1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 24, 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 June 24, 2002 2 PAGE --- Commissioners Comments 3 3 1.1 Pay Bills 6 1.2 Budget Amendments 7 4 1.3 Late Bills 14 1.4 Approve and Accept Monthly Reports 16 5 2.12 Burn Ban 17 6 2.1 Final plat, Cypress Springs Estates, Phase II 21 2.2 Revised preliminary plat, Stablewood Springs Ranch 22 7 2.5 Authorize Kerr County Sheriff to apply for LLEBG grant 29 8 2.4 Request for additional funding in County Court at Law for substitute court reporter for 3-month 9 period 31 2.6 Request to move Constable Pct. 1 office to former 10 Collections Department in basement 34 2.7 Lateral move in salary for new court coordinator 11 for J.P. 3 36 2.8 Discuss accepting resumes for Constable Pct. 1 12 position 39 2.9 Authorize public hearing regarding Kerr County 13 Comprehensive Colonia Study & Plan for Tuesday, July 2, 2002, at 6:30 p.m. 43 14 2.10 Determination by Commissioners Court if property sale needs platting 45 15 2.3 Public Hearing - Revision of plat for Lot 11 of Hidden Hills 50 16 2.11 Authorize deputy constable for Constable Ayala, Pct. 2, for purpose of carrying Solid Waste Code 17 Enforcement officer's peace officer license 51 2.13 Adoption of resolution regarding delineation of 18 Groundwater Management Areas 53 2.14 Appoint County Judge to serve as Commissioners 19 Court representative on Kerr County Water Council 59 2.15 Disapproval of ADA inspection of Courthouse Annex 20 Second Floor 64 2.16 Discuss hiring outside counsel to collect 21 outstanding judgments nisi 74 2.17 Discuss recent amendments to Road-Naming and 22 Addressing Guidelines, appointment of Addressing Coordinator for Kerr County, finalize procedure 23 for address notifications 81 24 --- Adjourned 128 25 3 1 On Monday, June 24, 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 on Monday, June 24th, Year 2002. We'll call to 8 order this regular special session of the Kerr County 9 Commissioners Court. Commissioner Williams, I believe you 10 have the honors this morning, sir. 11 COMMISSIONER WILLIAMS: Good. Please rise. 12 Will you join me in a moment of silent prayer, please? 13 (Prayer and pledge of allegiance.) 14 JUDGE HENNEKE: At this time, any citizen 15 wishing to address the Court on an item not listed on the 16 regular agenda may come forth and do so. Is there any 17 citizen who wishes to address the Court on an item not 18 listed on the regular agenda? Once again, is there any 19 citizen wishing to address the Court on an item not listed 20 on the regular agenda? Seeing none, we'll move to the 21 Commissioners comments, and we'll start with Commissioner 22 Williams. 23 COMMISSIONER WILLIAMS: Nothing this morning, 24 Judge. 25 JUDGE HENNEKE: Commissioner Letz? 6-24-02 4 1 COMMISSIONER LETZ: I have several comments 2 this morning. To start with, All-Star season in Little 3 League is upon us, and starting tomorrow, I believe, the 4 All-Star tournament for the 9- and 10-year-olds will be in 5 Center Point, so people driving down Highway 27, expect a 6 lot of traffic off of Highway 27 right before you get to 7 Center Point. Rusty, you might want to make note of that as 8 well. And then the following week, the 11- and 12-year-old 9 All-Star tournament will be hosted in Kerrville, so from 10 about the 1st of July through the 10th of July, very 11 congested right across from the Ag Barn at our Little League 12 field. Really more of a safety issue; make sure everyone's 13 aware of that. Also, for those that don't know, I 14 congratulate the University of Texas Longhorns for winning 15 the national championship baseball. You'll be very happy to 16 hear that, while I do have an Aggie cup in front of me, it 17 will be replaced with a Longhorn cup. My nephew's going to 18 be playing there next year. That's all I have. 19 COMMISSIONER GRIFFIN: Judge, I'd just like 20 to mention that back on May 15th of this year, there was an 21 Attorney General's opinion, JC-0503, that I would just 22 recommend that anybody who is interested in road law ought 23 to really read this. It really says all that you really 24 need to know about county -- the County's role in road 25 maintenance, how roads get under the maintenance system and 6-24-02 5 1 so on, and it's probably one of the best written opinions 2 that I have seen. It's got -- and the summary -- it's about 3 eight pages long, but the summary is only about one page, 4 and that is very instructive as well. And I'll certainly 5 leave this copy here and recommend that anybody that would 6 like to look at it, be sure and do so. That's all. 7 JUDGE HENNEKE: Commissioner Baldwin? 8 COMMISSIONER BALDWIN: Sir, I have a special 9 guest with me today. My best partner in the whole world, my 10 youngest granddaughter -- stand up here. This is Bailey Jo 11 Robertson. She lives up near San Angelo, Texas, and she's 12 spending a week with me, so I just wanted to introduce y'all 13 to her. She's my sidekick. I want to remind everybody that 14 this Friday, we're having the Don McClure retirement party 15 in this courtroom at 11:30, and want to make sure everyone's 16 invited and put it down on your calendar. I'll -- I'll do 17 my best to get back -- my son high-jumps at the South Texas 18 championship Friday morning at 8 o'clock, so I'll be there, 19 but I'm sure we'll be through and be back by 11 o'clock -- 20 11:30, excuse me. And, go Longhorns. That's all I have. 21 Thank you. 22 COMMISSIONER LETZ: I have one other -- I 23 forgot to mention, also baseball-related, we had two Tivy 24 Antlers that made All-State, which is a tremendous 25 recognition. I believe that will be the -- actually, one of 6-24-02 6 1 them's Kevin Whelan, for the second year All-State; first 2 time that's ever happened at Tivy. And for the first 3 time -- this is just, I believe, the fifth and the sixth 4 All-State ever from Tivy -- Jake Rippee, and Kevin Whelan 5 made it again this year. 6 COMMISSIONER BALDWIN: That's great. 7 JUDGE HENNEKE: Not only are they good 8 baseball players; they're good kids, too. Makes it even 9 better. 10 COMMISSIONER LETZ: And both of those boys 11 are in the very top of their class. Jake, I believe, is 12 number three, and Kevin's right up there. I mean -- anyway, 13 good kids. 14 JUDGE HENNEKE: Very good. All right. Well, 15 let's pay some bills. Mr. Auditor, do we have any bills to 16 pay, and does anyone have any questions or comments 17 regarding the -- 18 MR. TOMLINSON: I have one comment. On Page 19 2 -- 20 JUDGE HENNEKE: Yes, sir? 21 MR. TOMLINSON: Last bill under 429, which is 22 the County Court at Law. 23 JUDGE HENNEKE: Mm-hmm. 24 MR. TOMLINSON: The Collections Department. 25 We're going to pull the $109 bill. That's -- that is going 6-24-02 7 1 to be sent back, and the decision wasn't made when I printed 2 this. So, that's not part of it. 3 JUDGE HENNEKE: Does anyone have any 4 questions or comments regarding the bills? 5 COMMISSIONER WILLIAMS: Move we pay the 6 bills. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Williams, second by Commissioner Baldwin, that the Court 10 approve payment of the bills as recommended and presented by 11 the Auditor, with the exception of Invoice Number 138487 in 12 the amount of $109, which will not be included in the 13 approval. Any other questions or comments? If not, all in 14 favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: Opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Budget 19 amendments. Budget Amendment Number 1 is for the Road and 20 Bridge Department. 21 MR. TOMLINSON: This request is to transfer 22 $2,190 from the Crew Salaries line item to Part-Time 23 Salaries. 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER GRIFFIN: Second. 6-24-02 8 1 JUDGE HENNEKE: Motion by Commissioner Letz, 2 second by Commissioner Griffin, that the Court approve 3 Budget Amendment Request Number 1 for Road and Bridge 4 Department. Any other questions or comments? If not, all 5 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. Budget 10 Amendment Request Number 2 is for County Court at Law and 11 County Court. 12 MR. TOMLINSON: Okay. This request is to 13 transfer $3,718.55 from the Court-Appointed Attorneys line 14 item in County Court to that same line item in the County 15 Court at Law. I have two late bills attached to this that 16 we'd like to have approved. Both of them are to Barbara 17 Cole. One is for $308; the other one is for $162.05. 18 JUDGE HENNEKE: What's the urgency on the 19 late bills? 20 MR. TOMLINSON: I think this one is -- was a 21 last month bill that we just got. We wanted to go ahead and 22 pay it. 23 COMMISSIONER GRIFFIN: So moved. 24 COMMISSIONER LETZ: Second. 25 JUDGE HENNEKE: Motion by Commissioner 6-24-02 9 1 Griffin, second by Commissioner Letz, that the Court approve 2 Budget Amendment Request Number 2 for the County Court at 3 Law and authorize a late bill and hand check in the amount 4 of $308 and $162.05 payable to the order of Barbara Cole. 5 Any further questions or comments? If not, all in favor, 6 raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Number 3 is 11 for the Sheriff's Department. 12 MR. TOMLINSON: Okay. This is a request from 13 the Sheriff to transfer $1,000 from equipment -- Vehicle 14 Equipment to Vehicle Repairs and Maintenance. 15 COMMISSIONER WILLIAMS: So moved. 16 COMMISSIONER LETZ: Second. 17 JUDGE HENNEKE: Motion by Commissioner 18 Williams, second by Commissioner Letz, that the Court 19 approve Budget Amendment Request Number 3 for the Sheriff's 20 Department. Any questions or comments? If not, all in 21 favor, raise your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: Opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. Number 4 is 6-24-02 10 1 for the Commissioners Court. 2 MR. TOMLINSON: We have -- we have a need to 3 transfer $289.83 into Professional Services in the 4 Commissioners Court budget. We found the funds in the 5 Computer Software line item in Department 409, which is 6 Nondepartmental. It's for legal fees to Thomas, Hudson, and 7 Nelson for deductible on a lawsuit. 8 COMMISSIONER LETZ: Is that out of the jail? 9 MR. TOMLINSON: No. No, it's related to a 10 right-of-way. 11 COMMISSIONER LETZ: Okay, right-of-way. 12 COMMISSIONER GRIFFIN: So moved. 13 COMMISSIONER WILLIAMS: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Griffin, second by Commissioner Williams, that the Court 16 approve Budget Amendment Request Number 4. Any questions or 17 comments? 18 COMMISSIONER LETZ: Generally, doesn't that 19 come out of Road and Bridge for right-of-way acquisition? 20 MR. TOMLINSON: No, it's not -- attorney's 21 fees never have. 22 COMMISSIONER LETZ: Oh, it's attorney's fees 23 for the right-of-way. 24 COMMISSIONER GRIFFIN: Right. 25 COMMISSIONER LETZ: Okay. 6-24-02 11 1 JUDGE HENNEKE: Any other questions or 2 comments? If not, all in favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: Opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Budget 7 Amendment Number 5 is for the district courts. 8 MR. TOMLINSON: We're transferring $6,007.48 9 from Special Trials in the 198th court; $16 to Books, 10 Publications, and Dues in the 198th court, $810 for 11 Court-Appointed Services in the 198th court, $3,835 for 12 Court-Appointed Attorneys for the 216th court, and $1,346.48 13 to Court Transcripts in the 216th court. 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER GRIFFIN: Second. 16 JUDGE HENNEKE: Motion by Commissioner Letz, 17 second by Commissioner Griffin. Any further questions or 18 comments? In not all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: All opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. Budget 23 Amendment Request Number 6 is for the Sheriff's Department. 24 MR. TOMLINSON: This -- this line item is to 25 make payment to -- for the radio tower lease for the 6-24-02 12 1 Mountain Home site and the Center Point site, totaling 2 $6,900. We're transferring $6,900 from Group Insurance out 3 of the Sheriff's budget to Radio Tower Lease line item in 4 the Sheriff's budget. 5 JUDGE HENNEKE: We had $4,500 in the budget 6 for tower leases. This is in addition to the $4,500? 7 What's that $4,500 in the budget for? 8 MR. TOMLINSON: I didn't know that there was 9 45 -- I couldn't find $4,500. 10 JUDGE HENNEKE: It may be listed under Radio 11 Equipment, but there's $4,500 in there that was designed for 12 the leases. 13 SHERIFF HIERHOLZER: I don't know where that 14 would be. Now, also, the other thing that isn't in there 15 yet, Judge, is this -- well, that second building, and I 16 haven't seen a bill yet on that signing deal for the 17 landowner of the Center Point site. But I haven't seen 18 $4,500. 19 MR. TOMLINSON: Now, the construction of the 20 road to one of the sites and the fencing was budgeted in the 21 maintenance budget, so we know where that's coming from. 22 But I remember talking about the tower lease, and I 23 originally thought it was in -- in -- within the moneys that 24 we borrowed, but then Rusty -- then the Sheriff says no. 25 So -- 6-24-02 13 1 SHERIFF HIERHOLZER: I know that there is a 2 line item for tower leases, okay, for our contract leases, 3 but there was nothing ever put in that line item. 4 JUDGE HENNEKE: Well, there's -- I don't have 5 my budget with me. 6 (Ms. Sovil handed the Judge a budget book.) 7 JUDGE HENNEKE: There's $4,500 in -- in the 8 budget designed -- which is the amount we thought the two 9 tower leases were going to be originally. It's under Radio 10 Equipment, 410. 11 MR. TOMLINSON: We're going to need that. 12 JUDGE HENNEKE: We need that, plus -- 13 MR. TOMLINSON: Plus. 14 COMMISSIONER LETZ: So, we're going to use 15 the $4,500, then? 16 JUDGE HENNEKE: We're going to need the 17 $4,500 plus the $6,900. 18 COMMISSIONER LETZ: Okay. So moved. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Motion by Commissioner Letz, 21 second by Commissioner Griffin, that we approve Budget 22 Amendment Request Number 6 for the Sheriff's Department. 23 Any other questions or comments? If not, all in favor, 24 raise your right hand. 25 (The motion carried by unanimous vote.) 6-24-02 14 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Number 7 is 4 for the Commissioners Court. 5 MR. TOMLINSON: This is a second bill related 6 to the prior amendment, and it's for $73.69. 7 COMMISSIONER LETZ: So moved. 8 COMMISSIONER WILLIAMS: Second. 9 COMMISSIONER GRIFFIN: Second -- third. 10 JUDGE HENNEKE: Motion by Commissioner Letz, 11 second by Commissioner Williams, that the Court approve 12 Budget Amendment Request Number 7 for Commissioners Court. 13 Any questions or comments? If not, all in favor, raise your 14 right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: Opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. Do we have 19 any additional late bills? 20 MR. TOMLINSON: I have three. One is to 21 Accurint. It's for $113.75 for credit searches from our 22 Collections Department. 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER GRIFFIN: Second. 25 JUDGE HENNEKE: Motion by Commissioner Letz, 6-24-02 15 1 second by Commissioner Griffin, that the Court authorize a 2 late bill and hand check in the amount of $113.75 payable to 3 Accurint for searches relating to Collections Department. 4 Any questions or comments? If not, all in favor, raise your 5 right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: Opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. 10 MR. TOMLINSON: And the second one is also to 11 Accurint for the same purpose. It's for $29.75. 12 COMMISSIONER WILLIAMS: So moved. 13 COMMISSIONER GRIFFIN: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Williams, second by Commissioner Griffin, that the Court 16 approve a hand bill and -- late bill and a hand check in the 17 amount of $29.75 payable to Accurint for searches for the 18 Collections Department. Any questions or comments? If not, 19 all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. 24 MR. TOMLINSON: The last one is to Dailey 25 Wells Communications, Inc., for $284,468.29. It's for 6-24-02 16 1 10 percent contract price and design, and one progress 2 payment on equipment totaling $284,468.29. 3 JUDGE HENNEKE: This is what's required under 4 our contract? 5 MR. TOMLINSON: Under the contract. The 6 Sheriff will hand-carry this check to them. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Baldwin, second by Commissioner Griffin, that the Court 11 approve a late bill and hand check in the amount of 12 $284,468.29 payable to Dailey Wells for the Sheriff's radio 13 communication project. Any questions or comments? If not, 14 all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: Opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. At this 19 time, I would entertain a motion to approve and accept the 20 monthly reports as presented. 21 COMMISSIONER BALDWIN: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Baldwin, second by Commissioner Letz, that the Court approve 25 and accept the monthly reports as presented. Any questions 6-24-02 17 1 or comments? If not, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: All opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Turning to 6 the consideration agenda, I would like to jump to Item 7 Number 12, which is the burn ban, so that we can get the 8 word out, if that's the way we want to go. Commissioner 9 Baldwin has the latest Keech-Byrum Index -- Indices; there's 10 two of them there. Those are the only copies we have. 11 There's one for today, which shows us still in the green, 12 and there's a projection for July 4th which shows us in the 13 yellow. 14 COMMISSIONER GRIFFIN: I've seen them 15 already. 16 JUDGE HENNEKE: You haven't seen this one. I 17 know that there was some concern expressed from the Hunt 18 Volunteer Fire Department last week about conditions at that 19 time. It did not appear that there was a consensus that we 20 move forward on a burn ban at that time, but we have it on 21 the agenda today. What's the -- what's the desire of the 22 Court? 23 COMMISSIONER WILLIAMS: Our fire department's 24 in favor of it. 25 COMMISSIONER GRIFFIN: Mine, too. I'll make 6-24-02 18 1 a motion that we impose a burn ban immediately. 2 JUDGE HENNEKE: For a period of 90 days? 3 COMMISSIONER GRIFFIN: For a period of 90 4 days. 5 COMMISSIONER LETZ: We're going to continue 6 to have the -- 7 COMMISSIONER GRIFFIN: Yes. 8 COMMISSIONER LETZ: -- Commissioner -- the 9 same policy we used last year, where each Commissioner can 10 remove it? 11 COMMISSIONER GRIFFIN: That's correct. We 12 can suspend based on local rainfall when you can. 13 COMMISSIONER WILLIAMS: I'll second the 14 motion. 15 JUDGE HENNEKE: Motion by Commissioner 16 Griffin, second by Commissioner Williams, that the Court 17 approve a burn ban in Kerr County -- in the unincorporated 18 areas of Kerr County for a period of 90 days, under the 19 terms and conditions that the Commissioner of each precinct 20 is authorized to suspend the burn ban by written direction 21 to the Kerr County Commissioners Court court coordinator. 22 Any questions or comments? 23 COMMISSIONER BALDWIN: Judge, I have a 24 comment or two. I've had several phone calls in the last 25 few days regarding aerial fireworks, and I don't know how to 6-24-02 19 1 get the word out that burn ban and banning aerial fireworks 2 are two different -- two different situations altogether. 3 I -- it's my understanding that we do have the authority to 4 ban fireworks for the 4th of July and Christmas, but it must 5 be adopted on certain dates, and those -- for July the 4th, 6 that date would be -- 7 MS. SOVIL: 15th of June. 8 COMMISSIONER BALDWIN: -- 15th of June, and 9 we let that slip by. And so we don't have any authority to 10 regulate aerial fireworks, is the way I understand it. 11 JUDGE HENNEKE: That's correct, Commissioner. 12 In order to ban aerial fireworks, you must have -- be in a 13 drought condition on June 15th and issue an order, and that 14 order also must include locations within the county where 15 they can have those fireworks. And we were not in that 16 situation on June the 15th. 17 COMMISSIONER BALDWIN: That's correct. So, 18 sorry, we can't ban fireworks. But -- but -- and I've -- I 19 had a lot of folks that still want to burn, but I -- I 20 personally think that it's -- we're under conditions now 21 that it's a little bit dangerous. Not critical, but it's 22 dangerous out there. 23 JUDGE HENNEKE: Any other comments? 24 COMMISSIONER GRIFFIN: Just that we sure need 25 to spread the word, with 4th of July weekend coming, that 6-24-02 20 1 there is a burn ban on, since there are so many people who 2 come from out of the county and visit their property or 3 whatever and want to burn whatever is there, that -- trash 4 or whatever. So, we just need to ask for all the assistance 5 we can in spreading the word that there is a burn ban in the 6 county. 7 COMMISSIONER LETZ: And the only comment I 8 would have, if the papers would also put out that the -- 9 what's the phone number, Thea, that we have? 10 MS. SOVIL: 792-HEAT. 11 COMMISSIONER LETZ: 792-HEAT. That number 12 can be called and will give a burn basis status as of that 13 moment. Because if we do get some rain, which hopefully we 14 will at some point, they're often sporadic, and the burn ban 15 is lifted by precinct sometimes, which is -- 16 COMMISSIONER GRIFFIN: It will also show up 17 on our web site. The County web site will have the status 18 as well. 19 JUDGE HENNEKE: Any other comments? I was 20 out of the country from Tuesday until yesterday, and driving 21 back from San Antonio, it is appreciably drier. All in 22 favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 6-24-02 21 1 JUDGE HENNEKE: Motion carries. Let's return 2 now to the regular order of the agenda and Item Number 1, 3 which is consider the final plat of Cypress Springs Estates, 4 Phase II, Section I, in Precinct 4. Commissioner Griffin. 5 COMMISSIONER GRIFFIN: Yes. Truby has got 6 the original there. I've reviewed this. Franklin's not 7 here today, by the way, so Truby's going to be doing the 8 honors. It looks like everything is ready to go on it. 9 Truby, do you have anything you'd like to add? 10 MS. HARDIN: No. Everything seems to be in 11 order. The County Attorney has reviewed the Letter of 12 Credit. We have letters from T.N.R.C.C. and AquaSource on 13 the water. And Franklin has already signed the final plat. 14 COMMISSIONER GRIFFIN: And he recommends 15 approval? 16 MS. HARDIN: And he recommends approval. 17 COMMISSIONER GRIFFIN: I'll make a motion 18 that we approve the final plat of Cypress Springs Estates, 19 Phase II, as presented. 20 COMMISSIONER LETZ: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Griffin, second by Commissioner Letz, that the Court approve 23 the final plat of Cypress Springs Estates, Phase II, Section 24 I, as presented. Any questions or comments? If not, all in 25 favor, raise your right hand. 6-24-02 22 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Next item 5 we'll take up is consider the revised preliminary plat for 6 Stablewood in Precinct 4. Commissioner Griffin. 7 COMMISSIONER GRIFFIN: Yes. The Court may 8 recall that this is one where we had some notes on the 9 previous copy of the -- of the preliminary plat dealing with 10 copyrights and some other things that made it where we could 11 not duplicate it. This is a new copy with all of those kind 12 of notes removed so that we can actually get it entered into 13 the system correctly. Truby, anything to add to that? 14 Again, Franklin has recommended that the Court accept this 15 revised preliminary plat, since it's got the right pedigree 16 on it. 17 COMMISSIONER BALDWIN: Was there not some 18 questions on there regarding drainage? In the back of my 19 mind, seemed like there was some drainage questions. 20 MS. HARDIN: At this time, there were no 21 changes in the plat from what was previously filed, except 22 for those notes. 23 COMMISSIONER GRIFFIN: That's the next step. 24 What you're addressing is -- has to be done prior to the 25 final plat. This is just -- 6-24-02 23 1 COMMISSIONER BALDWIN: Okay. 2 COMMISSIONER GRIFFIN: -- a resubmission of 3 the preliminary without the owner's notes on it. 4 COMMISSIONER BALDWIN: Cool. 5 JUDGE HENNEKE: We have an individual, Mary 6 Hart Frost, who has asked to address us on this agenda item. 7 Ms. Frost? 8 MS. FROST: I'll give you a copy of my 9 statement. I've already given one to the clerk. This is 10 regarding water availability for the proposed Stablewood 11 Springs Ranch Subdivision. My name is Mary Hart Frost. My 12 husband and I are owners of a home on Lots 27 and 28 in the 13 Bumble Bee Hills Subdivision. These lots are adjacent to 14 the proposed Stablewood Springs Ranch Subdivision. I would 15 like to address the issue of water availability for that 16 proposed subdivision. In my opinion, the Commissioners 17 Court did not make any findings of fact regarding the water 18 availability requirements for Stablewood Springs Ranch 19 Subdivision as required by the Kerr County Subdivision Rules 20 and Regulations. In particular, I refer to Section 1.02, 21 Water Availability Requirements. Before any proposed 22 subdivision plat is approved, the developer must establish 23 to the reasonable satisfaction of the Commissioners Court 24 that an adequate quantity and quality of water exists, 25 meeting the standards established by T.N.R.C.C. and the 6-24-02 24 1 provisions contained herein. Failure to satisfy the water 2 availability requirements shall result in the denial of 3 approval of the proposed plat. 4 The only testimony about water availability 5 presented at the preliminary plat hearing was by Mr. David 6 Jackson, attorney for the developer, who stated that, "Water 7 availability is assured through Bumble Bee Hills water 8 system that Vlasek's company operates. We have to go 9 through the drill of getting actually approved. We have an 10 agreement that that, in fact, will happen." The plain fact 11 is that, in my opinion, the Bumble Bee Hills water system is 12 currently operating at or near its maximum capacity. There 13 is simply not enough capacity within the system to allow for 14 expansion to serve the proposed Stablewood Springs 15 Subdivision of 29 lot sites for 29 homes that will have a 16 minimum of 3,500 square feet each in size. Also, T.N.R.C.C. 17 has not evaluated or commented on this proposal. Section 18 1.04.1 of the Kerr County Subdivision Rules and Regulations 19 requires that the developer shall present to the 20 Commissioners Court, in satisfaction of these water 21 availability requirements, a letter or other document from 22 T.N.R.C.C.'s rate analysis and plan review team. No such 23 documentation was presented to the Court. Headwaters 24 Groundwater Conservation District also submitted written 25 comments, including a statement that the proposed 6-24-02 25 1 subdivision will have to meet water availability 2 requirements for Kerr County. 3 I know that the Kerr County Commissioners are 4 strongly committed to protecting individual property rights 5 and responsible, managed growth in Kerr County. I believe 6 that the proposed subdivision will have an adverse effect on 7 my property rights and my right to use the Bumble Bee Hills 8 water system. Because the water availability requirements 9 have not been adequately addressed, it is respectfully 10 requested that the Commissioners Court deny the requested 11 preliminary subdivision plat and direct the applicant to 12 provide the water availability documentation required by the 13 Kerr County Subdivision Rules and Regulations. Thank you 14 for your concern for the residents of Kerr County. 15 JUDGE HENNEKE: Thank you, Mrs. Frost. Today 16 we're considering the preliminary plat. Until we have the 17 final plat, we're not approving anything, only authorizing 18 the developer to continue to move forward with the process 19 of bringing his final plat to the Court for approval. Prior 20 to the approval of the final plat, the Court will have to 21 make the determination that the applicant meets the 22 requirements of water availability; however, this is not the 23 appropriate time, in my opinion, to delay the process for 24 that purpose. Now, we appreciate your coming forward and 25 reminding us that that's an issue with regards to this 6-24-02 26 1 particular proposed subdivision. 2 MS. FROST: Well, then, am I incorrect that 3 that documentation had to be presented when the preliminary 4 plat was approved? 5 JUDGE HENNEKE: No, it does not have to be 6 presented when the preliminary plat's approved. We will 7 have to make that decision when the final plat is approved, 8 but it's not a requirement for a preliminary plat. 9 Preliminary plat can be approved with many conditions and 10 unfulfilled requirements, subject to completion of those 11 prior to the final plat. Am I out of line on that? 12 COMMISSIONER LETZ: That's correct. And, as 13 an example, the prior -- Mr. Crenwelge's subdivision was the 14 exact same situation, that he's added into a different water 15 system. And if you want to see what we look for, here's a 16 copy for the Cypress Springs that you're welcome to have, is 17 this letter. And it is a letter from T.N.R.C.C. that's very 18 explicit about what is required and whether they meet those 19 requirements. 20 MS. FROST: Okay. 21 COMMISSIONER LETZ: And that will be required 22 prior to final plat approval. 23 MS. FROST: Okay. 24 COMMISSIONER LETZ: Just like on today's -- 25 same situation. Preliminary plat was approved knowing that 6-24-02 27 1 they had -- that the developer had to come up with that 2 letter. Kind of the same situation applies here. 3 MS. FROST: Then how am I going to know when 4 this documentation is being presented? Before I come in 5 here and it's final plat approval, we got everything, how -- 6 how am I able to check? 7 COMMISSIONER LETZ: T.N.R.C.C. -- we have no 8 idea, but T.N.R.C.C. would. Once the application is made 9 for an expanded water system, they will have record of it. 10 When that happens, we don't know. 11 COMMISSIONER GRIFFIN: And we won't act on it 12 -- the Court won't -- it won't even come up as an agenda 13 item until that letter is received from T.N.R.C.C. 14 MS. FROST: Okay. Again, my questions is, 15 who do I talk to, then, to make sure that I get a copy of 16 that water availability letter and that I know what's going 17 on? In other words, as far as water availability. 18 COMMISSIONER LETZ: I believe T.N.R.C.C. is 19 the answer, and I believe Mr. Laughlin is the guy who signed 20 that. I'd contact his office and say you want to be kept, 21 you know, aware of the signatures -- 22 COMMISSIONER GRIFFIN: You'd just like to get 23 a copy of the letter. I'm sure they'll send it to you at 24 the same time they send it here. 25 COMMISSIONER LETZ: I mean, but T.N.R.C.C. 6-24-02 28 1 controls that. That's a public water system, and it's -- 2 MS. FROST: It's actually a community water 3 system. 4 COMMISSIONER LETZ: Well, but it's a 5 public -- it's over 15 -- over 16 connections. 6 MS. FROST: Right. 7 COMMISSIONER LETZ: Sixteen or over, so it 8 will be under T.N.R.C.C.'s guidelines. And, you know, their 9 timetable, I have no idea, you know, how that process works, 10 but I think if you call Mr. Laughlin, he would be able to 11 explain to you their procedure, and I would imagine they'd 12 be willing to -- you know, if you have some information, you 13 know, you can send to him, they'll be glad to evaluate that 14 along with the request for the subdivision. 15 MS. FROST: Okay, thank you. Thank you very 16 much. 17 COMMISSIONER GRIFFIN: I will make the motion 18 that we accept this revised preliminary plat as submitted, 19 and the process continue to move forward. 20 COMMISSIONER LETZ: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Griffin, second by Commissioner Letz, that the Court accept 23 the revised preliminary plat for Stablewood, Precinct 4. 24 Any questions or comments? If not, all in favor, raise your 25 right hand. 6-24-02 29 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: All opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Okay. 5 COMMISSIONER LETZ: And I'll just make one 6 comment on that for Ms. Frost. The -- at the same time 7 during this process is when the drainage issues, you know, 8 will have to be -- you know, between the preliminary and 9 final will have to be resolved, and it will have to get a 10 drainage study and have to be signed by an engineer. 11 MS. FROST: Right. Thank you. 12 JUDGE HENNEKE: I don't see either Judge 13 Brown or Barbara Holmes in the courtroom for Item Number 4. 14 (Discussion off the record.) 15 JUDGE HENNEKE: Let's go to Item Number 5, 16 consider and discuss authorizing the Sheriff's department to 17 apply for 2002 LLEBG grant. 18 SHERIFF HIERHOLZER: I think y'all got the -- 19 all the documentation on it, the amount. This is the normal 20 LLEBG grant that we apply for each year that we share with 21 the City of Kerrville. Kerrville Police Department puts in 22 for a certain amount and we're allowed to put in for a 23 certain amount. We've done it each year for the last three 24 years, and it's the 2002 time. We have to have a committee 25 again and a hearing on exactly what we're going to use it 6-24-02 30 1 for in that period. Then we go forward with it once it's 2 done. 3 COMMISSIONER GRIFFIN: The amount that we're 4 going for is $5,000? 5 SHERIFF HIERHOLZER: Is the $5,000. 6 COMMISSIONER GRIFFIN: 570? 7 COMMISSIONER WILLIAMS: And the purpose is to 8 be determined by your -- 9 SHERIFF HIERHOLZER: By the committee. It's 10 normally made up of different people in the community that 11 decide what that gets used for, whether it's radio 12 equipment, whether it's -- you know. 13 COMMISSIONER BALDWIN: What did you use it 14 for last year? 15 SHERIFF HIERHOLZER: We upgraded some of the 16 radio stuff and some recorders, I believe. 17 COMMISSIONER BALDWIN: Judge, I move we 18 authorize Kerr County Sheriff to apply for the 2002 LLEBG 19 grant. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Motion by Commissioner 22 Baldwin, second by Commissioner Griffin, that the Court 23 authorize the Kerr County Sheriff's Office to apply for 2002 24 LLEBG grant and authorize the County Judge to sign any 25 necessary application. Any other questions or comments? If 6-24-02 31 1 not, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: Opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. 6 SHERIFF HIERHOLZER: Thank you. 7 JUDGE HENNEKE: We don't have Judge Elliott 8 in the courtroom. 9 MS. NEMEC: I went and told both offices that 10 you are ahead of schedule, so they should be walking in 11 soon. 12 JUDGE HENNEKE: We're not ahead of schedule; 13 they're behind. 14 MS. HOLMES: Is everyone waiting for me? 15 JUDGE HENNEKE: Yes. Item Number 4, request 16 additional funding in Line Item 427-494, Special Court 17 Reporter, due to the absence on maternity leave of Judge 18 Brown's court reporter, Kelly Rode. Ms. Holmes? 19 MS. HOLMES: Okay. If you looked at my 20 attachment, I think I included all the information that we 21 will need there. I do have two changes. I have found out 22 that our court reporters now bill at $200 per day rather 23 than the $150, and also, Kelly has been in the hospital and 24 has been off with bed rest for 10 days now. She's gotten 25 some complications with the baby, and they're going to -- 6-24-02 32 1 they're waiting till Friday to see if the baby's lungs are 2 developed enough and they're going to go ahead and take him 3 early, so we're already using a substitute court reporter. 4 JUDGE HENNEKE: So, what's the bottom line? 5 MS. HOLMES: You tell me. We can go ahead 6 and go with what I've suggested here, and if we need more at 7 a later date, we can always come back and request more, or 8 if you feel like we need to add a little to it -- 9 JUDGE HENNEKE: Do you have a source for 10 these funds? 11 MS. HOLMES: No, sir. 12 JUDGE HENNEKE: Where'd the Auditor go? 13 Skipped out on us. Have you talked to Tommy about -- 14 MS. HOLMES: Yes. But there's nothing left 15 in our budget for these funds. 16 COMMISSIONER LETZ: Have we got the 17 Auditor -- I'm just wondering if there's a place -- I'd 18 rather -- I mean, I really don't want to declare an 19 emergency. We need to find the funds somewhere. 20 COMMISSIONER WILLIAMS: That's exactly -- 21 nothing in Professional Services? 22 MS. HOLMES: I'm sorry? 23 COMMISSIONER WILLIAMS: Nothing left in 24 Professional Services anywhere? 25 MS. HOLMES: I don't believe so, no. We 6-24-02 33 1 limit -- we only have a small amount allowed in our budget 2 for this particular line item, because Kelly is seldom ever 3 out. And -- 4 COMMISSIONER LETZ: Is there a -- I know 5 there was some money left in the salary in Precinct 3 for 6 the secretary down there -- J.P. 3, I'm sorry. 7 JUDGE HENNEKE: I thought we -- 8 COMMISSIONER LETZ: We've used all that? 9 JUDGE HENNEKE: -- took that for the 10 part-time. 11 COMMISSIONER LETZ: I know we used some of it 12 for the part-time; I'm not sure we used all of it. 13 JUDGE HENNEKE: Should be some salary in the 14 County Attorney's office, too. 15 COMMISSIONER GRIFFIN: Has the Auditor taken 16 a look at this request to see if there may be some funds we 17 could identify? 18 COMMISSIONER BALDWIN: That's what we need to 19 do. 20 COMMISSIONER LETZ: Yeah. 21 COMMISSIONER GRIFFIN: That's what I'd 22 recommend. 23 MS. HOLMES: Just table it for right now, 24 then? 25 JUDGE HENNEKE: Why don't we table it till 6-24-02 34 1 the next meeting, which is July 8th, and then you'll have a 2 chance to visit with Mr. Tomlinson about identifying perhaps 3 some excess salary funds. 4 MS. HOLMES: Okay. 5 JUDGE HENNEKE: We'll take care of it, no 6 question about that, but unless we absolutely need to right 7 now, let's see if we can pull together some funds. 8 MS. HOLMES: Okay. Thank you. 9 JUDGE HENNEKE: Item Number 6, request to 10 move the Constable Precinct 1 office downstairs to the old 11 space occupied by the Collections Department. 12 Mr. Elliott -- Judge Elliott. 13 JUDGE ELLIOTT: Thank you for considering 14 this, putting it on the agenda. The request is because of 15 our office growing. And, of course, we really could have 16 used the space where our constable is all along, but due to 17 the fact that Constable McClure has always been there and we 18 worked real well with him, we've always been able to 19 accommodate the space. As our office continues to grow, we 20 feel now is a good opportunity. With the fact that 21 Constable McClure is retiring, this gives an opportunity to 22 make a change without any personalities involved. So, 23 whoever's appointed, they would have their own private 24 office in the basement, and that would give us a little more 25 work space in Precinct 1 J.P. So, that's the purpose of the 6-24-02 35 1 request. 2 JUDGE HENNEKE: Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Goofy. What -- I 4 don't see what the big deal is, and -- and a J.P. choosing 5 where the constable's office is going to be. As soon as Don 6 gets through, I think we need to move the desk out and then 7 we'll let the new constable decide where he's going to be, 8 where he's going to office. Simple as that. We ask the 9 maintenance people to move the desk out, it's over. 10 JUDGE ELLIOTT: Well, we're not -- I guess 11 what I was trying to do is not just bring a problem to the 12 Commissioners Court. What I was attempting to do is offer a 13 solution as well as a problem. The problem is, we need a 14 little more space to get our job done; we're running out of 15 file space. Wherever -- wherever the Commissioners Court 16 and the new constable decides to office is fine with us. We 17 just need a little more space, and I was just trying to 18 offer a solution. 19 COMMISSIONER BALDWIN: Well, that's fine. 20 Don, when do you leave? 21 MR. McCLURE: I'm going to clean out either 22 Saturday or Sunday. 23 COMMISSIONER BALDWIN: Okay. 24 MR. McCLURE: By the way, that desk belongs 25 to me; I bought it from D.P.S. 25 years ago. 6-24-02 36 1 (Laughter.) 2 COMMISSIONER GRIFFIN: It's definitely going 3 to go. 4 MR. McCLURE: I'm going to move it to my 5 house. 6 COMMISSIONER BALDWIN: Over the weekend, do 7 you think? 8 MR. McCLURE: Yeah. Yeah. 9 COMMISSIONER BALDWIN: Done. It's over. 10 MR. McCLURE: Sunday for sure. I'll turn the 11 key -- courthouse keys in to somebody. 12 COMMISSIONER BALDWIN: Sheriff. 13 COMMISSIONER LETZ: All right. No action 14 needed. 15 COMMISSIONER BALDWIN: Not from me. 16 COMMISSIONER LETZ: Done deal. 17 JUDGE ELLIOTT: Thank you. 18 JUDGE HENNEKE: Okay. All right. Next item 19 is Item Number 8, approve a lateral move in salary for Betty 20 Sevey from County Clerk's office to the Court Coordinator 21 for J.P. 3. 22 COMMISSIONER WILLIAMS: That's Number 7. 23 JUDGE HENNEKE: Is that 7? Okay, let's take 24 up Number 7. Yeah. Ms. O'Dell, who is the -- Kari O'Dell, 25 who's just walking into the courtroom late as we speak, has 6-24-02 37 1 offered the job as the Court Coordinator for J.P. 3 to Betty 2 Sevey, who's currently working in the Clerk's office, and is 3 requesting that she not take a one-step reduction in her 4 salary as a result of this move. Kari? 5 MS. O'DELL: That about sums it up. Betty 6 comes with experience, and she would be an asset to the 7 office. 8 COMMISSIONER LETZ: My only question is, 9 maybe there's something that's happened that I don't know 10 about, but why are you doing it as opposed to Judge Tench? 11 MS. O'DELL: He gave me full reins. He gave 12 me full reins. 13 COMMISSIONER LETZ: So, when will this be 14 effective? 15 MS. O'DELL: This would be effective today. 16 She starts today. 17 COMMISSIONER LETZ: So she'll be working for 18 Judge Tench? 19 MS. O'DELL: Yes, sir. 20 COMMISSIONER LETZ: And then -- 21 MS. O'DELL: Yeah. And it wouldn't be an 22 increase in the budget. 23 COMMISSIONER WILLIAMS: But it is, however, a 24 departure from what I think the Court's done in the past as 25 far as transfer. You'd usually start them at Step 1. 6-24-02 38 1 JUDGE HENNEKE: No. Actually, transfer, we 2 usually don't. New hires. I mean, the policy says that 3 everyone starts at Step 1, regardless of whether it's a 4 transfer or new hire, but the policy that the -- the 5 practice of the Court has always been not to penalize 6 someone monetarily -- 7 COMMISSIONER WILLIAMS: Okay. 8 JUDGE HENNEKE: -- for accepting more 9 responsibility. 10 COMMISSIONER WILLIAMS: I got you. 11 COMMISSIONER LETZ: So moved. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Was that a second? 14 COMMISSIONER WILLIAMS: I seconded. 15 JUDGE HENNEKE: Motion by Commissioner Letz, 16 second by Commissioner Williams, that the Court approve the 17 step and grade of 15-2 for Betty Sevey as the court 18 coordinator for J.P. 3. 19 MS. O'DELL: Thank you very much. 20 JUDGE HENNEKE: Any other questions or 21 comments? 22 COMMISSIONER BALDWIN: I have a question of 23 the Treasurer, our personnel officer. Does this require -- 24 just for my own information, does this require a court 25 order? 6-24-02 39 1 MS. NEMEC: Yes, it does. 2 COMMISSIONER BALDWIN: Why? Is that -- 3 MS. NEMEC: Because when that position was 4 vacated, it went automatically back to a 15-1. 5 COMMISSIONER BALDWIN: I see. Very good. 6 Thank you so much. 7 JUDGE HENNEKE: Any other questions or 8 comments? If not, all in favor raise your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: Opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. Item Number 13 8, consider and discuss accepting resumes for the Constable, 14 Precinct Number 1 position. Commissioner Baldwin? 15 COMMISSIONER BALDWIN: Yes, sir. I've had 16 some -- several phone calls, interest in the constable's 17 position, and I've received one resume already, and I 18 thought that we would just try to get the word out that if 19 anyone's interested and meets the requirements -- law 20 enforcement requirements, that we would -- we would accept 21 resumes and start going over them. And, I -- I think 22 that -- I think we'd probably like to have them in here by 23 July the 15th, and then look at them at a future -- future 24 Commissioners Court meeting. That's about it. I just kind 25 of wanted to maybe try to get the word out through the 6-24-02 40 1 newspapers that -- that this is kind of moving forward here. 2 Not at a great big hurry, but is moving forward -- 3 COMMISSIONER GRIFFIN: Smartly. Just 4 smartly. 5 COMMISSIONER BALDWIN: Just smart moving. 6 COMMISSIONER LETZ: Actually, we could have 7 found some funds in there, 'cause we're not -- 8 COMMISSIONER BALDWIN: Stay out of those 9 funds. And that's about it. I just kind of wanted to get 10 the word out that -- that -- and, Judge, I have -- every 11 time I think about this, I'm not around a computer, or I'm 12 around you, but you made a comment in here one time not too 13 long ago that -- that you thought that there was a new law. 14 I know that when the last group of constables came in, they 15 had one year to become certified. 16 JUDGE HENNEKE: 270 days after the day they 17 took the oath. 18 COMMISSIONER BALDWIN: To become certified, 19 and seemed like to me there's a new law that says you have 20 to be certified when you come in. 21 JUDGE HENNEKE: That's correct. 22 COMMISSIONER BALDWIN: Is that correct? 23 JUDGE HENNEKE: My understanding -- I don't 24 see our County Attorney anywhere, but it's my understanding 25 that the law now is that you have to be a certified police 6-24-02 41 1 officer on the day that you take office in order to -- to be 2 a -- a constable. 3 COMMISSIONER BALDWIN: That is true. 4 JUDGE HENNEKE: And so that's -- that needs 5 to be part of the word that goes out. 6 COMMISSIONER BALDWIN: Absolutely. 7 COMMISSIONER LETZ: Well, we ought to put 8 that language in the -- put it in whatever notice you're 9 going to put out. 10 COMMISSIONER BALDWIN: This is the notice. 11 COMMISSIONER LETZ: Well, the certificate -- 12 I mean, does it hold the license in a -- I mean, exactly 13 what the law is, or what you have to be when you take 14 office? 15 COMMISSIONER BALDWIN: TCLEOSE-certified. 16 COMMISSIONER LETZ: TCLEOSE-certified? 17 COMMISSIONER BALDWIN: That's what it is. 18 COMMISSIONER LETZ: And my other question is, 19 are you going to come back to us with a recommendation 20 whenever you're ready? 21 COMMISSIONER BALDWIN: Yeah. 22 JUDGE HENNEKE: And you want -- 23 COMMISSIONER WILLIAMS: Is there a date 24 certain on this? 25 JUDGE HENNEKE: July 15th. 6-24-02 42 1 COMMISSIONER BALDWIN: July 15th is the date 2 that we'd like to have the resumes back in here, and then -- 3 JUDGE HENNEKE: And you want written -- 4 COMMISSIONER BALDWIN: Written resumes. 5 JUDGE HENNEKE: People who are interested to 6 make an application in writing, to include a resume? 7 COMMISSIONER BALDWIN: Yes, sir. 8 JUDGE HENNEKE: Let's have a motion to accept 9 written applications for the position of our Constable, J.P. 10 1, through close of business on July 15th. They would be 11 submitted to Commissioner Baldwin for his consideration and 12 further recommendation to the Court. 13 COMMISSIONER GRIFFIN: So moved. 14 COMMISSIONER BALDWIN: I'll second that 15 motion. 16 JUDGE HENNEKE: Motion by Commissioner 17 Griffin, second by Commissioner Baldwin, that the Court 18 accept resumes for the position of Constable, Precinct 1, 19 through the close of business on July 15, Year 2002, with 20 such resumes to be submitted directly to Commissioner 21 Baldwin for his review and recommendation to the Court, with 22 the proviso that any applicants must satisfy all legal 23 requirements of the position. Any other questions or 24 comments? If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 6-24-02 43 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Item Number 4 9, consider and discuss authorizing a public hearing 5 regarding the Kerr County Comprehensive Colonia Study and 6 Plan for Tuesday, July 2, Year 2002, at 6:30 p.m., in the 7 Kerr County Commissioners Courtroom. Commissioner Williams? 8 COMMISSIONER WILLIAMS: The purpose of the 9 public hearing, Judge, is to satisfy the requirements of the 10 grant and to make certain that the revisions to the plan as 11 a result of public input in previous hearings is in place. 12 Grantworks will advertise and will conduct the public 13 hearing. I so move. 14 COMMISSIONER GRIFFIN: Second. 15 JUDGE HENNEKE: Motion by Commissioner 16 Williams, second by Commissioner Griffin, that the Court 17 authorize a public hearing regarding the Kerr County 18 Comprehensive Colonia Study and Plan for Tuesday, July 2, 19 Year 2002, at 6:30 p.m. in the Kerr County Commissioners 20 Courtroom. Any questions or comments? 21 COMMISSIONER LETZ: Yes. When will the draft 22 of the plan be available to the public? 23 COMMISSIONER WILLIAMS: At the public 24 hearing. In case there's anything else that has to be -- 25 has to be taken care of, they'll have a draft of it, but 6-24-02 44 1 they think it's going to be okay based on the changes that 2 we made. We may get a copy of it in time for the July 2 3 meeting. 4 COMMISSIONER LETZ: How do we know what we're 5 having -- what the revisions are if we don't have a draft 6 before the public hearing? 7 COMMISSIONER WILLIAMS: Good point. I'll 8 call them, tell them to send it to us. 9 COMMISSIONER LETZ: I think we need at least 10 a week in advance for us and for the public to look at the 11 draft, so if they have comments -- additional comments, they 12 can make them at the public hearing. 13 COMMISSIONER WILLIAMS: Well, a week in 14 advance would not give us enough time, so we need -- well, 15 we're up against a time frame in terms of the State, I 16 believe. I can have them e-mail it down and get it to us 17 today. 18 COMMISSIONER LETZ: Okay. I just think we 19 need to get a copy of the revised plan available to us and 20 to the public. 21 COMMISSIONER WILLIAMS: I'll have them e-mail 22 it down; we'll put it on file in the Clerk's office. 23 COMMISSIONER LETZ: Okay. 24 JUDGE HENNEKE: Any other questions or 25 comments? If not, all in favor, raise your right hand. 6-24-02 45 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Time for one 5 more before the public hearing. Next item is Item Number 6 10, consider and discuss determination if property sale 7 requires platting. Commissioner Letz. 8 COMMISSIONER LETZ: This is one that's kind 9 of a strange situation. Mike Lindley contacted me regarding 10 whether they needed platting. I talked to Road and Bridge 11 first, and it's -- the issue is whether a division of 12 property is subject to our -- to platting. And it's 13 basically a state law requirement, not our county 14 requirement. The reason it's come up right now, that they 15 want this determination now, is that a buyer has been found, 16 and the -- the buyer wants this clarified before they make a 17 definite decision during the contract period. We have some 18 backup, but basically we have two tracts of land, 7.65-acre 19 tract and 7.94-acre tract; they're side-by-side. The 20 individual that currently owns them bought both of them in 21 one document, but they were described as separate tracts at 22 that time. Now he wants to sell one of the tracts, the 23 7.65-acre. I don't think that it requires platting, because 24 I think it's no different than two individuals buying those 25 two tracts and one of them selling it, which would not 6-24-02 46 1 require platting. They're two -- they just happen to be two 2 pieces of property that one person owns. There's a separate 3 identity to each property; there's no surveying, nothing 4 going on other than selling the 7.65-acre tract. Franklin 5 was concerned about the date that the transactions took 6 place, but I don't see the relevance of the dates, and he 7 was going back to the Elgin Bank case. It's -- we used to 8 think that was -- you know, view that as important. I think 9 Franklin and Road and Bridge, they don't have a problem with 10 that. My interpretation of it is that it does not require 11 platting. Franklin and I basically were in agreement, I 12 think, that that was okay, but Franklin would rather have 13 the Court make a determination rather than him, because it's 14 something that we've never really -- it's an unusual 15 situation. 16 COMMISSIONER GRIFFIN: I certainly don't see 17 any problem with it. It's two separate pieces of land that 18 are identified in the -- in the record, and they're just -- 19 the owner's selling it. As long as there's not a further 20 subdivision of the one that's being sold at this time, it 21 shouldn't be a problem. 22 COMMISSIONER LETZ: Right. And that's what 23 I've told Mr. Lindley, who's representing the buyer and the 24 seller, that if they change the boundary at all or they add 25 another tract anywhere, then it needs platting, but as long 6-24-02 47 1 as they just keep the same metes and bounds description 2 that's currently on the deed, it doesn't require platting. 3 There's no road issues, nothing like that. 4 COMMISSIONER BALDWIN: Jon, let me ask you a 5 question. Are both of them in the same subdivision? 6 COMMISSIONER LETZ: I don't believe either 7 one of them is in -- 8 COMMISSIONER BALDWIN: Either one is in a 9 subdivision? 10 COMMISSIONER LETZ: No. 11 COMMISSIONER GRIFFIN: Chunk of land. 12 COMMISSIONER BALDWIN: Hmm? 13 COMMISSIONER GRIFFIN: I said it's just a 14 chunk of land. 15 COMMISSIONER BALDWIN: I agree with you. 16 COMMISSIONER LETZ: Okay. I'll make a motion 17 -- I forget how to describe it to make a motion -- that the 18 property submitted -- Truby, do we have an actual legal 19 description of these properties? 20 MS. HARDIN: I don't think so. 21 (Discussion off the record.) 22 COMMISSIONER LETZ: I think it's going to be 23 difficult to draft a motion without knowing exactly what 24 we're talking about. 25 JUDGE HENNEKE: Well, we could -- yes, Don? 6-24-02 48 1 MR. VOELKEL: I'm Don Voelkel. I did surveys 2 of those and I have descriptions in my office, if you need 3 me to get them. I don't know where Mike is. 4 JUDGE HENNEKE: You did the original survey 5 work whenever they were conveyed? 6 MR. VOELKEL: Right. Do you know where -- 7 you know where the properties are? 8 COMMISSIONER GRIFFIN: Yeah. 9 MR. VOELKEL: We developed the land in a -- 10 you know, where we put the road in, but we didn't have to 11 put a road in to do these, so we just chopped them off Cade 12 Loop. And I have descriptions of when they conveyed those 13 back to them. I can get them to you this afternoon or later 14 this morning. 15 COMMISSIONER LETZ: I think my preference 16 would be that we can then identify as an attachment the 17 actual two tracts that -- you know, if he wants to sell one, 18 so there's no confusion, and that way it's clear to the 19 buyer exactly what we're talking about that tract. 20 JUDGE HENNEKE: It's the 7.65-acre tract that 21 we're talking about right now. 22 COMMISSIONER LETZ: Right. Right. 23 JUDGE HENNEKE: I think it would be 24 acceptable to craft a motion which said that the Court 25 determines that that certain 7.65-acre tract described on 6-24-02 49 1 Exhibit A, to be provided by the surveyor, does not require 2 platting so long as -- 3 COMMISSIONER LETZ: Okay. I would recommend 4 that -- I will make a motion, then, that the Court has 5 determined that sale of the 7.65-acre tract or the 7.94-acre 6 tract, as described on attached Exhibit A, does not require 7 platting in Kerr County Subdivision Rules. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Griffin, second by Commissioner Letz, that the Court 11 determines that the sale of either the 7.65-acre tract or 12 the 7.94-acre tract described on the Exhibit A, to be 13 provided by Mr. Voelkel and approved by Commissioner Letz, 14 does not require platting under the Kerr County Subdivision 15 Rules and Regulations. Is that clear enough? Any questions 16 or comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: Opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Don, you 21 need to get that exhibit to Commissioner Letz and he'll sign 22 off on it, then see that it gets attached to the order. 23 MR. VOELKEL: Okay. I'll bring it back as 24 soon as I get done here with the public hearing. I'll bring 25 it back. 6-24-02 50 1 JUDGE HENNEKE: Okay. Let's take up our 2 public hearing at this time. At this time, the Kerr County 3 Commissioners Court will recess for the purpose of 4 conducting a public hearing. 5 (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing 6 was held in open court, as follows:) 7 P U B L I C H E A R I N G 8 JUDGE HENNEKE: Having recessed, we now open 9 the public hearing considering the revision of the plat for 10 Hidden Hills, Precinct 2. Are there any citizens who'd like 11 to address the Court on the revision of plat for Hidden 12 Hills, Precinct 2? Actually, it's the -- consider the 13 preliminary revision of plat for Lot 11 of Hidden Hills, 14 Precinct 2. Is there any member of the public who would 15 like to address the Court on the issue of the revision of 16 the -- preliminary revision of plat for Lot 11 of Hidden 17 Hills, Precinct 2? 18 (No response.) 19 JUDGE HENNEKE: Third time's the charm. Once 20 again, is there any citizen who would like to address the 21 Court on the issue of the preliminary revision of plat for 22 Lot 11 of Hidden Hills located in Precinct 2? Seeing none, 23 the Court will close the public hearing on the preliminary 24 revision of plat for Lot 11, Hidden Hills, Precinct 2, and 25 will reconvene the regular Kerr County Commissioners Court 6-24-02 51 1 special session. 2 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court 3 meeting was reopened.) 4 - - - - - - - - - - 5 MR. VOELKEL: We had originally planned on 6 having our final plat ready, but Bandera Electric Co-op, I 7 don't think -- they wanted to inspect; they didn't get to 8 inspect it or something, so we'll probably wait till the 9 next meeting for our final plat. But Mr. Duncan's here; 10 he's the owner, and we just wanted to show up for the public 11 hearing. And if there's no other need to be here, we'll 12 just get our final plat so that Truby can put it on the next 13 meeting. But we had to -- Bandera Co-op was asking us to 14 wait. They wanted to review what they want to do out there. 15 COMMISSIONER WILLIAMS: That's fine. 16 COMMISSIONER LETZ: Thank you. 17 JUDGE HENNEKE: Gentlemen, we are walking 18 through the agenda. Why don't we take a break a little bit 19 early and reconvene promptly at 10:15? 20 (Recess taken from 10:03 a.m. to 10:15 a.m.) 21 - - - - - - - - - - 22 JUDGE HENNEKE: We'll reconvene this regular 23 special session of the Kerr County Commissioner Court. I 24 believe the next item for consideration is Item Number 11, 25 which is to consider and discuss authorizing a deputy 6-24-02 52 1 constable for Joel Ayala, Constable of Precinct 2, for 2 purposes of carrying Solid Waste Enforcement Officer, 3 Mr. North's, license. I spoke with Constable Ayala back 4 there, and he indicated to me he was willing to accommodate 5 the Court in this. Is that right? 6 MR. AYALA: That's right. 7 JUDGE HENNEKE: If we don't do something like 8 this, then Mr. North's license will expire, will no longer 9 be valid. 10 COMMISSIONER BALDWIN: I think it's a 11 terrific idea. Second. 12 COMMISSIONER GRIFFIN: Yeah. 13 COMMISSIONER BALDWIN: Second -- or first. 14 I'll -- 15 COMMISSIONER WILLIAMS: I'll make a motion 16 that we authorize a deputy constable for Joel Ayala, 17 Constable, Precinct 2, for the purpose of carrying peace 18 officer Ed North's license. 19 COMMISSIONER GRIFFIN: Second -- or it's 20 already seconded. 21 JUDGE HENNEKE: Motion by Commissioner 22 Williams, second by Commissioner Baldwin, that the Court 23 authorize a deputy constable for Joel Ayala, Constable of 24 Precinct 2, for purposes of carrying Solid Waste Enforcement 25 Officer, Mr. Ed North's, peace officer license. 6-24-02 53 1 COMMISSIONER LETZ: Just a comment for the 2 record, if I may, Judge. This has no budgetary impact. 3 JUDGE HENNEKE: That's correct. 4 COMMISSIONER WILLIAMS: It has none. 5 JUDGE HENNEKE: None at all. 6 COMMISSIONER WILLIAMS: Does it, Constable? 7 MR. AYALA: I didn't hear that. 8 COMMISSIONER WILLIAMS: It has no budget 9 impact. 10 MR. AYALA: Not at all. 11 COMMISSIONER WILLIAMS: Thank you. 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: All opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. 18 COMMISSIONER WILLIAMS: Give me a call, 19 Constable. Please give me a call later. 20 JUDGE HENNEKE: Next item is Item Number 13, 21 consider and discuss adoption of a resolution regarding 22 delineation of Groundwater Management Areas. This is a 23 regional water issue, and one that adversely affects Kerr 24 County. Briefly, the Texas Water Development Board has 25 proposed Groundwater Management Areas. The management areas 6-24-02 54 1 they've proposed for Kerr County would divide Kerr County in 2 two, putting one portion of the county in with Bexar County 3 and the remainder of the county with the western counties, 4 which we do not feel is in the best interests of Kerr 5 County. Comparable resolutions are being considered and 6 hopefully adopted by the City of Kerrville, U.G.R.A., and 7 Headwaters. Jonathan, do you have anything you want to add 8 to that? 9 COMMISSIONER LETZ: Couple of comments, just 10 to kind of try to -- I'm trying to figure out how to write 11 this. I need to write a letter from Region J standpoint to 12 the Board also, but it's a confusing situation. I think the 13 best analogy as to what has happened is, the Legislature has 14 mandated the Groundwater Management Areas, and they told the 15 Water Development Board to form them. These do not exist 16 right now. The State is not divided into -- so every county 17 is in a groundwater management area. Water Development 18 Board does the science part; that's why they've been asked 19 to delineate the boundaries, but who's going to use these is 20 T.N.R.C.C., from the regulatory standpoint. And these are 21 really -- the State Legislature, Water Development Board, 22 and T.N.R.C.C. are moving towards a -- kind of a -- I don't 23 know, I guess a hierarchy of groundwater management, or 24 ground controls. 25 This doesn't have any impact at all on 6-24-02 55 1 Headwaters, other than who -- what umbrella group they fall 2 within. Currently, they -- they're in a Priority 3 Groundwater Management Area, which is a separate entity that 4 will be affected by the Groundwater Management Areas that 5 are being formed right now. But what it -- the boundary 6 that was put forth by the Water Development Board -- I won't 7 make any comments as to the weird way they came up with the 8 boundary, but they came up with a boundary that splits Kerr 9 County in two, but the eastern part of the county would be 10 in a Groundwater Management Area along with San Antonio, 11 Kendall County, all the way down, kind of Guadalupe County 12 and that area. And then the western two-thirds of the 13 Groundwater Management Area, which is the Edwards Trinity 14 area out of -- San Angelo is the big city in that; it's a 15 pretty large area. And from a -- a working standpoint, it 16 makes -- it's very, very difficult, the way the draft plan 17 is -- is presented. Kerr County, first of all, needs to be 18 in one Groundwater Management Area or the other. I mean, 19 splitting any county is a bad idea, 'cause all of a sudden, 20 you just double the bureaucracy, essentially. From a 21 management standpoint, this is -- comes from both the Region 22 J's feeling and Headwaters' feelings, along with groundwater 23 districts around here; they would much prefer to be in the 24 area of -- Edwards Trinity area, which is further out west. 25 It more closely matches us, you know, I guess economy-wise, 6-24-02 56 1 rural areas versus urban areas there near San Antonio. 2 It also -- there's a real likelihood that 3 these boundaries are going to have power -- regulatory power 4 down the road. The only one that's really in existence 5 right now, closest thing to it is Edwards Aquifer Authority. 6 And whenever you get regulatory authority, as there's a 7 possibility down the road, even though it isn't suggested 8 for right now, it will be probably done by population, and 9 that would put San Antonio in total control basically of an 10 area that puts us to the east. So, basically, the same 11 argument we went through when we had Region J established 12 regionally. And firmly -- I firmly believe, and Region J 13 firmly believes, and Headwaters strongly believes that we 14 need to be out of the Edwards Trinity away from San Antonio 15 area so that we have a little more influence and also can do 16 a better job of managing our aquifer rather than have people 17 in the San Antonio area managing the aquifer for us. 18 Hopefully, I didn't -- hopefully, that is clear. 19 COMMISSIONER GRIFFIN: Yeah. 20 COMMISSIONER BALDWIN: I agree with 21 everything you said. 22 JUDGE HENNEKE: Yes, sir? 23 MR. MOORE: Mr. Letz, I agree with you. 24 JUDGE HENNEKE: Can you identify yourself, 25 sir? 6-24-02 57 1 MR. MOORE: Oh, yes, sir. I'm Ed Moore. I 2 live in Turtle Creek. I agree with you. I support your 3 idea that we're not in favor of this. Let me explain to you 4 a little bit why. I've spent most of my years in 5 California, but I'm still a Texan. I've been here off and 6 on many times. I watched what L.A. County has done to the 7 northern part of California. They just raked the water out 8 of there. They took the beautiful country, they took the 9 water and killed the trees. Now, you mentioned something 10 that I want to talk about. Why would San Antonio want out 11 here? They'd control our water. If they put them in there, 12 they get a shot at our water; they get to tell us what to 13 do. And I believe, as you stated, and I hope you gentlemen 14 agree, that we need to control Kerr County's water. 15 COMMISSIONER BALDWIN: Absolutely. 16 MR. MOORE: We don't need to be put in a 17 group in San Antonio, because I'll tell you what will 18 happen. They'll take it from us and they'll feed their 19 super-huge industries with it, and we'll wonder where the 20 water went. Thank you, gentlemen. 21 JUDGE HENNEKE: Thank you, sir. 22 COMMISSIONER LETZ: I would encourage any 23 citizen to write a letter to the Water Development Board. 24 This says by July 1st; that's the deadline. They need to 25 receive it -- or it needs to be received by July 1st, public 6-24-02 58 1 input and governmental body entities. You know, this is 2 something that is very much in a draft version. They will 3 listen. But after July 1st, when they shut off or stop 4 receiving comments on that draft, after that it becomes much 5 more difficult to make the change, because you have to go -- 6 the next avenue is to go before the full Water Development 7 Board, and then you have to basically go against the 8 recommendation of staff, and that's a very difficult thing 9 to get done. 10 MS. FROST: Where can I get the address to 11 write to? 12 MS. LAVENDER: It'll be in tomorrow's paper. 13 COMMISSIONER LETZ: What? 14 MS. LAVENDER: I said it would be in 15 tomorrow's paper. 16 COMMISSIONER LETZ: Will be in the paper. 17 MR. MOORE: Thank you. 18 JUDGE HENNEKE: Any other questions or 19 comments? 20 COMMISSIONER LETZ: I'll make a motion we 21 approve the resolution as presented. 22 COMMISSIONER GRIFFIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner Letz, 24 second by Commissioner Griffin, requesting that the Court 25 approve the resolution of the Kerr County Commissioners 6-24-02 59 1 Court as presented, which concerns the delineation of 2 Groundwater Management Areas by the Texas Water Development 3 Board. Any other questions or comments? If not, all in 4 favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: Opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Next item, 9 Item Number 14, consider and discuss County Judge to serve 10 as the Commissioners Court representative on what is called 11 the Kerr County Water Council. Kerr County Water Council, 12 as you see by the letter in the agenda book, is a new entity 13 designed to promote discussion among the players in Kerr 14 County on water issues, the players being U.G.R.A., 15 Headwaters, City of Kerrville, and the Commissioners Court. 16 It was actually out of the first meeting of the Kerr County 17 Water Council that the Groundwater Management Area issue 18 arose, brought to the table by Headwaters Board. 19 Commissioner Letz is a member of that council, based on his 20 position principally as the president of Region J, but also 21 because of his long work in and understanding of water 22 issues. And I believe it would be prudent for the Court to 23 designate the County Judge as the Commissioners Court 24 representative on the Kerr County Water Council. Anybody 25 have any questions or comments? 6-24-02 60 1 COMMISSIONER WILLIAMS: How frequently will 2 you be meeting, Judge? 3 JUDGE HENNEKE: We intend to meet quarterly 4 and to have general discussion on topics that affect all of 5 us in Kerr County as far as water is concerned. 6 COMMISSIONER WILLIAMS: Meetings for public 7 input? Public participation? 8 JUDGE HENNEKE: The meetings are open to the 9 public, but they're not going to be posted, since none of 10 the entities will have a majority of the governing body. 11 COMMISSIONER WILLIAMS: I understand. So 12 moved. 13 COMMISSIONER GRIFFIN: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Williams, second by Commissioner Griffin, that the Court 16 appoint the County Judge to serve as the Commissioners Court 17 representative on Kerr County Water Council. 18 COMMISSIONER LETZ: I'll make a couple of 19 comments, if I may. And these are things that I mentioned 20 at the first meeting; that, one, that I feel I, in my 21 position as chair of Region J, you know, attend the council. 22 I think it's a good idea to keep everyone talking, but I 23 have been -- and I'm a bit leery of it not becoming a waste 24 of time. As long as something is constructive and 25 discussed, I have no problem meeting, but I think most of us 6-24-02 61 1 go to so many meetings already that we just don't need to 2 meet to meet. You know, I meet with all of the 3 representatives that go to this council at Region J's 4 meetings, everyone's -- plus a whole lot of others are 5 represented there. So, I don't see -- you know, I'm 6 communicating with the others, but I think maybe some of the 7 other board members are not communicating, and I think 8 anytime you can get dialogue and familiarity with each 9 other, I think things can be improved. So, I have no 10 problem supporting the council. I do think -- and I 11 mentioned this at the initial meeting also -- that I feel 12 that Judge-elect Tinley should also attend. And he 13 certainly is welcome to attend as a citizen, but I think he 14 should -- just to have some cohesiveness in the future, 15 'cause he's -- there'll only be really a September meeting 16 and possibly a December meeting this year, and I think it is 17 prudent for the County to bring on the next County Judge now 18 to also attend the meetings. I don't know that we formally 19 have to -- the Court has a need to appoint him. I think 20 he's free to attend anyway, but I would ask that he be added 21 to the list and be invited. 22 JUDGE HENNEKE: That's no problem. 23 COMMISSIONER BALDWIN: My only comment is 24 kind of in that vein. I just don't understand why we have 25 to officially appoint anyone, because I -- I don't see this 6-24-02 62 1 group as a -- an official group. I mean, I think -- it just 2 appears to me -- I'm not opposed to the organization; 3 however, we'll just add it to the long list of 4 organizations. But, you know, it appears to me that it's 5 just -- you guys are going to get together and have a 6 hamburger and talk about water issues. Why you just don't 7 go do that, I -- I don't know. But -- 8 JUDGE HENNEKE: Well, it -- you know, it's 9 not as formal as it sounds. Commissioner Letz made some 10 good comments. It's the first meeting and we're starting 11 out to meet quarterly, so it's not -- hopefully not going to 12 be a waste of time. The reason that I felt it was necessary 13 to designate someone is that I think the Court needs to be 14 represented -- represented other than by Commissioner Letz. 15 Commissioner Letz is wearing two hats. If he's not the 16 Commissioners Court representative, someone needs to have 17 the responsibility of going to the meetings, and since it's 18 the consensus of the group that we don't want these to be 19 considered meetings under the Open Meetings Act, we can only 20 have one representative from the Court, so we need to 21 designate someone who will be the one who will attend the 22 meetings. It's always subject to change, but I think the 23 logical representative is -- at this time is the County 24 Judge. It's really designating someone, Commissioner 25 Baldwin, so that we don't run afoul of the Open Meetings 6-24-02 63 1 Act. Because if we just leave it that we're going to have 2 these Water Council meetings and anybody can go, if three of 3 us show up, we have a problem. 4 COMMISSIONER BALDWIN: I don't think you'll 5 see that. 6 COMMISSIONER WILLIAMS: I might add -- might 7 add, by designating the County Judge, that carries forward 8 into next year as well. It continues to meet. 9 JUDGE HENNEKE: That's right. 10 COMMISSIONER WILLIAMS: Designating the 11 position. 12 JUDGE HENNEKE: That's right. 13 COMMISSIONER LETZ: I mean, I don't think -- 14 I think Commissioner Baldwin's point is well taken, that it 15 could go on without representation, but I think it's just a 16 matter of -- any action or any -- really, there's no action 17 that can be taken by the council. If there's anything to 18 ever, you know, be discussed, if it's ever worthy to bring 19 to the Court, the Judge will bring it to the Court, I think, 20 for discussion, and other people that attend will take it to 21 their organizations if there's anything -- you know, to see 22 if there's any action to be taken. It's really more of a 23 way to keep the information flowing. I think it can go on 24 with or without the formal Court's appointing someone, but I 25 have no problem with appointing -- making the appointment, 6-24-02 64 1 either. I mean, it's -- 2 COMMISSIONER GRIFFIN: I think another 3 advantage of having someone designated is that it becomes a 4 point of contact for this somewhat informal organization. 5 Point of contact to say, "Who do you contact if you want to 6 get together for a meeting?" So, it's almost -- 7 COMMISSIONER LETZ: Okay. 8 JUDGE HENNEKE: Any other questions or 9 comments? If not, all in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: Opposed, same sign -- yes, 12 sir? 13 MR. MOORE: Yes, sir. Thank you. 14 JUDGE HENNEKE: Sorry. 15 MR. MOORE: That's all right, no problem. 16 JUDGE HENNEKE: Next item is Item Number 15, 17 consider and discuss approval -- disapproval of the A.D.A. 18 inspection of the Courthouse Annex second floor. Mr. 19 Longnecker? Good morning, sir. 20 COMMISSIONER BALDWIN: Judge, while he's on 21 his way up here, this is your agenda item here. Did you put 22 the word "disapproval" on there? 23 JUDGE HENNEKE: Yes, I did. 24 COMMISSIONER BALDWIN: Okay, good. Good. 25 Thank you. 6-24-02 65 1 MR. LONGNECKER: I'm Keith Longnecker. 2 JUDGE HENNEKE: Keith? 3 MR. LONGNECKER: Do you all have copies of 4 this, Ed Beasley's letter, inspection report? 5 COMMISSIONER WILLIAMS: Yes. 6 MR. LONGNECKER: I think, for the most part, 7 the items in violation, many of those have been taken care 8 of already. Parking and passenger signage, the signs must 9 be 60 inches high. Curb ramps, and the sinks in the Jury 10 Rooms 1 and 2, which are 36 inches high, and they should 11 have been 34 inches. This is a T.A.S., Texas Accessibility 12 Standards, where this is the only one that is of any 13 consequence as far as cost of correcting, makes a 14 difference, and that is that it's 36 and it should have been 15 34 in those two sink heights. All sinks are supposed to be 16 no higher than 34 inches. That's the maximum height. And I 17 believe that's it. I want to introduce Mr. Ed Beasley, who 18 wrote this letter. He is the specialist for Texas 19 Department of Licensing and Regulation, and he does the 20 inspections, both in plan review for new construction, as 21 well as final review on new construction as it's completed. 22 So, Ed, can you come up here a minute and explain to them? 23 And he'll answer your questions. 24 MR. BEASLEY: Good morning. My name is Ed 25 Beasley. I'm the Registered Accessibility Specialist listed 6-24-02 66 1 through T.D.L.R. to make your inspection tour. Everyone has 2 read the letter, I'm sure. Does anybody have any questions 3 concerning any of the write-ups? 4 COMMISSIONER LETZ: What happens if we don't 5 meet the requirements -- or the inspection, if we're 6 disapproved on an item? What's the recourse? 7 MR. BEASLEY: Basically, what happens is -- I 8 believe I sent a response form along with my letter -- that 9 one of the boxes needs to be checked and returned to me 10 within 90 days of the -- of the inspection. If the top box 11 is checked, it says everything has been fixed. The file is 12 closed, everything is -- is approved. You will receive a 13 second letter stating that everything is approved based on 14 your response. If I don't get a response at all, or if you 15 just decide not to fix them, after the 90 days I have to 16 forward the file back to the Texas Department of Licensing 17 and Regulation. They send it over to their Enforcement 18 Department. I have no idea how the State handles it from 19 that point on, what they do with it and how they approach 20 it. I have no idea. They may contact you again and give 21 you another 90 days to fix it again. I have no idea. I 22 have to turn it back over to the State at that point. 23 COMMISSIONER LETZ: Keith -- or either Keith 24 or Glenn or Judge or somebody, is the plan to fix the sink 25 height? Are we going to go in there and tear out that sink 6-24-02 67 1 and lower it 2 inches, or not? 2 MR. LONGNECKER: Well, that's the major thing 3 that would be a cost factor to the County to change it. Am 4 I right, Glenn? 5 MR. HOLEKAMP: Yes, sir. 6 MR. LONGNECKER: So that's the only one. The 7 rest of them, I'm sure Glenn has taken care of some of 8 those, or all of them. I'm not sure yet. We haven't gone 9 through them to see if they're all finished; we wanted to do 10 this first and then get the Court's idea of what we should 11 do to carry on with the sinks themselves. 12 COMMISSIONER LETZ: What's the cost estimate 13 to fix the sink? 14 MR. LONGNECKER: I have no cost estimate on 15 it right now. 16 MR. HOLEKAMP: I think there's -- Glenn 17 Holekamp. I think there's a couple of options there that 18 we could probably look at instead of lowering the sinks. 19 There's a possibility we could raise up the floor that 20 2 inches somewhere or another, but -- which would address it 21 also. So, I would really like to look at a comparison, if 22 the Court would allow me to do that before we proceed with 23 it. 24 JUDGE HENNEKE: Mr. Beasley, is that an 25 acceptable fix, as far as you know? To raise the floor, as 6-24-02 68 1 opposed to -- 2 MR. BEASLEY: You can. It just depends on 3 how the transition between the higher floor and the lower 4 floor is. 5 JUDGE HENNEKE: A slope and -- 6 MR. BEASLEY: Right. It just depends on how 7 you make that transition, if it will be acceptable. 8 There -- that is a possible fix, yes. And if you need more 9 time than the 90 days, I believe one of the boxes on that 10 response form was to request an extension. 11 COMMISSIONER LETZ: I would -- personally, I 12 think everything that's going to be -- you know, if they can 13 be fixed relatively easy, you know, let's get them fixed and 14 signed off. And on that one, I'd check the box that says 15 we're not going to fix it. I mean, I just -- it doesn't 16 make sense to me to spend a whole lot of money for a 2-inch 17 change. I don't see how that is going to affect anyone with 18 any disability, personally. I mean, if you have a -- a 19 short person in a wheelchair versus a tall person, you can 20 have over a 2-inch differential there. So, to me, I just 21 don't see the need there. But -- and also, I think it's 22 federal government getting in our business too much. 23 COMMISSIONER WILLIAMS: Well, there's a box 24 for pursuing a variance. Why couldn't we pursue a variance? 25 COMMISSIONER LETZ: Well, variance is okay. 6-24-02 69 1 I'll go with that one. 2 JUDGE HENNEKE: Keith, were the plans and 3 specs wrong? 4 MR. LONGNECKER: Well, I would have to say 5 yes, on 36 inches. It should have been 34. So, it wasn't 6 caught at the time, and I'm not sure exactly where or when 7 that transpired, but it's just something that the architect 8 didn't put on the plans. He put it on as 36, which is the 9 standard heighth for most all cabinets and counters. Has 10 been for years. And T.A.S. decided they would have it at 11 34, 'cause they -- so it's -- it's in violation. And to go 12 back through the history of all the plans and exactly how it 13 got that way or not, you'd have to talk to the architect, 14 Mike Walker, to see why he chose to use the 34. I think 15 simply because of the standard, 34 inches was all -- or 16 36 inches has always been standard height for that type of 17 counter and sinks and so forth in everybody's house. It's 18 normal that all kitchen sinks are put in at 36 inches. 19 COMMISSIONER WILLIAMS: I was going to ask a 20 rhetorical question, "What would they do, cut off our heads 21 if we don't do it?" But I'd rather ask the County Attorney 22 what he thinks would be the net result of noncompliance. 23 MR. MOTLEY: Well, it might even cost you 24 more money than to fix the sink, you know. That's what you 25 started -- and I -- I suppose there is some reason for 6-24-02 70 1 saying that 34 is the proper heighth for a disabled person; 2 I'm sure they didn't just pick that out of the air. If it 3 is possible to seek a variance, you know, that might be the 4 most cost-efficient thing, it would seem to me. But I -- 5 you know, what could happen is I think precisely what this 6 gentleman has said, is that the enforcement body or the 7 enforcement powers in the -- in the State may, you know, 8 well come after us and make us do it anyway. How many sinks 9 are we talking about? Is it just one? 10 MR. LONGNECKER: Two. 11 MR. MOTLEY: Two. 12 MR. LONGNECKER: Both jury rooms. Jury Rooms 13 1 and 2. 14 MR. MOTLEY: And Glenn said, you know, there 15 might be a way to raise that up with some sort of a smooth 16 transition. And, of course, it would have to be a large 17 enough platform for somebody to get up there in a wheelchair 18 to be able to turn around and get off safely. It doesn't -- 19 you know, I hear what Commissioner Letz is saying about the 20 government getting into our business, so to speak, but -- I 21 don't know. I guess we do come under the -- we are covered 22 by the Americans with Disabilities Act. 23 COMMISSIONER GRIFFIN: That's right. If I 24 may just interject here, A.D.A. is a -- is a strong -- 25 MR. LONGNECKER: Would you explain to him the 6-24-02 71 1 difference between T.A.S. and A.D.A.? 2 MR. BEASLEY: Yeah. Technically, what we're 3 dealing with is Texas Accessibility, Article 9102 of the 4 Texas Civil Statutes. It really doesn't -- it really isn't 5 A.D.A. A.D.A. is the federal guidelines. 6 COMMISSIONER GRIFFIN: Okay I use "A.D.A." in 7 a generic sense. 8 COMMISSIONER LETZ: Right. 9 COMMISSIONER GRIFFIN: There is a very strong 10 lobby. It is probably something we're going to have to 11 comply with, whether we want to or not. I would highly 12 recommend that we have Glenn make an estimate of what it 13 would cost to -- for fixes for various alternatives. 14 That's -- let's bring that back. Whether we got 90 days 15 from May the 8th, or -- and we can get more time if we need 16 it. Let's bring that back, look at it. If it's something 17 that we can handle, fine. If it's too big a cost, we can 18 ask for enough time to roll it over into the next year as a 19 budget item, even if we have to do that, and let's move on, 20 because I don't think we're going to get out of the 21 compliance business, whether we want to or not. And I don't 22 like it any better than anybody else does, but that's life 23 and that's the way it is. 24 COMMISSIONER BALDWIN: I think Larry is 25 exactly right. I don't think you're going to be able to 6-24-02 72 1 bend federal government on the issue at all. However, the 2 taxpayers of this county paid an architect good money to 3 draw -- to do it right, and that failed to happen. And we 4 have -- the taxpayers of this county hired an overseer to 5 oversee and see that the project's done right, and that has 6 failed also. So, seems like to me that those two gentlemen 7 need to get together and pay for this thing. 8 COMMISSIONER GRIFFIN: Well, at least we need 9 to -- we need to know what kind of cost we're looking at in 10 the first place, and that we can't do without some time to 11 evaluate and then sit back and take a look. Then we can 12 consider asking for a variance. If we think the cost is 13 unreasonable, then we can always go that route if we want 14 to. But I don't think we can decide today what we want to 15 do, 'cause we don't know how bad the problem is. 16 JUDGE HENNEKE: Glenn, do you think you could 17 have a cost estimate by July the 8th, which is our next 18 meeting? 19 MR. HOLEKAMP: Yes, sir. 20 JUDGE HENNEKE: Why don't I suggest that we 21 table this and bring it back on July the 8th meeting? Yes, 22 sir? 23 MR. MOORE: Buster said just what I wanted to 24 say. 25 JUDGE HENNEKE: You need to identify 6-24-02 73 1 yourself. 2 MR. MOORE: Oh, sorry. Ed Moore, thank you. 3 Buster said basically what I want to say. Architect should 4 be bonded. The person inspecting that thing should be 5 bonded. If there's a fault that wasn't caught, there's 6 bondings that take care of these things. I recommend that 7 this be looked into by the attorney to see if there's any 8 money to be taken back from these people that made the error 9 in the first place. 10 JUDGE HENNEKE: Well, unfortunately, the 11 architect who did the work on the annex project was not 12 required -- 13 MR. MOORE: Didn't bond? 14 JUDGE HENNEKE: -- to bond and did not have 15 E & O coverage. And the individual we hired to act as the 16 Court's overseer was hired to make sure that the project was 17 built in accordance with the plans and specifications. 18 MR. MOORE: As written? 19 JUDGE HENNEKE: Which were already in effect 20 at the time that he was hired. So -- 21 MR. MOORE: Maybe next time we spend that 22 kind of money, we get a bonded person. 23 JUDGE HENNEKE: Well -- 24 MR. MOORE: Been here before. 25 JUDGE HENNEKE: Been here, done that. Yes, 6-24-02 74 1 sir. 2 MR. MOORE: Thank you. Yes, sir. 3 JUDGE HENNEKE: Well, unless there's any 4 objection from the Court, we'll table this one and bring it 5 back July the 8th. Okay. Thank you, Mr. Beasley. We 6 appreciate your report and your coming today. And, just for 7 the record, the reason that we put this on the agenda was so 8 that the citizens of Kerr County, Commissioner Baldwin, 9 would know what -- what their -- the dollars that they 10 contribute to the State of Texas go to. Item Number 16 is 11 to consider and discuss hiring outside counsel to collect 12 outstanding judgments nisi. Before we start, Mr. Motley, do 13 you have anything to offer on this? 14 MR. MOTLEY: Well, I didn't put it on the 15 agenda, so I'm -- I guess I'm here to listen. I do have 16 some -- some authority on that matter. 17 JUDGE HENNEKE: Well, when we talked last 18 time, I asked you for any authority you have, so if you have 19 it, let's hear it. 20 MR. MOTLEY: Well, I have 22 cases here 21 dating back from 1857 that says the settled law is that bond 22 forfeiture cases are criminal in nature. And, as such, even 23 though they will -- even though after the judgment nisi is 24 taken, the statute says the Rules of Civil Procedure apply, 25 that does not change the character of the case to criminal 6-24-02 75 1 (sic). It just -- it just prescribed the manner of trial. 2 So, these are criminal matters, and in this particular area, 3 I'm the representative of the State. The judgment nisis and 4 judgments following -- related to bonds are strictly my duty 5 and up to me to handle. 6 JUDGE HENNEKE: So, it's your position that 7 the collection of these judgments, which, according to the 8 memo from Ms. Pieper, was $160,226.78, that are judgments 9 that have been taken which are outstanding and which are 10 secured by collateral posted to Kerr County, is exclusively 11 your responsibility? 12 MR. MOTLEY: I would say that the matter of 13 bail bonds, judgment nisis, fall in my area of 14 responsibility. And I will also say, I think those figures 15 are incorrect. I think that the assertion that they're all 16 judgments and all secured by property is also perhaps 17 incorrect. Those cases really should be reviewed on a 18 case-by-case basis. I know -- I think I've expressed to you 19 before that before our office began taking action on bail 20 bonds, there was, to my knowledge, never a bail bond 21 forfeited in this county, and we initiated that some years 22 back. We lost some staff and had to kind of back off on it. 23 We began again, and it is a very labor-intensive thing. It 24 requires more staff, really, than we probably have to devote 25 to it, but we are trying the best we can. Some of these 6-24-02 76 1 cases are such -- for example, one of them that's on the 2 list, a young man is supposed to be in court for theft and 3 for fleeing a police officer, and he's in San Antonio 4 receiving dialysis three or four times a week awaiting a 5 kidney transplant. So, we know where he is, and we're not 6 going to -- we're not going to go after his bond. I mean, 7 that's just not -- that's just not something I'm going to do 8 for a guy who's over there awaiting a kidney transplant. 9 So, these cases need to be gone through -- a huge number of 10 the cases are traffic ticket appeals. They're not, you 11 know, DWI's or something like that. So the $162,000, I 12 think, is an inaccurate amount. And -- 13 JUDGE HENNEKE: I'm confused about your 14 statement about traffic appeals. Do you mean they've been 15 appealed from Judge Brown's court to somewhere else? Or -- 16 I mean, the fact of the matter is, these are people -- just 17 so everybody understands, these are people who were 18 arrested, and they posted a bond in which the bail bond 19 company put up some money saying they will appear for their 20 hearing, and they failed to appear. And there's a judgment 21 against the bail bond for the amount of the bail bond. Bail 22 bonding companies post collateral in order to write bail 23 bonds -- 24 MR. MOTLEY: And I -- 25 JUDGE HENNEKE: -- in the county, so these 6-24-02 77 1 judgments are secured by real property, certificates of 2 deposit, other collateral which is acceptable under the 3 statutes. So, regardless of the amount, there's somewhere 4 in the magnitude of $160,000 in judgments secured by 5 collateral that have been -- that are over a year old. And 6 there may be some explanations for some of them. 7 MR. MOTLEY: Let me explain again to the 8 court. I don't feel I owe the Court an explanation on this. 9 This is my -- 10 JUDGE HENNEKE: I didn't ask for an 11 explanation. 12 MR. MOTLEY: I understand, and I don't know 13 why we continue to discuss it, because this is not a matter 14 to be discussed in the Commissioners Court. I'm happy to 15 discuss it, but we have pursued these cases as best we are 16 able. As I said, there was no bond collected before we 17 started. And 162,000 is not an accurate figure. And it's 18 just simply going to have to take some time to go through 19 each and every one of these cases to decide what course of 20 action should be taken. I think there's some cases in which 21 a judgment nisi was improvidently taken. So I think, 22 maybe -- 23 JUDGE HENNEKE: So, your -- your office 24 improvidently took some judgments against these bail bonds? 25 MR. MOTLEY: You know, you can just say any 6-24-02 78 1 little thing you want to say there, Judge. I mean, I know 2 this is -- I feel this is really, you know, out of order to 3 be sitting here. You're basically questioning the way that 4 I'm choosing to handle these cases. 5 JUDGE HENNEKE: If it's exclusively your 6 responsibility, then you're right, the Court has -- has no 7 jurisdiction. This matter was brought to me by Judge Brown, 8 who was concerned over the fact -- 9 MR. MOTLEY: And we've explained this to 10 Judge Brown. 11 JUDGE HENNEKE: -- well, that there were no 12 actions being taken on these outstanding judgments. I got 13 the numbers from the County Clerk, asked you for what plans 14 you had for collecting these, and basically your response 15 was, "I don't think you have any ability to interfere in 16 this." And I asked -- 17 MR. MOTLEY: I don't believe that's what I 18 ever said. 19 JUDGE HENNEKE: I asked you for some 20 authority as to whether it was a civil or a criminal 21 responsibility. 22 MR. MOTLEY: And I spent really -- 23 JUDGE HENNEKE: If it's a civil 24 responsibility, then the Court has oversight. If it's a 25 criminal responsibility, then you're correct, the Court has 6-24-02 79 1 no oversight. 2 MR. MOTLEY: I spent several hours, really 3 precious time and resources, in researching this and pulling 4 out these 23 cases, so I spent several hours looking up 5 something that I've already said that was really our 6 business to begin with. I don't think I ever told anybody 7 in any rude way that it was none of their business. I 8 believe I told you I'd be happy to discuss it. I -- 9 JUDGE HENNEKE: You never told me in a rude 10 way. When we last talked, which was about two weeks ago, 11 you said that you weren't certain whether it was a civil 12 matter to collect the judgments or a criminal matter. And 13 therein lies the distinction. 14 MR. MOTLEY: What I said -- 15 JUDGE HENNEKE: You've been offered the -- 16 the opportunity by this Court to do the Court's civil work. 17 MR. MOTLEY: Right. What I believe I said 18 was that -- 19 JUDGE HENNEKE: You have a constitutional 20 duty to do the criminal work, and the Court does not have 21 any -- anything to say over how do you the criminal work. 22 And I asked you at that time if you had some authority for 23 whether it was criminal or civil, to give it to me. And if 24 you -- if it was criminal, then I wouldn't put it on the 25 agenda. Well, I never heard from you, so I put on it the 6-24-02 80 1 agenda. 2 MR. MOTLEY: I think it was about -- you 3 know, really, to be honest with you, it takes time to get 4 the authority together, to read it and to disseminate it, 5 and that's not just something that just automatically falls 6 out of the computer or something like that. So, it takes 7 time to do this. We have been otherwise occupied with other 8 matters in the office, and to have to stop and do this to 9 prove to the Court something -- what I believe I told the 10 Court was I believe it would be a civil matter. And you 11 said, well, is it a civil matter after the judgment nisi? 12 And I said I believe that's what the cases hold. And so you 13 wanted some authority. And I probably didn't get you the 14 authority as quickly as you would have liked it, but I do 15 have it here in my lap if you would like me to quote from -- 16 as I say, it goes back -- actually, I have a case here from 17 the Supreme Court of the Republic of Texas in 1843. These 18 cases -- this is very well settled law. And I -- I question 19 why the Court could not -- if you picked up any single book 20 relating to bail bonds, you would have seen the same matters 21 I'm running into. This is black letter law; it's been 22 settled for 130 years in this state. 23 JUDGE HENNEKE: That's not my job. And it -- 24 it was not presented to me as if it was exclusively your 25 jurisdiction, which is why I asked you about it. The issue 6-24-02 81 1 is, the Auditor has identified for this Court that we may 2 have some $200,000 shortfall in revenue based on the 3 inability of the jail to house out-of-county prisoners. 4 Now, the County Clerk brought to my attention, as a result 5 of the initiative by Judge Brown, that there's $160,000 in 6 judgments sitting out there that are secured by collateral, 7 and I thought it was my responsibility to try to find out a 8 way to collect the $160,000. 9 COMMISSIONER LETZ: It's -- the County 10 Attorney's saying this is his deal only. 11 JUDGE HENNEKE: That's right. 12 COMMISSIONER LETZ: Move on. 13 JUDGE HENNEKE: Okay. 14 COMMISSIONER GRIFFIN: Yeah. 15 JUDGE HENNEKE: Next item is Item Number 17, 16 consider and discuss recent amendments to Road-Naming and 17 Addressing Guidelines, appointment of Addressing Coordinator 18 for Kerr County, and finalize some procedures for address 19 notifications. Commissioner Baldwin. 20 COMMISSIONER BALDWIN: Yes. I'm just going 21 to immediately turn it over to the 911 crowd that are all 22 here. Where's T. Sandlin? 23 MR. BALLARD: He'll be here in a second. He 24 just stepped out. 25 COMMISSIONER LETZ: He left. 6-24-02 82 1 COMMISSIONER BALDWIN: I don't know if I 2 agree with y'all on this conversation that just happened 3 here. I look at it as -- as funds that the County's due, 4 and I don't care whose authority is where. Let's get the 5 dang money here. 6 JUDGE HENNEKE: Well, that -- that was my 7 position. If it was a civil matter -- if collection of the 8 money -- there's no quibble that taking the judgment is a 9 criminal matter. There's absolutely no question about that. 10 If collecting the judgment once it's taken is a civil 11 matter, then we have, at Mr. Motley's request, extended him 12 the civil work of the County, and we have before had to hire 13 outside attorneys when his office was unable to do the civil 14 work. So, my point was, if it's a civil matter, then we 15 have the ability to hire an outside attorney to collect the 16 money. He tells me, and I'm going to trust his judgment, 17 that we have no -- it's not a civil matter. Collection of 18 the money is a criminal matter, and it's exclusively his 19 job. 20 MR. MOTLEY: I have -- 21 JUDGE HENNEKE: Once that happens, then -- 22 MR. MOTLEY: I have an A.G. opinion here on 23 this issue, if you'd like to have reference to that. 24 COMMISSIONER BALDWIN: So, Mr. Sandlin is 25 back. 6-24-02 83 1 JUDGE HENNEKE: T.? 2 MR. SANDLIN: Yes, sir. 3 JUDGE HENNEKE: You're up, bud. 4 MR. SANDLIN: Good morning, still. I think 5 Mr. Baldwin had this put on the agenda? 6 JUDGE HENNEKE: Yes. 7 COMMISSIONER BALDWIN: I did, and I just 8 introduced you. Go. 9 MR. SANDLIN: Go, okay. Did you get the 10 packet out to them that -- 11 COMMISSIONER BALDWIN: Yes. 12 MR. SANDLIN: Okay. Brought before you 13 are -- Mr. Baldwin did some recent changes to the 14 Road-Naming and Addressing Guidelines. One of the important 15 ones is definition of the address coordinator, and the Board 16 changed that to be an employee or official. We kind of 17 clarified that that was probably not a good definition that 18 we started with. That that be an employee or official of a 19 county or municipality; in other words, the people who could 20 do the addressing. Number 605, we inserted "address 21 coordinator shall approve..." 608 was changed to handle 22 pre-addressed areas, and specifically the form that we would 23 like -- or that we suggest to use for address assignments by 24 cities or County personnel. I'm sorry. 25 COMMISSIONER LETZ: Question. Question I 6-24-02 84 1 have is -- 2 MR. SANDLIN: I was looking down, sorry. 3 COMMISSIONER LETZ: Question I have is, 4 how -- and I -- I didn't realize this until I went through 5 the -- y'all changed the definitions -- or changed a 6 definition. 7 MR. SANDLIN: Mm-hmm. 8 COMMISSIONER LETZ: The Court -- I read our 9 rules. The Court adopts the guidelines. 10 MR. SANDLIN: Yes, sir. 11 COMMISSIONER LETZ: But you all have 12 authority to change the guidelines. I don't see -- I mean, 13 to me, it doesn't make any sense -- why do we adopt it? Why 14 do we do anything with them? I mean, you -- currently, 911 15 is using guidelines that this Court hasn't adopted, but you 16 ask us to adopt old guidelines. And -- and I wasn't aware 17 of this earlier, but it makes no sense to me. Either we 18 approve the guidelines or y'all do the guidelines, but it 19 doesn't make sense for us to approve guidelines that y'all 20 aren't using. 21 MR. SANDLIN: Well, up to this point, we've 22 been using these guidelines. 23 COMMISSIONER LETZ: I know, but -- anyway, I 24 just -- 25 COMMISSIONER GRIFFIN: The question, I think, 6-24-02 85 1 maybe is -- is in the process today asking for the Court's 2 blessing on these changes to the guidelines. 3 MR. SANDLIN: Yes. 4 COMMISSIONER GRIFFIN: If that's the case, 5 then I think the question is answered. If it's not, then I 6 have the same one. 7 COMMISSIONER LETZ: Okay. 8 COMMISSIONER GRIFFIN: So this would be to -- 9 COMMISSIONER LETZ: Amend our guidelines -- 10 or amend the guidelines. 11 MR. SANDLIN: Yes. 12 COMMISSIONER LETZ: Okay. I was just 13 confused. 14 MR. SANDLIN: I probably used some bad 15 verbiage there. I'm sorry. 16 COMMISSIONER LETZ: All right. 17 MR. SANDLIN: And, like I say, basically it 18 was just to change up, insert a couple of words, approved 19 for the address coordinator, and we added a section in 20 there, 609, so that it was clear. This probably should have 21 been in the first sections -- I mean, should have been in 22 there, and we just didn't get it in there, and that's 609. 23 That discusses what we call pre-addressing. Like, some new 24 subdivision plat comes out, they bring it to us, we address 25 it. We don't have to go through a bunch of rigmarole to get 6-24-02 86 1 that done. But those are the amendments I will present to 2 y'all for approval. And, Mr. Baldwin, we did just Number 2? 3 COMMISSIONER BALDWIN: That's what we had -- 4 that's what we had talked about, but go over both of them. 5 These other guys weren't in our meeting. 6 MR. SANDLIN: Basically, in your packets, you 7 have a -- one of my little charts that shows a process flow. 8 COMMISSIONER GRIFFIN: Question. These are 9 part of the guideline changes? 10 MR. SANDLIN: No. This is -- no. That -- 11 COMMISSIONER GRIFFIN: I think we -- if we 12 may, -- 13 MR. SANDLIN: Yes, sir. 14 COMMISSIONER GRIFFIN: -- let's address these 15 changes, and I think we either approve or disapprove them 16 first. 17 JUDGE HENNEKE: What -- what is the substance 18 of the change? We've now redefined the address coordinator. 19 How is that different than the old guidelines, and really, 20 truly, what does it mean? 21 COMMISSIONER LETZ: Yeah. I think -- I mean, 22 I know the answer to a lot of that, 'cause I was at the 23 meeting when this was unveiled with Commissioner Baldwin, 24 but I think the address coordinator is very important, 25 because 911 is about to ask, I think, and I agree, that the 6-24-02 87 1 Court or someone else is going to take over a lot of the 2 work that they were doing originally, or we're kind of 3 redefining -- reshuffling it, and the definition of address 4 coordinator becomes real important in that. And I don't 5 agree with the definition that you all have adopted. It 6 doesn't -- I don't understand how that can happen. Before 7 we go to the sheet -- and the reason is that the -- where 8 we're going, I think, today is that the County is going to 9 take over, basically, as I understand it, all of -- or 10 basically distributing the information to notify the public, 11 whether it's through the Post Office or however it's done, 12 notifying the public that a 911 address has been established 13 for a piece of property. And now we're taking over that 14 chunk of the puzzle. And the -- my recommendation was that 15 the court coordinator, Thea Sovil, take that responsibility. 16 But the problem I have, when I read the definition, is that 17 "an employee or official of the county or municipality 18 authorized and delegated to approve, assign, and to reassign 19 addresses," that wasn't part of the discussion. That 20 address assignment needs to stay at 911. I think we need to 21 have -- I think we need -- 22 MR. SANDLIN: Well, nothing changed on here. 23 This was exactly as we discussed it in that meeting that 24 day. 25 COMMISSIONER LETZ: Right. 6-24-02 88 1 MR. SANDLIN: But if you'll go on down, it 2 talks about pre-addressing, and basically what -- in that 3 new section, 609, it says that we'll continue doing what 4 we're doing, and then let's say we are working the Willy 5 Wonka Subdivision. When we finish out as much as of that as 6 we can and we feel complete with it, with all the various 7 mapping we have to do, then we'll bring that to the 8 coordinator, whomever y'all designate. 9 COMMISSIONER LETZ: Right. 10 MR. SANDLIN: For delivery of the 11 notifications. 12 MR. BALLARD: Maybe I can help -- I'm sorry. 13 Go ahead, T. Go ahead. 14 MR. SANDLIN: Go ahead. 15 MR. BALLARD: The intent, I believe, on the 16 first statement is to describe the actual authority to make 17 it happen, the notification. You guys are the official 18 authority. The technical support you receive from 911 will 19 stay the same. 20 COMMISSIONER LETZ: Well -- 21 MR. SANDLIN: And at some point in time, once 22 we get through the initial thrust and get all this done, at 23 some point someone will come in, and what I'm looking 24 forward to is having all of our little map address books or 25 having it in electronic format or something like that, and 6-24-02 89 1 someone moves into Falling Water Subdivision, Lot 203, and 2 they call down here and say, "What's my address?" It's 3 already down there. "You're blah-de-blah number and 4 street," and it's already an updated deal in that part. 5 COMMISSIONER LETZ: How do we do that? How 6 do we -- see, that's where I'm missing the point, as to how 7 we're going to be able to assign an address. I don't know 8 how we're -- that information and data is at 911. I don't 9 see where we're going to ever get that information. 10 MR. SANDLIN: Well, we're just trying to 11 clarify part of it on legality. The authority to assign the 12 addresses and road names -- excuse me, to name roads is 13 vested in y'all in the Transportation Code. 14 COMMISSIONER LETZ: Right. 15 MR. SANDLIN: So, what we're saying is we'll 16 do the background work, like we're doing, but the person who 17 officially assigns the numbers needs to be somebody with -- 18 under y'all's jurisdiction. 19 COMMISSIONER LETZ: So, you're saying -- what 20 you're -- so your new definition, when you say "assign," 21 you're meaning mail the piece of paper that tells the people 22 officially? 23 MR. SANDLIN: And eventually, farther down 24 the road, when all these are done as best they can, we'll 25 have, you know, a subdivision book that you can look at, and 6-24-02 90 1 if someone just bought Lot 13 in the Letz Subdivision, 2 instead of having to go through this GBA, all that stuff, it 3 ought to be done. The county coordinator can look and say, 4 "Lot 13 has been assigned the address of so-and-so," and 5 save the people a lot of steps. I realize we're not there 6 yet, but that's eventually where we're going, hopefully very 7 soon. But, basically -- and then again, the -- 8 COMMISSIONER GRIFFIN: So, let me -- 9 MR. SANDLIN: Yes, sir. 10 COMMISSIONER GRIFFIN: Let me clarify. So, 11 as I understand this, the address coordinator for the county 12 is not someone who digs in and determines this address. 13 That has been done. But this person is a -- this person is 14 taking the official step of notifying the person. 15 COMMISSIONER WILLIAMS: That's what's 16 confusing about that definition. 17 COMMISSIONER LETZ: Yeah. I'd rather have 18 it -- 19 COMMISSIONER GRIFFIN: I don't think there's 20 any other way to say it, because we are responsible -- the 21 County is responsible, and I don't know of a better way to 22 say it. 23 JUDGE HENNEKE: The County is responsible, 24 but the coordinator is not responsible. 25 COMMISSIONER GRIFFIN: Right. 6-24-02 91 1 JUDGE HENNEKE: And maybe the definition of 2 the coordinator should be the individual who notifies 3 property owner of assigned numbers for all properties and 4 buildings. 5 COMMISSIONER GRIFFIN: On behalf of Kerr 6 County. 7 JUDGE HENNEKE: After they've been approved 8 by the Commissioners Court. 9 MR. SANDLIN: Can I look at the book there? 10 That may clarify -- 11 COMMISSIONER GRIFFIN: I agree with Fred's 12 statement that, really, what this address coordinator does 13 is notifies on behalf of Kerr County. 14 COMMISSIONER BALDWIN: Yeah. 15 COMMISSIONER GRIFFIN: And that's all that 16 person is doing. Now, how that person gets the information 17 is a separate issue entirely, and that's essentially no 18 change from the way it's being done right now. But this 19 person notifies on behalf of Kerr County. Can we change -- 20 would it be a problem in changing that wording to do that? 21 To say it just that way, words to that effect? I think we 22 can move on with the debate. 23 MR. BALLARD: We all believe in the -- 24 believe and understand the intent. 25 COMMISSIONER LETZ: Right. 6-24-02 92 1 MR. BALLARD: Let's put some words together 2 that makes everybody happy. 3 JUDGE HENNEKE: I think we all -- I think we 4 all accept the fact that you all are the technical support, 5 and the Court has the legal obligation to approve road names 6 and to assign numbers. The problem that I'm having is, if 7 you -- if you define the address coordinator as the person 8 who assigns -- approves or assigns numbers, then that can 9 only be the Commissioners Court. 10 MR. BALLARD: And -- 11 JUDGE HENNEKE: If we're talking about the 12 address coordinator as the individual who notifies people of 13 a change or a designation once all the legal stuff has been 14 done, then that's a different situation. 15 MR. BALLARD: From a lawyer-ese point of 16 view, how would you like us to word that? 17 MR. LEWIS: I suggest you take your "approve" 18 where it's at, remove it there and say "delegated to assign 19 and reassign approved addresses." 20 COMMISSIONER LETZ: Say that again, Charles, 21 please, slowly? 22 MR. LEWIS: Right. Reading the statement as 23 written, you have "delegated to approve..." Strike 24 "approve." 25 COMMISSIONER LETZ: Okay. 6-24-02 93 1 MR. LEWIS: Reinsert it after "assigned," 2 making it "approved." And, therefore, it would read, 3 "delegated to assign and reassign approved addresses." 4 JUDGE HENNEKE: See, I still have a problem 5 with "assigned." See, that person doesn't have the 6 authority to assign. Only these five people do. 7 COMMISSIONER WILLIAMS: Notify people of -- 8 of the address. 9 JUDGE HENNEKE: Of an approved -- 10 MR. BALLARD: Approved by the County 11 Commissioners. Now, does that imply that perhaps any time 12 these packages of 100, 200, 3,000 come to you, you guys want 13 to pass it through Commissioners Court? Or do you want to 14 delegate to your authority based on the understanding 15 that -- of the definition? 16 COMMISSIONER LETZ: We want to delegate. 17 MR. BALLARD: We'll do it your way. We're 18 intending to say that this person is delegated by the 19 Court -- the County Court. 20 JUDGE HENNEKE: See, I don't think the Court 21 can delegate the approval process. 22 MR. LEWIS: If they want -- 23 JUDGE HENNEKE: So it's going to have to come 24 before us. It will come before us hopefully as we do road 25 names. You know, "We hereby approve the following 6-24-02 94 1 addresses." 2 COMMISSIONER LETZ: How about -- 3 JUDGE HENNEKE: Several thousand of them. 4 And then it goes to someone whose responsibility it is to 5 notify them. 6 MR. BALLARD: If that's the process you feel 7 comfortable with, we have no problems with that. 8 COMMISSIONER LETZ: Sorry, I was thinking 9 rather than listening, so I'm not sure what the Judge said. 10 JUDGE HENNEKE: Well, to recap, I said the 11 Court has got to approve the addresses, in my opinion. 12 COMMISSIONER LETZ: Right. 13 JUDGE HENNEKE: And assign them. We can't 14 delegate the approval and assignment. 15 COMMISSIONER WILLIAMS: It's easily changed. 16 You know, "...authorized and delegated to notify persons of 17 an approved, assigned, or reassigned address." 18 MR. BALLARD: How about County-approved? 19 MR. LEWIS: County-approved. 20 COMMISSIONER LETZ: I like -- well, how about 21 if we use -- I like Charles' -- instead of saying approved, 22 say pre-approved. 23 MR. LEWIS: Pre-approved, County-assigned -- 24 or County-approved. 25 COMMISSIONER LETZ: Yeah. So, say, "An 6-24-02 95 1 employee or official of the county or municipality 2 authorized and delegated to assign and reassign pre-approved 3 addresses." And pre-approved is -- 4 MR. LEWIS: Or County-approved, either way. 5 COMMISSIONER LETZ: Pre-approved is the -- 6 pre-address -- you know, or pre-addressed, I guess. Really 7 not pre-approved. Pre-addressed, because pre-addressed is 8 defined later on in 609. 911's doing the pre-addressing. 9 COMMISSIONER WILLIAMS: But the 10 responsibility is to notify the public. 11 COMMISSIONER LETZ: Right. 12 COMMISSIONER WILLIAMS: Not to do the work. 13 COMMISSIONER LETZ: Right. 14 JUDGE HENNEKE: I think that works. 15 COMMISSIONER GRIFFIN: Yeah. 16 JUDGE HENNEKE: Give it to them again, 17 Jonathan. 18 COMMISSIONER LETZ: "An employee or official 19 of the county or municipality authorized or delegated to 20 assign and reassign pre-addressed addresses for and by the 21 county or municipality." 22 MR. BALLARD: Pre-approved. 23 JUDGE HENNEKE: Well, it was pre-addressed. 24 MR. SANDLIN: Pre-addressed. 25 COMMISSIONER LETZ: Pre-addressed is in here. 6-24-02 96 1 MR. LEWIS: Fine. 2 COMMISSIONER LETZ: And pre-addressed is done 3 by 911, based on the new 609. 4 COMMISSIONER GRIFFIN: Mm-hmm. 5 JUDGE HENNEKE: What's the last part of that 6 mean, to "administer appropriate sections of these 7 guidelines"? What's the intent of that? 8 MR. SANDLIN: Where is it, 802 in the 9 guidelines there? 10 COMMISSIONER LETZ: Yes. 11 MR. SANDLIN: I flipped over that final -- 12 COMMISSIONER LETZ: Right. 13 MR. SANDLIN: There's nothing changed there. 14 That's what's already been adopted, defining what the 15 address coordinator does. 16 COMMISSIONER LETZ: But we're going to have 17 to change 802, though, because 802 is even more specific 18 where it says -- 19 COMMISSIONER GRIFFIN: Approved. 20 COMMISSIONER LETZ: It says the address 21 coordinator shall assign numbers for all properties and 22 buildings. We're going to have to modify 802, or y'all are 23 going to have to modify 802 to come in line with the new 24 address coordinator definition and the new 609. 25 COMMISSIONER BALDWIN: 605. 6-24-02 97 1 MR. SANDLIN: I think what we were trying to 2 do was clarify that the -- the final -- the final authority 3 on this -- or the authority on this was the County, as far 4 as notifications. Who's it, instead of -- because at one 5 time, the Court had adopted that we would be the address 6 coordinator for Kerr County, and under the old definition, 7 which didn't change here much, what we did, we left a couple 8 of words out so that it was specifically an employee or 9 official of the county or municipality, was basically all we 10 changed there, and inserted the "approved" -- it just said 11 "assign and reassign" instead of the "approved." So that we 12 know and the County -- and the public knows who's going to 13 be sending them their addresses. If you have a question 14 about an address, who's that person at the County you 15 contact? When we finish this stack of 10, 20, or however 16 many, who is the person that I bring this to, in whatever 17 format I and the coordinator determine they need so they can 18 do these mailouts? Who is that person I give this to? 19 Rather than have to come -- and I'm not trying to 20 circumvent. I figure -- didn't figure you want me to walk 21 in here with stacks of papers. 22 COMMISSIONER GRIFFIN: I think everybody is 23 on the same page on this, except that we need to make the 24 verbiage agree with what we've all said is what we want to 25 do. 6-24-02 98 1 COMMISSIONER BALDWIN: Yeah. 2 MR. SANDLIN: And, like I said, we're trying 3 to take care of some future stuff, too, because, like I say, 4 I can visualize, you know, several more months down the road 5 where our role in the addressing will be greatly diminished, 6 once we get through the rest of the county, and then you 7 will need someone here who can help these people. 8 COMMISSIONER GRIFFIN: Sure. 9 MR. SANDLIN: If they need an address or 10 something. 11 COMMISSIONER LETZ: T., I think what we need 12 to do is look at 802, where we are -- under miscellaneous 13 provisions, where you have a number of specific -- we need 14 to change that, 'cause address -- and maybe change that A to 15 the Commissioners Court or designee shall do these things, 16 because the address coordinator clearly is not going to do 17 these things. 18 MR. SANDLIN: Well, you said the 19 Commissioners Court or their designee. Why can't the 20 designee be the address coordinator? 21 JUDGE HENNEKE: It can. 22 COMMISSIONER LETZ: Well, on some of them, 23 but we're not going to assign -- we go back to assigning the 24 numbers. I think we need -- I have no problem -- I think we 25 need to clearly state who's going to do each of these 6-24-02 99 1 things. But it's the assignment of the numbers, the thing 2 that's a problem, because we just don't have the expertise 3 for that. 4 MR. BALLARD: The final approval of assigned 5 numbers. 6 COMMISSIONER LETZ: Right, okay. 7 MR. SANDLIN: Is that going on -- and what 8 I'm looking for, is the Court going to have a designee, 9 whomever that person is, that we deliver these address 10 packages to? I just thought it would be more streamlined 11 than having to -- 12 COMMISSIONER LETZ: Yeah, it is. 13 MR. SANDLIN: -- tie up y'all's time in court 14 on -- because we already have a system; it's very well 15 explained in the guidelines how we assess, how we assign and 16 everything else. I don't think anybody has a problem with 17 that. Well, there may be somebody. 18 COMMISSIONER GRIFFIN: Judge, do you have 19 some words for us? 20 JUDGE HENNEKE: Well, I just -- I just made a 21 few changes on what was handed out to try to conform 22 everything. 605, what I've written is, "the address 23 coordinator shall assign or reassign pre-addressed street 24 addresses," which matches address coordinator. Under 802, I 25 have "assign pre-addressed numbers." Delete the "approve 6-24-02 100 1 or". And that makes -- I think that makes everything on 2 that page consistent with what we're talking about. 3 COMMISSIONER GRIFFIN: So 802, you say, just 4 says "assign" -- 5 JUDGE HENNEKE: Pre-addressed. 6 COMMISSIONER GRIFFIN: Pre-approved? 7 JUDGE HENNEKE: Pre-addressed. 8 COMMISSIONER GRIFFIN: "pre-addressed" -- 9 JUDGE HENNEKE: Right. 10 COMMISSIONER GRIFFIN: -- "numbers for all 11 properties and buildings." 609 stays the same. 12 COMMISSIONER BALDWIN: I think there's a 13 question from the address coordinator -- the future address 14 coordinator. 15 JUDGE HENNEKE: We haven't determined that 16 yet. 17 MR. SANDLIN: Okay. So, 802, you'd like 18 assign -- excuse me, "approve or assign"? 19 JUDGE HENNEKE: No, not "approve." 20 MR. SANDLIN: Okay. 21 JUDGE HENNEKE: "Assign pre-addressed numbers 22 for all properties and buildings." 23 MR. SANDLIN: Okay. So strike the "approve 24 or"? 25 JUDGE HENNEKE: Correct. 6-24-02 101 1 MR. SANDLIN: Okay. And what -- there was a 2 change on -- did you say on 605, sir? 3 JUDGE HENNEKE: Yes. Delete the "approve," 4 so it would read, "The address coordinator shall assign or 5 reassign" -- delete "any" and insert "pre-addressed" -- 6 "street addresses or street address elements in accordance 7 with these guidelines." 8 COMMISSIONER GRIFFIN: I think that does it. 9 I mean, that makes it -- 10 JUDGE HENNEKE: I think that does it on this 11 page. Now, I'm not looking at what Commissioner Letz is 12 looking at out of the previously approved guidelines, so 13 there may be some wordsmithing that needs done on that. 14 COMMISSIONER LETZ: And on 802, T. -- I know 15 you don't have your copy of it here. Probably easier if you 16 go through it. I don't understand what some of those things 17 are. And I figure if I don't understand what they are, I 18 don't want to tell someone what to do. 19 MR. SANDLIN: This was because we were the 20 address coordinator. It was defining -- 21 COMMISSIONER LETZ: Right. 22 MR. SANDLIN: -- what we do. Remember, there 23 was some questions came up back in this where we defined the 24 system. And it says that we'll assign numbers for all 25 properties and buildings. 6-24-02 102 1 COMMISSIONER LETZ: Right. 2 MR. SANDLIN: And -- 3 COMMISSIONER LETZ: Okay. So, that's -- 4 anyway, is that -- can you quickly, you know, change it when 5 you come back and take that -- 6 MR. SANDLIN: We could even strike this and 7 let that be contained in the pre-addressing, 609. Now, if 8 y'all have something specific y'all want the coordinator -- 9 COMMISSIONER LETZ: We can delete that whole 10 section. 11 JUDGE HENNEKE: 802? 12 COMMISSIONER LETZ: 802. 13 JUDGE HENNEKE: I thought this was -- this 14 handout replaced 802. 15 COMMISSIONER GRIFFIN: Well, it would have 16 to. T., we would have to replace all of that with this 17 statement. 18 MR. SANDLIN: Only thing I was shown is that 19 A changed, and all we did on A was put the approval in there 20 so that the coordinator would have the ability to approve 21 what we brought to them. 22 COMMISSIONER LETZ: But it's all the rest of 23 the stuff that I'm confused on. 24 MR. SANDLIN: B through G would stay the 25 same. 6-24-02 103 1 COMMISSIONER GRIFFIN: Not by the address 2 coordinator. Not by someone here. 3 MR. SANDLIN: Why not? 4 MR. LEWIS: It's a job description. 5 COMMISSIONER LETZ: I don't understand what 6 some of them even mean, 'cause that's part of my question. 7 Somebody explain what they are. 8 COMMISSIONER GRIFFIN: A change exists -- for 9 example, C, you're not going to change existing addresses 10 when necessary for conformance with these guidelines. We're 11 still going to rely on the technical side to do that. 12 MR. SANDLIN: Okay. 13 COMMISSIONER GRIFFIN: This person would 14 notify. So I think, actually, B through -- A would be 15 replaced with this, but that's all that's going to say. 16 MR. SANDLIN: Well, that -- you know, let's 17 say that, further down the road, someone comes in here and 18 needs an address, and the address coordinator is -- are you 19 going to say, "Go talk to 911 and then come back"? 20 COMMISSIONER GRIFFIN: If it's a technical 21 issue, yes, because it has to be in conformance, and then 22 when you get that back to the coordinator, the coordinator's 23 going to notify that person. 24 MR. SANDLIN: Okay. 25 COMMISSIONER GRIFFIN: So it's just -- 6-24-02 104 1 MR. SANDLIN: We're reading out of Section 2 802 of the current guidelines. Just -- 3 COMMISSIONER GRIFFIN: And it requires some 4 work. This requires some work. And comply with the intent 5 of what's on this page. 6 MR. SANDLIN: Okay. 7 COMMISSIONER LETZ: I think -- 8 COMMISSIONER GRIFFIN: And it's okay. We may 9 even -- like I say, we're in agreement here, but the 10 question is, how do we make the words right? 11 MR. SANDLIN: Okay. 12 JUDGE HENNEKE: I'm not sure we're in a 13 position to finalize the changes in the guidelines today. 14 COMMISSIONER GRIFFIN: Could we do this? 15 Could -- just an idea. If this can wait until the next 16 court session -- and I'll be glad to act as the liaison for 17 the Court -- could we take a copy of the existing 18 guidelines, incorporate what we have discussed here as a 19 change, bring that back at the next meeting for approval by 20 the Court as a change to the guidelines? 21 COMMISSIONER WILLIAMS: Old and new? 22 COMMISSIONER GRIFFIN: Yeah. In other words, 23 just a cut-and-paste or an electronic version showing the 24 changes that we've made to -- and I'll work with you on that 25 to -- 'cause I think I understand where we're all coming 6-24-02 105 1 from. And we'll bring that back at the next time with a 2 page insertion recommended that -- you know, just replace 3 this with that in the current guidelines and we'll approve 4 it. 5 MR. BALLARD: A was/is. 6 COMMISSIONER GRIFFIN: Was/is. 7 MR. SANDLIN: A red-line version and the new 8 version. 9 COMMISSIONER GRIFFIN: Right. 10 COMMISSIONER LETZ: I think that's part of 11 the issue. 12 JUDGE HENNEKE: Right, okay. Dave, are you 13 comfortable with that? 14 MR. BALLARD: Yeah, by all means. 15 JUDGE HENNEKE: And, T.? 16 COMMISSIONER GRIFFIN: Chuck? 17 MR. LEWIS: Well, yes, but we still want 18 to -- 19 MR. BALLARD: We still want to make some 20 progress today. 21 JUDGE HENNEKE: Yeah. 22 COMMISSIONER LETZ: Yeah. 23 MR. BALLARD: In terms of getting this thing 24 rolling. 25 COMMISSIONER LETZ: Right, and I think we got 6-24-02 106 1 into the changes before we got into the concept. 2 COMMISSIONER GRIFFIN: The concept, I think 3 we've all tied up to. The question now is to get the words 4 right. 5 COMMISSIONER BALDWIN: Commissioner Griffin, 6 before we do leave that, you are the liaison of this Court 7 by court order. 8 COMMISSIONER GRIFFIN: Yes, I understand. 9 COMMISSIONER BALDWIN: But I don't take that 10 very lightly. I mean, you are the guy. 11 COMMISSIONER GRIFFIN: Okay. And I'll be 12 glad to work with the guys on this, and we'll come back with 13 a was/is kind of relationship thing that's very clear-cut to 14 get the concept. 15 COMMISSIONER LETZ: Right. But I think -- 16 what's the agenda item? Appointment of coordinator. 17 JUDGE HENNEKE: Let's go to the last part. 18 Let's talk about the procedures for address notification. 19 That's where you're headed. 20 COMMISSIONER LETZ: Right. That's what I 21 want to -- what got us all here. 22 MR. SANDLIN: On that thing, the chart, 23 looking at Number 2, this was something we discussed, and -- 24 JUDGE HENNEKE: One is the current and two is 25 the new? Is that where we are? 6-24-02 107 1 MR. SANDLIN: No, sir. One was what we had 2 -- I didn't know y'all had one in the packets. One and two 3 are almost identical, except in one, when we were discussing 4 our meeting the other day, we were talking about trying to 5 say that something along -- if we deliver 200 addresses to 6 whoever the coordinator is, that they would have three 7 business days to get the list out and notify us back. And 8 there's -- I understand the need sometimes for what I call 9 these "trigger" mechanisms, but I took that out in version 10 2, and where it says address package to addressing 11 coordinator, I changed the first item to the coordinator 12 reviews and sends the notifications and coordinates the 13 signage to meet the addressing. I took out that stuff about 14 we get -- if we're delivering 200, they got three days, 15 because there's just -- there's too many variables there. 16 Something may come up that takes precedence that day. And I 17 think we're all big enough that if we know who the players 18 are, we can work together to get these things out. 19 But this is more or less a flow diagram. And 20 one of the things about what is -- what is addressed or 21 pre-addressed, if y'all will look over to the little box on 22 your right, there are six steps -- there is actually five -- 23 that defines what happens. One question was, would we go 24 through, like, Steps 1 through 4 -- this was one thing that 25 was discussed -- and then turn it over to the County and let 6-24-02 108 1 the County worry about matching things up with the Post 2 Office? That's one possibility. But y'all may not have -- 3 be privy to some of the confidential information we can get 4 to match these things up, so that is -- I hate to tackle 5 that horse. I think we need to continue with the rural 6 route matching when we give an address and such. But 7 y'all -- I just want to give y'all a heads-up on that, that 8 sometimes we've got through 1 through 4 on some subdivisions 9 in a short time, but that Step 5 is -- is a time killer. 10 In many of these cases, what we have to do, 11 with the cooperation of the Post Office, is they send out 12 notification, because we can't identify this mailbox -- 13 there's nothing on it to identify it to a property or person 14 other than HC-1, Box 12, so they will send out a notice to 15 them that says if you're receiving this mail, please contact 16 911 so they can do your address matching. Because they -- 17 before they will do -- as we've spoken before, before they 18 will convert a rural route, like Rural Route 1, wherever 19 that is in the county, to the new addresses, they want 90 20 percent saturation of that -- of that particular rural 21 route. So, it is time-consuming, and a lot of it is just -- 22 we have to wait for these people to reply. But we don't 23 mind doing it, and that's all -- we put it in that box so 24 that if someone is -- so that we get a clear definition to 25 the public and to you. If you say, "How many addresses have 6-24-02 109 1 y'all finished?" it's going to fall in the -- in this box 2 over here. 3 If we've done Step 1 through 2 and are 4 working on Number 3, we're not going to tell you we're 5 finished. And the other thing that we will have to -- that 6 will be a procedural matter, let's say we're working the -- 7 the Henneke Subdivision -- I don't believe there's a Henneke 8 Subdivision in Kerr County -- and it's got 100 parcels in 9 it, and we get 98 of those parcels identified and everything 10 else. Two of them are vacant parcels and they have someone 11 who lives out of the country. We're going to go ahead and 12 bring that forward to you for the addressing and let those 13 two vacant lots float to the top whenever someone builds on 14 them or something like that. We don't want to get crippled 15 by stuff like that. But I would bring this before you. 16 Looking on Number 2, which is the one that I 17 would suggest, if that's agreeable with you -- I don't know 18 if this requires a formal adoption, but this is our process 19 flow for the addressing, so that y'all know when we bring a 20 -- when we get with the coordinator and say we're done with 21 T. Sandlin Subdivision, Lots 1 and 2, the coordinator will 22 know where we're working and that we have done Steps 1 23 through 6. We can bring them that stack of papers or 24 deliver it to them in electronic format, whatever. 25 Basically, this was Mr. Letz' chart that we had worked out, 6-24-02 110 1 and I condensed it somewhat. 2 JUDGE HENNEKE: How does the coordination 3 with the Post Office work out? You get everything done 4 through 4, and then you send it to the Post Office? Is that 5 the way it works? 6 MR. SANDLIN: As we're getting our 7 information, if you'll look on -- y'all see this Appendix J, 8 that thing we're going to insert in the guidelines? This is 9 a suggestion for an address assignment request. This is a 10 subset of our interview, that when we call these people, we 11 find out if they or anyone at that property, if they will 12 tell us, receives any rural route mail associated with that 13 property. Then we go through the -- and I call them the 14 galley sheets or the check and edit sheets that are supplied 15 to us by the Post Office by route, and we start a one-on-one 16 comparison on those, filling in what blanks we can. It's 17 very similar to the telephone number matching, but that's 18 something that goes on after Step 4 on that deal with the 19 A.M.S. office in San Antonio. And once we get as far as we 20 can with that, then we're done. 21 COMMISSIONER LETZ: Question I have is more 22 specific. What the Judge said on notifying -- on the Post 23 Office notification, okay? The Post Office is -- or has 24 agreed to and is going to mail out a letter to everyone that 25 receives -- whose address is where they get their mail, 6-24-02 111 1 correct? 2 MR. SANDLIN: On rural routes. 3 COMMISSIONER LETZ: On rural routes. 4 MR. SANDLIN: H.C. and rural routes. 5 COMMISSIONER LETZ: Right. Most people don't 6 live at their post office box. 7 MR. SANDLIN: And, as I understood it -- 8 COMMISSIONER LETZ: You know, who is going to 9 mail it out, is the question. I personally think it should 10 come -- or who's going to handle that notification? I think 11 the addressing coordinator should do that one, so one person 12 is doing all the notification. 13 MR. SANDLIN: And that's whatever y'all 14 decide. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER WILLIAMS: Who's mailing them 17 out now? 18 COMMISSIONER LETZ: No one, 'cause they're -- 19 there's kind of a hold on all of it. 20 JUDGE HENNEKE: What happened to the joint 21 letter that we talked about several months ago? 22 MR. SANDLIN: That would be between y'all and 23 the Post Office. 24 COMMISSIONER LETZ: But it's been agreed to 25 by the Post Office. None of them have gone out. 6-24-02 112 1 MR. SANDLIN: 'Cause that was when they were 2 talking about the rural routes and the H.C. routes. 3 COMMISSIONER LETZ: Right. The problem is -- 4 COMMISSIONER WILLIAMS: Some have gone out. 5 COMMISSIONER LETZ: Yeah, some have gone out, 6 you're correct. The problem is -- and just to kind of fill 7 in some people as to the way this all came about is that the 8 majority of the addresses are at locations where people do 9 not receive their mail at that location. They're either a 10 post office box, out-of-town, multiple property owners, and 11 they don't -- you know, obviously don't receive mail at one 12 property. So, the majority of them -- and the Post Office 13 is only going to mail out those where they receive their 14 mail at their rural address. So, the majority of them we 15 have no way currently to notify those people, and that's 16 what we're really trying to tackle. The bulk of the problem 17 is to get those people notified that that's what their 18 address is. And it's -- I would -- I think that we need 19 some sort of a -- a mailout to go out, similar to what the 20 Post Office has agreed to mail out, but it would just come 21 under the County Judge's signature. And it would go to an 22 address -- either a post office box in Kerr County or 23 Houston or Mexico or wherever, wherever their address is. 24 We mail it to where these people's -- what their address is. 25 MR. SANDLIN: We have a lot of people who 6-24-02 113 1 have property here, who have a house here, a phone at their 2 house, but it's their weekend house; it's their summerhouse, 3 whatever. It's their rent house. And we'll actually -- but 4 we may be mailing the notifications to Oklahoma or San 5 Antonio, saying, "The address for your property, this lot 6 located in the Whatchamacallit Subdivision, is now 102 Smith 7 Lane." 8 COMMISSIONER LETZ: Now, the question is -- 9 MR. SANDLIN: And those are not problematic. 10 The problematic ones are where we have those who have 11 multiple addresses. They get mail here; they get mail in 12 Ingram -- well, let's say they get mail in Hunt, mail in 13 Ingram, and also maintain a rural route box, because we're 14 running into a lot of people that maintain both. They have 15 what they often refer to as their secure -- or high-risk 16 mail sent to their post office box, but they still get their 17 Sears catalog and daily flyers and everything at their rural 18 route box. 19 COMMISSIONER LETZ: Right. 20 MR. SANDLIN: Which complicates the picture 21 sometimes. 22 COMMISSIONER LETZ: How do we -- well, on 23 those that -- 24 MR. SANDLIN: And most of those will be 25 prepared, and those out-of-town -- particularly on these 6-24-02 114 1 vacant lots or out-of-town ownership, when there's no -- 2 there's no occupancy involved, there's just -- that's their 3 weekend home, we do the telephone number matching, mail it 4 to their -- 5 COMMISSIONER LETZ: Billing address. 6 MR. SANDLIN: -- their billing address in 7 Houston, and they -- you know, they know that that lot they 8 own in Whatchamacallit Subdivision has been assigned an 9 address. 10 COMMISSIONER LETZ: So -- but my question is, 11 on all of those that you've assigned addresses on that do 12 not get mailed out by the Post Office, that big group, do 13 all of those have a mailing address attached to them? 14 MR. SANDLIN: Mm-hmm. 15 COMMISSIONER LETZ: When they come in to us 16 of some sort? 17 MR. SANDLIN: Yes. I mean, it's prepared. I 18 mean, all you got to do is print these things out. 19 COMMISSIONER LETZ: Okay. 20 MR. SANDLIN: It's pre-addressed. We know 21 who the -- who the owner is, the occupant, on down the line, 22 as much as we can. Sometimes we hit some that -- like we're 23 hitting in Cave Spring, in particular, where several lots 24 were bought and they had several A.P.O. military addresses, 25 and we never got in contact with that person. He's still 6-24-02 115 1 the owner of record for these deals. We had no way to 2 contact him, but mailed out the letter saying, "Lot 3 so-and-so in Cave Spring has been assigned this number." 4 Never heard back, and -- 5 COMMISSIONER LETZ: Okay. 6 MR. SANDLIN: There's some floaters out 7 there. 8 JUDGE HENNEKE: Once we get all this done, 9 how does the information get in the system so that it prints 10 out at the Sheriff's Department? 11 MR. SANDLIN: That -- when we've done a 12 batch -- and that's contained in the procedure deal. Let's 13 say we did Batch A, and it's 50 addresses out in the eastern 14 part of the county in a pre-defined area. When the address 15 coordinator calls us back and says, "That Batch 51, we 16 mailed them out yesterday," we'll already have that 17 prepared, which we have to prepare it a little different for 18 the telephone companies. And, at that point, it's 19 literally -- we transfer it electronically and they fill it 20 in. 21 COMMISSIONER LETZ: So, as soon as the 22 address coordinator notifies the notification's been made, 23 then the system's to the phone company -- 24 MR. SANDLIN: When we get through here, we've 25 already done the phone number, the address matching, and 6-24-02 116 1 it's put over here. It's sitting here on hold waiting for 2 the notifications to go out so they stay synchronized. 3 JUDGE HENNEKE: I'm not suggesting it's your 4 responsibility, so don't get that back up yet, but should 5 this Court be cognizant of the need to check with -- for 6 argument's purposes, let's say all telephone companies to 7 see that the information that you've transmitted has 8 actually gotten inputted into their system and is now 9 available for use? 10 MR. SANDLIN: I have no problem with that. 11 Now, what they will tell you, under the various 12 confidentiality deals -- I won't get into that. I don't 13 know. Most of them will -- you know, if we've identified a 14 batch and you say, "Hey, did Sandlin send you the Greenwood 15 Forest addresses and y'all have them?" I'm sure they're 16 going to tell you yes, that -- yes, they did, or no, they 17 didn't. 18 JUDGE HENNEKE: But my question actually goes 19 a step further. We -- we know you guys are going to send 20 them, 'cause it says right here you're going to send them. 21 MR. SANDLIN: Mm-hmm. 22 JUDGE HENNEKE: My question is, two weeks 23 later, should we go to the telephone company and ask them to 24 verify that the information that you've sent to them has 25 indeed been put into the system and is now in use throughout 6-24-02 117 1 the system? Again, I'm not asking you all to undertake 2 that. I'm just saying is that something that perhaps the 3 address coordinator should routinely do? 4 MR. SANDLIN: If they want to do a spot 5 check. I think you'll find, particularly in today's world, 6 that the telephone companies, particularly in areas that 7 we're working with that would be affected the most, like 8 Hill Country Telephone, I think they're anxious to get it in 9 there and get it done with. 10 JUDGE HENNEKE: You think that they have the 11 capability, both personnel-wise and technology-wise, to take 12 the information that you have electronically transmitted to 13 them and simply flash it into the system? I see Mr. Ballard 14 rising back there to make a comment. 15 MR. BALLARD: For verification, is your 16 concern? 17 JUDGE HENNEKE: Yes, sir. 18 MR. BALLARD: And verification is -- should 19 be everybody's concern. There's confidential-type problems 20 in the way of verification sometimes. We do have -- T., 21 help me on this. We do have a printout. After we send it 22 to them -- 23 MR. SANDLIN: Once we send a load to them, or 24 they have some changes -- or phone number changes, they 25 daily send us a deal so that we can see that it was done, 6-24-02 118 1 and we can look at that and say, "Oh, wait a minute, we 2 didn't say T. Sandlin is 200 Smith Road; it's 100 Smith 3 Road," if we found a typo or something like that. And we 4 review the process so they can correct the database. 5 MR. BALLARD: That's the Hill Country -- 6 MR. SANDLIN: Well, we get the same with 7 Kerrville Telephone. We get the printouts for both of them, 8 and we have to go through the big rigmarole of securing 9 these printouts and all. They're not public documents. 10 COMMISSIONER GRIFFIN: But you get a 11 verification of what the telephone company -- 12 MR. SANDLIN: Right. Once they put it in, 13 upload it, then we get a printout of what they uploaded. 14 MR. BALLARD: However, it never harms -- 15 we're an authoritative body -- to go directly to the 16 telephone company and say, "Did it happen, guys?" 17 MR. LEWIS: I would certainly ask the 18 question. 19 JUDGE HENNEKE: The point I'm getting to, 20 obviously, is what prints out at the Sheriff's Department is 21 really a function of what the telephone company has done. 22 MR. BALLARD: Absolutely. 23 JUDGE HENNEKE: We can do all the work we 24 want to and we can do everything perfectly, and if it 25 doesn't get into the telephone company's system, then it 6-24-02 119 1 doesn't print out at the K.P.D. or the Sheriff's Department. 2 MR. BALLARD: See, when you ask that 3 question, we have our verification. 4 JUDGE HENNEKE: Right. 5 MR. BALLARD: But then when you ask that 6 question from your body, it also puts the onus on the -- 7 you're attracting the attention from a legality point of 8 view to the telephone -- you're saying, "Hey, guys, have you 9 done your job?" And they're going to think twice about 10 saying yes to you guys, versus saying yes to us. 11 JUDGE HENNEKE: So, it's Ronald Reagan's 12 "trust but verify." 13 MR. BALLARD: Express to me we've done it, 14 and I -- I kind of like your suggestion. 15 COMMISSIONER LETZ: That's something that we 16 can just do. 17 JUDGE HENNEKE: Right. I mean -- 18 COMMISSIONER LETZ: The Court can handle. 19 MR. BALLARD: You can put that into your 20 position. 21 COMMISSIONER LETZ: Right. 22 JUDGE HENNEKE: Okay. 23 (Discussion off the record.) 24 JUDGE HENNEKE: Jonathan or Larry, do you 25 think we need to take any formal action on this Number 2? 6-24-02 120 1 COMMISSIONER LETZ: No. 2 COMMISSIONER GRIFFIN: No, not at this point. 3 'Cause we're getting the words right in the guidelines. 4 This is sort of -- that's sort of a working diagram, the 5 flow diagram, and we may want to tweak that a little bit 6 anyway. 7 COMMISSIONER LETZ: I should think that this 8 is just kind of a cheat sheet. 9 MR. SANDLIN: Something we can include, so -- 10 particularly if you say what's pre-addressed, we agreed 11 that's what's pre-addressed. 12 COMMISSIONER GRIFFIN: I think the other 13 question is the -- who we want to assign. And we can 14 address that, you know, at least in -- do we want to -- do 15 we want to do it with the court coordinator? Do we want to 16 put it in the -- this office or Road and Bridge? You know. 17 JUDGE HENNEKE: I think Road and Bridge is 18 the most logical place for it. They have the addresses, 19 they have the roads. 20 COMMISSIONER GRIFFIN: They have a good 21 database of information that may help clarify some problem 22 areas. 23 JUDGE HENNEKE: I think the person is going 24 to be dealing a lot with the public, so we have to -- 25 they'll have to have information. I mean, it's going to 6-24-02 121 1 have a budgetary impact, regardless of what we do. That's 2 not an issue. We're going to have to provide whoever it is 3 with the money for the postage and, you know, we may have to 4 do some software so that they can do all this. It just more 5 logically falls within the Road and Bridge Department than 6 anywhere else. 7 MR. SANDLIN: I'm not suggesting one or the 8 other, but just as information, Road and Bridge has the 9 ArcView software, which is what we use to do all this stuff, 10 so we can deliver information to them and it's in a format 11 where they can bring it up on the computer. Wouldn't be a 12 matter of having to go reinvest in a GIS-type -- 13 COMMISSIONER LETZ: Well, I guess -- I don't 14 have a problem with Road and Bridge doing it. The problem I 15 have is accountability. Road and Bridge is very, very busy. 16 I worked with Road and Bridge -- or have for the last month, 17 a great deal on the Subdivision Rules and Regulations, which 18 is something that's a pretty important thing for this 19 county. I finally had to take it from Road and Bridge, give 20 it to our court coordinator to do it and then send a final 21 version back, because they didn't have time -- Truby didn't 22 have time to make the mechanical changes. And, to me, 911 23 is important enough that, you know, I think it needs to be 24 somewhere that we have a direct accountability, and we don't 25 have that in Road and Bridge, if it's Truby, unless we're 6-24-02 122 1 going to pull Truby in to work for the Court. We have to go 2 through Leonard or Franklin, and that's another step. And I 3 just -- I just think that right now -- and down the road, 4 when it gets running, it may be fine to get it out there, 5 but to get this thing worked through, personally, I'd rather 6 we have control. And the only person I can think of that we 7 have control is Ms. Sovil. That's the reason I, you know, 8 brought her name up. I -- I've asked her if she'd be 9 willing to undertake it. Her answer was yes, assuming she 10 knows exactly what it is and it's worked out -- I mean, the 11 details. I think it needs to be done no matter who does it; 12 I think that's correct. She's not -- she didn't say no or 13 yes or anything; she'd be interested in it. That's just my 14 -- why I thought that. 15 JUDGE HENNEKE: Everybody's busy, but I think 16 we also have to look at, you know, who has the technical 17 capability, and -- and, you know, this person's going to be 18 sending out the address letters. This person's going to be 19 getting the response from somebody saying, "What do you 20 mean, I'm 123 instead of 124? I've been 124 for 30 years." 21 COMMISSIONER LETZ: Right. 22 JUDGE HENNEKE: And that person is going to 23 have to deal with the public on a basis that -- that 24 satisfies the public and doesn't engender more problems that 25 we -- 6-24-02 123 1 MR. BALLARD: And not to call T. Sandlin. 2 The answer is not to call T. Sandlin at that time. 3 JUDGE HENNEKE: Now, just sit down, 4 Mr. Ballard. 5 (Laughter.) 6 JUDGE HENNEKE: We'll deal with that issue. 7 COMMISSIONER LETZ: And, for that very 8 reason, you know, I don't think there's a good person from 9 that standpoint of the calls coming in. The initial stack 10 that they showed me two weeks ago -- a week ago is about 11 this high that needs to get mailed out. You know, maybe 12 it's higher than that. 13 MR. SANDLIN: It's grown a little bit. 14 COMMISSIONER LETZ: Yeah. 15 COMMISSIONER GRIFFIN: Can we -- 16 COMMISSIONER LETZ: And we're getting a lot 17 more coming online, so I think really the first -- and I 18 really don't see how any one person -- I think we have to 19 have a part-time person help to get this worked through. 20 The first part of it, anyway. And I'd recommend that we, 21 you know, at least instruct the -- the court coordinator to 22 work up a job description and an estimate on time to get 23 this done and how long, this first batch. Because there's 24 a -- for the next -- 25 JUDGE HENNEKE: Well, yeah. 6-24-02 124 1 COMMISSIONER LETZ: -- year, it's going to be 2 an abnormal amount of work in this function. 3 JUDGE HENNEKE: Well, maybe -- maybe you -- 4 the person who works up the job description should be the 5 person in that office, but you make a good -- you make a 6 valid point. What we may want to do is simply budget for 7 somebody part-time for the coming fiscal year to take on 8 this project. 9 COMMISSIONER WILLIAMS: Why wouldn't that be 10 better handled out at Road and Bridge, if we add personnel 11 for that purpose and software's already in place? Why 12 wouldn't you want to do it out there, where they have all 13 the other supporting information? 14 COMMISSIONER LETZ: I guess my problem with 15 Road and Bridge is accountability. Road and Bridge people 16 don't work for this Court. 17 COMMISSIONER BALDWIN: I'll tell you, one 18 good reason that you wouldn't want to move it out there is 19 because they don't want to do it. 20 COMMISSIONER WILLIAMS: Pretty good reason. 21 COMMISSIONER BALDWIN: Real good reason, when 22 it comes to me. If we had it here, we have a hands-on -- 23 we're in control and we can see how many of these things 24 that she is able to get out today and tomorrow and the next 25 day, to see -- to plan on as far as budgeting. And I agree, 6-24-02 125 1 I think we need -- we need to be in total control, hands-on, 2 of this first 3,000 batch. 3,000? How much? 3 MR. SANDLIN: No, I was saying and 4 subsequent. 5 COMMISSIONER BALDWIN: 3,000 batch, that we 6 need to be in total control of that so that we can see how 7 this thing's going to work. And plan on having someone -- 8 hand it over to somebody else later on. I'm going to go 9 eat. Y'all better make some decisions. 10 MR. SANDLIN: Basically, it will be kind of 11 like a mailing list. We'll bring it in Excel, whatever 12 format the coordinator needs, so that they can interject it 13 in their letters, and it will be basically taking the name, 14 address, and property description of the new address, adding 15 it to the new letter, and printing them out. 16 COMMISSIONER GRIFFIN: What about -- on the 17 mailing thing, just a quick question. Do you think we could 18 still get Cindy Guerrero to -- to, you know, help us with 19 actually mailing them at Post Office expense? 20 COMMISSIONER LETZ: I think -- that's the 21 thing. I think all these things really need to be looked at 22 and brought back by the next Commissioners Court date. I 23 think we need to find out how long it's going to take to 24 stuff envelopes, what the other alternatives are to using -- 25 they're printing a white piece of paper. What's the best 6-24-02 126 1 way to print it? Is there a way that we can get forms 2 made -- and they've been doing this for quite a while -- 3 that just go to the typewriter one time and you mail it, as 4 opposed to having to stuff envelopes? There may be -- you 5 know tax statements go out like that. And, you know, I 6 think the -- one of the questions has to be something that 7 people look at, that it looks official. 8 COMMISSIONER GRIFFIN: Right. 9 COMMISSIONER LETZ: I think there's a lot of 10 questions like that. Plus, you know, it -- job description. 11 And I think that we need to -- personally, I'll make a 12 motion we request that information be put together by the 13 court coordinator and presented at our next meeting, and 14 I'll be glad to get with the person. That's what we need to 15 -- you know, are looking for. 16 COMMISSIONER GRIFFIN: I'll second that. 17 JUDGE HENNEKE: Motion by Commissioner Letz, 18 second by Commissioner Griffin, that the Court direct the 19 court coordinator to prepare a job description and an 20 estimate of time for the performance of the duties of the 21 address coordinator, and submit it for the next court date. 22 Is that it? 23 COMMISSIONER LETZ: That's it. 24 JUDGE HENNEKE: Any other questions? 25 COMMISSIONER BALDWIN: Well, my question is, 6-24-02 127 1 what else do you want us to do? I mean, y'all want us to do 2 some things here today. Is that it? 3 MR. BALLARD: We'd like to move out on 4 addressing. Does that mean we're going to wait until the 5 next meeting before we transfer any data to you guys? 6 COMMISSIONER LETZ: Yes. 7 COMMISSIONER GRIFFIN: I think so. I don't 8 see any way -- 9 COMMISSIONER LETZ: We just need to get our 10 act together. We have to have a plan. 11 MR. BALLARD: Okay. 12 JUDGE HENNEKE: I also think the job 13 description needs to be reviewed and approved by the 14 personnel officer. 15 COMMISSIONER BALDWIN: I do, too. 16 MR. BALLARD: Were there any comments on T.'s 17 flow chart, before we -- 18 COMMISSIONER LETZ: It's fine. 19 MR. BALLARD: Okay. 20 MR. SANDLIN: Essentially, if y'all don't 21 have an address in your description, we do more or less 22 delete 802 out of the deal. 23 COMMISSIONER LETZ: That's what we said. 24 MR. SANDLIN: Okay. Works for me. 25 JUDGE HENNEKE: We have a motion on the 6-24-02 128 1 floor. Any further questions or comments? If not, all in 2 favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: Opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Motion carries. Thank you, 7 T., Dave, Chuck. We appreciate it, guys. 8 COMMISSIONER BALDWIN: Don't forget Bill. 9 JUDGE HENNEKE: Bill, I'm sorry. Couldn't 10 see you behind David there. 11 COMMISSIONER BALDWIN: He lives in Precinct 12 1. You're a good man. 13 JUDGE HENNEKE: Any other business to come 14 before the Court? If not, we stand adjourned. 15 (Commissioners Court adjourned at 11:49 a.m.) 16 - - - - - - - - - - 17 18 19 20 21 22 23 24 25 6-24-02 129 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 28th day of June, 2002. 8 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 6-24-02