1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, September 9, 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 September 9, 2002 2 PAGE --- Commissioners Comments 4 3 1.1 Pay Bills 10 4 1.2 Budget Amendments 11 1.3 Late Bills 23 5 1.4 Approve and Accept Monthly Reports 26 6 2.14 Discuss extension of current burn barn until 7 October 14, 2002 27 2.1 Resolution in support of Upper Guadalupe River 8 Authority 28, 67 2.9 PUBLIC HEARING on proposed Kerr County budget 9 for FY '02/'03 39 2.10 Set September 23, 2002, at 10:15 a.m., in the 10 Kerr County Commissioners Courtroom for adoption of FY '02/'03 budget 42 11 2.2 Approval and execution of Texas Workforce Commission Child Care Local Initiative Agreement 12 Amendment Number 2002CCC000, Program 08220C03 43 2.3 Request for variance for replatting of Lot 49 in 13 Kerrville Country Estates 45 2.4 Request by City of Ingram that Kerr County 14 quitclaim its interest in Indian Creek Dam to City of Ingram, contribute $17,500 for repairs 55 15 2.11 PUBLIC HEARING on proposed Kerr County tax rate for FY 02-03 66 16 2.12 Set September 23, 2002, at 10:30 a.m. in the Kerr County Commissioners Courtroom for adoption of 17 FY 02-03 tax rate 66 2.5 Approve Interlocal Agreement for Mental Health/ 18 Mental Retardation and Chemical Dependency commitment hearings and psychoactive medication 19 hearings at Kerrville State Hospital 94 2.6 Request for approval of two reclassified and two 20 combined job descriptions 100 2.7 Request new hire in Tax Assessor/Collector's 21 office at a 12/3 instead of new 12/1 104 2.8 Discuss job description for the address 22 coordinator for Kerr County, a part-time position, and process for hiring individual 105 23 2.13 Adoption of FY '02/'03 tax rate for Lake Ingram Estates Road District 107 24 --- Adjourned 109 25 3 1 On Monday, September 9, 2002, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good morning, everyone. If 8 we could come to attention, please? First of all, we'll 9 call to order this regular special session of the Kerr 10 County Commissioners Court. In light of the attendance this 11 morning and the interest in the contract on child care 12 management, Brenda Chapman -- where are you, Brenda? 13 (Laughter.) 14 JUDGE HENNEKE: We're going to relocate 15 upstairs to District Courtroom Number 2. So, if y'all will 16 just orderly proceed up the stairs or through the elevator, 17 take a seat in District Court Number 2, we will convene up 18 there. 19 (Commissioners Court moved to District Courtroom 2.) 20 JUDGE HENNEKE: Okay. Thank y'all for that 21 orderly -- I won't call it a retreat; I'll call it 22 relocation. We'll go ahead now and begin this regular 23 special session of the Kerr County Commissioners Court. 24 Commissioner Williams? 25 COMMISSIONER WILLIAMS: Will you please rise 9-09-02 4 1 and join me in prayer and the pledge of allegiance to the 2 flag? 3 (Prayer and pledge of allegiance.) 4 JUDGE HENNEKE: Thank you, Commissioner. At 5 this time, any citizen wishing to address the Court on an 6 item not listed on the regular agenda may come forward and 7 do so. Is there any citizen who would like to address the 8 Court on an item not listed on the regular agenda? Once 9 again, is there any citizen who would like to address the 10 Court on an item not listed on the regular agenda? Seeing 11 none, we'll turn to the Commissioners' comments. We'll 12 start with Commissioner Williams. 13 COMMISSIONER WILLIAMS: I'm cool this 14 morning, Judge. Let's be about our business. 15 JUDGE HENNEKE: Commissioner Letz? 16 COMMISSIONER LETZ: I have a few things 17 that -- I handed out copies of these to the Commissioners 18 and the Judge. Most of them are related to regional water 19 planning. The population projections have been, I guess, 20 finalized in the first step, and Kerr County got hit real 21 bad. It makes no sense, but the population predictions from 22 the Water Development Board now show -- and these are the 23 State's official numbers -- show our current population of 24 43,653, which is accurate; it rises to 57,000 in 2030, and 25 then starts falling to 49,000 by 2060. There's two -- these 9-09-02 5 1 are drastically different than the ones that are 2 currently -- or were accepted by the Water Development Board 3 and the State recently. They had our population at 2060 at 4 about 90,000, so they've almost cut the projection in half. 5 We're not sure exactly what happened with that, but the 6 consequences are pretty substantial. 7 We had a regional water planning meeting last 8 week, and some members felt that, oh, it's not that big a 9 deal; we can adjust them in the future. But my position 10 is -- I feel very strongly about this -- that if we show our 11 population trailing off, it's going to make receiving and 12 obtaining state funding and federal funding for projects 13 almost impossible, not to mention any large infrastructure 14 projects by the City or any other entity. The bond -- the 15 bonding or bond indebtedness of that will probably be 16 somewhat in jeopardy, because it looks like there's a 17 potential that there's no need for these infrastructure 18 improvements long-term. 19 So, anyway, the way it works, it's up to -- 20 since Kerr County is the only county in our region that 21 ended up with a bad projection and unrealistic, it's up to 22 the entities in Kerr County to appeal this. It's been done 23 in the past. We're somewhat used to it because of our 24 demographics, although we've never had it quite as bad as it 25 showed up this year. But, between now and the -- really, 9-09-02 6 1 about the -- I think about the 1st of December, 2 realistically, the entities that need to be involved is 3 primarily the County and the City of Kerrville, and need to 4 get together and pool our resources and go back to the 5 various other entities, public and private, and put together 6 an appeal, because I think the ramifications are pretty 7 severe. 8 Also, I handed out a copy of the Regional 9 Water Plan Scope of Work, a summary of what we'll be working 10 on the next five years, just for informational purposes. 11 You can see the majority of the money we plan to spend are 12 going to be on strategies and water supply evaluations. 13 Also, there's some money earmarked for monitor wells. 14 That's already in the works to go through Springhills in 15 Bandera and Headwaters here in Kerr County. And then 16 there's a map that I handed out, which is not labeled, but 17 that is the -- the newest version of the groundwater 18 management areas that were -- that are being developed by 19 the State. And you may recall that we had been lumped into 20 a region with San Antonio and basically the Edwards Aquifer. 21 They have revised that now, and basically the Priority 22 Groundwater Management Area, known as PGMA, for the Hill 23 Country remained intact, and -- which basically puts us in a 24 much smaller area, which is preferable. 25 There is some discussion amongst the regional 9-09-02 7 1 group that we may still appeal this map and try to get 2 thrown in with -- it's called Zone 7, which is the -- the 3 Edwards area out to the west. And the logic behind that is, 4 while we get our groundwater currently -- most of our 5 groundwater currently from the Trinity, and the map shows 6 that, the recharge for the Trinity comes out of the area to 7 the west and to the north, and it would be nice to be in 8 that area so we could look at some long-range planning and 9 long-term effects of the Trinity -- of the Trinity. Plus 10 the water quantity, it appears there's probably more water 11 in Kerr County out of the Edwards Trinity to the west, as 12 opposed to the to the Trinity. So, there's an argument to 13 be made to move us -- shift us further to region 7 or Zone 14 7, and it's left -- the regional planning group is still 15 debating that. And I've been directed, as chair, to write a 16 letter, if we can come to a consensus as to what we want, 17 whether we stay where we are or move a little bit more to 18 the west. But we are certainly better off than we were 19 before, in my opinion. 20 And the last thing I have is the -- this is 21 more information for the Court, but I guess for the public 22 as well. The L.C.R.A. grant has been kind of in limbo for a 23 while on Flat Rock Park -- Flat Rock Lake Park. I talked to 24 Mrs. Gonzales. It appears by her e-mail -- I think that 25 confirms that the moneys are still available, and they will 9-09-02 8 1 process the one -- the amount that's -- I guess the invoice 2 that they have pending, as soon as we -- which I presume is 3 going to be I -- complete the quarterly report. I guess 4 since the program started and where it is now, they have 5 added quarterly reporting, which we did not have before, so 6 obviously did not submit it before, and that's why the 7 funding is currently held up. Had to find out what the 8 problem is so we can correct it. That's a fairly simple 9 report. But, the balance of funds should be there. But, 10 Tommy, I think I left a message for -- 11 MR. TOMLINSON: Right here. 12 COMMISSIONER LETZ: I mentioned to Mindy that 13 those funds need to be carried over into next year's budget. 14 That's all I have. 15 JUDGE HENNEKE: All right. Commissioner 16 Griffin? 17 COMMISSIONER GRIFFIN: No comment this 18 morning. 19 JUDGE HENNEKE: Commissioner Baldwin? 20 COMMISSIONER BALDWIN: Yes, sir, I have one. 21 If anybody has any liking for high school football at all, 22 you missed one Friday night in the Alamodome against 5A John 23 Jay. Our Tivy Antlers won the thing 17 to 14. One of 24 Mrs. Lavender's exchange students kicked a field goal for 25 the beginning score, and that was exciting. And right at 9-09-02 9 1 the end of the game, it looked like John Jay was going to 2 drive down there and beat us, and we held them off and shook 3 the ball from them, and got it on the fumble, ran the clock 4 out. Hence the words, "Tivy fight never dies." But this -- 5 it was great. It was a great football game. It was a great 6 football game. This Friday we go to San Angelo against the 7 Lakeview Chiefs. So, Tivy keeps moving on; we're doing a 8 good job, have a great bunch of kids. And that's all. 9 COMMISSIONER LETZ: Don't you have a 10 granddaughter out in the San Angelo area? Is your 11 allegiance going to be a little bit divided on this? 12 COMMISSIONER BALDWIN: My allegiances are not 13 divided. We have blue and gold water in our commode at 14 home. 15 (Laughter.) 16 COMMISSIONER WILLIAMS: I can understand the 17 gold. Where'd you get the blue? 18 COMMISSIONER BALDWIN: It's tough. Wasn't an 19 easy thing to do. 20 JUDGE HENNEKE: I think we'll let that one 21 go. 22 (Discussion off the record.) 23 JUDGE HENNEKE: Are there any jurors here for 24 Justice of the Peace -- Justice of the Peace, Precinct 1? 25 You all are in the wrong courtroom; you need to go to 9-09-02 10 1 Courtroom Number 1. Is there anyone here who is called for 2 jury duty for Justice of the Peace, Precinct 1? 3 (No response.) 4 MS. O'DELL: Okay, thank you. 5 JUDGE HENNEKE: Okay. All right. Anything 6 else, Commissioners? 7 COMMISSIONER BALDWIN: That's all. 8 JUDGE HENNEKE: All right. As we -- as we 9 approach the anniversary of the tragedy of last 10 September 11th, there are several events scheduled here in 11 the county for Wednesday, the anniversary of that date. I 12 want to remind everyone that there will be a memorial 13 service here at the courthouse beginning at 8 o'clock in the 14 morning, conducted by the Partners in Ministry organization 15 and pastor Bill Blackburn. In addition to that, I know 16 there are a number of activities at various churches and 17 venues throughout the county on that date, and I think it 18 speaks well of us that we pause in our activities to 19 remember what happened to our nation and our friends and our 20 neighbors and our colleagues on that date, and I ask you all 21 to hold the nation and those that mourn and those that serve 22 in your hearts and prayers constantly, and particularly on 23 this Wednesday, September 11th. So, with that, let's go on 24 about our regular business, and we'll begin by paying some 25 bills. Mr. Auditor? Does anyone have any questions or 9-09-02 11 1 comments about the bills as recommended and presented by the 2 Auditor? 3 COMMISSIONER BALDWIN: Judge, I move that we 4 pay our bills. 5 COMMISSIONER WILLIAMS: Second. 6 JUDGE HENNEKE: Motion by Commissioner 7 Baldwin, second by Commissioner Williams, that the Court 8 authorize payment of the bills as presented and recommended 9 by the Auditor. Any questions or comments? If not, all in 10 favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: Opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. Budget 15 amendments. Budget Amendment Number 1 is for 16 Nondepartmental. 17 MR. TOMLINSON: For Nondepartmental, I'm 18 requesting the following: Transfer $391.76 from 19 Contingency, $538.90 from Independent Audit line item, and 20 $760 from Liability Insurance line item, and transfer that 21 total of $1,690.66 to Mainframe Maintenance. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER GRIFFIN: Second. 24 JUDGE HENNEKE: Motion by Commissioner Letz, 25 second by Commissioner Griffin, that the Court approve 9-09-02 12 1 Budget Amendment Request Number 1. Any 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. Number 2 is 7 for J.P. 1. 8 MR. TOMLINSON: This request is from Judge 9 Elliott to transfer $17.43 from the Telephone line item to 10 Office Supplies in his budget. 11 COMMISSIONER BALDWIN: So moved. 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Motion by Commissioner 14 Baldwin, second by Commissioner Williams, that the Court 15 approve Budget Amendment Request Number 2. Any questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: Opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Number 3 is 21 for the District Courts. 22 MR. TOMLINSON: This -- this request from the 23 District Courts is to transfer $273 from Conferences from 24 the 198th court, $48 from Conferences in the 216th court, 25 transfer the $48 to Books, Publications, and Dues for the 9-09-02 13 1 216th court, and $273 to Books, Publications, and Dues for 2 the 198th court. 3 COMMISSIONER WILLIAMS: So moved. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Williams, second by Commissioner Griffin, that the Court 7 approve Budget Amendment Request Number 3. Any 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. Number 4 is 13 for the Courthouse and Related Buildings. 14 MR. TOMLINSON: This request is from Glenn 15 Holekamp. This request is to transfer $2,132.63 from 16 Leasehold Improvements to the Trash Service for -- for the 17 Courthouse and Related Buildings. 18 COMMISSIONER GRIFFIN: So moved. 19 COMMISSIONER LETZ: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Griffin, second by Commissioner Letz, that the Court approve 22 Budget Amendment Request Number 4. Any questions or 23 comments? If not, all in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 9-09-02 14 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Budget 3 Amendment Request Number 5 is for County Court at Law. 4 MR. TOMLINSON: This request is to pay bills 5 totaling $3,549 for court-appointed attorneys in the County 6 Court at Law. Currently, there is no funds in that budget 7 to pay these, so I'm recommending that we declare an 8 emergency and pay these bills from surplus in the General 9 Fund. 10 COMMISSIONER LETZ: Tommy, can we not take 11 that out of Leasehold Improvements in Maintenance -- or 12 Courthouse and Related Buildings? I just would rather 13 deplete what we can, find some areas where we have -- that 14 show there is unexpended -- there's $12,000 in that line 15 item in the previous amendment. We just used a little over 16 $2,000, so there should be about $10,000 left in that item, 17 and I don't see that any leasehold improvements are going to 18 be done in the next week or two. 19 MR. TOMLINSON: The only leasehold 20 improvements we have that we're responsible for is for the 21 -- the property that's -- that we leased for Adult 22 Probation, so I don't see anything, but you never know 23 what will come up. So -- 24 COMMISSIONER GRIFFIN: I would be in favor of 25 that as well. We can always -- if something comes up in the 9-09-02 15 1 other one, we can always declare the emergency when we have 2 to. 3 COMMISSIONER BALDWIN: Is there enough in 4 there to -- 5 COMMISSIONER LETZ: There's about $10,000. 6 MR. TOMLINSON: There is. 7 COMMISSIONER LETZ: We're going to run out 8 before we're done today. 9 COMMISSIONER WILLIAMS: Did we not just 10 receive a grant from the State for this purpose? 11 MR. TOMLINSON: For what? 12 COMMISSIONER WILLIAMS: Court-appointed 13 attorneys. 14 MR. TOMLINSON: We don't have the funds yet. 15 COMMISSIONER WILLIAMS: Don't have it, okay. 16 JUDGE HENNEKE: Do I have a motion? 17 COMMISSIONER LETZ: I move approval of the 18 amendment, request that the funds come from Leasehold 19 Improvements, Line Item 10-510-470. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Motion by Commissioner Letz, 22 second by Commissioner Griffin, that the Court approve 23 Budget Amendment Request Number 5, with the funds for that 24 item to come from Expense Code 10-510-470. Questions or 25 comments? If not, all in favor, raise your right hand. 9-09-02 16 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Budget 5 Amendment Request Number 6 is for County Court. 6 MR. TOMLINSON: Okay. This -- this amendment 7 is for $925. It's also for the payment of court-appointed 8 attorneys for the County Court. Do we want to -- is that 9 the request for -- for this amendment as well? 10 COMMISSIONER LETZ: Yeah, I'll make a motion 11 that we take -- approve the amendment, with funds to come 12 from Fund 10-510-470. 13 COMMISSIONER WILLIAMS: Second. 14 JUDGE HENNEKE: Motion by Commissioner Letz, 15 second by Commissioner Williams, that the Court approve 16 Budget Amendment Request Number 6, with the funds for that 17 amendment to come from Expense Code 10-510-470. Any 18 questions or comments? If not, all in favor, raise your 19 right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Budget 24 Amendment Request Number 7 is from -- is for J.P. 2. 25 MR. TOMLINSON: This request is from Judge 9-09-02 17 1 Wright. Her request is to transfer $340 from Conferences to 2 Software Maintenance; also to transfer $229.18 in 3 Miscellaneous, $200 from Machine Repairs, and to transfer 4 those two amounts, totaling $429.18 to Office Supplies. 5 COMMISSIONER WILLIAMS: So moved. 6 COMMISSIONER LETZ: Second. 7 JUDGE HENNEKE: Motion by Commissioner 8 Williams, second by Commissioner Letz, that the Court 9 approve Budget Amendment Request Number 7. Any questions or 10 comments? If not, all in favor, raise your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: Opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. 15 COMMISSIONER BALDWIN: Judge, wait a minute, 16 I do want to make a comment. $430 for office supplies, with 17 two weeks left in our budget -- three weeks left in the 18 budget? $430 for office supplies? 19 COMMISSIONER LETZ: I have a guess; what 20 she's doing is she wants to spend it out of this year -- use 21 this year's money. 22 COMMISSIONER BALDWIN: Well, that's terrible 23 budgeting. That's terrible government, terrible business. 24 MR. TOMLINSON: Well, I have a bill for that 25 -- for almost that amount. 9-09-02 18 1 COMMISSIONER BALDWIN: Okay. 2 JUDGE HENNEKE: Budget Amendment Request 3 Number 8 is for the District Courts. 4 MR. TOMLINSON: Okay. This request is to pay 5 bills totaling $2,657 for the court-appointed attorneys for 6 the 216th court, $1,550 for court-appointed services for the 7 198th court, $1,341.90 for court-appointed attorneys for the 8 198th court, $10,196.88 for court-appointed attorneys for 9 the -- for the latest capital murder case we had. This 10 totals $15,745.78. 11 COMMISSIONER WILLIAMS: So moved. 12 COMMISSIONER LETZ: Too much money this time. 13 MR. TOMLINSON: Yes. 14 COMMISSIONER GRIFFIN: I'll second. 15 JUDGE HENNEKE: Motion by Commissioner 16 Williams, second by Commissioner Griffin, that the Court 17 declare an emergency, approve Budget Amendment Request 18 Number 8, and transfer a total of $15,745.78 from Fund 10, 19 surplus fund balance, to the various expense codes for the 20 District Courts. 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. Budget 9-09-02 19 1 Amendment Number 9 for the Sheriff's Department. 2 MR. TOMLINSON: Actually, this -- this 3 amendment is for both the County Jail and the Sheriff's 4 Department. This is a request from the Sheriff to transfer 5 $1,502.62 from Deputy Salaries in the Sheriff's Office, 6 $420.76 from Part-Time Salaries at the jail, $1,000 from 7 Clerk Salary line item in the jail, $4,368.43 from the 8 Nurse's Salary line item in the jail, $12,500 from Jailer 9 Salaries. Of that, $18,179.29 is transferred into Prisoner 10 Medical, $109.90 is Employee Medical Exams, $749.99 to 11 Vehicle Repairs and Maintenance, $752.63 to Lease Copier. 12 And I do have bills in-hand for the $18,198.69 prisoner 13 medical bills. 14 COMMISSIONER WILLIAMS: Is this an 15 accumulation of expenses over a period of time, or just for 16 the last period? 17 MR. TOMLINSON: We pay those as they come in. 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Baldwin, second by Commissioner Griffin, that the Court 22 approve Budget Amendment Request Number 9 for the County 23 Jail and the Sheriff's Department. Questions or comments? 24 If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 9-09-02 20 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Item Number 4 -- Budget Amendment Request Number 10 is for the Tax Office. 5 MR. TOMLINSON: This is a request from the 6 Tax Collector to transfer $125 from Machine Repairs to her 7 Bonds and Insurance line item. 8 COMMISSIONER GRIFFIN: So moved. 9 COMMISSIONER BALDWIN: Second. 10 JUDGE HENNEKE: Motion by Commissioner 11 Griffin, second by Commissioner Baldwin, that the Court 12 approve Budget Amendment Request Number 10 for the Tax 13 Office. Any questions or comments? If not, all in favor, 14 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 Amendment Request Number 11 is for the County Clerk's 20 office. 21 MR. TOMLINSON: This is a request from the 22 County Clerk to transfer $690.90 from Software Maintenance 23 to her Lease Copier line item. 24 COMMISSIONER GRIFFIN: So moved. 25 COMMISSIONER LETZ: Second. 9-09-02 21 1 JUDGE HENNEKE: Motion by Commissioner 2 Griffin, second by Commissioner Letz, that the Court approve 3 Budget Amendment Request Number 11. Questions or comments? 4 If not, all in 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. 9 COMMISSIONER LETZ: The question I have is -- 10 it's really sort of a form question. Tommy, do all the 11 elected officials have this form available on the computer? 12 MR. TOMLINSON: No. 13 COMMISSIONER LETZ: Might be easier. That 14 way we only have one form we have to look at. Just -- I 15 mean, if people put different forms in -- 16 MR. TOMLINSON: We usually do all the 17 amendments. 18 COMMISSIONER LETZ: You do most of them? 19 Okay. 20 JUDGE HENNEKE: Budget Amendment Request 21 Number 12 is for the Constable, Precinct 3. 22 MR. TOMLINSON: Okay. The constable's 23 request is to transfer $21 from Miscellaneous, $29.54 from 24 Telephone, $7 from Vehicle Insurance, to his Gasoline line 25 item. 9-09-02 22 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER GRIFFIN: Second. 3 JUDGE HENNEKE: Motion by Commissioner Letz, 4 second by Commissioner Griffin, that the Court approve 5 Budget Amendment Request Number 12. Any questions or 6 comments? If not, all in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. Any late 11 bills? 12 MR. TOMLINSON: I have an amendment that -- 13 for Road and Bridge. It's not a -- a request to transfer 14 funds, but it's a request to change the Capital Outlay 15 schedule. They -- at August 31st, they had $11,978.28 16 remaining in their Capital Outlay line item. They have a 17 trailer that's -- that they're requesting to trade for -- 18 for a 7500-pound-capacity trailer, new trailer. The new 19 trailer is -- the price on that is $1,500. The trade 20 they're going to get on the old trailer is $400. Their 21 request is to add the trailer to the list of Capital Outlay 22 and purchase the trailer. 23 COMMISSIONER BALDWIN: And the money's there? 24 MR. TOMLINSON: Yes. 25 COMMISSIONER BALDWIN: I have no problem with 9-09-02 23 1 that. 2 COMMISSIONER GRIFFIN: So moved. 3 COMMISSIONER LETZ: Second. 4 JUDGE HENNEKE: Motion by Commissioner 5 Griffin, second by Commissioner Letz, that the Court approve 6 an amendment to the Capital Outlay list for the Road and 7 Bridge Department to authorize the purchase of a trailer. 8 Any questions or comments? 9 COMMISSIONER BALDWIN: I just appreciate them 10 doing -- doing that and coming -- coming and doing it in the 11 proper way. 12 COMMISSIONER LETZ: The amount is $1,100? 13 MR. TOMLINSON: Is $1,100, yes. Leonard 14 asked me to do this for him because he was out and had to be 15 out in the field today, so that's why I'm here. 16 COMMISSIONER LETZ: Fixing our roads. 17 JUDGE HENNEKE: Any questions or comments? 18 If not, all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: Opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. 23 MR. TOMLINSON: That's it. 24 JUDGE HENNEKE: Do you have any late bills? 25 MR. TOMLINSON: Yes, I do. 9-09-02 24 1 JUDGE HENNEKE: Okay. 2 MR. TOMLINSON: I have the one late bill for 3 the Tax Collector, and it's for $8,000 for postage. 4 COMMISSIONER WILLIAMS: For what? 5 MR. TOMLINSON: Postage. 6 COMMISSIONER WILLIAMS: So moved. 7 COMMISSIONER LETZ: Second. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Williams, second by Commissioner Letz, that the Court 11 authorize a late bill and a hand check in the amount of 12 $8,000 payable to the Kerrville Postmaster for postage for 13 the Tax Assessor/Collector's office. Any questions or 14 comments? 15 MS. NEMEC: Judge? On the hand check, it 16 says payable to the Tax Assessor, not to the Postmaster. 17 MS. RECTOR: Right. I write that out of my 18 general account to the Post Office, and then reimburse -- 19 JUDGE HENNEKE: Okay. So, the -- all right. 20 So, the check will be made payable to the Tax 21 Assessor/Collector. Thank you for that correction. All in 22 favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: Opposed, same sign. 25 (No response.) 9-09-02 25 1 JUDGE HENNEKE: Motion carries. 2 MR. TOMLINSON: Okay. The next one is to 3 Carrie Whitt for $91.20. It's a reimbursement for a 4 workshop at the Texas Association of Child Support 5 Registries. 6 COMMISSIONER BALDWIN: I move that we pay the 7 bill. 8 COMMISSIONER GRIFFIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Baldwin, second by Commissioner Griffin, that the Court 11 authorize a hand check and late bill in the amount of $91.20 12 payable to Carrie Whitt for expenses incurred in connection 13 with a Texas Association of Counties child support seminar. 14 Any questions or comments? If not, all in favor, raise your 15 right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. 20 MR. TOMLINSON: Okay. The last one is from 21 Linda Uecker for $125.73. It's for reimbursement for the 22 same workshop. 23 COMMISSIONER WILLIAMS: So moved. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE HENNEKE: Motion by Commissioner 9-09-02 26 1 Williams, second by Commissioner Baldwin, that the Court 2 authorize a late bill and hand check in the amount of 3 $125.73 payable to Linda Uecker for expenses incurred in 4 connection with the Texas Association of Counties child 5 support seminar. Any questions or comments? If not, all in 6 favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. At this 11 time, I would entertain a motion to approve and accept the 12 monthly reports as presented. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER LETZ: Second. 15 JUDGE HENNEKE: Motion by Commissioner 16 Baldwin, second by Commissioner Letz, that the Court approve 17 and accept the monthly reports as presented. Any questions 18 or comments? If 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. Okay. 23 COMMISSIONER GRIFFIN: Do we not have any 24 minutes to approve? 25 JUDGE HENNEKE: No, we do that the first 9-09-02 27 1 meeting. At this time, we'll move into the consideration 2 agenda. I will remind everyone that we have public hearings 3 scheduled for 10 o'clock this morning and 10:30. These are 4 required public hearings in connection with the budget 5 process, so wherever we are at 10 o'clock and at 10:30, we 6 will stop and -- 7 (Discussion off the record.) 8 JUDGE HENNEKE: -- we will stop and do that. 9 I have a request to move up for consideration the item 10 involving the burn ban, which is Item Number 14. If there's 11 no objection, we'll take up Item Number 14 first, which is 12 to consider and discuss extension of the current burn ban 13 until October 14th, Year 2002. Is there anyone who would 14 like to speak to that issue? 15 COMMISSIONER LETZ: I'm not in favor of 16 extending it. 17 COMMISSIONER GRIFFIN: You're right. In 18 fact, what about -- what about canceling the one we've got? 19 Because that's going to run out anyway. 20 COMMISSIONER LETZ: I'll make a motion to 21 cancel the current burn ban in effect. 22 COMMISSIONER GRIFFIN: I'll second that. 23 JUDGE HENNEKE: Motion by Commissioner Letz, 24 second by Commissioner Griffin, that we cancel, effective -- 25 COMMISSIONER LETZ: Immediately. 9-09-02 28 1 JUDGE HENNEKE: -- immediately, the burn ban 2 which is currently in place in Kerr County. Any questions 3 or comments? If not, all in favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. That burn 8 ban is history. Okay. First item for consideration, going 9 back to the regular order of business, is Item Number 1, 10 which is consider and discuss a resolution to support the 11 Upper Guadalupe River Authority. We've had a number of 12 people sign up to speak to this issue. We intend to let 13 everyone who wishes to speak to this issue do so. It is a 14 significant issue for the people of Kerr County, and we will 15 extend all courtesy to those who wish to speak. We expect 16 the same from those who speak. I will not tolerate any 17 abuse. I will not tolerate any personal attacks, and I will 18 enforce that. Each speaker will have a maximum of three 19 minutes to speak, and that way we can move through this on 20 a -- on an efficient, but -- but important basis. 21 I put the resolution on the agenda. There's 22 been a lot of controversy in the community in recent weeks 23 about the U.G.R.A. One of the reasons I put the item on the 24 agenda was because representatives from Senator Fraser's 25 office and Representative Hilderbran's office had inquired 9-09-02 29 1 as to what the position of the elected bodies in Kerr County 2 was with regard to the U.G.R.A., so I felt it was important 3 for us to respond to the request from our state 4 representatives that we express our opinion on this issue. 5 There's been expressed the notion that it may not be timely 6 to consider such a resolution because there's no actual 7 legislation been proposed regarding this issue; however, 8 this is the time of year in the legislative cycle when 9 resolutions are being formulated, and they will be, within a 10 few weeks even, prefiled with the Legislature. 11 I think it's important for our legislators to 12 know how the elected bodies in this county feel about the 13 U.G.R.A. Once a bill gets filed, if such a bill should ever 14 get filed, it takes on a life of its own. This is not a 15 local bill. This is not a bill, should such a bill be 16 presented, that would be considered only based upon the 17 desires and merits and positions of people in Kerr County. 18 It is a bill that has much larger implications, and will be 19 subject to pressures and influence from far outside of Kerr 20 County, so I think it's important that before such a bill 21 ever sees the light of day, that Senator Fraser or 22 Representative Hilderbran know where the elected officials 23 in Kerr County stand on this issue. That's why I put it on 24 the agenda today. I think it's important we debate the 25 issue. I think it's important we take a position on the 9-09-02 30 1 issue so that our other elected officials will know where 2 the Commissioners Court stands with regard to the issue of 3 support of the U.G.R.A. 4 My intent is to call speakers, alternate pro 5 and con. I have a number that have signed up. If anyone 6 wishes to speak who's not signed up, they may sign up or 7 they may come forward and do so at the appropriate time, 8 give your name, address, and state your position. Again, I 9 ask that you do so respectfully. Public discourse is best 10 conducted when you do it with respect and with attention to 11 the merits of the issue. The higher we can elevate the 12 public discourse, the better we can make a decision and the 13 better off we are for that process. So, I urge all of you 14 to keep your comments to the issues, and not to indulge in 15 any personal retribution or abusive comments, which I will 16 not hesitate to prevent. Should you get out of line, I 17 will, if I have to, have you removed from the courthouse. I 18 haven't had to do that yet. There have been several 19 occasions in the -- in the court proceedings where I've had 20 to remind people of that obligation, and they've always 21 responded appropriately. I'm certain that we won't have any 22 trouble today, but I just wanted to let everyone know that I 23 expect a high and polite and respectful level of discussion 24 over the issue today. 25 So, with that, we'll turn to the people who 9-09-02 31 1 have started out. We'll start with those in favor of the 2 resolution. Mr. Jack Furman. 3 MR. FURMAN: Morning, gentlemen. I'm Jack 4 Furman, 148 -- 141 St. Andrews Loop; I don't know my own 5 address. I come to speak in favor of U.G.R.A., not because 6 I think it's a perfect organization, not because I think 7 they've always done everything right, but I know that 8 everything hasn't been done wrong. And I know that a great 9 deal of good has been done for the community by U.G.R.A. 10 There's been some complaint about the taxing authority. The 11 citizens of Kerr County voted to permit U.G.R.A. to tax. My 12 recollection is that the limit established by the 13 Legislature was 50 cents per hundred. The citizens of Kerr 14 County voted for a nickel per hundred, overwhelmingly, more 15 than 5-to-1. Since that time, U.G.R.A. has been 16 instrumental in removing the dependence of much of the water 17 users in Kerr County from underground water, and because of 18 that, the Trinity Aquifer water level has risen 19 tremendously. U.G.R.A. currently has a permit that, if it 20 can be utilized, will even more so lessen the requirement on 21 underground water, meaning there's more water for those 22 people who have to rely on underground water. I commend to 23 you that U.G.R.A. has done, overall, a good job and that 24 they are very important to this community, and I fear 25 that -- I think it's unquestionable, I think it's 9-09-02 32 1 undoubtable that, should U.G.R.A. disappear from the scene, 2 that instead we would have the Guadalupe Blanco River 3 Authority, because all the river authorities -- all the 4 rivers in Texas are governed by a river authority. I don't 5 think we want G.B.R.A. to be here where we would have little 6 to no representation and give up the nine local 7 representatives that we now have, where we have some 8 evidence -- some bit of local control. Thank you. 9 JUDGE HENNEKE: Thank you, Mr. Furman. Bill 10 Stacy. 11 MR. STACY: Thank you, gentlemen. I'm Bill 12 Stacy, 1950-G Leslie Drive, ex-officio residence at 121 13 Stacy Lane in the county. Gentlemen, my father was on the 14 first board of directors of U.G.R.A., so I'm well aware of 15 what is done and done for our community. I speak to you now 16 as what is done do me, personally. I've had an application 17 in for a licensed system since May 22nd of this year, and 18 there's been no resolution. There's been a lot of 19 conversation, a lot of meetings, but I'm the one that's 20 suffering financially, 'cause I would like to sell my house 21 with a licensed system. I have three other occasions of 22 going -- of being involved personally with U.G.R.A. 23 problems. One, I went to a budget meeting of U.G.R.A. and 24 was told that the people -- the public had no hearing on the 25 agenda and could not be heard. I know also of a U.G.R.A. 9-09-02 33 1 employee that had a well within 150 feet of a septic system, 2 and nothing was done. I know also that the Hunt Store was 3 in violation of the rules -- septic rules that I sat on the 4 Court and made, and nothing was done about those violations. 5 It has cost me time and money, and I have been talking and 6 talking. I've been -- had help from Joe -- um, Joe -- 7 excuse me, last name is -- he's a director -- Aldrich of the 8 board. 9 COMMISSIONER BALDWIN: Armistead. 10 MR. STACY: Armistead, excuse me. And he's 11 been very helpful, but nothing has happened, and it's my 12 opinion that these people are here to help the people and 13 not block them. So, I'm still waiting for resolution of my 14 problem, and I've had just a conversation with Mr. Brown, 15 and we talked about it just a while ago, so we're still 16 talking about it, but no resolution. I want to thank 17 Commissioner Griffin; he stepped up to the plate to help me, 18 and I appreciate his help. But the bottom line is, nothing 19 has been solved, and me personally -- it's cost me time, 20 money, and heartache. Thank you. And I'm against the 21 resolution until these people get their act together. 22 JUDGE HENNEKE: Thank you, Mr. Stacy. Sandy 23 Pená. 24 MS. PENÁ: Good morning. At the risk of 25 repeating some of what Mr. Furman has already said, the 9-09-02 34 1 State of Texas owns all the rivers, and all of them are 2 overseen by river authorities. Most of these authorities 3 cover several counties. Kerr County is lucky enough to have 4 its own single-county authority for U.G.R.A. All river 5 authorities in Texas have boards appointed by the governor, 6 usually with each county having one seat on a multi-member 7 board. Kerr County is lucky enough to have all nine of its 8 U.G.R.A. board members living and working here in Kerr 9 County. U.G.R.A. was created more than 60 years ago, and 10 has been an effective steward of the Guadalupe River for the 11 citizens of Kerr County. Nearly 40 years ago, the voters of 12 Kerr County did authorize U.G.R.A. to levy taxes in order to 13 fund its programs and operations on behalf of its citizens. 14 Last year, my husband and I paid $21 in U.G.R.A. taxes, and 15 we would gladly pay much more than that in order to insure 16 that U.G.R.A. can continue to protect and preserve the 17 Guadalupe River, and to develop programs for regional 18 surface water treatment, and for wastewater collection and 19 treatment programs. 20 Those who are trying to abolish U.G.R.A., I 21 believe, would be doing a great disservice to the citizens 22 of Kerr County. We all need to recognize that the Guadalupe 23 River is our most important natural and economic resource, 24 and that U.G.R.A. is, in fact, our only local caretaker of 25 that resource. U.G.R.A. needs our support now more than 9-09-02 35 1 ever. When you vote in favor of this resolution this 2 morning, you will be telling the citizens of Kerr County 3 that you support the mission of the U.G.R.A. And, 4 gentlemen, that is the right side of this issue to be on. 5 Thank you. 6 JUDGE HENNEKE: Thank you, Ms. Pená. Kitty 7 Cowden? 8 MS. COWDEN: Yes. My name is Kitty Cowden, 9 and I am the owner -- one of the owner/brokers of Remax here 10 in Kerrville. Our firm has closed over $25 million in sales 11 in the last two years, so we are very, very, very close in 12 touch with septic transfers and the workings of the staff at 13 the U.G.R.A. First of all, I'd like to say I have no 14 particular animosity towards any board member or any staff 15 member. My concern, and -- and I'd also like to tell you 16 and remind you that I have absolutely nothing to gain and 17 probably more to lose from standing up and speaking, but I 18 do feel like the citizens of Kerr County are being abused by 19 excessive red tape and excessive fees imposed by the 20 transfer process. And all I can say is, from what we have 21 seen of the U.G.R.A.'s operation, it is very unfair and 22 biased. I -- I just can't tell you how different it is to 23 be within -- within the view of so many -- especially 24 elderly retirees on fixed incomes, being charged exorbitant 25 transfer fees. I mean, I'm always amazed, even -- even if 9-09-02 36 1 it's a licensed system, the red tape and the constant 2 necessity of having to go back to the U.G.R.A. and go back 3 to ask for one more -- "Oh, well, we have to come out one 4 more time because we've got to charge you $50 for one more 5 time," when it's around the block. I -- you know, I -- I'm 6 fifth generation Kerr County. I've been here a long time. 7 The river is very, very important to me, and it is not 8 against control of -- of protecting water control -- water 9 quality that bothers me. It's a core group who are imposing 10 unfair, unreasonable fees and red tape on the citizens of 11 Kerr County. Thank you. 12 (Applause.) 13 JUDGE HENNEKE: Is there anyone who would 14 like to speak in favor of the resolution? Please give us 15 your name and address, ma'am. 16 MS. WARDLAW: Good morning. Thank you. My 17 name is Betty Wardlaw. I'm a citizen of the Center Point 18 area, and my husband Ken and I moved here about two years 19 ago from the Dallas area. We're owners of a bed and 20 breakfast inn, small inn on the Guadalupe River, and we are 21 also real estate brokers. So, I'm speaking to you in favor 22 of U.G.R.A. I appreciate greatly the group of people who 23 have brought to the forefront some of the issues that have 24 been discussed by those who are against your resolution. 25 This is part of the democratic process that I am very proud 9-09-02 37 1 to see going on, and I think they do raise some important 2 issues that need to be addressed. My concern is being sure 3 that we keep separate the way we enforce environmental 4 protection laws. And the -- the state and the federal 5 government have always been careful to place the enforcement 6 of those type of laws into an agency that is less 7 politically connected than some group like the Commissioners 8 Court. 9 The group of folks who are against U.G.R.A. 10 seem to think that somehow your Commissioners Court will end 11 up with enforcement of these rules, that we will not be 12 placed under another river authority, or that we were not -- 13 that you all will be the ones who end up doing this, and I 14 personally think that will not happen. The State 15 Legislature will continue to provide someone who is a 16 separate authority to do those kinds of duties. So, I agree 17 with Ms. Pená, who said we are so lucky to have this group 18 in our county under our -- you know, people who are living 19 here, who are doing this kind of direction. I'd also like 20 to remind those who are against this resolution that it is 21 going to cost money to enforce these rules. We have to 22 enforce the protection of our rivers and our groundwater, 23 and it's going to take money to do that. Whether that money 24 is taxed by -- or that dollar amount is decided on by 25 U.G.R.A. or by some other group, it's still going to be a 9-09-02 38 1 dollar amount that has to be paid, and it's likely that that 2 amount won't change if this -- these duties are given to 3 some other group. 4 There's been a lot of discussion about the 5 salary being paid to the director of U.G.R.A. I personally 6 feel that a person who knows a lot about water issues, who 7 is educated in that area, is a very valuable person. I 8 don't know what Mr. Brown's qualifications are, having not 9 been in the county very long, so I can't speak personally 10 for him, but I do feel that is an extremely important 11 position, and that someone who's highly educated and able to 12 keep us in the forefront of what's happening in water issues 13 is going to be a person who deserves a commiserate salary. 14 In closing, I would just like to say that I think there may 15 be those people who want to insert their personal issues 16 into what really is a huge community issue, and we need to 17 be careful to make sure that this is not a political impact, 18 but that we are making the decision based on what's best for 19 the community at large. Thank you. 20 JUDGE HENNEKE: Thank you, Ms. Wardlaw. At 21 this time, we're going to suspend consideration of this 22 agenda item because of the posted public hearings which I 23 made reference to earlier. After the second public hearing 24 at 10:30, we will resume consideration of this agenda item. 25 At this time, the Commissioners Court will go into recess 9-09-02 39 1 and we will open a public hearing on the proposed Kerr 2 County budget for Fiscal Year 2002-2003. 3 (The regular Commissioners Court meeting was closed at 10:01 a.m., and a public hearing 4 was held in open court, as follows:) 5 P U B L I C H E A R I N G 6 JUDGE HENNEKE: The proposed budget has been 7 on file with the Commissioners -- with the County Clerk's 8 office since last Thursday week, and was available for 9 review, and I have a copy here in front of me. At this 10 time, is there anyone who would like to address the Court on 11 the issue of the proposed Fiscal Year 02-03 budget? 12 COMMISSIONER BALDWIN: I do, I do. 13 JUDGE HENNEKE: You're not the public. Once 14 again, is there any member of the public who would like to 15 address the Court on the issue of the Fiscal Year 02-03 16 budget? Going once. Going twice. One more time, is there 17 anyone -- any member of the public who would like to address 18 the Court on the issue of the proposed Kerr County budget 19 for Fiscal Year 02-03? Mr. Thompson? 20 MR. THOMPSON: Mr. Henneke, I'd like to ask a 21 question. I'm Richard Thompson. I live at 3756 Medina 22 Highway in Kerrville, and I would like to ask the 23 Commissioners Court, because I haven't seen the budget, what 24 percentage of the budget is legal fees, of the County 25 budget? 9-09-02 40 1 JUDGE HENNEKE: What -- I'm going to have to 2 ask you a couple questions, Mr. Thompson. Do you mean legal 3 fees that are paid to court-appointed attorneys, or legal 4 fees that the County has budgeted for use in other areas? 5 We've many different varieties of legal fees. 6 MR. THOMPSON: What are the -- the two you -- 7 two categories you gave will be satisfactory, sir. 8 JUDGE HENNEKE: Okay. These are going to be 9 approximate numbers, if you'll accept those. 10 MR. THOMPSON: Surely. 11 JUDGE HENNEKE: In the budget, there is 12 budgeted for Commissioners Court Professional Services the 13 amount of $25,000. That's out of a budget of approximately 14 17 million, 5. That's the money that the Commissioners 15 Court typically uses for attorney's fees that are not paid 16 by our insurance. For instance, our deductible on suits 17 that arise out of slip-and-falls or incidents at the jail. 18 In the courts that we have, we have probably about in the 19 neighborhood of $300,000 allocated for attorney's fees for 20 court-appointed attorneys. These are for attorneys who are 21 appointed to represent indigents in criminal matters, or 22 attorneys who are appointed to represent the patients out at 23 the Kerrville State Hospital during the mental commitment 24 hearings, or attorneys who are appointed to represent 25 juveniles in juvenile court. So, again, that's a -- that's 9-09-02 41 1 a rough sum of approximately $300,000, again, out of a 2 budget of 17, 5. And the Commissioners Court has allocated 3 professional services in the amount of $25,000, so it's a 4 grand total of $325,000. 5 MR. THOMPSON: Thank you very much, sir. 6 JUDGE HENNEKE: You're welcome, Mr. Thompson. 7 Would any other member of the public like to address the 8 Court on the issue of the proposed Kerr County budget for 9 Fiscal Year 02-03? Mr. Thompson, obviously, that doesn't 10 include the cost of the County Attorney's office, which is 11 another approximately $350,000, okay? I just didn't want 12 to -- didn't want to confuse you on that issue. And we -- 13 we have to fund the County Attorney's office, and that 14 amount is probably another $350,000. 15 MR. THOMPSON: Sure. And, of course, the 16 State-mandated or federally-mandated attorneys for the 17 indigent is something which you can't avoid in any county. 18 JUDGE HENNEKE: That's true. 19 MR. THOMPSON: As well as having the County 20 Attorney to prosecute those criminals. 21 JUDGE HENNEKE: I just didn't want there to 22 be any misunderstanding. That also would be considered 23 attorney's fees. 24 MR. THOMPSON: But it's $600,000 out of 25 $17 million. 9-09-02 42 1 JUDGE HENNEKE: Between -- about $650,000 to 2 $700,000, right. Okay. 3 MR. THOMPSON: Thank you, sir. 4 JUDGE HENNEKE: Any other questions 5 regarding -- or any other comments regarding the proposed FY 6 02-03 budget? Seeing none, we will close the public hearing 7 and return to the Commissioners Court meeting. 8 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court 9 meeting was reopened.) 10 - - - - - - - - - - 11 JUDGE HENNEKE: The next item for 12 consideration is Item Number 10, which is to set a time of 13 10:15 a.m. on September 23rd, Year 2002, here in the Kerr 14 County Commissioners Courtroom for adoption of the FY 02-03 15 budget. 16 COMMISSIONER LETZ: So moved. 17 COMMISSIONER GRIFFIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner Letz, 19 second by Commissioner Griffin, that the Court set the time 20 of 10:15 a.m. on September 23rd, Year 2002, in the Kerr 21 County Commissioners Courtroom for the action on adoption of 22 the FY '02-03 budget. Any questions or comments? If not, 23 all in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: All opposed, same sign. 9-09-02 43 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Before we 3 take up the next public hearing, which is scheduled for 4 10:30, I would propose we move some of the other items. 5 COMMISSIONER BALDWIN: Yes. 6 JUDGE HENNEKE: Is that acceptable to 7 everyone? 8 COMMISSIONER BALDWIN: Yes, sir. 9 JUDGE HENNEKE: Let's go to Item Number 2, 10 which is approval and execution of Texas Workforce 11 Commission Child Care Local Initiative Agreement Amendment 12 so-and-so, Program number so-and-so. Brenda Chapman. 13 MS. CHAPMAN: Morning. 14 JUDGE HENNEKE: Morning, Brenda. 15 MS. CHAPMAN: Appreciate all the interest in 16 child care issues that we have here today. This 17 agreement -- amendment is due to receipt of additional funds 18 that were not used in other areas of the state that we are 19 able to use that we drew -- were able to get for our 20 community, for our -- for Kerr County. The amount of time 21 has also been extended to use these funds until August 2003. 22 We currently have 70 children on the initiative program. 23 These children have families who would not have had the 24 subsidy assistance without this program. C.C.D.S., which is 25 Child Care Delivery Services, has been closed for new intake 9-09-02 44 1 for the past year, and have not set any date of when they 2 will be open again for new intake, so this program is 3 definitely still needed. We -- this is an amendment of the 4 additional funds and extension of the time. We're also in 5 the process of pulling all our numbers together to do a new 6 contract, so we're trying to get as much money available 7 here in Kerr County to be able to assist the families. Do 8 you have any questions? 9 JUDGE HENNEKE: Anyone have questions of 10 Ms. Chapman? 11 COMMISSIONER WILLIAMS: So, the amount goes 12 up about $19,734, so that would take you to $68,000? 13 MS. CHAPMAN: Yes, sir. 14 COMMISSIONER WILLIAMS: Which will be spent 15 for people who need these funds in Kerr County only? 16 MS. CHAPMAN: Yes, sir. 17 COMMISSIONER WILLIAMS: That's correct? 18 Judge, I would move approval of execution of Texas Workforce 19 Commission Child Care Local Initiative Agreement Amendment 20 2002CCC000, Program 08220C03. 21 COMMISSIONER LETZ: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Williams, second by Commissioner Letz, that the Court 24 approve the Texas Workforce Commission Child Care Local 25 Initiative Agreement amendment and authorize County Judge to 9-09-02 45 1 sign the same. Any questions or comments? If not, all in 2 favor, raise your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE HENNEKE: All opposed, same sign. 5 (No response.) 6 JUDGE HENNEKE: Thank you, Brenda. 7 MS. CHAPMAN: Thank you. Here's -- they need 8 three actual copies, so I can pick them up later. 9 JUDGE HENNEKE: Okay. 10 MS. CHAPMAN: Okay. 11 JUDGE HENNEKE: Item Number 3 is to consider 12 and discuss request for a variance for replatting of Lot 49 13 in Kerrville Country Estates. Commissioner Baldwin? 14 COMMISSIONER BALDWIN: Thank you. We want to 15 do this a little bit different. Generally, we have the 16 County Engineer's office get up and talk first, but I'm 17 going to ask Mr. Evans if he would come first and then our 18 County rep come and talk about it. If you'd come to the 19 podium, Mr. Evans, please? 20 MR. EVANS: Thank you. My name is Von Evans. 21 I live in Kerrville Country Estates. This is -- the point 22 of me being here is to ask for an exemption of a replat of 23 Lot 49, which is located in Kerrville Country Estates on 24 what is now Limestone Ridge, previously Mountain Laurel 25 Trail. If you look at Exhibit A there, you can see the 9-09-02 46 1 exact location. Mr. Kenneth Scott, the owner of Lot 51, as 2 well as Lot 49 -- and they are adjacent properties -- and I, 3 who own Lot -- I own Lot 48, which is adjacent property 4 also, we have come to an agreement that we're going to 5 divide the property equally in order to maintain the 6 tranquility and integrity of our properties. The relief of 7 the -- of Lot 49 is such that it would be very, very 8 difficult for anyone to build anything on that property, 9 except very near to the road. 10 In buying this property, we -- we have, by 11 contract, agreed to leave the property as it is. Now, we 12 also have the first right of refusal, so if something were 13 to happen to him or something were to happen to me and our 14 wives decided to sell the property, then, of course, they 15 have the -- either one of us would have the first right of 16 refusal at that time. The -- the thing we're trying to do 17 is to avoid the time and the -- and the expense of a replat. 18 I've talked to Mr. Cowan of KPUB, and I have a written 19 statement here by him that says that replatting would be of 20 no consequence whatsoever; in his opinion, it wouldn't be 21 necessary in order for KPUB to provide the services to 22 either piece of property or to the property in total, which 23 of course will be upon the advent of the first right of 24 refusal. 25 The dimensions of the property are -- are 9-09-02 47 1 restrictive, as indicated there in the Exhibit A, B, C, and 2 E. The easement -- we have no problem with easements. 3 Like, for instance, we split the property. We know by the 4 survey that there's going to be a line right down the 5 middle. Our community restrictions, which are excellent, 6 says that each and every property has a 10-foot easement to 7 each side of the property line. We have no -- we have no 8 quarrel with that. If we replatted the property, you know, 9 and went through the expense of it all and then took 10 advantage of the first right of refusal, then another 11 replatting of the same property would be required again, so 12 we feel like that -- that it's really not necessary. The 13 reason that we have to -- to do this and to get the County's 14 consent is because I'm financing the property through the 15 Texas Veterans Land Act -- or Land Board, and they say that 16 you have to have a statement from the County saying that 17 you're not in violation or that it really doesn't make any 18 difference to -- the property can be sold simply through 19 metes and bounds, as other properties have been sold in our 20 community. 21 So, that's the -- oh, another thing, too, is 22 that under the provisions -- the general provisions and 23 purposes also states that the replatting is not required if 24 the land is to be used primarily for wildlife management, 25 farm, ranch, or timber. Neither party is trying to get an 9-09-02 48 1 agricultural exemption. First of all, you have to have a 2 minimum number of 20 acres. We don't. Then it has to be 3 under agricultural exemption before you can even get a 4 wildlife exemption. But I believe that, through the 5 agreement by contract to leave Lot 49 in the pristine 6 condition that it is presently in, might also meet that 7 exemption or the requirement or what-have-you. You might 8 see an attachment of our Covenants and Conditions and 9 Restrictions, which I think are very good. As I told 10 Buster, I always wanted chickens; they said you can't have 11 them. I don't have chickens. But that's -- that's really 12 the whole thing, is we're just simply trying to forego the 13 need of a replatting. We've already had the survey done, 14 and -- and then on top of that, then we would have to go 15 through the replatting survey. And I've also agreed with 16 Mr. Cowan that -- that I will provide KPUB with a copy of 17 the survey that has been done. Thank you. 18 COMMISSIONER BALDWIN: Thank you, Von. 19 Franklin? Do you have -- don't get up if you don't want to. 20 Do you have a comment or -- from the County's side? 21 MR. JOHNSTON: We received a copy of this 22 survey. They had asked the question if it needed to be 23 platted just last week, and it showed up on the agenda, so 24 I'm not sure how the process is going here. But I looked at 25 the -- the conditions, and it appears to be a -- Subdivision 9-09-02 49 1 Rules requires, you know, a revision of plat. That's been 2 the position taken by the Court in a platted subdivision. 3 If properties are divided, that needs to be -- plat needs to 4 be revised. I think the only variance item that would be 5 required would be the frontage. I think it does -- the 6 particular shape of this lot doesn't have the frontage 7 requirement for two lots, but that would be something we'd 8 need to look at during the process. It's not a -- it's not 9 combining lots, you know, so I guess the -- the notification 10 wouldn't be waived. It is less than four, but it's not 11 actually combining lots. 12 COMMISSIONER BALDWIN: You're talking about 13 the frontage? You're talking about the 200 foot? 14 MR. JOHNSTON: Frontage on the road. 15 COMMISSIONER BALDWIN: Frontage requirement 16 that we have. You know, that -- it never was there. I 17 just -- I don't see how that we can go back and deal with an 18 old subdivision and require 200 feet, when 200 feet was 19 never there in the beginning. 20 MR. JOHNSTON: In its present condition, it's 21 grandfathered in, but I think once it -- you know, they -- 22 they want to change it, I think that's the time for it to be 23 looked at. But I don't think it's critical right now. 24 COMMISSIONER LETZ: That's not an issue, I 25 don't think. 9-09-02 50 1 COMMISSIONER BALDWIN: Yeah. He made the 2 comment that there was a variance. That's the reason -- 3 COMMISSIONER GRIFFIN: I've got a question. 4 If -- if you change a property line in a platted 5 subdivision, what instrument -- legal instrument is going to 6 be on file in the Clerk's office that says you did that? If 7 it's not a replat, what does it? What -- 8 MR. JOHNSTON: I think, according to our 9 rules, a replat is the instrument. 10 COMMISSIONER GRIFFIN: Is it -- you see the 11 question I'm asking? What legal instrument actually divides 12 the property? Irrespective of what agreement may be between 13 the two homeowners, which are good, it's just that if you -- 14 you're adding a property line or moving a property line, 15 you've got to have something on record that says here's 16 where the new legal -- on record that says here's where the 17 new property line is. What instrument would do that? 18 COMMISSIONER BALDWIN: Well, the metes and 19 bounds, I understand, is a -- is a document that -- see, 20 that's always been my concern. As long as -- long as 21 there's something in the records that we can go back and 22 refer to later, I don't care if it's a chicken or a turkey. 23 But my understanding is that doing it by metes and bounds, 24 which they have done several of them in this particular 25 subdivision, that that is the document that's on file. 9-09-02 51 1 COMMISSIONER LETZ: My view is that -- I 2 mean, clearly, it's a minor replat. I mean, it's not a 3 plat -- it's a minor revision of plat, is what I think the 4 terminology is. And, you know, I don't see how you -- I 5 mean, if we don't require a revision of plat, then we get 6 into a situation of having plats on file that are not 7 accurate, and I don't -- and that's the reason I don't see 8 there's any way around doing a revision of plat. I think 9 there's several ways that Mr. Evans and Mr. Scott could do 10 it. They could -- assuming they -- you know, the 11 subdivision -- the Homeowners Association covenants allow, 12 but they could divide Lot 49 and each take -- and then -- 13 just, you know, each use it, 'cause it would be -- it's 14 10.11 acres, so they could divide it in two 5-acre lots, 15 which would meet our minimum requirements still, or they 16 could -- that way you'd have Lots 48, 49A1, 49A2, and then 17 Lot 51, or you could -- you could basically eliminate Lot 49 18 and put it into 48 and 51. So, either way, it's a minor -- 19 it can go through court basically at one meeting. 20 MR. JOHNSTON: It's my understanding, talking 21 to the surveyor, that they want to divide them into two 22 5-acre tracts. 23 COMMISSIONER LETZ: The only problem I see 24 with that, that there would be a required variance in that 25 -- in that scenario, in that -- well, assuming they're going 9-09-02 52 1 to divide it across the east-west -- the back portion. 2 MR. JOHNSTON: Have you got a copy of what 3 they're proposing to do? 4 COMMISSIONER LETZ: I didn't see a -- 5 COMMISSIONER BALDWIN: Von? 6 COMMISSIONER LETZ: Okay. 7 COMMISSIONER BALDWIN: Why don't you come up 8 here, just in case you can answer some questions. 9 COMMISSIONER LETZ: Yeah. That would, you 10 know, be a little bit more of a -- 11 MR. JOHNSTON: That's very small, just the 12 shape of the lot. 13 COMMISSIONER LETZ: -- frontage issue under 14 that scenario. But I probably -- I mean, I would go along 15 with a variance on the frontage element on that drawing. 16 COMMISSIONER GRIFFIN: But I'm trying to 17 still think through the process of how you -- how you arrive 18 that you don't need a plat, that that doesn't have to be 19 replatted. If, as you say, you would end up then with a 20 plat on record in the Clerk's office that's incorrect, 21 another legal instrument somewhere else that says, oh, we 22 did make this division. And -- 23 COMMISSIONER LETZ: And I think the -- on the 24 minor revision scenario, the cost is -- is still there. 25 There's some, but it's not as much as the -- you know, 9-09-02 53 1 having to do a -- a full replat or revision. 2 COMMISSIONER GRIFFIN: If you've already got 3 the survey done, that's usually the biggest part of the 4 cost, is it not? 5 MR. EVANS: The survey was going to be about 6 $600. The full replat's going to be $2,000. 7 COMMISSIONER LETZ: You don't need a full 8 replat. There's a provision for a minor revision, which 9 this would qualify for. 10 MR. JOHNSTON: That's why the Commissioners 11 Court publishes the notice in the paper three times, but 12 they don't have to send out notification for less than four. 13 COMMISSIONER LETZ: And it needs to be 14 done -- 15 COMMISSIONER GRIFFIN: Done at one court 16 session. 17 COMMISSIONER LETZ: Basically one time, have 18 a hearing, then the court session right after it, and it's 19 done. And you don't -- there's not as many required 20 signatures and reviews. For example, U.G.R.A., Headwaters, 21 they wouldn't even have to look at it. 22 JUDGE HENNEKE: What's the pleasure of the 23 Court? 24 COMMISSIONER BALDWIN: Well, we're not going 25 to win this one, I can see that right now, so let's pull 9-09-02 54 1 this one and regroup and go another route. 2 MR. EVANS: I don't understand. 3 COMMISSIONER BALDWIN: What we have on the 4 agenda today is not going to happen. 5 MR. EVANS: Right. 6 COMMISSIONER BALDWIN: But, as Commissioner 7 Letz was talking about, there is another route that's 8 similar to this, but in more of a -- a cleaner way of doing 9 it. 10 MR. EVANS: Okay. I just made the request 11 because I -- you know, I'm trying to -- actually, you know, 12 the purpose of this whole thing is that I've got 9.99 acres, 13 okay? And our community's restrictions, which I really 14 believe in, says that my wife, on my demise, could not 15 divide the property, because each property, in order to 16 build a home on it, has to be 5.00 acres. So, I'm buying 17 5.0-something acres in order to provide my wife with the 18 capability of trying to sell that property in the event of 19 my death. And -- and so that was really the whole purpose 20 of me buying the property. And so -- and then we run into 21 all of this -- all of this. And I understand you've got 22 your rules and regulations, but I certainly wish I could buy 23 that property through Texas Veterans Land Board. 24 JUDGE HENNEKE: Thank you, Mr. Evans. 25 MR. EVANS: Thank you. 9-09-02 55 1 JUDGE HENNEKE: Let's do Item Number 4, then 2 we'll have our next public hearing. Item Number 4, consider 3 and discuss request by the City of Ingram that Kerr County 4 quitclaim its interest in the Indian Creek Dam to the City 5 of Ingram and contribute $17,500 for repairs to that 6 structure. Commissioner Griffin, do you want to speak to 7 that? 8 COMMISSIONER GRIFFIN: Yes. You know, this 9 has gone on for how long now? We've probably been looking 10 at it for a couple years totally. And we had several 11 estimates made. We talked through several scenarios about 12 how we might get clean ownership of the dam, having it done 13 the way the City of Ingram would like to have it done. And 14 so this was the latest proposal, which has actually been on 15 the table now for some -- some time, and that is that the 16 County would -- if we have any interest -- we're not real 17 sure about whether we do or not, but we would quitclaim 18 any -- any interest in the Indian Creek Dam to the City of 19 Ingram, and they -- we would provide $17,500, which is based 20 on an earlier request. That's not all that would be 21 required by any means, but that the County would -- would 22 contribute $17,500 along with that quitclaim to bring that 23 dam up to a standard that everybody agrees would be a good 24 one. And that's where we are. I think it's probably a good 25 way to do it. I think it's a way that the dam gets the kind 9-09-02 56 1 of attention it needs, now and in the future, and there 2 would be clear ownership by the City of Ingram. I'll make 3 the proposal that we do exactly what this agenda item 4 proposes, but -- I mean, I'll make that motion, but if there 5 are other comments -- 6 COMMISSIONER BALDWIN: I have zero problem 7 with quitclaiming the property to the City of Ingram. I 8 can't get my mind around sending $17,500 with it. If 9 they're going to -- I mean, they own it. Why would we pay 10 for the repairs? I don't get it. 11 COMMISSIONER GRIFFIN: Well, that's part of 12 the deal. That's a negotiating position, in that the 13 ownership at the present time is not clear. And with the 14 County, it's an issue of liability. So, it's a sort of 15 payment now at an amount we can control against any future 16 liability, or we stand the risk of being open to great 17 liability if something happens. 18 COMMISSIONER BALDWIN: I understand the game, 19 and that's what it is. It's -- is this -- the 17, 5 is 20 based on a bid, if I remember, a bid for repairs. 21 COMMISSIONER GRIFFIN: Yes, and it was a 22 partial bid. Danny, help me here just a little bit, if you 23 can. 24 MR. EDWARDS: We had -- my name is Danny 25 Edwards, City Attorney for the City of Ingram. We actually 9-09-02 57 1 had two bids. One was for $17,500; then we had another one 2 come in at $35,000, almost the same job. We encountered 3 difficulties, because it's difficult to find workers here 4 who comply with the law -- requirements of the law 5 concerning government contracts; for instance, having 6 workers compensation, et cetera. We've also tried to do 7 some experimenting on other ways to have this bridge 8 repaired. We called the good Judge and asked him if we 9 could get some permission to do some experimenting on it. I 10 appreciated very much that he said he couldn't give me a 11 position 'cause y'all don't own it, so he couldn't give us 12 permission. 13 So, we've -- we've tried some epoxies, we've 14 tried some other methods to try to reduce the cost. But, 15 because it's budget time, Commissioner, we just felt like 16 this needed to be disposed of now. And it may cost more 17 than 17, 5 and it may cost less. We think it will cost 18 more, but 17, 5 is the only figure that we can give you, 19 because we have a bid that we know we can do it for that, 20 but it may very well cost more to do it. Also, as a 21 condition of -- as I wrote in my letter to the Judge, when 22 we take it, it will be on our insurance policy and we will 23 start insuring it for purposes of liability, et cetera. So 24 both the public and the City are protected. It will take 25 the liabilities off the shoulders of the County. I think 9-09-02 58 1 that's about all I can add to it. 2 COMMISSIONER GRIFFIN: Yeah. That's the 3 issue. 4 COMMISSIONER WILLIAMS: Commissioner, have -- 5 I'm sorry, Buster, go ahead. 6 COMMISSIONER BALDWIN: So, if the -- if the 7 bid is 17, 5, why don't we share that with the City of 8 Ingram? Why don't we -- if we're going to participate 9 financially, why don't we pay half of that? 10 COMMISSIONER GRIFFIN: Well, I'm not sure -- 11 well -- 12 COMMISSIONER BALDWIN: Because they won't 13 take it? 14 MR. EDWARDS: You're going back to square 15 one. We've been through all this. 16 COMMISSIONER BALDWIN: I know. I know. And 17 y'all's -- your position is, we won't take it if you don't 18 pay for it? 19 MR. EDWARDS: That's correct. 20 COMMISSIONER BALDWIN: Okay. That's a bad 21 position, in my opinion. 22 (Laughter.) 23 COMMISSIONER WILLIAMS: Commissioner, where 24 would the 17, 5 come from? Road and Bridge? And, if so, 25 which fund? 9-09-02 59 1 COMMISSIONER GRIFFIN: It would come out 2 of -- I don't know which fund. It would have to be in next 3 year's budget. 4 COMMISSIONER WILLIAMS: Next year's budget? 5 JUDGE HENNEKE: It would have to be an item 6 that we would add to the next year's budget. There are no 7 current funds for this project. 8 COMMISSIONER WILLIAMS: I didn't think so. 9 That's the reason I asked. 10 MR. MOORE: Is there public input into -- 11 JUDGE HENNEKE: Go ahead. Step up, sir. 12 MR. MOORE: I'm Ed Moore from Molina Road out 13 there in Upper Turtle Creek. Did I hear this gentleman say 14 that -- someone here said we don't own it? 15 JUDGE HENNEKE: That's correct. 16 MR. MOORE: But you're going to give him 17 money? 18 JUDGE HENNEKE: That's -- that's the 19 proposal. The proposal is for the County to contribute to 20 the repair and refurbishing of the structure. 21 MR. MOORE: Okay. 22 JUDGE HENNEKE: We don't claim ownership. We 23 don't have a document that -- Road and Bridge Department has 24 looked; there's nothing that transfers ownership of that 25 structure from whoever built it to the County. So, I don't 9-09-02 60 1 own it, so if you go out there and fall off of it, don't 2 call me. 3 MR. MOORE: I understand you're clearing up 4 something, because -- no offense, but wait a minute, we 5 don't own it and we're going to pay for it? I don't 6 understand. I better understand it now. 7 MR. EDWARDS: The City doesn't own it, 8 either. 9 MR. MOORE: I better understand. I heard 10 that we don't own it, but you're discussing moneys. I thank 11 you very much for your time. I understand now. 12 COMMISSIONER WILLIAMS: Did we eliminate your 13 confusion? 14 MR. MOORE: I was confused. 15 COMMISSIONER GRIFFIN: One of the problems is 16 that the ownership is clouded. That's what we're trying to 17 straighten out with the quitclaim side. If we were to have 18 an accident or something, something bad happen on the Ingram 19 -- the Indian Creek Dam at the moment, I have a suspicion 20 that whoever was the injured party would come after Kerr 21 County, -- 22 MR. MOORE: Everybody. 23 COMMISSIONER GRIFFIN: -- City of Ingram, 24 State of Texas, anybody else they can go after. So, it's a 25 liability issue because of this clouded ownership. What 9-09-02 61 1 we've tried to do over the last several months is come up 2 with a solution to this that clarifies the ownership, but 3 that recognizes that the County -- if we have any 4 responsibility whatsoever, that we have absolved ourselves 5 of that with the financial contribution that we would make 6 to the repairs, because the dam is in need of repairs. To 7 meet anybody's -- to meet anybody's specifications and 8 criteria for dam construction, it needs to be repaired. 9 And, certainly, we don't want to lose it as an asset to the 10 community. So, the horns of the dilemma is, we've come up 11 with this as a negotiated position. We can either approve 12 it, disapprove it, or whatever, but that's where we are. 13 COMMISSIONER WILLIAMS: I'm in favor of 14 getting rid of it. I would suggest the funds come out of 15 the Schreiner Road Trust, which can only be used for 16 Precincts 1 and 4. 17 COMMISSIONER BALDWIN: Absolutely not. 18 (Laughter.) 19 COMMISSIONER BALDWIN: I don't think that -- 20 no, Schreiner Trust funds guidelines are a lot tighter than 21 that. 22 JUDGE HENNEKE: It's no longer being used as 23 a roadway; it wouldn't qualify for -- 24 COMMISSIONER WILLIAMS: You got out of that. 25 COMMISSIONER BALDWIN: I got out of that one. 9-09-02 62 1 JUDGE HENNEKE: You can -- 2 COMMISSIONER BALDWIN: I would -- just to be 3 on the safe side and being good stewards of taxpayers' 4 money, I would think that we would -- let's find out -- 5 let's make sure where the 17, 5 is going to come from and 6 where it's going to be in the budget before we vote. 7 COMMISSIONER LETZ: I -- I agree with that. 8 My only comment is that, I mean, it's a western Kerr County 9 issue more than an eastern Kerr County issue. I think it 10 does sort of a community good. I think it's -- we don't 11 want to lose the asset, but I really don't see how it comes 12 under Road and Bridge. I don't think it's Road and Bridge 13 and Dams. I think it ought to come under -- if we're going 14 to find the money to do it, to me, it ought to be easy to 15 find what we did and bring it out under Commissioners Court, 16 'cause -- just as a special line item, or -- or somewhere 17 where it's easy to see. Because, I mean, I don't see that 18 it's a Road and Bridge function. It would be like 19 putting -- like buying a copier for somebody in Road and 20 Bridge just because they have a big budget. I mean, I don't 21 see that logic. 22 COMMISSIONER BALDWIN: It used to be a Road 23 and Bridge function, but it's not any longer. 24 JUDGE HENNEKE: Again, the contemplation is 25 that next year's budget would be amended to add this sum? 9-09-02 63 1 COMMISSIONER LETZ: Right. 2 JUDGE HENNEKE: Under Commissioners Court 3 under Indian Creek, whatever, you know. 4 COMMISSIONER GRIFFIN: I'm going to make the 5 motion, then we can vote on it if you want to, but I'm going 6 to make a motion that we -- that we amend the next year's 7 budget by $17,500 to go to the City of Ingram to resolve 8 this issue, as outlined in the agenda item and in the letter 9 from Mr. Edwards. 10 COMMISSIONER LETZ: Where in the budget? 11 COMMISSIONER GRIFFIN: Commissioners Court. 12 Special line item, one-time payment. 13 COMMISSIONER LETZ: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Griffin, second by Commissioner Letz, that the Court 16 authorize execution of a quitclaim deed from Kerr County to 17 the City of Ingram for the interest of Kerr County, if any, 18 in the Indian Creek Dam, and that, further, Kerr County 19 contribute $17,500 for repairs to that structure, to be 20 shown as a line item in the Commissioners Court budget for 21 next year's budget. 22 COMMISSIONER LETZ: Brief comment, also. I 23 mean, I'm just making this -- this has been dragging on for 24 two years, whatever y'all said, and it needs to be resolved. 25 I don't like the fact that the County is paying money 9-09-02 64 1 particularly, but it is a -- it serves all the community 2 good, in my opinion, and that's the reason I'm in favor of 3 it. 4 COMMISSIONER GRIFFIN: You said it better 5 than I did. 6 COMMISSIONER BALDWIN: Will this require a 7 tax increase? 8 JUDGE HENNEKE: No. 9 COMMISSIONER GRIFFIN: No. 10 COMMISSIONER BALDWIN: We don't know that for 11 positive, though, until we get down to look at it. I think 12 Tommy had a comment or a question, maybe. 13 MR. TOMLINSON: I don't know how much benefit 14 this -- this dam has for flood control, but I think if we -- 15 if it broke, I'm sure we would have a flood problem, so we 16 do -- we do have a fund for that purpose, for flood control. 17 COMMISSIONER BALDWIN: Okay, I'll go along 18 with that. 19 MR. TOMLINSON: And it's -- it's a fund that 20 the County has maintained for -- for numbers of years, and 21 there are no tax dollars in this budget that go into that 22 fund. It's -- the only revenue that goes into that fund at 23 the current time is, you know, interest only, so it would be 24 my -- my thought that that would be a good place to -- to 25 take this fund. 9-09-02 65 1 JUDGE HENNEKE: So in next year's budget, we 2 would show it as a flood control item? 3 MR. TOMLINSON: Yes. 4 JUDGE HENNEKE: And you are about to amend 5 your motion? 6 COMMISSIONER GRIFFIN: I've just amended my 7 motion. That's what I was trying to do. The money's there. 8 I amend my motion that it comes from the Flood Control fund 9 in next year's -- 10 COMMISSIONER LETZ: Second. 11 JUDGE HENNEKE: Second. Any other questions 12 or comments? 13 COMMISSIONER BALDWIN: I think $17,500 is too 14 much, but I will vote that we do it. 15 JUDGE HENNEKE: Okay. 16 COMMISSIONER BALDWIN: Now that the budget 17 issue is straightened out. 18 JUDGE HENNEKE: If there are no more comments 19 or questions, all in favor, raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. All right. 24 At this time, we will again recess the Commissioners Court 25 meeting and open a public hearing on the proposed Kerr 9-09-02 66 1 County tax rate for FY 02-03. 2 (The regular Commissioners Court meeting was closed at 10:35 a.m., and a public hearing 3 was held in open court, as follows:) 4 P U B L I C H E A R I N G 5 JUDGE HENNEKE: Actually, legally, we are not 6 required to have this public hearing, because the tax rate 7 is exactly the same as it was this year. However, we're 8 more than happy to bring this issue to the public. So, at 9 this time, if there's anyone who wishes to make a comment to 10 the Court on the proposed Kerr County tax rate for FY 02-03, 11 which I will again state is the same, which is 37.21 cents, 12 as it was this current year. So, is there any citizen who 13 would like to address the Court on the proposed tax rate for 14 FY 02-03? Going once. Going twice. Any comments on the 15 tax rate? If not, I will close the public hearing. 16 (The public hearing was concluded at 10:36 a.m., and the regular Commissioners Court 17 meeting was reopened.) 18 - - - - - - - - - - 19 JUDGE HENNEKE: We'll return to the 20 Commissioners Court meeting and take up Item Number 12, 21 which is consider and discuss setting September 23rd, Year 22 2002, at 10:30 a.m. in the Kerr County Commissioners 23 Courtroom, for adoption of the FY 02-03 tax rate. 24 COMMISSIONER BALDWIN: So moved. 25 COMMISSIONER WILLIAMS: Second. 9-09-02 67 1 JUDGE HENNEKE: Motion by Commissioner 2 Baldwin, second by Commissioner Williams, that the Court set 3 September 23rd, Year 2002, at 10:30 a.m. in the Kerr County 4 Commissioners Courtroom for adoption of the FY 02-03 tax 5 rate. Any 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. At this 11 time, we're going to take a break. Let's come back at 10 12 minutes to 11:00. 13 (Recess from 10:39 a.m. to 10:50 a.m.) 14 - - - - - - - - - - 15 JUDGE HENNEKE: Let's come back to order, 16 please. As we announced earlier, we'll return to 17 consideration of Item Number 1, which is resolution in 18 support of the U.G.R.A. The next speaker is Bernard Syfan. 19 MR. SYFAN: Thank you for this opportunity to 20 address this. I think it's important. My name is Bernard 21 Syfan, and I stand here today to support the tenets of what 22 many of us recall as Darrell Lochte's U.G.R.A. Many of us 23 remember Darrell Lochte's U.G.R.A. It had a good name. It 24 was there to serve the best interests of the river and the 25 people. Darrell Lochte's U.G.R.A. no longer exists. Today 9-09-02 68 1 it's been replaced by a very different U.G.R.A., which has 2 become a four-letter word, in spades. A couple of years 3 ago, in a Commissioner's meeting such as this, it overflowed 4 into upper chambers, just as we did today. Among the many 5 who spoke out was a septic system contractor. His name was 6 Marty Brewer. Marty Brewer had the audacity to speak the 7 truth about some of the misguided policies of today's 8 U.G.R.A. Marty Brewer was calm, accurate, and direct. 9 Marty Brewer spoke the truth, and it cost him his 10 livelihood. By some very strange coincidence, Marty Brewer 11 could no longer get any systems approved by today's U.G.R.A. 12 Marty Brewer was blackballed. He was choked to death by 13 today's U.G.R.A. 14 Some of you may recall in a meeting of the 15 U.G.R.A. Board that a realtor in Kerrville described some of 16 today's U.G.R.A.'s, quote, "Gestapo" tactics. That board 17 was shocked. They were and remain in denial. The U.G.R.A. 18 Board has turned a blind eye to the people and has let the 19 present management of the U.G.R.A. blacken its name. The 20 citizenry that remembers Darrell Lochte's U.G.R.A. has risen 21 up against today's U.G.R.A., which has caused, at least in 22 part, a portion of this Court to be a lame duck 23 Commissioners Court. It's this same lame duck Commissioners 24 Court that now seeks to heap praise on today's U.G.R.A., in 25 spite of its misdeeds. The O.S.S.F., or septic system 9-09-02 69 1 program, was set up by the State and was adopted by this 2 Commission, but it is -- at first, "and it is sound and in 3 the best interests of the river, we, the people of the state 4 of Texas...," and it can be administered in a 5 people-friendly fashion and still get the job done. That is 6 your job. Today's U.G.R.A. has only raised the ire of the 7 citizenry of this county. We urge you to reconsider 8 carefully any decision to heap praise on today's U.G.R.A. 9 The U.G.R.A. manager has engineered this whitewash job of 10 himself, as well as a similar one which is on tomorrow 11 evening's agenda at the Kerrville City Council. Make no 12 mistake -- make no mistake that your name on this "atta-boy" 13 is an open endorsement of today's abusive administration, 14 and it could well prolong it. We understand that reigning 15 in the management will open up an opportunity for peace in 16 the county. I think it's time for you to take time and 17 think about this and look before you leap. Thank you very 18 much. 19 (Applause.) 20 JUDGE HENNEKE: Jerry Ahrens. 21 MR. AHRENS: My name is Jerry Ahrens. I 22 reside at 1010 Whiskey Canyon. I'm currently a board member 23 of U.G.R.A. First of all, I want you to rest assured that 24 U.G.R.A. has no ownership in Indian Creek Dam. 25 (Laughter.) 9-09-02 70 1 MR. AHRENS: We've been accused of a lot of 2 things; I just want to set that straight. The first three 3 people speaking against U.G.R.A. have specifically spoken 4 about O.S.S.F. Your resolution today is much more general 5 than that. But since we have brought up O.S.S.F., I want to 6 mention to everyone that that is a County program, 7 administered by the U.G.R.A. And I want to also point out 8 that we're happy to do it. You can see how difficult it is 9 to understand the rules and to administer the rules. We try 10 our best, and we're happy to do it, because we see that as 11 an important program that affects the water quality of the 12 river and its tributaries. So, as you in the coming months 13 anticipate whether to do this yourselves, please take note 14 that it's not a popular program. 15 I'm here also if you have any questions about 16 U.G.R.A. or even the administration of the O.S.S.F. 17 President Weinheimer asked me earlier this year to write a 18 customer satisfaction or complaint survey, which I did. It 19 is now sitting on the front desk in our building. Any 20 customer that has a complaint can take that form, fill it 21 out, and then it does not go to anyone on the staff; it goes 22 straight to the Board of Directors, and at this time it goes 23 straight to Joe Armistead. And, to my knowledge, he's had 24 one complaint, and that's one that you've heard about from 25 Judge Stacy. And Joe responded and worked with Judge Stacy. 9-09-02 71 1 So, even though we have continuing -- we hear about 2 complaints, I know of only one actual complaint. And if 3 there are others, there's your mechanism to take it out of 4 the staff's hands and take it straight to the board. 5 I think it's a good way to -- to be more 6 customer-friendly in the -- in an area that's difficult to 7 administer. And we don't have variances in that area. Any 8 kind of variance that needs to be done has to come back 9 through you. So, that's the way it should be. It's not up 10 to us to pick and choose whose system is going to pass. So, 11 I'm focused also on O.S.S.F.; sorry to do that. If you have 12 any questions in general, please ask me, but at this time I 13 thank you for your consideration -- your timely 14 consideration of this resolution, and ask for your approval. 15 JUDGE HENNEKE: Thank you, Mr. Ahrens. 16 MR. AHRENS: Thank you. 17 JUDGE HENNEKE: Richard Thompson. 18 MR. THOMPSON: My name is Richard Thompson. 19 I'm a resident of 3756 Medina Highway in Kerrville, Texas. 20 My questions about the U.G.R.A. today would be what are they 21 trying to hide? Why is the U.G.R.A. suing the Attorney 22 General of the State of Texas, who has ordered them to open 23 records, and incurring great legal expense for something the 24 Attorney General says that they should do? This is, to me, 25 very strange. I'm also concerned that, in their financial 9-09-02 72 1 records, they show almost 25 percent of their budget for 2 legal expense. And, sir, you told me the County's legal 3 expense, including that for indigenous people, amounts to 4 only 3 percent. What would we do in our school system if we 5 spent 25 percent for attorneys? What would we do in the 6 County? You'd have no money for anything else. Something 7 seems to be wrong, and I think that we need to get this 8 corrected. Thank you, sir. 9 JUDGE HENNEKE: Thank you, Mr. Thompson. 10 (Applause.) 11 JUDGE HENNEKE: Ken Wardlaw. 12 MR. WARDLAW: My name is Ken Wardlaw. I live 13 at 106 Skyline, Center Point. I'm really glad that this is 14 going on like this. I really appreciate the democratic 15 process taking place. We've heard a lot of complaints about 16 U.G.R.A., and I believe we've heard a lot of complaints in 17 certain areas. There probably are some things that need to 18 be fixed, and there's got to be a process to fix those, but 19 I think severing the head to cure a problem -- a small 20 problem is overkill. I think when people have the best 21 interests of others at heart, we don't need things like 22 State-mandated auto inspections or speed limits, but when 23 people's money gets involved, other people's interests seem 24 to fall farther and farther down the -- down the line. I'm 25 glad that the septic regulations are being enforced. When 9-09-02 73 1 I've called U.G.R.A., I got timely, reasonable answers. I 2 thought the charges that they charged were reasonable for 3 what took place, comparing those to other fees that are 4 involved in real estate transactions in another part of 5 Texas that I've lived in. I understand that the -- the 6 septic licensing are set by the State, which is -- except 7 for one thing, which is inspection, and that's set by the 8 Court. And seems like when real estate is transferred, it's 9 the perfect time to inspect a septic system; it's the 10 perfect time to bring it up to code so that it does have 11 everybody's best interests at heart. I appreciate your 12 time. Thanks. 13 JUDGE HENNEKE: Thank you, Mr. Wardlaw. Roy 14 Johnson. 15 MR. WARREN: He had to leave, Judge. 16 JUDGE HENNEKE: All right. Bob Warren. 17 MR. WARREN: Who? 18 (Discussion off the record.) 19 MR. WARREN: Sir, my name is R.E. Warren, and 20 I live in west Kerr County on Bluff Trail Ranch, which I 21 think Buster's familiar with. 22 COMMISSIONER BALDWIN: I am. 23 MR. WARREN: I really don't have anything 24 against or for the U.G.R.A. What I do have is, I'm asking 25 about redundancy that exists in all of the alphabets that 9-09-02 74 1 we've got. We got the T.N.R.C.C., we got the T.W.B. and we 2 got the Headwaters group and we got the Commissioners County 3 Court and we got all of this. And, as a simple landowner, 4 it's hard for me to live to all of the -- or even be aware 5 of all of the things. It appears to me that a lot of the 6 positions and jobs that come under the Commissioners Court 7 are farmed out to other entities. I'm not sure this is a 8 good idea or this is a bad idea, but each one of these 9 entities has a taxing authority attached to it, and that 10 concerns me. It goes -- it goes without saying that if 11 we're going to keep people coming into our county and we're 12 going to keep the current residents, we've got to do several 13 things. One is provide them with services, and two is to 14 keep the tax rate down to a point whereby we, as the 15 taxpayers, can afford them. Thank you. 16 JUDGE HENNEKE: Thank you, Mr. Warren. 17 (Applause.) 18 JUDGE HENNEKE: Bill Taylor. 19 MR. TAYLOR: My name is Bill Taylor. I 20 reside at 150 Roundabout Lane in Kerr County, Texas. I come 21 today representing the Kerrville Area Chamber of Commerce. 22 We, in our most recent work session on August 23rd, 23 discussed the U.G.R.A., and we have -- we have a statement 24 we'd like to say today. I am the Chairman of the Board of 25 the Kerrville Area Chamber of Commerce, and like owning a 9-09-02 75 1 new boat, I've got 21 days left. The first day and the last 2 day are the best days about being in the Chamber. Today, 3 I'd like to give you our statement and what we -- how we see 4 the U.G.R.A. and our position on it. The -- Kerrville Area 5 Chamber of Commerce expresses gratitude for the efforts of 6 the U.G.R.A. over the years to preserve and protect waters 7 of the Upper Guadalupe River, and expresses its support for 8 the continuing effort by the U.G.R.A. to develop an adequate 9 and dependable water supply for the citizens of Kerr County. 10 The development of a regional wastewater treatment system in 11 Kerr County, we know, is in the planning. We -- we express 12 our efforts for that. We also -- we appreciate the 13 education that is provided by the U.G.R.A. and education of 14 the citizens of Kerr County on matters relating to water, 15 water conservation, and wastewater, and we also appreciate 16 the oversight for the health and the quality of water for 17 the Upper Guadalupe River and its tributaries. We support 18 your consideration of a resolution today in favor of the 19 U.G.R.A. Thank you. 20 JUDGE HENNEKE: Thank you, Mr. Taylor. 21 (Applause.) 22 JUDGE HENNEKE: Tom Syfan. 23 MR. SYFAN: I'm going to let Roy Johnson take 24 my place, if you please, Judge. He's -- he's back from his 25 absence. 9-09-02 76 1 JUDGE HENNEKE: All right. Mr. Johnson. 2 MR. JOHNSTON: I'm Roy Johnson, and I live at 3 505 Riverhill Boulevard here in Kerrville. And, having -- 4 I'm not a new retiree, but I've been here for a number of 5 years. I also ranch a little bit out in west Texas -- in 6 west Kerr County, and my position is that I feel that the 7 river should be protected, but I also feel that it should be 8 done by one entity. And I think that we've got too many 9 people messing with the river now, so I would like to see 10 this done by one group and taken care of in a way that would 11 protect it for all the citizens. Thank you. 12 JUDGE HENNEKE: Thank you, Mr. Johnson. 13 (Applause.) 14 JUDGE HENNEKE: Is there anyone else who'd 15 like to speak in favor of the resolution? Mr. Pená? 16 MR. PENÁ: My name is Raul Pená. I live 17 outside of Center Point in south Kerr County. A gentleman 18 talked earlier about having a people-friendly system, and in 19 my opinion, the only people-friendly way of administering an 20 O.S.S.F. system is one that takes care of all of the 21 citizens of Kerr County, not just a few individuals. So, I 22 don't believe in allowing variances for the septic system. 23 I think the rules ought to be enforced, because it protects 24 the river and it protects the people of Kerr County. Nobody 25 has mentioned some of the other programs that U.G.R.A. has 9-09-02 77 1 been involved in. The ASR well has been immensely important 2 to us in providing water for the citizens. That would not 3 have been possible without the funding of that particular 4 project by U.G.R.A. I think that they're doing a great job, 5 and I strongly support them. Thank you. 6 JUDGE HENNEKE: Thank you, Mr. Pená. Vernon 7 Harrison. 8 MR. HARRISON: My name is Vernon Harrison. I 9 live at HC-1, Box 112F in Hunt. I appreciate this 10 opportunity to address you today. I just have three points 11 that I'd like to clarify some of the things I've heard 12 today. One, and just as several of the people talked about, 13 how many agencies do we need to be involved in water? 14 There's one super agency, as you know, but I'm afraid most 15 of the people don't know. The Texas Natural Resources 16 Conservation Commission, which is an agency of the state of 17 Texas, has exclusive jurisdiction over the water in the 18 Guadalupe River and over the water in every other river in 19 the state. The T.N.R.C.C. has given to you gentlemen or 20 this Court the authority to administer certain programs in 21 Kerr County. You set the rules and then you chose to 22 contract with U.G.R.A. on certain of those things; the 23 O.S.S.F. program is one in particular. So, we have three 24 agencies involved when two would do just as well, the 25 T.N.R.C. -- T.N.R.C.C. and Commissioners Court. 9-09-02 78 1 And the T.N.R.C.C. -- once again, I say 2 they're the ones with the authority. They're the ones with 3 the responsibility. We hear about what the U.G.R.A. has 4 done for the river. The U.G.R.A. does not have any specific 5 authority over the river. All of that authority is the 6 T.N.R.C.C. The U.G.R.A. is just some -- is almost like a 7 volunteer body looking for something to provide help with 8 the river. If we want somebody to help the T.N.R.C.C. with 9 the river, we ought to have a river foundation, and not fund 10 it by taxes, but fund it by some sort of contributions. I 11 would also like to address the issue of whether or not we 12 would become a part of the Guadalupe Blanco River Authority 13 if the U.G.R.A. went away. I read in the paper where 14 Commissioner Baldwin said that won't happen as long as he's 15 on the Court. And I'll do what I can to keep you there, 16 Commissioner. 17 COMMISSIONER BALDWIN: Thank you. 18 MR. HARRISON: Because -- and the process is 19 not just a matter of, if the U.G.R.A. goes away, the 20 Guadalupe Blanco River Authority automatically comes here. 21 They have to go through a lengthy process, which would begin 22 with having to come before the Commissioners Court to -- to 23 get whether or not the Commissioners Court wanted the 24 authority. I can assume that if we got rid of the U.G.R.A., 25 this Commissioners Court wouldn't be in a big hurry -- at 9-09-02 79 1 least Commissioner Baldwin wouldn't be in a big hurry to get 2 a new one. Our State Legislator and our State Senator's 3 people indicated that if the U.G.R.A. went away, it would be 4 a long process and one that probably would not succeed for 5 the Guadalupe Blanco River Authority to come to Kerr County, 6 so I think that's just an issue that really is a red 7 herring. 8 One more issue is, they -- U.G.R.A. is 9 supposed to be in charge of -- of water. They're supposed 10 to be speaking for Kerr County. They're supposed to be the 11 ones -- and they're -- in their own literature, that they 12 work with the Regional Water Council to develop the plans. 13 And then I hear today from Commissioner Letz that that -- 14 that the Water Council has come up with us having a 15 declining population -- or slowly growing, and then a 16 declining population, which will make it harder for us to 17 get grants in the future. It sounds like to me that 18 Commissioner Letz was doing a lot more looking out for our 19 water here than the Guadalupe River Authority. And, one 20 last thing, and it was brought up before; the -- the State 21 Legislature does want to know what the elected officials of 22 Kerr County think, but unfortunately, this is a lame duck 23 commission, and to hear from this commission today does not 24 express the -- the views completely of the people of Kerr 25 County as they -- as the people of Kerr County express 9-09-02 80 1 themselves of 2002, and I would ask that this resolution be 2 tabled. Thank you. 3 (Applause.) 4 JUDGE HENNEKE: Is there anyone else who 5 would like to address the Court on the issue of the 6 resolution? Looks to me like Mr. Syfan would like to 7 address the Court on the issue of the resolution. 8 COMMISSIONER BALDWIN: I'm going to agree 9 with you; it looks like Tom Syfan's coming forward. 10 MR. SYFAN: I've been here a long time, as 11 some of you guys know. I watched Darrell Lochte develop the 12 U.G.R.A. I was in his office almost every day for about 25 13 years. I had lunch with him, I had fishing trips with him, 14 I had hunting trips with him. I know what happened with the 15 U.G.R.A. I was here. And what U.G.R.A. is now is a far cry 16 and a shame from what he developed. We've got a selfish, 17 ugly, profiteering bunch running the U.G.R.A. today, and we 18 need to get rid of them. 19 (Applause.) 20 JUDGE HENNEKE: Is there anyone else who 21 would like to address the Court on the issue of the 22 resolution? Seeing none, I believe it's time for us to 23 work. Before we start, I want to make a few comments. 24 Before we begin the debate on this agenda item, it may be 25 useful to briefly review the Rube Goldberg system of water 9-09-02 81 1 regulation management put into place by the Texas 2 Legislature. I will refrain from comment on how this system 3 reflects upon the Texas Legislature. 4 First of all, surface water found within the 5 navigable streams and major tributaries is owned by the 6 State of Texas. The Guadalupe River is such a navigable 7 stream. Individuals may obtain permits or rights to use of 8 surface water, but the ownership of the water always rests 9 with the State of Texas. To manage, preserve, and protect 10 those surface waters, the Texas Legislature created river 11 authorities to cover all of the major rivers in the state of 12 Texas. Because the surface waters are owned by the State of 13 Texas and not individuals, and to insulate the management of 14 this precious resource from local politics and influence, 15 the management of river authorities was vested in boards of 16 directors living in the territories served by the river 17 authorities, appointed by the governor and confirmed by the 18 Texas Senate. Not all river authorities have the ability to 19 levy ad valorem taxes. Those that do were given that 20 authority specifically by the Texas Legislature subject to 21 the concurrence of a majority of the voters in that area. 22 Next, groundwater. Groundwater, per se, is 23 not owned by anyone, including the State of Texas. Under 24 the judicially created right of capture, a landowner has the 25 right to the beneficial use of all the groundwater that can 9-09-02 82 1 be produced from his property. Because groundwater is not 2 owned by the State of Texas and affects principally the 3 areas where it's located, the Texas Legislature authorized 4 groundwater conservation districts as a preferred management 5 tool for this resource that came into being only if 6 requested by the citizens of a particular area. Groundwater 7 conservation districts are governed by a board of directors 8 elected by citizens of the area covered by that district. 9 Like river authorities, groundwater conservation districts 10 can only levy ad valorem taxes if specifically given that 11 authority by the Legislature and the voters of that district 12 concur in the taxing authorities. 13 Finally, counties. County government is 14 considered to be an arm of the Texas Legislature and has 15 only those powers specifically granted to counties by the 16 Texas Constitution or the Texas Legislature. Counties are 17 not considered to be a significant part of the water 18 management scheme in the state of Texas. Few, if any, of 19 the powers and duties of either river authorities or 20 groundwater conservation districts have also been granted to 21 counties. There's been a lot of talk today about the 22 O.S.S.F. program and how the administration of that program 23 has been contracted by the County to the U.G.R.A. That's 24 probably the only program you can cite where the County has 25 authority. The rest are not given to the counties in any 9-09-02 83 1 way, shape, or form. There's been talk about what would 2 happen if the U.G.R.A. went away. Well, first of all, that 3 would take an act of the Legislature, and that act of the 4 Legislature would be subject to amendment and change and 5 impact by other river authorities or the State of Texas, or 6 whoever was interested. 7 Should the U.G.R.A. and G.B.R.A. be given the 8 opportunity to take over jurisdiction of the river in Kerr 9 County, that also would take an act of the Legislature. It 10 would not come before the Commissioners Court. We could 11 try. We could pass resolutions. We could lobby. But there 12 is no authority on the part of the Commissioners Court to 13 influence who has jurisdiction over that river. And I know 14 this from personal experience. When I was on the Board of 15 Directors of the Lower Colorado River Authority, we twice 16 took additional territory through the Legislature. There 17 was no veto or authority required from the Commissioners 18 Courts of any of the counties that were affected by that 19 action. The State of Texas, through the Legislature, 20 determines who has authority over this river. And we can 21 sit here and pontificate all we want to, but if the State of 22 Texas and the Legislature decides that the G.B.R.A. should 23 take over jurisdiction of the Upper Guadalupe River, there's 24 nothing we can do about it, so you might want to keep that 25 in mind as we go through this process. 9-09-02 84 1 So, with those introductory comments, does 2 anyone else have any comments they'd like to make at this 3 time? 4 COMMISSIONER BALDWIN: I do, I do. 5 JUDGE HENNEKE: Fire away, Commissioner. 6 COMMISSIONER BALDWIN: Okay. 7 JUDGE HENNEKE: We'll just go around the 8 table. 9 COMMISSIONER BALDWIN: Okay, very good. 10 Well, it's my opinion that these kinds of issues have -- 11 there's two different parts to them. One is a public -- a 12 public debate part, which is where we are today. And then 13 there's the legislative debate, which may or may not happen. 14 It's my opinion that the Commissioners Court, as a body, 15 should not be involved in the public debate part of it, the 16 part that's here. I'm a little bit embarrassed that it's 17 even in here doing what we're doing today. It has nothing 18 to do with us. When we're elected, we represent both sides 19 of this room here, and we're being asked today to decide one 20 way or another, to go with this group or that group, and I'm 21 not going to be put in that box. I don't care who you are 22 or who you think you are; that's not going to happen with 23 me. And I'm going to abstain from voting, because it's the 24 wrong thing to do. 25 Now, when -- when the debate gets into the 9-09-02 85 1 Legislature, which, if it does -- if and when it does, which 2 I doubt, but if it ever gets there and the State Senator and 3 the State Representative call me to ask me what my pulse is, 4 I'll tell them, but not until that point. This is not a 5 time for elected officials -- local elected officials to be 6 involved in the government -- or in these kind of decisions. 7 That's all I have to say. I'm going to abstain from voting. 8 JUDGE HENNEKE: Commissioner Williams? 9 COMMISSIONER WILLIAMS: A couple speakers 10 mentioned the name of Darrell Lochte, one of Kerr County's 11 most respected citizens down through the years. I would 12 submit to you there are other respected citizens in Kerr 13 County who have served admirably and honorably on the Upper 14 Guadalupe River Authority, not the least of which were Guy 15 Cade Jackson, Robert Mosty, Irwin Keller, Doc Holekamp, 16 Clyde Parker, Jack Brough, Georgia Christley, Jay Colvin, 17 Dick Eastland, Bob Finch, Jack Furman, Beck Gipson, Jerry 18 Griffin, Waldean Groff, Rit Jons, Gene Lehmann, Ernest 19 Linares, Granger MacDonald, John Mosty, Don Oehler, Betty 20 Strohacker, Ed Wallace, yours truly, and a host of others. 21 So, it probably comes as no surprise to anyone that I would 22 vote in the affirmative on this resolution to support the 23 Upper Guadalupe River Authority. 24 A resolution of this nature, as my colleague 25 to the right said -- he's right -- probably should not be 9-09-02 86 1 necessary for this governing body or any other agency to 2 consider, because the U.G.R.A. has for 63 years been a 3 guardian of Kerr County's stretch of the Guadalupe River. 4 However, U.G.R.A. has come under attack, for reasons best 5 known to the attackers, and it becomes necessary, I believe, 6 for this Court to confirm its support for the continuation 7 of U.G.R.A.'s efforts in making certain our river is clean, 8 attractive, usable, and of continued benefit to all the 9 citizens of Kerr County. I, for one, do not wish to 10 contemplate the negative and the devastating economic impact 11 a polluted and unusable Guadalupe River and its tributaries 12 would have on Kerr County. That negative impact would 13 reverberate from our camping industry to real estate to 14 tourism, and the rippling effects throughout the county 15 would be catastrophic. As no one travels to a place to see 16 a polluted stream, people do not move to an area and buy 17 real estate in a place that does not take care of its 18 natural resources, nor do parents send their children to 19 camps on the banks of polluted rivers. 20 Lastly, I do not desire to see U.G.R.A.'s 21 jurisdiction taken over by Kerr County, if, in fact, 22 authority to do so is in place, or any other river authority 23 that the Legislature might consider. I want to continue to 24 see Kerr County people making decisions about the health and 25 the care of our stretch of the Guadalupe River. I want to 9-09-02 87 1 see the Upper Guadalupe River Authority continue its efforts 2 to bring treated surface water to unincorporated areas of 3 Kerr County, and to continue its efforts in conjunction with 4 Kerr County to bring sewer service to areas where failing 5 septic systems are polluting our waterways. If the U.G.R.A. 6 needs to address some issues that are of concern to some of 7 you out here, then so be it. Let them address them. That's 8 their right and their obligation to do so. I will support 9 the resolution. 10 JUDGE HENNEKE: Commissioner Letz? 11 COMMISSIONER LETZ: Let me make a few just 12 general comments and then get into some specific items in 13 the resolution. Most of what I heard today was complaining 14 about the handling by U.G.R.A. of the O.S.S.F. program. I 15 think that's the way that most people have dealt with 16 U.G.R.A. in recent years. I've said this before, quite a 17 few times in the past month, that it is my intention to put 18 this before the Commissioners Court agenda after the first 19 of the year, when the new Judge and the new Commissioner are 20 seated, and it is my anticipation and my feeling that the 21 County should take back that program. And I think, you 22 know, there's a very good likelihood that will happen. 23 There's not a guarantee, because there's -- I mean, those 24 two people, while they've made their opinions known to me, 25 when you get down to actually taking the program back, 9-09-02 88 1 there's a lot that goes with that, and there's a lot of 2 things that need to be addressed, both budget-wise -- 3 U.G.R.A. has some other authority in that area. That all 4 has to be worked out. But, in my opinion, I was elected to 5 take over -- to handle certain responsibilities; that is one 6 that certainly the public feels that should be handled by 7 the Commissioners Court, and I'm willing to do that. So, I 8 think, really, in my mind, that comes off the table. 9 Something else is that I think, hopefully, 10 U.G.R.A.'s board -- there are some members here, past and 11 present -- are listening to the comments, because they have 12 a problem, whether they know it or not, in the perception of 13 the community. There's a large portion of this community 14 that does not like the way that the board operates and the 15 way they're running the entity, and I hope they will, you 16 know, heed this and listen; that they may need to do some 17 reflection and figure out where their problems are and try 18 to correct them. To me, that does not mean that you abolish 19 U.G.R.A. I think there's some changes very well may need to 20 be made. I'll leave that up to that board and people in 21 that group to decide. But U.G.R.A. has done a great deal 22 for the county, and I think they have a great deal that they 23 can continue to do for the county. And just eliminating the 24 entire agency, to me, does not make sense. And I have met 25 with a number of people that, you know, advocate that, but 9-09-02 89 1 they have yet to come up with a clear alternative, in my 2 mind, as to who would handle some of these programs. And 3 the things I'm talking about are regional wastewater 4 programs that they're working on, regional expansion of the 5 water treatment projects, some of the water quality issues. 6 While they understand T.N.R.C.C.'s rules 7 generally on water quality, T.N.R.C.C. is not going to have 8 a staff down here monitoring the river, you know, on the 9 same basis that U.G.R.A. currently does. So, until I can 10 come up with a better alternative, and I don't -- personally 11 don't see the need for it, I think U.G.R.A. may need to make 12 some changes, but they can certainly handle most of these 13 situations. Whether -- and I have talked to some of the 14 people that advocate the abolition of U.G.R.A. They say the 15 County should take on these functions. And I've thought 16 about that, and I don't have -- if the voters desired it or 17 the Legislature decides to do that, I would certainly 18 advocate that the County take on some of the 19 responsibilities at that time, but my concern is that those 20 projects would take a lower priority in the County 21 government's budget. I think if you start putting up very 22 broad long-term projects, such as wastewater management or 23 expanding wastewater into parts of the county that I truly 24 believe need it, against law enforcement, the Sheriff's 25 Department, I think law enforcement's going to win. Road 9-09-02 90 1 and Bridge is going to win. I think it's going to be hard 2 to fund some of these things at all. 3 So, that being said, on the resolution, I 4 don't like the resolution as submitted, and I have prepared 5 and handed out to the Court -- and I only have, I think, two 6 other copies here if anyone in the public wants to looks at 7 it -- modifications to the resolution. But let me basically 8 go over my biggest problem with the resolution. One is that 9 there's a number of areas where it refers to "scarce 10 groundwater resources." That's a term that I've objected to 11 for a long time, and I still object to it. I am not 12 convinced that we have scarce groundwater in this county. 13 There are areas where there are problems. I think that the 14 ASR well, for example, certainly did a great deal; I'm very, 15 very proud of the ASR, but it certainly didn't eliminate the 16 reliance or end the reliance on the City of Kerrville to 17 groundwater. It just reduced it. And I'm in favor 18 generally of reducing the reliance on groundwater, but I 19 still do not buy that we have a scarce resource there that 20 we have to -- you know, basically have to be an alarmist 21 about. 22 The other thing that I didn't see in the 23 resolution that hasn't really been mentioned today, but it's 24 something that I deal with very closely, serving as chair of 25 Region J, U.G.R.A. does a great deal of -- has done a great 9-09-02 91 1 deal of work, devoted a lot of time and resources in 2 regional water planning. Is that something that they have 3 to do? No. They have chosen to do it. The Board of 4 Directors has, you know, pointed them -- that agency in that 5 direction, but they have done a great deal of good in that 6 area. In regional planning, they work with the City of 7 Kerrville, they work with the County, through Region J and 8 through the Water Development Board; I think that's 9 something that is of value. 10 Rather than read the entire resolution that I 11 would propose in its place, I'm just going to read publicly 12 the final portion, which is the "Now, therefore, be it 13 resolved" section. "Now, therefore, be it resolved by the 14 Commissioners Court of Kerr County, for the Commissioners 15 Court recognizes the efforts of U.G.R.A. over the years to 16 preserve and protect the waters of the Upper Guadalupe 17 River, and expresses its support in U.G.R.A.'s efforts for 18 expansion of the City of Kerrville water treatment project, 19 regional wastewater treatment project, regional water 20 planning efforts, and efforts to maintain the health and 21 quality of the waters of the Unper Guadalupe River and its 22 tributaries." That's the end of my comments, and I would 23 make that -- I'll make a motion to substitute this 24 resolution after Commissioners Griffin's comments. 25 JUDGE HENNEKE: Commissioner Griffin? 9-09-02 92 1 COMMISSIONER GRIFFIN: First, I would second 2 your motion for the substitute resolution. There's really 3 not a whole lot of change in the thrust of the resolution, 4 and I think that some of the changes to broaden the aspects 5 of what's covered here that Commissioner Letz has made 6 are -- are good ideas, and I wholeheartedly second that 7 motion. Let me just say that -- that, without rehashing all 8 of what's said here, I think there's been a good discussion. 9 We certainly know where the community stands, pro and con. 10 In my view, doing away with Kerr County control of Kerr 11 County surface water, even with the threat that some outside 12 agency or entity could become the dominant agency over Kerr 13 County water, was a bad idea yesterday; it's a bad idea 14 today. It will be a bad idea tomorrow. I will not sit on 15 the fence. I will vote for the resolution, as amended. 16 COMMISSIONER LETZ: Are you making comments, 17 Judge? 18 JUDGE HENNEKE: You know, I -- Commissioner 19 Letz, I really don't disagree with you. You know, the 20 "scarce groundwater" references need to come out. My 21 position all along -- and, you know, R.E.'s heard this a 22 number of times -- is that the County has adequate water 23 resources if they're properly managed, so I don't have a 24 problem with taking out the reference to the scarcity. I 25 think the -- the final paragraph of your resolution could 9-09-02 93 1 use a little wordsmithing. I think that the last part, 2 where you express its support for the expansion, that kind 3 of leaves that up in the air. I'd like to see it, 4 "expresses its support for U.G.R.A.'s efforts to" -- oh, 5 okay, "support in U.G.R.A.'s efforts." Oh, okay. Well -- 6 COMMISSIONER WILLIAMS: Leave it? 7 JUDGE HENNEKE: What Commissioner Letz is 8 proposing is the last to say, "and Commissioners Court 9 expresses its support in U.G.R.A.'s efforts for the 10 expansion of the City of Kerrville's water...," and I think 11 that's -- I think that's a good solution. So, as the author 12 of the resolution, I will accept your amendment. You need 13 to so move the resolution. 14 COMMISSIONER LETZ: I'll move that modified 15 resolution, or the resolution as presented by myself. 16 COMMISSIONER WILLIAMS: Second. 17 JUDGE HENNEKE: Motion by Commissioner Letz, 18 second by Commissioner Williams, that the Court adopt the 19 resolution as presented by Commissioner Letz. Any questions 20 or comments? If not, all in favor, raise your right hand. 21 (Commissioners Williams, Letz, and Griffin voted in favor of the motion.) 22 23 JUDGE HENNEKE: All opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. 9-09-02 94 1 COMMISSIONER BALDWIN: One abstained. 2 JUDGE HENNEKE: One abstention. The 3 resolution is adopted. 4 (Applause.) 5 COMMISSIONER BALDWIN: You know, as if this 6 really means something, though. It means absolutely 7 nothing. 8 COMMISSIONER LETZ: It means that U.G.R.A. 9 gets to work with the citizens. 10 JUDGE HENNEKE: I would disagree with that. 11 I think it means a lot. What we did today is say -- 12 AUDIENCE: It's still a lame duck commission. 13 JUDGE HENNEKE: You know, people keep saying 14 "lame duck," but my commission runs through December 31st of 15 the Year 2002. You can call me a lame duck on January 1, 16 2003, but until then, I have all the rights, obligations, 17 powers, and responsibilities given to the County Judge in 18 Kerr County, and I intend to exercise those fully. 19 (Applause.) 20 JUDGE HENNEKE: If you want to call me a lame 21 duck, that's fine, but you can call me Judge Lame Duck until 22 December 31st. 23 COMMISSIONER GRIFFIN: I'll second that. 24 JUDGE HENNEKE: The next item for 25 consideration is Item Number 5, consider and approve the 9-09-02 95 1 interlocal agreement for Mental Health/Mental Retardation 2 and chemical dependency commitment hearings, psychoactive 3 medication hearings at Kerrville State Hospital. Jannett, 4 are you going to talk to this one? 5 MS. PIEPER: I'm right here, Judge. This is 6 just our yearly deal we need to go through. The County 7 Attorney has looked through this interlocal agreement and 8 has checked over everything with a fine-tooth comb and made 9 some adjustments on one or two of the fees. 10 JUDGE HENNEKE: Any questions or comments 11 regarding the agreement? 12 COMMISSIONER WILLIAMS: Move the approval of 13 the interlocal agreement for Mental Health/Mental 14 Retardation, chemical dependency, et cetera, et cetera, et 15 cetera. Authorize County Judge to sign same. 16 COMMISSIONER BALDWIN: Second. 17 COMMISSIONER GRIFFIN: Second -- third. 18 JUDGE HENNEKE: Motion by Commissioner 19 Williams, second by Commissioner Baldwin, that the Court 20 approve the proposed interlocal agreement for Mental Health 21 and Mental Retardation, chemical dependency commitment 22 hearings, and authorize County Judge to sign same, as 23 presented by the counties in our cachement area. Any 24 questions or comments? 25 MR. MOTLEY: I have a comment on that -- on 9-09-02 96 1 that deal. I'd sent a memo over that indicated that certain 2 -- I don't have my copy with me, but I sent a memo a couple 3 of weeks ago that indicated that those certain fees are 4 actually supposed to be set by the Commissioners Court on an 5 annual basis, or at least sort of blessed, and I would 6 assume that maybe by the motion we just took, that we could 7 assume that they're giving the okey-dokey by Commissioners 8 Court for another year. 9 COMMISSIONER LETZ: Is that a legal term, 10 David, "okey-dokey"? 11 JUDGE HENNEKE: Are the fees part of the 12 interlocal agreement? 13 MS. PIEPER: Yes. 14 JUDGE HENNEKE: So, by approving the 15 interlocal agreement, are we approving the fees? 16 MR. MOTLEY: Well, actually, the state 17 contract says the fees themselves have to be set, and they 18 don't specify -- they're not -- the fees are not only used 19 in this area; they're fees set for use by the County Clerk, 20 the District Clerk, different fees. And Commissioners 21 Court -- 22 JUDGE HENNEKE: So, if we don't have an 23 agenda item on approval of the fees, then do we have to 24 bring it back? 25 MR. MOTLEY: Well, I -- 9-09-02 97 1 JUDGE HENNEKE: If it's not part of the 2 interlocal agreement? 3 MR. MOTLEY: To some degree, those fees are 4 included in the local agreement. I don't know that -- 5 COMMISSIONER GRIFFIN: How about if we worded 6 the motion that way, including the fees to add thereto? 7 MR. MOTLEY: I think that would probably do 8 that, because all the fees that I'm concerned about that do 9 affect the District Clerk and the County Clerk are actually 10 contained in here; it's just that they are -- they are used 11 in other areas. So, Law Library fee and things like that 12 are -- in all civil cases that are filed. So, I think the 13 Court can approve the fees like this. Might not be a bad 14 idea to bring them back in two weeks and approve them 15 specifically. I know I talked to the Sheriff, and he had no 16 desire to increase his specific fees. 17 COMMISSIONER BALDWIN: Did the numbers in the 18 fees change at all? 19 (Mr. Motley shook his head.) 20 COMMISSIONER BALDWIN: Well, being a lawyer 21 for all of these years in the great state of Texas, I think 22 it's part of the body, so if we can vote -- 23 MR. MOTLEY: Some could be -- some could be 24 changed, but nothing has changed. Most of the fees we're 25 actually charging are at the top end of the range allowable. 9-09-02 98 1 The only one I can think of that the Court could take action 2 on to increase would be the amount of money that are given 3 to jurors as compensation for expenses. We pay $6 per day 4 or part -- fractional day for people who are sitting on the 5 panel, but who are not selected, and then $15 a day or part 6 of a day to people who are put on the jury. That range for 7 both the people who sit on the panel, are not selected, and 8 the jurors who are selected is anywhere from $6 to $30 per 9 day or portion thereof. So -- 10 COMMISSIONER BALDWIN: This court-appointed 11 attorney fee, is that the appointed attorney that represents 12 the client? 13 MR. MOTLEY: The patient. 14 COMMISSIONER BALDWIN: All right. And then 15 you have a fee in here somewhere, do you not? 16 MR. MOTLEY: There's a fee, yes. Well, 17 it's -- no, it is not for me. It is not for me; it's a 18 court cost that is assessed against the counties. It's a 19 fee for my services, but it's assessed as a court cost to 20 the counties where the person is a resident, and it goes to 21 the Clerk's office and, I guess, the General Fund. 22 COMMISSIONER BALDWIN: I understand. That's 23 what I meant. I didn't mean to point fingers at you 24 directly. So, all those things didn't change? Those 25 numbers didn't change? 9-09-02 99 1 MR. MOTLEY: No, nothing changed, but it does 2 say that they should be approved on a regular basis. 3 COMMISSIONER BALDWIN: I didn't understand 4 what the holdup was. To me, it's part of the program. 5 MR. MOTLEY: I think -- 6 JUDGE HENNEKE: The County Attorney has 7 raised the issue -- he's either telling us that we have to 8 do the fees separately, or he's telling us that it's okay to 9 do them this way, and we're waiting for him to tell us which 10 way it is. 11 MR. MOTLEY: Well, I actually just brought 12 it -- I wanted to bring it to your attention to let you 13 know. This is something that I thought we talked about or 14 raised by memo. The statutes do contemplate that the Court, 15 you know, set these fees or approve these fees on an annual 16 basis, and I think that the language of that motion -- the 17 fees are part of this, and I think the language of the 18 motion is -- I don't know what -- you know, if it 19 specifically was brought up. It could be made broad enough 20 to include those fees in this context. 21 COMMISSIONER LETZ: So, if the motion 22 specifically mentions fees, it's okay. 23 COMMISSIONER WILLIAMS: Inclusive of fees as 24 presented to the Court. 25 COMMISSIONER BALDWIN: Second. 9-09-02 100 1 JUDGE HENNEKE: Motion by Commissioner 2 Williams -- restated motion by Commissioner Williams to 3 approve the interlocal agreements for Mental Health/Mental 4 Retardation and chemical dependency commitment hearings, 5 authorize County Judge to sign same, including the fees as 6 outlined in the proposed interlocal agreement. Any further 7 questions or comments? If not, all in favor, raise your 8 right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: Opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Motion carries. 13 MS. PIEPER: Thank you. 14 JUDGE HENNEKE: Next item is Item Number 6, 15 consider and discuss a request for approval of two 16 reclassified and one combined job classification. Linda 17 Uecker. 18 MS. UECKER: Good morning. 19 JUDGE HENNEKE: How are you doing, Linda? 20 MS. UECKER: I'm fine. I'm getting better 21 every day. 22 JUDGE HENNEKE: Good. That's what we like to 23 hear. 24 MS. UECKER: Okay. As per your previous 25 handout that I sent to you regarding this request, I 9-09-02 101 1 currently have eight staff positions, and one is a chief, 2 two administrative clerks, one an accounting clerk, and then 3 I have four court clerks. That's the previous structure. 4 I'd like to request the Court to amend that to have one 5 chief deputy and administrative -- two administrative clerks 6 and three court clerks, two seniors, and one senior records 7 clerk, which would fall in that same category. And what I 8 am intending to do, I just had another of my longtime 9 administrative clerks retire, and rather than refilling that 10 position, I want to combine that position with the senior 11 accounting clerk, then bring that position back down to an 12 entry level, is basically what it is. However, back when -- 13 years ago, there was a position as a 15 in the District 14 Clerk's Office, and somehow in that very first -- I think it 15 was Allison and Associates' salary study, it got lost in 16 there, so what we're left with is either entry level or 17 administrative. And there is a big gap between that, as far 18 as monetary issues, which is not fair to the County. 19 Then you also look at the employee side of 20 it; that person has no room for -- to grow into an 21 administrative position except to be moved directly into 22 that. In other words, what I'm saying is that gap is way 23 too big between entry level and administrative. So, what 24 I'm proposing that the Court allow me to do is create two 25 administrative -- I mean, senior clerk positions, or two 9-09-02 102 1 court clerk positions, is what it is. Because right now I 2 do have two staff members that are in a semi-supervisory -- 3 where they train certain staff, whereas someone at an entry 4 level would not. I do not want to raise them all the way up 5 to administrative, because they're not at that -- they're 6 not there in their career in my office. So, I think it 7 would be a good move, both for the County and that person, 8 or those -- those two people. 9 On the advice of Judge Henneke, I went to the 10 personnel officer and we came up with some job descriptions, 11 which are attached to the handout. And, as a matter of 12 fact, most of that information that I put in those -- those 13 15, or the court clerk positions, came from the previous 15 14 that I happened to have a copy of from way back when they 15 did exist. This does not in any way impact the budget. As 16 a matter of fact, it may have somewhat of a negative impact, 17 as far as it will be a little bit less than it was this last 18 year. But it's basically combining two administrative 19 positions into one, and then bringing one of those -- or one 20 of those and one of the lower up to a 15, which is somewhat 21 of a mid-point. 22 JUDGE HENNEKE: Does anyone have any 23 questions of Linda? 24 COMMISSIONER BALDWIN: Do -- and all this 25 fits the study that we did? I mean, there's such a thing as 9-09-02 103 1 senior clerks and court clerks and -- 2 MS. UECKER: Yes. 3 COMMISSIONER BALDWIN: -- and all that? 4 MS. UECKER: Yes. Mm-hmm. 5 COMMISSIONER BALDWIN: I think it's probably 6 a good exercise. 7 JUDGE HENNEKE: I think it's a good exercise. 8 I think one of the things that we discovered when we did the 9 Nash study was we didn't have the intermediate steps in the 10 departments. 11 MS. UECKER: Right. 12 JUDGE HENNEKE: And this is a way to give 13 more of a ladder to the employees in Linda's department, and 14 she's done it with no budget impact. 15 COMMISSIONER GRIFFIN: I move we approve the 16 request as submitted. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Griffin, second by Commissioner Baldwin, that the Court 20 approve the reclassification of employees in the District 21 Clerk's Office and the job descriptions which would go along 22 with the new positions. Any questions or comments? If not, 23 all in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 9-09-02 104 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Thank you, 3 Linda. 4 MS. UECKER: Thank you. And I don't own 5 Indian Creek Dam, either. 6 COMMISSIONER BALDWIN: Who does? 7 JUDGE HENNEKE: City of Ingram, hopefully. 8 Next item is Item Number 7, consider and discuss a new hire 9 at a 12/3 position, as opposed to a 12/1 position. Paula? 10 MS. RECTOR: Okay. This position is 11 currently funded at a 12/5, and the person that I've hired 12 to fill this position was previously employed with me and is 13 cross-trained, so I'm requesting that she be brought in at a 14 12/3 instead of entry level 12/1, since she's already 15 experienced. 16 COMMISSIONER GRIFFIN: Just curious. What 17 position is that? 18 MS. RECTOR: It's in my Voter Registration 19 Department. 20 COMMISSIONER LETZ: I don't have any problem 21 with it. 22 COMMISSIONER WILLIAMS: So moved. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Baldwin, that the Court 9-09-02 105 1 approve that the Tax Assessor/Collector hire the new person 2 in the Voter Registration Department at a 12/3 as opposed to 3 a 12/1. 4 MS. RECTOR: Thank you. 5 JUDGE HENNEKE: Questions or comments? If 6 not, all in favor, raise your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 MS. RECTOR: Thank you. 11 JUDGE HENNEKE: Thank you, Paula. Next item, 12 Item Number 8, consider and discuss a job description for 13 the address coordinator for Kerr County, part-time position, 14 and the process for hiring an individual to fill the 15 position. Commissioner Griffin. 16 COMMISSIONER GRIFFIN: Yes. This is the job 17 description. I'm sorry that everybody didn't get their 18 copies until somewhat late in the process, but we had to 19 transcribe -- get this into our format. This is kind of 20 what the address coordinator will do, and it's been 21 coordinated with 911. They think it's a good description of 22 what that function will be. It'll be part-time, no 23 benefits. The money's in the budget. 24 JUDGE HENNEKE: For next year. 25 COMMISSIONER GRIFFIN: For next year, 9-09-02 106 1 beginning 1 October. And I would propose that we advertise 2 this position and try and make that selection by October -- 3 early October, as soon as we can. 4 JUDGE HENNEKE: I would presume you and 5 Commissioner Baldwin are going to be the ones that make the 6 recommendation? 7 COMMISSIONER GRIFFIN: Absolutely. 8 COMMISSIONER BALDWIN: Absolutely. That 9 we're going to do what? 10 JUDGE HENNEKE: Make the recommendation. 11 COMMISSIONER BALDWIN: Absolutely. I'll 12 second anything you want to -- 13 COMMISSIONER GRIFFIN: So, I'll make a motion 14 that we accept the job description as presented. And, by 15 the way, Barbara, thank you for getting this into our 16 format. Barbara's reviewed it. 17 MS. NEMEC: You're welcome. 18 COMMISSIONER GRIFFIN: Gone through it from 19 the personnel side. 20 MS. NEMEC: Commissioner Griffin, there was 21 one thing that you asked about, if we should include 22 part-time on here; I said it wasn't necessary. What I'm 23 going to do, if it's okay with the Court, on the position 24 schedule, where I put "exempt," instead of exempt, I'm going 25 to put part-time on there, so that will clarify that it is a 9-09-02 107 1 part-time position. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Griffin, second by Commissioner Baldwin, that the Court 5 approve the job description for the address coordinator for 6 Kerr County as presented, authorize advertising, and empower 7 Commissioner Griffin and Commissioner Baldwin to make a 8 recommendation to the Court early in October as to the 9 individual to fill the position. Any questions or comments? 10 COMMISSIONER GRIFFIN: Just a quick question. 11 Barbara, will you do that advertising? Will you do the 12 submission of that? 13 MS. NEMEC: I can if you would like me to. 14 COMMISSIONER GRIFFIN: Would you? 15 MS. NEMEC: Sure, okay. 16 COMMISSIONER GRIFFIN: That would be great. 17 JUDGE HENNEKE: Any other questions or 18 comments? If not, all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: Opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. One 23 remaining item, gentlemen. Item Number 13, consider and 24 discuss adoption of the 2002-2003 tax rate for the Lake 25 Ingram Estates Road District. Commissioner Griffin. 9-09-02 108 1 COMMISSIONER GRIFFIN: Yes. This is one of 2 the things that we should have included, but did not, and 3 Tommy caught it, in our earlier budget stuff. But we do 4 have to set the tax rate for the Lake Ingram Estates Road 5 District. You'll see in the -- in the pages that -- and 6 back up there that -- and, by the way, I've noticed that our 7 -- that the assessed values there has really come up quite 8 well since the last go-around, and I think we'll continue to 9 see that over the next several years. On the first page of 10 the backup, it shows the calculations that Tommy's made, and 11 that to cover 2002-2003 payment, we need a rate of 1.0445, 12 and I would move that we pass that -- adopt that tax rate. 13 COMMISSIONER LETZ: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Griffin, second by Commissioner Letz, that the Court adopt a 16 tax rate for the Lake Ingram Estates Road District for 17 Fiscal Year 2002-2003, of 1.0445. 18 COMMISSIONER LETZ: What is it right now? 19 JUDGE HENNEKE: 46. 20 COMMISSIONER GRIFFIN: Yeah. That was 21 because we had excess funds. If you'll recall, we had some 22 funds left over from the bond issue. So we could have a 23 lower rate in that first year, we essentially used that 24 excess to pay part of that first payment. 25 MR. TOMLINSON: This -- the rate that I 9-09-02 109 1 calculated is based on the assumption that -- that we -- 2 that we collected 100 percent of our assessments, so that -- 3 COMMISSIONER GRIFFIN: Which I think we did. 4 MR. TOMLINSON: We did the prior year. But I 5 -- just for your information, that's -- that's the 6 assumption I made. 7 JUDGE HENNEKE: Okay. 8 MR. TOMLINSON: And one cent earns us about 9 $200, so if -- if you want -- if you think that we're close 10 enough, then that rate's fine, so that's the Court's call. 11 JUDGE HENNEKE: We have a motion and a 12 second. Any other questions or comments? If not, all in 13 favor, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Gentlemen, 18 we've done it once again. 19 COMMISSIONER BALDWIN: I know. I know it. 20 With six minutes to spare. 21 JUDGE HENNEKE: If there's nothing else to 22 come before us, we stand adjourned. 23 (Commissioners Court adjourned at 11:53 a.m.) 24 - - - - - - - - - - 25 9-09-02 110 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 13th day of September, 8 2002. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 9-09-02