1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, December 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 December 23, 2002 2 PAGE --- Commissioners Comments 3 3 1.1 Pay Bills 11 1.2 Budget Amendments 11 4 1.3 Late Bills 19 1.4 Approve and Accept Monthly Reports 19 5 6 2.1 Revisions to the Interlocal agreement between Kerr County and the U.G.R.A. for the Kerrville 7 South Wastewater Project 20 8 2.2 Award Bid for lease of new wheel loader, authorize County Judge and County Attorney to 9 sign same 32 10 2.3 Award bid for reconstruction, Sheppard Rees Road 33 11 2.4 Approval of appointment of election staff for the bond election as per Texas Election Code 36 12 2.5 Purchase of 12' x 24' portable office building 13 for the HCYEC manager and events booking agent 37 14 2.6 Ratify Resolution for Guadalupe County Judge James E. "Jim" Sagebiel 41 15 2.7 Approve bonds of newly elected officials 42 16 2.8 Approval of Mutual Aid Agreement for Regional 17 Councils of Government, authorize County Judge to sign same 44 18 2.9 Ratify Resolution in recognition of Calvin R. 19 Weinheimer 46 20 --- Adjourned 57 21 22 23 24 25 3 1 On Monday, December 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, everyone. It's 8 9 o'clock in the morning on Monday, December 23rd. Merry 9 Christmas to each and every one of you. Let's reconvene 10 this Kerr County Commissioners Court for the last time this 11 year. I believe, Commissioner Griffin, you're up this 12 morning. 13 COMMISSIONER GRIFFIN: Yes. Please stand, if 14 you will, and join me in a moment of silent prayer in this 15 very special time of year, to be followed by the pledge of 16 allegiance. 17 (Prayer and pledge of allegiance.) 18 JUDGE HENNEKE: At this time, any citizen 19 wishing to address the Court on an item not listed on the 20 regular agenda may come forward and do so. Is there any 21 citizen who'd like to address the Court on an item not 22 listed on the regular agenda? Seeing none, we'll turn to 23 the Commissioners' comments. We'll start with Commissioner 24 Griffin. 25 COMMISSIONER GRIFFIN: Yes. Congratulations 12-23-02 4 1 to the Bandera football team. 2 COMMISSIONER BALDWIN: Right. Very good. 3 COMMISSIONER GRIFFIN: Winning the state 4 championship. It's just -- they're in the right district. 5 It's just too bad it wasn't Ingram. But, great season for 6 them, and I think we all owe them our congratulations. 7 That's all. 8 JUDGE HENNEKE: Commissioner Baldwin? 9 COMMISSIONER BALDWIN: I echo that. That's 10 on my notes here, congratulations to the Bandera Bulldogs, 11 state champions. First time in history in any sport. And 12 Jesse and I went over there Friday night to their community 13 pep rally, and it was -- it was so much fun. I mean, this 14 small town stuff is just -- it don't get any better than 15 that, buddy. It was fun. So, I want to remind everybody 16 that today is the Christmas courthouse luncheon, 12 noon -- 17 11:30 -- 11 o'clock. 18 JUDGE HENNEKE: 11 o'clock. 19 COMMISSIONER BALDWIN: 11 o'clock. 20 COMMISSIONER WILLIAMS: Let's just move it up 21 to 9:00, make it breakfast. 22 COMMISSIONER BALDWIN: Deep-fried -- we're 23 having deep-fried turkey for breakfast at 8:30. 11 o'clock. 24 Actually, I knew that. I was just testing you guys to see 25 if y'all were up on it. But, anyway, that's today. And 12-23-02 5 1 then I wanted to remind everyone that on January 1, at 2 10 a.m., we will have a -- the swearing-in ceremony 3 upstairs. I think there is -- I don't know, six or eight 4 newly-elected officials, or elected officials that will be 5 sworn in up there January 1, 10 a.m., and everybody's 6 welcome to come to that. Last, but not least, I want to say 7 thank you to Judge Henneke and Commissioner Griffin for your 8 hard work on the Commissioners Court. I remember -- I 9 remember that years ago, the Commissioners Court here, and 10 almost everywhere you go across the state, was always in a 11 crisis control mode. I mean, everything -- you get together 12 to try to fix things that have exploded throughout the 13 county system, and -- and it's kind of fun. It was 14 certainly a challenge, but it was mostly uncomfortable. My 15 point is, it's not that way any more here, and I think it's 16 due to the attitude that you guys took on when you first 17 came in of being proactive. Just those two words, 18 pro-active, on all issues that come before the county. And 19 just by doing that, I think Kerr County government has 20 turned the corner of conducting business in the way it 21 should be. And, plus, I want to say thank you to you two 22 guys for working right up to the last minute, and both of 23 you have been very helpful to all of us, I'm sure, 24 especially me, right through the last minute of your term, 25 and I want to say thank you, and I appreciate you guys doing 12-23-02 6 1 that. That's all. 2 COMMISSIONER GRIFFIN: Thank you. 3 COMMISSIONER BALDWIN: If I talk any more, 4 I'm going to start crying, so -- 5 JUDGE HENNEKE: Commissioner Williams? 6 COMMISSIONER WILLIAMS: Well, I'll echo the 7 sentiments earlier expressed about the Bandera Bulldogs. 8 That's great, particularly for a town that focuses, as most 9 small towns do, on their school system and their school, so 10 I offer our congratulations to them. I want to save my 11 comments regarding the Court to the end of the session, but 12 I do want to talk just for a moment about the airport and 13 the Airport Advisory Board and the Airport Manager. Most 14 everybody knows the Airport Manager, Megan Caffall, has 15 resigned, taken a position with TexDOT in its Airport 16 Division. We wish her well in her new endeavor. She did a 17 very good job for the City of Kerrville and Kerr County. 18 The question comes -- and we asked -- the Judge had asked 19 me; I said I would look into it, as to the replacement 20 for -- the replacement and replacement process for a new 21 Airport Manager. So, I inquired, and temporarily Paul 22 Knippel, the City's engineer for facilities and so forth, 23 responded, and he indicated that the advertisement for the 24 position will be initiated this week, I believe. In the 25 meantime, he's accepting inquiries from prospects and so 12-23-02 7 1 forth and so on. 2 I had an opportunity to bump into the new 3 chair of the Airport Board, Dr. John Davis, and he asked my 4 opinion on several matters, and he has written to the -- to 5 the City Manager, Ron Patterson, about this. I'm not going 6 to read the letter, but the sense of the letter is that he 7 believes, and I concur with him, that the Airport Manager's 8 position should be full-time, not part-time, not shared by 9 -- within the city structure with other functions. The 10 airport has grown to the point that it requires almost 11 full-time attention, and the new Airport Director should 12 probably be a full-time employee, and not split time doing 13 other things, and that that position should be covered in 14 the airport budget in the future and divided equally between 15 the County and the City. So, that brings you up-to-date on 16 that process. We don't have a new one yet, but we should 17 have one -- he also believes that -- Dr. Davis does -- that 18 the County needs to have an input into the selection 19 process. 20 JUDGE HENNEKE: Okay. Jonathan? 21 COMMISSIONER LETZ: That was a lot for the 22 end of the year. 23 COMMISSIONER WILLIAMS: For having nothing, 24 that's a lot. 25 COMMISSIONER LETZ: Just two comments. One, 12-23-02 8 1 I met with TexDOT and engineers and Road and Bridge on 2 Hermann Sons, and we're going to have a low -- I guess an 3 alignment for the bridge by the first of the year, which is 4 progress. I mean, we at least know where we're going to go 5 exactly. That will not be changed after that date. The 6 last thing, really, we're waiting on is to talk to the 7 County Attorney to make -- on some right-of-way issues, 8 assuming we go through condemnation, which I believe we 9 probably will. But, anyway, it's moving forward, and I 10 think probably most of the Court saw what we got back from 11 TexDOT kind of saying that, yes, the bridge is a high 12 priority. And I've talked to Congressman Smith's office, 13 and he is in the process, I believe, of writing a letter to 14 TexDOT, putting a little extra punch behind it. He thinks 15 this is an important project, and hopefully funding comes 16 through as scheduled or before schedule. The other thing -- 17 last thing I have to say is, I echo what Buster said; I 18 thank Judge Henneke and Commissioner Griffin. Enjoyed 19 working with y'all. Y'all accomplished a lot. We 20 accomplished a lot. And you'll be missed. 21 COMMISSIONER GRIFFIN: Thank you. 22 JUDGE HENNEKE: Thank you. Couple things I'm 23 going to say right now. I may have some things to say 24 later. In keeping with the tradition we've established here 25 of recognizing excellence among County employees, I want to 12-23-02 9 1 point out that Mike Lindemann at the Kerr County Juvenile 2 Detention Center was named the Detention Center Supervisor 3 of the Year by the Texas Juvenile Probation Commission at 4 their annual meeting. Mike is no longer at the Detention 5 Center. He purchased a -- a detention center in Rockdale 6 and has moved on to become the owner and operator of that, 7 or is in the process of that, but I think it's a tribute not 8 only to Mike, but to Tanna Brown and the staff at the 9 Juvenile Detention Center, that not only is the center 10 recognized as probably the finest juvenile detention center 11 in the state, because of the quality of the programs they 12 offer out there, but one of the individuals under her 13 leadership has been recognized as the Detention Center 14 Supervisor of the Year. I think that's a noteworthy 15 accomplishment. 16 I also want to congratulate the Kerr County 17 Historical Commission on the near completion of the Union 18 Church. The Union Church has been a project of the 19 Historical Commission since I took office, and they're now 20 in the position where they're going to have a service 21 tomorrow at 3 o'clock, which will be 145 years since the 22 first service. First service was Christmas Eve, 1887, I 23 believe it was. And I've been asked to attend the service 24 in order to receive the keys on behalf of the County, 25 because the property does belong to the County. So, I think 12-23-02 10 1 it's a wonderful accomplishment. It's a beautiful 2 structure. If you haven't had a chance to look at it, drive 3 by. It's not completed inside yet, but it will be shortly, 4 and it's going to be something we can all be proud of. And 5 in the future, the Court may wish to consider having a 6 meeting out there at some time in order to recognize the 7 significance of the oldest structure still standing in Kerr 8 County, I believe. 9 Finally, I notice the General Manager, 10 departing, of the U.G.R.A. in the courtroom, and I want to 11 extend, again, my personal thanks to Jim Brown for his 12 efforts on behalf of Kerr County as General Manager of the 13 U.G.R.A. When Jim took over the U.G.R.A., quite frankly, 14 U.G.R.A. was nothing more than the water -- off-book water 15 department of the City of Kerrville. And under his 16 leadership and under the direction of subsequent boards of 17 directors, the U.G.R.A. has actually become a functioning 18 river authority, which has in progress a huge number of 19 significant projects that will benefit Kerr County immensely 20 for the near to far future, far beyond the project we have 21 with them, which is the wastewater treatment project in 22 Kerrville South. And so I want to wish Jim good luck in 23 your future endeavors, and thanks for all your help in the 24 past four years. 25 Having said that, let's go to work, pay some 12-23-02 11 1 bills. Mr. Auditor, do we have any bills to pay? 2 MR. TOMLINSON: As always. 3 JUDGE HENNEKE: Anybody have any questions or 4 comments regarding the bills as presented? 5 COMMISSIONER GRIFFIN: I move we pay the 6 bills. 7 COMMISSIONER BALDWIN: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Griffin, second by Commissioner Baldwin, that the Court 10 authorize payment of the bills as recommended and presented 11 by the Auditor. Any 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. Budget 17 amendments. Commissioner Baldwin, how can we have budget 18 amendments at Christmas? 19 COMMISSIONER BALDWIN: I don't know. The 20 budget's not even dry -- ink's not dry yet. 21 JUDGE HENNEKE: Number 1 is from the County 22 Treasurer. 23 MR. TOMLINSON: This amendment is to renew 24 the surety bond for County Treasurer. It's for $266.25, and 25 the Treasurer's asking to transfer that -- that amount from 12-23-02 12 1 Office Supplies in the budget. 2 COMMISSIONER BALDWIN: Tommy, is it bonds or 3 insurance? 4 MR. TOMLINSON: It's bonds. 5 COMMISSIONER BALDWIN: Bonds, like most of 6 them are. So moved. 7 COMMISSIONER LETZ: Second. 8 JUDGE HENNEKE: Motion by Commissioner 9 Baldwin, second by Commissioner Letz, that the Court 10 authorize Budget Amendment Request Number 1 for the County 11 Treasurer. Any questions or comments? All in favor, raise 12 your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE HENNEKE: Opposed, same sign. 15 (No response.) 16 JUDGE HENNEKE: Motion carries. Number 2 is 17 for the District Clerk. 18 MR. TOMLINSON: Okay. This is the same 19 issue, for the renewal of the bond for the District Clerk. 20 The Clerk is asking that we transfer $87.50 from her Lease 21 Copier line item into Bonds and Insurance. 22 COMMISSIONER BALDWIN: So moved. 23 COMMISSIONER WILLIAMS: Second. 24 COMMISSIONER LETZ: Second. 25 JUDGE HENNEKE: Motion by Commissioner 12-23-02 13 1 Baldwin, second by Commissioner Williams, that the Court 2 authorize Budget Amendment Request Number 2 for the District 3 Clerk. Any questions or comments? If not, all in favor, 4 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. Number 3 is 9 for Constable, Precinct 1. 10 MR. TOMLINSON: Okay. This amendment is a 11 request from -- from Constable Pickens to transfer $500 from 12 his TCLEOSE Training line item, $2,457.66, from Official 13 Salary line item, and $142.34 from Group Insurance. Those 14 are to set up accounts for Office Supplies, $500; Books, 15 Publications, and Dues for $500; Telephone, which is a new 16 line item that wasn't in his budget originally, for $500; 17 Vehicle Repairs and Maintenance for $500; and Conferences 18 for $1,000, and Miscellaneous for $100. 19 JUDGE HENNEKE: Does anyone besides me have 20 any questions or comments? 21 COMMISSIONER LETZ: I have a few. 22 COMMISSIONER GRIFFIN: Go ahead, Jonathan. 23 COMMISSIONER LETZ: I mean, is there any 24 justification for any of these expenditures, other than 25 using the money that's in his budget? I mean, the amounts? 12-23-02 14 1 I mean, that's the first part of my question. The second 2 part is, if he -- after these amendments, are those similar 3 expenditure amounts for the other constables? 4 MR. TOMLINSON: I didn't compare that, 5 Commissioner. I just -- I know that -- that Constable, 6 Precinct 1, prior to this had relatively no office expenses 7 because most of it was paid for by the J.P.'s office. And 8 that's part of it. That's -- as far as office supplies and 9 the telephone and miscellaneous, those items were not in the 10 constable's budget originally, so I -- I know that he -- he 11 will have office expenses, since he's now resigned; he's not 12 in that office any more. 13 COMMISSIONER LETZ: I guess my question is -- 14 I acknowledge that. I don't mind giving him the budget to 15 carry out his office, but it appears that he has looked to 16 find how much money was left in Official Salary and moved 17 all that money to other line items. If he has, you 18 know, real numbers as to what it's going to cost to run his 19 office, other than just grabbing all the money that's there 20 and redistributing it. But that's just my -- 21 MR. TOMLINSON: I can't answer that. 22 COMMISSIONER GRIFFIN: The question I have 23 is, do the other constables have conference line items? 24 MR. TOMLINSON: They have training expense 25 line items. Yes, they do. 12-23-02 15 1 COMMISSIONER GRIFFIN: And Precinct 1 did 2 not? 3 MR. TOMLINSON: He had never used it. 4 COMMISSIONER GRIFFIN: Oh. 5 JUDGE HENNEKE: Remember who the constable of 6 Precinct 1 was for however many years. Rosa, do you know? 7 MS. LAVENDER: 26 years. 8 COMMISSIONER GRIFFIN: Okay. 9 JUDGE HENNEKE: The question that I have is 10 whether the Court can legally reduce an elected official's 11 salary after the budget has been adopted. You know, always 12 before, with Constable McClure, we set his salary lower than 13 the other constables, and he deflected some of that money to 14 reimburse his secretary -- the court coordinator for J.P. 1 15 and other things. It's like Constable Terrell out in 16 Precinct 4. When we set his budget, we set his -- at his 17 request, we have set his salary lower than the other 18 constables and given him a deputy salary. I am not sure 19 that it is legal to reduce the elected official's salary 20 after the budget has been adopted. 21 COMMISSIONER WILLIAMS: Is that really what's 22 happening here, Judge? 23 MR. TOMLINSON: We're not doing that. 24 JUDGE HENNEKE: Well, we are. His official 25 salary in the budget is $29,492, and we're taking it down to 12-23-02 16 1 $27,034. Now, that's because for a couple of months he 2 didn't draw salary. But, still, I'm not sure that it's -- 3 that we can actually go in and amend the budget to reduce 4 the amount of his salary after the budget. I don't know. 5 It's a question I have. 6 MR. TOMLINSON: Well, in the -- in the 7 budget -- part of the budget that lists the salaries, the 8 annual salaries for each elected official and each employee, 9 that's a -- the supplemental part of the budget; that does 10 not change. So -- so, the amount, the annual salary for a 11 constable still remains the same in the supplemental part of 12 the budget. What we're doing here is transferring the 13 unused part of that to the these office supplies -- to these 14 expenses. 15 JUDGE HENNEKE: Okay. 16 COMMISSIONER WILLIAMS: That's kind of the 17 way I see it. We're taking a piece that's not going to be 18 used, but we're leaving the salary the way it's supposed to 19 be, the way it was set. 20 MR. TOMLINSON: And we have -- it's unused, 21 because that position was unfilled for some time. 22 JUDGE HENNEKE: Okay. Do I have a motion to 23 approve? 24 COMMISSIONER BALDWIN: No. I mean, I -- even 25 after I ask questions, I'm not going to make a motion to 12-23-02 17 1 approve this. 2 JUDGE HENNEKE: Do you have some questions, 3 then, Commissioner? 4 COMMISSIONER BALDWIN: No. 5 JUDGE HENNEKE: Okay. 6 COMMISSIONER BALDWIN: I have a question of 7 why isn't that elected official in here to answer these 8 questions? That would be my question. And I'm not willing 9 to approve this until he is. 10 JUDGE HENNEKE: Why don't we -- 11 COMMISSIONER BALDWIN: He has money here to 12 get him -- he can get along until our next Commissioners 13 Court meeting. 14 JUDGE HENNEKE: Why don't we just table this 15 one, and then he can bring it back at the next meeting. 16 COMMISSIONER BALDWIN: Cool. 17 JUDGE HENNEKE: All right. 18 COMMISSIONER GRIFFIN: And, Judge, I would 19 also recommend that a comparison in those line items, as 20 Jonathan alluded to, with the other constables -- 21 JUDGE HENNEKE: Well, but -- 22 COMMISSIONER GRIFFIN: -- ought to be made, 23 too. 24 JUDGE HENNEKE: But, keep in mind that under 25 this Court, we've given each elected official the authority 12-23-02 18 1 to spend the same amount of money in whatever way they want. 2 COMMISSIONER GRIFFIN: Right. 3 JUDGE HENNEKE: So we've never said that each 4 constable can only have the same dollar amount in the 5 different line items, because they don't. 6 COMMISSIONER GRIFFIN: No. And I -- and my 7 point is, is that -- sort of a gee whiz, this sort of looks 8 reasonable for conferences. This looks reasonable for -- 9 not the precise amount, but just the -- 10 JUDGE HENNEKE: He can probably do that. 11 COMMISSIONER GRIFFIN: Sort of a credibility 12 factor, if you will. 13 JUDGE HENNEKE: All right. Well, we'll table 14 that one. If Constable Pickens wants to bring it back, he 15 can come back at the next meeting. Budget Amendment Number 16 4 is for the County Clerk's office. 17 MR. TOMLINSON: Okay. This request is to 18 transfer $677.85 from her line item, Judges and Clerks, in 19 Elections to Bonds and Insurance for the County Clerk's 20 budget, and this is a renewal of her errors and omissions 21 insurance. 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER BALDWIN: Second. 24 JUDGE HENNEKE: Motion by Commissioner Letz, 25 second by Commissioner Baldwin, that the Court approve 12-23-02 19 1 Budget Amendment Request Number 4 for the County Clerk's 2 office. Any further 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. Do we have 8 any late bills, Mr. Auditor? 9 MR. TOMLINSON: Yes, I have one. It relates 10 to Item 2.2, for the award of the lease on the wheel loader. 11 And I have here a -- a request to pay the first payment. 12 JUDGE HENNEKE: Why don't we take that up 13 with Item 2.2? 14 MR. TOMLINSON: Okay, that will be fine. 15 JUDGE HENNEKE: When we authorize the 16 payment, we can go ahead -- okay. All right. At this time, 17 I'd entertain a motion to approve and accept monthly 18 reports. 19 COMMISSIONER LETZ: So moved. 20 COMMISSIONER GRIFFIN: Second. 21 JUDGE HENNEKE: Motion by Commissioner Letz, 22 second by Commissioner Griffin, that the Court approve and 23 accept the monthly reports as presented. Any questions or 24 comments? If not, all in favor, raise your right hand. 25 (The motion carried by unanimous vote.) 12-23-02 20 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. Let's move 4 directly into the consideration agenda. Item Number 1 is to 5 consider discuss and take appropriate action on revisions to 6 the interlocal agreement between Kerr County and the Upper 7 Guadalupe River Authority for the Kerrville South Wastewater 8 Project, and enter into a proposed agreement to cover 9 pending and future projects. Commissioner Williams. 10 COMMISSIONER WILLIAMS: As my colleague, 11 Commissioner Baldwin, mentioned a while ago, this Court has 12 been proactive in doing things that are beneficial for the 13 people of Kerr County, and this Kerrville South Wastewater 14 Project is one of these -- one of those things, in my 15 opinion, that we've done that is good and leads to other 16 things. You'll notice in the backup material that I 17 presented to you, there's an interoffice memorandum from Mr. 18 Brown at U.G.R.A., kind of cleaning up his desk and his 19 files in anticipation of a change of leadership at U.G.R.A. 20 One of those things had to do with bringing the interlocal 21 agreement between Kerr County and the Upper Guadalupe River 22 Authority up to snuff in terms of what it is we are doing. 23 So, working with Mr. Brown and Mr. Mosty, we have taken a 24 look at the interlocal agreement and made those suggested 25 changes that do, in fact, memorialize exactly what we're 12-23-02 21 1 doing and those projects which are currently in the conduit, 2 approved by Kerr County Commissioners Court for doing, if 3 funded by the appropriate state agencies. So, what this 4 does is reflects those changes, but I want Richard and Jim 5 Brown to address these changes for the Court and answer any 6 of our questions that may be forthcoming. Richard? Jim? 7 MR. BROWN: Richard, if I might, let me -- 8 sorry I don't have this on a projector. 9 JUDGE HENNEKE: That's all right; we don't 10 have a screen. 11 MR. BROWN: These -- all of these projects 12 here that are listed are projects that the Court has 13 approved and have gone forward. Only this project here, the 14 2001 construction grant, has been approved, and that's -- 15 that's this green area over here, which has Ranchero Road 16 and Woods Drive, and also the big expense is the -- is the 17 bypass of the Rolling Green lift station over in the edge of 18 the Riverhills Country Club and -- and Highway 173. The 19 second area is the yellow area here, and that -- that 20 application has been approved. It has been funded. We 21 expect it to be funded sometime immediately after the first 22 of the year, and that's -- that pushes into the Loyal Valley 23 area, if you will. 24 The third program, which is the 2003 Colonia 25 Construction Grant program, the remainder of Loyal Valley, 12-23-02 22 1 and then the -- the remainder of the area that we call -- 2 between Ranchero Road and Camp Meeting Creek is this area 3 here, and that application has not been -- it's been 4 approved by the Court. I don't think it -- I don't think 5 it's been submitted at this point. That area also includes 6 this area north and west of Ranchero Road, which includes 7 the mobile home parks and the apartments that -- that are 8 down Ranchero Road from the Nimitz School. Now, beyond 9 that, the heavy red line is this area here, which is Glen 10 Oaks -- 11 COMMISSIONER WILLIAMS: Royal Oaks. 12 MR. BROWN: Royal Oaks. Royal Oaks. The 13 City has three connections, I believe, in Royal Oaks at this 14 time that is not in concurrence with their -- their current 15 bond order and their ordinance. So, the City has asked 16 U.G.R.A. to look at taking not only those three connections, 17 but to expand into that area there. We have three people in 18 this area who are not served who have indicated a -- a 19 desire to be served. And then this larger area here, again, 20 this is Ranchero Road. This is the area back -- well, north 21 and west of Ranchero Road, but -- but on the -- as you look 22 at the map on the left-hand side of -- of the Nimitz School. 23 There are 16 people in here who have, in writing, submitted 24 letters of interest. Now, Kerr County Commissioners Court 25 will not be asked to sponsor any sort of funding in these 12-23-02 23 1 two areas, because the socioeconomics of the area preclude 2 the Texas Department of Housing and Community Affairs 3 funding for these projects. These people have been told 4 that if this project is done, it will have to be financed by 5 some other method, which could be -- could range from the 6 issuance of revenue bonds, so on, so forth, by U.G.R.A. 7 These two areas are not a part of the 8 document that's in your agenda; I just strictly wanted to 9 point out that this project continues to live and survive 10 beyond the relationship that we're proposing in the -- in 11 the document in front of you. The document in front of you 12 approves the project that has been funded, 2001 Colonia 13 Construction Grant. It does not take into consideration the 14 2002 C.D.E.B.G. or the other two projects in which the 15 County has submitted application. So, what we -- what we 16 are doing is we hope we've proposed an interlocal agreement 17 that allows fluid relationships in -- in this -- in the 18 expanded areas. And I think you'll notice that -- that 19 Mr. Mosty's draft of that interlocal agreement is such that 20 it allows the -- the Court and U.G.R.A. to continue to -- to 21 do these projects as they are funded by -- by the Texas 22 Department of Housing and Community Affairs. 23 In a nutshell, that's -- that's the logistics 24 of the project, and I'll let Richard speak to the contract. 25 For the record, my name is Jim Brown, General Manager of 12-23-02 24 1 U.G.R.A. 2 MR. MOSTY: And I'm Richard Mosty, counsel 3 for U.G.R.A. Let me first say what the proposed draft does 4 not do. It does not commit this Court or U.G.R.A. to any 5 additional projects. It's -- you've got some that have been 6 approved, some that are pending submission, but it does not 7 attempt to -- to commit this Court or future courts or 8 future U.G.R.A. boards to any future project. But, it is 9 designed to try to be a master agreement under which future 10 projects, if approved, can be -- can be funded. As we 11 looked at it -- as Jim looked at it as he's going out, the 12 current agreement only applies to one grant, and so -- and 13 it also uses the Texas Department of -- whatever it is, 14 which is now O.R.C.A. And so the plan -- the concept was to 15 create a master agreement that would cover any colonia and 16 community development projects that are now or that may be 17 in the future prepared, and -- and you would go in the same 18 deal. And second was to go in and clean up the language by 19 taking out -- calling it O.R.C.A., by the new name and the 20 new engineering firm. 21 So, the -- the basic concept is to try to 22 create a master agreement that every time a new project 23 comes up, there wouldn't have to be a new interlocal 24 agreement drafted. Questions about -- I -- I went through 25 and tried to go through that. Judge Henneke and 12-23-02 25 1 Mr. Williams and Mr. Brown also went through it, and I -- I 2 hope we got all the places changed from T.D.H.C.A. to 3 O.R.C.A. or whatever. Be happy to answer any questions 4 about it. 5 COMMISSIONER BALDWIN: So, the old agreement 6 was specific with one -- the one project? 7 MR. MOSTY: Yes. 8 COMMISSIONER BALDWIN: And we want to build a 9 new agreement that would cover, for a ways, anyway, the -- 10 O.R.C.A. may be something else next week. 11 MR. MOSTY: It may be. This covers those 12 that are right -- that are in -- that have been approved or 13 are in the pipeline now, as well as gives the framework 14 under which future ones could be addressed. 15 COMMISSIONER BALDWIN: I mean, in -- I just 16 received this a few minutes ago, and I'm not going to vote 17 on it until I get to look it over and the County Attorney 18 tells me I can, but in this document, it does not talk -- I 19 mean, it's not listed as any specific project, or -- 20 MR. MOSTY: No. 21 COMMISSIONER BALDWIN: -- anything like that. 22 You know, this area that Jim's -- Jim keeps talking about up 23 here, the four or five people that would like to participate 24 or whatever, that's -- those things are not in here. 25 MR. BROWN: No, sir, because -- 12-23-02 26 1 MR. MOSTY: And they wouldn't qualify 2 under -- 3 COMMISSIONER BALDWIN: Right. 4 MR. MOSTY: -- those two grant programs. 5 COMMISSIONER BALDWIN: I'm with you 100 6 percent. 7 JUDGE HENNEKE: Any other questions or 8 comments? 9 COMMISSIONER LETZ: Well, Buster kind of 10 stepped by or mentioned quickly, I guess, one comment I 11 have. Has the County Attorney looked at it? And I think -- 12 because I'm guessing no. 13 COMMISSIONER WILLIAMS: He hasn't seen these 14 revisions. He approved the original. 15 MR. MOSTY: Not to my knowledge. 16 COMMISSIONER LETZ: There -- I mean, I don't 17 see the reason to do this today, without -- I mean, I'd 18 rather run it by the County Attorney. That's just my 19 preference. 20 MR. BROWN: U.G.R.A. -- before U.G.R.A. can 21 write the check for this second grant that's about to be 22 funded, we've got to be protected. This agreement -- and 23 that's not going to be -- that's not going to be the next 24 two days. It will be sometime early January. 25 MR. MOSTY: This is really to get this off 12-23-02 27 1 Jim's desk before he's gone, is the reason it's before you 2 today. 3 COMMISSIONER GRIFFIN: So, are you saying it 4 could wait until the next court meeting? 5 MR. BROWN: Yes, sir. Yes, it could. And, 6 again, this is important to us, because we did not -- as you 7 know, U.G.R.A. is funding this project out of its own 8 general funds -- at least the local match funds out of our 9 general fund, not our tax fund, and so we need to be able to 10 justify that to our auditors. So, that's why we need to do 11 the umbrella. 12 COMMISSIONER BALDWIN: I would challenge you, 13 Mr. Brown, if you -- if you run downstairs and get the 14 County Attorney to approve this right quick -- that's a 15 great challenge, buddy. 16 MR. BROWN: Yes, sir, I realize that. 17 MR. MOSTY: I'm going to stay out of that. 18 COMMISSIONER BALDWIN: Well, I'm not going 19 any further with it, I can tell you that. 20 COMMISSIONER WILLIAMS: Well, I tell you what 21 we'll do. We will submit it to the County Attorney. 22 Then -- I didn't have time to do it this time, but I 23 understand the need or the desire of members of the Court to 24 do that. We'll have him take a look at the changes, which 25 are to the existing interlocal agreement, and bring it back 12-23-02 28 1 at a subsequent court meeting for approval. 2 I'd like to take a moment of personal 3 privilege, if you don't mind, Judge. I'm going to also say 4 thank to you Jim Brown for his years of service to Kerr 5 County through the Upper Guadalupe River Authority. He has 6 proven to be a very able and professional public servant, 7 and I think the challenges that have been put before him, he 8 has more than adequately met them to the benefit of the 9 citizens of Kerr County. So, I personally want to say, as a 10 member of this Court, Jim, I appreciate your efforts on 11 behalf of Kerr County. I wish you well in whatever you do. 12 I'm glad you're not moving, 'cause I may want to pick up the 13 phone and call you someday and ask you a question about a 14 sewer or something. Thank you very much for being here this 15 morning. We'll get this approved. And good luck in 16 anything you do. 17 COMMISSIONER BALDWIN: Hear, hear. 18 MR. BROWN: Judge, if I might -- 19 COMMISSIONER LETZ: Let me -- I have one 20 question back on this, if I may. 21 MR. BROWN: Richard? 22 COMMISSIONER LETZ: When does -- what is the 23 date that you can guess that -- when this needs to be 24 approved by? And my thinking is, that way -- 25 MR. BROWN: January 15th. 12-23-02 29 1 COMMISSIONER LETZ: 15th? Okay. So, I think 2 we just need to put a memo out to the County Attorney that 3 we need to have this approved or worked out by the 13th 4 meeting. And I think we need to put that date certain in 5 there, and let he and Richard work to -- 6 MR. MOSTY: I'll e-mail him a red-line copy 7 today. 8 COMMISSIONER WILLIAMS: I'll send him a memo. 9 Commissioner Baldwin and I send memos down there all the 10 time. 11 MR. MOSTY: When would it be back on the 12 agenda? 13 COMMISSIONER LETZ: 13th? I believe that's 14 our -- 15 MS. HAMILTON: Yes. 16 COMMISSIONER WILLIAMS: Next meeting is the 17 13th. 18 MR. MOSTY: I'll send him a note. 19 COMMISSIONER WILLIAMS: If you'll do that, 20 Richard, that will be helpful. I'll send him a memo down, a 21 covering memo. 22 MR. MOSTY: If he feels like -- or any member 23 of the Court feels like I should come to further explain, 24 I'll be happy to. 25 COMMISSIONER WILLIAMS: Good deal. Thank 12-23-02 30 1 you. 2 JUDGE HENNEKE: I'm -- 3 MR. BROWN: My parting word on the blotter 4 that I'm turning over to my successor, there are also two 5 other wastewater projects. I'm not sure the County will be 6 able to participate in either of those, but they're very 7 important. One is in the Center Point area, and that's 8 probably going to be a U.S.D.A. grant, which U.G.R.A. will 9 have to be the sponsor under its Chapter 51 W.C.& I.D. 10 powers. The other project is what I call a near-west Kerr 11 County, and that's the area between the city limits of 12 Kerrville out to the city limits of Ingram, at this point 13 excluding Greenwood Forest, because the people there have 14 not indicated any interest. But there are several -- there 15 are several industries -- there's taxidermy shops and some 16 other industries; there's an industrial park, a couple 17 mobile home parks in that area, and their septic systems are 18 beginning to fail and they're surfacing. One of them is 19 surfacing in the vicinity of a public drinking water well. 20 Those -- there are a couple of developers out there willing 21 to pay for the connect line -- the outfall line from their 22 projects down to the Ingram Independent School District 23 line. So, those are projects that we would ask the 24 County -- Precinct 2 and Precinct 4 -- we'd ask you if you 25 would want to participate. Your assistance would be more of 12-23-02 31 1 guidance and work with the -- working with the residents out 2 there, but not specifically in the financing side of the 3 project. So -- 4 COMMISSIONER WILLIAMS: Well, I can say to 5 you without equivocation that, to the extent this 6 Commissioner can pursue sewer projects beneficial to Center 7 Point and that area, I will be involved. We'll see where 8 that takes us. 9 MR. BROWN: Well, U.G.R.A. is ready to work 10 with the Court on -- on these kind of projects. And it also 11 supports your new subdivision order in that, by providing 12 wastewater, it allows the developer a greater density in his 13 development. So, it's both a public health, and it's also a 14 bit of an economic development assistance in putting 15 unproductive land as productive land on the County's tax 16 rolls. 17 COMMISSIONER LETZ: One last comment. I'm 18 not saying good-bye to Jim, 'cause he's still on Region J. 19 COMMISSIONER WILLIAMS: That's good news. 20 Merry Christmas, Richard. Jim, the same, and we'll see you. 21 COMMISSIONER GRIFFIN: Thanks for a job well 22 done. 23 COMMISSIONER WILLIAMS: Thank you for coming. 24 COMMISSIONER GRIFFIN: Go to the window and 25 pick up your combat pay. 12-23-02 32 1 MR. BROWN: Thank you. 2 JUDGE HENNEKE: All right. Item Number 2, 3 consider and discuss awarding the bid for the lease of new 4 wheel loader, authorize the Judge and County Attorney to 5 sign the same, and approve a hand check for the first 6 payment in the amount of -- whatever the first payment is. 7 Leonard, do you have a recommendation for us on the lease of 8 the new wheel loader? 9 MR. ODOM: Yes, sir. I would ask the Court 10 to approve awarding that lease to Holt Corporation in San 11 Antonio. We have a five-year lease for $1,037.95. 12 COMMISSIONER WILLIAMS: Monthly? 13 MR. ODOM: Ask the Court to authorize the 14 Judge to sign it. 15 COMMISSIONER WILLIAMS: Monthly lease or 16 annual? 17 MR. ODOM: Monthly. Monthly lease, yes, sir. 18 And to have the -- authorize the County Attorney to -- 19 there's a form in there that the County Attorney needs to 20 sign. It's a legal -- 21 COMMISSIONER LETZ: I move we approve the 22 recommendation of the Road and Bridge Administrator, and 23 approve the lease with Caterpillar Financial Services 24 Corporation. 25 COMMISSIONER BALDWIN: Second. 12-23-02 33 1 JUDGE HENNEKE: Hand check in the amount of 2 the first payment? 3 COMMISSIONER LETZ: And check in the amount 4 of the first payment. 5 MR. ODOM: Thanks. 6 JUDGE HENNEKE: Motion by Commissioner Letz, 7 second by Commissioner Baldwin, that the Court approve the 8 lease for the new wheel loader with Caterpillar -- I guess 9 it's actually Holt? 10 MR. ODOM: It's Holt. 11 COMMISSIONER LETZ: It's Holt? 12 JUDGE HENNEKE: The actual name of the 13 company is Holt Texas Limited. Authorize the County Judge 14 to sign the necessary documents after approval by the County 15 Attorney, and authorize issuance of a hand check in the 16 amount of $1,037.50 (sic), payable to Caterpillar Financial 17 Services Corporation for the first month's payment on the 18 lease. Any questions or comments? If not, all in favor, 19 raise your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE HENNEKE: All opposed, same sign. 22 (No response.) 23 JUDGE HENNEKE: Motion carries. Next item, 24 Item Number 3, is to consider and discuss awarding the bid 25 for the reconstruction of Sheppard Rees Road. Mr. Odom, do 12-23-02 34 1 you have a recommendation for us? 2 MR. ODOM: Yes, sir. I make a recommendation 3 that we award the bid to Allen Keller in Fredericksburg, 4 Texas, as low bid, and that we are meeting the 31st, next 5 week, to have a preconstruction, and for Commissioner 6 Baldwin and Commissioner Griffin and the new Commissioner on 7 the Court -- that we will be starting at the first of the 8 year. We'll come up with a date sometime after the first of 9 the year. 10 COMMISSIONER BALDWIN: They're meeting on the 11 31st where? 12 MR. ODOM: In our office. 13 COMMISSIONER BALDWIN: How long is it going 14 to last? That is New Year's Eve, you know. 15 MR. ODOM: Oh, it won't take long. 16 Basically, we're -- we're going to just formulate a time 17 sequence there to provide that to us, and begin a starting 18 date. That's what we're trying to firm up. 19 COMMISSIONER BALDWIN: Judge, I move that we 20 approve the recommendation of the Road and Bridge on this 21 issue. 22 COMMISSIONER GRIFFIN: Second. 23 JUDGE HENNEKE: Motion by Commissioner 24 Baldwin, second by Commissioner Griffin, that the Court 25 authorize awarding the bid for reconstruction of Sheppard 12-23-02 35 1 Rees Road to -- Allen Keller? 2 MR. ODOM: Allen Keller. 3 JUDGE HENNEKE: Allen Keller of 4 Fredericksburg. In the amount of? 5 MR. ODOM: $299,830. 6 JUDGE HENNEKE: $299,830, which was the low 7 bid. 8 MR. ODOM: Which was the low bid. 9 JUDGE HENNEKE: Before we vote on that, I 10 mean, give us your impression of the bids. Were you 11 favorably -- is this about what you anticipated? High? 12 Low? Indifferent? 13 MR. ODOM: Maybe a little bit -- it was 14 within the ballpark. $262,000 was in there. A little bit 15 higher than the base put in there. We had the funding, and 16 I felt like I was -- if I was under $311,000, that I felt 17 comfortable that project could be done. The numbers were 18 extremely high. I think there's a lot of work out there, 19 and I think some people high-bid it, trying to -- to hope 20 they got it. 21 COMMISSIONER WILLIAMS: Or avoid getting it. 22 MR. ODOM: Or avoid getting it. But I -- the 23 project's a simple project. I've looked at it, thought 24 about it. And, you know, how we go about doing it, I think 25 Keller looked at the same thing. I would look at that 12-23-02 36 1 project as an 8- to 10-week project if we were doing it 2 in-house. And, of course, when we first put this together 3 in May, we -- we contemplated the possibility of doing it 4 ourselves, with our rate. But the flood came in July, and 5 that changed a lot of things. And we felt comfortable that 6 if I was under that 311, that I felt comfortable I could do 7 the project. 8 JUDGE HENNEKE: Well, anybody else have any 9 questions? If not, all in favor of the motion, raise your 10 right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE HENNEKE: Opposed, same sign. 13 (No response.) 14 JUDGE HENNEKE: Motion carries. Thank you, 15 Leonard. 16 MR. ODOM: Thank you. 17 JUDGE HENNEKE: Next item is Item Number 4, 18 consider and discuss approval of the appointment of election 19 staff for the bond election, per Texas Election Code, 20 Chapters 32, 51, and 127. Jannett Pieper. 21 MS. PIEPER: Thank you, gentlemen. I'm kind 22 of doing this all in one order. Because of the time limits, 23 it's much easier. On your handout, the first section of 24 this has already been approved, as far as the location and 25 the election judges. The judges were approved back in 12-23-02 37 1 January for a one-year term. However, the central counting 2 station personnel, Chapter 127, that has to be done at each 3 election. That's appointing me as the presiding judge and 4 the manager. The tabulating supervisor will be Nadene, and 5 the assistant supervisor will be Mindy. And then the early 6 voting ballot board, I would like Marilyn Johnson and 7 Streeter King, both of these which have done it before, so 8 they're very familiar with the process. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE HENNEKE: Motion by Commissioner Letz, 12 second by Commissioner Baldwin, that the Court approve the 13 appointment of election staff for the bond election per 14 Texas Election Code, Chapters 32, 51, and 127, as presented 15 by the County Clerk. Any questions or comments? If not, 16 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. 21 MS. PIEPER: Thank you. 22 JUDGE HENNEKE: Item Number 5, consider and 23 discuss purchase of a 12-by-24 portable office building for 24 Hill Country Youth Exhibit Center manager and events booking 25 agent. Mr. Holekamp. 12-23-02 38 1 MR. HOLEKAMP: Thank you. This is -- this is 2 the result of the July flood at the Ag Barn, the office 3 complex in the Exhibition Center. Due to the -- the 4 insurance company adjusted it. It was not FEMA, because the 5 water came in from the top, which was a change in the 6 criteria. And several roofers have told us that trying to 7 find the exact locations of where the water's coming in 8 is -- is next to impossible. Because of the flat roof, it 9 can start just about anywhere. It goes through between the 10 fabric. So, our -- I made a decision to request to look at 11 possibly giving the booking agent and the barn manager a -- 12 a place free of water in an office environment, to where 13 when people come out and want to look at the facility, 14 possible rental, that it really wouldn't be an impossible 15 situation. It's rather difficult for people to really work 16 an eight-hour day in that office as it is right now. 17 So, with that in mind, the insurance 18 available to us is approximately $7,000, and the building 19 that I have looked at is a 12-by-24, and it's -- I think 20 it's got a couple of windows. And it's not finished on the 21 inside, which we could do ourselves, and add some 22 electrical, that sort of thing. I believe it would -- and 23 then this particular building, then, could -- at some point 24 in time, could be moved to any location for any application, 25 whether it be storage or office or whatever. So, whatever 12-23-02 39 1 we do in the future, it would not impact it, I don't 2 believe. In my opinion, it wouldn't, because it's portable, 3 and it will stay portable. So, that's my request at this 4 time, to -- 5 COMMISSIONER WILLIAMS: Where do you intend 6 to plant this building out there, Glenn? 7 MR. HOLEKAMP: Well, I personally believe, 8 because of the -- the availability of it being portable, I 9 would put it -- place it in front of the current doors, of 10 the glass doors. 11 COMMISSIONER WILLIAMS: Assuming that the 12 bond election passes and construction gets underway next 13 year, where would you intend to replant that building? 14 MR. HOLEKAMP: Well, at that time, then, I 15 guess we would have to kind of decide where we would slide 16 it or lift it or place it. But I wouldn't see it being a 17 problem anywhere on the property, providing electrical could 18 be put to it, you know. I think that would be the -- the 19 only expense once you relocate it is electrical, and 20 probably the phone line itself, because it will be as 21 portable as it is. A 12-by-24 is really not that big when 22 you start moving buildings. 23 COMMISSIONER LETZ: Glenn, a little bit 24 different angle than what Bill was talking about. Is there 25 any reason that decision can't wait until after the bond 12-23-02 40 1 election? Because if the bond election passes, I think then 2 -- I mean, we don't want to move it twice, even though it 3 could be done, but to move it twice and electricity and -- I 4 mean, I think the whole focus out there is going to change 5 if it passes. If it doesn't pass, then that brings up 6 another set of issues, and, to me, they're going to have to 7 be addressed by the Court, such as that office space out 8 there. I wouldn't know where we get the money, but I 9 just -- I don't see how waiting 30 days in the driest month 10 of the year, typically, is going to make that much 11 difference. 12 MR. HOLEKAMP: No. And it was brought 13 because I -- I felt like I -- the insurance company had 14 given us the money, and that we really need to do something. 15 And I had done nothing out there, and I really felt like 16 throwing money into that office that is currently there 17 would really be kind of foolish at this time. So, there is 18 no emergency, if that is your question. There's no 19 emergency. The reason I did it is -- is we're having to -- 20 we're missing some people. We're having to -- to -- Mike is 21 working on something out there and they can't find anybody. 22 And, normally, where Jamie was placed there, she was able 23 to -- to answer questions when people came to look at the 24 facility. Now we're having to make appointments, and 25 somebody running out there and meeting. But, that's the 12-23-02 41 1 only issue. We -- we can wait till the bond election or 2 whatever. 3 COMMISSIONER LETZ: I mean, my preference 4 would be to wait, because I just hate to -- I mean, the 5 insurance money can be used for something; maybe this 6 purpose or maybe a different purpose, after February 1st. I 7 just think it's -- we could wait a month. 8 MR. HOLEKAMP: There's no problem for me, 9 whatever the Court wishes to do. 10 JUDGE HENNEKE: All right. Well, we'll just 11 put this on the back burner and bring it back in February. 12 Item Number 6, consider and discuss ratifying a resolution 13 and honoring Guadalupe County Judge James E. "Jim" Sagebiel. 14 COMMISSIONER BALDWIN: Yes, sir. I took the 15 resolution to Seguin last Friday and made the presentation, 16 and let me just say it this way. We had a good time. And 17 I'd like to vote now to ratify that resolution, and so I 18 move that we do so. 19 COMMISSIONER GRIFFIN: Second. 20 JUDGE HENNEKE: Motion by Commissioner 21 Baldwin, second by Commissioner Williams, that the Court 22 ratify the resolution for Guadalupe County Judge James E. 23 "Jim" Sagebiel. Any questions or comments? If not, all in 24 favor, raise your right hand. 25 (The motion carried by unanimous vote.) 12-23-02 42 1 JUDGE HENNEKE: Opposed, same sign. 2 (No response.) 3 JUDGE HENNEKE: Motion carries. 4 COMMISSIONER BALDWIN: Thank you. 5 JUDGE HENNEKE: Item Number 7, consider and 6 discuss approving the bonds of newly elected officials, 7 approve the application of the Treasurer, District Clerk, 8 and County Clerk to appoint deputies, and acknowledge the 9 existence of continuance of blanket bonds for deputies. 10 Commissioner Baldwin. 11 COMMISSIONER BALDWIN: Yes, sir. Actually, 12 Commissioner Letz was the brainchild on this thing, and I 13 want to give him all the credit for thinking through this 14 one. I don't know -- well, I don't think we're going to 15 have a meeting -- an official meeting on January 1, so the 16 only, really, official duties that I can find the 17 Commissioners Court has on January 1 is approving these 18 bonds here. So, we can do them today; then we -- we won't 19 have to worry about certain Commissioners, you know, 20 frolicking across the fruited plains and not being here, 21 taking care of business like they should, like the rest of 22 us do. I'm not throwing any rocks. 23 COMMISSIONER WILLIAMS: I ducked; I missed 24 mine. 25 COMMISSIONER GRIFFIN: Duck. 12-23-02 43 1 COMMISSIONER BALDWIN: So, what do you want 2 to know? 3 JUDGE HENNEKE: Make a motion. 4 COMMISSIONER BALDWIN: So moved. 5 COMMISSIONER LETZ: Second. 6 JUDGE HENNEKE: Motion by Commissioner 7 Baldwin, second by Commissioner Letz, that the Court approve 8 the bonds of the newly elected officials as presented per 9 the application of the Treasurer, District Clerk, and County 10 Clerk, to appoint deputies, and acknowledge the existence of 11 continuation of blanket bonds for deputies in all affected 12 departments. 13 COMMISSIONER WILLIAMS: Yes. 14 JUDGE HENNEKE: Go ahead. 15 COMMISSIONER WILLIAMS: For the record, 16 certainly, should they not be advertised as to whose bonds 17 are being approved? 18 MS. PIEPER: I was going to say, would you 19 like to see my application for my deputies? 20 JUDGE HENNEKE: No. 21 COMMISSIONER BALDWIN: There is a list 22 floating around -- is this for everybody in the county? 23 MS. PIEPER: This is my deputies. 24 COMMISSIONER BALDWIN: Okay. 25 MS. PIEPER: I don't -- 12-23-02 44 1 COMMISSIONER BALDWIN: There is a list 2 floating around of -- of those folks that are -- that will 3 be sworn in or require -- I just don't have it. Would you 4 like to have it before we -- 5 COMMISSIONER WILLIAMS: I just thought maybe 6 the record should include it, that's all. 7 MS. PIEPER: All of the bonds of the elected 8 officials that will be sworn in are there. 9 COMMISSIONER WILLIAMS: Okay. 10 COMMISSIONER BALDWIN: Are here? 11 MS. PIEPER: No, sir, they're in the folder 12 that the Judge has. 13 COMMISSIONER BALDWIN: Okay. That's all 14 we're looking for. 15 JUDGE HENNEKE: 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. Item Number 21 8, consider and discuss the approval of a Mutual Aid 22 Agreement for Regional Councils of Government, and authorize 23 County Judge to sign same. This was presented at the last 24 AACOG Board meeting as something which is required in order 25 to qualify for federal funding, and so I bring it to the 12-23-02 45 1 Court for your consideration. I do believe there is some 2 time sense of urgency, but I don't know exactly what that 3 is. 4 COMMISSIONER WILLIAMS: Is this a renewal of 5 an existing agreement? 6 JUDGE HENNEKE: No, it's a new agreement. 7 COMMISSIONER GRIFFIN: Federal funding of 8 what, Fred? Is that -- 9 JUDGE HENNEKE: Through the Department of 10 Homeland Security for First Responders, for disaster -- 11 COMMISSIONER GRIFFIN: All that. 12 JUDGE HENNEKE: -- planning, all of those 13 things that are emanating out of Washington these days. 14 COMMISSIONER BALDWIN: Which this is just one 15 of them. 16 JUDGE HENNEKE: Right. 17 COMMISSIONER BALDWIN: Many, many, many 18 things going on. But, again, I -- I hate to be the horse's 19 behind here, but I'm good at it, so I might as well. 20 COMMISSIONER WILLIAMS: Hold up your 21 reputation. 22 COMMISSIONER BALDWIN: I'd really like to 23 have the County Attorney sign off on this. 24 JUDGE HENNEKE: Fine. 25 COMMISSIONER BALDWIN: Before we -- sometime 12-23-02 46 1 before we get bombed by somebody. 2 JUDGE HENNEKE: I do think, though, that 3 it -- if we're going to do that -- and I don't have a 4 problem with that, since I'm not going to be the one here to 5 have to push it through -- it does need to be on your first 6 agenda in January. 7 COMMISSIONER BALDWIN: Okay. So -- so, we 8 ask the -- ask the County Attorney -- or let him know that, 9 again, the time frame there. 10 COMMISSIONER WILLIAMS: Memo from you and a 11 memo from me, right? This is your lucky week. 12 JUDGE HENNEKE: Okay. 13 COMMISSIONER BALDWIN: Fred, you're not 14 sending a memo down there? 15 JUDGE HENNEKE: No. 16 COMMISSIONER BALDWIN: I see. Tommy, how 17 about you? 18 JUDGE HENNEKE: Last item, Item Number 9, 19 consider and discuss ratifying resolution in recognition of 20 Calvin R. Weinheimer. Everyone has signed the resolution 21 that was presented to Mr. Weinheimer at his appreciation 22 dinner last Thursday, provided by the Kerrville Telephone 23 Company. Any questions or comments? Do I have a motion? 24 COMMISSIONER LETZ: So moved. 25 COMMISSIONER GRIFFIN: Second. 12-23-02 47 1 JUDGE HENNEKE: Motion by Commissioner Letz, 2 second by Commissioner Griffin, that the Court ratify the 3 resolution previously signed in recognition of Calvin R. 4 Weinheimer. Any questions or comments? If not, all in 5 favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE HENNEKE: Opposed, same sign. 8 (No response.) 9 JUDGE HENNEKE: Motion carries. All right. 10 COMMISSIONER LETZ: Tommy? 11 JUDGE HENNEKE: Almost got away. 12 MR. TOMLINSON: This is not an agenda item, 13 but we -- I do have an issue with the renewal on our -- on 14 law enforcement liability coverage. It's for the jail and 15 Sheriff's Office and the juvenile detention facility. Just 16 at 9 o'clock this morning, we finally got a fax from one of 17 our -- one of the companies that wanted a quote. And this 18 -- their coverage expires 1/1, and what I desperately need 19 is a meeting sometime between now and 1/1, just for -- just 20 for time to discuss this renewal. 21 JUDGE HENNEKE: Gentlemen? 22 COMMISSIONER LETZ: Well -- 23 JUDGE HENNEKE: I'm on the payroll till the 24 end of the year. We could do it this afternoon. 25 COMMISSIONER LETZ: I was going to say, could 12-23-02 48 1 we do it this afternoon? Would that give you time? Or if 2 not -- 3 MR. TOMLINSON: Yeah, I can -- I can get him 4 back here this afternoon. 5 JUDGE HENNEKE: If we can get our ace court 6 administration to do an agenda as an emergency and send it 7 out, we could do it by -- we could do it at 1 o'clock. All 8 we have to do for an emergency meeting is to give two hours 9 notice. I do think this qualifies under the statute as an 10 emergency, something we did not know about in advance, 11 something that has time sensitivity to it. So, if we want 12 to do it today, we can do it at 1 o'clock, if we can get 13 someone to do the agenda and broadcast it. 14 COMMISSIONER WILLIAMS: Just for the record, 15 I won't be here. 16 COMMISSIONER BALDWIN: I will be full of 17 turkey. 18 JUDGE HENNEKE: I can be. 19 COMMISSIONER BALDWIN: Two, three. 20 JUDGE HENNEKE: Are you -- either that, or we 21 could have a meeting on the 31st or the 30th or whatever you 22 want. 23 COMMISSIONER LETZ: Either one. I'd rather 24 get it out of the way today. 25 COMMISSIONER BALDWIN: Let's get it out of 12-23-02 49 1 here. 2 COMMISSIONER LETZ: Why don't we say 1:30? 3 That way there's three hours, and that gives us 30 minutes 4 to get it posted. 5 JUDGE HENNEKE: Two hours. 6 COMMISSIONER LETZ: Oh, two hours? 7 1 o'clock? 8 JUDGE HENNEKE: Okay. If we can get Thea up 9 here, we'll make it for 1 o'clock. 10 COMMISSIONER LETZ: I mean, can Jannett -- 11 JUDGE HENNEKE: Or Jannett -- maybe Jannett 12 can -- 13 COMMISSIONER LETZ: Jannett can probably 14 handle posting. 15 JUDGE HENNEKE: Somebody's got to do the 16 finger-wave, too. 17 MR. TOMLINSON: Let me make sure that I can 18 get him back here at 1:30. 19 JUDGE HENNEKE: 1 o'clock. 20 MR. TOMLINSON: 1 o'clock, okay. 21 COMMISSIONER LETZ: Why don't we take -- 22 MR. TOMLINSON: He said he was going to be in 23 town, but -- 24 COMMISSIONER BALDWIN: Why does he have to be 25 here? 12-23-02 50 1 MR. TOMLINSON: Well, he needs to explain the 2 situation. 3 JUDGE HENNEKE: I hear some "ka-ching, 4 ka-ching" coming out of this one. 5 MR. TOMLINSON: Well, there is, but -- but 6 there's -- as you know, there are two -- two kinds of 7 coverages for liability, and one is -- one is what's called 8 a claims made policy, and the other one is -- is an 9 occurrence policy. In other words, when -- under the 10 occurrence, you -- you get -- you get -- if you have a 11 claim, you get -- it has to happen when it occurs. Under 12 the claims made, it can happen back in prior years, and if 13 it's claims, then you -- you're still covered prior years. 14 So -- but there's a substantial difference in the -- in 15 cost. There's also a substantial difference in the cost in 16 next year. 17 COMMISSIONER LETZ: I'm sure it's lower. 18 COMMISSIONER WILLIAMS: Oh, yeah. 19 MR. TOMLINSON: You know it. And so, you 20 know, I -- I just need for him to be here. 21 COMMISSIONER LETZ: Why don't we take a 22 five -- 23 JUDGE HENNEKE: Well, why don't we -- yeah. 24 COMMISSIONER LETZ: -- Five-minute recess? 25 JUDGE HENNEKE: Can you go call him right 12-23-02 51 1 now? 2 MR. TOMLINSON: Yeah, I can go call him. 3 JUDGE HENNEKE: We'll just do some other 4 things, and if you can come back and let us know -- 5 (Discussion off the record.) 6 JUDGE HENNEKE: Well, gentlemen? 7 COMMISSIONER GRIFFIN: Seems like, during the 8 budget deal, didn't we talk about this coverage? I mean, we 9 didn't talk about this specific coverage, but we talked 10 about the difference between the -- the two kinds and all 11 that during budget. 12 JUDGE HENNEKE: That was just a couple weeks 13 ago on health insurance. 14 COMMISSIONER GRIFFIN: Is that what it was? 15 COMMISSIONER LETZ: We talked about it out 16 there, too. I think it was in relation to one of the 17 lawsuits we have out at the jail. 18 COMMISSIONER GRIFFIN: Yeah. 19 COMMISSIONER LETZ: I remember. This topic's 20 pretty fresh in my mind. 21 COMMISSIONER GRIFFIN: Yeah, I remember the 22 two types -- discussing the two types of insurance. 23 COMMISSIONER WILLIAMS: Well, Judge, while 24 we're sitting here with our engines idling waiting on an 25 answer, if the Court will indulge me for another minute, 12-23-02 52 1 point of personal privilege, I'd like to express my 2 appreciation to Commissioner Griffin and to you, Judge. To 3 Larry, I particularly want to say thank you for your service 4 and for being a good mentor. You have taught us some 5 things. And what I appreciate most about you is you always 6 come to this court prepared. You do your homework. You 7 know what you're talking about, and I appreciated that. 8 I've had an opportunity to learn from you. I am grateful 9 for that, and hopefully I'll be able to put some of that to 10 good use as I continue my service on this court. We'll miss 11 you, and thank you for what you've done. 12 COMMISSIONER GRIFFIN: Thank you. 13 COMMISSIONER WILLIAMS: Particularly from me. 14 And you, Judge, I just wanted to say a big, hearty thanks. 15 Thanks. You have been a good leader to this Court, and the 16 people in Kerr County will have to continue to support their 17 court in its endeavors, but you're going to be missed, 18 because you are a far-thinking, forward-thinking person, and 19 I appreciate your years of service to the people of Kerr 20 County. I'll be returning on behalf of the people of 21 Precinct 2, and I'm grateful to them for that opportunity, 22 but I just want to say I've enjoyed working with both of 23 you. My privilege and my pleasure. 24 JUDGE HENNEKE: Thank you, Bill. I know I 25 want to say that in -- this has been a real hoot the last 12-23-02 53 1 four years. A frustrating hoot, but a real hoot. Of all 2 the things I've done -- you know, Foreign Service Office, 3 legislative aide to a member of Congress, military officer, 4 county, I mean, lawyer -- this is by far the most rewarding 5 and the most frustrating endeavor I've ever undertaken. And 6 I think, as I've said before, that I learned from 7 Commissioner Baldwin, and it's true, that the reason county 8 government works is because we are the local government. If 9 you go to any other political entity in Kerr County, you 10 don't talk to the local people who are in charge of that 11 entity; you talk to the staff. If you call U.G.R.A., you 12 talk to the staff. If you call the Headwaters, you talk to 13 the staff. If you talk to the K.I.S.D., you talk to the 14 staff. If you call the Commissioners Court, you start with 15 your Commissioner, and that Commissioner walks you through 16 the process. And that's what makes local government work, 17 is the fact that we deal directly with the constituents. 18 And sometimes the hard part of local 19 government is to deal with constituents who have a 20 particular burr under their saddle that doesn't work for the 21 remainder of the county, and you have to deal with that. 22 And I remember Commissioner Baldwin brought to the Court one 23 day the issue of firing rifles in less than 10 acres, and he 24 did it because there were a number of his constituents who 25 were concerned about that. And he brought it to the Court, 12-23-02 54 1 but he didn't advocate, because it was an issue that the 2 people of Kerr County needed to be educated on, but it was 3 not an issue that needed to be applied county-wide. And 4 that's what we do here. 5 COMMISSIONER GRIFFIN: Yeah. 6 JUDGE HENNEKE: We sit here and we take input 7 from those people who care to give us input, and then we 8 have to measure that input against what is truly in the best 9 interests of the county. And I think that's why this Court 10 has worked, is there haven't been any hidden agendas. You 11 know, the -- the two buzzwords in politics these days are 12 "hidden agendas" and "good old boys." Well, a hidden agenda 13 is an agenda that doesn't agree with mine, and a good old 14 boy is my inability to get you to do what I want you to do. 15 (Laughter.) 16 JUDGE HENNEKE: It has nothing to do with 17 good government. But I want to tell you -- 18 COMMISSIONER BALDWIN: Can you fit "redneck" 19 in there somewhere? 20 JUDGE HENNEKE: Well, redneck is -- 21 COMMISSIONER BALDWIN: 'Cause I want to 22 participate. 23 (Laughter.) 24 JUDGE HENNEKE: But what we've done for four 25 years is -- is to act on behalf of the people of Kerr 12-23-02 55 1 County, and I think if you look back at the record that 2 we've accomplished, that it's been one of measured progress 3 and considered and effective stewardship, and I'm going to 4 look back on these four years with a great deal of pride. 5 So, thank you, each and every one. 6 COMMISSIONER GRIFFIN: If I might add to 7 that, I certainly have learned from everybody on this court, 8 who I will consider friends forever. But everybody on this 9 court has brought something different to the table, which 10 has helped. Which has certainly helped me, I know. Buster, 11 God love him, is sort of our beacon that keeps us on the 12 straight and narrow. Always know where he stands; never a 13 question about that. Bill has always got the innovative 14 look and another way to get a grant, get some money that we 15 don't have to get from the taxpayer, and has done an 16 excellent job of that, and I'm sure will in the future. 17 Jonathan, the questioner. Always asking the good question 18 and bringing us back to the -- to the subject and keeping us 19 out of trouble. Sometimes frustrating, 'cause we want to 20 get the vote out, but Jonathan says, "One more question. 21 Just one more question." He's a little bit like Columbo. 22 (Laughter.) 23 COMMISSIONER GRIFFIN: "There's just one more 24 thing." And -- but it's great. And that dynamic has -- has 25 worked well for the Court. And, finally, Fred, consummate 12-23-02 56 1 pro. He has certainly brought a decorum and an attitude to 2 this Court that -- that I think is going to be hard for 3 anybody to match. It can be, I'm sure, but it's going to be 4 hard for anybody to match. And the people of Kerr County 5 have done well by all four of you. 6 COMMISSIONER BALDWIN: Thank you very much. 7 COMMISSIONER LETZ: Thank you. 8 JUDGE HENNEKE: Tommy, have you got an answer 9 for us? 10 MR. TOMLINSON: Yes, sir. He'll be back at 11 1:00. 12 JUDGE HENNEKE: Okay. Well, we will -- 13 MR. TOMLINSON: I would like to say 14 something. Buster alluded to it earlier, about -- about 15 putting out fires in county government. Well, I've been in 16 this business for 13 years, and I surely understand putting 17 out fires in county government. And -- and I just -- you 18 know, I've lost count of the number of Commissioners and 19 County Judges that I've worked with over this 13 years, 20 but -- and I always appreciated, you know, the dedication 21 and time that all elected officials commit to a job. And I 22 -- I just -- it's the last court for you two guys, and I 23 just, you know, want to tell you that I appreciate -- you 24 know, I've really enjoyed working with you. 25 JUDGE HENNEKE: Thank you. 12-23-02 57 1 COMMISSIONER GRIFFIN: Thanks. 2 JUDGE HENNEKE: We will stand adjourned, 3 and -- 4 COMMISSIONER WILLIAMS: Recessed. 5 JUDGE HENNEKE: -- those who are able will 6 meet again at 1 o'clock. 7 COMMISSIONER WILLIAMS: Adjourned or 8 recessed? 9 JUDGE HENNEKE: No, adjourned. 10 (Commissioners Court adjourned at 10:10 a.m.) 11 - - - - - - - - - - 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 County Clerk of the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 30th day of December, 20 2002. 21 22 23 JANNETT PIEPER, Kerr County Clerk 24 BY: _________________________________ Kathy Banik, Deputy County Clerk 25 Certified Shorthand Reporter 12-23-02