean, it's just going 10 to depend how it's on record, how this particular tract's on 11 record in the County Clerk's office. I mean, if it's been 12 at some point separated out, I think it's just the separated 13 out portion. 14 MS. LeMEILLEUR: I think it's still part of 15 Kerrville South Ranches, but within the Kerrville South 16 Ranches Number Two, there are little things that no longer 17 have that label. They're now labeled a different 18 subdivision because they've been developed. 19 COMMISSIONER BALDWIN: I know what you're 20 saying. I was looking through this list, and I know there's 21 some names on here that are in another subdivision these 22 days. 23 MS. LeMEILLEUR: Yeah. 24 COMMISSIONER GRIFFIN: I think the way the 25 statute reads is that it only applies to the subdivision 4/22/02 32 1 where these property owners are. 2 MS. LeMEILLEUR: So, if -- if this has been 3 another tract that originally was on south 27 -- 4 COMMISSIONER GRIFFIN: I don't think that 5 applies. 6 MR. JOHNSTON: I don't think it applies. I 7 think the new subdivision supersedes the old one. Just the 8 ones that have this name on it. 9 MS. LeMEILLEUR: Yeah, okay. 10 COMMISSIONER BALDWIN: That's my 11 understanding also. 12 JUDGE HENNEKE: Any other questions or 13 comments? If not, all in favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. 18 MS. LeMEILLEUR: Thank you. 19 JUDGE HENNEKE: Next item, Item Number 4, 20 consider acceptance of a donation of .03 acre of property 21 for Pike's Peak right-of-way at State F.M. 1273. 22 Commissioner Baldwin. 23 COMMISSIONER BALDWIN: Yes, sir. I'll just 24 try to get to the bottom line of this thing here. Recently, 25 Road and Bridge Department has been out in the Pike's Peak 4/22/02 33 1 area rebuilding roads, and there's one area there that we 2 really needed a little more land to do -- in order to do the 3 job correctly and properly and safely. And we approached 4 Mr. Wright about obtaining this .03 acres of his property 5 sitting there doing nothing; he absolutely cannot do 6 anything with. And so the Road and Bridge, through their 7 ingenuity and planning, went ahead without it and figured 8 out a way to build a road without it, but now Mr. Wright has 9 come back and he's -- in his kindness, and would like to 10 just donate the land to us anyway. So, I think there is a 11 -- sorry, Franklin, I didn't make any note in here about 12 what those numbers were, but there is some expense of the 13 survey and some records search. 14 MR. JOHNSTON: Just the actual transfer cost 15 we'll absorb and everything. 16 COMMISSIONER BALDWIN: It's not much. 17 Anytime you obtain a piece of property, there's some cost to 18 it. 19 MR. JOHNSTON: I think we're having a legal 20 description written, and then the actual attorney's fees. 21 COMMISSIONER BALDWIN: So the -- 22 MR. JOHNSTON: I think part of the agenda was 23 to have a -- have an outside attorney do the transfer? Was 24 that on this one? I apparently missed the amendment in here 25 on my packet, too. I think that was the scheme. 4/22/02 34 1 COMMISSIONER LETZ: I mean, I think we could 2 authorize that, if we so choose. 3 JUDGE HENNEKE: I think, yeah, that follows 4 logically. Any other questions or comments? 5 COMMISSIONER BALDWIN: It's $220, is what it 6 is. 7 JUDGE HENNEKE: We have a -- anyone want to 8 make a motion? 9 COMMISSIONER BALDWIN: I would move that we 10 accept .03 acres of property on the Pike's Peak at State 11 Farm -- Farm-to-Market 1273 from Mr. Wright. That's the 12 best I can do right now. 13 COMMISSIONER LETZ: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Baldwin, second by Commissioner Letz, that the Court accept 16 the donation of .03 acre of land from Pike's Peak 17 right-of-way at State F.M. 1273 from the owner, -- 18 COMMISSIONER BALDWIN: John G. Wright, 19 W-r-i-g-h-t. 20 JUDGE HENNEKE: -- John G. Wright, and 21 authorize Road and Bridge Department to utilize services of 22 outside attorney for purposes of drawing up the necessary 23 transfer documents. 24 COMMISSIONER LETZ: And Road and Bridge has 25 budgeted funds for this purpose? 4/22/02 35 1 MR. JOHNSTON: Mm-hmm. 2 JUDGE HENNEKE: Any questions or comments? 3 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: Motion carries. Item Number 8 5, consider the final approval of Twin Springs Ranch Number 9 II in Precinct 2. Commissioner Williams. 10 COMMISSIONER WILLIAMS: Mr. Johnston. 11 MR. JOHNSTON: Lee Voelkel and I went out -- 12 when was that? -- Friday, I think, to look at the -- there's 13 a road involved in this -- this subdivision. The road's not 14 complete, but we're having a Letter of Credit drawn, I 15 think, because we have an original on that. 16 MR. VOELKEL: No, I do not have the Letter of 17 Credit. This is your letter, and then -- 18 MR. JOHNSTON: Oh, yeah, there's several 19 items on the road that are not complete that would -- when 20 will we have a Letter of Credit? 21 COMMISSIONER WILLIAMS: The Letter of 22 Credit's in the packet. 23 MR. VOELKEL: It's my understanding the 24 Letter of Credit was delivered to the County Attorney's 25 office for his approval last week. 4/22/02 36 1 COMMISSIONER WILLIAMS: This is a copy of the 2 Letter of Credit from State National Bank in Lubbock to Kerr 3 County in the amount of $15,000. 4 MR. JOHNSTON: I had an e-mail from the 5 County Attorney; he said -- I think he approved the form of 6 the letter, but I don't know where the actual letter is. 7 MR. VOELKEL: I can certainly track that 8 down. 9 MR. JOHNSTON: Once we get a copy of that, I 10 think we're ready for final approval. He has not paved the 11 road yet, and apparently there's not -- all the base is not 12 in place yet, but this Letter of Credit would cover any 13 expense. 14 COMMISSIONER GRIFFIN: Here's the Letter of 15 Credit, if you want to -- 16 MR. JOHNSTON: We don't have the original, I 17 don't think. 18 COMMISSIONER GRIFFIN: You can have that for 19 now, for your own edification. 20 MR. JOHNSTON: So, when we receive the 21 original, I guess we can -- 22 MR. VOELKEL: Right. I'll get that right 23 away. Just for information, too, we have -- of course, this 24 is an ETJ plat, so we've been going to the City and the 25 County. The City had final approval of the plat two weeks 4/22/02 37 1 ago, and they have signed on the plat, so they have approved 2 it. 3 COMMISSIONER WILLIAMS: As far as you're 4 concerned, everything else is in order on this, Franklin? 5 MR. JOHNSTON: Everything else appears to be 6 in order. Just waiting on that road to be complete. 7 JUDGE HENNEKE: I think what we can do is 8 approve the final plat subject to receipt of the original 9 Letter of Credit, at which time County Judge can be 10 authorized to sign the plat. That works for you, 11 Commissioner Williams? 12 COMMISSIONER WILLIAMS: That works for me. 13 But the letter must be around here somewhere, 'cause there's 14 a copy of it. 15 MR. VOELKEL: Well, lots of copies, but -- 16 MR. JOHNSTON: We need the letter. 17 COMMISSIONER WILLIAMS: The original must be 18 around here someplace. Somebody has it. 19 MR. VOELKEL: I'll track it down. 20 JUDGE HENNEKE: As soon as the County 21 Engineer has the original, then he can bring the plat to me 22 for signature. 23 COMMISSIONER WILLIAMS: Okay. I would move 24 final approval of Twin Springs Ranch II, Precinct 2, 25 conditioned on receipt of the original Letter of Credit made 4/22/02 38 1 payable to Kerr County. 2 COMMISSIONER LETZ: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Williams, second by Commissioner Letz, that the Court grant 5 final approval to plat of Twin Springs Ranch, Roman numeral 6 II, in Precinct 2, subject to receipt of the original Letter 7 of Credit from State National Bank in the amount of $15,000, 8 at which time County Judge will be authorized to sign the 9 final plat. Any questions or comments? If not, all in 10 favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: All opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. 15 COMMISSIONER BALDWIN: Judge, I'd like to 16 make a comment. Here we have an elected official here that 17 -- that makes the big bucks. What do we need to do to get 18 you a decent shirt to wear? 19 (Laughter.) 20 MR. VOELKEL: This is my daughter's ATM 21 machine. 22 JUDGE HENNEKE: I see. 23 COMMISSIONER BALDWIN: I see. 24 (Laughter.) 25 JUDGE HENNEKE: That's good. I like that. 4/22/02 39 1 COMMISSIONER BALDWIN: That's why he's in the 2 big bucks; he's sharp. 3 JUDGE HENNEKE: Item Number 6, consider the 4 approval of the final plat of Cutoff Business Park with 5 following variances: Number one, lot size; number two, 6 drainage; number three, utilities installation; number four, 7 driveway intervals, all located in Precinct 4. Commissioner 8 Griffin. 9 COMMISSIONER GRIFFIN: Yes. I'll turn this 10 one over to Franklin as well. If -- you may recall that 11 this is one that we've dealt with for some time, and in fact 12 I think some of the changes that you're going to propose to 13 the Subdivision Rules and Regs are going to address some of 14 these issues that we talked about on commercial properties, 15 because we just hadn't addressed them in the Subdivision 16 Rules in the past. Is that correct? Is that correct? You 17 know, we talked about these -- we talked about the variances 18 at separate times, but then we agreed that if -- if Franklin 19 would buy into those variances and go through the process -- 20 and we'll step through those here in a second -- that we'd 21 go ahead and approve this maybe. Franklin? 22 MR. JOHNSTON: I think the preliminary plat 23 was passed. You said if there's any items that do not meet 24 the current rules, to list them as variances in the final 25 plat, and so these four are as a result of that. Obviously, 4/22/02 40 1 the lot size does not really meet the requirements. They're 2 1.1 acre lots. They are on a water system. It does not 3 have surface water like the current platting rules state, so 4 they need a variance for that. Drainage through the 5 subdivision, we had a drainage study completed and reviewed, 6 but it technically doesn't meet the standards of 5.06.B that 7 states actual water course through a subdivision, the 8 100-year frequency will be reduced to 80 percent. This 9 one's actually slightly increased. The engineer sent us a 10 letter stating it would not have an effect on anyone 11 downstream. So, that would be a variance. Utilities in the 12 Subdivision Rules state they all should be placed within 13 zero to 4 feet of the outside property line, and these 14 utilities are located 8 feet within the property line. 15 COMMISSIONER LETZ: What's the reason for 16 that one? 17 MR. JOHNSTON: They were in before the plat 18 even -- were even brought to us. I don't know if there's 19 someone here to -- the owners -- I guess they're not here. 20 I don't know. This just is a commercial subdivision, and we 21 have a provision in our Subdivision Rules that commercial 22 driveways will have an interval of 120 feet between 23 driveways, and these ones are less because of lot size. 24 JUDGE HENNEKE: How much less? 25 MR. JOHNSTON: They vary. The lots are 4/22/02 41 1 different frontages on the road. They're probably on the 2 plat. Obviously, the ones on the cul-de-sac will be less. 3 There's only one development out there right now. So -- 4 COMMISSIONER GRIFFIN: I have a question on 5 that one, because on a commercial property, let's say, like 6 you've got a strip center, you could have one driveway that 7 services them all, so why -- why would we -- why do we 8 require 120 feet between -- I mean, what's that based on? 9 Is there any -- 10 COMMISSIONER LETZ: I think it was in there 11 -- it's kind of been carried on for a long time. It was in 12 there originally back with the Elgin Bank stuff; we got it 13 on the residential subdivisions, that we had language in 14 there for commercial as well. But I think, really, the way 15 we need to look at commercial subdivisions is on a 16 case-by-case basis. I mean, and it's a -- 'cause I don't 17 know how you could ever write a subdivision rule. And our 18 rules do allow for this, that, you know, certain 19 developments we just have to look at on a case-by-case 20 basis. And I think we really -- commercial probably ought 21 to be included into that language, maybe to eliminate some 22 of this specific language, because it was in there so we -- 23 basically so we could keep track of it. 24 COMMISSIONER GRIFFIN: Sure. 25 COMMISSIONER LETZ: And I think we just have 4/22/02 42 1 to look at each one. The only one that concerns me out of 2 these -- I mean, the drainage one a little bit, but if 3 there's a letter from the engineer and that's his license, 4 you know, more than us. Utilities -- is this a private 5 road? 6 MR. JOHNSTON: No, it's County-maintained. 7 COMMISSIONER LETZ: That's the one, because 8 of -- there's a potential of damage there. I mean, you 9 know, I -- I don't know if we're agreeing to take on the 10 road -- 11 MR. JOHNSTON: This 8 foot was in the -- 8 12 foot puts them pretty close to where the ditch is. As we 13 clean the ditches, that's a problem we have now with some of 14 the subdivisions. We break water lines and then -- I don't 15 think we should be responsible to fix them if they don't put 16 it in to our rules to begin with. 17 COMMISSIONER LETZ: Right. That's the only 18 one out of these that, to me, is a little bit of a concern. 19 What are the depths? Do you know? 20 MR. JOHNSTON: Like I said, they weren't 21 inspected. They were placed before they even brought the 22 final -- preliminary plat to us. They said, "Oh, yeah, the 23 water lines are in." So -- 24 COMMISSIONER LETZ: Is it Aquasource? 25 MR. JOHNSTON: Aquasource. 4/22/02 43 1 COMMISSIONER LETZ: Judge, is it -- or I 2 don't know; you may not know the answer. Is it possible to 3 -- to not accept liability for the utility lines? 4 COMMISSIONER GRIFFIN: Put a note on the 5 plat. 6 JUDGE HENNEKE: I think it's possible. 7 COMMISSIONER LETZ: Because, I mean -- 8 JUDGE HENNEKE: They're outside of our rules, 9 so we, you know, put something on the plat that the County 10 accepts no liability for -- 11 COMMISSIONER LETZ: Damage to utility lines. 12 JUDGE HENNEKE: -- damage to utility lines. 13 I mean -- 14 MR. JOHNSTON: I think in this case it would 15 just be water lines. I don't think each lot has a septic 16 system, so -- 17 COMMISSIONER BALDWIN: Wouldn't Aquasource 18 keep a record of depth and width and those kinds of things? 19 COMMISSIONER LETZ: It would -- you would 20 think so. 21 COMMISSIONER BALDWIN: Oh, sorry. Sorry. 22 COMMISSIONER GRIFFIN: And your 23 recommendation is, Franklin, that we approve this with the 24 variances? And we -- 25 MR. JOHNSTON: Well, I don't think the point 4/22/02 44 1 that we're at -- 2 COMMISSIONER GRIFFIN: What's that? 3 MR. JOHNSTON: I said I think the point that 4 we're at -- I think it's a good idea, though, if they put it 5 in contrary to our rules, we shouldn't be responsible -- 6 COMMISSIONER GRIFFIN: Right. 7 MR. JOHNSTON: -- for that. That's -- no one 8 seems to be here anyway. Why don't we just do it next week? 9 They don't have the Letter of Credit; they were supposed to 10 bring it this morning, for maintenance on the road. 11 JUDGE HENNEKE: Did you get approval of the 12 language from the -- 13 MR. JOHNSTON: I did. They're supposed to 14 bring the original and the mylar. I don't see anyone here, 15 so maybe we could just do it next week and have that note 16 put on the plat. 17 COMMISSIONER GRIFFIN: Yeah. 18 COMMISSIONER LETZ: Yeah. I mean, I -- 19 COMMISSIONER GRIFFIN: If they're not here 20 for sure. 21 JUDGE HENNEKE: Well, we'll table this one 22 and bring it back next week. Hopefully they'll have the 23 Letter of Credit ready and mylar, and with the understanding 24 that we'd like the County Engineer to express to them that 25 they need to put on the plat that the County accepts no 4/22/02 45 1 responsibility for utility lines that were placed that do 2 not conform to the Subdivision Rules. 3 COMMISSIONER GRIFFIN: That needs to be a 4 note on the plat. 5 JUDGE HENNEKE: Note on the plat. 6 MR. JOHNSTON: Mm-hmm. 7 JUDGE HENNEKE: Okay. Item Number 7, 8 consider authorizing the County Engineer to write a letter 9 to clarify Section 1.02.B of the Kerr County Subdivision 10 Rules and Regulations. 11 MR. JOHNSTON: I think y'all have this little 12 picture of the colored things I'll refer to. That is a 13 specific case, but I'll -- I'll read it in such a way that 14 it could be applied as a general case. These folks came in 15 and wanted to apply the family division paragraph in our 16 Subdivision Rules to divide one lot into two lots and join 17 it to an adjacent -- let me go through it step-by-step. 18 There are three contiguous 10-acre lots. The father owns 19 two lots and the son owns one lot. Father wants to divide 20 the center lot into two pieces, convey half of it to the 21 son, so they'll both have an equal amount, 15 acres. They 22 said that they wanted a letter that stated that they 23 qualified as a family division exemption to platting; 24 however, this is already a platted lot. I think the way the 25 language reads, if I read it correctly, the family division 4/22/02 46 1 refers to a tract of land, whereas this is a platted sub -- 2 platted lot in a subdivision, so I would think that they 3 need to go through the one-step platting process we have in 4 our revised rules, even though it's family members involved. 5 But I wanted to get your okay to do it, to write a letter 6 telling him that. 7 COMMISSIONER LETZ: I agree. I mean, once 8 you're in a plat -- the exemption that they're requesting is 9 state law. 10 JUDGE HENNEKE: Exemption from platting. 11 COMMISSIONER LETZ: Exemption from platting. 12 Once you're platted, I think you're platted. 13 COMMISSIONER GRIFFIN: Yeah. I don't think 14 there's any question about that. 15 COMMISSIONER LETZ: No. So they need to do 16 a -- 17 MR. JOHNSTON: I just wanted to clarify. A 18 lot of people are claiming the opposite, so I wanted to get 19 y'all to say yeah, you're right, or wrong. 20 COMMISSIONER LETZ: Yeah. Once they're 21 platted, anything they do -- I mean, all the exemptions 22 don't qualify once you're in a platted subdivision. 23 JUDGE HENNEKE: Do we need an order to 24 authorize Mr. Johnston to write the letter saying this falls 25 within the subdivision -- 4/22/02 47 1 MR. JOHNSTON: Probably be easier to refer to 2 a court order if we had to write him a letter; say the Court 3 reviewed it and this is the result. 4 COMMISSIONER WILLIAMS: So moved. 5 COMMISSIONER GRIFFIN: Second. 6 JUDGE HENNEKE: Motion by Commissioner 7 Williams, second by Commissioner Griffin, that the County 8 Engineer is authorized to write a letter to the owners of 9 Lots 2, 3, and 4 in Kerr Vista Ranch Subdivision, Section 3, 10 Block B, regarding the division of such lots falling within 11 Kerr County Subdivision Rules and Regulations. Any further 12 questions or comments? If not, all in favor, raise your 13 right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Okay. Item 18 Number 8, consider and discuss appropriate action to grant a 19 temporary exception or variance to the O.S.S.F. real estate 20 transfer requirement for Bill Clements, owner of the Rancho 21 Oaks Mobile Home Park on Ranchero Road, in return for the 22 agreement by Mr. Clements to connect the mobile home park 23 onto the sewer collection line to be constructed in the near 24 future. Commissioner Williams. 25 COMMISSIONER WILLIAMS: Members of the Court, 4/22/02 48 1 this is an issue arising out of the forthcoming sewer 2 collection system to be installed in Phase I of the 3 Kerrville South project, and Mr. Clements came to 4 Commissioner Baldwin and to me with regard to his particular 5 problem, and Mr. Barron, the Designated Representative for 6 O.S.S.F., also contacted us regarding this particular 7 problem. We weren't certain at the time whether a variance 8 or an exception would be made or could be made to the real 9 estate transfer section of our O.S.S.F. order, but when I 10 put the agenda item on, Commissioner Baldwin and I -- 11 actually, we had written a memorandum to the County Attorney 12 prior to, and when it came time to put this item on, had not 13 received a response from the County Attorney. We have 14 subsequently received a response. I believe everybody has a 15 copy of that? 16 JUDGE HENNEKE: No. 17 COMMISSIONER WILLIAMS: Dated April 18th. 18 Nobody has a copy of that? 19 COMMISSIONER LETZ: Yeah, I do. 20 COMMISSIONER WILLIAMS: Somebody has a copy 21 of it. I have a copy. Commissioner Baldwin has a copy. 22 Judge didn't get a copy. Larry, you didn't get a copy? 23 COMMISSIONER GRIFFIN: I've got the copy to 24 the County Attorney, but I don't have anything back. 25 COMMISSIONER BALDWIN: Send that down there 4/22/02 49 1 to him. 2 MS. SOVIL: There was only two -- two copies. 3 COMMISSIONER WILLIAMS: He indicated 4 something about Commissioners' file, so I assumed that he 5 sent one to every member of the Court, but apparently he did 6 not. And we can provide you copies if you wish; be happy to 7 do that. The issue quite simply is Mr. Clements wants to 8 sell his property. He has a purchaser lined up to purchase 9 his property. He's been waiting to close on his property 10 because it's his desire, and I am advised -- I think 11 Commissioner Baldwin as well, we're both advised that the 12 purchaser would be delighted to comply with any court order 13 that would require hooking up that particular mobile home 14 park to the sewer line when it comes in. And, so what we're 15 asking the Court today is, I think you'll determine from 16 Mr. Motley's memo that the preferred route would be the 17 exception route, as opposed to granting a variance to 18 O.S.S.F. rules. We would be on a case-by-case basis, 19 examining the potential of accepting a situation where, in 20 return for that exception, the purchaser and -- the seller 21 and the purchaser agree to certain conditions affecting the 22 forthcoming sewer. Am I stating it correctly? 23 COMMISSIONER BALDWIN: Yes, sir, you're right 24 on the ball. 25 COMMISSIONER WILLIAMS: So, reduced to its 4/22/02 50 1 lowest common denominator, that's what this is all about. 2 Mr. Clements' purchaser -- I'm not certain if the purchaser 3 is in the room or not. I see Mr. Clements. Would you 4 identify yourself, sir? 5 MR. CANTON: Yeah. I'm Conrad Canton. 6 COMMISSIONER WILLIAMS: Okay. I spoke with 7 your attorney, and he also advised that he might be here 8 this morning. But the bottom line is, if the Court agrees 9 with this premise, you -- please be seated -- we would be 10 requiring a legal document from you that pledges to grant 11 the necessary easements to Kerr County and/or U.G.R.A., 12 whomever, appropriately for access to the property to lay 13 the sewer line, and that you would take responsibility for 14 hooking up all of the various pads there to the sewer when 15 the sewer line comes into play. I think that's it. 16 COMMISSIONER BALDWIN: Pretty much it. Now, 17 the -- the letter that we got back from Mr. Motley, which we 18 got back Friday, I believe, which is -- you know, once I 19 started reading the thing, I felt like I needed to go hire a 20 lawyer to tell me what the lawyer said. And it talks about 21 -- we talked about variances and waivers and exceptions 22 and -- and all those things, which is probably a workable 23 thing. But I think the ideal way to do this -- of course, 24 Bill, I'm going -- I'm going to support this, 'cause I'm -- 25 we want to get this project going, but I think the ideal way 4/22/02 51 1 to do this thing is to wait a couple weeks on it, get on the 2 agenda to delete Section 10 from the Subdivision 3 Regulations, and just go on with it. That way we wouldn't 4 have to be jumping through a bunch of hoops because of a 5 transfer of a piece of property. And -- 6 COMMISSIONER LETZ: O.S.S.F. regulations. 7 COMMISSIONER BALDWIN: I'm sorry? 8 COMMISSIONER LETZ: You said Subdivision -- 9 Section 10 of the Subdivision -- 10 COMMISSIONER BALDWIN: I'm sorry, O.S.S.F. 11 regulations. I apologize for that. Stuart? 12 MR. BARRON: Yes, sir? 13 COMMISSIONER BALDWIN: In our packet here -- 14 I'm all right with everything up here, okay? But this kind 15 of stuff right here, this letter from Jim Brown to the 16 Judge, Bill, and Larry regarding this issue in my precinct, 17 I really, really don't like. Okay? And I know that's not 18 you; I understand that, but you can pass the word back along 19 if you want to. Or -- and I will also. 20 MR. BARRON: Okay. 21 COMMISSIONER BALDWIN: But for future 22 reference, don't send a letter to these other guys about 23 something in my precinct, okay? 24 MR. BARRON: Yes, sir. 25 COMMISSIONER BALDWIN: Thank you. I guess 4/22/02 52 1 that's all. The ideal -- ideal way is just to take Section 2 10 out of the O.S.S.F. rules, and that way we won't have to 3 deal with these things, and I intend to bring that to the 4 Commissioners Court very soon. That's all I have to say, 5 Bill. And I apologize; I'm blindsiding you just a tad here. 6 COMMISSIONER WILLIAMS: Just a little bit. 7 COMMISSIONER BALDWIN: I'm going to apologize 8 to you for that. I just thought about it all weekend; I 9 didn't want to call you on Sunday. So -- 10 COMMISSIONER WILLIAMS: Well, I was home. 11 COMMISSIONER BALDWIN: It's all yours. 12 COMMISSIONER WILLIAMS: Well, one of the 13 flies in the ointment -- maybe there are a couple flies in 14 the ointment there. Your expressed intention with respect 15 to deleting Section 10 from the O.S.S.F. is new information, 16 and that's okay. 17 COMMISSIONER BALDWIN: Mm-hmm. 18 COMMISSIONER WILLIAMS: The other thing is, 19 however, that I think Mr. Clements and the purchaser are 20 rather anxious to get on with their transaction. 21 COMMISSIONER BALDWIN: I understand that. 22 COMMISSIONER WILLIAMS: And what we'd be 23 doing here would be delaying them again an inordinate amount 24 of time if we asked them for this delay to -- today so that 25 we could obtain from the County Attorney his best advice. 4/22/02 53 1 And which he does give us his best advice, and he indicates 2 in his three-page letter that he believes the exception 3 route seems to provide a more comfortable fit with the facts 4 and desires of the current situation, and would be the 5 preferred route in the County Attorney's opinion. So -- 6 COMMISSIONER LETZ: Commissioner, what we're 7 proposing here -- you're proposing is that we grant an 8 exception to Section 10 as long as they tie into the sewer 9 line when it's available? 10 COMMISSIONER WILLIAMS: That's the bottom 11 line. 12 COMMISSIONER GRIFFIN: And you need a 13 document that locks that in. 14 COMMISSIONER WILLIAMS: Right. 15 COMMISSIONER BALDWIN: From the buyer. 16 COMMISSIONER GRIFFIN: That's right. 17 COMMISSIONER WILLIAMS: Purchaser has to 18 agree in writing. 19 COMMISSIONER GRIFFIN: Makes a lot of sense. 20 It wouldn't -- 21 COMMISSIONER LETZ: Yeah, that's pretty 22 simple. 23 COMMISSIONER GRIFFIN: It's pretty 24 straightforward. 25 COMMISSIONER BALDWIN: So, Bill, through all 4/22/02 54 1 of that, I would -- I would -- I'm dying to second your 2 motion. 3 COMMISSIONER WILLIAMS: Okay. I'm going to 4 give you that opportunity to expire right on the spot. I 5 would move that the Court grant an exception to the rules -- 6 O.S.S.F. Rules, Section 10, regarding inspection upon the 7 transfer of real estate for -- to enable the Rancho Oaks 8 Mobile Home Park to be -- for sale of that park to be 9 concluded, and in return for that exception, the purchaser, 10 who identified himself, and we'll make certain that the 11 clerk has his name and address, agrees to -- in writing, to 12 provide the necessary easements for the sewer line to come 13 into his property, and agrees that all of the pads, I think 14 23 of them -- I believe there are 23 -- will be made 15 sewer-ready; sewer will be hooked up. That's the sense of 16 my motion. 17 COMMISSIONER BALDWIN: And I'd like to second 18 that motion. 19 JUDGE HENNEKE: Any questions or comments? 20 MR. BARRON: "Into the property" -- there may 21 be some homes behind the property in the future. Can we 22 have "into or throughout the property," sewer line? 23 COMMISSIONER WILLIAMS: Come up and say it 24 again, Stuart. I didn't hear what you said. 25 MR. BARRON: You said that the buyer will -- 4/22/02 55 1 written consent to allow sewer line into the property. 2 Could we have "into and throughout the property" for 3 additional homes behind the property maybe in the future? 4 COMMISSIONER WILLIAMS: Into and throughout 5 the -- if the purchaser will agree to it, yes. 6 COMMISSIONER BALDWIN: One of my questions 7 is -- is, you know, we've -- we've gotten two grants. One 8 is to run this pipe down the middle of the road, et cetera, 9 et cetera, and then there's another grant that eliminates 10 the homeowner spending money out of their pocket for the 11 hookup fee. Is that -- 12 COMMISSIONER WILLIAMS: Provides funds for 13 hookup if they meet the criteria. Is Eric here? Eric, 14 would you speak to that issue? They need to make a certain 15 income level; is that correct? 16 MR. HARTZELL: Yes. 17 COMMISSIONER BALDWIN: And then, Eric, let me 18 get down to my question. 19 MR. HARTZELL: Sure. 20 COMMISSIONER BALDWIN: So we have decided 21 that the project that we have done so far, the area down to 22 the south of Ranchero Road -- you know, this issue here is 23 on the north of Ranchero Road, and, of course, I think -- I 24 believe Bill Clements is a pretty wealthy guy, see, so -- so 25 does -- would this mobile home park comply with that? 4/22/02 56 1 MR. HARTZELL: Yeah. The way the program 2 works, actually, there are two grants. Each grant pays for 3 a portion of main lines and for the connections associated 4 with that section of main lines for those people who are 5 what are considered low- to moderate-income. And it doesn't 6 matter who owns the land; it matters who lives in the 7 housing unit. 8 COMMISSIONER BALDWIN: I see. 9 MR. HARTZELL: And so if a person living in 10 the housing unit qualifies on their income, they can receive 11 a free connection, whether they're in a mobile home park or 12 a house or -- 13 COMMISSIONER BALDWIN: But we're not positive 14 about Mr. -- about this mobile home park that we're dealing 15 with. 16 MR. HARTZELL: Whether or not the folks in 17 there are -- 18 COMMISSIONER BALDWIN: Yeah. 19 MR. HARTZELL: -- will qualify? We're not 20 100 percent sure; it's not been surveyed. However -- 21 COMMISSIONER BALDWIN: Okay. I just wanted 22 to bring that concern up, you know, that we all understand 23 that it may or may not fit perfectly. 24 MR. HARTZELL: Right. The main lines would 25 be able to be run through there, but whether or not we could 4/22/02 57 1 pay for the hookups to the mobile home, that would have to 2 be determined by surveying the actual -- 3 COMMISSIONER BALDWIN: So if the new owner 4 agrees that everything's going to be hooked up and those 5 folks that live in those houses don't fit this thing, then 6 he's -- he's going to see to it that it's hooked up, is what 7 I hear. 8 MR. CANTON: Yes, sir. 9 COMMISSIONER BALDWIN: Well, thank you. 10 Good. 11 MR. HARTZELL: Just for your information, a 12 two-person household in Kerr County, to qualify, you're 13 talking about around $30,000 or less annual income. 14 COMMISSIONER BALDWIN: Okay, thank you. 15 MR. HARTZELL: Sure. 16 JUDGE HENNEKE: Motion by Commissioner 17 Williams, second by Commissioner Baldwin, that the Court 18 grant an exception to the Section 10 real estate transfer 19 requirements in the Kerr County O.S.S.F. Rules for the sale 20 of the Rancho Oaks Mobile Home Park, a one-time exception, 21 upon approval by the Court of an agreement between the 22 seller, the prospective purchaser, and Kerr County that the 23 mobile home park will be connected to the central sewer 24 collection system not later than 24 months after such sewer 25 collection system is available for use. Did I get it right? 4/22/02 58 1 COMMISSIONER BALDWIN: Pretty darn close. 2 COMMISSIONER WILLIAMS: That's good enough 3 for now. 4 JUDGE HENNEKE: Any questions or comments? 5 Did you have any -- Mr. Clements, was that clear to you? 6 MR. CLEMENTS: That will be fine. Who makes 7 that agreement out that he signs, the buyer? 8 JUDGE HENNEKE: Well, we'll have to see if we 9 can't get the County Attorney to work on it, and work it 10 between them and your attorney. So, we'll get to work on 11 it. Any questions or comments? If not, all in favor, raise 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. All right. 17 Item Number 9, consider and discuss identifying and 18 approving locations in Precincts 1, 2, 3, and 4 for the 19 Butt-Holdsworth bookmobile to stop on a routine schedule to 20 be implemented by the library. 21 COMMISSIONER WILLIAMS: Judge, members of the 22 Court, we've talked about this before. This is simple. 23 Just fill in the blanks and hand it back to me. 24 COMMISSIONER BALDWIN: Thank you. 25 JUDGE HENNEKE: And when would you like that 4/22/02 59 1 handed back to you by? 2 COMMISSIONER WILLIAMS: A.S.A.P. 3 COMMISSIONER LETZ: There won't be any in 4 Precinct 3, because there's really no spot in Precinct 3 5 other than in the city. 6 COMMISSIONER WILLIAMS: So, the city -- or 7 wherever the bookmobile stops in Center Point? 8 COMMISSIONER LETZ: Center Point location, 9 wherever you choose, will be fine for Precinct 3. 10 COMMISSIONER BALDWIN: And there won't be any 11 in Precinct 1. 12 COMMISSIONER WILLIAMS: So it's up to 13 Commissioner Griffin. 14 COMMISSIONER GRIFFIN: There will be in 4. 15 COMMISSIONER WILLIAMS: Okay. Thank you, 16 gentlemen. 17 JUDGE HENNEKE: Okay. Moving right along. 18 COMMISSIONER WILLIAMS: Moving right along. 19 JUDGE HENNEKE: Item Number 10, consider and 20 discuss appointments to the Kerrville/Kerr County Joint 21 Airport Advisory Board. We do have letters of application 22 in our packets. We also have this scheduled for Executive 23 Session. 24 COMMISSIONER WILLIAMS: Okay. 25 JUDGE HENNEKE: We need a time to do it. 4/22/02 60 1 What's your reference? 2 COMMISSIONER LETZ: My preference is to go 3 back to the one before, 2.9. I think we still need a motion 4 to authorize those locations. 5 COMMISSIONER WILLIAMS: We don't have them 6 identified yet. We can do that when I've -- 7 COMMISSIONER LETZ: So you're going to bring 8 it back? 9 COMMISSIONER WILLIAMS: Yeah. 10 COMMISSIONER LETZ: Okay. 11 COMMISSIONER WILLIAMS: I just wanted you to 12 put something on the paper. 13 (Discussion off the record.) 14 JUDGE HENNEKE: Is it the Court's preference 15 we go into Executive Session to talk about the appointments 16 to the Advisory Board -- Airport Advisory Board? 17 COMMISSIONER WILLIAMS: Frankly, I think that 18 would be preferable, Judge. 19 COMMISSIONER GRIFFIN: Sure. 20 JUDGE HENNEKE: At this time, the Kerr County 21 Commissioners Court will adjourn into Executive Session for 22 the purpose of discussing a short list of the appointments 23 to the Kerr County Joint Advisory Board as posted per the 24 agenda. If you all will excuse us, we'll let you know when 25 we return to open session. 4/22/02 61 1 COMMISSIONER LETZ: Want to take our morning 2 break right after that so we can get a time to be back? 3 JUDGE HENNEKE: Yeah, we'll take our break at 4 10:30, and hopefully reconvene in open session at 20 minutes 5 till 11:00. 6 (The open session was closed at 10:13 a.m., and an Executive Session was held, the 7 transcript of which is contained in a separate document.) 8 (Recess taken from 10:35 a.m. to 10:45 a.m.) 9 - - - - - - - - - - - 10 JUDGE HENNEKE: We'll reconvene this regular 11 special session of the Kerr County Commissioners Court. We 12 are considering Item Number 10. We are back in open 13 session, having deliberated in Executive Session -- 14 Executive Session with regard to appointments to the 15 Kerrville/Kerr County Joint Advisory Board. Is there any 16 further discussion or any action to be taken on Item Number 17 10? 18 COMMISSIONER WILLIAMS: Yeah, Judge, a couple 19 comments that might lead to action. Let me first thank all 20 of the folks in Kerr County who submitted applications for 21 consideration to the airport -- Joint Airport Advisory 22 Board. There's some really fine, fine folks whose 23 credentials are impeccable with respect to service on this 24 board. Having said that, we discussed also the -- some 25 issues that are important to Commissioners Court with regard 4/22/02 62 1 to this particular board, not the least of which is the 2 Master Plan and the fact that continuity plays a major part 3 in -- in the ongoing discussions regarding the Master Plan. 4 And we also discussed some thoughts about not only 5 continuity, but staggered terms on the part of County 6 appointees. Having said that, then, we have -- would like 7 to offer a motion that would -- at the conclusion of our 8 discussions, I would offer a motion that the two current 9 appointees for the City/County Airport Advisory Board be 10 reappointed. 11 COMMISSIONER GRIFFIN: I would second that, 12 but I'd also point out that I think the reason for our 13 technical questions to Megan was that I think we need to 14 look at the board's structure and try to make some 15 recommendations to the City, perhaps with some bylaw changes 16 on how terms are staggered, how -- who makes what 17 selections. I'm talking about appointees, whether it be 18 City or County. Take a look at the chairman's position, 19 should that be appointed, because there is -- as we 20 discussed at the last Airport Advisory Board meeting, that 21 next year there's a good possibility that this Board will be 22 responsible for zoning of property around the airport. 23 That's the way that -- that zoning is being approached 24 around all the airports -- most of the major airports -- 25 general aviation airports in the state, and indeed 4/22/02 63 1 throughout the country. So, this Board could be taking on 2 additional responsibilities. That's not a sure thing yet, 3 but it's something that the -- that will come up next year, 4 and I'm sure that we'll be asked to participate in that, how 5 it will work. So I think, pending those changes, probably 6 continuity is a good idea, but that we would certainly 7 encourage people to -- to want to get involved, and that as 8 a broader issue, we as a Court need to look at what length 9 of service should be -- we should shoot for on any appointed 10 position. That is, is it number of terms? Is it number of 11 years? Perhaps it's probably best to do numbers of years, 12 but we need to review all of that. And I think that 13 extending our current appointees until we get that done is 14 probably a good idea. That's the reason I second the 15 motion. 16 COMMISSIONER WILLIAMS: I agree with 17 Commissioner Griffin, and while I didn't encompass those 18 other thoughts that are important to this issue in the 19 motion, they are important, and I think it's -- it's 20 important that everybody know that we would like to visit 21 the subject of the bylaws and enabling ordinance with the 22 possibility of making some suggestions. 23 JUDGE HENNEKE: Motion by Commissioner 24 Williams, second by Commissioner Griffin, that the Court 25 reappoint Dr. John Davis and Mr. Jim Miller as the County's 4/22/02 64 1 appointments to the Kerrville/Kerr County Joint Advisory -- 2 Joint Airport Advisory Board. Any other questions or 3 comments? Jonathan? Buster? 4 COMMISSIONER BALDWIN: No, sir. 5 COMMISSIONER LETZ: No. 6 JUDGE HENNEKE: If not, all in favor, raise 7 your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE HENNEKE: All opposed, same sign. 10 (No response.) 11 JUDGE HENNEKE: Motion carries. Item Number 12 11, consider and discuss a resolution that authorizes, on 13 behalf of Kerr County, an application to the Texas 14 Department of Agriculture for 2002 Texas Capital Fund Grant 15 to assist Frontier Truck Gear, a business operating in 16 Center Point, Kerr County, Texas. Commissioner Williams. 17 COMMISSIONER WILLIAMS: I'm going to invite 18 both Martha Drake of Grantworks and Rocky Marshall, the 19 president of Frontier Truck Gear, to the podium for some 20 discussion and some background information. I have spoken 21 with Commissioners and asked Commissioners and the Judge to 22 avail themselves -- to tour the facility in Center Point and 23 see what Frontier Truck Gear was all about and what they're 24 doing. And this -- this action item is one intended to 25 allow Kerr County to be an applicant before the Texas 4/22/02 65 1 Department of Agriculture for 2002 Texas Capital Fund Grant 2 for the purpose of enabling Mr. Marshall to acquire the 3 property, the building and property that his business is 4 located in. You'll note that the Texas Capital Fund has 5 been moved from wherever it was in the past to the 6 Department of Agriculture. I'm not sure that I know why, 7 but I would invite Mr. Marshall to take a minute or two and 8 tell us about Frontier -- yourself and Frontier, your plans, 9 your visions, and Ms. Grant to -- Ms. Drake to tell us a 10 little bit about the Texas Capital Fund and answer the 11 Commissioners' questions that may come up. 12 MR. MARSHALL: Thank you, Bill. I appreciate 13 the Court allowing us a chance to talk about our company. 14 At Frontier Truck Gear, we are focused on producing and 15 distributing heavy-duty trucking accessories. Our primary 16 market is throughout Texas, and recently we've landed two 17 national accounts that will cover some 20-odd states 18 throughout the United States. We -- we started this company 19 in November, but actually we're not a new company. I ran 20 one of the largest heavy-duty truck accessories companies in 21 the United States that closed its operation in Boerne to 22 relocate back to its corporate headquarters, and my -- my 23 mission at this point is to put the 62 people that we had 24 working back -- put them back to work, and at this point in 25 time we've added about 14 full-time employees to start a new 4/22/02 66 1 company. The purpose to seek the Texas Capital Fund is 2 effectively to not only buy the property, but what that does 3 to our business is allows us to reduce our monthly payment. 4 I'm currently renting the property at $6,000 a month. If we 5 buy the property, our amortization would actually drop down 6 to $2,000 a month, which will help us significantly with our 7 cash flow. In terms of job creation, which I know this 8 commission is concerned about, our projections are that we 9 would create in excess of 51 new jobs over the next three 10 years with Frontier Truck Gear. I feel very confident that 11 we can do that, in fact, because of the size of the company 12 that we were involved with before. We do -- we have landed 13 a couple of national accounts, and I found out this morning 14 that actually there's a third very large distributor that 15 wants to carry our product line as well, so we feel very 16 fortunate, even though we're a new company, that we've 17 landed some very big accounts that want to carry our product 18 line, which ultimately will impact this county to a great 19 extent. 20 JUDGE HENNEKE: Any questions for 21 Mr. Marshall? Impressive operation. 22 COMMISSIONER GRIFFIN: Yes, sounds very good. 23 And I would think that -- I'll wait until we hear about the 24 Capital Fund status and all, but this is one that ought to 25 fit right into the program very well for what it was 4/22/02 67 1 intended by the Legislature. 2 COMMISSIONER WILLIAMS: Martha Drake? 3 MS. DRAKE: I think y'all are somewhat 4 familiar with the Texas Capital Fund. 5 Commissioner Williams, it used to be with the Texas 6 Department of Economic Development, but through legislative 7 wisdom, they decided to shift the program to try and address 8 more rural areas. Since T.D.E.D. has a lot of emphasis on 9 high-population centers, they figure T.D.A. is more 10 concerned with rural issues, and so they want to try and 11 channel this money to rural areas. The Texas Capital Fund 12 is a grant program. The money comes from H.U.D. back to the 13 State through the Community Development Block Grant Program. 14 It is moneys to be used in support of economic development 15 activities, specifically jobs to be created, of which at 16 least 51 percent of any project number of jobs must be 17 filled by persons who are of low to moderate income when 18 they're hired. Hopefully he'll immediately pay them, so 19 they'll no longer be low to mod, but the idea is that you 20 create jobs for low to moderate individuals. 21 In this program, there are two different 22 pools of money -- or one pool of money, but two different 23 uses. Either infrastructure improvements, if a business is 24 going to build a new facility, or real estate funds where 25 the County can come in, purchase a building -- an existing 4/22/02 68 1 building, and then lease it back to a business on a 2 long-term zero percent lease repayment. In this case, we're 3 going to, if you approve, ask for $500,000, which will cover 4 the cost of purchasing the building, and also cover some 5 administration costs, so that during the three-year period, 6 we can provide administrative reporting services, 7 recordkeeping services. The -- the limitations to the Texas 8 Capital Fund are that this is the only business that can 9 benefit from the purchase of this building at this point. 10 You will enter into, as I said, a lease to 11 option purchase -- I'm sorry, a lease-to-purchase option. 12 The Texas Local Government Code allows counties that are 13 utilizing this particular grant program to bypass the normal 14 bidding procedures so that you don't have to put the 15 building up for open bid when you're going to sell it. You 16 can enter into an agreement with him. He has three years to 17 meet his commitment -- job and financial investment 18 commitment. At that time, the County's responsibility or 19 liability for the building ends, as far as a repayment. You 20 will continue to receive monthly lease payments from him. 21 Those funds can either be held here in the county to act as 22 a revolving loan fund, or they can be turned around and sent 23 directly back to the Texas Capital Fund. 24 There is a change. On Friday I visited with 25 the Capital Fund staff, and whereas in the past, that 4/22/02 69 1 revolving loan fund could be used for any business here 2 within the county, they are trying to discourage that 3 practice, and so they've made it much more restrictive. Now 4 the only business that can access that revolving loan fund 5 is the original benefiting business. So, in essence, if you 6 chose to keep that money here in the county, then he could 7 access it on short-term loans for maybe an equipment 8 purchase or something like that. So the money that he's 9 repaying, he would then just continue to have access to that 10 money. If at some point you opted not to continue that, or 11 all of his needs were met, or his business went -- sold or 12 out of business or something, then those funds and the 13 revolving loan funds would have to be sent back to the 14 State. So -- so, we're here this morning, with that said, 15 to ask you to authorize the application by resolution, and 16 appoint the Judge to be the authorized signatory for the 17 project. 18 COMMISSIONER BALDWIN: The revolving fund can 19 sit here in the county, and then periodically we can put 20 some of it back into the company? 21 MS. DRAKE: Correct. 22 COMMISSIONER BALDWIN: Or what is the other 23 option? 24 MS. DRAKE: Send it straight back to the 25 State. 4/22/02 70 1 COMMISSIONER BALDWIN: And pay back -- it's 2 not a payback -- 3 MS. DRAKE: Not -- it's his lease payment 4 that he will be paying back the grant over this 20-year 5 period. That money would just be sent straight back to the 6 Texas Capital Fund. 7 COMMISSIONER BALDWIN: Mm-hmm. 8 COMMISSIONER LETZ: Can you go over the -- I 9 guess -- 10 COMMISSIONER GRIFFIN: It's zero interest? 11 MS. DRAKE: Correct. 12 COMMISSIONER GRIFFIN: Zero interest. 13 MS. DRAKE: Correct. 14 COMMISSIONER LETZ: What, if any, liability 15 is to the County for these funds? 16 MS. DRAKE: Right. It may seem really hard 17 to believe, but for the County, there's really no strings 18 attached. When the grant is funded, the County and the 19 business will enter into a contract. The lease-to-purchase 20 option will have in it stipulations that if something should 21 happen to him within his three-year grant period, that he 22 would provide you the moneys to pay back the grant. After 23 his three-year grant period is over, then should something 24 happen in four, five, ten to him, and again the business 25 outgrew the facility and moved or whatever, the building 4/22/02 71 1 would still be the County's property, free and clear, 2 because the Capital Fund purchased it for you free and 3 clear. And then you would have the option of releasing it 4 to another building -- I mean to another business for the 5 same cost, the predetermined lease cost, or you could at 6 that point sell it for, again, the predetermined purchase 7 price that the grant bought it for. And at that point, then 8 you would send that money back to the State. So, you won't 9 really be out-of-pocket anything. The County won't be 10 out-of-pocket anything. 11 COMMISSIONER LETZ: What if, during the 12 three-year period -- 13 MS. DRAKE: If something happened to him? 14 COMMISSIONER LETZ: -- he goes out of 15 business; he doesn't have the money to pay back the 16 $500,000? 17 MS. DRAKE: Well, in your contract between 18 the two of you, we'll be sure to stipulate that he either 19 has a life insurance policy or some sort of a lien or 20 something, but that will definitely be part of your 21 agreement together. 22 COMMISSIONER LETZ: I'm thinking -- I'm 23 thinking more going out of business, not Mr. Marshall -- 24 MS. DRAKE: Right. 25 COMMISSIONER LETZ: -- ceasing to exist. I'm 4/22/02 72 1 thinking more of the -- 2 MS. DRAKE: Even if -- 3 MR. MARSHALL: I'm not enjoying this part of 4 the conversation. I have three children. 5 COMMISSIONER LETZ: Basically, I mean, say 6 the business fails. 7 MS. DRAKE: Correct. 8 COMMISSIONER LETZ: It does happen. And 9 Mr. Marshall or his backers or whoever don't have the money 10 to -- 11 MS. DRAKE: Well, we would require, then, if 12 it's not a life insurance policy, some sort of bond or some 13 sort of -- 14 JUDGE HENNEKE: You're trying to make a 15 what-if. We're saying he doesn't have the money. 16 MS. DRAKE: Right. 17 JUDGE HENNEKE: Period, end of statement. He 18 can't get the money and he doesn't have any backers with any 19 money. Then what's the County's obligation? 20 MS. DRAKE: To try and release the building 21 or sell it at the initial purchase price. 22 COMMISSIONER GRIFFIN: Just -- you'd have the 23 assets. 24 MR. MARSHALL: You own the building. 25 JUDGE HENNEKE: Do we have an obligation to 4/22/02 73 1 make periodic payments to the State during that interim 2 time? 3 MS. DRAKE: That's really negotiable. It 4 depends on if the Capital Fund staff perceives the County as 5 trying to fill the building or sell the building, or if 6 you're just letting it sit there as an asset. 7 COMMISSIONER LETZ: Renegotiated between? Or 8 negotiated -- 9 MS. DRAKE: When that event happens, it's not 10 negotiated up front. It's just -- because they are acting 11 on good faith that that situation will not happen. 12 COMMISSIONER WILLIAMS: I think the concern, 13 Martha, is that if Mr. Marshall's business fails, for 14 reasons of his own doing or reasons out of his control -- 15 MS. DRAKE: Right. 16 COMMISSIONER WILLIAMS: -- and we have the 17 piece of property in Center Point; all of us know where it 18 is and what it is. We don't want the State coming down 19 here -- or we're fearful that the State's going to come down 20 here and say, "If you haven't sold it within six months, 21 start paying that money back." So, what we need to hear 22 from you is that's not the scenario. 23 MS. DRAKE: Correct, that is not the 24 scenario. They won't say, "We give you 180 days to 25 liquidate this property." They'll say, "Continue to try and 4/22/02 74 1 find a business, or continue to try and find a buyer," but 2 they won't -- they won't bar you from participating in any 3 other grant programs if you are making good-faith efforts. 4 COMMISSIONER WILLIAMS: Or demand instant 5 repayment. 6 MS. DRAKE: Correct, they will not demand 7 instant repayment. 8 COMMISSIONER LETZ: I think -- I mean, the 9 easiest way, to my mind, is to -- what we are doing is to 10 approve a resolution pending working out the contract terms. 11 I mean -- 12 COMMISSIONER GRIFFIN: Yeah. We would have 13 to -- 14 MS. DRAKE: Well, and if the project's not 15 funded, well -- 16 COMMISSIONER GRIFFIN: This is just to make 17 the application. 18 MS. DRAKE: Correct. Once it's funded, then 19 all of those sort of deals and agreements can be worked out. 20 COMMISSIONER WILLIAMS: So this will come 21 back to the Court. We're just saying today we will apply, 22 correct? 23 MS. DRAKE: Correct. Correct. 24 COMMISSIONER WILLIAMS: Right? 25 COMMISSIONER LETZ: And if Mr. Marshall or 4/22/02 75 1 the Court, when we look at this agreement, say no, we can't 2 live with this -- 3 MR. MARSHALL: You can always walk away. I 4 mean, if, for some reason -- 5 COMMISSIONER LETZ: Either party doesn't like 6 the terms of the contract. 7 MS. DRAKE: Right. Right. 8 COMMISSIONER LETZ: Okay. 9 JUDGE HENNEKE: Any other questions or 10 comments? 11 COMMISSIONER BALDWIN: Really interesting 12 business. I recommend anybody in the county to go down and 13 take a look at what he's doing down there. 14 COMMISSIONER LETZ: And buy a bumper. 15 COMMISSIONER BALDWIN: And buy a bumper. And 16 buy me a bumper. 17 COMMISSIONER WILLIAMS: Judge, I would move 18 approval of the resolution authorizing on behalf of Kerr 19 County an application to Texas Department of Agriculture for 20 2002 Texas Capital Grant Fund to assist Frontier Truck Gear, 21 a business operating in Center Point, Kerr County, Texas, in 22 the amount of $500,000. 23 COMMISSIONER LETZ: Second. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Letz, that the Court 4/22/02 76 1 approve a resolution that authorizes on behalf of Kerr 2 County an application to Texas Department of Agriculture for 3 a 2002 Texas Capital Fund Grant in the amount of $500,000 to 4 assist Frontier Truck Gear, a business operating in Center 5 Point, Kerr County, Texas, to purchase a facility, and 6 authorize the County Judge to sign the necessary documents. 7 Any questions or comments? If not, all in favor, raise your 8 right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: Opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. 13 MR. MARSHALL: Thank you. 14 MS. DRAKE: Thank you. 15 COMMISSIONER WILLIAMS: Thank you both. 16 MS. DRAKE: Judge, this is the section of the 17 Local Government Code that allows -- that exempts you from 18 having to go out for bids. 19 JUDGE HENNEKE: We've got it. 20 MS. DRAKE: And this is the other document 21 that -- for to you sign, to replace one. 22 JUDGE HENNEKE: Replacement, okay. 23 MS. DRAKE: Thanks. 24 COMMISSIONER LETZ: Thank you. 25 JUDGE HENNEKE: Okay. The next item is Item 4/22/02 77 1 Number 12, consider and discuss a resolution to apply for a 2 2002 Texas Community Development Program Colonia Fund grant 3 to continue the Kerr County/Kerrville South wastewater 4 service project. Commissioner Williams. 5 COMMISSIONER WILLIAMS: This is a Grantworks 6 kind of day, Judge. Seems all of this kind of came together 7 at the same time. Eric, are you available for comment? 8 MR. HARTZELL: Sure. 9 COMMISSIONER WILLIAMS: This is a -- would be 10 a resolution in effect asking the Texas Community 11 Development Fund to approve another application on behalf of 12 Kerr County for half a million dollars to continue the 13 project which is under way; is that correct? 14 MR. HARTZELL: That's correct. 15 COMMISSIONER WILLIAMS: Are there any other 16 whistles and bells and bugs in this that we need to know 17 about? 18 MR. HARTZELL: I don't believe so. This -- 19 I'm Eric Hartzell with Grantworks, for the record. This is, 20 as the Commissioner said, more or less phase, I guess, two 21 and a half of this project. It will continue the sewer 22 service in the Loyal Valley area, and on parts of Ranchero 23 down that -- on the -- before you get to Camp Meeting Creek. 24 The U.G.R.A. met last Wednesday, and their board approved 25 matching funds to help -- to defray the cost of 4/22/02 78 1 administration and engineering in the amount of $55,000, 2 which is sufficient to earn enough points to have this 3 application -- give this application a very good chance of 4 funding this year. 5 COMMISSIONER GRIFFIN: This is pure block 6 grant, right? 7 COMMISSIONER WILLIAMS: Pardon? 8 COMMISSIONER GRIFFIN: This is a pure grant? 9 MR. HARTZELL: Yes, this is -- 10 COMMISSIONER WILLIAMS: Like the first two. 11 MR. HARTZELL: It's non-repayable. 12 COMMISSIONER WILLIAMS: Okay. You ready for 13 a motion? 14 JUDGE HENNEKE: Fire away. 15 COMMISSIONER WILLIAMS: I would move adoption 16 of a resolution that would enable Kerr County to apply for a 17 2002 Texas Community Development Program Colonia Fund Grant 18 to continue the Kerr County/Kerrville South wastewater 19 collection project. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Williams, second by Commissioner Griffin, that the Court 23 approve a resolution authorizing application for 2002 Texas 24 Community Development Program Colonia Fund Grant to continue 25 the Kerrville South wastewater service project. This is 4/22/02 79 1 probably one of the best things we've done in three years, 2 and I'm glad to see that we have an opportunity to expand it 3 and enhance the service that we're able to provide to the 4 people in Kerrville South. Anybody else have any questions 5 or comments? If not, all in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: All opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. 10 COMMISSIONER WILLIAMS: Stick around, Eric. 11 MR. HARTZELL: I'm here for you. 12 JUDGE HENNEKE: The next item, consider and 13 discuss authorizing Tetra Tech, Inc., project engineer for 14 the Kerrville South wastewater project, to solicit 15 construction bids for 2001 Colonia Fund Grant, River Hills 16 sewer line. Advertisement for bids will be published 17 April 24th and May 1st, bids to be opened at a special Kerr 18 County Commissioners Court meeting on May the 9th, Year 19 2002, at 9 o'clock in the morning. Commissioner Williams. 20 COMMISSIONER WILLIAMS: Again, Judge, this is 21 further in the project. We've gotten to the point where the 22 engineering is completed on a certain phase of this project, 23 which requires a line going across River Hills Country Club, 24 and the easement document is being prepared, as I understand 25 it, right now, and the River Hills Country Club board of 4/22/02 80 1 directors will take that under advisement. That's not our 2 deal. This is merely to enable the advertising of bids for 3 that, which is in your packet -- the engineering which is in 4 your packet. And we would advertise twice, I believe, as 5 required by law, and set a bid opening date of May 9th. And 6 I have a separate agenda item dealing with that, unless you 7 think they can be combined into one. I don't know; it's up 8 to you. 9 JUDGE HENNEKE: I think we can do them 10 together. 11 COMMISSIONER WILLIAMS: Okay. Then I would 12 move that the Court authorize Tetra Tech, Inc., project 13 engineer, to solicit construction bids for 2001 Colonia Fund 14 Grant, Kerrville South wastewater project at River Hills 15 sewer line. Advertisement of those bids will be published 16 April 24 and May 1, and the Court will open bids at a 17 special meeting on May 9, 2002, at 9 a.m. 18 COMMISSIONER LETZ: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Williams, second by Commissioner Letz, that the Court 21 authorize Tetra Tech, Inc., as project engineer for the 22 Kerrville South wastewater construction project, to solicit 23 construction bids for 2001 Colonia Fund Grant, Kerrville 24 South wastewater project, specifically the River Hills sewer 25 line, with the advertisement for such bids to be published 4/22/02 81 1 April 24th and May 1st, Year 2002, and the bids to be opened 2 at a special Kerr County Commissioners Court meeting to be 3 held on May 9th, Year 2002, at 9 o'clock a.m., here in the 4 Kerr County Commissioners Courtroom. Before we vote on 5 that, how are the -- how are the construction documents 6 being prepared? 7 MR. HARTZELL: I'm sorry, the construction 8 documents? 9 JUDGE HENNEKE: Yes. I mean, Tetra Tech is 10 the protect engineer. They've consulted with U.G.R.A. and 11 the City? 12 MR. HARTZELL: Okay, yes. The -- the 13 engineer is actually U.G.R.A.'s engineer that was brought 14 into this project, and they have provided all the documents 15 to the City, as required, and Paul Knippel, the City's 16 engineer, has reviewed and approved the documents for the -- 17 to go for bid. 18 JUDGE HENNEKE: And the bids will be 19 solicited in the name of Kerr County, all right. 20 MR. HARTZELL: That's correct. 21 JUDGE HENNEKE: And the bids will be turned 22 in to the County Clerk's office sealed. 23 MR. HARTZELL: That's correct. 24 JUDGE HENNEKE: And then they'll be opened at 25 this Commissioners Court meeting by this Commissioners Court 4/22/02 82 1 on May 9th, and referred to the U.G.R.A. for recommendation. 2 MR. HARTZELL: Right. They'll -- they'll go 3 to Tetra Tech, and Tetra Tech will inform the City and the 4 U.G.R.A. and the County, all three, of the low bid. So 5 they'll provide a bid tabulation, and that will be then 6 brought to your meeting on -- your regular meeting on the 7 13th. 8 JUDGE HENNEKE: At which time -- 9 MR. HARTZELL: We'll be asking for -- 10 JUDGE HENNEKE: -- the Commissioners -- the 11 Kerr County Commissioners Court will approve and authorize 12 the bid. 13 MR. HARTZELL: And award, yeah. And, just so 14 you know, this particular phase of the project is about half 15 of the half million dollars for this colonia grant; it's 16 about $265,000 worth of work. 17 JUDGE HENNEKE: But it provides the 18 infrastructure for expanding the project as well beyond the 19 initial -- 20 MR. HARTZELL: That's correct. 21 JUDGE HENNEKE: -- target. 22 MR. HARTZELL: Yeah. Yeah, the purpose of 23 this sewer line is to upgrade the capacity of the City's 24 system to allow for eventual service to all of Kerrville 25 South. 4/22/02 83 1 COMMISSIONER WILLIAMS: One other caveat, 2 Judge. By -- by following this date schedule, we will have, 3 then -- by the 13th of May, at our regular meeting, we then 4 will have obligated at least 50 percent of the grant, which 5 renders us eligible for this application to move forward, 6 continuing application to move forward. 7 COMMISSIONER LETZ: Has the City thanked us 8 recently about doing this for them? 9 COMMISSIONER WILLIAMS: I didn't receive a 10 call. 11 MS. CAFFALL: Thank you. I used to work in 12 engineering. Thank you. 13 JUDGE HENNEKE: Any further questions or 14 comments? If not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: All opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Next item 19 we've actually taken care of, which is a special 20 Commissioners Court meeting on May 9th at 9 o'clock in the 21 morning. Moving right along, Item Number 15, consider and 22 discuss the approval of the schedule for consideration of 23 the FY '02/'03 budget. You have the proposed schedule in 24 your packets. Does anyone have any questions or comments 25 regarding the proposed schedule for consideration of next 4/22/02 84 1 fiscal year budget? 2 COMMISSIONER BALDWIN: I move that we adopt 3 the schedule. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Baldwin, second by Commissioner Griffin, that the Court 7 adopt the schedule as presented for consideration of the 8 FY '02/'03 budget. Any questions or comments? If not, all 9 in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: Opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. 14 COMMISSIONER LETZ: On that, a related issue 15 to that, the -- are we going to be working on salaries? Are 16 those recommendations coming back next month? 17 JUDGE HENNEKE: That's what we've asked them 18 to do. 19 COMMISSIONER LETZ: I'll ask Tommy to check 20 on that. 21 JUDGE HENNEKE: Item Number 16, consider and 22 discuss approval of contract with Hill Country Crisis 23 Council and authorize County Judge to sign same. You have 24 the form of the contract -- or the actual contract in the 25 packet. It's been redone by the County Attorney's office 4/22/02 85 1 and signed by Bobbie Lesser on behalf of Hill Country Crisis 2 Council. 3 COMMISSIONER LETZ: So moved. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner Letz, 6 second by Commissioner Baldwin, that the Court approve the 7 contract with Hill Country Crisis Council and authorize 8 County Judge to sign same. Any other questions or comments? 9 If not, all in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: All opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. Item 17, 14 consider and discuss application by Kerr County for an 15 Indigent Defense Grant and authorize County Judge to sign 16 all necessary documents for such grant application. This is 17 actually the grant that Tommy Tomlinson made reference to 18 earlier to defray a small portion of the additional expenses 19 that were laid upon the County by the State Legislature in 20 passage of Senate Bill 7. 21 COMMISSIONER GRIFFIN: So moved. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Griffin, second by Commissioner Baldwin, that the Court 25 approve an application by Kerr County for an Indigent 4/22/02 86 1 Defense Grant and authorize the County Judge to sign same. 2 Any questions or comments? If not, all in favor, raise your 3 right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: Opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. Next item is 8 Item Number 18, consider and discuss approval of the 9 Landlord Estoppel and Access Agreements relating to the sale 10 of the Mooney assets to A.A.S.I., now known as Mooney 11 Aerospace Group, Limited, and authorize the County Judge to 12 sign same. The form of the access agreements are in the 13 packet. They've been approved by the City, acting as 14 manager of the airport. Anybody have any questions or 15 comments? 16 COMMISSIONER GRIFFIN: Move we approve. 17 COMMISSIONER BALDWIN: I second that motion. 18 COMMISSIONER GRIFFIN: And authorize County 19 Judge to sign same. 20 JUDGE HENNEKE: Motion by Commissioner 21 Griffin, second by Commissioner Baldwin, that the Court 22 approve the Landlord Estoppel and Access Agreements relating 23 to the sale of the Mooney assets to A.A.S.I., and authorize 24 the County Judge to sign the same. Any further questions or 25 comments? If not, all in favor, raise your right hand. 4/22/02 87 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Item Number 5 19, consider and discuss a resolution supporting the 6 Kerrville Convention & Visitors Bureau proposal to host the 7 Experimental Aviation Association Southwest Regional Fly-In 8 and authorize County Judge to sign same when properly 9 presented with such a resolution. 10 COMMISSIONER WILLIAMS: So moved. 11 COMMISSIONER GRIFFIN: Second. 12 JUDGE HENNEKE: Motion by Commissioner 13 Williams, second by Commissioner Griffin, that the Court 14 approve the resolution supporting the Kerrville C.V.B. 15 proposal to host the Experimental Aircraft Association 16 Southwest Regional Fly-In, and authorize County Judge to 17 sign same. 18 COMMISSIONER LETZ: When would that be? 19 JUDGE HENNEKE: Ms. Caffall, when would that 20 be? 21 MS. CAFFALL: I thought I was going to come 22 up and speak on the subject. This joint resolution was 23 recommended by the Airport Board, and this is just a 24 preliminary response to the E.A.A.'s request for proposals 25 from host cities. So, we -- when I got the resolution back 4/22/02 88 1 from our legal department, it was not a joint resolution, so 2 the Judge won't need to sign anything. However, if we are 3 selected as one of the three finalists, which we should know 4 shortly -- I apologize for the short string on this, but 5 Sudie Burditt with C.V.B. had to get this response back to 6 the fly-in people by Friday of last week, so we have it on 7 the -- on the City Council agenda tomorrow night, a 8 resolution in support. The number one item on their list of 9 things they wanted to consider was the support of the city. 10 So, anyway, if we are selected as one of the three 11 finalists, then we will have significant discussion and 12 agreements on the use of the airport, because the City and 13 County are joint owners of the airport. 14 COMMISSIONER BALDWIN: Is this the same group 15 that used to be here? 16 MS. CAFFALL: They were here for almost 30 17 years until 1998. 18 COMMISSIONER BALDWIN: Moved to Abilene. 19 JUDGE HENNEKE: They have apparently not been 20 satisfied with the -- 21 MS. CAFFALL: They've had -- 22 JUDGE HENNEKE: -- situation in Abilene. 23 MS. CAFFALL: -- rain for -- this will be the 24 fifth year they've been there, and of course last year 25 September 11th occurred 10 days before their event. So -- 4/22/02 89 1 and the majority of their membership, as I understand it -- 2 and I'm not real familiar with this group, but would like to 3 have the event located more centrally in Texas. 4 COMMISSIONER BALDWIN: Would like to have the 5 event what? 6 MS. CAFFALL: Located more centrally in 7 Texas. 8 COMMISSIONER BALDWIN: Centrally. 9 COMMISSIONER GRIFFIN: And what was the date 10 of the fly-in? I don't remember from the -- 11 MS. CAFFALL: That they're proposing? 12 COMMISSIONER GRIFFIN: Yes. 13 MS. CAFFALL: Well, one of the things that 14 has to be discussed with the C.V.B. and the airport is what 15 day it will be. Sudie has narrowed it down -- I think it's 16 either in May or September. 17 COMMISSIONER GRIFFIN: And I think they had 18 about three or four dates, and we only had a couple of them 19 that were even possible. So, all that's T.B.D. This is the 20 preliminary. 21 COMMISSIONER LETZ: You said we don't need a 22 resolution; it's already been done? 23 MS. CAFFALL: No, sir. I apologize for that. 24 It just did not come back to me as a joint resolution, and I 25 don't think it's necessary at this point. I apologize for 4/22/02 90 1 that. We have three items on your agenda; they were all 2 hurry-up, and for various reasons, short -- short timeframe 3 considerations. 4 COMMISSIONER GRIFFIN: This group also has 5 quite a wish list on their -- when they put out the request 6 for proposal. We may not even make the hunt. Nobody may 7 make the hunt on some of these things they asked for, but 8 we'll see. 9 JUDGE HENNEKE: I take it no action is 10 necessary on this. We will officially be on record as not 11 caring whether it comes or not. 12 (Laughter.) 13 MS. CAFFALL: We care. 14 JUDGE HENNEKE: Item Number 20 -- do we need 15 to take action on this one? 16 MS. CAFFALL: Yes. 17 JUDGE HENNEKE: Moving the money? They 18 haven't already resolved to move the money? 19 MS. CAFFALL: Excuse me? 20 JUDGE HENNEKE: The City hasn't already 21 resolved to move the money? 22 MS. CAFFALL: If -- well, we don't need to 23 move money, because -- 24 JUDGE HENNEKE: Reallocate. 25 MS. CAFFALL: We may need additional funds. 4/22/02 91 1 Would you like me to present -- 2 JUDGE HENNEKE: Well, let me call the item 3 first. Item Number 20, consider and discuss authorizing use 4 of $16,667 of the $65,000 budget for airport improvement 5 property grant match for a fencing project match. 6 Mrs. Caffall. 7 MS. CAFFALL: Last year the airport became 8 eligible for three years of what is called entitlement -- 9 federal entitlement grant funding. These grants are 10 available each year based on funding becoming available at 11 state level. In March, we were notified that the funds have 12 become available. They have a fairly short timeline on us 13 telling them whether we want it or not. The airport has 14 recently had a problem with deer and antelope, and although 15 the -- the problem is currently under control, during that 16 process we did survey the airport fence. There's a total of 17 4 and a half miles of fence out at the airport, and almost 18 3 miles of that fence is in poor condition, and it's 19 particularly not resistant to the antelope problem that we 20 have right now. We're -- it will, as I see it, be an 21 ongoing problem at the airport. We also need to regulate 22 vehicular access to the active surfaces of the airport. 23 Right now, if you miss the turn to the subdivision on 24 Airport Loop Road, you can well find yourself out on Runway 25 0321, and it has happened. In 1991, the airport got a grant 4/22/02 92 1 for fencing along Highway 27, the chainlink fence that you 2 see that has the three strands of barbed wire, and continue 3 that fence around the end of Runway 30. I've put together 4 kind of a simple exhibit here, but it's difficult to talk 5 about this in general terms without something to look at. 6 COMMISSIONER BALDWIN: Thank you. 7 MS. CAFFALL: The fencing that's highlighted 8 in blue is existing fencing. At some point in the process, 9 dealing with the deer, I realized that if we tied into that 10 existing fencing and disregarded having to replace all the 11 fencing to the east of the airport, which is a significant 12 portion, that we could go ahead and consider replacing the 13 -- the fencing that goes up around the end of the crosswind 14 runway and ties in at Peterson Farm Road, and also replace 15 the fencing that -- or put new fencing from approximately 16 Dugosh, where our blue fencing ends, and fence -- I'm not 17 going into details, but roughly across the front of the ramp 18 area, so that unless you have business with one of the 19 F.B.O.'s at the airport, you won't be able to drive out onto 20 the air side of the airport. Preliminary estimate for the 21 cost of this fencing is within the funds available through 22 this entitlement grant. It would require an expenditure of 23 up to $16,667. 24 This money is not specifically included in 25 this year's budget. We do have a grant match item of 4/22/02 93 1 $65,000 for property acquisition. Because our Master 2 Plan -- Airport Layout Plan is still with the F.A.A. in 3 approach approval and air space, I can't find out what 4 property it is, if any, we need to buy. We have five months 5 remaining in this budget year, and the likelihood of having 6 each one of the property -- each grant for -- out of that 7 $65,000, each property acquisition would be treated as a 8 separate grant. All the details would have to be worked out 9 with purchasing the property. Grant documents would have to 10 be dawn up, signed by City and County, and then executed. 11 The likelihood of that happening in the next five months to 12 complete everything is -- is probably not a high 13 probability. In the event that it did happen -- and I have 14 learned to be very patient with this grant process and 15 through TexDOT, but we do have $10,000 in contingency in the 16 airport fund that could be dedicated to making up the 17 difference, and that would -- there would be $6,667 18 remaining that the City and County would have to infuse into 19 the airport fund. City Manager Ron Patterson has assured me 20 that that is not a problem for him, to find those funds to 21 transfer into the airport fund. But there is a likelihood 22 that that could happen. 23 COMMISSIONER GRIFFIN: Small. 24 MS. CAFFALL: I would -- you know, the -- 25 COMMISSIONER GRIFFIN: In fact, zero almost. 4/22/02 94 1 MS. CAFFALL: The likelihood of getting this 2 grant started, which I could work on right now -- I do the 3 plans for it myself, and getting it all done and finished by 4 the end of this budget year is very slim. But we have to be 5 prepared in case -- because we have said that we will do 6 this. The -- the fencing is, in my opinion, something that 7 is necessary. I'm sure y'all were familiar with the deer 8 situation we had. And with the way airports and security 9 have evolved since the incidents in September, we don't need 10 to be an airport where somebody happens on the air side that 11 came from the public, as far as trying to control people 12 getting onto our airport. So, this -- this fencing proposal 13 would propose to address both the deer and access to the 14 airport. 15 COMMISSIONER LETZ: What's the total cost of 16 that fencing project? 17 MS. CAFFALL: I estimated it based on costs 18 at similar airports. I came up with a figure of $148,000. 19 That's a preliminary rough estimate. We have -- the total 20 funds available for it will be $166,667. 21 COMMISSIONER LETZ: It's something that needs 22 to be done, definitely. 23 COMMISSIONER WILLIAMS: Megan, does the price 24 on this diagram deal with the issue of cattle guards, or is 25 this going to be gated so people have to go through gates? 4/22/02 95 1 How is that going to be, getting in through the fence? 2 MS. CAFFALL: Well, in the process of dealing 3 with the U.S.D.A. and Texas Parks and Wildlife and getting 4 more input, I also talked to three airports that in the past 5 year have put game-resistant fencing and access issues, and 6 electric gates were indicated as being probably just as or 7 more effective than a cattle guard. 8 COMMISSIONER WILLIAMS: Okay. 9 MS. CAFFALL: The proposal here -- and the 10 reason you see two lines of yellow going around, which is 11 just behind the ramp area, is that it would be nice not to 12 have to go through a gate to get to Kerrville Aviation, for 13 our vendors that use that area predominantly, but there 14 would be a gate to get down to the Kerrville blue hangar. 15 So, there would be a couple of electric gates in here, 16 the -- the other end of the airport, you would have to go 17 through an electric gate. And we would have to address 18 those access issues with our tenants that are -- are in 19 those areas. 20 COMMISSIONER GRIFFIN: I think this is the 21 right way to do it, because if you're just going to meet 22 somebody or whatever, you wouldn't have to go through a 23 gate, but if you're going onto the airport itself, taxiways 24 and runways, you would have to go through a gate, and that's 25 reasonable. 4/22/02 96 1 COMMISSIONER WILLIAMS: One other quick -- 2 COMMISSIONER GRIFFIN: Probably mandate that 3 anyway at some point. 4 COMMISSIONER WILLIAMS: It has to do with the 5 property on the west end of the airport on the cross -- on 6 the -- contiguous to the crosswind runway occupied by 7 Mooney. Are we satisfied that that fencing is there and is 8 okay, so we're not -- 9 MS. CAFFALL: It seems -- it seems like it's 10 in good condition. It's chain link; you know, all the chain 11 link we have on Highway 27, and theirs is not high enough to 12 keep whitetail from jumping over it, but we didn't have any 13 problem. As a matter of fact, we controlled some of those 14 antelope in the Mooney area with the fence that they had 15 there. And I didn't have any reports of deer coming through 16 Mooney to get to the airport, so I think we're okay. 17 JUDGE HENNEKE: Any other questions? 18 COMMISSIONER BALDWIN: I've got probably the 19 important question. What time does the deer and the 20 antelope play? 21 (Laughter.) 22 MS. CAFFALL: I haven't played with them too 23 much. 24 COMMISSIONER GRIFFIN: About dark. 25 COMMISSIONER BALDWIN: After dark? 4/22/02 97 1 COMMISSIONER GRIFFIN: About dark. 2 COMMISSIONER BALDWIN: Oh, about dark. All 3 right. 4 COMMISSIONER GRIFFIN: I'll make a motion 5 that we, from our -- the Court perspective, authorize the 6 use of $16,667 of the $65,000 budget for the A.I.P. property 7 grant match for fencing property match. 8 COMMISSIONER WILLIAMS: Authorize Megan to 9 apply for any other grants as well. 10 MS. CAFFALL: We do have a joint resolution 11 for the joint City and County; it will be on the agenda. 12 COMMISSIONER LETZ: Second. 13 JUDGE HENNEKE: Motion by Commissioner 14 Griffin, second by Commissioner Letz, that the Court 15 authorize use of $16,667 of the $65,000 budget for A.I.P. 16 property grant match for fencing project match, and further 17 authorize the application to the Texas Department of 18 Transportation Aviation Capital Improvement Program for 19 fencing improvements at the Kerrville/Kerr County Airport. 20 Questions or comments? If not, all in favor, raise your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: Opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. As long as 4/22/02 98 1 we got Megan up here, let's take up Item 23, consider and 2 discuss approval of a warehouse lease at the airport. 3 Megan? 4 MS. CAFFALL: I've been working on leasing 5 the warehouse on Tract 19 to B.A. Products, a manufacturer 6 of wildlife feeders currently located between Ingram and 7 Mountain Home. B.A. Products employs 15 to 30 people, 8 depending on season. Because this is another time-sensitive 9 issue, I just wanted y'all to have a picture of their 10 current facility and their web site, just because this is 11 kind of an exciting prospect for the airport. B.A. Products 12 is proposing to move their business to the airport to 13 continue to expand. They have outgrown the facility that 14 they're in now, and they don't have opportunity or room to 15 expand. In return for a lease consideration, B.A. Products 16 is proposing to make $29,000 in improvements to the 17 warehouse. The warehouse was built about 35 years ago. It 18 has office space, break rooms, and restrooms inside it, but 19 they haven't been used in 20 years. It's been used as a 20 storage facility only. 21 And B.A. Products needs the office space. 22 They do the majority of their business over the internet, 23 over the fax, or through modern communications. They're 24 proposing to replace the carpet, rehab the interior of the 25 office space, the kitchen area and the bathrooms, replace 4/22/02 99 1 and repair any plumbing and fixtures as needed. They are 2 going to have to replace the heating and ventilating unit 3 for the office area. Throughout the warehouse and the 4 office area, they're going to have to upgrade the electrical 5 system and install fiberoptic and telephone lines. B.A. has 6 asked that the airport fix the roof leak, repair the holes 7 in the walls, replace the ceiling tiles in one office where 8 they were damaged due to the roof leak, do a one-time pest 9 control before they occupy, and mow the property one time. 10 I've gotten estimates for these repairs, and they total 11 $750, which is within the funds budgeted for building 12 maintenance in this year's airport budget. Some of these 13 items, to be quite frank, are things I needed -- had started 14 the process of doing anyway. In showing the building, it 15 has wonderful natural lighting through skylights, but you 16 can see through little holes around through the walls. 17 So, we have put together a five-year lease 18 with option for two five-year renewals. In consideration of 19 the $29,000 in improvements, the first six months would be 20 at a dollar a month, the remainder of the first three years 21 at $1,500 per month, and then annual C.P.I. adjustments 22 thereafter on the lease term or extensions. I have brought 23 Chris Barley, the president of B.A. Products, with me in 24 case have you any specific questions about his operation. I 25 think that relocating this business to the airport would be 4/22/02 100 1 a real asset. Their present facility, as you can see, is -- 2 is attractive; it's very well-kept. I didn't make an 3 announcement that I was coming out to take a picture. They 4 would diversify revenue sources for the airport. These 5 people aren't dependent on the fluctuating economy that does 6 affect airplane usage and -- or any kind of federal 7 regulations that would affect people using our airport in 8 business, and they may well attract other business -- other 9 industrial-type businesses to the airport to expand their 10 businesses there. We have that whole area on the north side 11 of Airport Loop Road just designated as available for 12 non-aviation use. 13 COMMISSIONER LETZ: You said Tract 19. What 14 building is that? Is that the Gibson building? 15 MS. CAFFALL: The old Gibsons building, yeah. 16 COMMISSIONER LETZ: How is -- the $1,500 a 17 month, have you done any kind of survey as to how that 18 compares to other rentals in the -- 19 MS. CAFFALL: Yeah. 20 COMMISSIONER LETZ: -- community? 21 MS. CAFFALL: We were leasing that property 22 for $1,200 a month to Mooney Aircraft as a storage facility. 23 Mindy Wendele, our business program director, did a market 24 study. We have about two other candidates for this 25 property. B.A. is by far the most exciting of the three, 4/22/02 101 1 but we have not been able to work out leases with the other 2 two, but that figure evolved during the other -- during the 3 process of evaluating the property. 4 COMMISSIONER WILLIAMS: Is this, among other 5 things, a growth opportunity for B and A Products? This 6 allows them to grow, and they have planned growth in the -- 7 in their future? 8 MS. CAFFALL: The current warehouse is, I 9 believe, almost double the size of what they're in now. It 10 is situated on the right-hand side of almost a 3-acre lot, 11 so there's the possibility that during the course -- if they 12 have exponential growth or -- or wanted to consider putting 13 another building on that property there, there's certainly 14 room for it. And then we would come back and have to 15 renegotiate -- obviously, just a warehouse lease wouldn't be 16 appropriate for that. We would get into a ground lease 17 scenario for expansion. 18 COMMISSIONER BALDWIN: You said that there 19 was two other candidates that had made application for this 20 building. How -- and have you denied those? Have you 21 denied those, and then this one popped up? 22 MS. CAFFALL: No. No, we -- it sort of acted 23 in a sequential process. We had discussion with a cookie 24 manufacturer, and the offer that we came up was -- the 25 business development and the airport came up with, was not 4/22/02 102 1 acceptable to them. They went elsewhere. 2 COMMISSIONER BALDWIN: Have you -- how do you 3 find these folks? Do you advertise or anything like that, 4 or do they just -- word of mouth that there's this facility 5 available and with the city, and then they come to you? Or 6 how does that work? 7 MS. CAFFALL: Well, we have a magnetic sign 8 on the building. And since the building has come back -- it 9 went through the bankruptcy process and came back to the 10 airport to lease around the first of the year, and since 11 then, I haven't had a chance to advertise it. It's been a 12 word-of-mouth thing. 13 COMMISSIONER BALDWIN: So, you feel like this 14 is kind of an open market thing, and no one's getting any 15 kind of special gift or anything? 16 MS. CAFFALL: Well, in light of the fact that 17 we -- we made an offer to the manufacturing process that 18 fell through, then the next person who discovered the 19 warehouse during that process did not want to pay the 20 $1,500; that was too high. And B.A. Products was in the 21 wings at the time; if the building became available, they 22 wanted to talk about it. So -- 23 COMMISSIONER GRIFFIN: There's no other 24 offers on the table. This is -- this is the only one. 25 COMMISSIONER BALDWIN: I think it's a good 4/22/02 103 1 one. I think it's a good company. I'm familiar with that 2 particular company. 3 COMMISSIONER GRIFFIN: In fact, we'll end up 4 with that building looking like something good, instead of 5 derelict, which it obviously is now. 6 COMMISSIONER BALDWIN: So now we know where 7 to get a bumper for our truck and a feeder for our deer. We 8 can be ranchers here in one day. This is something. This 9 is really something. Just free enterprise program. 10 COMMISSIONER WILLIAMS: At its best. 11 MS. CAFFALL: We do have a joint resolution 12 for this lease to authorize the Judge to sign it, and if the 13 Court approves -- and it's not in your packet. It did not 14 come to me until late Friday afternoon. I apologize for the 15 rush on this, but B.A. Products is in the process of trying 16 to relocate before their peak season and get situated in 17 their new facility. Their peak season starts around the 18 first of June, end of May, so this has been -- but I think 19 it's a wonderful opportunity for the airport, and of course 20 for them, but it would be nice to have an active, growing 21 business out there. 22 COMMISSIONER LETZ: Megan, it's $29,000 worth 23 of repairs in lieu of six months rent, basically? Is that 24 what you said? 25 MS. CAFFALL: It's $29,000 worth of 4/22/02 104 1 improvements. About $20,000 of that is to the building. 2 They have some money in there for a telephone system and a 3 sign outside. 4 COMMISSIONER LETZ: And this is -- but you 5 said six months, they pay a dollar a month? 6 MS. CAFFALL: Right. 7 COMMISSIONER LETZ: Then after that, $1,500 a 8 month? 9 MS. CAFFALL: That's right. 10 COMMISSIONER LETZ: Adjusted annually? 11 MS. CAFFALL: And the six months would be 12 $9,500 -- 13 COMMISSIONER LETZ: And six dollars. 14 COMMISSIONER WILLIAMS: I move adoption of 15 the resolution to lease the warehouse to B and A Products. 16 COMMISSIONER GRIFFIN: Second. 17 JUDGE HENNEKE: Motion by Commissioner 18 Williams, second by Commissioner Griffin, that the Court 19 authorize the resolution regarding leasing the warehouse to 20 Triad Manufacturing, Limited, for Tract 19 of the 21 Kerrville/Kerr County Airport. Any other questions or 22 comments? 23 MS. CAFFALL: Do we need to authorize you to 24 sign same? 25 JUDGE HENNEKE: And authorize me to sign 4/22/02 105 1 same. 2 COMMISSIONER GRIFFIN: Right. 3 MS. CAFFALL: Again, I apologize for -- 4 JUDGE HENNEKE: Any other questions or 5 comments? If not, 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. 10 MS. CAFFALL: Thank you. 11 JUDGE HENNEKE: Thank you, Megan. Let's go 12 back to Item 21, consider and discuss approval of a National 13 Day of Prayer, being May the 2nd, proclamation. The 14 proclamation is in your packets. Anybody have any questions 15 or comments? 16 COMMISSIONER BALDWIN: The May 2nd -- 17 Thursday, May 2nd, National Day of Prayer. Will there be a 18 function at the courthouse? 19 JUDGE HENNEKE: Yes, there will be a function 20 at the courthouse at noon, I believe it is. 12:30 or 21 12 o'clock, something like that. 22 COMMISSIONER BALDWIN: I move we approve the 23 proclamation for the National Day of Prayer. 24 COMMISSIONER LETZ: Second. 25 JUDGE HENNEKE: Motion by Commissioner 4/22/02 106 1 Baldwin, second by Commissioner Letz, that the Court adopt a 2 proclamation declaring May 2nd, Year 2002, to be National 3 Day of Prayer in Kerr County. Any other questions or 4 comments? If not, all in favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: All opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Final 9 item -- amazing -- Item Number 22, is consider and discuss 10 civil representation of Kerr County/Kerr County 11 Commissioners Court by the Kerr County Attorney's office. 12 Thea, why don't you go call down to David's office and see 13 if he's going to attend, or if he's available. 14 COMMISSIONER BALDWIN: Is that where we left 15 everything? Communication with the County -- with David, 16 that we'd call him when we got ready for him? 17 JUDGE HENNEKE: When I sent him an e-mail, I 18 told him that we would take this up as the last item if he 19 did not request a specific time, and which he did not. And 20 so I think, you know, out of courtesy, we'll just let him 21 know that we're ready to take it up. It's a courtesy we 22 don't usually extend our elected officials, but -- 23 COMMISSIONER BALDWIN: That's true. 24 (Discussion off the record.) 25 MS. SOVIL: He'll be here shortly. 4/22/02 107 1 JUDGE HENNEKE: As in next couple minutes? 2 Or -- 3 MS. SOVIL: He said shortly. 4 COMMISSIONER WILLIAMS: Next question is, how 5 do you define "shortly"? 6 COMMISSIONER BALDWIN: Heck, I believe him. 7 JUDGE HENNEKE: Do you? I'm glad you believe 8 him. Jannett, are those those originals? 9 (Discussion off the record.) 10 JUDGE HENNEKE: Why don't we just stand down 11 till about 10 minutes to 12:00? 12 COMMISSIONER BALDWIN: Sounds good. 13 (Recess taken from 11:44 a.m. to 11:50 a.m.) 14 - - - - - - - - - - 15 JUDGE HENNEKE: We'll reconvene the meeting 16 of the regular special session of the Kerr County 17 Commissioners Court. Next item for consideration, again, is 18 Item 22, consider and discuss civil representation for Kerr 19 County/Kerr County Commissioners Court by the Kerr County 20 Attorney's office. Background for this is that in the first 21 budget that we, the Court, considered, we restored the third 22 attorney's position to the County Attorney's office upon 23 express agreement and representation that the County 24 Attorney's office would provide civil representation for the 25 County and Commissioners Court. That agreement was restated 4/22/02 108 1 when Commissioner Baldwin questioned Mr. Motley at some time 2 after Travis had left. 3 COMMISSIONER BALDWIN: Yes, sir. 4 JUDGE HENNEKE: So, sometime after last 5 September 30th. And I put this agenda -- the item on the 6 agenda with the encouragement of Commissioner Baldwin 7 because I think it's appropriate for us to talk about 8 contractual relations prior to number-crunching. We did 9 this last year with the social agencies. We do it with the 10 City. We had our joint meeting in January about joint City 11 projects, and I think it's appropriate that we discuss any 12 contractual relations again, distinct from budget issues. 13 So, I don't know when David will be up here; he said he'll 14 be up here shortly. That was ten minutes ago. 15 COMMISSIONER BALDWIN: Well, are we going to 16 carry on a conversation? I mean -- 17 JUDGE HENNEKE: I don't know. I mean, you 18 know -- 19 COMMISSIONER BALDWIN: He may or may not walk 20 in. If he doesn't walk in, hell, we're sitting here wasting 21 a bunch of time. But if we can carry on a conversation, you 22 know -- I mean, I've got some thoughts, and we need to talk. 23 COMMISSIONER GRIFFIN: I think we could go 24 ahead and do that, 'cause I have some thoughts that I'll go 25 ahead and express no matter who's in here. 4/22/02 109 1 COMMISSIONER BALDWIN: My question is -- is, 2 you know, how much civil work have we provided for any 3 lawyer in the last six months or a year? I mean, I really 4 don't know. I'm not trying to sneak a question in here. I 5 really don't know that. And the civil work that we're 6 sending down to David, is he being timely? Is he doing it? 7 I mean, I -- there's a couple of two or three occasions that 8 I've -- I know of a couple things that were sent down there 9 we just haven't gotten back, and I don't know if it's a -- 10 to me, its a time frame thing. You know, things are -- 11 building roads, and there's this question that you and I had 12 on trying to meet some constituents' needs out there. Those 13 kind of things, to me, are timely. We need -- it's County 14 business and the business of the people that we need to move 15 forward on. Now, maybe David doesn't see it like that, I 16 don't know. I mean, I don't know what the problem is, but 17 there's been two or three of those kinds of things. In my 18 opinion, I think we're falling short, the Commissioners 19 Court being represented. It's just my opinion. And, you 20 know, the two or three issues that I've dealt with, to me, 21 are the -- the answer's not getting back in here fast enough 22 for me. You know, I think we need to get them in here 23 faster and quicker and move on with business, but I could be 24 wrong. I would -- I don't understand the lawyer thing and 25 don't have any desire to understand that, but I do 4/22/02 110 1 understand taking care of the people's business, and it just 2 needs to move faster, in my opinion. 3 JUDGE HENNEKE: Well, let us go around the 4 table. Bill? 5 COMMISSIONER WILLIAMS: Well, I think we had 6 a really good situation when Travis Lucas -- when he was a 7 member of the County Attorney's staff, and he would attend 8 Commissioners Court meetings. He was in a position to 9 advise us right on the spot of things that were good, things 10 we needed to be careful about, or issues that he had concern 11 about. And we haven't -- we haven't had that type of 12 service since Travis left, and I think it's sorely needed. 13 I've missed it. I've missed the ability to look out there 14 to him; either he's shaking his head no, don't do that, or 15 yes, it's okay, or come up to the podium and -- and give us 16 some good, sound, legal advice. And that's all -- that's 17 where I'm coming from. I think Commissioners Court always 18 has that need, a need for that service, and I'd like to see 19 it performed. 20 COMMISSIONER BALDWIN: Well, can I ask you 21 something? Like, the part about having someone in here all 22 the time to kind of direct us and, you know, steer us in -- 23 away from trouble. If we had outside counsel, would you 24 expect that person to be in here? I really don't know. I 25 mean, that's a real -- 4/22/02 111 1 COMMISSIONER WILLIAMS: That's a good 2 question. 3 JUDGE HENNEKE: In my opinion, that would be 4 an issue for the Court to decide. If we wanted, we could 5 make that a requirement. I'll tell you, from my point of 6 view, having been the outside counsel to a government 7 entity, it was invaluable to go to the meetings. 8 COMMISSIONER BALDWIN: Mm-hmm. 9 JUDGE HENNEKE: Because without going to the 10 meetings, I didn't know what was going on. 11 COMMISSIONER BALDWIN: Mm-hmm. 12 JUDGE HENNEKE: I wasn't able to anticipate 13 and I wasn't able to respond. 14 COMMISSIONER BALDWIN: Mm-hmm. 15 JUDGE HENNEKE: To me, that's a part of it. 16 Jonathan? 17 COMMISSIONER LETZ: I echo what Bill said. 18 When Travis was around, he was a big help. We did a big 19 subdivision rewrite during that period, and he spent a lot 20 of time on it. I mean, I have not asked Mr. Motley to get 21 involved with this revision mode, because it's not as 22 significant, I don't think, but I am often uncomfortable 23 when the Court turns to me on a subdivision interpretation, 24 and I'm not a lawyer, you know. When Travis was here, those 25 questions usually went to him, which was in my mind better, 4/22/02 112 1 because it's his job. So, I think it's very helpful, 2 especially if -- I don't know that we need to have a person 3 here through the entire meeting, but generally during that 4 subdivision part the first hour or so, it's very helpful, I 5 think, to have an attorney, because we -- you know, we have 6 questions come up almost every meeting regarding 7 subdivisions and interpretations and things of that nature. 8 I do remember when Travis was here, we had questions that 9 went down -- we got County Attorney opinions back very 10 promptly. I haven't seen one of those since Travis left. I 11 don't know that we've sent as many down there recently, but 12 I just know we don't -- I haven't seen them coming back. 13 And I presume -- well, I know requests have been made of 14 David, and we're not getting back the same type of 15 information. In fact, the memorandum that you received with 16 variance and exception and all, waivers, all that, that was 17 the first memorandum of that type that I recall in months, 18 and that's what I like. I like something I can look at and 19 read, a two- or three-page summary, and I don't see that 20 we're getting that on a regular basis right now. 21 JUDGE HENNEKE: Larry? 22 COMMISSIONER GRIFFIN: Without repeating, 23 'cause I agree with all that's said -- without repeating all 24 of that, I think it's pretty well-embodied when Commissioner 25 Baldwin raised that issue that you're talking about there, 4/22/02 113 1 which was post-September 30th, and the transcript was in the 2 packets today, in which we said yeah, the third attorney was 3 added so that we could have -- one of the reasons we put 4 that back on was so that we could have civil support to the 5 Court. That has not occurred, in my view, in a way. So I 6 think in the budget process this year, we need to look at 7 how do we do -- how do we get civil support, civil legal 8 support to the Court? And that's open. We can stay with 9 what we got if we can figure out a way to make that work, 10 which I'm not sure it will. We might -- that's one 11 alternative. Another alternative is to take the money out 12 of the budget for the third attorney, for the third lawyer 13 in the County Attorney's office, and put that in a line item 14 for outside support, or some combination thereof. So, 15 you've got about three possibilities you could do there. 16 And, obviously, we need some input from David, if he doesn't 17 mind coming down and talking to us at some point. But -- or 18 coming up to talk to us at some point. But if we do -- 19 there he is. So the question is, what do we do? And that's 20 where we are. And I think it's a budget issue, as much as 21 anything. 22 JUDGE HENNEKE: I look at it as an agreement. 23 I mean, Buster and Jonathan were on the Court before we 24 were -- before I was, and you all didn't use the County 25 Attorney's office. And I don't know how that worked, 4/22/02 114 1 whether it worked well. I don't know whether it worked 2 occasionally or how it worked. 3 COMMISSIONER LETZ: It worked very well. 4 JUDGE HENNEKE: You have a better idea of 5 what the alternative model is than we do. 6 COMMISSIONER GRIFFIN: How much did it cost 7 in a pure year where you just had nothing but outside 8 support? 9 COMMISSIONER LETZ: During that period, we 10 had a lot of major lawsuits going in the jail area, most of 11 it. But it was, like, $25,000 a year, something like that? 12 COMMISSIONER BALDWIN: Well, I think it was 13 an hourly thing. 14 COMMISSIONER LETZ: It was hourly. 15 COMMISSIONER BALDWIN: Hourly-type thing that 16 was major -- major reduced. I mean, 50 bucks an hour? I 17 just can't remember. Mr. Pollard -- 18 COMMISSIONER LETZ: Yeah. I thought it was, 19 like, $100 an hour, but he didn't -- I mean, he was not here 20 in court all the time. He handled certain -- you know, any 21 kind of real estate transaction, he did those. He was in 22 court if we requested him to be in court, and he handled -- 23 but at that time, I mean, we can't really look at the 24 dollars during that period, because there was some pretty 25 significant things going on. And once we got past that, the 4/22/02 115 1 dollars dropped greatly. 2 COMMISSIONER BALDWIN: Yeah. But the 3 service -- the service was great, you know, as far as 4 requesting something, getting it back in a timely manner. I 5 mean, I don't recall anybody ever complaining about the 6 service we got for our dollar. I don't know -- you know, 7 sometimes -- I've always wondered about that, if -- you 8 know, if Mr. Pollard offered that reduced rate and kind 9 of -- to me, kind of bent over backwards to provide 10 information for the County or to serve the Commissioners 11 Court because he's an old friend of the County or what. You 12 know, I just -- you know, I've always wondered about that, 13 what it would be like with one of these attorneys that have 14 just moved in the last couple of years. Just a thought. I 15 don't know. 16 JUDGE HENNEKE: To me, it's just -- you know, 17 we have an agreement, and the issue again is are we being 18 serviced under the agreement, and is the service we're 19 getting what we are entitled to? County Clerk's office 20 provides a deputy who's here all the time, very responsive 21 to our needs as far as processing the papers, making sure 22 things get recorded and done in a timely fashion. It's just 23 a question of what do we expect, and are our expectations 24 unreasonable, and are our expectations being met? 25 COMMISSIONER LETZ: I think -- Mr. Motley's 4/22/02 116 1 here now, you know. We need to, as a Court, you know, 2 either now or at our next meeting, put out very explicitly 3 what we expect. And if he can provide that service, fine, 4 and if not, we would move one of those attorneys out of the 5 budget and we hire outside counsel. And I think if we -- 6 the Court decides we want him in court, we want him in 7 court. I mean, it's whatever we want to get the 8 representation that we feel we need. I think we should have 9 a time table on how long we get to get responses. And if 10 he's willing to do it, you know, I'd be in favor of using 11 the County Attorney's office. If he doesn't, he's not. And 12 as soon as -- first time he doesn't do it, the deal's off. 13 I mean -- 14 COMMISSIONER BALDWIN: Commissioner Letz, I 15 remember recently that was kind of -- that was kind of tried 16 here, and I think because we -- we sent a request to the 17 County Attorney's office and even put a little time frame on 18 it, "We would like to have the answer back by such-and-such 19 date." And I can't remember what the date was, can't 20 remember what the issue was. I'm wondering, did we get it 21 back by that time? I mean, that -- 22 JUDGE HENNEKE: I think I know which issue 23 you're talking about. I don't believe so. 24 COMMISSIONER BALDWIN: I don't have any -- I 25 can't remember what the issue is, but I just wondered, did 4/22/02 117 1 that work? 2 COMMISSIONER LETZ: Well, I mean, I don't 3 know that that was the one issue I'm talking about. I think 4 we need to have a policy and say, we will have a -- during 5 the first hour of Commissioners Court, for example, a 6 representative in court every time we meet, you know. 7 COMMISSIONER WILLIAMS: And arrange our 8 agenda accordingly. 9 COMMISSIONER LETZ: Yeah, arrange -- 'cause I 10 don't mind accommodating -- and I think if we had outside 11 counsel, we'd want to do the same thing, because I think 12 it's efficient use of dollars. 13 COMMISSIONER GRIFFIN: Yeah. 14 COMMISSIONER LETZ: I think on other items, 15 contract reviews and all that, I think that, you know, we 16 should get a reasonable turnaround. I don't think we -- we 17 all agree, we have not been getting a reasonable turnaround, 18 time-wise, up till now. And I don't know. I mean, it's -- 19 I would agree that up till now, we -- or right now, we are 20 not getting the level of service that we would like. I 21 think we need to do it prior to budget, make the decision 22 one way or the other. We're either going to use the 23 civil -- outside civil attorney, or we use the County 24 Attorney's office and, you know, budget accordingly. And I 25 think that -- I agree with Commissioner Griffin; if we go 4/22/02 118 1 with outside council, we go back and the County Attorney 2 loses one attorney spot in the budget, because that's where 3 the -- that's the reason that spot was created originally. 4 COMMISSIONER WILLIAMS: I'm in accord with 5 that. I agree with what you said. That is a budgetary 6 matter. 7 JUDGE HENNEKE: David, you want to say 8 anything? 9 MR. MOTLEY: Well, I -- there's not a -- you 10 know, a whole lot I can say, other than I want you to all 11 recognize that some of this turnaround time that you're 12 saying, you know, that was not met, inevitably it's been 13 during periods of time when we didn't have a third attorney. 14 It's -- yes it is, Judge Henneke. Some of it is very well, 15 yes. 16 JUDGE HENNEKE: The specific issue that I 17 think Commissioner Baldwin referred to and that I'm thinking 18 about happened in January of this year when you were fully 19 staffed. 20 MR. MOTLEY: And that may be. That may be. 21 I'm telling you that there have been plenty of times that 22 there have been issues that were sent to us to do, or that 23 we did out of goodwill when we didn't even have a third 24 attorney, and I can name you numerous ones, and so I'm 25 saying that there were times when we didn't have a third 4/22/02 119 1 attorney, but we still endeavored to assist the County in 2 those instances, number one. 3 JUDGE HENNEKE: The agreement was not that 4 you would have a third attorney and provide us with civil 5 representation. The agreement was the County authorized a 6 third attorney. Now, whether you were able to fill the 7 position or not, you had the position authorized. 8 MR. MOTLEY: Right. 9 JUDGE HENNEKE: With the express provision 10 would you provide the civil representation. 11 MR. MOTLEY: There's not much way that we can 12 actually do the work of three people if we don't have three 13 people, you know. That's -- so, I mean, technically, we may 14 be authorized the position, but if we can't fill the 15 position for three and a half months this last time, then I 16 don't know how you would expect the work to be done during 17 the three and a half months. 18 COMMISSIONER LETZ: Well, David, in that 19 view, I'd say that that answers my question. I'd be in 20 favor of outside counsel, because we can't stop 21 Commissioners Court work whenever you lose an attorney. And 22 that's a -- a continuity issue, to me. We need outside 23 counsel, and what you're telling us is we can't rely on your 24 office. 25 MR. MOTLEY: Well, let me also say that -- 4/22/02 120 1 you say that this attorney, in your mind -- apparently, you 2 say that you think we ought to take all that money out of 3 the budget for that attorney and pay outside counsel with 4 it. Again, I remind you that the attorney does other things 5 besides take care of the Court. They do a lot of other 6 things besides take care of the Court. They service other 7 offices in the county, number one, civilly. We do, you 8 know, protective orders, which is civil. We do the mental 9 health commitments; those are all civil things. So, there 10 are a lot of other things that are done by this attorney or 11 this position that -- in other words, they spend a third of 12 the time over here working for Commissioners Court, but we 13 lose the whole attorney, and I don't understand that. 14 COMMISSIONER LETZ: But when -- 'cause -- 15 well, the reason is when we hired the third attorney, or 16 gave you authority in the budget, the agreement was that you 17 would provide work for us. You're not providing the work 18 for us in a timely manner. 19 MR. MOTLEY: Well, no, I think we are. I 20 don't know -- I would like to improve on the timeliness of 21 it. I mean, I would like to improve on it. We've got a 22 backload of stuff that's built up. The Commissioners Court, 23 I think, needs to realize that we do have civil issues from 24 departments other than the Commissioners Court. We get 25 issues from the County Clerk's office, we get issues from 4/22/02 121 1 the Sheriff's Office. We have -- and they're not -- they 2 don't go through the Commissioners Court. These are very 3 valid considerations for opinions and contract review, all 4 manner of things, so they're not all through this body, and 5 we have those to deal with as well. They're equally 6 deserving of attention. And we try to prioritize the best 7 we can and do the stuff that is absolutely the most 8 important first. And I think I remember what Commissioner 9 Baldwin was talking about. There was something that was due 10 on a Monday, and we had it in on a Friday fairly recently, 11 and then the deal that Commissioner Baldwin and Commissioner 12 Williams wanted for today relating to waivers, variances, et 13 cetera. I -- it wasn't there the day you asked for it, but 14 it was there, I think, a day or two after you asked for it. 15 COMMISSIONER WILLIAMS: We appreciate that, 16 and it was helpful in our discussion this morning. 17 MR. MOTLEY: Well, you know, I'm glad it was. 18 But I had told you last Commissioners Court meeting that we 19 had a large backlog of things that have come in, and much of 20 it did come in during the time when we did not have this 21 other attorney. And so I'll submit to you that there is a 22 large -- I say "large" -- probably a dozen research projects 23 that -- you know, that we have had to push back to do things 24 that had to be done the same day they were given to us or 25 the same week they were given to us. They had to be done -- 4/22/02 122 1 I mean, I cannot do every single thing that comes in 2 Priority 1. And that's the problem; everything that gets 3 sent says this is the top priority. It's very rare that we 4 get anything that is not top priority, so we cannot do it 5 all first. 6 COMMISSIONER WILLIAMS: I have a question, if 7 I might, Judge. 8 JUDGE HENNEKE: You may. 9 COMMISSIONER WILLIAMS: David, is the third 10 attorney on staff now? 11 MR. MOTLEY: Yes, since January 14th. 12 COMMISSIONER WILLIAMS: Is it unreasonable 13 for the -- for you to schedule that third attorney to be in 14 Commissioners Court twice a month for three hours? That's 15 six hours of an entire month. 16 MR. MOTLEY: Well, I don't know if that's 17 going to be the way that it worked. And I know when we 18 talked about this on October 22nd, I was a little bit -- I 19 was kind of hemming and hawing around because I didn't 20 really know what to expect as far as who was coming on staff 21 at that time. I didn't know -- I came October 22nd to -- 22 originally, I put it on the agenda because we had a guy I 23 thought was going to take the job, and he backed out. And 24 so I went ahead and came to court just to honor the agenda 25 item and talk in general about things, and I did -- I 4/22/02 123 1 believe I said at that time that it was my intent to do -- 2 to have somebody here and to give as good a service as we 3 could give, to give timely service, if my recollection is 4 correct. But the attorney that we did end up hiring has 5 done a lot of family law, a lot of commercial law, divorces, 6 things like that, and was primarily interested in expanding 7 his knowledge in the area of criminal law. And, of course, 8 the other attorney that we had hired before came straight 9 out of a criminal situation. We wanted him to, you know, be 10 the lead counsel in Judge Brown's court. So, any of them 11 would help any way we can. I'm trying to put them in a 12 situation that I think would serve their interests as well, 13 so I've been trying to do this part of it. But when you say 14 be here for three hours -- 15 COMMISSIONER WILLIAMS: Well, that may be a 16 stretch. Maybe we don't need that. Maybe the agenda can be 17 arranged so that those items that would require some 18 oversight or -- or advice from counsel could be structured 19 so that you can be in and out earlier than three hours. 20 MR. MOTLEY: That would be fine. I don't 21 generally -- I mean, just -- it's not a problem being at the 22 Commissioners Court meetings in general. It's that -- and I 23 like your suggestion, Commissioner. I mean, I think that 24 would help a lot if -- but I also realize that things come 25 up during the meetings that you need to try to get some sort 4/22/02 124 1 of an opinion on, maybe at the time, if it's possible. 2 COMMISSIONER WILLIAMS: That's true. 3 MR. MOTLEY: If we know it -- if I know it. 4 I mean, most of the stuff that we do in here I wouldn't feel 5 comfortable advising you on without researching it. And I 6 know -- I know that you'll try to give us a heads-up on 7 things when -- which I consider kind of what that was, 8 the memo that we wrote about the waivers and all that. So, 9 I mean, I feel like that's the sort of heads-up we need in 10 order to be able to give a meaningful opinion that somebody 11 can hang their hat on. I think we ought to -- I just don't 12 want to be put in a position of saying, well, you know, what 13 is the problem about antitrust laws, or whatever it is, as 14 it applies to this without having an opportunity to look it 15 up. I don't think that's -- what do you expect? 16 COMMISSIONER LETZ: I think what we're 17 talking about primarily there is Subdivision Rules, which 18 our document is not that long and complicated. You have to 19 look at a couple of provisions of state law. And probably 20 most of our questions come up in that area, and we usually 21 almost always schedule those right in the beginning of the 22 meeting. And that's, I think, what we're talking about. I 23 mean, I don't think any of us would expect you to give us an 24 opinion on antitrust law. 25 MR. MOTLEY: No. No, and I understand. That 4/22/02 125 1 was an extreme example. 2 COMMISSIONER LETZ: But I would expect an 3 accurate opinion on Subdivision Rules on the spot. That 4 seems to be expected of me frequently, so I figure it can be 5 expected of you. 6 COMMISSIONER WILLIAMS: We've had many 7 occasions when Travis represented your office here where, if 8 he didn't know the answer because it took some research, he 9 wasn't bashful about saying, "I don't know, but I'll look it 10 up and get back to you." He either did it within the 11 context of the meeting or he said, "I'll research it. Maybe 12 you should talk about it at the next meeting." I thought 13 most members of the Court thought that was a pretty decent 14 way to approach it. 15 COMMISSIONER GRIFFIN: Great. 16 COMMISSIONER WILLIAMS: We're not banging the 17 hammer on somebody because they didn't have the answer, but 18 we don't want to get the hammer because we don't have the 19 answer either. 20 MR. MOTLEY: I think there's a lot of stuff 21 that you really need to consider the legal aspects of before 22 you act. I mean, nowadays you just need that sort of 23 information, and I understand that. 24 COMMISSIONER BALDWIN: Okay, I'm going to 25 eat. Bye. 4/22/02 126 1 JUDGE HENNEKE: Anything else, gentlemen? 2 COMMISSIONER GRIFFIN: That's it for today. 3 JUDGE HENNEKE: We stand in recess till 4 1 o'clock at the U.G.R.A. classroom. 5 MS. SOVIL: It's a workshop, Judge. 6 JUDGE HENNEKE: A workshop. We're adjourned, 7 then. 8 (Commissioners Court adjourned at 12:17 p.m.) 9 - - - - - - - - - - 10 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my capacity as 16 County Clerk of the Commissioners Court of Kerr County, 17 Texas, at the time and place heretofore set forth. 18 DATED at Kerrville, Texas, this 25th day of April, 19 2002. 20 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 4/22/02