1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, September 23, 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 23, 2002 2 PAGE 2.1 Execution of documents for FY 2002 Entitlement 3 Grant funds for fencing improvement at airport 22 2.3 Consider variance for less than 200' frontage 4 on Scenic Valley Road 24 2.16 Request by Center Point Area Historical Preser- 5 vation Association & American Legion Post 583 to quitclaim County's interest in alleyways and 6 street interests in Center Point 26 2.8 Report on Sheppard Rees Road project 32 7 2.2 Funding request from Hill Country Alternative Dispute Resolution Center, Inc. 44 8 2.9 Engagement of Pressler, Thompson & Company to do Kerr County FY 01-02 audit 48 9 2.4 PUBLIC HEARING - regulatory signs, name change & school zone for Our Lady of the Hills High School 50 10 2.5 Approval of regulatory signs, name change & school zone for Our Lady of the Hills High School 51 11 2.10 Consider ordering General Election as required by Texas Election Code, authorize County Judge 12 to sign Order of Election 54 2.11 Approve polling locations in accordance with Texas 13 Election Code 55 2.12 Appointment of central counting station personnel 59 14 2.13 Designating courthouse parking for early voting -- 2.14 Set Sheriff's and Constables' fees as required by 15 Local Government Code, Section 118.131 60 2.6 1) Approve amendments to FY 02-03 Budget 61 16 2) Adoption of Kerr County FY 02-03 Budget 80 2.7 Adoption of Kerr County FY 02-03 tax rate 81 17 2.15 Discuss authority to abate nuisance per Section 343, Subchapter C, Texas Health and Safety Code 82 18 2.18 Move Information Systems Support Specialist to Auditor's office, designate Auditor as supervisor 90 19 2.19 Resolution declaring September 2002 as Destination Dignity Month 93 20 2.20 Resolution regarding boundaries of Groundwater Management Areas 93 21 2.21 Approve Amber Alert System local area plan 96 2.22 Solicit applications for Kerr County represen- 22 tative on 911 Board to replace Dave Ballard 100 2.23 Discuss agreement with Liberty Marketing Company 23 for Kerr County map 104 2.17 Discuss method to be used for expansion/renovation 24 of Hill Country Youth Exhibit Center, authorize solicitation for bid 104 25 --- Adjourned 128 3 1 On Monday, September 23, 2002, at 9:00 a.m., a special 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, everybody. 8 It's 9 o'clock in the morning on Monday, September 23rd, 9 Year 2002, and we will convene this regular special session 10 of the Kerr County Commissioners Court. Commissioner Letz, 11 I believe you have the honors this morning. 12 COMMISSIONER LETZ: Would everyone please 13 stand, join me in a moment of prayer? 14 (Prayer and pledge of allegiance.) 15 JUDGE HENNEKE: Thank you. At this time, any 16 citizen wishing to address the Court on an item not listed 17 on the regular agenda may come forward and do so. Is there 18 any citizen who'd like to address the Court on an item not 19 listed on the regular agenda? 20 (No response.) 21 JUDGE HENNEKE: One more time, is there any 22 citizen who'd like to address the Court on an item not 23 listed on the regular agenda? Seeing none, we'll go to the 24 Commissioners' comments. Let's start with Commissioner 25 Letz. 9-23-02 4 1 COMMISSIONER LETZ: I really don't have any 2 comments. Just glad to be home. 3 COMMISSIONER GRIFFIN: The Warriors had a big 4 win over Somerset, homecoming, all that good stuff. Ingram 5 Tom Moore High School was victorious. Good on them. 6 COMMISSIONER BALDWIN: They're doing well. 7 COMMISSIONER GRIFFIN: Yeah. 8 COMMISSIONER BALDWIN: This thing's a little 9 bit hot, I think. 10 (Microphone volume was turned down.) 11 JUDGE HENNEKE: Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir, thank you. 13 We won. The only other comment I want to make is that 14 Mrs. -- today is Mrs. Lavender's last day to cover the 15 Commissioners Court, and I just wanted to say thank you to 16 her for all of her coverage, and holding the Commissioners 17 Court accountable, the way we should be, and in doing an 18 excellent job. She seems to have become a part of our 19 family, and just want to say thank you. 20 MS. LAVENDER: Thank you. 21 COMMISSIONER BALDWIN: That's all. You're 22 going to print that, aren't you? 23 MS. LAVENDER: Yeah. 24 (Laughter.) 25 MS. LAVENDER: With a picture. 9-23-02 5 1 COMMISSIONER WILLIAMS: You didn't see my 2 script. He stole my thunder, but that's okay. 3 COMMISSIONER BALDWIN: What, Tivy winning? 4 COMMISSIONER WILLIAMS: No, no, no, that's 5 your exclusive privilege to report on Tivy. 6 COMMISSIONER BALDWIN: Thank you so much. 7 COMMISSIONER WILLIAMS: I was going to talk 8 about the media. Being an old media person, I was going to 9 say thank you to Rosa. She started her second career here 10 in Commissioners Court, is wrapping up her second career 11 here in Commissioners Court, and who's to know what her 12 third career is going to be. I guess she and John will 13 figure that out in the future. But I want to -- I, too, 14 want to say thank you. Having spent my entire life in this 15 business, I know that it's not easy to report on the 16 activities of a governmental body and to do a thorough job 17 so that the public has the ability to grapple with the 18 issues and hopefully know what it's all about. Thank you 19 for what you've done. I also want to to take the 20 opportunity to thank Irene. She, too, is a member of the 21 media, works on a weekly newspaper that I am intimately 22 familiar with, and her task is a little bit different than 23 the task of Rosa, in terms of when to get it done and how to 24 get it done and how to make it appear newsworthy. So, I 25 want to express appreciation to both of you on behalf of 9-23-02 6 1 this particular Commissioner. And when -- now, as you well 2 know, in the past, if I didn't like what you said or thought 3 you misquoted me, I called you up to tell you. I'll still 4 do that, but thank you. Thank you very much for what you do 5 for the people of Kerr County. 6 MS. VAN WINKLE: I always try to do the 7 corrections the next week. 8 (Laughter.) 9 COMMISSIONER WILLIAMS: Also, Judge, before I 10 relinquish, I want to point out that we have a couple spots 11 available on the Library Advisory Board. Randy Johnson's 12 term is up, and Elizabeth Hughes, both of whom were County 13 appointees. Their terms are up, and the Court needs to take 14 a look at who it would like to put on the Library Advisory 15 Board. 16 JUDGE HENNEKE: All right, very good. I'd 17 like to express my appreciation and the Court's appreciation 18 to the Hill Country Youth Ranch for their 25th anniversary 19 which was celebrated over the weekend. Not only do they do 20 incredible work with the children who are placed in their 21 care by the State of Texas, but I think their very presence 22 in Kerr County has an influence upon all of us for the 23 positive, in that it reminds us of those members of our 24 society who are not able to take care of themselves and who 25 are less fortunate than many of the rest of us. So, our 9-23-02 7 1 congratulations to everyone who's a part of the Hill Country 2 Youth Ranch family, particularly Gary and -- and Larry 3 Priour for their efforts on behalf of the troubled youth, 4 not only of the Hill Country, but of Kerr County. With 5 that, let's turn to the business at hand and pay some bills. 6 Anyone have any questions or comments regarding the bills as 7 presented by the Auditor? 8 COMMISSIONER BALDWIN: I move we pay the 9 bills. 10 COMMISSIONER WILLIAMS: Second. 11 JUDGE HENNEKE: Motion by Commissioner 12 Baldwin, second by Commissioner Williams, that the Court 13 approve the payment of the bills as recommended and 14 presented by the Auditor. Any questions or comments? If 15 not, all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Next, we 20 turn to the budget amendments. Budget Amendment Number 1 is 21 for J.P., Precinct 2. 22 MR. TOMLINSON: Okay. This amendment is 23 to -- to pay a bill relative to the conversion of -- of her 24 software package from DOS to windows. We talked about this 25 in the budget process. The bill -- the bill is for $750. 9-23-02 8 1 She's requesting that we transfer $75 from her Bonds line 2 item and $175 from Part-Time Salary. That all goes into 3 Software Maintenance. I do have a -- a hand check that I 4 need to approve for $750 to EDoc Technologies, Inc., for -- 5 for the conversion. 6 COMMISSIONER WILLIAMS: I move the budget 7 amendment and the issuance of a hand check in the amount of 8 $750. 9 COMMISSIONER GRIFFIN: Second. 10 JUDGE HENNEKE: Motion by Commissioner 11 Williams, second by Commissioner Griffin, that the Court 12 approve Budget Amendment Request Number 1 for J.P. 2 and 13 authorize a late bill and hand check in the amount of $750 14 payable to the EDoc Technical, Inc. Questions or comments? 15 If not, all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Budget 20 Amendment Request Number 2 is for Constable, Precinct 1, 2, 21 and 3. 22 MR. TOMLINSON: This request is from 23 Commissioner, Precinct 1, to transfer $200 from the Salary 24 line item of Constable 1 for -- $100 to go into the -- to 25 Gasoline line item for Commissioner -- I mean for Constable, 9-23-02 9 1 Precinct 2; the same amount for Constable, Precinct 3. 2 COMMISSIONER BALDWIN: Move for approval. 3 COMMISSIONER WILLIAMS: Second. 4 JUDGE HENNEKE: Motion by Commissioner 5 Baldwin, second by Commissioner Williams, that the Court 6 approve Budget Amendment Request Number 2 for Constable, 7 Precinct 2 and 3. Any questions or comments? 8 JUDGE HENNEKE: Commissioner Letz? 9 COMMISSIONER LETZ: I see this as a -- just 10 increasing their budget, I mean, for a line item that we 11 approved. Commissioner Baldwin is shaking his head no, 12 that's not what it is. 13 COMMISSIONER BALDWIN: No, I see it as a 14 one-time $100 that goes into this year's budget. This 15 year's, the year we're in right now. Doesn't affect next 16 year's. Will not affect next year. 17 COMMISSIONER LETZ: This is just -- I know it 18 won't affect next year, but in this year's budget, we 19 budgeted $500 for each of their gasoline allowance, and 20 we're increasing it because there's money left over 21 somewhere in the budget? 22 COMMISSIONER BALDWIN: Well, do you 23 understand why -- why I'm wanting to do it? We haven't had 24 a constable in Precinct 1 in a number of months, and those 25 guys, your constables, have come over and helped serve 9-23-02 10 1 papers and do all kind of things for J.P. 1. 2 COMMISSIONER LETZ: All right. That -- 3 COMMISSIONER BALDWIN: And they've used their 4 gas money in our precinct. And us being the very nice 5 people that we are, including you -- 6 (Laughter.) 7 COMMISSIONER BALDWIN: But, Tommy, I don't 8 see it being -- affecting next year's budget. Do you? 9 MR. TOMLINSON: Well, next year's budget's 10 still the same. 11 COMMISSIONER LETZ: Okay. I mean, I -- they 12 did something beyond their normal scope of duties. For that 13 reason, okay. 14 JUDGE HENNEKE: Any other questions or 15 comments? If not, all in favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Number 3 is 20 for the City/County Operation. 21 MR. TOMLINSON: This is relative to our 22 2001-2002 budget for -- for the airport. I had a 23 conversation with Dane Tune last month, and we discovered 24 that, contrary to our agreement with the City, that we 25 budgeted -- we budgeted only $46,000 for the airport 9-23-02 11 1 operations. Our agreement was to budget $47,900, and so 2 this -- this request is my recommendation to transfer the 3 additional $1,900 from the line item in the Juror Fees to 4 transfer into the Airport Operations. 5 JUDGE HENNEKE: How did -- how did he come up 6 with 47, 9? 7 MR. TOMLINSON: Well, on -- on the -- the 8 worksheet that we -- in your joint meeting last year, it 9 shows on the worksheet that it's 47, 9. And for the -- for 10 some reason, we didn't -- we didn't budget that amount. 11 JUDGE HENNEKE: Okay. 12 COMMISSIONER GRIFFIN: So moved. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Griffin, second by Commissioner Baldwin, that the Court 16 approve Budget Amendment Request Number 3 for City/County 17 Operations. Any questions or comments? If not, all in 18 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. Number 4 is 23 for Indigent Health Care. 24 MR. TOMLINSON: Okay. This -- this amendment 25 actually increases the budget for Indigent Health Care. Our 9-23-02 12 1 last billing for -- for eligible expense was $747 over the 2 budget of $507,000. Relative to that, we -- we pay our 3 third-party administrator 4 percent of -- of the billing, so 4 that -- that also went over -- over budget. So, I'm 5 requesting that we increase the budget by a total of 6 $1,128.94. 7 COMMISSIONER WILLIAMS: So moved. 8 COMMISSIONER BALDWIN: Second. And that gets 9 us through? I mean -- 10 MR. TOMLINSON: That finishes us for -- for 11 this fiscal year. 12 JUDGE HENNEKE: Motion by Commissioner 13 Williams, second by Commissioner Baldwin, that the Court 14 approve Budget Amendment Request Number 4 and declare an 15 emergency and increase the budget for Expense Code 16 50-641-200, and 50-641-486 by an aggregate amount of 17 $1,128.94, with such funds to come from Fund 50 fund 18 balance. 19 COMMISSIONER BALDWIN: Can we make it clear 20 that that's not the General Fund? 21 JUDGE HENNEKE: That's not the General Fund. 22 That's the specific fund set up for Indigent Health Care, 23 which is funded by -- 24 MR. TOMLINSON: And just for your 25 information, the County -- the County still has a continuing 9-23-02 13 1 liability for Indigent Health Care, up to 8 percent of our 2 general tax revenues, which is the general tax -- the M & O 3 levy plus the sales tax that the County receives from sales 4 taxes. So, we still have another approximately $150,000 to 5 $200,000 continuing liability here on top of what we 6 budgeted, the $507,000. 7 JUDGE HENNEKE: The $507,000 is budgeted upon 8 our historical use? 9 MR. TOMLINSON: Right, that's correct. 10 COMMISSIONER BALDWIN: And if we ever did go 11 over that 8 percent, then the State starts participating? 12 MR. TOMLINSON: If -- if they have the money. 13 COMMISSIONER BALDWIN: Yeah, if they have the 14 money, that's correct. That's correct. 15 MR. TOMLINSON: That's been a problem, I 16 think, in counties, especially in the south -- south Texas 17 area, that at the end of the year, the State's run out of 18 money. 19 COMMISSIONER BALDWIN: But it sounds good. 20 MR. TOMLINSON: Yeah. 21 JUDGE HENNEKE: Any other questions or 22 comments? If not, all in favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: Opposed, same sign. 25 (No response.) 9-23-02 14 1 JUDGE HENNEKE: Motion carries. Number 5 is 2 from the County Treasurer's office. 3 MR. TOMLINSON: This is a request from the 4 Treasurer to transfer $28.08 from Conferences to Postage. 5 COMMISSIONER GRIFFIN: So moved. 6 COMMISSIONER BALDWIN: Second. 7 JUDGE HENNEKE: Motion by Commissioner 8 Griffin, second by Commissioner Baldwin, that the Court 9 approve Budget Amendment Request Number 5. 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. Number 6 is 15 for County Court, County Court at Law, 216th District Court, 16 and 198th District Court. 17 MR. TOMLINSON: Okay. This -- this amendment 18 actually increases the budget, but -- but it increases it on 19 the revenue side also. We -- we received our grant from -- 20 from the State for Senate Bill 7 for $17,933. We had -- we 21 had bills for this month for the County Court for $625, for 22 County Court at Law for $889.70, for the 216th Court for -- 23 totaling -- we have bills totaling $14,610, and for the 24 198th Court, we have bills totaling $1,808.30. 25 COMMISSIONER BALDWIN: Tommy, what is that -- 9-23-02 15 1 what do the bills total up? 2 MR. TOMLINSON: That's what the total is. 3 COMMISSIONER BALDWIN: 17, 9? 4 MR. TOMLINSON: We've increased the budget to 5 pay these by $17,933. 6 COMMISSIONER BALDWIN: I see. 7 COMMISSIONER GRIFFIN: I'll move that we pass 8 the amendment as presented. I'm not sure -- do we need 9 to -- we don't -- do we have to declare an emergency, since 10 we're increasing -- even though we got the revenue to cover 11 it? 12 MR. TOMLINSON: Under present law, we don't, 13 if we certify that there's additional funds. 14 COMMISSIONER GRIFFIN: Oh. 15 MR. TOMLINSON: If we do not -- they're not 16 budgeted at the outset; that we have the ability to -- 17 COMMISSIONER GRIFFIN: I'll move that we pass 18 the amendment. 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 6, which increases the 23 revenues for the Court-Appointed Attorneys line items in 24 County Court, County Court at Law, 216th District Court, and 25 198th District Court. Any questions or comments? If not, 9-23-02 16 1 all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: Opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Item Number 6 7 is for the District Clerk. 7 MR. TOMLINSON: This request is to transfer 8 $314.69 from the Deputies Salary line item to Overtime. 9 COMMISSIONER WILLIAMS: So moved. 10 COMMISSIONER LETZ: Second. 11 JUDGE HENNEKE: Motion by Commissioner 12 Williams, second by Commissioner Letz, that the Court 13 approve Budget Amendment Request Number 7 for the District 14 Clerk. Any questions or comments? If not, all in favor, 15 raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Number 8 is 20 for Law Library. 21 MR. TOMLINSON: Okay. We have current bills 22 totaling $2,569.91. This leaves us with a shortfall in that 23 fund for this line item for -- for that amount. So, our -- 24 our recommendation is to pay this out of surplus funds out 25 of the Law Library. 9-23-02 17 1 COMMISSIONER GRIFFIN: So moved. 2 COMMISSIONER WILLIAMS: Second. 3 JUDGE HENNEKE: Motion by Commissioner 4 Griffin, second by Commissioner Williams, that the Court 5 approve Budget Amendment Request Number 8 for the Law 6 Library, declare an emergency, and transfer $2,569.91 to 7 Expense Code 18-650-590 from the Fund 18 fund balance, which 8 is not the General Fund. Questions or comments? If not, 9 all in favor, raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: Opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. Budget 14 Amendment Request Number 9 is for County-Sponsored 15 Activities. 16 MR. TOMLINSON: We -- the County received 17 $308.27 from the State Comptroller for unclaimed property 18 capital credits. Under state law, we're required to use 19 this for economic development purposes only. So, actually, 20 this -- this increase in revenue, we're increasing the 21 budget by the $308.27, and these would be paid to Kerr 22 Economic Development. 23 COMMISSIONER LETZ: We can't put it in 24 reserves and pay it next year, and reduce our expenditure 25 next year? 9-23-02 18 1 MR. TOMLINSON: I don't know that, 2 Commissioner. I mean, I don't -- I don't recall anything in 3 the law that says that -- that we can reduce our budget by 4 the amount of this revenue. 5 COMMISSIONER LETZ: Okay. 6 JUDGE HENNEKE: We need to look at that, but 7 first we need to accept the revenue and put it in the proper 8 place. Do I have a motion? 9 COMMISSIONER GRIFFIN: Yes, I move that we 10 approve the budget amendment as submitted. 11 JUDGE HENNEKE: Do I have a second? 12 COMMISSIONER WILLIAMS: Second. 13 JUDGE HENNEKE: Motion by Commissioner 14 Griffin -- come on, guys -- second by Commissioner Williams, 15 that the Court approve Budget Amendment Request Number 9 for 16 County-Sponsored Activities and increase the budget for 17 Expense Code 10-660-446 by the amount of $308.27. Any 18 questions or comments? 19 COMMISSIONER LETZ: My only comment would be 20 I'd rather put it in reserves and spend it next year, which 21 is not what the amendment was -- or the motion. 22 JUDGE HENNEKE: Well, I think we need to look 23 at that, because I think we need to be sure we can't do 24 that. 25 MR. TOMLINSON: I know that, typically, 9-23-02 19 1 when -- when you gain sources of revenue from the State, it 2 generally has a stipulation that this is above and beyond 3 purposes that you've already budgeted for, and that's just 4 typical. But I'm not sure that that's true in this case. 5 JUDGE HENNEKE: Did we vote on that? 6 COMMISSIONER WILLIAMS: I have a question. 7 Accepting is one thing, but are you going to pay it out to 8 KEDF or just hold it? 9 MR. TOMLINSON: Depends on what you tell me 10 we need to do. 11 COMMISSIONER BALDWIN: Well, his motion was 12 "as presented." 13 COMMISSIONER LETZ: The motion is to pay it 14 back. 15 JUDGE HENNEKE: No, the motion is to increase 16 the budget to accept the revenue. 17 COMMISSIONER GRIFFIN: Right. 18 JUDGE HENNEKE: There's been no invoice or 19 presentation of a request to expend the funds, so that's 20 still an issue. 21 MR. TOMLINSON: We don't -- I don't -- I 22 don't suppose we'll ever get an invoice. We just have it -- 23 COMMISSIONER WILLIAMS: Well, we satisfied 24 our obligation to KEDF this year; that's the reason I asked 25 the question. 9-23-02 20 1 MR. TOMLINSON: Yes, we did. We have done 2 that. 3 COMMISSIONER WILLIAMS: So, we just -- we're 4 not paying them any more; we're just accepting the money. 5 COMMISSIONER GRIFFIN: That's right. Except 6 that if we don't expend it, it goes into reserve. And -- I 7 mean, it has to. If we don't, it stays in that fund. 8 MR. TOMLINSON: We do have to spend it for 9 that purpose. 10 COMMISSIONER GRIFFIN: Right. 11 JUDGE HENNEKE: Right, we have to spend it 12 for that purpose. Well, let's move on the amendment. You 13 know, if we find that we have to expend the funds, we can 14 bring it back at the next meeting, which is still in this 15 fiscal year, and move it out. Any other questions or 16 comments? If not, all in favor, raise your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE HENNEKE: Opposed, same sign. 19 (No response.) 20 JUDGE HENNEKE: Motion carries. Any more 21 late bills, Tommy? 22 MR. TOMLINSON: I have one. I need a hand 23 check payable to the Texas Association of County Auditors 24 Conference Fund. This is -- this is for $190. This is due 25 October the 7th, and we don't meet again until after that, 9-23-02 21 1 so that's my request. 2 COMMISSIONER LETZ: So moved. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE HENNEKE: Motion by Commissioner Letz, 5 second by Commissioner Baldwin, that the Court approve a 6 late bill and hand check in the amount of $190 payable to 7 the Texas Association of County Auditors for conference 8 registration. Questions or comments? If not, all in favor, 9 raise your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE HENNEKE: Opposed, same sign. 12 (No response.) 13 JUDGE HENNEKE: Motion carries. At this 14 time, I would entertain a motion to waive reading and 15 approve the minutes of the Monday, August 12th meeting, and 16 the Monday, August 26th meeting. 17 COMMISSIONER BALDWIN: So moved. 18 COMMISSIONER LETZ: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Baldwin, second by Commissioner Letz, that the Court waive 21 reading and approve the minutes of the August 12th and 22 August 26th meetings of the Kerr County Commissioners Court. 23 Questions or comments? If not, all in favor, raise your 24 right hand. 25 (The motion carried by unanimous vote.) 9-23-02 22 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. I'll also 4 entertain a motion at this time to approve and accept the 5 monthly reports as presented. 6 COMMISSIONER BALDWIN: So moved. 7 COMMISSIONER GRIFFIN: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Baldwin, second by Commissioner Griffin, that the Court 10 approve and accept the monthly reports as presented. Any 11 questions or comments? If not, all in favor, raise your 12 right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Moving into 17 consideration agenda, the first item for consideration is 18 Item Number 1, consider and discuss execution of document 19 for the FY 2002 Entitlement Grant funds for fencing 20 improvement project at the airport, and authorize the County 21 Judge to sign the same. Megan Caffall, come on down. 22 MS. CAFFALL: Morning. Back in April, the 23 Court authorized application to TexDOT for these Entitlement 24 Grant funds for the fencing project at the airport. This 25 item is on your agenda to authorize the Judge to sign those 9-23-02 23 1 documents. 2 COMMISSIONER WILLIAMS: What was the amount 3 again, Megan? 4 MS. CAFFALL: The grant is $150,000. Our 5 match is $16,667. 6 JUDGE HENNEKE: And you have the match 7 already in the airport budget; is that correct? 8 MS. CAFFALL: Yes, sir. At the time we 9 brought this item up, we weren't sure. One of our audits 10 this year uncovered some unencumbered grant funds in the 11 amount of almost $16,000, and we've had a savings in our 12 other grant match line items, so we will -- I will encumber 13 these funds out of this year's budget. Because the project 14 actually won't even begin until next budget year. So, the 15 funds will be encumbered out of this year's budget, where 16 they are resident. 17 COMMISSIONER BALDWIN: Move for approval. 18 COMMISSIONER GRIFFIN: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Baldwin, second by Commissioner Griffin, that the Court 21 approve the documents for the FY 2002 Entitlement Grant 22 funds for the fencing improvement project at the airport and 23 authorize the County Judge to sign the same. Questions or 24 comments? If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 9-23-02 24 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Thank you 4 Megan. 5 MS. CAFFALL: These documents are in our City 6 Attorney's office waiting to be signed by the City, so I'll 7 bring them over as soon as they pass through our signature 8 deal. 9 JUDGE HENNEKE: This is not them? 10 MS. CAFFALL: That is them; it's a copy. 11 MS. ALFORD: Looks like the original to me. 12 (Discussion off the record.) 13 MS. CAFFALL: I think they have to be signed 14 by the County Attorney, too? No, these are -- it had County 15 Judge and some other things typed on this. I'll bring these 16 back. We have three copies. 17 (Discussion off the record.) 18 MS. CAFFALL: Thank you. 19 JUDGE HENNEKE: Item Number 2 is -- 20 Mr. Emerson's going to present that. I don't see him in the 21 courtroom, so we'll slide by that one for now. Item Number 22 3 is to consider a variance for less than 200-foot frontage 23 on Scenic Valley Road, and exemption from platting based 24 upon agricultural use. Jonathan? 25 MR. JOHNSTON: This is a piece of property 9-23-02 25 1 on -- located on Scenic Valley Road. I think you have a 2 copy of the plat -- survey plat. The property is divided -- 3 always has been, I guess -- by electrical easement, 100 foot 4 wide. Northern part has access to Scenic Valley Road. 5 Originally said by an easement, but actually the owner says 6 now it is actually on the strip of property. He's here in 7 court, so if you have any questions -- and the other part of 8 the property has a separate access to Scenic Valley Road. 9 This -- this configuration has been in place since the 10 1960's, so it seems to predate our Subdivision Rules. He 11 now wants to divide it, but it would probably require a 12 variance on that frontage rule. 13 COMMISSIONER LETZ: I don't see why it 14 requires a variance. 15 MR. JOHNSTON: Maybe it wouldn't require a 16 variance. 17 COMMISSIONER LETZ: It doesn't -- it's over 18 -- he's not doing anything -- it's not a subdivision. He's 19 not making a subdivision. It doesn't qualify as a 20 subdivision, so the 200-foot rule doesn't apply, the way I 21 see it. He's not creating an easement, he's dividing a 22 piece of tract -- a tract of land that already has access. 23 MR. JOHNSTON: Been in place for longer than 24 we've had rules. 25 COMMISSIONER LETZ: It doesn't qualify under 9-23-02 26 1 Section 1.03 of being a subdivision; therefore, the 200-foot 2 rule doesn't apply. 3 MR. JOHNSTON: That's probably what he wanted 4 you to say. 5 COMMISSIONER LETZ: I said it. 6 MR. JOHNSTON: It's still unclear, but I 7 would agree with that. 8 COMMISSIONER BALDWIN: No action necessary on 9 that, Judge. 10 JUDGE HENNEKE: Sounds like a good idea to 11 me. 12 (Discussion off the record.) 13 JUDGE HENNEKE: Let's take up Item Number 16, 14 if we can, since we have some individuals in the courtroom 15 for that. Item Number 16 is consider and discuss and take 16 appropriate action on the request by the Center Point Area 17 Historical Preservation Association and Center Point Post of 18 the American Legion that Kerr County quitclaim its interest 19 in the alleyways and street easements granted in 1926 to the 20 "Town of Center Point" by the Center Point Mercantile 21 Company, and authorize County Judge to sign the same. 22 Commissioner Williams. 23 COMMISSIONER WILLIAMS: I'm going to try to 24 unconvolute this convoluted situation here. And, as you 25 know, Judge, in the introductory remarks, this -- this 9-23-02 27 1 matter really goes all the way back to 1926, when the Center 2 Point Mercantile Company, which was then in business, gave 3 some easements and alleyways to what they believed to be 4 then the City of Center Point. Since that time, the 5 property's changed hands a number of times, and it's finally 6 come into the ownership and control of both the American 7 Legion for many years, and -- but most recently, the Center 8 Point Area Historical Preservation Association. The purpose 9 of the agenda item is to clear up the easements and get rid 10 of them, since the County really has no interest in having 11 these easements or these pieces of property, which the 12 Center Point Historical Association and the American Legion 13 have consolidated into their particular fields of interest 14 and operation. The Historical Association has gone to great 15 lengths to acquire this property, and has big plans for how 16 it is to be made into a public park and museum. This would 17 benefit the Center Point area. 18 I asked the County Attorney to research this 19 matter, going back as far as November of 2000, when it was 20 first brought to my attention. And, if I remember 21 correctly, when I bumped into the County Attorney one time 22 in the lobby of the courthouse, he said that -- I asked him 23 about this. He indicated to me that if he had had this 24 particular problem presented to him during his period in law 25 school as a -- as a matter to be sorted out and to test, he 9-23-02 28 1 said he probably would have shot himself, so -- it becomes 2 so convoluted. 3 (Laughter.) 4 COMMISSIONER WILLIAMS: So, it has to do with 5 a town that was there, isn't there, came back, and is not 6 there. It has to do with a business that was there; it went 7 bankrupt. And who -- to whom -- who accepted the original 8 easements, nobody in this world knows. And, so, after 9 trying to sort it out all this length of time, we finally 10 arrived at a conclusion, that quitclaim deeds for these 11 particular alleyways and streets to these two organizations, 12 both of which are nonprofit -- not-for-profit, would be an 13 adequate and feasible and logical conclusion. Before we get 14 into that and any discussion, I really would like to 15 introduce a couple people and let them talk to you just for 16 a moment about the plans for -- the Center Point Historical 17 Preservation Association's plans for the park. I'll 18 introduce Ken Wardlaw, who is the current president of the 19 association, and Delmas Hesseltine, the vice president. 20 Ken, do you want to come up and just give the Court a brief 21 overview of what your plans are? Do you have a site plan? 22 Bring it up and show it to us if you have it. 23 MR. WARDLAW: I wish I had made some copies 24 of it, but I didn't. This is north and those are the two 25 little alleys. 9-23-02 29 1 COMMISSIONER WILLIAMS: We have that. 2 MR. WARDLAW: You've got that? 3 COMMISSIONER WILLIAMS: That's in our packet. 4 MR. WARDLAW: As Bill said, we have been to 5 -- gone to great lengths to acquire these parcels of land. 6 Three men bought the parcels originally and removed a 7 junkyard, cleaned the property. We had high school kids 8 helping us clean the property to get it to its current 9 state. We now have hired a master planner that has drawn up 10 a big master plan for the park, to include a museum, 11 public -- big, open amphitheater-type thing, entry wall with 12 bricks honoring the people that have lived and worked in the 13 Center Point area, to make this a big community piece of 14 property. And there are two alleys that are cutting -- 15 those two alleys that are cutting through the property. We 16 have spoken with the American Legion; we've talked to them, 17 and we both agreed we could split these down the middle 18 where they're adjoining our properties. They could complete 19 their landscaping projects, and we could then move ahead 20 with our landscaping projects and our master plan. 21 COMMISSIONER WILLIAMS: Thank you, Ken. 22 David, do you want to address the issue, or are we satisfied 23 that we've covered it adequately? I have in my possession 24 two quitclaim deeds, one to the Center Point Area Historical 25 Preservation Association, the other to American Legion Post 9-23-02 30 1 583, which the County Attorney has prepared. Anything you 2 want to add to this discussion, David? 3 MR. MOTLEY: Really, the only thing I might 4 add is that you had made mention that there were -- there 5 were reserved alleyways and streets, and it looks to me like 6 the streets were -- the part of them reserved as streets are 7 currently being used as streets, so I just made this for the 8 alleyways. I think that's it. And it looks like that ought 9 to do the job there. 10 COMMISSIONER WILLIAMS: Okay. Judge, I would 11 move Court approval of the -- let's see if I can phrase 12 this -- quitclaim deeds -- County issuing quitclaim deeds 13 for its interest in alleyways to the Center Point Area 14 Historical Preservation Association and to the American 15 Legion Post 583, I believe it is. If you need to add 16 anything -- and the County Judge to sign same. 17 COMMISSIONER GRIFFIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Williams, second by Commissioner Griffin, that the Court 20 authorize issuance of quitclaim deeds from Kerr County to 21 the Center Point Area Historical Preservation Association 22 and the Center Point American Legion Post 583 for the 23 County's right and interest, if any, in certain alleyways 24 identified in the quitclaim deeds, and authorize County 25 Judge to sign the deeds. 9-23-02 31 1 COMMISSIONER LETZ: And there is a legal 2 description in the quitclaims of the alleyways? 3 COMMISSIONER WILLIAMS: Legal description's 4 in there. 5 MR. MOTLEY: What this actually is, is the 6 original language creating the subdivision. I just set that 7 all out, and it identifies each of the 12 lots, as well as 8 the two alleyways. The 12-foot alleyway running -- I 9 believe it's east and west -- no, excuse me, it's north and 10 south, and then another 10-foot alleyway coming out to San 11 Antonio Street, I believe. There's an error, by the way, in 12 the original field notes. It says Lot 6, which I believe 13 was donated to the Historical Society by Mr. Hesseltine, 14 faced Kelly Street, and it does face San Antonio Street, but 15 we've left it as it was. But it's just reproduced, and the 16 alleyways are referred to as the land described as alleyways 17 in the following, you know, subdivision and plat field 18 notes. 19 COMMISSIONER WILLIAMS: I might add just one 20 quick note, Judge. While there's no representative from 21 American Legion here today, they are aware of this and have, 22 on many occasions, requested the same action be taken in 23 favor of them as well. 24 JUDGE HENNEKE: Any or questions or comments? 25 If not, all in favor, raise your right hand. 9-23-02 32 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Let's next 5 take up Item Number 8, consider and discuss report on the 6 Sheppard Rees Road project by the Road and Bridge Engineer. 7 Commissioner Baldwin. 8 COMMISSIONER BALDWIN: Yes, sir. As you 9 gentlemen remember, a month ago, we authorized transfers 10 from Schreiner Trust Fund moneys to that project, and we 11 just -- Franklin, I just want you to understand that this 12 Commissioners Court is just interested in getting the 13 project done and -- and completed. It's the -- it's the 14 project, in my mind, that we are actually getting out in 15 front of the building curve in Kerr County, and -- and 16 getting the road done before the high amount of traffic 17 actually is there. But I went out and walked around the 18 project last week, and there is a high amount of traffic out 19 there already. Man, and they drive way too fast. The 20 Sheriff needs to sit there with his pistol and slow some of 21 that down. 22 SHERIFF HIERHOLZER: I'll deputize you, 23 Commissioner. 24 COMMISSIONER BALDWIN: So -- so, with that 25 large of a project, I just asked the engineer to come in and 9-23-02 33 1 kind of give us a report of when he -- and the printout that 2 he sent over here on that project is very, very clear, and I 3 appreciate you doing that, Franklin. Thank you. 4 MR. JOHNSTON: The only -- the only comments 5 I had -- you know, I got your memo, and it mentioned the 6 $307,000, as if we knew that was -- what that was all about. 7 We were really -- didn't have a clue what that was about. 8 Our budget was broken up in several projects. We just 9 wanted to, I mean, go over that, clarify that, make sure 10 we're all on the same page. We originally had capital 11 outlays of -- of -- about that amount, and we have -- in the 12 600 item, we had a computer for $3,300, which was cut. And 13 then we had 611 items; we had Sheppard Rees, which was 14 $231,000. 15 COMMISSIONER BALDWIN: Let me explain it to 16 you so you don't have to go through all that. We were 17 sitting here in the budget process. There was lots of 18 numbers flying all over the table, and the Judge and I both 19 said we think the project -- I remember numbers like 20 307,000. And we said, "Let's do it by..." and went on to 21 the next project. 22 MR. JOHNSTON: So, all these other projects 23 are not -- you know, not included? I mean, it's just this 24 project and that's it? Or -- 25 COMMISSIONER BALDWIN: That is correct. 9-23-02 34 1 MR. JOHNSTON: Or that one as a priority? 2 COMMISSIONER GRIFFIN: That money for -- that 3 particular money was taken from the Sheppard Rees. 4 JUDGE HENNEKE: Time out. All we did was -- 5 you know, you had $231,000 in the budget for Sheppard Rees. 6 MR. JOHNSTON: Yes, plus several other 7 projects. 8 JUDGE HENNEKE: No, we had $231,000 in the 9 budget for Sheppard Rees. Focus on that. 10 MR. JOHNSTON: Yes, sir. 11 JUDGE HENNEKE: What we did was we authorized 12 transfer of that -- of that amount of money from the 13 Schreiner Road Trust to the Road and Bridge budget for use 14 on the Sheppard Rees project. 15 MR. JOHNSTON: Well, that was 231, but you 16 transferred 307, so that's why I'm confused. That's almost 17 the total amount. 18 JUDGE HENNEKE: I don't know where 307 comes 19 from. It's -- 231 is the amount. 20 COMMISSIONER GRIFFIN: 307 was what was there 21 that we could use. 22 COMMISSIONER LETZ: I think -- no, 307 is 23 what we had previously cut, and we restored that full 24 amount, including 231, I think, the Sheppard Rees. 25 MR. JOHNSTON: That's the confusion, trying 9-23-02 35 1 to get these numbers clarified. 2 COMMISSIONER BALDWIN: 231 is what we 3 transferred. 4 JUDGE HENNEKE: From Schreiner Road Trust. 5 COMMISSIONER LETZ: And the balance to get 6 that 307 is the other things that we had cut in the 7 capital -- on the -- you know, to get some other items. I 8 don't remember remember exactly what they all were. 'Cause 9 we restored everything that we cut, as I recall. 10 MR. JOHNSTON: That's what I'm saying. All 11 these other items are also restored besides Sheppard Rees, 12 but Sheppard Rees is a priority item? Is that how we should 13 look at it? 14 JUDGE HENNEKE: It has nothing to do with 15 priorities. The budget you submitted had a figure of 16 $231,000 for the Sheppard Rees. 17 MR. JOHNSTON: That's correct. 18 JUDGE HENNEKE: In order to avoid having to 19 take $231,000 out of reserves, Commissioner Baldwin and 20 Commissioner Griffin agreed that the $231,000 for Sheppard 21 Rees could come from the Schreiner Road Trust. 22 MR. JOHNSTON: However, in his memo, it said 23 $307,000. 24 COMMISSIONER BALDWIN: Yeah, I see what 25 you're saying now, and I apologize. 9-23-02 36 1 MR. JOHNSTON: It's not 231, it's 307. 2 COMMISSIONER BALDWIN: That is absolutely 3 correct. If you look at the original memo I sent you -- 4 MR. JOHNSTON: That restores all -- 5 COMMISSIONER BALDWIN: Let me finish. In 6 your original memo that I sent out there, it says $231,000. 7 How that 307 got in put in there, I don't have any damn 8 idea. It's 231. Finish the project, please. You need 9 anything else clarified, or what? 10 COMMISSIONER LETZ: I think we need to 11 clarify the rest of the money. 12 MR. JOHNSTON: That's a big difference. 13 COMMISSIONER BALDWIN: 231. 14 MR. JOHNSTON: Okay. 15 COMMISSIONER LETZ: That's Sheppard Rees. 16 But the -- 17 COMMISSIONER BALDWIN: Sheppard Rees only. I 18 don't know what you're doing around the rest of the county. 19 I'm not interested. Today we're talking about Sheppard 20 Rees. 21 COMMISSIONER LETZ: Right. Okay. 22 MR. JOHNSTON: But I -- you know, my 23 confusion is your memo said that number. That's where I got 24 it. 25 COMMISSIONER BALDWIN: Okay. I deeply 9-23-02 37 1 apologize, Franklin. Would you accept my apology? 2 MR. JOHNSTON: I do. 3 COMMISSIONER BALDWIN: Thank you. 4 MR. JOHNSTON: That may have an impact on 5 what I'm going to say in the rest of this, 'cause we were 6 looking at 307, but we were confused if that was just this 7 project or if it was something else. 8 COMMISSIONER WILLIAMS: Well, so that 9 somebody who doesn't benefit by Schreiner Road Trust 10 understands this correctly, we're only transferring $231,000 11 from the Schreiner Road Trust. 12 COMMISSIONER BALDWIN: That's right. 13 COMMISSIONER WILLIAMS: Okay. 14 COMMISSIONER GRIFFIN: Wait a minute. 15 MR. TOMLINSON: Actually, we're not 16 transferring. The way I see it, we're actually spending -- 17 using the money from that -- 18 COMMISSIONER WILLIAMS: Okay. 19 MR. TOMLINSON: -- trust. 20 COMMISSIONER LETZ: So, that 231 does not 21 show up in -- it shows up under the Schreiner Road Trust and 22 not under your -- on other funds? 23 MR. TOMLINSON: That's correct. 24 COMMISSIONER LETZ: General funds. 25 MR. JOHNSTON: That was also part of the 9-23-02 38 1 confusion, 'cause it didn't show up anywhere. 2 COMMISSIONER GRIFFIN: Remembering -- 3 remembering that Schreiner Road Trust is going to be used in 4 Precincts 1 and 4, -- 5 MR. JOHNSTON: Right. 6 COMMISSIONER GRIFFIN: -- what we said was 7 that the amount that was requested for Sheppard Rees would 8 be funded from -- from the trust fund. 9 MR. JOHNSTON: Mm-hmm. 10 COMMISSIONER GRIFFIN: Up to whatever was 11 available. As it turns out, I think that's where the 307 12 came from. It should 231. 13 COMMISSIONER BALDWIN: 231 is what you have. 14 MR. JOHNSTON: However, the -- the other 15 projects are in 4, so they -- 16 COMMISSIONER LETZ: No. It was only that one 17 project. The rest of it was as -- 18 COMMISSIONER GRIFFIN: As mentioned. 19 COMMISSIONER LETZ: Tommy had modified the 20 budget. 21 MR. JOHNSTON: Okay. Now that that's 22 somewhat cleared up, let me proceed. So far in Sheppard 23 Rees, eight major steps have been completed. Engineering 24 plans are complete. The right-of-way has been acquired. 25 The fence near Horizon has been relocated. The bid packet 9-23-02 39 1 has been written; it needs probably to be slightly 2 rewritten, depending on what -- how we're going to organize 3 the bid here in this next month, but that will take a very 4 small amount of time to do that. Road base has been 5 stockpiled on-site, 6,500 tons. Right-of-way has been 6 cleared of vegetation. Siltation screens have been placed 7 along the entire site, and all the pipes -- drainage pipes 8 have been purchased and are located on the site. 9 Only three steps remain to have it completed, 10 one being the -- the bid for the subgrade, which would be 11 cuts and fills, approximately 70,000 cubic yards of 12 material. And that, I think, is where the number -- the 231 13 had come from, is just to do that part -- that step, that 14 part of the project. When we saw the 307 number, we 15 thought, well, we can get the whole thing done with the 16 contractor, but I think the 231 is probably going to pay for 17 the subgrade only, if we put it out to bid. Now, that would 18 also include signage, flagging, and keeping the road open to 19 through-traffic during the -- during this phase of the 20 project. We're going to have an alternate bid to have the 21 contractor place material that's on-site, the base material, 22 and place it on the road. I don't know if -- you know, I 23 don't know if the budget would handle that, but we'll have 24 to see when the bids come in, see how we're going to handle 25 that. And then that's approximately a three, three and a 9-23-02 40 1 half month project. That will put us in the spring, and 2 Road and Bridge Department will pave the road, and that will 3 be the end of the project. Phase I up to the Shep -- up to 4 Horizon. 5 COMMISSIONER BALDWIN: Franklin, when you get 6 -- when you get down into that area, would you -- and it 7 looks like you're spending the $231,000 -- and, as you said, 8 that's not even going to be anywhere near to finish the 9 project -- would you please report back to the Commissioners 10 Court and give us the status of where you are, please? 11 MR. JOHNSTON: I think probably even before 12 that; I think at bidding, we'll pretty much know at that 13 point. And I think we'll have to, you know, make decisions 14 at that point, what -- how far we're -- if we want to do 15 another year, if we want to, you know, do -- do it another 16 way, or -- or how we want to finish up on it. 17 COMMISSIONER BALDWIN: I'd appreciate that. 18 Thank you. 19 MR. JOHNSTON: Yeah. 20 COMMISSIONER BALDWIN: Thank you very much. 21 JUDGE HENNEKE: Any other questions for 22 Franklin on that project? 23 COMMISSIONER LETZ: I have a related 24 question, because of the number 8 item he has on here 25 related to flood damage. The question is, that six-month 9-23-02 41 1 time period, are we able to get it done in six months, the 2 flood damage? You said we have six months to get the work 3 done by FEMA? 4 MR. JOHNSTON: We were wanting to contract 5 all of this project so we can use our -- our crews and our 6 hourly crews to complete that -- those projects in six 7 months. Now, if we run out of money on the 231 versus the 8 other, you know, that would -- we'd have to make a decision. 9 We either want to do that project in-house, or -- you know, 10 this project's pretty important; we have to get that done or 11 we don't get reimbursed, so we're kind of getting tight on 12 some of that. 13 COMMISSIONER LETZ: Okay. Just -- I'd 14 probably send out a request, then, to have an upgrade -- 15 update on the flood next meeting, or maybe late October -- 16 mid-October, because that flood is still real important. I 17 know there's -- a lot of the roads in Precinct 3 are still 18 in really bad shape. I know y'all are aware of that and are 19 working on them as you can, but I didn't realize you've got 20 a six-month period, and the Hermann Sons bridge issue also. 21 We just need to get a good update on the flood situation. 22 MR. JOHNSTON: A lot coming up this year. A 23 lot of the program we didn't finish this year, we're going 24 to have to try to work it in next. A lot of extra work. 25 COMMISSIONER LETZ: All right. 9-23-02 42 1 COMMISSIONER BALDWIN: You're not thinking 2 this project is affecting the timetable of -- of the flood 3 work? 4 COMMISSIONER LETZ: It potentially could. 5 COMMISSIONER BALDWIN: I see. 6 MR. JOHNSTON: It depends on the way you're 7 funding it. That's why I was so confused about the money. 8 If we have enough money to contract the entire amount, it 9 won't affect it, basically, but if we have to do a lot of it 10 in-house, it's going to affect it, 'cause we only have so 11 many hours we can work. 12 COMMISSIONER BALDWIN: I see. You're 13 contracting it out. Where is the -- I don't get it. 14 JUDGE HENNEKE: We have to do the -- the 15 flood damage mitigation; we have the timetable on that. 16 COMMISSIONER BALDWIN: That's a must. I 17 understand that. 18 JUDGE HENNEKE: So, anything else that has to 19 be shifted will be shifted. 20 MR. JOHNSTON: You know, contracting out, you 21 know, you have a contract to do the work versus having Road 22 and Bridge doing it in-house. That's what I'm talking 23 about. 24 COMMISSIONER LETZ: The only part you're 25 looking at doing in-house is the sealcoating. 9-23-02 43 1 COMMISSIONER BALDWIN: That's way down the 2 road. 3 MR. JOHNSTON: No. The question would be 4 placing the base. That would be an item that we could do 5 in-house, or we could contract, and that's what we'd prefer, 6 is to contract out, have it all done. 7 COMMISSIONER GRIFFIN: That's included in the 8 231 budget? 9 MR. JOHNSTON: It's an alternate. 10 COMMISSIONER GRIFFIN: Placing it? 11 MR. JOHNSTON: I talked to Leonard. I think 12 231 is the subgrade. That's where you come up with that 13 number. I think it may not include placing the base. 14 COMMISSIONER BALDWIN: Well, I put this on 15 the agenda so I could clarify some things, and it's gotten 16 worse. I'll get with you guys and visit. We'll visit. 17 COMMISSIONER LETZ: Just -- and I think 18 that's good, but if there's more than 231 available in the 19 Schreiner Trust and the two of you want to use it for 20 this -- 21 COMMISSIONER GRIFFIN: And we said we did. 22 COMMISSIONER LETZ: Yeah, we could get it 23 done. I agree it needs to get done. 24 COMMISSIONER BALDWIN: We'll go back and look 25 at it. 9-23-02 44 1 MR. JOHNSTON: If everyone wants to get it 2 done, it will be done. 3 JUDGE HENNEKE: Okay, thank you. 4 COMMISSIONER BALDWIN: Thank you. 5 JUDGE HENNEKE: Let's go back and pick up 6 Item Number 2, consideration and approval of the funding 7 from Hill Country Alternate Dispute Resolution Center, Inc. 8 Mr. Emerson? 9 MR. EMERSON: Thank you, Judge, 10 Commissioners. I apologize for being late; I was tied up 11 upstairs in District Court. I'm sure -- if you've seen the 12 letter from Ms. Bailey, what we've done is reapproached the 13 Court with an annual funding request based on one full-time 14 employee, and based on our conversations with the Bexar 15 County and Travis County Alternative Dispute Resolution 16 Center, potential hire of of one part-time employee to 17 supplement that. And, as such, we've asked the County for 18 $42,480 to be used on personnel funds for this center. It's 19 my understanding from Ms. Uecker that there's about $70,000 20 currently in the fund. 21 JUDGE HENNEKE: So you're asking us to 22 increase what we have now to the $42,408; is that correct? 23 MR. EMERSON: That's correct. My 24 understanding is the original presentation was that a 25 six-month presentation was made, and we were asked to come 9-23-02 45 1 back with an annual presentation, one year, to match up with 2 the County's budget line items, and that's what we've done. 3 And the only difference other than that is that we have 4 added the part-time employee as a potential employee, based 5 on the information we received from the other centers. 6 JUDGE HENNEKE: Any questions? 7 COMMISSIONER LETZ: What -- the $70,000 in 8 that fund currently, plus-or-minus, what happens when that 9 amount is exhausted? 10 MR. EMERSON: Theoretically, based on our 11 numbers and our conversations with the community grant 12 funding and with the -- we think we can generate income. We 13 should be self-sufficient monetarily within about a year and 14 a half. 15 COMMISSIONER LETZ: Okay. 16 COMMISSIONER WILLIAMS: Rex, you're showing 17 other funds totaling $22,600, for a total budget of $65,000. 18 What's the status of your obtaining these other funds? 19 MR. EMERSON: We've submitted one grant 20 application for $8,200, which my understanding, it's most 21 likely going to be approved. There have been several other 22 charitable organizations that have been approached that have 23 been very positive and supportive of this issue, but those 24 grant applications are in process at this time. 25 JUDGE HENNEKE: This is what that fund's set 9-23-02 46 1 up for. 2 COMMISSIONER BALDWIN: Sure. I'll move for 3 approval. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Baldwin, second by Commissioner Griffin, that the Court 7 approve the request from the Hill Country Alternative 8 Dispute Resolution Center, Inc., to allocate $42,480 from 9 the Alternate Dispute Resolution Fund for their operations 10 for the next fiscal year. 11 COMMISSIONER LETZ: Is this -- this is a 12 change from what's in the budget, correct? 13 JUDGE HENNEKE: Yes. We currently have 14 21, 2, I think, in the budget. 15 MR. TOMLINSON: I don't recall what's in the 16 budget currently. 17 JUDGE HENNEKE: It's 21 or 22. This is about 18 doubling what's in the current budget. 19 COMMISSIONER LETZ: And the only reason -- I 20 have no problem doing it, but is it easier to do it -- can 21 we get the change in the budget before we finalize the 22 budget, or do we need to do a budget amendment on October 23 13th? 24 JUDGE HENNEKE: We have a number of budget 25 amendments that will be considered before we act on the 9-23-02 47 1 final budget, so we can just add this to them. 2 COMMISSIONER LETZ: Okay. 3 COMMISSIONER BALDWIN: Can I ask you a 4 question? 5 MR. EMERSON: Sure. 6 COMMISSIONER BALDWIN: We had talked about 7 the physical facility upstairs for them to house your group. 8 We talked about that little cubbyhole over in the corner. 9 There's enough room for a desk and computer and that kind of 10 thing there. Isn't that what we -- 11 MR. EMERSON: That's correct. 12 COMMISSIONER BALDWIN: And now we're up to 13 two employees. What do we do -- where are we going to put 14 the other person? 15 MR. EMERSON: I think there's room in there 16 for that second employee. That won't be somebody that will 17 be brought on board initially, anyway. 18 COMMISSIONER BALDWIN: In that same little -- 19 MR. EMERSON: Correct. 20 COMMISSIONER BALDWIN: -- cubbyhole area? 21 MR. EMERSON: We won't require any additional 22 space. 23 COMMISSIONER BALDWIN: Okay. If you start 24 branching out a little bit, please come back. 25 MR. EMERSON: Yes, sir. 9-23-02 48 1 COMMISSIONER BALDWIN: Save a knock-down, 2 drag-out later. 3 JUDGE HENNEKE: Any other questions or 4 comments? If not, all in favor, raise your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE HENNEKE: Opposed, same sign. 7 (No response.) 8 JUDGE HENNEKE: Motion carries. Thank you, 9 Rex. 10 MR. EMERSON: Thank y'all. 11 JUDGE HENNEKE: We have a public hearing at 12 10:00. I'll bet we can sneak in Number 9 if we wanted to. 13 Let's do Number 9, which is consider and discuss engagement 14 of Pressler Thompson Company to do the Kerr County audit for 15 Fiscal Year 01-02. 16 COMMISSIONER BALDWIN: Judge, because these 17 are professional services, bidding is not required? 18 JUDGE HENNEKE: That's correct. 19 COMMISSIONER BALDWIN: I move -- I move for 20 approval. I move that we approve. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Baldwin, second by Commissioner Williams, that the Court 24 approve the engagement of Pressler Thompson Company to do -- 25 to perform the Kerr County audit for FY 01-02. Before we 9-23-02 49 1 vote, Tommy, how many years has Pressler Thompson been doing 2 the audit now? 3 MR. TOMLINSON: I'm not sure. At least five. 4 JUDGE HENNEKE: The Auditor explained to us 5 earlier in the year that it was important in his mind that 6 we keep the same auditor, because of the transformation to 7 GASB 34. 8 MR. TOMLINSON: Right. 9 JUDGE HENNEKE: Which I think is a totally 10 legitimate request. 11 MR. TOMLINSON: I've already had extensive 12 conversation with them concerning the conversion to the GASB 13 34, and I'm going to have to rely on some -- you know, their 14 expertise and feel. And the third-party auditors are the 15 people that we have to satisfy, so I think -- I just -- 16 they're familiar with our system and they're familiar with 17 the reporting that we do now, so I -- I just think it's 18 logical to keep them for at least the next year. 19 COMMISSIONER LETZ: When will the 20 transformation be complete from -- from the audit 21 standpoint? 22 MR. TOMLINSON: Well, after the end of this 23 fiscal year, we actually have to -- we actually have to 24 restate the numbers at the end of -- of this fiscal year. 25 The conversion itself will take place all through the -- all 9-23-02 50 1 through next year. The first statement that will -- that we 2 will present under GASB 34 will be, again, this coming 3 fiscal year, but at the same time, we will restate this 4 fiscal year. 5 COMMISSIONER LETZ: Okay. 6 COMMISSIONER GRIFFIN: So you have a base to 7 work from. 8 COMMISSIONER LETZ: Okay. So, if we -- the 9 transformation, basically, at the end of the 2003 budget. 10 We -- it will be completed, so that will be a good time to 11 go out for proposals for -- or put this -- discuss this at 12 length again. 13 JUDGE HENNEKE: Okay. Any other questions or 14 comments? If not, all in favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE HENNEKE: Opposed, same sign. 17 (No response.) 18 JUDGE HENNEKE: Motion carries. All right 19 it's now 10 o'clock. At this time, we will recess the Kerr 20 County Commissioners Court special session, open the public 21 hearing on the issue of regulatory signs, name change, and 22 school zone for Our Lady of the Hills High School. 23 (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing 24 was held in open court, as follows:) 25 P U B L I C H E A R I N G 9-23-02 51 1 JUDGE HENNEKE: Is there any member of the 2 public who would like to address the Commissioners Court 3 during this public hearing on the issue of regulatory signs, 4 name change, and school zone for Our Lady of the Hills High 5 School? 6 (No response.) 7 JUDGE HENNEKE: Once again, is there any 8 member of the public who would like to address the Court 9 during this public hearing on the issue of regulatory signs, 10 name change, and school zone for Our Lady of the Hills High 11 School? Seeing none, I declare the public hearing to be 12 closed, and we'll now reconvene this regular special session 13 of the Kerr County Commissioners court. 14 (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court 15 meeting was reopened.) 16 - - - - - - - - - - 17 JUDGE HENNEKE: The next item for 18 consideration is Item Number 5, which is to consider 19 approval for regulatory signs, name change, and school zone 20 for Our Lady of the Hills High School, as presented in the 21 public hearing. Commissioner Williams? 22 COMMISSIONER WILLIAMS: I have a question, 23 Judge. I want this to move forward, but this is not all 24 about the Lady of the Hills High School, as it seemed to 25 indicate here. This is about changing names, about 9-23-02 52 1 establishing some speed limits on three different roads in 2 the county, and about dumping, about stop signs, as well as 3 school zone. 4 JUDGE HENNEKE: That's correct. And the 5 public hearing is accurate. The public hearing states that 6 it -- the public notice states the public hearing will be to 7 consider adoption of the proposed road name change in 8 accordance with the guidelines of Kerr 911, regulatory signs 9 in various locations of Kerr County, and to establish a 10 school zone for Our Lady of the Hills High School. 11 COMMISSIONER WILLIAMS: Okay. 12 JUDGE HENNEKE: So that is actually what 13 we're considering at this time. 14 COMMISSIONER WILLIAMS: Then I would move 15 approval for all of the above. 16 COMMISSIONER LETZ: Second. 17 JUDGE HENNEKE: Motion by Commissioner 18 Williams, second by Commissioner Letz, that the Court 19 approve the name change, regulatory signs, and school zone 20 in Kerr County. Just for clarification, I'm going to recite 21 those. The name change is to change the name, currently 22 Skyline Drive West, to Nimitz Drive West. The speed limits 23 on Old Mountain Home Loop Northwest will be 35 miles per 24 hour, Boardwalk North would be 45 miles per hour, Honey 25 Creek West would be 35 miles per hour. "No Dumping" signs 9-23-02 53 1 on Kerrville South Drive South and Pike's Peak South. A 2 stop sign at Beaver Road South, which stops to Indian Creek 3 Road South, and a 20 mile-per-hour speed limit and school 4 zone 200 feet east and west of Our Lady of the Hills High 5 School property on Peterson Farm Road North during the hours 6 of 8 a.m. to 9:15 a.m., and during the time of 3 p.m. to 4 7 p.m. Also, a "School Speed Zone Ahead" sign 500 feet east 8 of the 20 mile-per-hour school zone on Peterson Farm Road. 9 COMMISSIONER WILLIAMS: I have a question of 10 the County Engineer. Franklin, I know we put up temporary 11 signs to benefit the school. Has the permanent flashing 12 sign been ordered? 13 MR. JOHNSTON: It's been ordered. 14 COMMISSIONER WILLIAMS: And does the school 15 know the cost of reimbursement to the County for that 16 amount? 17 MR. JOHNSTON: My understanding is we will 18 notify them. I think the school pays for it and we install 19 it and operate it, but yeah. 20 COMMISSIONER WILLIAMS: Thank you. 21 JUDGE HENNEKE: Motion's been made and 22 seconded. Any other questions or comments? If not, all in 23 favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 9-23-02 54 1 (No response.) 2 JUDGE HENNEKE: Motion carries. As we wait 3 for the time for our next consideration, let's take up Item 4 Number 10, and perhaps successive items. Item Number 10 is 5 consider and discuss Order of the General Election required 6 by Section 3.004 and 3.005 of the Texas Election Code, and 7 authorize the County Judge to sign the Order of Election. 8 Jannett Pieper. 9 MS. PIEPER: Well, Judge, you said it all 10 again. This is just a formality that we have to go through. 11 The governor orders the election for state and federal, and 12 the County Judge and Commissioners order the -- order the 13 election for the county and precinct officers. 14 COMMISSIONER WILLIAMS: So moved. 15 COMMISSIONER BALDWIN: Second. 16 COMMISSIONER LETZ: Second -- third. 17 JUDGE HENNEKE: Motion by Commissioner 18 Williams, second by Commissioner Baldwin, that the Court 19 order the general election as required by Section 3.004 and 20 3.005 of the Texas Election Code, and authorize County Judge 21 to sign the Order of Election. Any other questions or 22 comments? If not, all in favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE HENNEKE: All opposed, same sign. 25 (No response.) 9-23-02 55 1 JUDGE HENNEKE: Motion carries. Item Number 2 11, consider and discuss approval of the polling locations 3 in accordance with Chapter 43 of the Texas Election Code. 4 Jannett? 5 MS. PIEPER: Gentlemen, after many e-mails to 6 you, these are the election sites that I have come up with. 7 JUDGE HENNEKE: Any questions or comments? 8 COMMISSIONER WILLIAMS: I have a comment. 9 Might be a question. I know that the County Clerk is 10 satisfied that the change of locations at Precinct 202 saves 11 us some money in the election fund. I would, again, raise 12 the issue of -- the fact that during any given election day, 13 unless it falls on a Saturday or Sunday, which they don't 14 often do, there are people in the American Legion building 15 eating their lunch during the -- 16 MS. PIEPER: That is correct. 17 COMMISSIONER WILLIAMS: -- during the voting, 18 too. I want you to tell the Court you don't think that's a 19 problem. 20 MS. PIEPER: No, sir, I don't think that's a 21 problem. I have checked that out, and there will be as many 22 as up to 10 people eating. The meals are provided by the 23 program Meals on Wheels. They will be serving that in the 24 front of the American Legion building, and the voting will 25 be going on in the back, so I'm hoping that those 10 people 9-23-02 56 1 that come in to eat can vote as well while they're there. 2 They will probably be there, at the most, two hours serving 3 meals, so I don't anticipate that being a problem at all. 4 COMMISSIONER WILLIAMS: Okay. 5 JUDGE HENNEKE: Any other questions or 6 comments? 7 COMMISSIONER BALDWIN: Mrs. Clerk, I know 8 this is -- once again, I'm late in expressing a concern, but 9 the early voting happening in the courthouse, if I had the 10 opportunity to vote on that issue, I would vote against 11 doing that. I just thought about it, and I just -- it's 12 going to be a logistics nightmare down there. But I'm sure 13 that it's too late to try to change something like that. I 14 just wanted to express my concern about it. 15 MS. PIEPER: I don't think it will be a 16 nightmare. I think if we hold the election down in the area 17 right after you go out of the elevator, I think it would be 18 an excellent place. 19 COMMISSIONER BALDWIN: Okay. You can't have 20 my parking place. 21 MS. PIEPER: I won't need your parking place. 22 COMMISSIONER BALDWIN: Just teasing. 23 JUDGE HENNEKE: You're probably going to have 24 500 people a day, minimum, voting, and I have some real 25 concerns about the parking and the -- and I agree with 9-23-02 57 1 Commissioner Baldwin; I think it's going to be very 2 difficult. You're going to have some large signs printed, 3 you know, "Parking for Voters Only," and "Voting This Way." 4 MS. PIEPER: It's your call, gentlemen. If 5 y'all want me back at Zion Lutheran, that's fine; I have to 6 increase that budget. I mean, that's strictly up to y'all. 7 COMMISSIONER BALDWIN: That just changed it. 8 COMMISSIONER LETZ: I think we ought to -- 9 MS. PIEPER: I was told to cut my budget, and 10 I had to figure out a place. I mean, that's strictly up to 11 y'all. 12 COMMISSIONER LETZ: I think -- I look forward 13 to trying it. I think the courthouse is a much better 14 location; is the best location to do it, if we can. If it 15 doesn't work, we'll have to move it somewhere else. 16 MS. PIEPER: I think if we hold the voting 17 right as you walk out the elevator door, I don't think we 18 will need to designate any location for actual voter 19 parking. I think they'll be able to park anywhere within 20 the courthouse, as long as I have one sign by the elevator 21 that says "Elections," and the lower level. I think that's 22 the only signage that we will need. As they walk off the 23 elevator, then we're right there, so it's not going to be 24 like having to walk in a side door at the bottom and figure 25 out if I need to turn right or left and go down the hallway. 9-23-02 58 1 I think that lower level is -- is large enough and visible 2 enough. 3 COMMISSIONER BALDWIN: Are you not going to 4 try to bring them in the back door as well? 5 MS. PIEPER: I can do that, but that's -- I 6 can do that, but I don't see that we would need to. If 7 we -- if we use one of the side rooms down there, then yes, 8 I think it would probably be better. 9 COMMISSIONER BALDWIN: Okay. Help me just a 10 minute. I've read somewhere in here last night that we were 11 talking about -- we're asking all the elected officials that 12 park down there -- 13 MS. PIEPER: That's if we use a side room. 14 Then I think it would be better -- 15 COMMISSIONER BALDWIN: I'll just shut up. 16 MS. PIEPER: -- to do that, but if we use the 17 big room right as you go out the elevator, then I don't 18 think we need to designate parking. 19 COMMISSIONER BALDWIN: Okay. 20 COMMISSIONER GRIFFIN: I agree with 21 Commissioner Letz; it's worth a try, see if it works. If it 22 doesn't, next time around you can approve somewhere else. 23 JUDGE HENNEKE: Okay. We have a motion and a 24 second on Item 11. Any other questions or comments? 25 COMMISSIONER GRIFFIN: Did we vote? 9-23-02 59 1 JUDGE HENNEKE: We didn't. 2 COMMISSIONER BALDWIN: I move that we approve 3 this -- 4 JUDGE HENNEKE: Polling location. 5 COMMISSIONER BALDWIN: -- polling location. 6 COMMISSIONER LETZ: Second. 7 COMMISSIONER GRIFFIN: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Baldwin, second by Commissioner Letz, that the Court approve 10 the polling locations in accordance with Chapter 43 of the 11 Texas Election Code. Questions or comments? If not, all in 12 favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Number 12, 17 consider and discuss appointment to serve as central 18 counting station personnel pursuant to Chapter 127 of the 19 Texas Code. 20 MS. PIEPER: Gentlemen, this is just another 21 formality. Chapter 127 just states that we have to 22 designate a central counting station presiding judge and 23 manager, and which I am always that. Tabulating supervisor 24 will be my chief deputy, which is Nadene, and then the 25 assistant tabulating supervisor would be Mindy Williams. 9-23-02 60 1 COMMISSIONER LETZ: So moved. 2 COMMISSIONER GRIFFIN: Second. 3 JUDGE HENNEKE: Motion by Commissioner Letz, 4 second by Commissioner Griffin, that the Court appoint 5 Jannett Pieper, Nadene Alford, and Mindy Williams to serve 6 as the central counting station personnel pursuant to 7 Chapter 27 of the Texas Election Code. 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. And I would 13 assume we don't need to do Item 13, then? 14 MS. PIEPER: That's correct, Judge. I'll 15 pull that item. 16 JUDGE HENNEKE: Okay, thank you. Item 14, 17 consider and discuss setting the Sheriff's and Constables' 18 fees as required under the Texas Election Code, (sic) 19 Section 118.131. 20 COMMISSIONER BALDWIN: I couldn't find 21 anywhere in there where there was any change in any of the 22 numbers. 23 MS. PIEPER: There are no changes. I talked 24 with the Sheriff, and he chooses not to increase any of the 25 fees this year. He wants to look at them more closely prior 9-23-02 61 1 to getting them approved next year, so all the fees will 2 stay the exact same. 3 COMMISSIONER BALDWIN: I move for approval. 4 COMMISSIONER WILLIAMS: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Baldwin, second by Commissioner Williams, that the Court set 7 the Sheriff's and Constables' fees as required in the Local 8 Government Code, Section 118.131, as presented, which I will 9 note are the same fees as are currently in force. 10 MS. PIEPER: Thank you. 11 JUDGE HENNEKE: Any other questions or 12 comments? If not, all in favor, raise your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Okay. At 17 this time, we'll circle back to Item Number 6, which is 18 consider and discuss adoption of the Kerr County FY 02-03 19 budget. The Auditor has presented us with a list of 20 amendments, which have come out of the discussions we've had 21 and decisions we've made. The order of business will be 22 first to approve the amendments, and secondly, then to adopt 23 the budget as amended. In addition to the amendments that 24 are shown on Tommy's typewritten sheet, we'll have to add 25 the increase in the funding for the Hill Country Alternate 9-23-02 62 1 Dispute Resolution Center. 2 SHERIFF HIERHOLZER: May I mention one thing 3 that may come up later in the year? As y'all know, we lost 4 our Jail Administrator a week ago due to a heart condition, 5 and in looking outside our agency to replace that person, 6 which is what I feel I really need to do, I got a pretty 7 good eye-opener. With our facility housing 150 inmates, 8 normally at least, in checking with other counties in our 9 area, Gillespie County's Jail Administrator -- and they 10 house seven inmates, 'cause the rest of them are shipped 11 out. Comanche is paid currently about $3,000 more than our 12 starting salary for our Jail Administrator. And Kendall 13 County is -- their Assistant Jail Administrator, and they 14 have about a 48-bed facility, is paid about $4,000 more than 15 our Jail Administrator. This may cause me a problem in 16 trying to replace the Jail Administrator at the current step 17 and grade we have to go back to, because my current one was 18 a 21/6. If I go back to a 21/1, it's going to put it at 19 $28,000 for a jail administrator. Just something I thought 20 I ought to bring up and let y'all be aware of. I don't know 21 if we can correct it or if we need to wait and see, but it's 22 hard to interview one, Judge, without being able to give him 23 some kind of salary indication. I know we had talked about 24 that. I don't know what to do. 25 COMMISSIONER LETZ: I'm sympathetic to what 9-23-02 63 1 you're saying, but if we go into just one position, we open 2 up adjusting every position. 3 SHERIFF HIERHOLZER: Just something I think I 4 needed to bring up, let y'all be aware of. I felt this was 5 probably the appropriate time to bring it up. 6 COMMISSIONER BALDWIN: Judge, I have a couple 7 things that I think need to be addressed in the budget 8 amendments. The County Clerk -- I had asked for her -- and 9 I had a visit and I had asked her to make a list of the 10 areas where she is required to have continuing education, 11 and she provided me with that, and I'm assuming provided it 12 for everyone at the table. 13 MS. PIEPER: No. I've sent e-mails out and 14 didn't get a response, so I sent you that. 15 COMMISSIONER BALDWIN: Well, darn. Y'all -- 16 y'all need to take a look at this. Sorry, I just assumed 17 that y'all had gotten -- everybody had gotten a copy of it, 18 but there's numerous -- numerous schools that she's required 19 to go to. And I'm not promoting. It has to be on the 20 table; we have to talk about this. And I'm sure there are 21 other offices the same way. I don't know, but the County 22 Clerk is the only one that has approached me with it. And 23 she's required to go to -- you know, we go to a school or 24 two to be certified Commissioners and Judge. She has to be 25 certified in several different areas. 9-23-02 64 1 MS. PIEPER: You have to remember, I have 15 2 different departments. 3 COMMISSIONER LETZ: I think -- along that 4 same line, I think that we need to -- and I -- it's almost 5 too late in the process to do it right now, to go back, but 6 I think that next year we really need to look at each 7 department head and elected official's requirements by law, 8 and do their -- 'cause we got into -- and I what supported 9 doing in the past is kind of everyone gets the same amount, 10 and that doesn't work. This is -- 11 JUDGE HENNEKE: We haven't done that. I 12 mean, if I can call on the County Clerk, the District Clerk, 13 the Treasurer and Tax Assessor, we've allowed them to budget 14 what they needed for their legal requirements, and not only 15 just for legal requirements, but for the continuing 16 education they needed to perform their job. So, their 17 numbers have always varied over the four years I've been 18 here. Because of budget constraints this year, we cut 19 everybody back to $1,000. Actually, we cut it back to $500; 20 we increased most of them up to $1,000. And at our last 21 meeting, we said if you have special -- you know, if $1,000 22 is not enough to cover your CEU's, give us the information 23 you need, and two have done so -- actually, three have done 24 so. Unfortunately, I didn't get a copy of this, so I wasn't 25 able to write Tommy in order to put it in the budget. 9-23-02 65 1 MS. PIEPER: Judge, I didn't -- 2 (The court reporter's shorthand machine malfunctioned. While the machine was being 3 fixed, the Court took a brief recess, and reconvened at 10:30 a.m.) 4 - - - - - - - - - - 5 JUDGE HENNEKE: Okay. Let's -- it's 10:30. 6 Let's reconvene this meeting of the Kerr County 7 Commissioners Court. The topic for discussion is the 8 budget. Ms. Pieper was telling us of some other changes she 9 needs. I believe she's gone to make some copies and write 10 some numbers. She was showing me during the break that 11 there are four write-in candidates on this ballot, which 12 means that she's going to need additional personnel and 13 additional money in the Judges line item. I believe she's 14 asking for an additional $3,000 in that -- 15 (Ms. Pieper entered the courtroom.) 16 JUDGE HENNEKE: Jannett, I was just saying 17 you needed some additional money in your Judges line item. 18 MS. PIEPER: Yes. I had requested -- 19 JUDGE HENNEKE: Three or four? 20 MS. PIEPER: $3,000, I think, will be fine. 21 JUDGE HENNEKE: Okay. 22 MS. PIEPER: I have to get up counting teams 23 for every precinct now, because we have -- we have -- of 24 course, now we have a write-in on the constable, but we also 25 have a write-in on the governor and the senator. So, 9-23-02 66 1 therefore, we have to look at every precinct now. 2 JUDGE HENNEKE: Okay. 3 COMMISSIONER LETZ: So we need to add $3,000 4 to the Election line item? 5 MS. PIEPER: Right. 6 JUDGE HENNEKE: Judges and Clerks line item. 7 MS. PIEPER: I had requested the $15,000 8 initially, and -- 9 COMMISSIONER LETZ: $1,500? 10 MS. PIEPER: $15,000. 11 JUDGE HENNEKE: So that's an increase of 12 $3,000 in that line item. 13 MS. PIEPER: And then on the -- what I had 14 received from y'all was $12,000, but I'm going to have to 15 have that other money just to pay our counting teams. 16 JUDGE HENNEKE: You're asking for an increase 17 in your Conference budget? 18 MS. PIEPER: Yes, sir, I am, on the 19 elections. The e-mail I just gave you, I don't have any 20 amount for conference. 21 JUDGE HENNEKE: We put it all -- how much do 22 you need total for your conferences right now? You have 23 $1,000 for your conferences. How much do you need? 24 MS. PIEPER: To cover all of my expenses on 25 that, probably $2,050 in addition to what I have. 9-23-02 67 1 JUDGE HENNEKE: $2,050 in addition to what 2 you have? 3 MS. PIEPER: Yes. 4 JUDGE HENNEKE: Okay. That's -- 5 COMMISSIONER GRIFFIN: $3,000. 6 JUDGE HENNEKE: That's $1,000 more than you 7 had in your original request. 8 MS. PIEPER: Well -- 9 COMMISSIONER LETZ: Are you including probate 10 as -- 11 MS. PIEPER: Yes, I'm including probate in 12 that total figure. 13 COMMISSIONER WILLIAMS: What's the number 14 again? 15 COMMISSIONER LETZ: So we have $1,700 16 currently. If you add those two and you need $2,000 -- 17 JUDGE HENNEKE: $3,050, is what she's saying. 18 COMMISSIONER LETZ: $3,050? 19 MS. PIEPER: And then this little legal-size 20 sheet shows shows you where all that money goes. 21 COMMISSIONER BALDWIN: Isn't some of this 22 reimbursed? 23 MS. PIEPER: Some of it is, yes, but I never 24 know how much, so I have to budget. 25 COMMISSIONER BALDWIN: What part? 9-23-02 68 1 MS. PIEPER: For all of it. 2 COMMISSIONER BALDWIN: What do they reimburse 3 us for? 4 MS. PIEPER: The last two schools I went to, 5 they reimbursed us $70 per night on hotel, plus all of the 6 mileage. 7 COMMISSIONER BALDWIN: I mean, what 8 particular item? Like, probate? Or -- 9 MS. PIEPER: No, probate is not. 10 COMMISSIONER BALDWIN: Just your -- 11 MS. PIEPER: Just mine, yes. And it's not 12 every school that we get reimbursed on. I think we got 13 reimbursed on three schools last year, which was very good. 14 But this money that -- that we're getting reimbursed with, 15 on court costs, some of that money that goes to the State 16 gets put in that line item. 'Cause, used to, what little we 17 did get reimbursed before would only be, like, $40 or $50 a 18 night. Now it's gone up to $70. Hopefully it will just 19 continue to increase. 20 COMMISSIONER LETZ: What was the total amount 21 you got reimbursed last year? I mean, rough numbers. 22 MS. PIEPER: There was one school that I got, 23 like, 500-something on, and I don't remember the other two. 24 I just -- I gave the check to Barbara for her to -- 25 COMMISSIONER LETZ: Right. 9-23-02 69 1 MS. PIEPER: -- put back in the fund, in 2 the -- I don't remember whether she puts it in the General 3 Fund line item or something. 4 COMMISSIONER LETZ: Tommy, from -- from a 5 budget standpoint, that money -- the reimbursement funds go 6 back into the General Fund, correct? 7 (Mr. Tomlinson nodded.) 8 COMMISSIONER LETZ: So we'd have to budget 9 for the -- 10 MS. PIEPER: Yeah, they have to be budgeted. 11 And then when I get reimbursed, I give it to Barbara; she 12 just puts it back into -- 13 COMMISSIONER LETZ: General Fund. 14 MS. PIEPER: -- the General Fund. 15 COMMISSIONER BALDWIN: How did you -- how did 16 you get by this year? By not having to go to all the 17 schools? 18 MS. PIEPER: I did go to all the schools, 19 except for election school, which I sent Nadene and Cheryl 20 to. 21 COMMISSIONER LETZ: How do you get by 22 budget-wise? I mean, if you didn't -- I don't -- there 23 shouldn't be that much of a change from last year, between 24 this year and last year. 25 MS. PIEPER: There's not much of a change, 9-23-02 70 1 just -- I think I had increased it just maybe a hair to -- 2 because of the mileage, because I had never gotten the 34 3 cents a mile; I was still figuring the 28 cents. 4 COMMISSIONER LETZ: So -- I mean, but last 5 year it was $2,387, and this year it's $3,050, so it's about 6 a six -- $700 increase. I mean, to me -- we need to do it. 7 COMMISSIONER GRIFFIN: What's the number? 8 Did we ever hear a number? 9 JUDGE HENNEKE: We add $1,350? Is that where 10 we are? Take it up to $3,050? 11 COMMISSIONER GRIFFIN: Again, between those 12 two line items -- 13 JUDGE HENNEKE: You add the $1,350 to the 14 Conference line item. 15 COMMISSIONER LETZ: I guess the only -- I 16 mean, I'm almost there. My only question I have was, is 17 there any way we can cut back on hotel costs some? 18 MS. PIEPER: We get group rates, so it just 19 depends on what they're charging us. I mean, there are 20 times I can find cheaper hotels than what's actually at the 21 conference, and I do that. Sometimes you can't; it just 22 depends. But if you don't get your reservations in early, 23 you don't get a motel anywhere. 24 COMMISSIONER GRIFFIN: Most of the time, the 25 negotiating conference rate is about as good as you can do. 9-23-02 71 1 MS. PIEPER: Much cheaper. 2 COMMISSIONER LETZ: All right. 3 JUDGE HENNEKE: So, add $3,000 to the 4 Election Judge line item, and add $1,350 to the Conference 5 line item. That's what I'm hearing. 6 COMMISSIONER GRIFFIN: Okay. 7 JUDGE HENNEKE: Anything else? Anyone else 8 have anything? 9 COMMISSIONER BALDWIN: I have other issues, 10 but are you -- are you addressing -- still addressing the 11 County Clerk? 12 JUDGE HENNEKE: Is that yours, Jannett? Or 13 are we still -- 14 MS. PIEPER: Yes, that's mine. That's 15 correct. 16 JUDGE HENNEKE: Okay, thanks. Other issues? 17 COMMISSIONER BALDWIN: Okay. We're still on 18 Conference line items. The Commissioners Court, we were at 19 $900. Did we decide to go to the $1,000? We brought 20 everybody back to $500, and now we've said go back to 21 $1,000. Well, we stuck at $500, and that is not enough for 22 -- to go to two different conferences, or possibly three, so 23 I think that it needs to go back to the $900. Not $1,000, 24 but $900, like it's always been. 25 COMMISSIONER LETZ: I agree. And with the -- 9-23-02 72 1 you know, the comment that we're -- as they are, we're 2 required by law to go to conferences. 3 COMMISSIONER WILLIAMS: So that would be 4 adding -- 5 JUDGE HENNEKE: $1,600. 6 COMMISSIONER WILLIAMS: $400 times four? 7 Times five? Two thousand bucks? 8 COMMISSIONER BALDWIN: Times four. 9 COMMISSIONER WILLIAMS: The Judge is 10 separate? 11 COMMISSIONER BALDWIN: Yes. 12 COMMISSIONER WILLIAMS: Four times $400. 13 COMMISSIONER LETZ: $1,600. 14 JUDGE HENNEKE: Okay. 15 COMMISSIONER LETZ: Judge? 16 JUDGE HENNEKE: You're on a roll. 17 COMMISSIONER BALDWIN: Okay. Did you need to 18 talk about something there? 19 COMMISSIONER LETZ: No. 20 COMMISSIONER BALDWIN: I have one other issue 21 that I have been stopped in the hallway by members of the 22 courthouse family, concerned about an issue. And I don't 23 recall talking about this. I guess we did. But the chief 24 clerk in the Treasurer's office, we have authorized, I 25 understand, a salary increase after she had been employed 9-23-02 73 1 here for, like, four months, I believe it was -- either 2 three or four months they were employed here, and we've 3 already authorized a salary increase for them. When they -- 4 I think our policy says that at the end of the first year of 5 employment, you automatically get a raise, but this 6 particular one employee -- and I understand -- great 7 employee, I'm sure -- at three or four months, is getting a 8 salary increase. I don't recall doing that. But some of 9 the family in the courthouse knows about it, and I thought 10 I'd bring it out on the table, deal with it. 11 COMMISSIONER LETZ: Everyone should be 12 treated the same. I mean -- 13 COMMISSIONER GRIFFIN: Was it a merit raise? 14 JUDGE HENNEKE: It's a merit raise. The 15 policy that we've had for four years is if the elected 16 official had it in their budget to give merit raises, were 17 allowed to give merit raises, as long as it didn't add to 18 the bottom line of the budget. 19 COMMISSIONER LETZ: If it's in our policy, 20 that's fine. 21 MS. PIEPER: Gentlemen, can I speak on that? 22 I'll probably end up making somebody mad, but we were asked 23 to cut our budget by 5 percent. 24 JUDGE HENNEKE: But you didn't end up doing 25 that, Jannett. Now, come on. 9-23-02 74 1 MS. PIEPER: No, but -- 2 JUDGE HENNEKE: And -- and -- 3 MS. PIEPER: Had I known that we weren't 4 going to have to do that, I might have found some money in 5 my budget to give my chief deputy, who's been here for 6 several years, a raise. 7 JUDGE HENNEKE: You had the same opportunity 8 to do that as -- as the other elected officials who did 9 that, and the Treasurer's not the only one who found it 10 within her budget to give merit increases. 11 COMMISSIONER GRIFFIN: That was not the only 12 one, correct. 13 JUDGE HENNEKE: That is not the only 14 department where merit increases were given without 15 affecting the total amount provided to that department. 16 MS. PIEPER: You have a lot of unhappy 17 employees, because she's only been here a couple months. 18 And we were told to cut the budget, so merit increases was 19 the last thing from our minds. 20 JUDGE HENNEKE: You were told to cut the 21 budget at the time the merit increase was put into the 22 original budget. You had the same opportunity at that time, 23 as everyone else did, to give merit increases out of the 24 amount of money that was authorized. 25 MS. PIEPER: No, but we were also told to use 9-23-02 75 1 our bottom line figure from the last year. 2 JUDGE HENNEKE: That's right. And those 3 people -- and those people did that. 4 MS. PIEPER: Okay. 5 COMMISSIONER LETZ: I -- I concur with the 6 sentiment. I think it is -- in my mind, does not show the 7 spirit that we're going through this year, to do that. But 8 it's in the policy, the guidelines we set, so -- 9 COMMISSIONER BALDWIN: I agree with that, and 10 I think that we need to revisit the policy as soon as 11 possible on that issue. 12 COMMISSIONER LETZ: I agree. 13 JUDGE HENNEKE: The philosophy we've had 14 since I've been on the Court is that each department head 15 was given, to start with, the same amount of money that they 16 were authorized the previous year and told to tell us how 17 they wanted to spend it, and that's what they've done. 18 COMMISSIONER BALDWIN: Sure. 19 JUDGE HENNEKE: They've held the line very 20 well that way. And if they found it within their budget to 21 give merit increases, they have. 22 COMMISSIONER BALDWIN: Sure. 23 JUDGE HENNEKE: To go back and start 24 revisiting that, I think, is going to change the dynamics 25 between the Court and the department heads in a way that may 9-23-02 76 1 not be positive. And if you start going back and looking at 2 everybody's salary and saying, no, this person's not 3 entitled to a salary increase and this person is -- 4 COMMISSIONER BALDWIN: No, I think you just 5 leave it alone. The only -- the twist I would give the -- 6 or tweak, I mean, to the -- to the policy is that, possibly, 7 the department heads continue doing what they're doing, but 8 the employee needs to be here at least a year. 9 COMMISSIONER GRIFFIN: Just no merit 10 increases for -- 11 COMMISSIONER BALDWIN: No merit increases the 12 first year. That's the only thing that I would do to it, I 13 agree. 14 COMMISSIONER LETZ: Pretty hard to justify a 15 merit increase, in my mind -- 16 COMMISSIONER BALDWIN: In three months. 17 COMMISSIONER LETZ: That's what I -- 18 COMMISSIONER BALDWIN: That's the whole 19 thing. 20 COMMISSIONER LETZ: If it's in there, do it 21 the way they want to do it. 22 COMMISSIONER WILLIAMS: It's a policy issue. 23 COMMISSIONER GRIFFIN: Ready for a motion? 24 COMMISSIONER LETZ: No, I got a couple 25 comments. 9-23-02 77 1 COMMISSIONER GRIFFIN: Oh. 2 COMMISSIONER LETZ: Commissioner Baldwin, are 3 you finished? 4 COMMISSIONER BALDWIN: What happened to the 5 Commissioners Court travel money? 6 COMMISSIONER LETZ: $1,600. 7 JUDGE HENNEKE: Conference money was put back 8 in there. 9 COMMISSIONER BALDWIN: That is all. 10 COMMISSIONER LETZ: I have two. One is about 11 the Commissioners Court and the County Judge's. Is that 12 where it needs to be -- 13 JUDGE HENNEKE: Yes. 14 COMMISSIONER LETZ: -- to get the required 15 schools? 16 JUDGE HENNEKE: The County Judge can get all 17 the CEU's he needs at one conference, which is paid for by 18 the Office of Court Administration. 19 COMMISSIONER LETZ: All right. The other 20 question -- and I hate to bring this one up. It's going 21 back to Road and Bridge, and -- but it's not Sheppard Rees 22 directly, but the question is -- and Tommy, really, at the 23 last meeting, when we did, I guess, the adjustments that got 24 us where we are here, you know, the intent was -- Road and 25 Bridge cut their budget -- 9-23-02 78 1 COMMISSIONER WILLIAMS: $300,000. 2 COMMISSIONER LETZ: -- $300,000, I think, at 3 one point, and we restored all that. Full amount has been 4 restored. 5 JUDGE HENNEKE: Full amount has been restored 6 if you include the use of the Schreiner Trust. 7 COMMISSIONER LETZ: Right, to make up the 8 230 -- okay, that's right. Okay. 9 COMMISSIONER WILLIAMS: And this increase on 10 Sheppard Rees at 231 has been a budgetary reflection of a 11 transfer from the Schreiner Road Trust to Road and Bridge? 12 JUDGE HENNEKE: It's not a transfer; it's 13 just a use of the money. 14 COMMISSIONER GRIFFIN: Use of Schreiner Trust 15 Fund. 16 COMMISSIONER LETZ: Yeah, we have to 17 specifically budget for that. 18 COMMISSIONER WILLIAMS: Okay, I'm cool. 19 COMMISSIONER BALDWIN: You sure have a lot of 20 interest in this Schreiner Trust Fund. No, you cannot get 21 into it. 22 COMMISSIONER WILLIAMS: Well, I thought there 23 for a while we were going to get some projects lifted for 24 $307,000. Apparently that's not going to happen. 25 COMMISSIONER GRIFFIN: No way, not as long as 9-23-02 79 1 this guy is sitting there. 2 JUDGE HENNEKE: Does anyone else have any 3 budget amendment-type issues? Paula? 4 MS. RECTOR: I was one of the ones that wrote 5 a letter to each of you concerning my conference -- he's 6 telling me be quiet. 7 COMMISSIONER WILLIAMS: I'm saying it's in 8 here. 9 JUDGE HENNEKE: Yeah, it's in here. 10 MS. RECTOR: Okay. Just wanted to be sure. 11 COMMISSIONER LETZ: How much did you -- I 12 think it's in here. 13 JUDGE HENNEKE: Yeah, it's here. It's the 14 last one, 499. 15 COMMISSIONER LETZ: It went from $1,000 to 16 $2,265. Is that sufficient? 17 (Ms. Rector nodded.) 18 JUDGE HENNEKE: Anything else? 19 MR. TOMLINSON: If you need any explanation 20 on any of the rest of them, I'll be glad to explain them. 21 COMMISSIONER GRIFFIN: I would move that we 22 approve these amendments to the proposed budget. 23 JUDGE HENNEKE: Do we have a second? 24 COMMISSIONER BALDWIN: I'll second that. 25 JUDGE HENNEKE: Motion by Commissioner 9-23-02 80 1 Griffin, second by Commissioner Baldwin, that the Court 2 approve the amendments to the filed, proposed 2002-2003 Kerr 3 County budget. Any questions or comments? Is everyone 4 clear as to what the amendments are? 5 MS. PIEPER: Judge, do you have them written 6 down so I can get a copy for backup? 7 JUDGE HENNEKE: Yes. If not, all in favor, 8 raise your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE HENNEKE: All opposed, same sign. 11 (No response.) 12 JUDGE HENNEKE: Now we need a motion to 13 approve the 2002-2003 budget. 14 COMMISSIONER WILLIAMS: I so move. 15 COMMISSIONER BALDWIN: I second the motion. 16 We don't -- 17 JUDGE HENNEKE: We just approved the 18 amendments to the proposed budget. Now we have to actually 19 adopt the budget. 20 COMMISSIONER BALDWIN: We don't do it by 21 record vote? 22 JUDGE HENNEKE: No, that's the tax rate. 23 COMMISSIONER BALDWIN: Okay, I'm sorry. 24 JUDGE HENNEKE: Motion by Commissioner 25 Williams, second by Commissioner Baldwin, that the Court 9-23-02 81 1 adopt the 2002-2003 Kerr County budget as amended. Any 2 questions or comments? If not, all in favor, raise your 3 right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: All opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Okay, that's Item Number 6. 8 Item Number 7 is to consider and discuss approval of the 9 proposed -- consider and discuss adoption of the Kerr County 10 FY 02-03 tax rate. 11 COMMISSIONER WILLIAMS: Which will be? 12 JUDGE HENNEKE: Which will be the same as it 13 is today, .3721 cents. This takes a record vote. 14 COMMISSIONER WILLIAMS: 3721? 15 JUDGE HENNEKE: Point 3721. 16 COMMISSIONER WILLIAMS: 3721, all right. 17 JUDGE HENNEKE: It takes a record vote; at 18 least four members of the Court must vote affirmatively to 19 set the tax rate. 20 COMMISSIONER GRIFFIN: I so move. 21 JUDGE HENNEKE: Motion by Commissioner 22 Griffin. 23 COMMISSIONER LETZ: Second. 24 JUDGE HENNEKE: Second by Commissioner Letz, 25 that the Court adopt .3721 cents as the Kerr County FY 02-03 9-23-02 82 1 tax rate. Commissioner Baldwin, how do you vote? 2 COMMISSIONER BALDWIN: Aye. 3 JUDGE HENNEKE: Commissioner Williams? 4 COMMISSIONER WILLIAMS: Aye. 5 JUDGE HENNEKE: Commissioner Letz? 6 COMMISSIONER LETZ: Aye. 7 JUDGE HENNEKE: Commissioner Griffin? 8 COMMISSIONER GRIFFIN: Aye. 9 JUDGE HENNEKE: The vote is four to zero. 10 The tax rate is adopted. Okay, next item for consideration 11 is Item Number 15, consider and discuss authority to abate 12 nuisance per Section 343, Subchapter C, Texas Health and 13 Safety Code. Commissioner Baldwin. 14 COMMISSIONER BALDWIN: Yes, sir. As you can 15 see by my note in there in the packet, there's -- I've had a 16 problem in my precinct for a number of years. A good fellow 17 was moving a mobile home onto his property right next to a 18 county road, and as he pulled off the county road, the thing 19 fell into a million pieces. And we've gone there, we've 20 actually -- we've -- I even put my finger in his nose a 21 little bit, and the Sheriff's been out there to visit with 22 him. Our Solid Waste guy's been out there. We have 23 actually arrested him and put him in jail. We have written 24 him ugly letters, and this goes on and on and on and on. 25 And what -- what has happened here -- I mean, yeah, we -- we 9-23-02 83 1 put the guy in jail and fined him and all those kinds of 2 things, but the trash is still there. That doesn't fix the 3 problem. I'm not interested in putting people in jail; I'm 4 interested in cleaning the trash up. 5 So, the Solid Waste Coordinator comes along 6 and talks to Commissioner 2 and myself about -- about the 7 authority to abate nuisance, and we had a long visit about 8 it, and as you see in the law here, that -- or the way I 9 understand it, anyway, is that if the Commissioners Court 10 would adopt an abatement procedure, which there is one 11 included in the law, then you can do certain things. You 12 can -- just as an example, the way I kind of see it in my 13 mind in this particular problem out here, is that if we had 14 these procedures, we could ask Road and Bridge to go there 15 with their tractors and trucks and clean it up, and then 16 have the ability to assess a lien on the guy's property. 17 So, you know, that, to me, is pretty heavy -- pretty heavy 18 stuff. And, as you also see in my note, I do not like more 19 government. I do not like more rules and regulations. 20 It appears -- it appears that my problem is 21 fixed; it will go away. The guy sold the property, and 22 within a couple weeks, there's going to be bulldozers all 23 over the side of the hill out there, and it's going to be 24 totally and completely cleaned up. So, with that in mind, I 25 just thought maybe I'd throw that out and -- the theory of 9-23-02 84 1 this whole thing of adopting a stricter law in Kerr County, 2 and just see what maybe y'all had thought about it. I think 3 Commissioner Williams is in -- has been in the process of 4 writing some procedures for some time, but I wanted to get 5 it out on the table and let's get the ball rolling, just 6 kind of see what y'all thought of doing this -- doing this 7 kind of thing. 8 COMMISSIONER WILLIAMS: I just want to add a 9 couple comments. Commissioner Baldwin and I have had 10 several discussions about it. There are numerous places in 11 Precinct 2 that qualify for some sort of abatement, cleanup, 12 where the owner absolutely just ignores the property, makes 13 it worse, and it becomes an affront to the neighbors, and in 14 some cases, a threat to public health and safety. There are 15 some counties in the state of Texas -- I'm not sure how 16 many -- who have adopted procedures under these particular 17 chapters of the Health and Safety Code, Chapter 343, and our 18 Solid Waste Administrator has strongly urged us to consider 19 doing the same thing. In that context, I have begun 20 drafting a proposed document, which would become -- if the 21 Court is of a mind to do so, would become a procedure within 22 the context of the law that would enable the County to clean 23 up these situations where an owner refuses after given -- 24 giving proper notice and so forth. I've got it about half 25 drafted, modeled after some other county that the Solid 9-23-02 85 1 Waste Officer provided to me, and we can look at it on 2 another date. 3 I think Commissioner Baldwin's right in 4 bringing it to us today just for some discussion. I don't 5 know whether Commissioners 3 and 4 have problems 6 commensurate with what Commissioner Baldwin and I have, but 7 we do have some pretty serious ones where owners have just 8 absolutely refused to take care of their property and clean 9 it up, mitigate health and safety concerns and so forth, and 10 to the discontent of neighbors in particular areas. So, 11 they're out there. The question is what we want to do about 12 them. 13 COMMISSIONER GRIFFIN: I can guarantee you, 14 in 4 we've had that same problem, and in three cases, it 15 took months to do what should have taken weeks, but finally 16 did get them cleaned up. But it was -- having to use the 17 legal hammer was the only way to get the owner's attention, 18 and it took them a long, long time to get the three cases 19 I'm talking about resolved. And Ed North did a great job, 20 Solid Waste enforcement, 'cause he went out and met with 21 them, discussed it with them, made repeated visits and all, 22 but there's no real teeth there for him to do much with -- 23 other than, you know, saying, hey, if you don't do that, 24 we're going to get meaner. But -- so, this is -- you need 25 some process for that, those rare cases where what we have 9-23-02 86 1 just is not enough, and you need some process to be able to 2 go after them and -- and get it cleaned up, and then be able 3 to charge that back to the perpetrator. 4 COMMISSIONER WILLIAMS: Mm-hmm. 5 COMMISSIONER GRIFFIN: Through a lien or 6 assessment, or however that works. 7 COMMISSIONER BALDWIN: I've asked the County 8 Attorney to look it over, and maybe -- David, do you have 9 any comments? 10 MR. MOTLEY: Well, the Chapter 343 could be 11 used, and Commissioner Williams is probably headed down the 12 right road to be drafting some local rules that would be 13 consistent with the state rules. I know -- I think there 14 was some concern about not being able to enter onto the land 15 without these local rules? Is that part of what Ed was 16 concerned about? 17 COMMISSIONER BALDWIN: Well, that's certainly 18 my concern. You know, we don't -- we don't go on private 19 property; we wouldn't send Road and Bridge Department on 20 private property. 21 MR. MOTLEY: Well, there is a provision in 22 343.024 that a county official, agent, or employee charged 23 with enforcement of health, environmental, safety, or fire 24 laws may enter any premises in the unincorporated area of 25 the county at a reasonable time to inspect, investigate, or 9-23-02 87 1 abate a nuisance or to enforce this chapter. So, it seems 2 to me that that applies to a person, even if the local rules 3 haven't been adopted. I mean, that seems broader in the 4 authority granted. But, in any event, they have to identify 5 themselves and such as that, but 343 -- looks like it would 6 work. The one thing that was curious about that, 343 -- 7 excuse me, 343.011, which is really the -- 343.011(c)(2) 8 kind of concerns me, because it does say that this -- I 9 don't know if you had copied that or not in yours. It does 10 say that keeping, storing, accumulating rubbish, including 11 newspapers, abandoned vehicles -- now, there was an 12 "abandoned" vehicle and a "junk" vehicle. Really, I 13 think -- 14 COMMISSIONER WILLIAMS: I don't know that 15 there's a lot of distinction. 16 MR. MOTLEY: Well, abandoned vehicle really 17 means it's left on a right-of-way for a certain length of 18 time or left on property -- an owner's land without their 19 permission, so long on a right-of-way, so long on a roadway. 20 That's an abandoned vehicle, and it's treated under the 21 Transportation Code a little bit differently. This is a 22 junk vehicle, actually. If we're going to call it a 23 vehicle -- I assume it is. I -- you know, I'm making that 24 assumption. It may, to this point -- what you said, 25 Commissioner, is it hit a bump in the road and just fell 9-23-02 88 1 apart? This is just a pile of junk, literally? 2 COMMISSIONER BALDWIN: Literally leveled. 3 It's a mobile home. It's a mobile home. 4 COMMISSIONER GRIFFIN: Unlicensed. 5 MR. MOTLEY: But it does not look like a 6 mobile home any longer? Well, it's just refuse, then, now. 7 COMMISSIONER BALDWIN: That's correct. 8 MR. MOTLEY: It would come under the 9 rubbish/refuse part of it. I think it could be cleaned up. 10 I was just concerned about that abandoned -- I was looking 11 at this as an abandoned vehicle, which is what this whole 12 chapter really is about, abating public nuisances. One of 13 the things is this abandoned vehicle. If it truly were a 14 vehicle at all any more, hadn't been destroyed, I think it 15 would be a junk vehicle, and there's a different provision 16 for that. So, I think you're okay to go with 343. There is 17 another chapter, 341, that provides for abatement, and we 18 have used that. In fact, earlier today on that Center 19 Point -- very Center Point property, the tract that they 20 finished cleaning up, we filed a lawsuit to begin cleaning 21 up, and cleaned up as much as we could until we ran out of 22 time. We had 90 days to do it and ran out of time; got a 23 lot of it cleaned up with community service workers. The 24 341 chapter was this very chapter that we used to enter that 25 land and begin cleaning all those junked vehicles off, so 9-23-02 89 1 that's another route that we could possibly look at. 2 COMMISSIONER WILLIAMS: I note with interest, 3 Commissioner and County Attorney, that 343.022 poses an 4 little bit of a problem, more budgetary than anything, but 5 the abatement procedure, if adopted by the Court, must be 6 administered by a regularly salaried full-time County 7 employee, so we'd have to make some adjustment there if we 8 were inclined to rely on this. 9 COMMISSIONER BALDWIN: I think Mr. Holekamp 10 actually fits that -- 11 COMMISSIONER WILLIAMS: Mr. Holekamp is that 12 person? 13 COMMISSIONER BALDWIN: I think he does. 14 COMMISSIONER WILLIAMS: Oh, okay. 15 COMMISSIONER BALDWIN: See him shaking his 16 head? 17 COMMISSIONER WILLIAMS: I didn't realize 18 that's you. 19 COMMISSIONER BALDWIN: And then it goes on 20 talking about that he can designates someone, which is 21 Mr. North. 22 COMMISSIONER WILLIAMS: Oh, okay. Solved 23 that problem, didn't we? 24 COMMISSIONER BALDWIN: I'm not going to spend 25 any more money; that's not where we're going with this deal. 9-23-02 90 1 COMMISSIONER WILLIAMS: Okay. 2 COMMISSIONER BALDWIN: Well, I'm not going to 3 -- I'm not going to ask you to vote on this issue today. I 4 just wanted to bring it up, and let's get your wheels 5 turning. I think that Commissioner 2 is going -- is going 6 to bring it up a little bit later on for a vote, and just 7 trying to get your wheels going. We're ready. 8 COMMISSIONER WILLIAMS: I'll bring back a 9 document to the Court. 10 JUDGE HENNEKE: I think it's an increased 11 problem, and one that we've tried to address with a couple 12 people as solid waste enforcement. But, as the county 13 grows, I think it's something we need to put more teeth 14 into, so I think it's an effort that's definitely worthwhile 15 pursuing. 16 COMMISSIONER BALDWIN: Okay, thank you. 17 JUDGE HENNEKE: Okay. I would suggest we 18 skip Item 17, devote a little more time to it, and go on to 19 the -- to Item 18 and move through some of these, come back 20 to 17. Item 18 is consider and discuss moving the position 21 of Information Systems Support Specialist to the office of 22 the Auditor and designating the Auditor as supervisor for 23 the position. Commissioner Griffin? 24 COMMISSIONER GRIFFIN: Yes. This is -- after 25 discussion with several of the department heads, with Tommy, 9-23-02 91 1 with the Judge, with a one-person function the way we've got 2 the information support set up, it's a real -- it's a real 3 task sometimes to be able to dispatch him to the right place 4 at the right time and to have him available when needed on 5 emergencies or whatever. And it appears that one of the 6 better solutions on making that more efficient would be to 7 assign the Information Systems Support Specialist to the 8 Auditor's office and make the Auditor the reporting official 9 or supervisor for that position, and that's what this is 10 about. Simple move, but it will put this position under the 11 supervision of the Auditor's office, which is closely tied 12 to our mainframe efforts and all that anyway, so I think 13 it's a good transition. 14 COMMISSIONER BALDWIN: I'm all for it. 15 COMMISSIONER WILLIAMS: I agree. 16 COMMISSIONER LETZ: Only -- I am for it 17 mainly because it gives the accountability -- 18 COMMISSIONER GRIFFIN: Mm-hmm. 19 COMMISSIONER LETZ: -- and supervision to 20 that position, which I think is needed. My only question 21 is, the Auditor works for the powers that be upstairs, as 22 opposed to Commissioners Court. But that -- at some point, 23 I guess, we could take it back from the Auditor as well if 24 we didn't like something. I was wondering -- it's kind of 25 an odd situation. We're moving it further from the 9-23-02 92 1 Commissioners Court, but I don't see that really as a 2 problem that can't be rectified in the future. 3 COMMISSIONER GRIFFIN: Court's still got the 4 right to put that position anywhere we want. 5 COMMISSIONER LETZ: And -- and the other, I 6 guess, question I have, is the Auditor excited about this 7 change? 8 COMMISSIONER GRIFFIN: I don't know that -- 9 he's amenable to it, let's put it that way. I don't know 10 whether he's exited about it or not; you have to ask him. 11 But I'll make the motion that we -- that we move that 12 position to the office of the Auditor, and make the Auditor 13 the supervisor of that position, and authorize our Human 14 Resources-slash-Treasurer to make the necessary changes to 15 the job description to reflect that. 16 COMMISSIONER BALDWIN: Second. 17 COMMISSIONER GRIFFIN: And that that change 18 be effective immediately. 19 JUDGE HENNEKE: Motion by Commissioner 20 Griffin, second by Commissioner Baldwin, that the Court move 21 the position of the Information Systems Support Specialist 22 to the office of the Auditor, designate the Auditor as the 23 supervisor for the position, authorize rewording of the job 24 description to reflect that change, all such changes to be 25 effective immediately. Any questions or comments? If not, 9-23-02 93 1 all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: Opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. Item Number 6 19, consider and discuss resolution declaring September 2002 7 as Destination Dignity Month. This is a request from the 8 Hill Country Community M.H.M.R. Center. 9 COMMISSIONER WILLIAMS: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE HENNEKE: Motion by Commissioner 12 Williams, second by Commissioner Baldwin, that the Court 13 declare September 2002 as Destination Dignity Month in Kerr 14 County. Any other questions or comments? If not, all in 15 favor, raise your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE HENNEKE: Opposed, same sign. 18 (No response.) 19 JUDGE HENNEKE: Motion carries. Item Number 20 20, consider and discuss adoption of resolution regarding 21 boundaries of Groundwater Management Areas. You may recall 22 that we earlier adopted a resolution regarding the first 23 draft of the Groundwater Management Areas, which resolution 24 was successful, along with others, in changing the proposed 25 division of Kerr County. Current proposed Groundwater 9-23-02 94 1 Management Area places Kerr County in basically a -- a 2 Groundwater Management Area which does not include the 3 recharge area and is not as beneficial to Kerr County as 4 going further west would be, and the Headwaters Board has 5 requested that we adopt such a resolution to try to effect 6 more improvement in the boundaries of the Groundwater 7 Management Area. Commissioner Letz, do you want to say 8 anything on that? 9 COMMISSIONER LETZ: No. This is a -- I am 10 writing a similar letter to the Water Development Board 11 requesting the same thing as chair of Region J. The -- and 12 I rely heavily on Cameron Cornett as to what he feels is -- 13 best serves the groundwater needs of Kerr County, and he 14 believes this is the right thing to do. It makes sense to 15 me. It puts us in a -- you know, I like the idea of having 16 recharge included in the area, which is not the way it's 17 looked at right now in long-term. Our groundwater -- I 18 guess the amount of water we have in groundwater, there is 19 more in the Edwards Trinity as opposed to the Trinity, so I 20 think it's -- you know, it's a good move. The only comment 21 that I would have to the actual resolution -- and it's 22 probably all right the way it is, but under the final 23 "Therefore, be it resolved," just references a number on a 24 groundwater map. That probably could be tied out a little 25 bit more specifically as to the date of that map and the -- 9-23-02 95 1 the name of that region. 2 COMMISSIONER WILLIAMS: Which would that be? 3 JUDGE HENNEKE: This last one, the final 4 "Therefore." 5 COMMISSIONER LETZ: The final "Therefore." 6 It reads, basically, Kerr County Commissioners Court 7 requests the addition of Bandera, Gillespie, and Kerr 8 Counties to the Groundwater Management Area numbered 7 in 9 the T.W.D.B. Groundwater Management Area map. To me, we 10 ought to specifically state the date of that map and the 11 name of that region, which is the Edwards Trinity region. 12 But, other than that, it's fine. 13 JUDGE HENNEKE: Okay. Do I have a motion to 14 adopt the resolution -- 15 COMMISSIONER LETZ: So moved. 16 JUDGE HENNEKE: -- as amended? Motion by 17 Commissioner Letz. Second by? 18 COMMISSIONER WILLIAMS: I'll second. 19 JUDGE HENNEKE: Commissioner Williams, that 20 the Court adopt the resolution as amended regarding the 21 boundaries of the Groundwater Management Areas. Any 22 questions or comments? If not, all in favor, raise your 23 right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 9-23-02 96 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Item Number 3 21, consider and discuss approval of the Amber Alert System, 4 emergency alert system local area plan for the San Antonio 5 operational area. Commissioner Letz actually brought this 6 to my attention a couple of months ago. I had AACOG look 7 into it, and there was a presentation at the last AACOG 8 Board meeting whereby if a county wants to participate in 9 the Amber Alert System, they must be a part of the emergency 10 alert system for the greater San Antonio operational area. 11 I provided a copy of the plan to the Sheriff. The Sheriff 12 has indicated to me that he has no objections to the plan, 13 so I'll bring it forward for approval. Sheriff, do you want 14 to say anything? 15 SHERIFF HIERHOLZER: Well, there's only one 16 kind of objection, but I don't think it matters, especially 17 when we're dealing with San Antonio area and that. The way 18 it's set up, the only two officials in the county that can 19 call for it to be activated if we had a kid abducted or 20 anything like that is the Emergency Management Coordinator, 21 who here is the Fire Chief, or the County Judge. Those are 22 the only two, no matter what happens. If they're gone or 23 whatever, we can't activate it. 24 JUDGE HENNEKE: We have the ability to 25 designate someone, which is going to be you, to activate -- 9-23-02 97 1 SHERIFF HIERHOLZER: I didn't see that in 2 there. 3 JUDGE HENNEKE: -- activate the -- the child 4 -- the Amber Alert part of it. 5 SHERIFF HIERHOLZER: I didn't see that in 6 there when I was going over it. 7 COMMISSIONER BALDWIN: My -- the only note I 8 have here is exactly the same thing. 9 SHERIFF HIERHOLZER: That was my only 10 concern. 11 COMMISSIONER BALDWIN: It seems to me, you 12 know, because the City's is the Mayor and the Fire Chief, 13 and ours is the County Judge and the Emergency Management 14 here, just seems like to me that -- what if -- what if 15 Raymond's fishing and you're skiing? We -- we need someone 16 in the county to be that designated person. 17 COMMISSIONER WILLIAMS: Like the Sheriff. 18 JUDGE HENNEKE: Again, we do have the ability 19 to designate the person who can activate the system, which 20 will be the Sheriff. 21 COMMISSIONER BALDWIN: Okay. I did not read 22 that here, but how can -- do you have to have that sent in 23 and on file with them? 24 JUDGE HENNEKE: Yes. 25 SHERIFF HIERHOLZER: Because this is a phone 9-23-02 98 1 call deal, and if you don't give them the right stuff, they 2 hang up on you and you're through. 3 JUDGE HENNEKE: And we'll do that as part of 4 submitting the resolution. 5 SHERIFF HIERHOLZER: Okay. 6 COMMISSIONER BALDWIN: So that was my only 7 problem with it at all. 8 COMMISSIONER LETZ: I mean, I -- I'm ecstatic 9 this has moved along as quickly as it did, and appreciate 10 the Judge looking up -- following it up through AACOG. I 11 also think, along those comments, trying to make any change 12 in this would be very difficult. I mean, you can't change 13 it. This thing is a -- 14 SHERIFF HIERHOLZER: We also just got notice 15 of the one Texas has now adopted and is using as a state 16 Amber Alert System, which gives a little bit different 17 guidelines. But -- 18 COMMISSIONER LETZ: I think it's something 19 that -- hopefully we won't have to implement it, but it's -- 20 certainly, the ability to do it is great. 21 JUDGE HENNEKE: Do I have a motion to 22 approve? 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER GRIFFIN: Second. 25 JUDGE HENNEKE: Motion by Commissioner 9-23-02 99 1 Griffin, second by Commissioner Letz, that the Court approve 2 the emergency alert system local area plan for the San 3 Antonio operational area and designate the County Sheriff as 4 the individual who can trigger the Amber Alert System. 5 Questions or comments? If not, all in favor, raise your 6 right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE HENNEKE: Opposed, same sign. 9 (No response.) 10 JUDGE HENNEKE: Motion carries. 11 SHERIFF HIERHOLZER: Now, one other -- 12 just -- if you notice the counties which it covers, it 13 doesn't cover any of our counties really west of here, such 14 as Junction. Is there another area that is going to cover 15 all those counties? 16 JUDGE HENNEKE: Well, that would be the -- 17 probably the Concho Valley cog out of San Angelo. 18 SHERIFF HIERHOLZER: Because I'm wondering if 19 -- if they do one, if we can't somehow get in on that one 20 also. 21 COMMISSIONER LETZ: I don't think so. 22 JUDGE HENNEKE: They're set up in, basically, 23 the cogs in regions, and so you have to sign into the one in 24 your region, which, in our region, is the San Antonio 25 operation. Theoretically, if we send in an Amber Alert to 9-23-02 100 1 San Antonio, it should go statewide. 2 SHERIFF HIERHOLZER: Hopefully it does. 3 COMMISSIONER BALDWIN: He's right. And the 4 county line -- Kimble County line is the -- is the -- Concho 5 Valley starts there. But the -- the new emergency plan 6 that's being put in place can do what you're talking about. 7 SHERIFF HIERHOLZER: State plan. 8 COMMISSIONER BALDWIN: It will be a statewide 9 plan. 10 JUDGE HENNEKE: Okay. Item 22, consider and 11 discuss soliciting applications for Kerr County 12 representative on 911 Board to replace Dave Ballard, whose 13 term expires September 30, Year 2002. I'll defer to 14 Commissioner Griffin on this. 15 COMMISSIONER GRIFFIN: Yes. This is just -- 16 we need to publicize that there will be an opening -- 17 County-appointed opening on the Board for 911, and that we 18 need to get volunteers. 19 COMMISSIONER LETZ: Has Dave expressed any 20 interest in continuing? 21 COMMISSIONER GRIFFIN: He's had about all the 22 fun I think he wants to have. 23 COMMISSIONER LETZ: That's what he told me 24 last time I talked to him, but I just thought -- you know. 25 COMMISSIONER GRIFFIN: Yeah, it's a thankless 9-23-02 101 1 job for all these board members. I don't envy any of them. 2 It's a -- like some other volunteer board positions that I 3 know of. 4 COMMISSIONER LETZ: Takes a lot of time and 5 not much fun. It's very important. 6 JUDGE HENNEKE: Should we determine a -- a 7 deadline for applications and ask Commissioner Griffin to 8 screen the applications? 9 COMMISSIONER GRIFFIN: Bring it back to the 10 Court? We probably ought to make them about, maybe, by the 11 15th or so, and then try to name a replacement at our second 12 board meeting in October -- or second Commissioners Court 13 meeting in October. 14 COMMISSIONER LETZ: Mr. Ballard will remain 15 to serve? 16 COMMISSIONER GRIFFIN: Yes, he'll serve until 17 replaced. 18 JUDGE HENNEKE: Okay. I don't think we 19 necessarily need a motion on that. 20 COMMISSIONER GRIFFIN: No, I just think we 21 need -- 22 JUDGE HENNEKE: We'll ask the media to -- to 23 advertise the fact that Mr. Ballard has resigned and that we 24 will be taking indications of interest. 25 COMMISSIONER GRIFFIN: No, he hasn't 9-23-02 102 1 resigned. 2 JUDGE HENNEKE: No, I'm sorry, his term 3 expires September 30th, and the Court will be accepting 4 express -- written expressions of interest in the position 5 through October 15th. 6 COMMISSIONER BALDWIN: Isn't it a term -- 7 don't they have a term? 8 COMMISSIONER GRIFFIN: It's a two-year -- 9 COMMISSIONER BALDWIN: Two-year deal, so 10 basically he doesn't have any choice; he's got to go. 11 COMMISSIONER GRIFFIN: No, he could be -- 12 COMMISSIONER WILLIAMS: Could be reappointed. 13 COMMISSIONER BALDWIN: Okay. 14 COMMISSIONER GRIFFIN: He could be 15 reappointed, but he's -- he's got some travel schedule -- 16 he's just got too many -- 17 COMMISSIONER BALDWIN: I don't blame him a 18 bit. I don't blame him a bit. He's done a great job for 19 us, though. 20 COMMISSIONER GRIFFIN: Yes, he has. 21 COMMISSIONER BALDWIN: Great job. 22 COMMISSIONER LETZ: We have -- I think we've 23 got to stagger -- you know, Chuck Lewis is -- you know, he's 24 worked very closely with Dave. He's representing us. You 25 know, both of them are -- he's our other appointee, so I 9-23-02 103 1 think we need to keep two strong appointees over there; we 2 can make slow, but steady, progress. 3 COMMISSIONER BALDWIN: Would you share the 4 applicants with me? 5 COMMISSIONER GRIFFIN: I don't -- absolutely. 6 In fact, if we could -- those responses really need to come 7 to the Court, and I'll make sure that when I get them, 8 that -- in other words, it needs to come to Commissioners 9 Court. They don't need to mail them to me or anything; they 10 need to get them to the Court, to our offices here. I will 11 receive them; I will make sure that all the Commissioners 12 get those shows of interest. 13 COMMISSIONER BALDWIN: I know people are just 14 going to be beating the door down to get in here. 15 JUDGE HENNEKE: They're probably lining up 16 outside the door right now. 17 COMMISSIONER BALDWIN: "I want to be on the 18 911 Board." Wow. 19 SHERIFF HIERHOLZER: I think Glenn Holekamp 20 would be real good on that. 21 COMMISSIONER BALDWIN: He and General 22 Schellhase, both of them. 23 (Laughter.) 24 COMMISSIONER BALDWIN: Tag team. 25 COMMISSIONER LETZ: And because of the 9-23-02 104 1 expected interest from the public, I think the Commissioners 2 probably need to be beating the bushes to have some backups. 3 COMMISSIONER GRIFFIN: Yeah. This doesn't 4 require anything other than just -- 5 JUDGE HENNEKE: Okay. Item Number 23, 6 consider and discuss approval of an agreement with Liberty 7 Marketing Company for Kerr County map. These people have 8 been calling me wanting to know if we would sponsor a map, 9 and which they would produce at no cost to the County or to 10 any other entity, other than those who choose to advertise. 11 Y'all tell me whether it's something we want to do or not. 12 COMMISSIONER LETZ: No support here. 13 COMMISSIONER BALDWIN: I think that they can 14 make some maps, but I don't think that we need to sponsor 15 anything. 16 COMMISSIONER LETZ: If they want to do maps, 17 that's fine. Especially if we have advertisers coming in, 18 we have no say on who's advertising. 19 COMMISSIONER GRIFFIN: That's my question. 20 JUDGE HENNEKE: Sounds like that's a 21 response. 22 JUDGE HENNEKE: Okay. Down to one. Let's 23 return to Item Number 17, which is to consider and discuss a 24 method to be used for renovation/expansion of the Hill 25 Country Youth Exhibit Center and authorize solicitation for 9-23-02 105 1 companies interested in our selected method, whether 2 competitive bidding, competitive sealed proposals 3 construction manager-agent, construction manager-at-risk, or 4 design-build. Commissioner Williams? 5 COMMISSIONER WILLIAMS: During his absence, 6 while he was enjoying the cuisine and the wine in France and 7 other places that he attended, Commissioner Letz let me play 8 around with this a little bit and provide you some 9 information so that we can make a decision as to what would 10 be an appropriate method for moving forward. Just 11 coincidental to that, there appeared an article in the 12 September issue of County Progress that dealt with the 13 flexibility that Senate Bill 510 gives to counties with 14 regard to construction/renovation projects. And I guess 15 that's an improvement over where we were in the past in 16 terms of this project, but it does enable the County to 17 consider competitive bidding, competitive sealed bid 18 proposals, construction manager-at-risk, construction 19 manager-agent, and design-build concepts. If you haven't 20 read the article, I commend it to you; it's pretty 21 informative. And, so, that's kind of where we are today in 22 terms of how it would be best to proceed. 23 In addition to that, what we did then was to 24 as ask Mr. Blankenship to spruce up his revised master plan 25 documents that he had in his computer, so as to provide a 9-23-02 106 1 revised -- revised master plan to reflect the sense of what 2 Commissioner Letz had been putting -- had provided to the 3 Court in the past in terms of what are the facilities that 4 we would be looking to do? And the diagram that I've 5 provided to you right now indicates that, as a barn, the 6 specification is 176, I guess, by 281, to provide the kind 7 of space that Hill Country District Junior Livestock Show 8 would like to have, tied into the existing arena, which 9 would be refurbished to accommodate -- to offset or to 10 renovate in terms of the problems associated with that 11 arena. And then a lot of parking in the area where there 12 was heretofore a major arena, and that's gone. And then to 13 put the exhibit hall on the eastern side of our property, 14 and to indicate what the size would be based on our desire 15 to replicate 13,000 square feet of space, and what it would 16 look like if somebody else joined with us and provided 17 another 13,000 square feet of space to make it a really 18 Class-A facility. And they've associated parking all around 19 and so forth and so on. 20 This particular schematic which you have 21 there shows areas for future parking. That's what those 22 dotted lines are, future parking potentials and so forth. 23 And, so, that's where we are. We need to talk about what's 24 the best way to go, whether it's to be competitive bidding, 25 competitive sealed proposal, construction manager-at-risk, 9-23-02 107 1 construction manager-agent, or design-build. 2 COMMISSIONER LETZ: If we could just kind of 3 do one at a time first? 4 COMMISSIONER WILLIAMS: Sure. 5 COMMISSIONER LETZ: 'Cause I saw something 6 else on there when I visited with you earlier that needs to 7 be changed. 8 COMMISSIONER WILLIAMS: Okay. 9 COMMISSIONER LETZ: There's a redo over the 10 outdoor arena. There's no redo contemplated. 11 COMMISSIONER WILLIAMS: No. 12 COMMISSIONER LETZ: So that needs to be 13 deleted. 14 COMMISSIONER WILLIAMS: Well, just the redo 15 does. 16 COMMISSIONER LETZ: The redo. The outdoor 17 arena's still there. 18 COMMISSIONER WILLIAMS: Arena stays in that; 19 we just take out redo. 20 COMMISSIONER LETZ: Just take the word "redo" 21 off. And, just another general comment; I think it -- the 22 dotted lines clutter the map, and they need to all be 23 removed. 24 COMMISSIONER WILLIAMS: Okay. 25 COMMISSIONER LETZ: And then the parking on 9-23-02 108 1 the west side of the Ag Extension building and the outdoor 2 arena needs to be deleted. 3 COMMISSIONER WILLIAMS: Okay. Okay, on the 4 west side -- I got you. 5 COMMISSIONER LETZ: And the reason, that's 6 the area that we're talking about -- I know from talking 7 with Bill that it's not intended that's going to change 8 anything. It's just still grass parking over there, or 9 parking, but it just confuses things, to me, to have that 10 shown there. Either relocate it or delete that amount of 11 parking. 12 COMMISSIONER WILLIAMS: What would be your 13 pleasure? Relocate or just delete it? 14 COMMISSIONER LETZ: I think just delete it. 15 COMMISSIONER WILLIAMS: Just delete it. If 16 we need to add it, we can add it. Okay. 17 COMMISSIONER LETZ: And the -- and then I 18 think that it is a -- more of an accurate representation of, 19 you know, what we previously voted on as kind of a footprint 20 plan. The only other comment that I would have, and this is 21 a -- in talking with the Stock Show Association a little bit 22 more at length since we last discussed this, they are -- or 23 they feel that a better use of the funds would probably be 24 to not do the renovations on the horse barn to the extent 25 that we had talked about, but use those funds that we 9-23-02 109 1 allocated for that to make the barn larger. And they think 2 that that -- you know, it's no change in dollars; it's a 3 change in facilities that are pretty much earmarked 100 4 percent for Stock Show/ag uses, and they feel it gives more 5 flexibility to make that change. And so that's just 6 something that -- you know, I don't know that, really, 7 the -- that level of detail -- I don't know that we really 8 have to spend a whole lot of time on right now, other than 9 just be aware that that may be there. 10 And if the bond issue does pass, the exact 11 drawings would be done at that point, you know. I think at 12 that point you'd get -- you know, want to get the Stock Show 13 very much involved in the exact layout of that barn. So, 14 that's just a comment that they have made, and I didn't see 15 any problem, and I don't think it really changes anything of 16 any substance, dollars or square footage use. I think that 17 the -- you know, the idea is to basically -- there are 18 still -- I guess Mr. Blankenship has the moneys allocated to 19 do this. I think we need to get an accurate footprint, 20 better -- or beyond the stick drawings that I drew that 21 weren't to scale, and that's what the intention is here. I 22 think we were trying to save some money on my drawings, but 23 we're getting to a point that my drafting ability isn't 24 quite sufficient. So, funds are there, and -- you know, at 25 least in the current budget. 9-23-02 110 1 COMMISSIONER WILLIAMS: We had earlier talked 2 about a 44,000-square-foot barn. 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER WILLIAMS: This reflects 49,456, 5 so it would have been utilizing some of the transfer of 6 funding from the other barn to -- 7 COMMISSIONER LETZ: I think it would leave it 8 the same, which I think there will be some renovation to the 9 horse barn, and definitely in the barn. It just depends, 10 the mix of the dollars, just how you divide that up. So, I 11 think the drawing is accurate. Even -- you know, there'll 12 be money spent on both facilities. 13 COMMISSIONER WILLIAMS: One other caveat, I 14 think, was about the Exhibit Hall in terms of 13,000. What 15 Mr. Blankenship was saying is that if we're talking 13,000, 16 are we talking about usable space, 13,000, or are we talking 17 about what's remaining after you carve out restrooms and all 18 the other things that you were going to carve out? He is of 19 the mind that if we do that, by just saying 13, if we carve 20 out all the other things you have to do, you've taken usable 21 space down to about 11 or less. 22 COMMISSIONER LETZ: My numbers that I -- the 23 way I came up with it, I measured the outside boundary of 24 the current Exhibit Hall, and it's about 13,000 square feet, 25 and the outside boundary of the new one's 13,000 square 9-23-02 111 1 feet, so the usable is comparable, which puts its down to 2 about 11,000. 3 COMMISSIONER WILLIAMS: Okay. 4 JUDGE HENNEKE: Anybody have any thoughts as 5 to the vehicle we should adopt for accomplishing this? 6 COMMISSIONER LETZ: I think the -- where we 7 are, in my mind, is either construction manager-at-risk or 8 design-to-build, which is basically a guaranteed maximum -- 9 it may be a fixed price, basically a fixed price. I like -- 10 I probably like, personally, the design-to-build better, and 11 the reason is that this is not a -- a high architectural 12 type design. We're talking about a barn. It has to be 13 certified by law, engineer and architect -- 14 COMMISSIONER BALDWIN: And a goat barn, at 15 that. 16 COMMISSIONER LETZ: And goat barn, at that. 17 And I think that with the design-to-build, you can -- what 18 we're asking for, then, basically is for a builder and 19 architect to team up and come up with a design that they can 20 guarantee they can build for a set amount of money. And I 21 think that we will get a far better deal that way, rather 22 than hire an architect that's going to take 6 -- you know, 5 23 or 6 percent. I think it's going to be very, very difficult 24 to negotiate architects off their standard state amount, 25 whereas I think that if you have a builder-architect 9-23-02 112 1 combination -- 'cause I know a number of the builders in 2 town have relationships with specific architects, and I 3 think they can come up with a better price for us. So, 4 personally, I probably lean on the design-to-build, even 5 though that -- I hear it removes us a little bit further 6 from the process. And it does, but I don't see -- we still 7 approve the design. I mean, it's not like we're giving a 8 blank check for the -- somebody to build the facility. We 9 still retain that control. 10 COMMISSIONER GRIFFIN: Here's why it gives 11 you the arm's length, though, is you have subcontractors, as 12 we've had several times in -- in projects that the County's 13 undertaken. If you have subcontractors that don't perform, 14 it's not this Court's function to have to go fix it. It's 15 that -- it's that builder. That team has to go do that, 16 'cause their contract was with us to deliver what we 17 approved. Even though we do approve the design, but that -- 18 that's the end of it, and that's the beauty of it. And it 19 works well in the private sector, and the feds do a lot of 20 this now. The federal government's doing a lot of 21 design-to-build, because it -- you pays your money and then 22 you get out of the way. 23 COMMISSIONER LETZ: The only thing we may 24 want to look at -- this is in the overall scheme. In the -- 25 the three point -- or three and a half million number that 9-23-02 113 1 we pretty much settled on, I don't know that we want to 2 include the parking in that. I think our Road and Bridge 3 can probably contract for that cheaper. That, or do it 4 themselves cheaper, so I don't know that that necessarily 5 needs to be part of it. And the other part of it, there are 6 some -- there's a number in that total for pens and things 7 of that nature. I guess furnishings and that need to be 8 carved out, because I think that's something that, in 9 talking with some of the members of the Stock Show, that 10 they could probably help out a lot on design and also 11 probably, you know, maybe help with the cost, too. 12 JUDGE HENNEKE: Well, with the design -- it 13 has to fit in with the overall design. I don't disagree 14 with you, but they have to understand that there's a -- 15 first of all, there is a budget, and secondly, that whatever 16 they design has to fit within the design of the facility. 17 COMMISSIONER LETZ: Right, and I agree. And 18 I'm just saying that the -- the design-to-build contract for 19 the facility, I think at this point needs to pull out the 20 parking and pull out the -- at least some of the interior 21 furniture. 22 JUDGE HENNEKE: Well, I would -- I would 23 leave the parking in as an alternative so that you can 24 compare -- compare the cost that they would do, and also the 25 time, versus what Road and Bridge can contract for or what 9-23-02 114 1 they can do it themselves, and also the time frame. 2 COMMISSIONER LETZ: Right, and I agree with 3 that. Any other time, they may be able to come -- there may 4 be some prefab fence that is cheaper than reinventing the 5 wheel. So, I think we should do -- both of those should be 6 done as alternates. 7 COMMISSIONER GRIFFIN: You can write the 8 contract so that those are so-called costed options. In 9 other words, they -- they cost the option to do any of those 10 things. You can either exercise the option or not exercise 11 it, so that you can look at other ways of doing it. And you 12 don't have to necessarily -- but they -- when they do their 13 up-front exercise, they go ahead and cost that as an option, 14 but they -- and it's fully costed. If you exercise the 15 option, that's the price. That is -- that's the price you 16 pay. 17 COMMISSIONER LETZ: Under -- and, Bill, I 18 don't know if you know the answer to this or not, and we've 19 talked about it some. In the design-to-build, they -- I 20 presume what they furnish us is a -- what their bidding 21 base -- or what we make our decision on is a design and a 22 cost? 23 COMMISSIONER WILLIAMS: Right. And we sign 24 off on it. 25 COMMISSIONER LETZ: So we get -- basically, 9-23-02 115 1 at no cost to the County, we get a basic design provided by 2 the contractor in the bid process? 3 COMMISSIONER WILLIAMS: That's my 4 understanding. 5 JUDGE HENNEKE: No, it's not -- you choose 6 your team. 7 COMMISSIONER LETZ: How do you choose? 8 JUDGE HENNEKE: They produce the design -- 9 preliminary design. You then approve the preliminary 10 design, which they then cost. 11 COMMISSIONER LETZ: I guess my question is, 12 what is the -- what are the criteria used in choosing the 13 team? 14 COMMISSIONER WILLIAMS: Well, I want to get 15 to that. I'm glad you raised that, because, you know, this 16 leads to a little bit of confusion in terms of design-build. 17 The County selects the firm, normally a team of general 18 contractors and architects that work under one contract to 19 provide both design and construction. My question is, then, 20 to your question, do we pick the contractor, who in turn 21 picks the architect, or can we select the contractor and the 22 architect? 23 COMMISSIONER LETZ: They come as a team. 24 COMMISSIONER GRIFFIN: They have to select 25 who they want to team with. They make a proposal to us, and 9-23-02 116 1 then, based on that proposal, we select the team. 2 JUDGE HENNEKE: I think what you do, 3 Jonathan, is you set forth the criteria. The architect 4 would pick the general contractor. Then they must 5 demonstrate experience in construction of these types of 6 facilities. They must provide references. They must -- you 7 have to set up the criteria for the team, and then you 8 evaluate the proposals based on, you know, the criteria. 9 COMMISSIONER WILLIAMS: I think that's the 10 reason why I like the other -- prefer the other one better, 11 the construction manager-at-risk, as opposed to 12 design-build. And if we select a firm -- a general 13 contractor, and we also select -- and at the beginning of 14 the project and at the same time, we name an architect, a 15 construction manager-at-risk then works with them and sits 16 on top of them and makes sure it's built and designed to our 17 specifications, and that the end result, being the gross 18 maximum price, is one that we will be able to live with. 19 COMMISSIONER LETZ: I mean, I'm -- either one 20 of those two would work, but I still go back to my concern. 21 This is -- and I'm just looking down the road. How do you 22 make that choice? I mean, if we had three good, reputable 23 contractors that we've worked with that give some 24 preliminary numbers, I would not know how I could -- you 25 know, what criteria do you use, who to pick, other than -- I 9-23-02 117 1 mean, I don't see how you make that decision. 2 COMMISSIONER GRIFFIN: I can -- let me just 3 say -- and this doesn't make a whole lot of difference to 4 me, as you might understand, but if you can work it as a 5 design-build operation, this Court is going to benefit from 6 it, I guarantee you, because it will get you out of the 7 business of having to select contractors of any kind. You 8 select people that you know can go do this job based on 9 their credentials and their past performance, and then you 10 contract with them to go choose the right contractors and do 11 what they need to do, get the Court out of the loop on that. 12 And I think you're -- you're wise to do it. You'll probably 13 come in on cost, because that's the way it's written into 14 the contract. You'll probably get a better product, because 15 they're going to go out and get the very best contractor 16 they can. They have to -- 17 COMMISSIONER LETZ: I don't -- I really don't 18 see the difference in 4 and 5, because, as I understand it, 19 K.I.S.D. is currently using Number 4. 20 JUDGE HENNEKE: That's correct. 21 COMMISSIONER LETZ: And they're basically 22 having the same thing. They have hired a contractor, and, 23 you know, he has full authority. So -- they also hired the 24 architect. 25 JUDGE HENNEKE: And that's the difference. 9-23-02 118 1 COMMISSIONER LETZ: That's the difference, 2 who hires the architect? 3 JUDGE HENNEKE: K.I.S.D. hired an architect, 4 then they hired a contractor, and they said, You guys go 5 talk, come up with a design, plans and specs, and a price, 6 and if we adopt the price, contractor, you're stuck with it. 7 'Cause design-build, you select a team and they go through 8 the same exercise, but you haven't independently selected 9 the architect and the contractor. You get the same place, 10 but they -- you know, they come in as a team. You know, I 11 want to work with Jonathan -- I'm an architect; I want to 12 work with Jonathan. We'll make a proposal. 13 COMMISSIONER GRIFFIN: That alone is a good 14 part of the design-build philosophy, because the team 15 members decide who they want to team with, and it's people 16 they know they can work with, and they're not going to team 17 with someone they don't think they can work with. And we 18 know what happens when we get an architect and a -- and a 19 prime contractor that don't actually see eye-to-eye about 20 how things ought to go. We've been through that. 21 COMMISSIONER LETZ: I just think -- I think, 22 you know, I would prefer 5. But, I mean, it's not that big 23 of a deal. I mean, I can go with 4 or 5, but I would have a 24 little preference with 5, because we're talking about a 25 pre-engineered building, for the most part, for both of 9-23-02 119 1 these. I mean, that's -- it doesn't take much architecture. 2 COMMISSIONER GRIFFIN: That's right. 3 COMMISSIONER LETZ: You need basically -- I 4 mean, you know, in my mind, you don't need any architect, 5 really, in this project. But the law says we've got to have 6 one, so we're going to. 7 COMMISSIONER GRIFFIN: It's an important 8 point, because you may want to -- in that initial proposal, 9 RFP for selecting a team, we might want to include the 10 option of a single firm providing all of the services, both 11 design and build. That's often done as well on some similar 12 projects. 13 JUDGE HENNEKE: I think on a -- 14 COMMISSIONER GRIFFIN: They don't have to -- 15 JUDGE HENNEKE: I think on a public building, 16 we have to have an architect certified. 17 COMMISSIONER GRIFFIN: They may have an 18 in-house architect. 19 JUDGE HENNEKE: That's fine. I mean, they 20 can do it if it's an in-house person, so long as they are a 21 registered architect -- 22 COMMISSIONER GRIFFIN: Right. 23 JUDGE HENNEKE: -- that can do the necessary 24 certifications. It doesn't have to be someone housed in a 25 different location. 9-23-02 120 1 COMMISSIONER GRIFFIN: That's right. 2 JUDGE HENNEKE: As long as it's a team 3 concept. 4 COMMISSIONER LETZ: I'm still back to how we 5 make the decision and what we're asking them that's going to 6 be a different -- I mean, everyone who we hire by law is 7 going to be bonded, carry all this other stuff, you know. 8 JUDGE HENNEKE: The oath. 9 COMMISSIONER LETZ: The oath. They're 10 supposed to -- 11 JUDGE HENNEKE: That's going to be a 12 requirement, at least on this one. 13 COMMISSIONER LETZ: But I'm just trying to 14 figure out what criteria we make our decision on. Or is 15 there one? 16 JUDGE HENNEKE: What criteria would we make a 17 decision on anything? I mean, unless you go with 18 competitive bids, it's always subjective. And even a 19 competitive bid, there's a certain amount of subjectivity, 20 because you have to -- you have to hire the -- you have to 21 take the lowest qualifying bid, and the question comes, 22 who's qualified and who's not? 23 COMMISSIONER GRIFFIN: Generally -- let me 24 tell you another process. There's another piece of this 25 that I've seen work; it works very well, and that is you 9-23-02 121 1 have -- when you -- before you -- when you put out the 2 preproposal -- and that's what's it's called. You put out 3 the preproposal in draft form and you send it to all those 4 you think would be interested. Then you have a preproposal 5 conference where they can ask questions about, "Well, what 6 did you mean when you said this?" And, "Hey, this would be 7 better for everybody if it read so-and-so." So, now you 8 have a chance to sort of redo the criteria that you're -- 9 based on the bidders or the team -- potential teams asking 10 questions of you, now you can sort of come out with the 11 final RFP. That's what they, then, all respond to, and you 12 make a choice based on that. It works pretty good. 13 COMMISSIONER LETZ: I guess I'm going back to 14 what I was -- and I think, if my memory's correct, when I 15 was on the school board in Comfort and we were going through 16 a bond issue down there -- we don't use the old system, but 17 as I recall, the architect provided a basic drawing before 18 at no cost, and then, you know, if the bond issue passed for 19 that school, they were obligated to use them, and that 20 was -- and they would develop that design forward. Why 21 couldn't we go out in the package, saying, you know, you -- 22 here's a basic plan. Give us a design for -- or give us 23 something for what this is going to look like. 24 COMMISSIONER GRIFFIN: So, based on that, on 25 our rough spec? 9-23-02 122 1 COMMISSIONER LETZ: Yeah. You come up with 2 something. What can you give us for this dollar amount to 3 accomplish all of these needs, and what's it basically going 4 to look like? And, you know, can we not do it that way? 5 JUDGE HENNEKE: I think we can pretty much do 6 anything we want to, but then do you feel better qualified 7 to evaluate the team, then, if they give you a drawing than 8 if they simply state their qualifications? Is that a step 9 that's helpful to you in your decision? 10 COMMISSIONER LETZ: Yes. To me, it is. 11 JUDGE HENNEKE: Okay. 12 COMMISSIONER LETZ: It's also because I want 13 to make sure that -- that we're real clear on what we want 14 in this facility, because it's a -- that's a way for us to 15 look at a drawing and say, okay, we have restrooms, you 16 know. Make sure -- make sure the restrooms are there. I 17 mean, I think -- 18 COMMISSIONER WILLIAMS: Can we go back to 19 what Larry was talking about, about preproposal? That is 20 something that we -- we draft -- we draft a preproposal? Is 21 that what you're saying? 22 COMMISSIONER GRIFFIN: No. We have a 23 preproposal conference, but we have a draft RFP; we have a 24 draft Request for Proposal. So, what we do is we try to 25 generate this spec document that we want them to consider 9-23-02 123 1 and get their teams together and all. We -- we do that 2 document in draft, and then we send that to them in draft 3 and say," "Submit your questions by such-and-such date." 4 And there will be a preproposal conference shortly 5 thereafter, okay, after we get the questions and comments 6 back to that draft, where everybody who wants to show up at 7 that conference has the benefit of all the questions that 8 were asked and all of the answers, so that everybody's on a 9 level playing field. 10 COMMISSIONER WILLIAMS: Okay. 11 COMMISSIONER GRIFFIN: Now, you finalize -- 12 after that conference, you finalize the RFP and you send 13 that to all those who have shown interest. 14 COMMISSIONER WILLIAMS: Okay. 15 COMMISSIONER GRIFFIN: Everybody has the 16 benefit of the answers to everybody's questions. 17 COMMISSIONER WILLIAMS: Everybody that shows 18 interest can be -- can be either an architect who will 19 select a builder to form a team, or builder who will select 20 an architect to form a team; is that correct? 21 COMMISSIONER GRIFFIN: Right. And we're 22 going to have in there what these qualifying limits are, you 23 know, what you have to have as capability to bonding and all 24 the other stuff that goes with it, certified architects and 25 so on. And -- and then we're going to evaluate those 9-23-02 124 1 responses based on this final RFP when they come back to 2 you. They look at it -- say there's a Team A, B, and C. 3 Team B is the better looking team; they came closer to 4 answering what we asked for in the draft -- I mean in the 5 final RFP. They're the ones we want. 6 COMMISSIONER WILLIAMS: With that 7 understanding, then, of how that process works, I don't have 8 -- I don't have any particular problems in design-build, as 9 opposed to construction manager-at-risk. I just note one 10 spot here in this article talks about a guy who's a part of 11 a large construction firm -- Austin-based firm that 12 specializes in design-building, construction 13 manager-at-risk, and it says that the concepts afford the 14 owners' active participation to obtain the facility they 15 want for its intended use, and balance in the proposed 16 construction cost. Both of the concepts, either 17 design-build or construction manager-at-risk -- both 18 concepts allow a team approach from design through 19 construction, which he seems to think is beneficial to the 20 owner. 21 COMMISSIONER LETZ: Well, I mean -- 22 Commissioner Baldwin? You haven't said anything. 23 COMMISSIONER BALDWIN: No. No, I'm waiting. 24 I've always been a design-build fan. I just think you -- 25 COMMISSIONER LETZ: I think the -- I mean, 9-23-02 125 1 the purpose of the items down is to pick the approach and 2 then start developing the -- the Request for Proposal. 3 COMMISSIONER WILLIAMS: The Request for 4 Proposal. 5 JUDGE HENNEKE: I would suggest that we 6 choose the approach and then set a time, probably the last 7 meeting in October, to bring back a draft preliminary 8 Request for Proposal. 9 COMMISSIONER LETZ: In that interim, I would 10 think that -- I mean, it would probably benefit from a -- 11 I'm going through the time sequence. If we could have a 12 preliminary meeting of anyone, as well, so we could have a 13 final document to approve at the second meeting in October. 14 COMMISSIONER WILLIAMS: We need to have that 15 Request for Proposal drafted quick. 16 COMMISSIONER LETZ: Just so that, basically, 17 you know, we get the draft one put together. And then, you 18 know, we're having a conference even before we've had a 19 final draft for everyone to discuss a plan. We can put 20 together something, I think, as a -- a draft version pretty 21 quickly. 22 JUDGE HENNEKE: That's fine. 23 COMMISSIONER LETZ: I'll make a motion that 24 we proceed with the design-to-build approach for the -- 25 JUDGE HENNEKE: Renovation/expansion of the 9-23-02 126 1 Hill Country -- 2 COMMISSIONER LETZ: Yeah, for the 3 renovation/expansion of the Hill Country Youth Exhibition 4 Center. 5 COMMISSIONER WILLIAMS: I'll second. 6 JUDGE HENNEKE: Motion by Commissioner Letz, 7 second by Commissioner Williams, that the Court adopt the 8 design-build method of solicitation for companies interested 9 in the renovation/expansion of the Hill Country Youth 10 Exhibit Center. Any questions or comments? 11 COMMISSIONER WILLIAMS: I only have one other 12 comment, and it's not directly related, but it is sort of 13 related. I would recommend to all my colleagues for their 14 reading a commentary that appeared in the Weekender of the 15 Kerrville Daily Times, a guest column by Arthur Nagle. And 16 Arthur did a really, really bang-up job of -- of providing a 17 lot of insight into what we need to be thinking about, 18 things to consider in the future. And, believe it or not, 19 he's a proponent of the project. 20 JUDGE HENNEKE: Good. 21 COMMISSIONER BALDWIN: I noticed there one of 22 the things he's talking about is changing the name of it, 23 and the change was -- he took the word "youth" out, was the 24 only change. I think that it's extremely unwise to talk 25 about that kind of stuff at this point. 9-23-02 127 1 COMMISSIONER WILLIAMS: Oh, no. I'm just 2 asking to you read this thing. 3 COMMISSIONER BALDWIN: I know. I know. 4 JUDGE HENNEKE: Any other questions or 5 comments regarding the design-build selection? If not, all 6 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. 11 COMMISSIONER BALDWIN: I voted for it as if I 12 were going to build something. 13 (Laughter.) 14 COMMISSIONER GRIFFIN: Yes. 15 JUDGE HENNEKE: If there's nothing else -- 16 MR. SMITH: Judge, may I take about five 17 seconds of your time to make a comment? 18 JUDGE HENNEKE: Regarding what, Mr. Smith? 19 MR. SMITH: The reporter, Rosa Lavender. 20 This is her last meeting. 21 JUDGE HENNEKE: We've talked -- we covered 22 that at the very beginning. 23 MR. SMITH: Okay. I wasn't here. 24 COMMISSIONER WILLIAMS: We gave her 25 commendations and kudos. 9-23-02 128 1 MR. SMITH: I think she deserves it. Thank 2 you very much. I wasn't here when that happened. 3 JUDGE HENNEKE: We are adjourned. 4 (Commissioners Court adjourned at 11:46 a.m.) 5 - - - - - - - - - - 6 7 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 County Clerk of the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 27th day of September, 17 2002. 18 19 20 JANNETT PIEPER, Kerr County Clerk 21 BY: _________________________________ Kathy Banik, Deputy County Clerk 22 Certified Shorthand Reporter 23 24 25 9-23-02