1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Tuesday, November 12, 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 November 12, 2002 2 PAGE 2.1 Renew permission for Kerr County Market 3 Association to hold Market Days in 2003 14 4 2.2 Resolution of thanks and appreciation to Ruth Priest for service on Airport Advisory Board 26 5 2.3 Discuss order calling bond election, rescind 6 Order No. 27831 dated October 28, 2002 28 7 2.4 Approve lease agreement & operating agreement relating to Juvenile Detention Facility project 31 8 2.5 Plat revision, Lot 9 & 10, Horizon, Section One 37 9 2.7 Approval of 2002 LLEBG grant, set public hearing 10 for same 37 11 2.8 Approve contract with Kendall County to house prisoners in Kerr County Jail 40 12 2.9 Appointment of Constable, Precinct 1, for interim 13 period through December 31, 2002 41 14 2.12 Approve lease agreement with Arts and Crafts Fair Foundation 44 15 2.13 Approve contract with Kerr County Soil & Water 16 Conservation District, authorize County Judge to sign same 46 17 2.14 Approve paying election judges, alternates, and 18 clerks for service performed in General Election 47 19 2.6 Open sealed bids for lease of motor grader 49 20 2.10 Informational report of Kerrville South Waste- water project status as of October 29, 2002 51 21 2.11 Easement agreement with Riverhill County Club 22 & City of Kerrville 54 23 2.15 Canvass of 2002 General Election 60 24 2.16 Discuss sexual harassment complaint and any disciplinary action thereto 65 25 --- Adjourned 67 3 1 On Tuesday, November 12, 2002, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE HENNEKE: Good morning, everybody. 8 It's 9 o'clock in the morning on Tuesday, November 12th, 9 Year 2002. We will call to order this regular session of 10 the Kerr County Commissioners Court. Commissioner Baldwin, 11 I believe you have the honors this morning. 12 COMMISSIONER BALDWIN: Do I? Okay. If you'd 13 stand and pray with me, please, and then we'll -- after the 14 prayer, we'll do the pledge of allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE HENNEKE: Thank you, Commissioner. 17 COMMISSIONER BALDWIN: Thank you. It's an 18 honor to pray. 19 JUDGE HENNEKE: At this time, any citizen 20 wishing to address the Court on an item not listed on the 21 regular agenda may come forward and do so. Are there any 22 citizens wishing to address the Court on an item not listed 23 on the regular agenda? Seeing none, we will turn to the 24 Commissioners' comments. We'll start with Commissioner 25 Baldwin. 11-12-02 4 1 COMMISSIONER BALDWIN: Oh. Thank you again. 2 You're catching me off-guard here. I thought Larry did it 3 last time, so I thought we'd go through you first. 4 JUDGE HENNEKE: Well, but I covered Larry 5 when he was gone for Sandy. 6 COMMISSIONER BALDWIN: That's a typical 7 lawyer, isn't it, trying to weasel his way in there like 8 that. I wanted to bring you up-to-date. Commissioner 9 Griffin and I will meet with our new 911 coordinator 10 tomorrow -- and Mrs. Bullock's in the audience -- and the 11 following Commissioners Court meeting, we will ask him to 12 come in to meet all of you and kind of give us a report on 13 where he is. And I think -- I think he has his feet on the 14 ground and up and running, and -- and this logjam is fixing 15 to go from the 911. 16 COMMISSIONER GRIFFIN: Pig's about to go 17 through the pipe. 18 COMMISSIONER BALDWIN: Get that pig through 19 that pipe after all. And then the first meeting in 20 December, we will have a stormwater presentation from TAC; 21 they're coming over, so I don't know who all we want to 22 invite. I know Road and Bridge. Of course, I -- 23 COMMISSIONER WILLIAMS: County Judge and 24 Commissioner-elect. 25 COMMISSIONER BALDWIN: County Judge and 11-12-02 5 1 Commissioners are certainly welcome to the Commissioners 2 Court meeting -- oh, yeah, the new Commissioner-elect and 3 the new County Judge-elect. Of course, I see this thing as 4 inviting surrounding counties and doing a workshop, but 5 sometimes I think a little bit bigger than my brain is. 6 But, anyway, that's the first meeting in December. 7 JUDGE HENNEKE: I think that's a good idea. 8 COMMISSIONER LETZ: That's a good idea. 9 COMMISSIONER BALDWIN: I do, too. You know, 10 we've done several things like that and invited other 11 counties in, and some of them haven't heard about some 12 things that is fixing to run right over the top of us. And 13 what we might do, we may have them in and present it to us, 14 and then from that point, set up a -- set up a workshop, 15 maybe in January. I don't know, but we'll try to do that 16 and do, like, a half-a-day thing and get the Commissioners 17 Court from Bandera to buy our lunch and the whole thing. 18 JUDGE HENNEKE: Yeah, right. 19 COMMISSIONER BALDWIN: And then, last but not 20 least, I'd like to report to you about the Kerrville Tivy 21 Antlers. I know y'all are shocked and -- that I'm going to 22 bring this up. Most of you know that we won last week 23 against Boerne, 25-14. And Fred left a little bit early; 24 they scored on us right there at the end. 25 JUDGE HENNEKE: I knew you had it covered. 11-12-02 6 1 COMMISSIONER BALDWIN: Yeah. Yeah, we had it 2 under control at that time. And -- but, anyway, perfect 3 season, and real proud of our kids. And they play this 4 Friday in San Antonio against Fox Tech in Harlindale 5 stadium. I have directions to the stadium, and I'll make 6 one for all of you if you would like -- if you would like 7 one. They play at 7:30, Fox Tech, Harlindale Stadium in San 8 Antonio. Counting today, there's 35 days to the state 9 championship game. And I notice in the rankings this 10 morning, our Tivy Antlers moved from 8th place to 7th place 11 in the state. So, things are fun. Things are fun around my 12 house, I can tell you that. So, that's all I have to say. 13 Tivy fight never dies. 14 JUDGE HENNEKE: Thank you, Commissioner. 15 Commissioner Williams? 16 COMMISSIONER WILLIAMS: Yesterday we had the 17 Veterans Day event on the courthouse lawn or driveway, and I 18 thought it was a particularly moving event yesterday. I 19 guess the -- the reason being that we're besieged by 20 military activity and threats from abroad, and sometimes 21 from within, and to see our veterans there being honored was 22 extremely moving, particularly when General Schellhase 23 presented a bronze star to Lieutenant Colonel DeVore for his 24 valor and bravery in action and combat in Afghanistan. I 25 thought that was particularly moving. And we don't often 11-12-02 7 1 have the opportunity to see the presentation of a high 2 military award on our own courthouse grounds, and I thought 3 that was good to be a part of it and to witness it. Sorry 4 you missed it, if you did miss it. 5 JUDGE HENNEKE: It was fine. Commissioner 6 Letz? 7 COMMISSIONER LETZ: Couple things. First, 8 the Comfort Bobcats will be in the playoffs once again, 9 which I think we all expected, even though they did have one 10 loss this year. Wish them well. Second, several months ago 11 we passed a resolution regarding GMA boundaries, groundwater 12 management areas, and the new map that's going to be 13 presented to the Water Development Board was announced last 14 Friday, I believe, and they modified it slightly. Kerr 15 County remained in Area 9, which was the -- we had requested 16 that it get moved into -- the whole Trinity get moved into 17 the -- or not only requested Kerr County, but other counties 18 get moved into the San Angelo area, where Edwards -- where 19 the Edwards Trinity is. That did not happen. The boundary 20 we are in, it's basically -- they changed it and added 21 Bandera County into it all the way, so it's Bandera County, 22 Kerr County, Kendall County, Hays County, part of Comal and 23 part of Bexar, as I recall. So, that is the boundary. It 24 appears that they've pulled in more of Bexar than they had 25 previously, based on the way the map -- you know, until you 11-12-02 8 1 see the actual close-up. It's not all bad, but it's not 2 fantastic. It's -- they leave the Middle Trinity pretty 3 much as the driving force behind that boundary. There is 4 one chance left to appeal it to the full Water Development 5 Board, but I don't think that would be -- I mean, I think 6 the chances of getting a change at that point is going to be 7 pretty slim without a bunch of new information. This is the 8 third revision they've come up with through staff, so I 9 think we'll live with it. It's certainly a lot better than 10 the first one, so we've made some improvements. 11 And the last thing is kind of going back to 12 what Bill was talking about on Veterans Day. I heard a 13 statistic -- actually, this morning, I heard it, and it 14 really moved me. And it was the number that each day, 15 currently 1,000 World War II veterans pass away, and by the 16 year -- before 2008, 2009, there are likely to be very few, 17 if any, World War II veterans left. That just kind of 18 really makes me think about what the generation has done for 19 the country and how fast they're leaving us. And, really, 20 everyone -- I would encourage you to -- if they know any 21 World War II veterans, to spend time with them and talk to 22 them in the coming years, because they're quickly, you know, 23 going on. That's it. 24 COMMISSIONER BALDWIN: I want to say 25 something about the veterans thing, too. 11-12-02 9 1 JUDGE HENNEKE: Go ahead. 2 COMMISSIONER BALDWIN: Every year I get 3 together with some buddies of mine and our kids, and we have 4 lunch over here at the barbecue place. 5 COMMISSIONER LETZ: Buzzy's? 6 COMMISSIONER BALDWIN: No. 7 COMMISSIONER WILLIAMS: Choo-Choo's. 8 COMMISSIONER BALDWIN: Choo-Choo's, thank 9 you. And -- because that -- that's the old train station, 10 and we think that is the last time any of our veterans that 11 died in the war, that's the last time they touched ground in 12 Kerr County. And so we just kind of get together and have 13 lunch and kind of honor them. That's all. Thank you. 14 JUDGE HENNEKE: Commissioner Griffin? 15 COMMISSIONER GRIFFIN: One more thing on 16 that. I was privileged to attend a -- as a guest, a 17 veteran's celebration yesterday in -- in San Antonio, and I 18 was amazed -- of course, being an old veteran myself, I was 19 amazed at how many young ones there are now. I mean, gosh, 20 the faces of the guys that served in Kosovo, Afghanistan, 21 and even before that, some in the Gulf war, even though 22 that's 10 years ago now. But, I'm just amazed at how well 23 we are served by our -- our youth that are dedicated to 24 military service, and it's nice to be around them. Every 25 time I get around them, I feel better. And I would talk 11-12-02 10 1 about A & M - Oklahoma football, but in deference to the 2 County Judge, who's my good friend, I won't say anything 3 about that. 4 (Laughter.) 5 JUDGE HENNEKE: You're too kind, 6 Commissioner. 7 COMMISSIONER LETZ: If the Longhorns don't 8 gain on them as well. 9 COMMISSIONER GRIFFIN: Oh, yeah. You know 10 Oklahoma is going to try -- and, in fact, coming out of the 11 stadium on Saturday, there were several Oklahoma fans that 12 stopped and said, you know, you got to do the same thing to 13 Texas for us. 14 COMMISSIONER LETZ: I'm sure they'll try, but 15 hopefully it won't happen. 16 JUDGE HENNEKE: I would remind everyone that 17 our next regular scheduled meeting is an evening meeting. 18 It will be on Monday, November 25th, beginning at 6:30. I 19 believe we will have to have a special session that 20 afternoon in order to open and accept the design-build 21 proposals. Just so everyone's aware of the scheduling. It 22 was an honor to be part of the Veterans Day celebration 23 yesterday. As Commissioner Williams said, it was 24 particularly meaningful when we had the bronze star 25 presented to a new member of the Kerr County community. 11-12-02 11 1 Kevin DeVore and his family were here. I think he's made an 2 outstanding addition to our community. And, as Commissioner 3 Letz said, and Commissioner Baldwin, we all need to 4 recognize the fact that the greatest generation, according 5 to Tom Brokaw, is rapidly becoming the former greater -- 6 greatest generation, and we need to take time to pay tribute 7 to those people, not only on Veterans Day, but every 8 opportunity we get. With those preliminaries, let's move 9 into the business at hand and pay some bills. Mr. Auditor, 10 do we have any bills to pay? 11 MR. TOMLINSON: Always. 12 JUDGE HENNEKE: Anyone have any questions or 13 comments regarding the bills as presented and recommended by 14 Mr. Tomlinson? 15 COMMISSIONER BALDWIN: Judge, I move that we 16 pay the bills. 17 COMMISSIONER WILLIAMS: Second. 18 COMMISSIONER GRIFFIN: Second -- third. 19 JUDGE HENNEKE: Motion by Commissioner 20 Baldwin, second by Commissioner Williams, that the Court 21 authorize payment of the bills as presented and recommended 22 by the Auditor. Any questions or comments? If not, all in 23 favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 11-12-02 12 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Budget 3 amendments. Budget Amendment Number 1 is for the District 4 Clerk's Office. 5 MR. TOMLINSON: With this amendment, I have a 6 late bill that I need a hand check for, payable to First 7 Insurance Agency. It's for the District Clerk's 8 professional liability insurance renewal. We had budgeted 9 $1,240 for this -- for this payment, and the bill totals 10 $1,837.50. We need to amend that line item by $597.50, to 11 come from the Microfilm Records line item. 12 COMMISSIONER LETZ: So moved. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE HENNEKE: Motion by Commissioner Letz, 15 second by Commissioner Baldwin, that the Court approve 16 Budget Amendment Request Number 1 for the District Clerk, 17 and authorize payment of a late bill and issuance of a hand 18 check in the amount of $1,837.50 payable to -- First 19 Insurance Agency? Was that it? 20 MR. TOMLINSON: Yes. 21 JUDGE HENNEKE: First Insurance Agency. 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. 11-12-02 13 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Budget 3 Amendment Request Number 2 is for Election Expense. 4 MR. TOMLINSON: This is a request from the 5 Clerk's office to transfer $47.85 from Ballot Expense to 6 Notices in the Elections Department. 7 COMMISSIONER GRIFFIN: So moved. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Griffin, second by Commissioner Baldwin, that the Court 11 approve Budget Amendment Request Number 2 for Election 12 Expense. Any questions or comments? If not, all in favor, 13 raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. Do we have 18 any additional late bills? 19 MR. TOMLINSON: I have one, payable to Office 20 Depot, for $588.05. It's for the jail. 21 COMMISSIONER WILLIAMS: So moved. 22 COMMISSIONER GRIFFIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Williams, section by Commissioner Griffin, that the Court 25 approve a late bill and authorize a hand check in the amount 11-12-02 14 1 of $588.05 payable to the Office Depot for office supplies 2 for the jail. Any questions or comments? If not, all in 3 favor, raise your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE HENNEKE: Opposed, same sign. 6 (No response.) 7 JUDGE HENNEKE: Motion carries. Thank you, 8 Tommy. At this time, I would entertain a motion to waive 9 reading and approve the minutes of the October 15th and 10 October 28th Kerr County Commissioners Court. 11 COMMISSIONER BALDWIN: So moved. 12 COMMISSIONER LETZ: Second. 13 JUDGE HENNEKE: Motion by Commissioner 14 Baldwin, second by Commissioner Letz, that the Court waive 15 reading and approve the meeting -- minutes of the August -- 16 of the October 15th, 2002, and October 28th, 2002, meetings 17 of the Kerr County Commissioners Court. Any questions or 18 comments? If not, all in favor, raise your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE HENNEKE: Opposed, same sign. 21 (No response.) 22 JUDGE HENNEKE: Motion carries. We don't 23 have any monthly reports to approve, so we'll commence 24 directly into the consideration agenda. Item Number 1 is to 25 consider and discuss renewing permission for the Kerr County 11-12-02 15 1 Market Association to hold Market Days events on the 2 Courthouse Square. Commissioner Baldwin. 3 COMMISSIONER BALDWIN: Yes. Ms. Anderson? 4 On your way up to the podium, I have a comment to make. 5 Actually, I want to read something, and then I have a 6 question for you. This is out of the Commissioners Court 7 minutes of the meeting of that -- when we approved of this 8 program, the Kerr County Market Association to use the 9 courthouse square, and I want to read you one of Mrs. -- 10 Ms. Anderson's comments here. And, quote, "If, on the date 11 that we open on the first market day, we can have 10 vendors 12 here, I will feel that we have been extremely successful. 13 If, at the end of the year, we could report that we averaged 14 10 vendors each market day, I would feel like we had been 15 even more successful." How many vendors did you have 16 Saturday? 17 MS. ANDERSON: About a hundred more than we 18 thought we would have. 19 (Laughter.) 20 COMMISSIONER BALDWIN: I would consider that 21 successful. That's all I wanted to bring up at this time. 22 Thank you. 23 MS. ANDERSON: Thank you. Good morning, 24 Judge, Commissioners. I appreciate time this morning to 25 visit with you for a few minutes. Appreciate being on your 11-12-02 16 1 agenda to request approval for Kerr County Market Days 2003. 2 I know you have quite a lot of business to conduct today, so 3 I'll limit my comments, but there are a couple things I 4 think I really have to take just a minute to say. And the 5 first of those is, I thank you. Thank you to you. If you 6 hadn't been willing to take a chance with this, to give us 7 your counsel through these last months as we've gone ahead 8 with the market, Kerr County Market Days wouldn't exist. 9 So, the very fact that it's there and that it's moved 10 forward is totally to the credit of this group, who are our 11 Judge and our County Commissioners, and we never lose sight 12 of that, and we thank you for it. We'd also like to say 13 thank you to Thea and to Glenn and his staff for all the 14 help that they've been to us. Thanks to K.D.B.A., K.A.C., 15 K.A.C.C., Dietert Senior Center, Convention and Visitors 16 Bureau. They have all been a tremendous support, as well as 17 many other businesses and organizations here in the 18 community. And I guess the really, really big thank you is 19 to all the citizens of this community. They've come to the 20 market. They've participated in the market. They've come 21 by to shake hands and say thank you. And they've even 22 dropped money the donation jar. It's just been a tremendous 23 experience for us to get to meet, get to have experience 24 with so many people here in this community, and it makes me 25 know that I chose the right town to make my home. 11-12-02 17 1 The proposal we provided to you requests your 2 approval to begin Market Days 2003 on the second Saturday in 3 April and run through the second Saturday in December. The 4 markets would be held here on the square for a total of 17 5 Saturdays in 2003. Several pages in the proposal document 6 outline accomplishments from this year. I believe all of 7 those accomplishments are positives. We've also outlined 8 what we believe are economic impacts here in the community; 9 again, all positives. We even gave you a little brief 10 financial statement, which shows that market expenses have 11 been very modest, and that we're meeting all of those 12 expenses through donations. These donations come from 13 vendors who participate in the market, and it's strictly 14 voluntary. And, as I said, some of these donations come 15 directly from the community. Saturday, there were several 16 times I noticed people -- just people who came to the market 17 to visit, people who came to shop, they came by the K.C.M.A. 18 booth and dropped a dollar or two in the coffee can, and it 19 just gives us a tremendous, positive feeling that the 20 community has received us in this way. 21 Our proposal for 2003 is to basically 22 continue the market, the same guidelines that are being used 23 this year. Most importantly, we reaffirm our commitment to 24 provide a high-quality community event based on the theme of 25 homegrown, homemade. Basically, the same rules would 11-12-02 18 1 continue to apply about no live animals, no flea market, no 2 used things, no alcohol and so on. The primary new element 3 in the 2003 proposal is a modest fee structure. The key 4 point I'd like to make about the fees that we're currently 5 considering are, one, everybody gets two free markets. We 6 think this is a critical part of the market, that anybody 7 who wants to try this gets a chance to do that at no cost to 8 them. There will always be two free markets for anybody 9 that wants to participate, as long as we have some space 10 where we can put them. So, if somebody is new to crafting, 11 somebody who thinks they've got something that they can 12 sell, they can come down here and try it and see if it will 13 work for them before they make any commitment whatsoever in 14 terms of a fee. For those people who are wanting to be 15 full-time participants, this is something they really do, 16 they -- we're proposing an annual fee that we believe is not 17 only very competitive, but in most cases, it's dramatically 18 less than fees for this type of market anywhere in the Hill 19 Country or South Texas area. We want to keep the fees very 20 low. Again, we see this as an economic generator, that 21 people can come here, start a business, build up a business, 22 add a little to their income, whatever, and that the actual 23 profits from this go into their pocket, and K.C.M.A. will 24 continue as a nonprofit organization. 25 The proposal documents also outline some 11-12-02 19 1 future goals for the market. The number one goal, the one 2 that I want most and one that I think our customers want 3 most, is to see more produce in the market. We're working 4 on several ideas. Among that is contact with the state 5 organic growers' association, and an idea to expand a little 6 growers co-op so that we can bring more produce to the 7 market. Another important goal is to increase community 8 participation, where we would really like to see people from 9 the community who would like to join us in the association 10 to participate in the day-to-day operations, as well as 11 long-term future management for the market days. We think 12 this would be very important to maintain this as a community 13 event. 14 The final, and perhaps the most important 15 item listed on the goals list, is to define a long-term 16 vision for Kerr County Market Days. Last time I was here, 17 we didn't know really quite what was going to happen. We 18 believed it would work and we believed it would be a good 19 thing. It's grown far more rapidly than we ever 20 anticipated, so we've come to a point now where I think it 21 would be appropriate to start to define just exactly where 22 do we want to take this in 2003 and '4 and '5. And, again, 23 this is where I think it would be critically important to 24 have the community participate, downtown businesses 25 participate, have input from a variety of sources as we plan 11-12-02 20 1 the market's future development. 2 I think that about covers our proposal. As I 3 said, I tried to make it -- limit my remarks. I'll just 4 draw your attention to the two charts that are provided as 5 attachments. These charts show you what our participation 6 has been in terms of vendors, as well as the geographic 7 reach that the market has come to have. I wish I had 8 similar data for our customers, but we haven't done a 9 customer survey. Maybe someday we'll get to do that. Just 10 from my personal experience in talking to people who shop 11 the market, we're getting lots and lots of visitors from the 12 entire surrounding area. We're now listed in the Weekend 13 Guide in the San Antonio Express. We've got lots of 14 visitors from San Antonio. We're on the radio stations from 15 time to time. We're in the Fredericksburg paper. Our 16 Convention and Visitors Bureau is really passing the word, 17 so we are getting people who've come to Fredericksburg, 18 found out about the market, and come on down here and spend 19 some time in our community. Spend some time and some money. 20 One of our things for next year is to expand our publicity, 21 to reach out into some national and statewide publications 22 like Texas Monthly, try to get our Market Days even more 23 widely known and draw visitors from a wider base. So, with 24 that, we request your approval for County Market Days 2003. 25 And I'll close and I'll try to answer any questions that you 11-12-02 21 1 might have. Thank you. 2 JUDGE HENNEKE: Anyone have any questions for 3 Mrs. Anderson? 4 COMMISSIONER BALDWIN: I do have one. I've 5 noticed -- it appears to me that you've outgrown the 6 courthouse, possibly. I mean, you're not going to be able 7 to add very many more to your list. Is there a possibility 8 of moving over out on the sidewalks in downtown Kerrville, 9 or what do we do? 10 MS. ANDERSON: We were actually -- that idea 11 was mentioned to us through K.D.B.A. They have been 12 extremely supportive from the very beginning. And we're 13 having some very, at this point, informal conversations with 14 them about doing a little test ride; that is, the 15 December 14th market, to see if this is something that -- 16 and I realize this would involve the City of Kerrville. If 17 it would work for all -- for everybody who would be affected 18 by that, for the market, for the businesses, for the whole 19 traffic situation and so on. So, that's something that, at 20 this point, is sort of an informal discussion. 21 COMMISSIONER WILLIAMS: I have a comment, 22 Judge. 23 JUDGE HENNEKE: Go ahead. 24 COMMISSIONER WILLIAMS: I just want to say 25 that I, among the five, probably had the greater 11-12-02 22 1 reservations at the outset as to whether or not your venture 2 would be successful. I commend you for the success. I 3 think it's been good for Kerr County, for the City of 4 Kerrville, for the utilization of the courthouse grounds. I 5 think all of that's good. I particularly want to commend 6 you also for your willingness to work with those groups that 7 routinely use the courthouse grounds and -- and who, I 8 guess, on two or three occasions, we really came upon a 9 potential conflict, and I appreciate your willingness to 10 work with them and work out those conflicts and make it 11 possible for those small organizations to continue to raise 12 their funds for their purposes on those dates where there 13 could have been a problem. I really thank you for doing 14 that. 15 MS. ANDERSON: Thank you. 16 COMMISSIONER WILLIAMS: One other thing. And 17 in that same connection, I have just one question here about 18 your proposal. It has to do with the prohibited items. And 19 I assume, when you list these, you're talking about those 20 vendors who would report directly to your organization, when 21 you talk about prohibited items, anything that might have 22 been purchased for the purpose of resale? 23 MS. ANDERSON: Yes. 24 COMMISSIONER WILLIAMS: You prohibit that, 25 and that's fine. That's your regulation. But there's no 11-12-02 23 1 intention for that to, by any chance, slop over onto the 2 Kiwanis, who buy brooms and mops, for example, or anything 3 like that? 4 MS. ANDERSON: No. We see those events as -- 5 as pre-existing, separate, and not under the guidelines that 6 apply to people who come here for profit. We think that 7 having the community activities like the mop and broom 8 sales, like the Tivy Debate Club, like the Tivy Golden 9 Girls, the Lion's Club and so on, we think that's critical 10 to the success and the quality of a community event, and add 11 tremendously to the spirit of the market. 12 COMMISSIONER WILLIAMS: Thank you. 13 JUDGE HENNEKE: Any other questions? 14 COMMISSIONER LETZ: I'm just amazed at the 15 success of that. I think it's great. 16 COMMISSIONER GRIFFIN: Fantastic. 17 COMMISSIONER LETZ: Appreciate the amount of 18 hard work y'all have put into it. 19 MS. ANDERSON: Thank you. 20 COMMISSIONER LETZ: Making it happen. 21 JUDGE HENNEKE: Before we act on that, 22 Janelle Bullock, the president of Kerr County Women's 23 Chamber, has signed up to make a few comments. Janelle, do 24 you want to come forward at this time? 25 MS. BULLOCK: I want to thank everybody. 11-12-02 24 1 It's such an honor, and thank you for allowing me to speak. 2 I'm here on the behalf of LuAnn, because due to 4th of July, 3 the Women's Chamber wasn't able to make their major 4 fundraiser event for their community projects, and the Kerr 5 County Market Days was one of those that allowed us to make 6 up the loss that we had during that time. And I think it 7 has been very wonderful for us, being out in the community, 8 seeing the people and meeting with them, and plus raising 9 funds for our community projects, plus our Women Helping 10 Women scholarships. And I would like to say I would love to 11 see this continue. I think it's a good thing for the 12 community. While I was out at the booths, I met people 13 from -- all the way from Alaska and, you know, all across 14 the country, and it was wonderful to be out there and meet 15 these people, and also support our community. And I would 16 like to see this pass. I'm in favor of LuAnn. Thank you so 17 much. 18 JUDGE HENNEKE: Thank you. 19 COMMISSIONER LETZ: Judge, I do have one 20 other question. LuAnn, do you have an idea as to what your 21 sales are or have been on an average Saturday? I know it's 22 probably pretty hard to -- 23 MS. ANDERSON: It's very difficult, 'cause 24 we've had a constantly expanding number of vendors, so we've 25 had a constantly increasing amount in sales. I can say that 11-12-02 25 1 on more than one Saturday, we have had more than one vendor 2 who has gone into the four-figure range in sales. We've had 3 some vendors who haven't done that well. But, again, as we 4 had hoped from the beginning, the rules of supply and 5 demand, what's available and what people want to buy, I 6 think, is going to control that. But we have had vendors 7 who have been extremely successful. 8 JUDGE HENNEKE: Anything else? 9 COMMISSIONER BALDWIN: Judge, I would move 10 that we renew our agreement, I guess, with Kerr County 11 Market Association for them to use the courthouse the second 12 Saturday beginning in April through second Saturday in 13 December of 2003. 14 JUDGE HENNEKE: Second and fourth Saturdays? 15 COMMISSIONER BALDWIN: Second and fourth. 16 COMMISSIONER WILLIAMS: I'll second that. 17 JUDGE HENNEKE: Motion by Commissioner 18 Baldwin, second by Commissioner Williams, that the Court 19 extend the agreement with the Kerr County Market Days 20 Association for continued use of the courthouse grounds on 21 the second and fourth Saturdays of the year commencing 22 April -- whatever, running through the end of the year. 23 Second Saturday in April. Any questions or comments? If 24 not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 11-12-02 26 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Thank you, 4 Ms. Anderson. We appreciate your help. It's a wonderful 5 deal. 6 MS. ANDERSON: Thank you. And y'all come see 7 us. 8 JUDGE HENNEKE: We'll be back. The next item 9 is Item Number 2, consider and discuss and take appropriate 10 action on a resolution of thanks and appreciation to Ruth 11 Priest for her years of service on the Kerrville/Kerr County 12 Airport Advisory Board. Commissioner Williams and 13 Commissioner Griffin. 14 COMMISSIONER WILLIAMS: Thank you, Judge. We 15 had -- Larry and I had talked about paying a tribute to Ruth 16 Priest for her years of service to Kerr County, and 17 particularly to the Kerrville/Kerr County Airport Advisory 18 Board. She will be honored at a reception at City Hall on 19 the 14th. We thought it would be appropriate for this Court 20 to pay some respect to her and thanks to her for her years 21 of service, and with your permission, I'll read into the 22 record a resolution. "Whereas Ruth Priest has spent a vast 23 number of years working in the field of aviation in the 24 public and private sectors; and whereas, as a citizen of 25 Kerr County, she offered her time and expertise to the City 11-12-02 27 1 and County for the betterment of local aviation; and 2 whereas, Ruth Priest served 14 years as Chair of the 3 Kerrville/Kerr County Joint Airport Advisory Board; and 4 whereas, during her tenure, significant beneficial 5 improvements have been made to the Kerrville/Kerr County 6 Airport; and whereas her advice and counsel were invaluable 7 to the City of Kerrville and Kerr County during the 8 development of the long-range master plan for the airport; 9 Now, therefore, be it resolved that Kerr County 10 Commissioners Court expresses its thanks and appreciation to 11 Ruth Priest for her 14 years of service to the citizens of 12 Kerr County as Chair of the Kerrville/Kerr County Joint 13 Airport Advisory Board; and be it further resolved that a 14 signed and sealed copy of this Resolution be presented to 15 Ruth Priest on the occasion of a reception in her honor on 16 November 14th, 2002." I'll offer the resolution for 17 approval. 18 COMMISSIONER GRIFFIN: Second. 19 JUDGE HENNEKE: Motion by Commissioner 20 Williams, second by Commissioner Griffin, that the Court 21 approve a resolution of thanks and appreciation to Ruth 22 Priest for the years of service on the Kerrville/Kerr County 23 Airport Advisory Board. Any other comments? Questions? If 24 not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 11-12-02 28 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. 4 COMMISSIONER WILLIAMS: Judge, before you 5 move on, I just think it would be appropriate to note that 6 in the TexDOT directory or book of airport improvements that 7 will be undertaken or scheduled for undertaking in the years 8 coming forward, we're in line for about $12.4 million worth 9 of airport improvements in the next fiscal year. 10 JUDGE HENNEKE: Outstanding. Okay. Moving 11 along, the next item is Item Number 3, consider and discuss 12 Order Calling a Bond Election and rescinding Order Number 13 27831 dated October 28, Year 2002. Mr. Spurgeon? 14 MR. SPURGEON: Judge and members of the 15 Court, the item that's on the agenda this morning is to 16 essentially redo the item that you did on October 28th, 17 which was calling your bond election for November 1st. The 18 reason that I'm asking to put this back on the agenda is an 19 error on my part, and there's a provision under a separate 20 part of the Texas statutes that apply to cities and 21 counties; doesn't apply to any political subdivisions but 22 cities and counties, calling an election not earlier than 90 23 days in advance of an election. Calling that on October the 24 28th was actually 96 days. Now, that was an error on my 25 part, but when we were looking at scheduling the vote for 11-12-02 29 1 the election, et cetera, my concern at the time was to be 2 sure we had things done in advance so we could make 3 submission to the Justice Department. You're going from 19 4 voting places -- polling places down to four, which is 5 permitted by the statutes in terms of allowing to you 6 consolidate your -- your polling places, but in submitting 7 it to the Justice Department, I wanted to be sure that we 8 got through their process, which takes 60 days -- or up to 9 60 days for them to respond. In case they had any problems, 10 we have the opportunity to come back and -- and make 11 adjustments as we need to do that. 12 Election Code normally says -- or Election 13 Code does say, as a general rule, that you cannot -- or you 14 must call an election at least 45 days in advance; that the 15 90-day rule is something that, frankly, didn't come to mind 16 until I was actually preparing the documents going to the 17 Justice Department, and that's when it hit me that we called 18 it a little too early. So, to correct that, to be sure that 19 we don't have any problems in terms of election, I'm asking 20 that you rescind the order from October 28th, and 21 essentially recall the election today. Everything else 22 about the election stays the same. 23 JUDGE HENNEKE: Anyone have any questions? 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER GRIFFIN: Second. 11-12-02 30 1 JUDGE HENNEKE: Okay. Before we -- before I 2 recognize your motion, we need to hear from Jannett, the 3 County Clerk. 4 MS. PIEPER: There's one change that we would 5 need to make; that would be the Precinct 2 location. We 6 haven't got a definite okay on it, but I think it'd probably 7 be better to change the location for Precinct 2 to the 8 Extension Office meeting room, because the Cailloux Center 9 will not be available. 10 COMMISSIONER LETZ: My motion is amended. 11 COMMISSIONER GRIFFIN: And second. 12 JUDGE HENNEKE: Motion by Commissioner Letz, 13 second by Commissioner Griffin, to approve the order calling 14 the bond election, rescinding Order Number 27831, as amended 15 to provide for the voting location for Precinct 2 on 16 election day to be the Kerr County Extension Office meeting 17 room, 5001 San Antonio Highway, Kerrville, Texas, 78028. 18 Questions or comments? 19 COMMISSIONER GRIFFIN: Does the -- a 20 question. Does the motion also include the vacation of the 21 earlier order? 22 JUDGE HENNEKE: Yes, the order itself 23 rescinds the previous order. 24 MR. SPURGEON: It's actually in the order, 25 yes, sir. 11-12-02 31 1 COMMISSIONER GRIFFIN: Okay. 2 JUDGE HENNEKE: Okay. If not -- 3 COMMISSIONER WILLIAMS: Is this going to be 4 amended? What I'm seeing here calls for Schreiner -- 5 JUDGE HENNEKE: Yes, it will be. 6 MR. SPURGEON: We'll note that. We'll put 7 that in this, yes, sir. 8 COMMISSIONER WILLIAMS: Okay. 9 JUDGE HENNEKE: If there's no further 10 questions or comments, all in favor, raise your right hand. 11 (Commissioners Williams, Letz, and Griffin voted in favor of the motion.) 12 13 JUDGE HENNEKE: Opposed? 14 (Commissioner Baldwin voted against the motion.) 15 16 JUDGE HENNEKE: Motion carries. Okay. Item 17 Number 4, consider and discuss an order approving a Lease 18 Agreement and Operating Agreement relating to Kerr County, 19 Texas Juvenile Detention Facilities Project, and consent to 20 the execution and delivery by Hill Country Juvenile Facility 21 Corporation of a Trust Agreement, Mortgage, and Security 22 Agreement, and to the issuance of bonds by such corporation 23 to refinance, and finance improvements to Kerr County 24 Juvenile Detention Facility, and authorizing other actions 25 relating thereto. Mr. Spurgeon. 11-12-02 32 1 MR. SPURGEON: Judge and members of the 2 Court, this is the first of actually four different bodies 3 in Kerr County that are going to be involved in connection 4 with the refinancing of the Juvenile Facility and providing 5 funds for the extension of the facility. As I -- just to 6 kind of refresh your memory, the actual -- the bonds, 7 themselves, are going to be issued by the Hill Country 8 Juvenile Facility Corporation, which was a public finance -- 9 or public facility corporation created by the County about a 10 year ago. We are -- due to provisions under state law, it's 11 necessary because of -- frankly, because of the lack of 12 specific statutes dealing with Juvenile Board and who they 13 could contract with, it's necessary to involve the County in 14 this financing to actually enter into the lease agreement 15 with the Hill Country Juvenile Facility Corporation, which 16 is very, very -- which is a common type of financing for -- 17 for a public facility corporation like we're doing here. 18 It's called a lease revenue bond financing 19 where, literally, the County will be entering into a lease 20 agreement with the Hill Country Juvenile Facility 21 Corporation, which technically, they would be leasing the 22 facility to the County. But, all along, the desire of the 23 County has been that the County would have no responsibility 24 in terms of payment and those things, so in order to move 25 all of those payment responsibilities over to the Juvenile 11-12-02 33 1 Board, which is the way it should be in the first place, the 2 County will be entering into an operating agreement with the 3 Juvenile Board, which essentially says that you will be -- 4 or that they will be operating the facility, and they will 5 be assuming -- "they," the Juvenile Board, will be assuming 6 all of the payment responsibilities for -- you know, for the 7 operation of the facility; not only just maintenance and 8 operation, but also payment of debt. 9 So that what you're being asked to do today, 10 really, are three things. One is to enter into the lease 11 agreement with the Hill Country Juvenile Facility 12 Corporation. Second is to enter into the operating 13 agreement with the Juvenile Board, which again transfers all 14 of your responsibilities, essentially, over to them. And 15 third is to formally approve or consent to the issuance of 16 the bonds by the Hill Country Juvenile Facility Corporation. 17 That's part of the provision under the statute, that the 18 sponsoring entity, being Kerr County, would have to assent 19 to the issuance of bonds by the public facility corporation. 20 Bob Henderson has estimated that the bonds would be issued 21 in amounts of approximately $5.2 million. That includes 22 about a million, nine to pay off the old debt, the 1994 23 lease. Approximately two hundred -- or $2,600,000 for 24 construction, give or take several tens of thousands, I 25 believe, in that amount, and approximately $400,000 to fund 11-12-02 34 1 the reserve fund, and then there's some cost of somewhere 2 around $100,000. Comes to about $5.2 million. 3 We've included in the order that you'll be 4 approving today that you will be consenting to the issuance 5 of funds up to $5,250,000. We don't think we'll go that 6 high, but we want to give a little bit of -- slight little 7 bit of wiggle room in case there's something we need to 8 adjust in the numbers. Those numbers will be set next week. 9 When I mentioned that there are four boards that are 10 meeting, three of those boards will meet next week on the 11 21st, and the sale of the bonds will be conducted by the 12 underwriters next week, and all the final payment terms will 13 be set at that point. So, in a nutshell, that's kind of 14 what you're being asked to do. And it also approves, sort 15 of, the concept of the other documents -- the security 16 documents that are behind the bonds. Again, you're not the 17 party to those documents, but you're being asked to consent 18 to those documents. 19 COMMISSIONER BALDWIN: Tom, basically, the 20 public facility corporation doesn't have bonding authority, 21 so the -- this body here, is that -- 22 MR. SPURGEON: No, not exactly. 23 COMMISSIONER BALDWIN: Not exactly. 24 MR. SPURGEON: The public facility 25 corporation is the -- the entity that has the support to 11-12-02 35 1 issue the bonds. 2 COMMISSIONER BALDWIN: Okay. 3 MR. SPURGEON: The -- the Juvenile Board is 4 the one that doesn't have the authority to specifically 5 enter into a contract with the public facility corporation. 6 It has authority to enter into contracts with political 7 subdivisions for the operation of the juvenile facility. 8 So, because they didn't have the authority to directly 9 contract with the public facility corporation, you couldn't 10 enter -- have them enter into the lease agreement directly 11 with the Hill Country -- Hill Country Juvenile Facility 12 Corporation; that would have been the preferred way to do 13 it, but the statutes don't permit that. And, for that 14 reason, because the statutes do permit you to enter into 15 contracts with the juvenile facility -- or, I'm sorry, with 16 the public facility corporation -- juvenile facility 17 corporation; that's the right name. And it also permits you 18 to enter into operating agreements, and the Juvenile Board 19 did enter into an operating agreement; that's where we're 20 going. It's sort of a two-step process. 21 JUDGE HENNEKE: Any other questions or 22 comments? If not, I'd entertain a motion to approve the 23 order as presented. 24 COMMISSIONER BALDWIN: And in the order and 25 the motion is all three of the items that he has discussed? 11-12-02 36 1 JUDGE HENNEKE: Yes, that's correct. 2 MR. SPURGEON: Yes, sir, they're all there. 3 COMMISSIONER BALDWIN: I move for approval. 4 COMMISSIONER GRIFFIN: Second. 5 JUDGE HENNEKE: Motion by Commissioner 6 Baldwin, second by Commissioner Griffin, that the Court 7 approve an order approving a lease agreement and operating 8 agreement relating to the Kerr County Juvenile Detention 9 Facilities Project, consenting to the execution and delivery 10 by the Hill Country Juvenile Facility Corporation of a trust 11 agreement, a mortgage, and security agreement, and to the 12 issuance of bonds by the corporation to refinance and 13 finance improvements to the Kerr County Juvenile Detention 14 Facility, and other necessary actions related thereto. Any 15 additional questions or comments? If not, all in favor, 16 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. 21 MR. SPURGEON: Thank you very much. 22 JUDGE HENNEKE: I don't see Franklin. Is he 23 coming for this? 24 MR. ODOM: No, sir, he's in San Antonio in a 25 seminar meeting for TACERA. He's secretary for the 11-12-02 37 1 association. 2 JUDGE HENNEKE: We'll go ahead, and I guess 3 someone else will speak on his behalf. Item Number 5, 4 consider a plat revision of Lot 9 and 10 of Horizon, Section 5 One. 6 MS. HARDIN: We got a letter from Domingues 7 just before court started, and he asked us to table that, 8 please. 9 JUDGE HENNEKE: All right. Well, we'll do 10 that, then. That takes care of that one. We have a time 11 for the opening of the bids at 10 o'clock, so we'll have to 12 come back to that. Let's go ahead and go to Item Number 7, 13 which is consider and discuss approval or rejection of the 14 2002 LLEBG grant. Sheriff? 15 SHERIFF HIERHOLZER: I believe y'all have a 16 copy of it; I don't have it with me. But this -- it's the 17 same grant, no matching funds. We get this grant each year. 18 At one time, it was $14,000, but then the Department of 19 Justice decided that us and the City needed to start 20 splitting it, so that's what we do. 21 COMMISSIONER WILLIAMS: I don't have a copy 22 of it. 23 SHERIFF HIERHOLZER: I don't have it. It's 24 right at $7,000. And there just has to be a public hearing 25 set for it, just to approve it all. We've already had a 11-12-02 38 1 little committee hearing on what it's going to be used for 2 and things like that. I just need a date for public hearing 3 for y'all. 4 COMMISSIONER GRIFFIN: Well, I move we 5 approve it and set a public hearing for -- suggestions? 6 MS. SOVIL: December 9? 7 JUDGE HENNEKE: That's less than 30 days. Do 8 we have to give 30 days notice on this one? 9 SHERIFF HIERHOLZER: Is it 14 on this one? 10 Fourteen days. 11 JUDGE HENNEKE: Okay. December the 9th at -- 12 do we have anything else on that day? 13 MS. SOVIL: Not yet. 14 JUDGE HENNEKE: Okay. December 9th at 15 10 o'clock. Is that your motion? 16 COMMISSIONER GRIFFIN: So moved. 17 COMMISSIONER BALDWIN: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Griffin, second by Commissioner Baldwin, that the Court 20 approve application for the 2002 LLEBG grant and set a 21 public hearing on same for 10 o'clock a.m. on Monday, 22 December the 9th, here in Kerr County Commissioners 23 Courtroom. Questions? 24 COMMISSIONER LETZ: Question is, do we 25 approve it now or approve it after the hearing? 11-12-02 39 1 JUDGE HENNEKE: Approve the application, I 2 believe. 3 SHERIFF HIERHOLZER: The application is 4 automatic; we just get notice of it each year now. 5 COMMISSIONER BALDWIN: Basically, we're 6 setting the date. 7 JUDGE HENNEKE: Well, I -- 8 SHERIFF HIERHOLZER: That's the way it's 9 written. 10 JUDGE HENNEKE: It said "approved," so I want 11 to approve something. 12 COMMISSIONER WILLIAMS: Approval is actually 13 the grant. 14 SHERIFF HIERHOLZER: Just setting a date for 15 the hearing. But, see, the application used to -- when we 16 first started this, I came to you and asked you if we could 17 apply for the grant, which was approving us applying for the 18 grant. Now, since we've been doing it for a number of 19 years, the application is kind of automatic by the 20 Department of Justice. We just have to make sure we submit 21 it with the City of Kerrville. 22 JUDGE HENNEKE: Okay. Let me restate the 23 motion, then. The motion is to approve the LLEBG -- LLEBG 24 grant and set a public hearing for 10 o'clock on December 9. 25 Any other questions or comments? If not, all in favor, 11-12-02 40 1 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 8, consider and discuss approval of contract with Kendall 7 County to board prisoners for Kendall County. 8 SHERIFF HIERHOLZER: This is the original. 9 County Attorney Motley has not signed that yet, but it is 10 exactly the same as the contracts we have with the other 11 counties. Kendall County had asked us a couple months ago 12 to house some of their inmates; they were getting 13 overcrowded, so we told them we would. At that time, I got 14 with their County Judge. They said fine, so we did the 15 contract, sent it over to their Judge, and everybody has 16 already signed that contract. We don't have any of their 17 inmates at this time, but it's just one of those where we 18 can have it on file in case it happens again. When they do 19 want us to house some, then we can. 20 COMMISSIONER LETZ: So moved. 21 COMMISSIONER BALDWIN: Second. 22 JUDGE HENNEKE: Motion by Commissioner Letz, 23 second by Commissioner Baldwin, that the Court approve 24 contract with Kendall County to board prisoners from Kendall 25 County in the Kerr County jail. Any questions or comments? 11-12-02 41 1 If not, all in favor, raise your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE HENNEKE: Opposed, same sign. 4 (No response.) 5 JUDGE HENNEKE: Motion carries. 6 SHERIFF HIERHOLZER: Thank you. 7 JUDGE HENNEKE: Thank you, Sheriff. Want to 8 do the constable now? Let's go on to Item Number 9, 9 consider and discuss appointment of constable for Precinct 10 Number 1. Commissioner Baldwin. 11 COMMISSIONER BALDWIN: Yes, sir. Due to the 12 recent elections, the voters choosing Mr. Pickens as the new 13 constable of Precinct 1, and due to the workload that 14 sometimes backs up in the J.P.'s office there, and us having 15 to ask other people for help, I thought that we'd just go 16 ahead and appoint Mr. Pickens to fill the unexpired term; 17 that is, through January -- December 31. And then, 18 January 1, I assume that he will be sworn in as the new 19 constable for a four-year term. So, my motion is that we 20 appoint Bobby Pickens to fill the unexpired term. 21 COMMISSIONER WILLIAMS: Second. 22 JUDGE HENNEKE: Motion by Commissioner 23 Baldwin, second by Commissioner Williams, that the Court 24 appoint Bobby Pickens to fill the unexpired term of 25 Constable, Precinct 1, which is through December 31st, the 11-12-02 42 1 year 2002. 2 COMMISSIONER BALDWIN: I -- Mr. Pickens, I 3 haven't spoken to you about this. I assume that it would be 4 all right for us to do this? 5 MR. PICKENS: Yes, sir. And, for correction, 6 it would be to be sworn in January 1st of 2003 to 7 December 31st of 2004. That's when we'd have to run for 8 office again. 9 JUDGE HENNEKE: Well, that's the term that 10 you just won, but we're appointing you for the time from 11 today until January 1st. 12 MR. PICKENS: Right. 13 COMMISSIONER BALDWIN: Right. 14 COMMISSIONER GRIFFIN: Just a quick technical 15 question. There's a bonding issue here that we might ought 16 to address -- 17 COMMISSIONER BALDWIN: Yes, sir. 18 COMMISSIONER GRIFFIN: -- in the same motion. 19 JUDGE HENNEKE: Well, he'll have to go get 20 bonded. There is money in the -- 21 COMMISSIONER GRIFFIN: There is money? 22 JUDGE HENNEKE: -- in the budget for 23 Constable, Precinct 1, for bond. Commissioner Baldwin made 24 sure that that was covered. So -- 25 COMMISSIONER BALDWIN: Everything's set. 11-12-02 43 1 He's going to have to office out in the yard for a couple of 2 months, but -- 3 COMMISSIONER LETZ: I thought we couldn't -- 4 is it different than -- I thought there was some issue about 5 how -- that we couldn't appoint constables. 6 COMMISSIONER BALDWIN: Well, the -- 7 COMMISSIONER LETZ: This is a -- 8 COMMISSIONER BALDWIN: This is a different 9 animal. 10 COMMISSIONER LETZ: Okay. 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. Go to work. 17 MR. PICKENS: Thank you. 18 (Laughter.) 19 MS. PIEPER: Excuse me, Judge. Who seconded 20 the motion? 21 JUDGE HENNEKE: Commissioner Williams did. 22 COMMISSIONER WILLIAMS: He'll be sworn? 23 JUDGE HENNEKE: He'll have to be sworn -- 24 have to get his bond, get sworn in. 25 COMMISSIONER BALDWIN: We can't do everything 11-12-02 44 1 for the guy. And it is -- and my motion, of course, is 2 effective today, immediately. 3 JUDGE HENNEKE: Correct. As soon as he 4 qualifies, he takes office. 5 COMMISSIONER BALDWIN: That's exactly right. 6 JUDGE HENNEKE: Let's go ahead and take up 7 Item 12 before we open the bids, which is consider and 8 discuss approval of lease agreement with the Arts and Crafts 9 Fair Foundation. I know Mr. Miller is anxious to -- anxious 10 may be not strong enough a word. 11 COMMISSIONER BALDWIN: Yeah, he's always a 12 little anxious. 13 JUDGE HENNEKE: Mr. Miller, can you come -- 14 let me say preliminarily that the Court is exercising its 15 authority, pursuant to the powers contained in Article -- 16 Section 320 of the Local Government Code, which the Court 17 specifically assumed at its last meeting with respect to 18 this 7.1, more or less, acre tract of land. 19 MR. MILLER: Good morning, Judge and 20 Commissioners. The draft of the lease agreement that is in 21 your hands this morning, the only change that has been made 22 from the original lease agreement that you were provided was 23 the removal of any reference to maintenance work by the 24 County, period. We just said we'd leave that out of the 25 lease and we'd negotiate on a case-by-case basis in the 11-12-02 45 1 future. 2 JUDGE HENNEKE: Does anyone have any 3 questions or comments? 4 COMMISSIONER GRIFFIN: I move we approve the 5 lease and authorize County Judge to sign same. 6 COMMISSIONER BALDWIN: I'll second it if he 7 promises me we're going to have bluegrass music out there 8 twice a week at noon. 9 MR. MILLER: What time, sir? 10 COMMISSIONER BALDWIN: Twelve noon. 11 MR. MILLER: I'll do my best. 12 JUDGE HENNEKE: Motion by Commissioner 13 Griffin, second by Commissioner Baldwin, that the Court, 14 under the authority granted in Section 320 of the Texas 15 Local Government Code, approve a lease between the County 16 and the Texas Arts and Crafts Educational Foundation, Inc., 17 for approximately 7.18 acres of land fronting on State 18 Highway Number 27 and adjoining the Kerr County Agricultural 19 Facility, more particularly described in the lease. Any 20 questions or comments? If not, all in favor, raise your 21 right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE HENNEKE: Opposed, same sign. 24 (No response.) 25 JUDGE HENNEKE: Motion carries. 11-12-02 46 1 MR. MILLER: Thank you, gentlemen. Did you 2 get a legal description back there? 3 JUDGE HENNEKE: Yes. Yes. 4 MR. MILLER: Okay. I wanted to make sure. 5 Thank you, gentlemen. 6 JUDGE HENNEKE: Thank you. Okay. What do we 7 want to do next? We're picking these off before -- 8 COMMISSIONER GRIFFIN: 13? 9 JUDGE HENNEKE: No, let's go back and let's 10 do 10 -- okay, let's go ahead and do 13, consider and 11 discuss approval of contract between Kerr County and the 12 Kerr County Soil and Water Conservation District, and 13 authorize County Judge to sign same. The contract is part 14 of our packets. Anyone have any questions or comments 15 regarding the contract? 16 COMMISSIONER BALDWIN: Move for approval. 17 COMMISSIONER WILLIAMS: Second. 18 JUDGE HENNEKE: Motion by Commissioner 19 Baldwin, second by Commissioner Williams, that the Court 20 approve the contract between Kerr County and the Kerr County 21 Soil and Water Conservation District, and authorize the 22 County Judge to sign same. Any questions or comments? If 23 not, all in favor, raise your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE HENNEKE: Opposed, same sign. 11-12-02 47 1 (No response.) 2 JUDGE HENNEKE: Motion carries. Item Number 3 14, consider and discuss approval of paying the election 4 judges, alternates, and clerks for their service performed 5 in the General Election. Jannett Pieper. 6 MS. PIEPER: Gentlemen, I just brought this 7 before the Court so that we could get the judges and 8 alternates paid in a timely manner, rather than making them 9 have to wait until our next court date. 10 COMMISSIONER WILLIAMS: That's it? 11 MS. PIEPER: That's it. 12 COMMISSIONER WILLIAMS: So moved. 13 COMMISSIONER BALDWIN: Second. 14 JUDGE HENNEKE: Motion by Commissioner 15 Williams, second by Commissioner Baldwin, that the Court 16 authorize payment of the election judges, alternates, and 17 clerks for their service performed in the recent General 18 Election. Any questions or comments? If not, all in favor, 19 raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Jannett, how 24 did it go? 25 MS. PIEPER: Very well. 11-12-02 48 1 JUDGE HENNEKE: I will say that I was very 2 pleasantly surprised by how early voting went. Did you get 3 any -- 4 MS. PIEPER: I got a lot of good comments on 5 the location, because people were able to come and do their 6 car tags and pay their taxes; at the same time, they were 7 able to come down and vote. So -- and the location, they 8 said, was great. 9 COMMISSIONER WILLIAMS: What was the final 10 tally on early voting, Jannett? 11 MS. PIEPER: I have seen so many figures 12 since then -- I think it was around 5,700 something. I'm 13 not real sure. 14 COMMISSIONER BALDWIN: Well, as you know, I 15 sometimes act as a hall monitor at the courthouse, and I 16 directed a lot of folks down there to vote, and I -- I 17 actually stopped and asked some of them, "Was that a nice 18 experience for you?" And everyone enjoyed it very much. 19 And I commend Commissioner Letz for his foresight and good, 20 general knowledge. 21 MS. PIEPER: It made it much easier on my 22 staff, as well, because that way every night we could just 23 load the ballot boxes and ballots on the little cart and 24 just pull them up and lock them up in our election room. 25 COMMISSIONER WILLIAMS: Turned out good. 11-12-02 49 1 JUDGE HENNEKE: And well done. When we read 2 about the problems at certain other areas of the state, 3 we're just glad we're here. Okay. At this time -- 4 COMMISSIONER LETZ: Did we vote on that? 5 JUDGE HENNEKE: Yeah, we voted on that. 6 COMMISSIONER LETZ: Okay. 7 JUDGE HENNEKE: Yeah, we voted. 8 MS. PIEPER: Yes. 9 JUDGE HENNEKE: At this time, let's go ahead 10 and gather up the bids on the road grader, and we'll take 11 action on those here very shortly. Do you have any other 12 bids, or is this the only one we have? 13 MR. ODOM: There was supposed to be another 14 bid. 15 COMMISSIONER WILLIAMS: What number is the 16 road grader? 17 JUDGE HENNEKE: Let's call up Item Number 6, 18 which is opening of sealed bids for the lease of the motor 19 grader. I have been presented with one bid. 20 (Discussion off the record.) 21 JUDGE HENNEKE: Without any objection, I'm 22 going to go ahead and open the bid. The bids were to be 23 turned in to the County Clerk by 5 o'clock last Friday, so 24 any bids that were -- would be received at this time are not 25 timely. Bid form for lease of motor grader with scarifier. 11-12-02 50 1 This is from Holt, and the amount of the bid is $77,550. 2 That's a five-year lease at $1,280 per month, plus a 3 guaranteed repair expense of $750, for a total of $77,550. 4 At this time, I would entertain a motion to refer the bid to 5 Road and Bridge Department for evaluation and 6 recommendation. 7 COMMISSIONER GRIFFIN: So moved. 8 COMMISSIONER BALDWIN: Second. 9 JUDGE HENNEKE: Motion by Commissioner 10 Griffin, second by Commissioner Baldwin, that the Court 11 accept the bids from Holt Equipment for motor grader and 12 refer same to the Road and Bridge Department for evaluation 13 and recommendation to the Commissioners Court. 14 COMMISSIONER BALDWIN: Judge, we're probably 15 going to be here a few more minutes. I mean, do you think 16 that -- 17 MR. ODOM: I would accept it. I'm ready to 18 go. 19 COMMISSIONER BALDWIN: You're ready to go 20 with it? He's ready for approval. 21 JUDGE HENNEKE: He needs to look at it to 22 make sure that it meets -- 23 MR. ODOM: I think I made them put it down as 24 such, that we were going to have enough time to look at it. 25 We sent some out -- 11-12-02 51 1 JUDGE HENNEKE: Road and Bridge Department 2 needs to look at it and make sure that the equipment that's 3 been proposed meets the specification. So, at this time, if 4 they want to come back to us today while we're still here, 5 we'll be happy to -- well, I don't know if we can or not, 6 looking at the agenda item. 7 COMMISSIONER LETZ: We can take a break and 8 -- well -- 9 JUDGE HENNEKE: But the agenda item doesn't 10 call for approval. 11 COMMISSIONER LETZ: Oh. 12 JUDGE HENNEKE: All in favor of referring the 13 bid to Road and Bridge Department, raise your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE HENNEKE: Opposed, same sign. 16 (No response.) 17 JUDGE HENNEKE: Motion carries. At this 18 time, I think I'd be in favor of taking a little break. 19 We'll take a break at this time and return at 10:15. 20 (Recess taken from 10:01 a.m. to 10:15 a.m.) 21 - - - - - - - - - - 22 JUDGE HENNEKE: All right. Let's reconvene 23 this regular session of the Kerr County Commissioners Court. 24 Next item for consideration is Item Number 10, consider and 25 discuss for information purposes Kerrville South Wastewater 11-12-02 52 1 Project status report as of October 29, Year 2002, and a 2 notice to proceed in the Oak Grove M.H.P. issued to the 3 contractor. Commissioner Williams. 4 COMMISSIONER WILLIAMS: Just kind of an 5 F.Y.I., Judge. I attended a lot of -- a lot of summits 6 going on, but I attended one that's a little unusual here. 7 We got together with the grant people and the engineering 8 people and U.G.R.A. people and discussed the project, 9 wastewater -- Kerrville South Wastewater Project status as 10 of the 29th of October, and all I want to do is present this 11 to the Court as an F.Y.I., so you know exactly where we 12 stand. There has been, in the past, some confusion about 13 what we have applied for, what has been funded, and what 14 it's being used for, so I asked the Grantworks folks to put 15 together for us, hopefully, an understandable spreadsheet in 16 terms of what moneys we have, what moneys we've applied for, 17 and what moneys are pending and what moneys we hope to 18 attract for the project. And they have done that. And 19 it -- also accompanying that spreadsheet is a map of the 20 area, which details where the money is being spent and the 21 number of units. The units are identified in terms of -- of 22 where the money is being spent and what work is going on. 23 There is work currently under way. The 24 engineer has given the contractor, Compton Associates, I 25 believe it is -- Enterprises, an approval to move forward. 11-12-02 53 1 Pipes are being put in the ground even as we speak. I think 2 it's important to know exactly what we do or are doing. 3 '01 -- 2001 Colonia grant, which the target area is for Oak 4 Grove Mobile Home Park, that was awarded to the Court -- or 5 the County for a half a million dollars, and U.G.R.A. put up 6 a match of $75,000, and all that contract work is underway. 7 We have another grant for a quarter million for 2002, 8 Community Development Grant. It has been funded. 9 Engineering is in the preliminary stages, and work is 10 supposed to begin in spring of '03 on that. We have an 11 '03-'04 Community Development Grant which would propose to 12 take us from Ranchero Road at 16 down to Contour -- to 13 Contour and Ranchero. Those funds are pending; should be 14 available '03-'04 in the spring. That's a quarter of a 15 million dollar grant, and the match for that from U.G.R.A. 16 has been 12,5, and that's been approved by them. 17 The last one that the Court authorized was 18 the '03 Colonia, which would deal with the remainder of the 19 Loyal Valley area. Proposed funds there on the Colonia 20 grant would be a half million dollars. The match required 21 would be $70,000, and U.G.R.A. will take up that issue in 22 terms of its funding. They'd already approved $55,000 for 23 that, and so they will need to take another look at another 24 $15,000. And if they approve that, that increases our 25 scoring by about 10 points, enabling us to get up, we 11-12-02 54 1 believe, into the funding range. We missed the funding 2 range in the initial application. You'll remember, we 3 reapplied. We missed the funding range by about three 4 applications. I think they funded 14 and we came in at 17. 5 If we have that extra match, that puts us -- gives us 6 another 10 points, and should assure funding for that 7 particular one. So, that's kind of where it is. This just 8 outlines exactly where the dollars are, what they were 9 funded for, and the uses. The map shows you where the 10 moneys are being spent, and as we work our way down toward 11 Camp Meeting Creek. I thought the Court would find that 12 interesting to have an update on that. 13 COMMISSIONER LETZ: Thank you. 14 JUDGE HENNEKE: Anyone have any questions or 15 comments on the update as to the Kerrville South Wastewater 16 Project? Thank you, Commissioner. 17 COMMISSIONER BALDWIN: Very good. 18 JUDGE HENNEKE: Item Number 11, consider and 19 discuss and take appropriate action on an Easement Agreement 20 between Riverhill Country Club, Inc., and the City of 21 Kerrville, of which Kerr County is a party in interest due 22 to construction of the Rolling Green Sewer Bypass, which is 23 a part of the Kerrville South Sewer Project. Commissioner 24 Williams. 25 COMMISSIONER WILLIAMS: This particular 11-12-02 55 1 easement has been in the development and scrutiny phase for 2 some time. It is a part of -- of this project, because part 3 of the project requires building a -- constructing a bypass 4 to the Rolling Green -- the City's lift station so they can 5 take the increase in effluent unto their trunk line on 6 Bandera Highway. Doing it this way, by taking out the 7 Rolling Green station, saves the project considerable money, 8 as opposed to taking the line up over the top of the hill by 9 the old Schofield girls' school up on top. So, a local 10 attorney had drafted this. I presented it to the County 11 Attorney for his review. County Attorney had significant 12 questions about the language. We might ask Mr. Motley if he 13 would address the Court and tell us whether these problems 14 have been ironed out so we can go ahead and approve this and 15 get it out of the way. 16 MR. MOTLEY: Well, we made the -- we had 17 concerns -- or I had concerns about the really apparent 18 discrepancies within the body of the easement agreement 19 itself. It indicates early on in the -- the easement that 20 the intent overall is for Kerr County to be responsible for 21 construction -- the construction contract portion of the 22 project as it crosses the country club property, and that 23 after that, the City, which is referred to in this document 24 as the Grantee, would be responsible for the upkeep, 25 maintenance, et cetera. And it said in the agreement on the 11-12-02 56 1 very first page that once the contract for construction was 2 completed, or on a date certain -- a specific date certain, 3 that Kerr County was no longer a party to the contract, or 4 to the agreed -- to the agreement or the easement, which was 5 fine. But yet, then it went in about six or seven other 6 places and had instances included in the easement where Kerr 7 County would be held liable for damage or harm that occurred 8 after they were no longer a party to the agreement, by the 9 terms, and had liability -- or the requirement that we hold 10 parties harmless for activity not related to construction, 11 as it related to use and maintenance of the thing. 12 And so I thought, well, if -- if the intent 13 of the agreement is that we build it and we're out of it, 14 let's make it that way, and so that's what I communicated to 15 Commissioner Williams, and I've also talked to David Jackson 16 a couple times. He sent over a new agreement, and the new 17 agreement really only corrects one of those multiple 18 references. And I -- I left voice mail with him that I'd 19 like to see either a more global statement in the 20 easement -- my real preference is just to quit saying in 21 here that Kerr County is responsible for something if 22 somebody is injured by faulty maintenance of this -- this 23 line. Then I -- if that's the responsibility of the City, 24 and that's as it's intended to be, then that's what I'd like 25 to see happen. I'd like to have them take Kerr County out 11-12-02 57 1 of that if we're not supposed to be responsible. And, so, 2 it really hadn't -- I wouldn't say it was quite done yet, 3 but it's very close. And I've left voice mail with David, 4 and I think probably this is something that can be done very 5 shortly. And I do know that this is urgent on the time 6 frame, so as soon as David gets it to me, I believe we can 7 present it to the Court for signing. 8 COMMISSIONER LETZ: Did the City hire David 9 to do it? 10 MR. MOTLEY: I think David's representing the 11 country club. 12 COMMISSIONER LETZ: Oh, representing 13 Riverhill. 14 MR. MOTLEY: 'Cause my -- Michael Hayes 15 called about it, and I returned his call, but he's 16 representing the City on it. But, again, I don't really 17 know what to say, other than I feel like that if we're out 18 of it, let's be out of it. And if -- you know, and I -- I 19 even told him, I said, look, if there's something -- there's 20 an issue that arises that there was a faulty action taken -- 21 there was a faulty action taken in the construction, then 22 Kerr County would certainly be amenable to a lawsuit, just 23 like anybody else. I mean, they sue us and we'll defend 24 ourselves if they say we did something negligent during the 25 construction phase, but I don't think Kerr County ought to 11-12-02 58 1 be holding the City or anybody else harmless for anything 2 that occurs outside of construction and outside of this time 3 frame, and so I feel like I'm going to stick to my guns on 4 that. 5 COMMISSIONER WILLIAMS: So, you would be 6 comfortable with -- if we brought this back on the 25th for 7 action; is that correct? 8 MR. MOTLEY: Well, do you have a copy of -- 9 COMMISSIONER WILLIAMS: I have a copy of what 10 was sent in the mail. I'm not sure it's the latest. 11 MR. MOTLEY: Yeah, it is. It is. And what 12 I'm referring to specifically, Commissioner, is on Page 4, 13 the very end of that top paragraph, which would be Paragraph 14 A; it's carried over from the previous page. 15 COMMISSIONER WILLIAMS: Yes, sir. 16 MR. MOTLEY: One sentence, and this is one of 17 the six or seven occurrences. It says, "The liability of 18 Kerr County hereunder shall be limited to the period of 19 construction and shall not extend to the period after 20 completion of construction and assignment by Kerr County of 21 its rights hereunder to Grantee." Again, I'd like this to 22 be set apart in a completely -- it makes no sense for me to 23 say Kerr County is legally responsible -- liable to have to 24 hold somebody harmless, and then come back and say no, they 25 don't. Why not just take it out in the first place? So 11-12-02 59 1 that's -- 2 COMMISSIONER WILLIAMS: You want that 3 removed? Is that what you're saying? 4 MR. MOTLEY: Either removed, or I'd like to 5 have that paragraph at the end of every place where I think 6 that we have inconsistent provisions. Because the idea is, 7 once we build it, we're out of it, except for something that 8 comes up with the construction later. 9 COMMISSIONER WILLIAMS: Have you conveyed 10 these thoughts to Mr. Jackson? 11 MR. MOTLEY: Sure have. 12 COMMISSIONER WILLIAMS: All right. I'll put 13 it back on the agenda for the 25th. 14 MR. MOTLEY: I think we'll probably have 15 something real quick. If need be, I think I might be able 16 to scan this and -- and make the change myself and send it 17 to him for approval, if that might help. 18 COMMISSIONER WILLIAMS: Whatever will get it 19 done. 20 MR. MOTLEY: I want to get it done. So, 21 that's my comments on it. 22 COMMISSIONER WILLIAMS: Thank you. 23 JUDGE HENNEKE: Okay. 24 COMMISSIONER WILLIAMS: We'll pull it. 25 JUDGE HENNEKE: We'll bring this back at such 11-12-02 60 1 time as we have the final document for presentation. 2 COMMISSIONER WILLIAMS: Okay. 3 JUDGE HENNEKE: Next item is Item Number 15, 4 canvass of the 2002 General Election, per Texas Election 5 Code. County Clerk, Jannett Pieper. 6 MS. PIEPER: Judge, I believe in your -- the 7 backup, you have the totals that was taken out of our -- 8 from our printouts. And then I'd also put up a list of all 9 the write-ins, and you'll just need to call those out and 10 approve them. 11 JUDGE HENNEKE: All right. Who -- who wants 12 to do the calling? 13 COMMISSIONER LETZ: Go ahead, Judge. 14 JUDGE HENNEKE: All right. I'll call off the 15 book. Do you want to tell me if there's any discrepancies? 16 United States Senator: John Cornyn, 10,884. 17 Ron Kirk, 2,997. Scott Lanier Jameson, 130. Roy H. 18 Williams, 52. James W. "Jim" Wright, who was the write-in, 19 11. 20 Unites States Representative: Lamar Smith, 21 11,349. John Courage, 2,477. D.G. Roberts, 184. 22 Governor: Rick Perry, 11,152. Tony Sanchez, 23 2,726. Jeff Daiell, 187. Rahul Mahajan, 64. Elaine 24 Henderson, a write-in, 15. And Earl W. "Bill" O'Neill, also 25 write-in, 23. 11-12-02 61 1 Lieutenant Governor: David Dewhurst, 10,278. 2 John Sharp, 3,635. Mark David Gessner, 158. Nathalie 3 Paravicini, 77. 4 Attorney General: Greg Abbott, 10,949. Kirk 5 Watson 2,824. John Roland, 175. David Keith Cobb, 93. 6 Comptroller of Public Accounts: Carole 7 Keeton Rylander, 11,703. Marty Akins, 2,139. Bowie Ibarra, 8 128, Ruben L. Reyes, 103. 9 Commissioner of General Land Office: Jerry 10 Patterson, 10,465. David Bernsen, 2,879. Barbara 11 Hernandez, 347. Michael McInerney, 133. 12 Commissioner of Agriculture: Susan Combs, 13 11,104. Tom Ramsay, 2,493. Vincent J. May, 186. Jane 14 Woodward, 166. 15 Railroad Commissioner: Michael Williams, 16 10,496. Sherry Boyles, 3,017. Nazirite R. Flores Perez, 17 187. Charles L. Mauch, 129. 18 Chief Justice, Supreme Court: Tom Phillips, 19 10,961. Richard G. Baker, 2,638. Eugene J. Flynn, 2,028. 20 MS. PIEPER: 228. 21 JUDGE HENNEKE: I'm sorry, 228. Thank you. 22 Justice, Supreme Court, Place 1: Michael Schneider, 10,651. 23 Linda Yanez, 2,727. Quanah Parker, 366. 24 Justice, Supreme Court, Place 2: Dale 25 Wainwright, 10,709. Jim Parsons, 2,785. Brad Rockwell, 11-12-02 62 1 187. 2 Justice, Supreme Court, Place 3, an unexpired 3 term: Wallace B. Jefferson, 10,697. William E. Moody, 4 2,882. 5 Justice, Supreme Court, Place 4, unexpired 6 term: Stevhen Wayne Smith, 10,132. Margaret Mirabal, 7 3,499. 8 Judge, Court of Criminal Appeals, Place 1: 9 Tom Price, 10,862. John W. Bull, 2,447. Stephan Kinsella, 10 224. Robert C. Owen, 161. 11 Court of Criminal Appeals, Place 2: Paul 12 Womack, 10,744. Pat Montgomery, 2,854. 13 Court of Criminal Appeals, Place 3: Cathy 14 Cochran, 11,004. J.R. Molina, 2,425. Ollie Ruth Jefferson, 15 219. 16 Member, State Board of Education, District 1: 17 Trini Munoz, 9,928. Rene Munoz -- Rene Nunez, 2,662. 18 Catherine F. Harrell, 899. 19 State Senator, District 24: Troy Fraser, 20 11,327. Steve Kirby, 1,200. 21 State Representative, District 53: Harvey 22 Hilderbran, 11,805. James E. Harrell, 10,063. 23 COMMISSIONER WILLIAMS: 1,063. 24 JUDGE HENNEKE: 1,063, thank you. Chief 25 Justice, Fourth Court of Appeals: Paul W. Green, 10,760. 11-12-02 63 1 Alma L. Lopez, 2,856. 2 Justice, Fourth Court of Appeals, unexpired 3 term: Sandra Byron -- Sandee Bryan Marion, 11,365. 4 District Judge, 188th -- 198th District: 5 Emil Karl Prohl, 11,765. 6 County Judge: Pat Tinley, 11,657. 7 Judge, County Court at Law: Spencer Brown, 8 11,621. 9 District Clerk: Linda Uecker, 11,862. 10 County Clerk: Jannett Pieper, 11,814. 11 County Treasurer: Barbara Nemec, 11,762. 12 County Surveyor: Lee Voelkel, 11,770. 13 J.P. 1: Vance Elliott, 3,405. 14 J.P. 2: Dawn Wright, 2,987. 15 J.P. 3: Kari Ingram O'Dell, 1,946. 16 J.P. 4: Bill Ragsdale, 3,295. 17 County Commissioner Number 2: Bill Williams, 18 2,966. 19 County Commissioner Number 4 -- I don't have 20 a total. 21 COMMISSIONER WILLIAMS: 3,250. 22 JUDGE HENNEKE: Is that correct? 23 MS. PIEPER: That's correct, sir. 24 JUDGE HENNEKE: County Commissioner Number 4: 25 Dave Nicholson, 3,250. 11-12-02 64 1 Constable, Precinct Number 1, unexpired term: 2 Robert A. "Bobby" Pickens, 2,528. Mark Myers -- 3 MS. PIEPER: I think that should be 2,528. 4 JUDGE HENNEKE: 2,528 is what I have. 5 MS. PIEPER: Okay, I'm sorry. I 6 misunderstood you. 7 JUDGE HENNEKE: Mark Myers is a write-in, 8 1,077. 9 Constitutional Amendment Number 1: In favor, 10 8,941. Opposed, 1,624. 11 Do I have a motion to approve the official 12 canvass of the votes of the November 5 election? 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER LETZ: Second. 15 JUDGE HENNEKE: Motion by Commissioner 16 Baldwin, second by Commissioner Letz, that the Commissioners 17 Court officially approve the canvass of votes of the 18 November 5th, Year 2002, election. All in favor, raise your 19 right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: Okay. We'll pass around the 22 book. 23 COMMISSIONER BALDWIN: I tell you who I am 24 proud of, and that's our County Surveyor. That son of a gun 25 got 11,000 votes. I'm telling you what, bud. 11-12-02 65 1 COMMISSIONER GRIFFIN: Once again, Judge, if 2 I may, I'd just like to congratulate Jannett on a greatly 3 run -- great run election. 4 MS. PIEPER: Thank you. But I could not do 5 it, though, without all my staff. 6 COMMISSIONER GRIFFIN: Yeah. Well, and 7 please pass that on to all of them. 8 MS. PIEPER: Yeah. 9 JUDGE HENNEKE: Court will next take up Item 10 Number 16, which is consider and discuss sexual harassment 11 complaint and any disciplinary action related thereto. 12 We'll take up this item in Executive Session. The action 13 pursuant to this item will be in open session following the 14 Executive Session. So, all of you who are not cordially 15 invited to Executive Session may depart, please. 16 (The open session was closed at 10:37 a.m., and an Executive Session was held, the 17 transcript of which is contained in a separate document.) 18 - - - - - - - - - - 19 JUDGE HENNEKE: The Court having considered 20 the sexual harassment complaint, let's now return to open 21 session. Is there any action necessary as a result of the 22 Executive Session? 23 MS. NEMEC: Do we need to turn the mics back 24 on? 25 COMMISSIONER GRIFFIN: Oh. 11-12-02 66 1 (Microphones turned on.) 2 COMMISSIONER GRIFFIN: Well, I think we have 3 to say that the -- that the Commissioners Court has 4 discussed the fairness and partiality of the investigation, 5 and I believe that -- and I don't know whether this takes a 6 motion, per se, but I think we can -- I think we can say 7 that the Court has accepted that there was a fair and 8 impartial investigation conducted, and that the facts as we 9 know -- or the facts that were presented certainly indicate 10 that there was some thoroughness to that investigation, and 11 that -- that I would make the motion that the determination 12 of -- of any outcome of that should be referred to the 13 department head, and that such action, up to and including 14 dismissal of the employee involved, is within his bound of 15 authority and responsibility. And that -- but that the 16 Court attests that we have accepted -- and this is the 17 motion I would make, Judge, is that -- that we accept the 18 fairness and impartiality of the investigation as conducted. 19 COMMISSIONER LETZ: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Griffin, second by Commissioner Letz, that the Court accept 22 the investigation into the sexual harassment complaint as 23 appropriate and impartial, and finds that no further 24 investigation is necessary. Any questions or comments? If 25 not, all in favor, raise your right hand. 11-12-02 67 1 (The motion carried by unanimous vote.) 2 JUDGE HENNEKE: Opposed, same sign. 3 (No response.) 4 JUDGE HENNEKE: Motion carries. Unless 5 someone has anything else, that concludes our business 6 today, gentlemen. 7 COMMISSIONER BALDWIN: What about Leonard 8 buying lunch? Did you -- 9 JUDGE HENNEKE: Well that was -- your buying 10 lunch, isn't that part of the motion? 11 (Discussion off the record.) 12 JUDGE HENNEKE: We stand adjourned. 13 (Commissioners Court adjourned at 11:17 a.m.) 14 - - - - - - - - - - 15 16 17 18 19 20 21 22 23 24 25 11-12-02 68 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 County Clerk of the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 15th day of November, 8 2002. 9 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 11-12-02