1 2 3 9 5 6 7 8 9 10 11 12 .-, 13 y 19 "' ` 15 16 17 18 19 20 21 22 23 24 25 ,r 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 i ~ ~;..,~ ~ .~~ ~`asy6 y ,. a .i y! d69LS s'`d~'97d sF aS9~6 #ds97/ ~ JS9`7 ~oZr971 ~~59 Lg si'dS47 i• y ~° Q~• ~as97s ~ydS9lo y 9 I N D E X August 23, 1999 Commissioners' Comments 2 PAGE 3 Approval Agenda Consideration Agenda: 2.1dJcxL Concept plan - Quinlan Creek Golf Resort 2.207.~976Final plat - Mountain Home Oaks 2.3.1S477preliminary plat extension - Saddlewood Estates 2.4aS97Y0ne-time funding for Courthouse Lighting Project 2.85979 Revision of Safety Policy 2.50"7 Workshop date - Third Party Administrator 2.6o2S9goRenewal of Law Enforcement Liability Insurance 2.7~Jn.~-- Selection process concerning Risk Manager 2.9~?,S`9Y/Designation of polling places for November 2 election, combine Precinct 910 & 909 2.1Od59P.1Appointment of Election Judges & alternates 2.11~9p3Appointing Central Counting Station personnel 2.12dS9PyBudget Amendment request - Engineering copier 2.13~~e..Technical/budget issues - S.O. computer network 2.14~96SResignation of Sheriff Kaiser s procedure for ~yg6appointment of interim acting Sheriff 2.16dS987Application by Guadalupe-Blanco River Authority 2.18}~,fv~equest for increase in civil fees 2.19a~yggMemorandum of Understanding w/Hill Country Council onAlcohol and Drug Abuse, Inc. 2.20o~9~urn Ban 2.15~Status of 1999-2000 budget 5 22 25 26 39 60 62, 120 65 68 72 79 76 77 80 93 109 119 117 119 121 3 ~--. 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 On Monday, August 23, 1999, at approximately 9:00 a.m., a Special Session of Kerr County Commissioners Court was held in the Commissioners Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE HENNEKE: It's 9 o'clock on Monday, August 23rd, 1999, and we'll call to order this Special Commissioners Court session. If y'all will please stand, join me in a word of prayer, followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE HENNEKE: Thank you. At this time, we would ask any citizen wishing to speak on an item not listed on the regular agenda who has filled out a form for consideration to come forward. Is there anyone in the audience who would wish to speak to us on an item which is not on the agenda? (No response.) JUDGE HENNEKE: Once again, are there any citizens in the audience who'd like to speak to us on an item which is not listed on today's agenda? Seeing none, we'll proceed directly, then, into the Commissioners' comments. Commissioner Baldwin? COMMISSIONER BALDWIN: I have no comments today, sir, thank you. 9 1 2 3 Judge. 9 5 6 ~ today. 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Commissioner Williams? COMMISSIONER WILLIAMS: Nothing at this point, JUDGE HENNEKE: Mr. Letz? COMMISSIONER LETZ: I don't believe I have anything JUDGE HENNEKE: Mr. Griffin? COMMISSIONER GRIFFIN: Nothing. JUDGE HENNEKE: All right. I have one comment. I was pleased to see in the press this past week where our own T.A.B.C. agent, Agent Hall, was selected as the Agent of the Year by the T.A.B.C. I'm always pleased when people outside of our County, and particularly the peers of our employees and the people who work with us, are recognized, people who work in Kerr County, far their excellence and their commitment to public service. So, congratulations to Mr. Hall for hfs selection as the T.A.B.C. Agent of the Year. Without any further comments -- COMMISSIONER BALDWIN: Judge, I do have one comment. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Mr. Vick walked in. Garrett Vick, please stand up. Garrett's a Troop 111 scout that is in observing his government and working on his merit badges, and we're happy you're here, Mr. Vick. Thank you very much. 5 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. VICK: Thank you. JUDGE HENNEKE: Good. Anything further? If not, we'll move into the approval agenda. Does anyone have any questions about the bills that have been presented for payment? COMMISSIONER BALDWIN: I do not. COMMIS3IONER LETZ: No. COMMISSIONER GRIFFIN: I move we pay the bills. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Before we do so, I have a question or two. Almost skated through. Somebody must have a hot lunch date. On Page 10, we have a bill for $90 from Hill Country Car Wash for detailing a vehicle. Do we have any information on that charge? It's about 10, 12 down. COMMISSIONER WILLIAMS: That escaped me. (Discussion off the record.) JUDGE HENNEKE: Also, No. 109967, $56 for ice. MR. TOMLINSON: What number is that? JUDGE HENNEKE: 967. MR. TOMLINSON: 9677 Maybe ice for crews? JUDGE HENNEKE: Right. You're probably right, that's probably ice for crews. MR. TOMLINSON: What it is, it's ready ice for -- they purchased 100 Number 8 bags. JUDGE HENNEKE: So, we think that's probably ice 6 .-. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 for the crews to take with them? MR. TOMLINSON: Uh-huh. JUDGE HENNEKE: It appears that the one on the detailing may be to remove oil and tar from a vehicle. That's what the note says at the bottom. All right. We had a motion by Commissioner Griffin „ second by Commissioner Letz, that we pay the bills as recommended by the Auditor. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget amendments. Do we have any budget amendments today, Tommy? MR. TOMLINSON: Only 11. JUDGE HENNEKE: Only 117 MR. TOMLINSON: It will get worse before the end of the year. JUDGE HENNEKE: All right. Budget Amendment No. 1 for the District Clerk. MR. TOMLINSON: Right. It's a transfer to Postage of 5907.07, 5134 from Lease Copier and 5273.07 from Employee Training. COMMISSIONER LET2: So moved. COMMISSIONER GRIFFIN: Second. 7 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we approve Budget Amendment No. 1 for the District Clerk. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 2, J.P. Precinct 3. MR. TOMLINSON: That is for a notary bond for his new clerk. Transferred 598.50 from Conferences to Bonds. COMMISSIONER LETZ: So move. COMMISSIONER WILLIAM3: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that we approve Budget Amendment Request No. 2 for Justice of the Peace Precinct 3. Any further questions or discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 3 for the County Auditor. .••. MR. TOMLINSON: Okay. This one is -- the first part of it is for conferences. I have my annual conference 8 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 coming up in October that I have to pay for in September, so -- and then the other thing is the $129.98 is for purchase of a fax machine. Our fax machine cratered, and it's one of those -- the old kind that's got the thermal paper in it. And, we can buy one for $129, so I'm requesting a transfer of $129.98 out of Office Supplies and $79.56 from Miscellaneous, 57 from Maintenance Contracts, and $141.41 from Employee Training. COMMISSIONER WILLIAMS: Move the amendment. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that we approve Budget Amendment Request No. 3 for the County Auditor. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Budget Amendment No. 9, Non-departmental. MR. TOMLINSON: This is to transfer $3,670 from Property Insurance to Autopsies and Inquest. Hopefully, we'll make the remainder of the year. COMMISSIONER LET2: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, 9 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 seconded by Commissioner Griffin, that we approve Budget Amendment Request No. 4, Non-departmental. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (NO response.) JUDGE HENNEKE: Motion carries. Number 5, Juvenile Probation. MR. TOMLINSON: Juvenile Probation is for -- one part of it is to increase Attorney Ad Litem line item by $3,000. The other one is to increase the Capital Outlay line item by $5,318 for the -- for the purchase of computers in the Juvenile Department out of this year's budget. They ordered -- they -- the State of Texas, the T.J.P.C. has some programming that they can use to monitor their -- their work with, and so they -- they want to transfer $2,818 from Computer Software, $3,000 from Alternate Housing, $400 from Conferences, $400 from Training, $300 from Travel, $500 from Diagnosis and Treatment, $900 from Machine Repair, and $500 from Medical to Capital Outlay. COMMISSIONER BALDWIN: Tommy, is that State money or is that -- MR. TOMLINSON: No. No, this is not -- COMMISSIONER BALDWIN: That's local money? MR. TOMLINSON: This is local. 10 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: And, we're going to change the budget, in the middle of the year, $5,300 because the State has a new computer program? MR. TOMLINSON: No, it's not new, but they have not -- the Department has not utilized that -- that software for some time, and they -- they -- that's their plan, is to use that to help the County Clerk's office as well as monitoring their case load. COMMISSIONER BALDWIN: I move that we approve this, but I simply don't understand why they can't wait a dang month and do -- and do a clean budget, instead of this kind of nonsense. We're talking about a month and a half till new budget. JUDGE HENNEKE: I think part of what they're trying to do is to utilize the funds that are available now instead of encumbering funds for next fiscal year. COMMISSIONER LETZ: That brings me to my problem. We have, evidently, a lot of items that they don't use -- didn't use this year. I mean, Medical, Machine Repair, Diagnosis and Treatment, and Travel, they haven't used any of their funds that we budgeted in any of those categories so far this year, so why are we budgeting? I mean, if they're not going to use the funds in the category, I want to take a hard look at next year's budget, because there shouldn't be excess in those categories in that amount. I mean, it's one 11 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 la 19 20 21 22 23 29 25 thing if you use half of it or a portion of it, but to not use any of it, you know, we're doing something wrong or they're doing something wrong. MR. TOMLINSON: Well, that -- this budget is one that you'll -- that's an issue that you'll have to take up with the Juvenile Board, because the Board -- the Board approves this budget, as well as the State budget, in their -- they -- they're designed to complement each other as far as the application of State monies and local monies, and so, you know, that's the only answer I can give you. COMMISSIONER GRIFFIN: But, certainly, that is a legitimate budget concern that we can address during the last part of our budget process. I mean, we can look at those and if there is something -- if they don't have a requirement for it, then we won't budget for it. JUDGE HENNEKE: Well, this is the -- this is a tricky budget, as Tommy's trying to tell you all. Under the law, Commissioners Court only approves the amount of the Juvenile Probation Department budget, and not a specific line item. The line items are presented to the Court, really, as a courtesy. I will also tell you that I've spoken to Kevin about this very issue. What he has told me is that only after -- having only been here for six months, he's not comfortable in making any radical changes in the budget till he has a longer history of running the department. But, 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we've already identified two of the areas where we're going to address, and that -- and not in this budget year, but the next budget year, after he's had enough time to really have a feel for what he needs and what he doesn't need. COMMISSIONER LETZ: If we don't have any authority of where the money gets spent, why is it brought to us for approval -- for amendment? Why not just do it -- let the Juvenile Board just do it? JUDGE HENNEKE: Well, again, it's as much a courtesy as anything else, but we do have to -- MR. TOMLINSON: There's been an A.G. opinion out for some time that -- that speaks to what the Judge just said, and part of that opinion says that -- that it's a courtesy to -- for the Board to inform them of what they do. COMMISSIONER LETZ: I appreciate the courtesy, but I don't see a reason why we should vote on an amendment to the budget. MR. TOMLINSON: Well, there is no need to, really. JUDGE HENNEKE: We -- this amendment really has to come before the Juvenile Board, so why don't we just pull this one and proceed on to -- MR. TOMLINSON: All right. JUDGE HENNEKE: Next Item is No. 6, a budget amendment request from the County Treasurer. MR. TOMLINSON: This is to transfer $300.86 from 13 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Part-Time Salary to Postage. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Budget Amendment No. 6 passes. Number 7 is the Constable, Precinct 2. MR. TOMLINSON: Okay. This is for -- I think for replacement of a tire on his vehicle, and he's requested $193.20 moved from Postage to Miscellaneous. He does -- there's no line item in his budget for automotive repairs, so that's what it's for. COMMISSIONER WILLIAMS: I guess we can assume we won't be mailing out too many letters between now and the end of the budget year. So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that we approve Budget Amendment Request No. 7 for the Constable, Precinct 2. COMMISSIONER LETZ: Just a comment. To me -- JUDGE HENNEKE: Any discussion? 14 1 2 3 9 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: -- this is a precedent. We have never done this for any of the constables, taking on their vehicular repairs. There's a reason there's not a line item in the budget for automotive repairs, 'cause we don't do it, or haven't. And it's not in the next year's budget, either. I'm opposed to it. They're given a travel allowance and a salary that is to make up, at this point, anyway, their vehicle expenses. COMMISSIONER WILLIAMS: Interesting point. COMMISSIONER BALDWIN: I think that's what the -- I think that's what the travel in our budget is for, is we pay them to use their own vehicle. COMMISSIONER LETZ: And, I mean, I think Constable Williams has voiced his displeasure with this policy, you know, several times in court. But, currently, that's the way it's been budgeted. COMMISSIONER WILLIAMS: He's voiced his displeasure over the automobile factor. I'm not so sure I've heard him talk about blown tires, but -- COMMISSIONER BALDWIN: If that's what it's for, I'm going to have to oppose it. COMMISSIONER WILLIAMS: That's what he told you, Tommy? For a blown out tire? MR. TOMLINSON: Well, it doesn't say -- it's for four tire mounts and four tine balancings. So, for that 15 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 price, I'm assuming that part of it is a tire, too. COMMISSIONER WILLIAMS: And then the line item in his budget, the line item that deals with automotive reimbursement, is there any money left, or can you tell at this point? MR. TOMLINSON: No, that's the part -- he gets that per month. COMMISSIONER WILLIAMS: That's an allowance? MR. TOMLINSON: That's an allowance, yes. COMMISSIONER WILLIAMS: I'll withdraw it until we change the policy, but I think that's another illustration of our need to take a look at some of these things with regard to what happens to people who legitimately travel for business on behalf of the County. And, if the funds are not adequate in the line items where they belong, I think we ought to -- it's our responsibility to make them adequate. So, I'll withdraw it on the basis of this. JUDGE HENNEKE: At this time, hearing no motion in favor of Budget Amendment No. 7, we'll consider that disapproved and move on to Budget Amendment No. 8 for the County Jail. MR. TOMLINSON: Number 8 is to move $7,105.02 into Part-Time Salaries, $1,289.61 to Prisoner Transfer, $405.53 to Prisoner Supplies, $3.58 to Indigent Care, and $333.60 to Overtime; to move from Jailers' Salaries $7,105.02, and the 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Cook line item for S2,027.38. COMMISSIONER LETZ: So moved, and I have a question. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we approve Budget Amendment Request No. 8. Any further discussion? COMMISSIONER LETZ: Is there a reason why there's a fair amount of excess funds in the Cook budget? Is it -- do you know? MR. TOMLINSON: I can't answer that one. The Treasurer's here. She might be able to -- MS. NEMEC: I think there was enough money in that budget for two cooks, and there for a while she was working with lust one. COMMISSIONER LETZ: Thank you. JUDGE HENNEKE: Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Budget Amendment No. 9 regarding the Sheriff's Department. MR. TOMLIN3ON: Okay. This amendment is to move 56,000 into Vehicle Repairs and Maintenance, 51,500 to Radio 17 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Repairs, $800 into Office Supplies, to be moved from Insurance Liability for $3,271, Vehicle Insurance, $3,911.25, and Maintenance Contracts for $1,117.75. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we approve Budget Amendment Request No. 9 from the Sheriff`s Department. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 10, J.P. Precinct 2. MR. TOMLINSON: This is a request from Dawn Wright to transfer $171.84 to Office Supplies from Books, Publications, and Dues. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that we approve Budget Amendment Request No. 10 from J.P. Precinct 2. All in favor, raise your right hand. (The motion was carried by unanimous vote.) 18 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 la 19 20 21 22 23 29 25 JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Number 11, regarding the County Jail. MR. TOMLINSON: Okay, County Jail. It's to move $6,927 from the Cooks line item into Overtime. COMMISSIONER LET2: Question. I don't have a problem with the overall change, but it seems to me a better spot to take this out of would be Jailers' Salaries. Is there a reason they want to take it out of the Cooks instead of Jailers' Salaries? MR. TOMLINSON: There's just money there, and -- one or the other. COMMISSIONER LET2: It just seems to me it tracks better. Because, I mean, generally when there's a fairly large overtime expense in the jail, it's because they're understaffed, there are usually fewer salaries and the same people are working more hours. But, I mean, it doesn't make any difference, dollar-wise. COMMISSIONER WILLIAMS: Is Overtime -- MR. TOMLINSON: Well, I think there's -- we have a better handle on what the actual expenses are going to be for the Cook, as opposed to what they are going to be for the Jail for the rest of the year, so that's -- COMMISSIONER WILLIAMS: To your knowledge, Tommy, 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 was the overtime in the kitchen or was it in the jail, generally in the jail? MR. TOMLINSON: No, it's in the jail. COMMISSIONER WILLIAMS: In the jail. I think I tend to agree with Commissioner Letz. COMMISSIONER LETZ: Based on that other amendment we did, there's about $195,000 unexpended balance in the Jailers' Salaries. I mean -- but, like I say, it doesn't make that much difference to me. I think it tracks better, but it's the same money. COMMISSIONER BALDWIN: Has anybody made a motion? JUDGE HENNEKE: Not at this point. COMMISSIONER BALDWIN: I'd like to make a motion we approve it. COMMISSIONER WILLIAMS: As submitted? COMMISSIONER BALDWIN: As submitted by the County Auditor. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Griffin, that we approve Budget Amendment Request No. 9 for the Sheriff's Department -- COMMISSIONER LETZ: Number 11. JUDGE HENNEKE: Number 11. Budget Amendment No. 11 for the Jail. Any further discussion? COMMISSIONER GRIFFIN: Yes. There is a point, 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 though -- and I certainly agree with Commissioner Letz that there is a big pot of money, it looks like -- or not a big pot of money, but there is considerable overbudgeted money in the Jailers' Salaries, and I think we need to look at that very carefully during the next budget cycle. COMMISSIONER WILLIAMS: I'm not sure if it's overbudgeted or underexpended -- underexpended because the census is lower. COMMISSIONER LETZ: Right. COMMISSIONER GRIFFIN: Yes. And it's just something I think we ought to look at, because that -- those funds could have certainly been used somewhere else for other pressing needs and radios and other things. Maybe we just need to take a careful look. JUDGE HENNEKE: As you may recall, in the budget we're working on now, we had to leave the funding basically at the same level, but the Sheriff is requesting that we take enough dollars from the Jailers' Salaries to hire another deputy. COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: We're addressing that situation to a certain extent in the budget we're working on now. COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: If there's no further discussion, all in favor, raise your right hand. 21 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Do we have any late bills, Mr. Auditor? MR. TOMLINSON: I have one from Judge Karl Prohl. It's in the amount of 5872, for reimbursement of a conference that he attended in Dallas, Texas. COMMISSIONER LETZ: So moved. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Williams, that we approve the late bill in the amount of 5872 and reimburse Judge Karl Prohl for attending a conference. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Next item on the approval agenda is to approve and accept the monthly reports. COMMISSIONER LET2: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we approve and accept the monthly reports as presented. Any further discussion? z2 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Moving right along to the consideration agenda. First item is consider and discuss plan for Quinlan Creek Golf Resort, Limited. Commissioner Letz? COMMISSIONER LETZ: This is one I put on the agenda, along with the County Engineer. We both met with the developer on this plan and thought it would be a good idea to bring it to the full Court. It's a very large development plan. It's the old Camera Safari property and some of the Whiskey Canyon property, and it's a fairly high-profile project. I thought everyone would be interested in looking at it. I think the developer would appreciate any comments from the full Court before they get too far into the process. Franklin, any comments? MR. JOHNSTON: That's all I had, other than to introduce Mr. Kerry. COMMISSIONER LETZ: Mr. Kerry? MR. KERRY: Would y'all care to look at the larger color rendering? I think y'all have -- y'all did receive a copy of it? COMMISSIONER GRIFFIN: Yes, a small one. 23 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Small one. COMMISSIONER LETZ: That's probably big enough. He has an even bigger one, but this is -- MR. KERRY: Is that okay? All right. JUDGE HENNEKE: Tell us about it. MR. KERRY: Well, our plan is to develop the 230-acre tract that was formerly the Kerrville Camera Safari as an 18-hole golf course. Currently, it's 6,100 yards and Par 70. We plan to extend it to 7,000 yards. On the hilltop above, where you see the light blue color, that is currently planned for 240 units of townhouse and patio homes, with an 18-hole putting green in the center of the patio home section. And, beyond that in the back would be an estate section that would have 2 1/2- to 15-acre estate lots. On the corner next to the Exxon station, we propose a 300-room hotel/conference center with approximately 20,000 square feet of -- of conference area, and a destination restaurant and health club and spa in the commercial area. COMMISSIONER WILLIAMS: How big is the hotel? MR. KERRY: Three hundred -- we're hoping 300 rooms. We have had numerous meetings with different hotel groups that have an interest in coming in, and different hotel management development groups -- I mean, golf course management groups. COMMISSIONER WILLIAMS: Have you established a 24 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 timeline for this proposal? MR. KERRY: Well, we have not, because we've had a little bit of a setback in that we've discovered that TexDOT will probably not allow us to use the current entryway that is there now, and we're going to have to relocate the entry down on Highway 16 where there's better sight distance, that would be a safer entryway to the project than what is currently there. So, that's going to set us back some. COMMISSIONER WILLIAMS: Does your plan contemplate the Exxon station staying in existence, or -- MR. KERRY: Yes, sir. Yes, sir. COMMISSIONER WILLIAMS: -- is that going to be part of your acquisition? MR. KERRY: No, six, we're not acquiring that, but it will stay where it is. COMMISSIONER LET?: This is a development that I think about a third of it, I guess, is in the the E.T.J., and then the balance of it is further back -- the hilltop area and the estates area is in the county, so it's going to be a joint effort from the -- from their standpoint of platting between both entities. MR. KERRY: Right. COMMISSIONER LETZ: And I think we're also talking with the City regarding using wasterwater, potentially, things of that nature. 25 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. KERRY: Yes, sir, that's correct. COMMISSIONER BALDWIN: That's exciting. Thank you. MR. KERRY: Thank you. COMMISSIONER LETZ: Thank you very much. JUDGE HENNEKE: Thank you, Jon. Next item on the agenda, Item No. 2, is to consider the final plat of Mountain Home Oaks Subdivision. Commissioner Griffin? COMMISSIONER GRIFFIN: Franklin? MR. JOHNSTON: Mountain Home Oaks is requesting a final plat approval. The roads are not complete at this time, and they have submitted a Letter of Credit to cover the balance of the road construction to our specifications to be a County road. They have had a -- a drainage study made and they're placing their culverts in accordance with the drainage, and they've placed that on the final plat, drainage easement. So, I would recommend final approval. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Baldwin, that we approve the final plat of Mountain Home Oaks Subdivision. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) 26 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Motion carries. Next item is Item No. 3, which is consider the extension of preliminary plat of Saddlewood Estates, Section II, Precinct 1. Commissioner Baldwin? COMMISSIONER BALDWIN: Mr. Johnston? MR. JOHNSTON: I placed this on the agenda at the request of -- as a result of a letter from Charles Domingues, but it was, I assume, at the request of David Cummings, the developer in that area. I have very little information on that, other than that I think he wants to address the Court about extending his preliminary plat another period of time. I'll let him or his representative make the presentation. JUDGE HENNEKE: We've had a request by David Jackson, and David Cummings is here and Larry Reichenau, to address us on this issue. So, David, do you want to come forward? MR. JACKSON: What we're here primarily to do -- and I guess the first question we should address is the timing of this -- is to request a further extension on the preliminary plat. At this present time, I believe it runs out some time in September; I forget the exact day. What has happened that the Court may or may not be aware of, although some information has been furnished to you, is that the City has said that the developer has until February of 2000 to comply with all the requirements of the City. What has z7 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 happened is that this developer began a long time ago, and has continuously pursued all the requirements, not only of the County, but of the City -- but, most specifically, the City. I spoke with the City Attorney, in addition to the letter you already received from David, about the events that led us to this point, and he confirmed that what had happened was that the developer was delayed a long, long period of time because of the City's decision-making process, to decide what can and should be done in that subdivision. The bad news, I guess, is we're not quite there. We need until at least the end of the year, perhaps till February of 2000. The good news is we've made good progress since the last extension was granted. Specifically -- and Mr. Reichenau and Mr. Cummings can speak to these issues separately, but I thought the Court would like to hear exactly what has been going on. They've let contracts for everything, the work is ongoing for everything, and the City is inspecting. And, that's another issue I think we need to address, is whether or not you want the County to inspect all of this work as well as the City, or is the City inspecting? Since 1996, I understand that's been kind of an ongoing issue. So, the big question is, when a developer is faced with a dilemma of an E.T.J. project, the City has its own 28 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 timeframes, you have your timeframes. What must the developer do in terms of those timeframes? It appears a lot of this the developer has no control over, and that's understandable. You really want compliance with all of that, and there's a specific statute that says that the developer has to comply with both requirements. But, I think it also makes it clear that if the City has more stringent requirements -- longer timeframes would be my interpretation -- then the County, I think, needs to go along with that. And, that's why we`re here. So, let me just stop here first and say, I know one issue is do you apply for an extension before or after your last extension expires? And, the answer is, i think you can do it either way. I know the County Attorney has provided you some information. I did not talk with him, although I did glance very briefly at what he had provided to you this morning, which Commissioner Baldwin gave me. If you want us to apply for that extension after the present extension expires, we'd be happy to do that. We're here because we didn't want there to be an issue or an implication of that. Second question is, can you grant an extension for more than one year plus six months? I`ve concluded yes, you can, and I think the County Attorney has done the same. And, the third issue, then, is what do you do and what are the circumstances under which you would or would not grant that? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 I think the County Attorney has said that you can consider all these circumstances, and I think the County Attorney has left it up to the Court as to what they want to do. The only thing I'd add to what the County Attorney's already told you is that there is a specific law that tries to address this overlap of responsibilities. I have some additional information I can provide, but let me just stop on that -- on timing. Maybe the Court could address any questions to me or the other folks that are here. How do you want to do this? I don't want to go through the next 5- or 10-minute presentation, or however much time you'd like to allow me, if the Court is going to say, "Well, look, I hear what you're saying; these are good issues, but why don't you come back in September and why don't you tell us exactly where you are then?" COMMISSIONER BALDWIN: I'd like to make a comment. In our previous meeting, when we granted the extension, I said that I wasn't in favor of granting another extension until we got a legal opinion. And, we have it here, and it appears to me -- and I agree with your assessment of it -- that we can grant other extensions basically any time we want to, kind of. And, so, I'm -- I am -- I don't know if the timing of the -- of the extension -- it seems to me that the proper way to do it is let this -- the extension that's in place now run its course, and then come back for another 30 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 extension. Wasn't that your question? MR. JACKSON: It is. COMMISSIONER BALDWIN: Yeah. It just appears to me that that's the proper way to do it. COMMISSIONER that. However, to me, runs out, because that COMMISSIONER COMMISSIONER COMMISSIONER let's don't grant three COMMISSIONER COMMISSIONER then -- GRIFFIN: it seems way then BALDWIN: GRIFFIN: BALDWIN: or four GRIFFIN: BALDWIN: I don't see any problem with cleaner to do it before it e is a continuity -- Well, I agree. -- either way. Before it runs out, yes, but extensions today. Oh, no. Let it run its course, and COMMISSIONER GRIFFIN: If we know that -- if we know, though, that an extension is going to be required, I think it's prudent to consider it before the current extension runs out. COMMISSIONER BALDWIN: I agree. COMMISSIONER GRIFFIN: So that it would be continuous. We'd say, "Okay, there's another six months," or whatever it is. And, I think that when we review our Subdivision Rules and Regulations, we can probably clarify this issue based on what the -- Mr. Pollard has told us in his opinion, and I think we can probably make this a little 31 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 bit more straightforward when a similar situation arises in the future. But, for now, I would commend -- I would commend you coming forward now so that we can decide whether we want to let it run out or -- or whether to go ahead and do something now. COMMISSIONER WILLIAMS: I would agree with that. And, I think Mr. Pollard was making a point in his conclusion that the Court necessarily had to let the one year expire to determine whether or not sufficient had taken place during that one year period, but we're in the extension now. And, he goes on to point out that it would be logical that the application far extension would have had to be made sufficiently early enough in the 6-month period. So, I would concur with with that, that this would be an appropriate time to do that. And, having read his -- his opinion several times to make sure I understood it, I don't see that -- he points out there is no prohibition, so I do think -- although I think it is something we do need to address in the future in the Subdivision Rules. COMMISSIONER BALDWIN: What is the run-out date? JUDGE HENNEKE: September the 9th is what we approved it to. COMMISSIONER WILLIAMS: So, it's -- MR. JACKSON: 9/9/99. COMMISSIONER LETZ: I agree. I think it should be 32 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 29 25 done prior to its running out; I think it's cleaner that way. The question, to me, comes more back into a -- this subdivision was approved before our current rules were in effect, and that was an issue earlier as to, I guess, some of the inspection issues when this thing first came up for final plat approval. MR. JACKSON: Sure. COMMISSIONER LETZ: And, rather than -- I guess I'd be more comfortable if the County Engineer had -- and from what he said earlier, I presume he hasn't -- would get with either the City or the developer or Mr. Reichenau and make sure that he's comfortable with the status of the drainage in the roads, which was the issue that I recall the first time around which came to us, where it was, you know, brought up over who was doing the inspecting on this and how they're doing it. I think the -- if we are going to grant extensions, we have an opportunity to make sure that things are done properly. I think it's a great development; I don`t have any problem with that. I think it needs to be cleared up who's going to do what. And I don't know if Franklin had time to do that yet. He said he was not real familiar with this coming in today. JUDGE HENNEKE: Maybe at this point, what we need to do is ask Franklin what his comfort level is with the status of the improvements, as far as our requirements are 33 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 concerned. MR. JOHNSTON: At the present time, I have not been inspecting it. I think -- I think the P and 2 specifically asked the City -- the City Director of Public Works, City Engineer, and their Inspection Department -- MR. JACKSON: Right. MR. JOHNSTON: -- to actually do the inspections, and that be would fine with me, if they'd lust give us copies of what they -- what they find so we'd have them on tile. JUDGE HENNEKE: Let's make sure we all understand. We're going to ask our County Engineer -- MR. JACKSON: That's fine. JUDGE HENNEKE: -- to come sign for the final plat approval, "Has everything been done by the County requirements?" MR. JACKSON: Okay. JUDGE HENNEKE: And, if he's unable to tell us, "Yes, they have," then final plat approval is going to be in question. So, it's incumbent, in my opinion, upon the developer -- MR. JACKSON: Mm-hmm. JUDGE HENNEKE: -- to make sure that the proper County inspections are performed, or that there is an agreement that the County's going to accept the City inspections, which probably would need to come to us. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. JACKSON: I think there is such -- JUDGE HENNEKE: There is nothing before this Court that says we're going to sign off based on the City inspection, because we don't have the authority to do that. MR. JACKSON: Okay. That is the issue I'm raising today, so that we are clear on this point, at this early juncture. Where we axe in the process is, as I say, is the engineers are now in the process of doing this, now that KPUB and all these entities have finally approved all the plans. My understanding is that Franklin had talked to the City staff and generally was going to rely upon the City inspections. In fact, I've got minutes that the City's done that -- I appreciate the fact that the Court's different from the City, but let's do reach an agreement: A, Do we need today to ask the Court to accept that agreement on this subdivision for this E.T.J. in this situation? Or, B, we'd be happy to involve the County Engineer at every stage, but there'll be two inspections. And, that's fine. I just -- I agree with the Court and I agree with you, Judge, that we don't want to get to this stage and go, "Well, we didn't have a clear plan." Absolutely true, and that's where we stand here. JUDGE HENNEKE: That has to come from our County Engineer. He's got to make the decision, "i want to inspect," or "I'm going to accept the City inspections." 35 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 And, if he's willing to accept the City inspections, then he needs to bring that to us and there needs to be, in my opinion, an interlocal agreement or something. MR. JOHNSTON: It's in the E.T.J. Traditionally, the City would do the inspecting in the E.T.J. subdivisions, but if they would just share all their -- their reports with us, I think, you know, we'd have a chance to look at them, see if that would satisfy us. We won't know till we see them. If not, I'll be glad to qo out and look at it. JUDGE HENNEKE: Jonathan? COMMISSIONER LETZ: I don't know that we need an interlocal agreement. I think that -- I mean, because in the past we've -- I think the City and the County Engineering Department have worked together. MR. JOHNSTON: Mm-hmm. COMMISSIONER LETZ: I just think -- you know, I just -- you know, I agree with you that it's up to the County Engineer, in my opinion, if he's comfortable using the City's, you know, reports or meeting with them, however he wants to handle it, because we are -- I am going to look to the County Engineer to sign off on it as the ultimate -- you know, before the County -- MR. JOHNSTON: If they periodically, as they make inspections, you know, put us on their mailing list and get us copies of their reports, I'm sure we'll be -- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: It would probably be cleanest if -- you know, probably, Franklin, if you could just write a letter to the City, tell them how you want to handle it. MR. JOHNSTON: Okay. COMMISSIONER LETZ: That way, there's no question. JUDGE HENNEKE: It's important that we settle this. We've discussed the Quinlan Creek project; that's certainly going to come up, same issues are going to come up on that project. So, I think, bottom line, if I can "bottom line" it, is Franklin signs off on the final plat. He's our man. If he's not comfortable and he stands up here and says he hasn't been properly kept informed or whatever, then -- MR. JOHNSTON: Okay. JUDGE HENNEKE: -- we have a major train wreck. MR. JACKSON: We'll make sure that he's informed and a train wreck's avoided. The rest of what I was going to present was legal argument and further presentation of what's happened over all these months, to show the Court that, unlike what may happen in some situations where you get a preliminary plat and you don't do anything, this developer and all of these people, even the City, as confirmed, the City Engineer, Mr. Dower, and the City Attorney have been working hard at what we're doing, based upon the vesting statute. That's what delayed us a long time, as to whether it did or didn't apply. The City concluded that it did 37 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 apply. That meant you were vested at the time you applied, with the rules and regulations that were in effect then. I don't want to take the Court through a 15-minute presentation unless you're interested in that issue. So, with respect, I would ask, do you want me to go through all of that history? You've already received some information. COMMISSIONER BALDWIN: Say no. MR. JACKSON: If it's not an issue, I don't want to bother the Court with all of that. COMMISSIONER BALDWIN: heard the story. MR. JACKSON: Okay. COMMISSIONER BALDWIN: I had sat down with them and 4uite sad. COMMISSIONER LETZ: I do have, I guess, one other, I guess, question to make sure we're not -- nothing falls through the cracks. This is regarding Section II. Is the entirety of Section II in the E.T.J. or -- MR. JACKSON: Yes. COMMISSIONER LETZ: Is it? MR. JACKSON: Yes, it is. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: You're asking for six months? MR. JACKSON: Yes. My suggestion, frankly, would be to lust make it February 2000. That's not exactly six 38 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 months, but that's when the City's runs out, and I think that would be exactly appropriate. I mean, you could ask for six months, and that's a little longer than that. Why don't you just make it straight February 2000? COMMISSIONER HALDWIN: That's fine. MR. JACKSON: To coincide with the City. JUDGE HENNEKE: I'd like to keep it at the rate of six months and to go March 9th. MR. JACKSON: Either way is fine. JUDGE HENNEKE: Hut, I'll make a comment, and the comment is only mine, that we do intend to make some fairly substantial revisions to the Subdivision Rules, and I think anything that comes before us after those are adopted will have to meet the new rules. So -- MR. JACKSON: And -- JUDGE HENNEKE: -- on February 9th, 2000, if y'all come in for another extension, I think you're going to find a situation where there may be some tweaking to be done. MR. JACKSON: Okay. The only other thing that I would observe in that platting process -- again, not with this specific proposal -- is to try to address in some way in that revision what does happen in the E.T.J. It's a little awkward. I know I've represented several clients, and it's no one's fault. It's just -- it gets a little back and forth, in that you don't want anybody to get stuck in the 39 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 middle of the regulatory process between two entities. Quite frankly, you want them to comply with everybody and to figure out how that all works, so that may be one area to address. Mr. Cummings, Mr. Reichenau, anything to add? We thank you for your time. COMMISSIONER HALDWIN: I move that we extend the preliminary plat of Saddlewood Estates, Section II, to March 9th, 2000. COMMISSIONER WILLIAMS: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Williams, that we extend the preliminary plat approval of Saddlewood Estates, Section II, until March the 9th, Year 2000. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, David. MR. JACKSON: Have a good day. JUDGE HENNEKE: Next item is Item No. 4, consider and discuss one-time funding of $5,000 for Courthouse Square holiday lighting project and other related items. Commissioner Williams? COMMISSIONER WILLIAMS: With the temperature on the thermometer hanging upward to 100 degrees-plus and hurricanes 90 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 blowing in on the coast, it almost seems a little inappropriate to be talking about this, but we are in the latter part of August, coming up on September, and the installation date for the project would be in the latter part of the month of October. So, with that in mind, I've asked Mr. Donaubauer, who is acting as our fundraising chairman for this project, to give the Court an updated report on the monies that have been solicited from businesses and the community at large, and General Schellhase, if he will, to step us through the courthouse lighting design so that the Court can see exactly what is in store for the lighting project for this year. Mr. Donabauer7 MR. DONAUBAUER: Thank you very much, Commissioner Williams. Your Honor, mast worthy Commissioners, we thank you for the privilege of being back on the agenda, and trust that this brief updating of where we stand will excite you in the same manner that it is exciting to members of the committee, who are going to be further exposed through the charts that have been developed by General Schellhase. I think you'll be pleased that we do have a community response to the project. How much have we raised from individuals from the private sector? About $10,000 has come in, and another $9,500-plus has been committed, so we're approaching the halfway mark of our goal. And, keep in mind that most of the 91 1 2 3 9 5 6 7 8 9 to 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 money will be spent on the proposed courthouse lighting plan, which we think is going to be outstanding. I have in my possession a breakdown of what it was last Wednesday, about four and a half pages of contributions from individuals. Tomorrow we make a special plea to the City of Kerrville. Now, you can give us a big boost, a big push, a thrust, if you please, and lift us up with the support from the Commissioners Court. It's great, public relations-wise. It will help make this the best-illuminated, most attractive, most appealing, magnetic courthouse in the state of Texas. And that's our aim, is to do something that will cause the community to sparkle and be proud of its contributions and of the work of others. Jim Murphy had to leave. You may wonder what happens to former judges. Well we're delighted that Judge Bob Denson there is one of our monitors, and he has a keen interest in this. If nothing else, just to see how to do it, to keep from climbing. And, I mentioned General Schellhase. Ne shared his talents; exceptional, extraordinary man, and I'm going to ask him quickly to reflect on the work that he did on these charts and then pass them around to you. And, oh yes, Commissioner Baldwin, I do have little pledge forms for individuals who might be interested. COMMISSIONER BALDWIN: I appreciate that. MR. DONAUBAUER: So -- 92 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: I'd like to add -- and you don't have to give me one; I'll give you my check now. MR. DONAUBAUER: Oh, thank you. May I come forward? COMMISSIONER WILLIAMS: I would like to add that former Judge Denson has picked up part of the project and has made the arrangements with Hill Country Telephone Co-op for the insertion of this flier in their telephone bill, following up on what happened with Kerrville Telephone Company. So, we do anticipate another infusion of cash via the telephone payment, these people paying their telephone bills, similar to what we got at the outset, and that will go a long way toward getting this project done. General Schellhase, do you want to step us through all that? MR. SCHELLHASE: What we have here is the organizational committee that was set up to carry out this function. We have each of the areas that address fundraising, the volunteers to do the work, the property as to what we're going to do physically at the site, the public -- the community relations. We have people that are going out and addressing the community to get donations and support that. The logistics of trying to put all this together, the lighting design which was physically put on the building, and the administration of putting all this together. We have the people that do the mailings and keep track of all that. So, 43 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 we had quite a few individuals involved as we went along. This is a general layout of the courthouse. There`s intended to be nothing done on the annex at this time. We would like to do all the trees where we have power, and all that's planned at this time axe the four major, large trees at the corners, and it's dependent upon how the funds come in as to how much we will spend on that. And then the courthouse, itself, the 3ai1 cell up on the top perimeter, and the perimeter all around the outside edge. This involves -- the courthouse is roughly 110 feet long, and intends to outline the top, as I mentioned, through the horizon, and Mark is following the design of the building, and then doing a vertical permanent installation that we can anchor permanently to the bottom at the flower bed edge, as opposed to dust tying them down, making no attachments to the building at all. There are some hooks in the building, but our plan was not to use any of those. And, of course, put the main entrance to the courthouse back like we had it last year. This involves roughly 85 strings of lights that run around 35 feet long, from top to bottom. And, this is generally the photograph of the building and what it will look like in the decorated stage. The intent on the -- on the outside edge is to put permanent anchors into the flower bed with steel rods with a hook on them, driven down flush with the flower bed so that they can 94 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 be used from year to year. Those will be roughly 18 inches from center all through the flower bed. The intent on the roof is to not anchor or anything to the roof, but use a weight system up on the roof, itself, so these lights can be removed at the end of the season. But, the lights in the trees will remain, except for the trunks, which they would be moved up higher and just left stored in the trees. The plan is to use a C-7 1/2 light this year, as opposed to the twinkly lights. They tell us we have between a 5- and a 7-year life on those, so they thought that the tree lights will be left in place. COMMISSIONER BALDWIN: Walter, the -- this thing here where you're anchoring it by weight at the top and it just kind of drapes down? MR. SCHELLHASE: Right. COMMISSIONER BALDWIN: Is that how they do it in Johnson City? MR. SCHELLHASE: Yes. COMMISSIONER BALDWIN: And, how do you anchor it at the bottom to keep it -- MR. SCHELLHASE: This will be, like, a rebar -- 5-inch rebar with a hook on it 3 feet long that we'll drive into the ground and use a bungee strap. Put a loop in the wire, itself, and put a bungee strap on the two hooks so it will keep it taut. And we've been over all this with Glenn, 95 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 and the only question we have is if we had some high wind, what would happen in the horizontal direction? And what we talked about was to put an intermediate tie from one wire to the other and just put them all together, so if they did move, the whole system would have to move. COMMISSIONER BALDWIN: Good. That's excellent. COMMISSIONER WILLIAMS: In addition to that presentation, do you guys want to have that passed around so you can see it? MR. DONAUBAUER: Would you like to see it? COMMISSIONER LETZ: No, I can see it fine. COMMISSIONER WILLIAMS: The agenda item contemplates asking L.C.R.A. for assistance in funding the lighting of the courthouse, itself. We have been led to believe that L.C.R.A. might look favorably upon this, and so what the agenda item does is ask the Court for permission to file a grant application with L.C.R.A., which would take care of a large measure of the courthouse installation and hopefully fund the annex next year when that is completed. And, it is contemplated that the annex will be lighted similarly to what the courthouse has been lighted this year. That's the nature of the agenda item. MR. DONAUBAUER: Finally, Mr. Williams and members of the Court, Commissioner Williams' assistance in organizing this committee and steering it into a -- a permanent working 96 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 body has been invaluable. We're grateful to you for paving the way and inspiring people to respond. It takes people to do things, and you certainly have been a vital factor. Thank you for the privilege of being with you. If there are no further questions, I'll sit down and yield to the continuation of the agenda. JUDGE HENNEKE: Does anyone have any questions? Further questions? COMMISSIONER BALDWIN: I have a couple. COMMISSIONER LETZ: I don't know if they're questions or comments or what that I have. I guess -- well, I'll defer to Commissioner Baldwin; he's Number 1. COMMISSIONER BALDWIN: You want me to go first, huh? I see. Okay, that's fine; I can do it. My questions are actually simple. The $5,000 -- in your notes here, it says one-time $5,000 funding for courthouse lighting is to purchase and install, and then down in Number 3 it says the $5,000 is for a match for a grant. I hope we can do this. This would be great. If we go out and spend $5,000 on lights and install them, then that will be our match for the grant? COMMISSIONER WILLIAMS: I don't kttow about match, but I was led to believe, Commissioner, that L.C.R.A. would -- would wish for us to have some participation monetarily, and the $5,000 contribution on our part would be for two reasons. One, I think the Court ought to participate in the 97 1 2 3 9 5 6 7 a 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 lighting of its own courthouse to some extent. And it could be utilized or considered by L.C.R.A. as our participation in the grant; not necessarily a match. JUDGE HENNEKE: If I could interject here, the L.C.R.A. grant program requires a 20 percent match of anything that that's over $5,000. So, for instance, if we ask for $25,000 from the L.C.R.A., they would require us to have $5,000 to continue to meet the matching requirement. COMMISSIONER LETZ: Doesn't -- on the match requirement, wouldn't the amount the community is raising or the project people are raising go towards that? In addition, wouldn't the time of our Maintenance Department also be -- JUDGE HENNEKE: I don't -- I'm not sure the time of the Maintenance Department would, but certainly the funds that are -- any funds that are raised, any kind of contribution would be. COMMISSIONER LETZ: I guess -- go ahead. COMMISSIONER BALDWIN: Well, are you going to let me ask my questions or are you just going to -- let me -- I have one more question. Continue Kerr County's in-kind participation as in the previous four years. I assume that's -- we're talking about using our Maintenance people to go and help string the lights up and those kind of things. There has been -- there has been some conflict there in the past, pulling our Maintenance people off of -- off their normal 98 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 day-to-day duties to go out and change some light bulbs and those kind of things; I'm kind of simplifying here. And, I'm -- I ask your forgiveness for that, but I really would like to get really clear on what you expect Kerr County -- see, I kind of differ from your comment that you feel like that it's Kerr County's duty to -- to put lights on the courthouse. I disagree with that just a little bit. But, in providing the help out there, Mr. Holekamp's staff, I'd just like to have it clear of what you expect them to do, so that they are not in the middle of a project and one of your people says, "Oh, we've got to run out here and change these light bulbs," or whatever the project might be. I'd like it defined a little more clearly than what we've had it in the past. MR. DONAUBAUER: If you don't mind, I will yield to two principals, if the Commissioner doesn't mind and if the General doesn't mind. I would say that there is a professional man that we want to engage, and would you like to elaborate? COMMISSIONER WILLIAMS: Let me see if I can elaborate a little bit for the Commissioner. We don't anticipate doing what you fear, that we would pull our Maintenance people off of other tasks and interrupt things that are of importance. In the past, the Court has allowed an in-kind contribution that amounted to utilization of 99 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Maintenance people to the extent possible, to the extent they're available. And, second, this Court has paid the electric bill for the lights, and that's really what we're saying. And, if I'm the liaison to Maintenance, I'm not going to allow people to be pulled off their lobs unnecessarily, and to the extent that it causes problems elsewhere. COMMISSIONER BALDWIN: Thank you. And then one final point I'd like to make is that i am so excited that you guys are going to drape those things off and not drill any more holes in the side of this courthouse. COMMISSIONER WILLIAMS: That's important. COMMISSIONER BALDWIN: That is big important to me, and I'm excited about that. That's going to look good. MR. DONAUBAUER: Commissioner, I said I wouldn't raise a nickel if they drill holes in that building, which would make the architect unhappy, too. The architect is more emphatic than I was. COMMI3SIONER LETZ: The question I have -- and I'm going back, I guess, to Commissioner Baldwin's second to last comment regarding Maintenance. I think it is real critical that we get a real exact idea. I know the last two years, there has been complaints from the last -- actually, Mr. Holekamp regarding the lack of coordination in that effort. It was like it was a lot to be done, and we were glad to do 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 29 25 it -- he was certainly glad to da it, glad to use his staff, but I think it -- he needs to be given a timetable in advance as to what's going to be done so he can get it into his schedule. That has not been done in the prior years very well. It's kind of been, you know, a little unorganized. I think that really would help, probably. COMMISSIONER WILLIAMS: That's a good point. COMMISSIONER GRIFFIN: It was almost an emergency when it had to be done. MR. DONAUBAUER: A little fumbling and fooling goes along with a project like this, but I guarantee you, they have learned a lot. And, if this was put in place the way you've heard the description this morning, you're going to find a vast change in the requirements for maintaining those stringers and the permanency, as opposed to the little lights which were made in Yagaboodoo; you wondered where it is. These are going to be made, put together in Waco. American-made, Texas-made. COMMISSIONER WILLIAMS: I agree with that. COMMISSIONER LETZ: And the other comment is -- it goes back to, I guess, the timing of it a little bit. I understand it's a -- this wasn't really contemplated when we did the budget last year, but I have a, I guess, intuitive problem when we go into a budget, basically, amendment at this point in the year, when last year when we were doing 51 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 budgets we had a lot of things we had to cut out that I really view as more important than lighting: cars for the Sheriff and, you know, very -- more law enforcement-type issues. I mean, I -- I wish there was a way that we could push this off until next budget year first, you know, and I know that may not be possible. And, I guess the second part of that is to Tommy, and I -- for me to go along with something, basically, I have to have a sense that we're not going to have to use any -- declare an emergency anywhere in our budget to get through this year. Because, you know, it's -- you know, if we, in some category, need additional funds -- we do so many of these budget amendments at this point in the year -- I could not go along with this if we're going to have to declare an emergency, essentially, to do courthouse lighting; I can't go that far. I have a real hard time going as far as we are, committing tax dollars to a project that I really think should be more community-based. MR. DONAUBAUER: May I respond, Commissioner? Judge, is this in order? JUDGE HENNEKE: Sure. MR. DONABAUER: Fine, thank you. Were it not for the fact that there are contractual arrangements that have to be made with the supplier, the provider or manufacturer, and also the installer of the lights, the stringers on the 52 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 courthouse, itself -- that's why we're trying to raise enough money to do it -- there would not be the emergency factor. But, there is in order to do it for this year and to not fall down on the aims and desires of the people in the community who are saying, "Gee, wouldn't it be a shame?" Well, folks, the stringers that we have are not going to do it. That's one of the reasons why we have this awkwardness in terms of maintenance. The light goes out and they crawl and they probe and they try to find out where are the bulbs that aren't burning. So, I can share your feelings and your thoughts, from the standpoint of making the proper professional arrangements to do this right, so that every year we don't come before you and the community. I'm reminded that there's seven campaigns going on in the community right now, including two that are trying to meet challenge gifts, and so that's why we have come to you, and for this big lift that we trust you'll give us. Thank you. JUDGE HENNEKE: Any further questions? COMMISSIONER GRIFFIN: Just one thing. I -- I see that the $5,000 would go for purchasing and installation, and I don't see anything mentioned about future maintenance and upgrades. And, we've had several one-time requests on this project over the years. In fact, I suspect it's up to at least three one-time requests so far. Is there going to be 53 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 another shoe to drop next year for another $5,000, or perhaps the year following? Because if we can see that now, we ought to get it in the program. If -- if this is really not a one-time request, then we ought to acknowledge that. And, that's -- that's the only comment I have. I'm very much in favor of the project. COMMISSIONER BALDWIN: I'd like to piggyback; I have the same concerns, is this budget issue. See, I think -- I agree with you two down there. I think that this thing needs to be a budget issue, not a Commissioners Court agenda item. But, if -- if it's a legal -- first of all, if it's legal for the County to expend funds to do things like this -- and it's three years, I think that you're correct on that, three years of one-time -- I think this thing needs to go into the budget process and create a line item. And, maybe not $5,000 every year, but some money for -- for Maintenance, just like we do many other things here in the County. We have a line item and we budget for it every year. If we're going to participate in it, if it's legal to do that, I think it needs to be an ongoing situation. COMMISSIONER WILLIAMS: That's a good point, Commissioner. We had not contemplated it in this agenda item. It's a good point and ought to be considered when we have those discussions yet to come, and certainly at that -- at that time. It is a good point. 54 .-. 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: One other point -- and the motion will come soon here, but on the way we pay this, maybe there's not a problem, but it sort of jarred me a little bit when I saw that we would pay it to the Kerrville Convention and Visitors Bureau. I'm not real sure we can -- or can we do that legally? I'm just not sure. COMMISSIONER WILLIAM3: I'll let the Judge address that. JUDGE HENNEKE: If we have a contract and it falls within the type of services that we can contract for, we have the ability to fund this money, just like we do to KEDF and K-Star. We'll have to have an agreement and it will have to fall within the purview of economic development, something like that. COMMISSIONER WILLIAMS: The reason, Commissioner, it was set up that way was because the ad hoc group that's spearheading it this year did not and would not have had time to get 501(c)(6) or anything like that -- or (c)(3), and to qualify -- COMMISSIONER GRIFFIN: I understand. COMMISSIONER WILLIAMS: Donations coming from the public at large. C.V.B. offered its facilities, its banking, its accounting, its administration to us, and we accepted that. COMMISSIONER GRIFFIN: I'm speaking strictly of the 55 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 technical aspects of us giving money to the -- Convention and Visitors Bureau. COMMISSIONER WILLIAMS: I'm sure it can be done. There's got to be some mechanism to do that. JUDGE HENNEKE: Tommy, do you have a comment on that issue? MR. TOMLINSON: No, not other than I think -- I think you're right, and that we do have an agreement with them, so if that's -- if that's who we're paying it to, I don't see a problem. JUDGE HENNEKE: Judge Denson, you've been real quiet back there. Do you have anything you want to offer? MR. DENSON: Well, I would like to see y'all make a decision whether you're going to fund this before you get bogged down with some of the details on who you pay it to and all that. I think all the Commissioners have raised good points, and you also, Judge. Tax dollars have to be spent on public purposes. Courthouse improvements or economic development would fall within that, I think, personally. I think Commissioner Letz and maybe Commissioner Baldwin, while it's a good point to concern yourselves with Maintenance Department involvement with this project, it's not going to be like it has been in the previous years. There's been a real organized effort to put this together, to bring in some professionals, to actually string some of the lighting and 1 2 3 9 5 6 7 8 9 10 11 56 12 13 19 15 16 17 18 19 all. And, if you look in the past, just the people that were in charge -- not that they didn't. make a real serious effort, but they had to have help and they had to rely on the Maintenance Department to assist them all the way through. That's not going to happen. We won't have that again. I don't know what your money situation is. I think it would be, you know, illegal, to declare an emergency for something like this, or if this would lead to you later declaring an emergency. So, Commissioner Letz, I think you're right on there with your concern. If the Court feels like they want to put this in the budget for next year, because of the timing that Mr. Donabauer's already mentioned, we have to make these payments -- make these agreements to get these lights -- I don't know, we'd have to sit down and work with the County Attorney or whomever, but I'll put in the $5,000 myself today, and then be reimbursed on October the 1st, if that's a major stumbling block. COMMISSIONER LETZ: I like the first half of your 20 sentence. 21 22 23 24 25 COMMISSIONER HALDWIN: Moved and seconded. JUDGE HENNEKE: The point that I've made to Commissioner Williams and some of the other members of this committee, who I really commend for their efforts, is that I intend for this truly to be to be a one-time contribution. 57 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 We're buying lights that have a long, 5- to 7-year term, and I think that the ongoing contribution of the County to the lighting of the courthouse is the electricity we pay for and the services of the Maintenance Department. But, I think, in order to get this thing in the proper structure, get the proper equipment as outlined by General Schellhase and by Mr. Donaubauer as to the lights, I think it's worth our while to participate on this basis, for this time, and in the future it's my expectation that our contribution to the protect would be paying for the electricity and also the assistance of the Maintenance Department in keeping the wiring intact and things like that, as appropriate. Do I have a motion? COMMISSIONER WILLIAMS: I move the agenda item, as presented. COMMIS3IONER LET2: I'll second, but I do have one other comment. JUDGE HENNEKE: You'll get a chance in a minute. Moved by Commissioner Williams, seconded by Commissioner Letz, that the Court approve the amount of $5,000 as one-time funding for Courthouse Square Holiday Lighting Protect. Any further discussion? COMMISSIONER LETZ: Tommy, do you feel we do have the funds without going into the emergency area in this budget? MR. TOMLINSON: I don't really have that kind of 58 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 crystal ball, but -- but, yeah, I think we do. I think we probably do. JUDGE HENNEKE: Any further discussion? COMMISSIONER LETZ: One more. On the -- I know we have a hodgepodge of electrical wires that go around the yard right now. One of the, I guess, reasons to do this, in my mind, is also a safety issue. I have some safety concerns with what's been done in the past, you know. I don't know that we even have a plan. I hope that either the Maintenance Department or General Schellhase -- we get a good idea where the electrical conduits are, and anything we do put in, we get a good record of it so we know in the future what we have out on this lawn. I know we have a lot of pipes right now, and I don't think we know where most of them are. We need to start at some point trying keep track of irrigation lines and electrical lines and everything else. JUDGE HENNEKE: Good point. Anything further? MR. DENSON: May I make one last comment? I really believe -- and I don't think it's a fantasy. I've attended a number of the meetings with the committee on Thursdays and watched these various individuals involved, headed up by Commissioner Williams, I might add. But, I think a reasonable mind could conclude that a real serious, organized, professional effort is being made to do this and do it right, and it's something that I think all of us, not 59 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 only involved in County government, but proud of our community, will be really, really impressed this Christmas season. This is going to be really impressive. It's really going to make Kerr County stand out among those other counties that do this. And, i think you have to be applauded, gentlemen, for demonstrating your support for this project. Thank you very, very much. JUDGE HENNEKE: Thank you, Judge Denson. COMMISSIONER BALDWIN: Footnote. That we -- if we approve this, that it be a challenge to the City to do the same. JUDGE HENNEKE: We would certainly expect them to step up to the plate. All in favor of the motion, raise your right hand. (The motion was carried by unanamous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Thank you, gentlemen. At this time, with the indulgence of the Court, I'd like to skip to Item No. 8. Five, 6, and 7 are all insurance items, which can be adequately addressed after our break. I think I'd like to lump to No. 8 from the County Treasurer, and then after our break we`ll come back and take up the issues from the Auditor on insurance. Is that all right with everybody? 60 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER BALDWIN: Sure. JUDGE HENNEKE: Barbara? MS. NEMEC: There's -- JUDGE HENNEKE: Item No. S, consider and discuss the revision of the safety policy. We're glad to see you back, Barbara. MS. NEMEC: Thank you. Thank you for all the cards I received and the beautiful plant. That was very nice of y'all. We had a meeting with Ernesto Galindo from TAC. It was -- Commissioner Williams was there, and Glenn Holekamp, Maintenance Supervisor, and myself. And, it was a mid-summer inspection, is what that was. And, out of that, we reviewed the safety policy and we just came up with one recommendation, to revise the accident reporting investigation. In the safety policy, it had the first line supervisor would be the one to do the investigating of the accident, and we felt that it would be more effective if we had an investigating committee, which would consist of a representative from the Sheriff's Department, a representative from Road and Bridge, and then the Maintenance Supervisor, so that we would -- it wouldn't be the -- the one person from that same department investigating their own accident by themselves, and maybe not reporting it as somebody else would -- would see it. So, that's the revision of the policy that -- that we're recommending. And, Ernest 61 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 would also like to come this Thursday at 8:30 and have a meeting with all the elected officials and department heads to explain what their role in the safety policy would be, and then they would do an inspection in November and see if we're complying with everything. JUDGE HENNEKE: Any questions? Any discussion? MS. NEMEC: So, the revision is up there at the top, the accident investigation committee, where it used to say the first line supervisor. That's the only change. JUDGE HENNEKE: And, this is something that you have the concurrence of from Road and Bridge and the Sheriff's Department and the Maintenance Supervisor? MS. NEMEC: Yes. Yes, they were all in agreement with it. JUDGE HENNEKE: I'd entertain a motion to approve the revision of the safety policy. COMMISSIONER WILLIAMS: I move we approve the revision of the Accident Investigation Safety Policy. COMMISSIONER GRIFFIN: Second. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that we approve the requested revision to the Accident Investigation Safety Policy. Any further discussion? If not, all in favor, raise your right hand. 62 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. MS. NEMEC: Thank you. JUDGE HENNEKE: At this time, let's take a 10-minute break and reconvene at 10:30. (Recess taken from 10:20 a.m. to 10:30 a.m.) JUDGE HENNEKE: Let's reconvene the meeting of the Commissioners Court. It's 10:30 on Monday, August 23rd. The next item we'll take up is Item No. 5, which is to consider and discuss a workshop and date with our Third Party Administrator concerning our group health insurance plan. Tommy? MR. TOMLINSON: I think it was at the last Court meeting, we discussed asking for proposals for our health insurance, and I think we agreed to defer that until January. (Judge Henneke left the courtroom.) MR. TOMLINSON: I had a discussion -- I visited about this with Barbara, our County Treasurer, and I -- I've also discussed this with Ray Rothwell, who is our Third-Party Administrator, and I thought it may be of some value in the budget process to have those people come in and tell us and educate everybody about where our money goes, as far as 63 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 benefits go. And, that -- you know, that will be a budget consideration, and -- or it could be. Depends on what he feels like our costs will be for the coming year. So, we'll know if we need to plan for any increases in -- in health insurance or not. So -- COMMISSIONER BALDWIN: Judge Pro Tem Williams, may I ask a question? COMMISSIONER WILLIAMS: You certainly may. COMMISSIONER BALDWIN: Tommy, do you have a date and time and all that in mind? MR. TOMLINSON: He said he would agree to come when -- you know, when the Court wanted. COMMISSIONER BALDWIN: Somebody -- you come up with a date. I certainly think I'd love to do that. I think it would be great. But, come up with a date; throw a date out here. COMMISSIONER LETZ: Why don't we tie this in with one of our other meetings, rather than have -- I know we're going to have another budget workshop. COMMISSIONER BALDWIN: That's a good idea. COMMISSIONER LETZ: Also, we have a -- what, September 1 date for the 911? Isn't that September 1? COMMISSIONER GRIFFIN: Right, September 1. But, we don't want to do this on that date, probably, but that -- any date other than the 1st. 64 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Well, I notice, Tommy, in a later agenda item you talk about -- or you want us to talk about the selection process concerning a risk manager. This is a discussion that you would rather have well in advance of the discussion on a risk manager; is that correct? MR. TOMLINSON: Well, that's kind of a -- this is kind of a different issue. I lust thought for budget reasons that, you know, the Court needs to know -- to be educated on -- on the plan, itself. And, for -- for instance, what percent of our money goes towards prescription drugs, those kind of issues, because that -- I mean, if you -- you know, if the Court feels like that it's necessary to -- to do something about the costs of our health insurance, in my mind, that's the place to -- to deal with it, is with the plan, more so than -- than an administrator. I think that the dollars -- we have more chance to deal with -- with the change in the dollars there than we do anywhere. COMMISSIONER WILLIAMS: Do you have a suggested date? Judge -- MR. TOMLINSON: No. No, I don't. I think the COMMISSIONER GRIFFIN: Judge Pro Tem, if I might make a suggestion, we're later going to talk on item 2.15, the status of the '99-2000 budget and schedule for adoption of the budget and setting of the tax rate, which I think 65 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Judge Henneke is going to go through some projected dates for some further workshops and other things. If we could defer the setting of the date until we address that issue, and let's lust don't forget it, we could probably work it in where we would ask him to come at -- at a specific time that fits in with one of our workshops that we're already going to do. MR. TOMLINSON: I think that's a good idea. COMMISSIONER LETZ: Good idea. COMMISSIONER WILLIAMS: What's the item number? COMMISSIONER GRIFFIN: It's 2.15. COMMISSIONER WILLIAMS: 2.15. COMMISSIONER GRIFFIN: When we get to that. COMMISSIONER WILLIAMS: Do you have any problem with that, Tommy? We'll defer it till we can talk about 2.15. MR. TOMLINSON: I think that's good. COMMISSIONER GRIFFIN: So, we'll lust defer that one for now. COMMISSIONER WILLIAMS: Okay. 2.6 is consider and discuss renewal of law enforcement liability insurance. MR. TOMLINSON: Okay. We -- we've written short-term coverage for everything, all of our risk coverage to coincide with our worker's comp renewal of January 1st. This particular one, we've run into a stumbling block. It 66 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 renews October 1, and the underwriter will not write a 3-month policy, so we can either -- the options are -- is to renew for 15 months, or renew it for a year, and then at -- on January 1st, either -- well, if the -- if the bid were to go to the same underwriter, there wouldn't be any penalty, but if we -- if we bid it out on that date and this underwriter does not get the business, then there would be a -- a penalty for cancellation. COMMISSIONER LET2: I5 this -- MR. TOMLINSON: I can't tell you what. I don't know what that would be. But, the -- that's a standard thing in insurance. COMMISSIONER LETZ: Is this very -- I mean, a real specialized policy? I mean, I would think -- MR. TOMLINSON: Yes, it is. It's for events that happen -- that could happen in conjunction with law enforcement and operation of the jail. COMMISSIONER LETZ: I'm just wondering if this is going to fit with all the rest of our coverage that we're trying put together. MR. TOMLINSON: Yes, it will, because there -- there are some underwriters that may -- may include or exclude some events in their general liability that -- that we want to make sure that -- that the liability coverage for public officials, property, and -- and law enforcement mesh 67 1 2 3 9 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 together to where we don't have any gaps. COMMISSIONER LETZ: Right. MR. TOMLINSON: And, so, I think when -- when we -- you know, you're making decisions on -- on what liability our underwriter would want, we need to make sure that -- that we don't have that -- that doesn't happen. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: Tommy, if you said it, I missed it. What's the term of renewal? For how long? MR. TOMLINSON: If we renew, we can renew it for 15 months. COMMISSIONER WILLIAMS: Okay. MR. TOMLINSON: Where it will come due -- COMMISSIONER WILLIAMS: At the end of next budget year? MR. TOMLINSON: At the next of the next renewal period, which will be January. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: So, the reason that they want -- wouldn't do the three months is lust because it's short-term? (Judge Henneke returned to the courtroom.) MR. TOMLINSON: Right. COMMISSIONER BALDWIN: Doesn`t have anything to do with October and January? 68 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: No. COMMISSIONER LETZ: And, if we go for 15 months, we could still cancel for a penalty? MR. TOMLINSON: Right. Yes, sir, we can. COMMISSIONER LETZ: I'd be be in favor of doing it that way. That way, we could either -- you know, a year from now -- or a year from January, have that -- that date coincide with our other policy, or we could lust take a penalty and, if it's worthwhile, cancel it this January. MR. TOMLINSON: That's fine. I think that's a good plan. COMMISSIONER LETZ: I'd make a motion to renew our law enforcement liability insurance policy for 15 months, with the current underwriter. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz that we -- second by Commissioner Griffin, that we renew our existing law enforcement liability insurance for 3 to 15 months. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. 2.7, consider and discuss selection process concerning a risk manager. 69 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: Right. This -- we've talked about this over the last year, And this -- this person needs to start to work -- JUDGE HENNEKE: This is -- MR. TOMLINSON: -- mid-September, if we -- to be able to -- to go out in the marketplace and -- and do the background work that's necessary to give us the best -- the best he can do. So, I -- to give that -- to give whoever that is sufficient time, I think we need to, right now, decide on how we're going to obtain that -- that service. JUDGE HENNEKE: By "risk manager," in my opinion, you're talking about a consultant who will help us structure the insurance bids and evaluate the bids and -- MR. TOMLINSON: Right. JUDGE HENNEKE: -- advise us as to insurance matters. MR. TOMLINSON: Right. JUDGE HENNEKE: Okay. COMMISSIONER WILLIAMS: Are we talking about a risk manager who helps us do what the Judge just said, based on the structure of the current benefit package or policy? Or are we talking about looking at the structure? MR. TOMLINSON: Well, what I envision is -- is someone that will -- that will advise the Court in all the insurance matters, whether it be evaluation of properties, 70 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 search markets for underwriters, help -- help make those -- those kinds of decisions. COMMISSIONER WILLIAMS: Okay. MR. TOMLINSON: In other words, this would be an all-year endeavor. I mean, it's not a one-time thing where they go out and -- and bid our coverage. It would -- it would be an ongoing relationship. JUDGE HENNEKE: Do we need to do a request for proposals? I mean, how do we find this person or company? MR. TOMLINSON: Well, it's -- for sure, it's a personal service contract, and I know that -- that some do it just for the commission from the underwriters. JUDGE HENNEKE: Mm-hmm. MR. TOMLINSON: There could be -- you know, there could be a fee. So, what I would propose is to -- is for a member of the Court, and maybe the Treasurer and myself, invite some -- any interested party and get their resume, so-to-speak, their qualifications, what they offer for -- for the price, and make a recommendation based on, you know, what -- what we feel that they can do for us. COMMISSIONER BALDWIN: I think that's a great idea, and Commissioner Letz was telling me this morning how committed he would be to serve on that committee, didn't have anything else to do. JUDGE HENNEKE: Commissioner Letz, we'll give you a 71 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 chance to defend yourself here. COMMI3SIONER LETZ: I'll be glad to do that. I have no problem with that. I think it's a -- MR. TOMLINSON: I don't -- I don't look for there to be an expenditure that will require any kind of bid or proposal. I look for it to be -- maybe none. I mean, you know, no expenditure for -- at all. I mean, they would probably be satisfied with -- with the commission that they get from the underwriter. COMMISSIONER LETZ: Is this going -- is this the same person or company that we're talking about that would lust kind of review our overall policy? MR. TOMLINSON: Yes. COMMISSIONER LETZ: I thought the point there was to go to someone who would not be an underwriter, so -- MR. TOMLINSON: No, they wouldn't be an underwriter. COMMISSIONER LETZ: They would not? MR. TOMLINSON: No. No. COMMISSIONER WILLIAMS: Wouldn't bid on it. MR. TOMLINSON: But, those people do get commission from -- from the underwriter. COMMISSIONER LETZ: Oh, okay, I see what you're saying. So, they're independent, but they get a commission from whoever they end up going with? 7z 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: Right. JUDGE HENNEKE: Whoever we select, they assist us in the selection process. COMMISSIONER LETZ: Right. Okay. JUDGE HENNEKE: Commissioner Letz appears to have volunteered. COMMISSIONER GRIFFIN: Thank you. COMMISSIONER BALDWIN: Yeah, he's a great guy. JUDGE HENNEKE: Well, we'll lust leave it to your timetable. You -- I think you have a sense of urgency. Someone has to deal with the problem, so you'll -- MR. TOMLINSON: I'll start -- JUDGE HENNEKE: -- get with Jonathan and Barbara and, I presume, do up a description of the duties and responsibilities and circulate it however you know how, and bring us back a recommendation at the earliest possible opportunity. MR. TOMLINSON: Okay, that's what we'll do. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: All right. JUDGE HENNEKE: All right, thank you. We've done S, so we'll go to 9, which is approval of designation of polling places for November 2, 1999, Special Amendment Election and combine Precinct 410 with 909. Jannett Pieper, County Clerk. 73 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MS. PIEPER: Yes. I have submitted the polling places that we normally have, with the exception of Precinct 202, which would be at the Methodist Church in Center Point. All the other polling places have stayed the same. JUDGE HENNEKE: And, you're recommending that we MS. PIEPER: Yes, sir. That's due to the fact that Midway Store has closed down, which used to be the polling place there. JUDGE HENNEKE: combination in the past? Okay. Have we done that MS. PIEPER: Yes. JUDGE HENNEKE: Commissioner Griffin, you don't have any problem with that? COMMISSIONER GRIFFIN: No, that's fine. JUDGE HENNEKE: Early voting will be at the Kerr County Extension Service meeting room. MS. PIEPER: Yes. JUDGE HENNEKE: Okay. COMMISSIONER LETZ: So moved. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we approve the designation of polling places for the November 2, 1999 Special Amendment Election, including early voting at the 79 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kerr County Extension Service meeting room, and further, that we combine Precinct 410 with Precinct 909 as far as the polling place is concerned. Any further questions or discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Item 2.10, again from Ms. Pieper, appointment of election judges and alternate judges. MS. PIEPER: This is a recommendation for our judges, with the same combining of 410 and 409. We have no party chairs right now to confer with on this, so basically what we always do in the past, as far as the Clerk's Office, is we just use the same judges and alternate judges as submitted through our precinct chairs. However, since we have none at this point, I took it upon myself and called each of these persons to make sure that they would be willing to serve. COMMISSIONER WILLIAMS: I have one proposed amendment to the list. I've spoken with County Clerk Pieper about this. It would be in 202. The alternate judge was proposed by Ms. Pieper to be Joe Armistead. In the past it has been Nell Sevey, and -- or Sevey, however you pronounce it. And, there was some question as to Nell's ability to 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 function due to health problems. I've spoken with Margaret Higgens, the judge, I've spoken with Mr. Armistead, and I've spoken repeatedly with Ms. Sevey, and she assures me that she is capable of fulfilling her responsibilities. And if, for any reason, her eyesight is not corrected in time, she would relinquish the position. So, I would substitute the name of Nell Sevey for Joe Armistead. JUDGE HENNEKE: Jannett? MS. PIEPER: I don't have a problem with that. COMMISSIONER LETZ: The only comment I have is to clear up this typo. I think -- MS. PIEPER: Oh, yes, there is. I'm sorry. On 916, that should be Dawn Shaw. JUDGE HENNEKE: Good. MS. PIEPER: so I don't have spell- COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER I'm typin check. BALDWIN: GRIFFIN: WILLIAMS: BALDWIN: g on the manual typewriter, I move we approve it. Second. As amended? As amended. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Griffin, that we approve the list of election judges and alternate judges, as amended. MS. PIEPER: And this would be for a term of one year? 76 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: recommended by the County not, all in favor, raise (The motion was JUDGE HENNEKE; (No response.) Yes, for a term of one year, as Clerk. Any further discussion? If tour right hand. carried by unanimous vote.) All opposed, same sign. JUDGE HENNEKE: Motion carries. Item 2.11, appointments to serve as Central Counting Station personnel. Jannett? MS. PIEPER: That would be appointing me as the Central Counting Statfon Presiding Judge and Manager. The Tabulation Supervisor would be my Chief Deputy, which is Nadene Alford. The Assistant Tabulators to basically run our ballot machines would be Mindy Williams and Brenda Craig, and then our Station Clerks would be Sheila Brand, Cheryl Thompson, Thea Sovil, and Val Medrano. COMMISSIONER BALDWIN: I move we approve. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Letz, that we approve the central counting station personnel as recommended by the County Clerk. Any further discussion? In not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. 77 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 (No response.) JUDGE HENNEKE: Motion carried. Next item is Item No. 12, which is actually a budget amendment, an amendment to request funds for the purchase of an engineering copier to replace the blue line machine. Jannett7 MS. PIEPER: As you will recall, I was requested, as were the other elected officials, to look in our budget to see if we had any money that could possibly be used for courthouse lighting. I did find some due to the restructuring of the employees that I had done in the past. However, as you also recall during our budget workshop, I had mentioned that I'm having a problem with our blue line machine, and it is continuously getting worse and I'm not sure that just repairing it is going to take care of our problem. The machine is old, and as fax as the age of it, I don't know. It's been there as long as I've been there. So, I think that this money can -- most of this money can be better utilized if we just replace the machine altogether. And, I have submitted several backups where I have done price checking on the different styles and quantities of the machines. I think I have found one that would suit our needs, and it's a little over $5,000. COMMISSIONER WILLIAMS: Which one is that? MS. PIEPER: This would be from the Xerox company that's here locally in Kerrville. 7a 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Xerox 3001? MS. PIEPER: Yes. And I tried to get ahold of our salesman to come in and ask -- answer any questions you might have; however, I wasn't able to get ahold of him this weekend. COMMISSIONER LETZ: This is like a regular copy machine, just a larger size that you can use frequently? MS. PIEPER: Yes. JUDGE HENNEKE: It's what you use to copy basically plats, correct? MS. PIEPER: Mm-hmm. Also, from July the 20th, I've asked the girls to keep track of how many plats they've had to produce, and there has been 139 since July 20th. I did not realize that we were making that many, so that's the reason our machine is wearing out even quicker than I thought it was going to. COMMISSIONER WILLIAMS: You do charge for those, do you not? MS. PIEPER: Some we charge, when we can, but there are some that -- when final plats come in, that we cannot charge for. COMMISSIONER LETZ: I think it's something we certainly need. That machine's worn-out, outdated. It'll probably pay for itself, so -- JUDGE HENNEKE: The $7,000 you're requesting, does 79 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 that include the first year's maintenance contract? MS. PIEPER: Yes. And, with the first year's maintenance, they'll charge us S32 a month plus the .071 per linear foot, and I have not had time to add up, you know, how many linear feet that might be, so that's why I went ahead and requested the full 57,000. COMMISSIONER WILLIAMS: Is the maintenance contract -- it's provided for in the first year, and then -- or do you have to include that in the budget coming up? MS. PIEPER: That would have to be included in the budget coming up. I have not figured that in the budget. The only thing I figured in the new budget was repairs on the other machine. COMMISSIONER WILLIAMS: Thank you. I move the budget amendment request by the County Clerk for Capital Outlay for purchase of an engineering copier to replace the blue line machine. COMMISSIONER BALDWIN: I second it, with a question. JUDGE HENNEKE: Moved by Commissioner Williams and seconded by Commissioner Baldwin that we approve the budget amendment request from the County Clerk to move funds to Capital Outlay for the purchase of an engineering copier. Any further discussion? COMMISSIONER BALDWIN: Yes, sir. It didn't make it 80 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 in here, your memo to us about you finding the $9,000 for Christmas lighting. MS. PIEPER: Right. COMMISSIONER BALDWIN: But, if I remember correctly, it said that you had found $9,000 and some few dollars for Christmas lighting, but this thing popped up, which is $7,000. Are you going to kick in the extra $2,000 to the Christmas lights? MS. PIEPER: That's y'all's call. COMMISSIONER BALDWIN: Would you see that it gets put on the table, so that way we can cut ours down somewhat? (Laughter.) JUDGE HENNEKE: Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Thank you. MS. PIEPER: Thank you. JUDGE HENNEKE: Item No. 13 is consider and discuss technical and budgetary issues regarding computer network in the Sheriff's Department. Commissioner Griffin? COMMISSIONER GRIFFIN: Would you pass that down the table? Okay. Where we stand on the -- on the computer network for the Sheriff's Department is as as follows: It 81 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 appears that we can -- through the budget process, we can upgrade all of the computer workstations, the computer server, the computer software -- the server software, and the Law Enforcement Management System software, all be Y2K-compliant, so it would be a permanent fix. It would not be be an interim fix of any sort. It would be what the Sheriff's Department could live with in the foreseeable future. It would require that we separate the inmate phone system from the computer network, which I think we should do anyway, and I strongly recommend that we do that in the -- in both the budget process and in our management philosophy for the next year. COMMISSIONER BALDWIN: Separate what? I'm -- COMMISSIONER GRIFFIN: The inmate phone system -- COMMISSIONER BALDWIN: Oh, yeah. COMMISSIONER GRIFFIN: -- and the computer network, which is now under one contract. COMMISSIONER BALDWIN: Yeah. COMMISSIONER GRIFFIN: Evercom. If we go down this road, we will -- this will be what separates the computer system from whatever we do in the future with the inmate phone system. COMMISSIONER BALDWIN: Mm-hmm. COMMISSIONER GRIFFIN: As you see here, there are 29 workstations that are currently on that network. The 82 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Sheriff also has a budget request that was in the $20,000 allocation exercise for spending $10,000 of that on five additional new computers. By folding -- by folding that request in with this package to upgrade, we can take -- that $10,000 would no longer have to be spent on five new computers. They would all be of the same configuration, for a total of 30, which is actually giving us one more extra that they needed, anyway. To make a long story short, what -- what you see here on the spreadsheet is total cost that we would pay to have an upgraded system, completely to Y2K compliance. Now, there's one soft number in there. You will notice about halfway down on the spreadsheet, that there is LEMS 2 software that would come from Security Telecom. That $5,000 that you see there is a guess on my part. It may be less than that; it certainly wouldn't be any more. My recommendation would be that we look very carefully at the same time that we do this -- this would be October 1st or thereabouts in the new budget year. That we would look closely at perhaps dropping the LEMS 2 software package in favor of the Software Group package, which we already own, I found out this morning. We already have the rights to that software. I think we need that lever as a possibility, anyway, when we start to negotiate the LEMS 2 software license with -- with Security Telecom. If worse comes to worst, we'll 83 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 bail out of that entirely, is my point, and that we would end up going back to Software Group. Tommy is getting -- going to get a feel for what it will take to migrate the data that"s in this old LEMS package now, to get it into the new software. If we were to go with The Software Group, what it would take to get that data all transferred into the Software Group package. There is some concern on the part of the Sheriff's Department that we could lose data in that process, migrating from one package to another. If it's done right we shouldn't, but there is always that possibility. Another note here would be that we would be doing this with a local company to do these upgrades. We would also have them on call at two-thirds of their normal hourly rate for any maintenance of that system in the future; hardware, software, whatever. I like that idea because it's very responsive. We should have a responsive maintenance, and we would have a system that we control. If you'll notice on the spreadsheet, the Novell software for the server, for example, we would have the license. We, Kerr County, would have the license; it would not be through a third party. So, that -- and this is the way it normally is done in business, where the licenses are granted to the user, not to some third-party that then charges you for that, as we are doing now with Evercom. So, I would propose this, not as a -- not as an amendment or any kind of a budget thing. This should be in 89 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 our budget deliberations. But, I present it now for your consideration and discussion, requiring no motion or anything at this point, and I'll be glad to try and answer whatever technical questions on how this would work in the long run if you -- if you would like. JUDGE HENNEKE: I think it's important for us all to understand that what -- what is driving this process is the fact that the computers at the Sheriff's Department are not Y2K-compliant. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: That's what is -- what has driven the whale process. As Larry's gone through the county during Y2K review, this came out as one that we had to have a permanent fix to. So, this really -- this is not something that we the take dollars from this year's budget for. It's something we add dollars to next year's budget for. Any questions? COMMISSIONER WILLIAMS: I have a couple questions. Larry, the 30 computers you're talking about here, is that the sum total of all the Sheriff's Department computers? COMMISSIONER GRIFFIN: That's correct. COMMISSIONER WILLIAMS: Or are there some that aren't -- every one out there is not Y2K -- COMMISSIONER GRIFFIN: All -- well, no. The 29 that they have are not. 85 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Okay. COMMISSIONER GRIFFIN: And they have five stand-alone computers. COMMISSIONER WILLIAMS: That aren't? COMMISSIONER GRIFFIN: That are not. COMMISSIONER WILLIAMS: That are not. COMMISSIONER GRIFFIN: Okay. Hut, what this would do is put all of those in the same configuration for a lot less than we would replace those five as a separate process. I mean, that just popped up during putting this together. If we're going to have a new computer network, why couldn't those other machines be the same configuration, easier to maintain, easier to upgrade right along with the network computers? For example, the Sheriff's office, itself, has one of those five extra computers that are not Y2K-compliant. Now, we could do some kludging with those; we could do some patching and that sort of thing, but then we end up with nonstandard configuration computers. This way, we would end up with all the computers in the Sheriff's Department in one configuration. If we upgrade, they're easier to upgrade from there on; they're easier to maintain. We have -- and we can interchange computers. If we have a failure we can take one that's underutilized at some point, put it right in place of the other, and just transfer the data. So, this gives you a lot of flexibility. 86 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: My second question is based on the size of this proposal. Does this not have to be bid? And, if so, there's no assurance that this company will win the bid, is there? COMMISSIONER GRIFFIN: No. The short answer to the question is no. We -- my judgment is, at this point, we would not have to bid it, because the total we would pay to Computer Services Center would be less than the new limit which goes into effect on September the 1st of $25,000. It would be less than $25,000. We may have to do some manipulating -- realize that the software -- see, we would -- we would pay Novell or we would pay Evercom or Software Group. That does not go to Computer Service Center; they're only the hardware. COMMISSIONER WILLIAMS: So, you're removing them from the total? COMMISSIONER GRIFFIN: So -- that's right. COMMISSIONER WILLIAMS: For bid purposes. COMMISSIONER GRIFFIN: It would be the top -- actually, I think it's -- when I looked at it, it's about $900, $500 over $25,000, so we'll probably -- we would have to negotiate that price down if we wanted to do that. I think we can by about 400 bucks, but that's obviously a consideration we have to consider very carefully. But -- JUDGE HENNEKE: With what we're looking at now, the 87 1 2 3 9 5 6 7 a 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 dollars, the magnitude of dollars to do a permanent fix to the Sheriff's Department. COMMISSIONER LETZ: On the -- if it's over $25,000, it will have to be bid, though. I mean, is this something -- I mean, I guess if it's -- right, I know that. But, I mean, if we're that close, I'd rather bid it. It's something we should bid anyway, lust from the standpoint of property, but I'm -- my question is -- JUDGE HENNEKE: I'm not a hundred percent sure it's something we'd have to bid, because there's a large loophole for technical -- COMMISSIONER GRIFFIN: Yes, there is. JUDGE HENNEKE: -- stuff in the bidding laws, and plus -- COMMISSIONER GRIFFIN: For information systems. JUDGE HENNEKE: -- we're combining a number of different services here. We're combining the technical services, the configuration with the hardware, with the software. So, I mean, you could -- I think you could legitimately cut this up into three different packages. COMMISSIONER GRIFFIN: Oh, easily. JUDGE HENNEKE: When we get to that point, we'll sit down and we'll get an opinion. as to whether or not, you know, in this scope of services, do we have to bid it. COMMISSIONER GRIFFIN: That's correct. And -- ea 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 la 19 20 21 22 23 29 25 JUDGE HENNEKE: This is not a decision to bid or not to bid today. COMMISSIONER LETZ: I mean, I -- COMMISSIONER GRIFFIN: Exercise here is as a budget COMMISSIONER LETZ: My question was really in response to Bill's comment. I didn't think it did, but I was kind of -- if we're that close, it would be better to bid, in my mind. On the software portion of it, there's the Novell -- you mentioned there's Novell, Security Telecom, the one that does the phone system that the inmates use. COMMISSIONER GRIFFIN: Yes. COMMISSIONER LETZ: Okay. And then Evercom. What -- how are they tied in? JUDGE HENNEKE: Evercom. is -- Security Telecom is now Evercom. MR. TOMLINSON: Right. JUDGE HENNEKE: Through a series of mergers -- COMMISSIONER GRIFFIN: They sold out and merged and acquired or whatever. But, we wrote the contract with Security Telecom. Since then, Security Telecom has been subsumed by Evercom. COMMISSIONER LETZ: Okay. And -- okay. So, all that -- their software runs the inmate phone -- COMMISSIONER GRIFFIN: No, it has nothing to do 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with that. What we signed up to do in this contract was a deal where they put in the phone system and gave us that computer system, but they're not really making any money on the computers. They're making money off the phone system. There's no connection between those two except by contract, so what we're doing is severing that connection, which was artificial anyway. COMMISSIONER BALDWIN: Two questions. Who owns the 29 computers? COMMISSIONER GRIFFIN: Until the contract runs out, Evercom now -- used to be security Telecom -- owns all of the equipment. When this contract runs out in the next year, the title to that equipment will be reverting to the County. COMMISSIONER BALDWIN: Okay. And, so, at that time we'll probably be buying new -- new hardware, too? COMMISSIONER GRIFFIN: No. No, that's what I'm saying. We're buying new hardware now. COMMISSIONER BALDWIN: Okay. COMMISSIONER GRIFFIN: To replace the black boxes, the innards of the computers. We're going to go ahead and buy those. We're going to take these from Security Telecom and we're still going to be using them as doorstops and whatever, but we've already paid for -- all those are going to be paid for. So, we're going to go ahead and replace those, though we'll still be using the monitors, the 90 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 keyboards, and the mouse -- mice -- mices? The mouse, and all of those -- those kinds of things. The other peripherals we'll continue to use of theirs. And, that's fine. We haven't changed anything contractually in that regard, but we're getting Y2K-compliant. COMMISSIONER BALDWIN: Just one quick question, moving into the software side of it. If we were to change to Software, Inc., would that -- would that help this problem of communicating between the courthouse -- COMMI33IONER GRIFFIN: I suspect so. COMMISSIONER BALDWIN: I mean, Linda, you use Software, Inc., don't you? So, I don't know why -- why we don't -- COMMISSIONER GRIFFIN: If we want to take a close look at that, we need -- see, we've already got -- we've already qot the rights to that software. COMMISSIONER BALDWIN: Mm-hmm. As much money as this County spent there, we should own part of the company. COMMISSIONER GRIFFIN: Right now we are -- we are -- I can't see any reason why we couldn't convert to that as part of this process. COMMISSIONER BALDWIN: Yeah. COMMISSIONER GRIFFIN: Convert to Software Group's software. COMMISSIONER BALDWIN: I certainly hope we strongly 91 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 consider that. COMMISSIONER GRIFFIN: Yes, we should. But, there would be the outside -- what I tried to do here in this spreadsheet was to show the outside budget impact that we need to consider in our budget deliberations. COMMISSIONER WILLIAM3: My curiosity's getting the best of me. How old are these noncompliant computers that we're going to replace? COMMISSIONER GRIFFIN: How old are they? COMMISSIONER WILLIAMS: Just on average, on balance. ~-- COMMISSIONER GRIFFIN: I don't know how old they were when we got them. We got them from Security Telecom in a package. They are 986D-50's, which were certainly not state-of-the-art in 1995 when we got them. So, they may have come from somewhere else, I don't know, but they are not Y2K-compliant. And, it's cheaper -- we can buy a new CPU, a new guts of the computer, if you will, for 690 bucks a copy. It would cost us almost $500 to kludge them where we could just get past Y2K, so it doesn't make much sense to do that, and that's how we ended up with this alternative to go ahead and make a permanent fix. JUDGE HENNEKE: Tommy, do you have any comments? (No response.) COMMISSIONER LETZ: My final question is, how does 92 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this all interact with our contract with Evercom? I mean, when is that contract up, and how does -- do they have to agree to us doing this or -- COMMISSIONER GRIFFIN: No. My judgment on that is no, they don't have to agree to it. They have given us -- they have given us a price for what they would charge us to make the equipment Y2K-compatible. If we separate -- if we were to separate the telephone piece of the contract from the computer network end of it, their price to accomplish essentially what we're doing is just a little short of $75,000. So, I don't think there's even a -- it's not even worth asking the question about it any amore. JUDGE HENNEKE: And their fix was also part of the request for a 5-year extension to the telephone contract. COMMISSIONER GRIFFIN: See, they want to push the extension of the telephone contract through offering us low-cost computers. COMMISSIONER LETZ: Right. COMMISSIONER GRIFFIN: So, COMMISSIONER LETZ: We've been down that road once before. COMMISSIONER GRIFFIN: We've been down that road once and got 986D-50's. JUDGE HENNEKE: Any further discussion? There's no action taken on this; it's something we'll take up as part of 93 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: Number 19, consider and discuss resignation of Sheriff Kaiser and procedure for appointment of interim acting Sheriff. I believe we all received a copy of the Sheriff's resignation, effective September 30. I think the Court, in the two previous occasions, has kind of given us the roadmap for how we go about these appointments, both in the instance of Billie Meeker, when she was appointed to serve out Pat Dye's term, and also, to a certain extent, when Angel Garza was appointed to serve the remainder of Mark Shaw's term. It's my suggestion at this time that we make -- we request anyone interested in applying for the interim job to file an either an application with my office, or the applications will be available for anyone to review, and that at our first meeting in September, that we take action on appointing an interim Sheriff. Sheriff Kaiser has asked me to accelerate the process as much as possible, because she would like to have at least a couple of weeks with the interim in order to familiarize that individual with the Sheriff's Department issues, make sure that there's the smoothest transition as possible, and I think that's a very rational and appropriate request. It`s my recommendation to the Court that, as you all did 94 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 with Pat Dye's replacement, that we make a statement that anyone who is a candidate for an office of Sheriff will not be considered for the interim Sheriff's position, which could be anywhere from 7 months to 15 months. I just throw that out for discussion. Any comments? COMMISSIONER BALDWIN: Judge, I do have a comment. I've -- I have voted many times in this Court on interim positions and have always taken that exact same view, because of the reason that, if you appoint a candidate, then it's an endorsement -- that it looks -- it looks like an endorsement. But, I think -- I thought about this quite a bit. And, I've always felt that way, but I've had a change of heart on that, because I think that at some point, you know, what we do Ss we get tangled up in our own personal agendas and our own friendships. We qet -- start focusing on who likes who and who doesn't like who and who doesn't get along with this person and all those -- all that stuff, which is -- just seems to me so hollow thinking. I just really believe that we need to -- we need to refocus; we need to have a paradigm shift in our thinking, and that is to focus on -- to include the candidates, those folks that have filed for office, to include them in our look, and really focus on what is best fox Kerr County. You know, lay down those personalities, lay down those agendas, lay down all those things that -- you know, if so-and-so 95 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 doesn't like so-and-so, lay all that stuff aside and let's just focus on the best person for Kerr County's future. And, I have selected four criteria to -- that we need to look at, and we need to look at, number one, their classroom education. Number two, their law enforcement service record. Three, their knowledge of our county. And, number four, their stewardship of taxpayers' money. And, I think that if we look at those things and look at everybody and lay down our personal agendas, then I think that we -- we'd come out with the very best person for this county. That's all I had to -- have to say. MR. SUTTON: May I be heard? JUDGE HENNEKE: Just a moment, Mr. Sutton. Any comments from the Commissioners? COMMISSIONER WILLIAMS: Only part of my agenda -- or I only have one piece of an agenda, and that is that I believe it's important that the Court select a good law enforcement person. We have a good Sheriff's Department, we have good law enforcement, and our aim and our purpose should be to keep it that way during this interim, because we now are the stewards of that department. We are charged with the responsibility of selecting that individual to carry law enforcement forward until the people decide who the Sheriff of this county will be. So, I think it's incumbent on us to make certain that we select an individual who possesses the 96 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 qualifications to do the lob. a goal. That's not an agenda. That's JUDGE HENNEKE: Anything further? COMMISSIONER GRIFFIN: I would like to see the resumes. Frankly, I think -- I think the qualifications have more to do with it than anything else, obviously. And, that's going to depend on the -- what we see in the resumes and, perhaps, interviews and so on. But -- but, there is a policy issue that we need to address, that -- and that has to do with how do you -- how do you treat the candidates? And, I think that the only yardstick we have is what's been done in the past, and I don't know that -- that that -- I mean, I think it's worked well. That is, we have -- we have excluded candidates, but that's not to say we can't revisit it. I'd lust like to hear the arguments, but it's going to be determined by what the resumes have in them. That's the -- that's the bottom line. COMMISSIONER LETZ: I guess my comment is, you know, it's very -- this is a little bit different than the other two that I've been involved with. This is a longer period of time we're talking about; really, 15 months, potentially. JUDGE HENNEKE: Well, possibly, because if there is no general election opponent -- COMMISSIONER LETZ: Right. 97 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: There's nothing to say that the interim person won't resign as soon as the primaries are over, and we can appoint the person who will be elected in November to fill the lob until they take their regular term, much as we did with -- as you all did with J.P. 1, Vance Elliott. COMMISSIONER LETZ: Right. JUDGE HENNEKE: So, we don't know. We don't know whether, quite frankly, the Democratic party will have a candidate for Sheriff, which would involve a November election, or whether -- COMMISSIONER LETZ: Right. JUDGE HENNEKE: -- it will be over in March -- April, when the primaries axe over. My best guess would be the latter, but we don't know that. COMMISSIONER LETZ: And I think my -- you know, at this point, I don't know that we have to exclude the candidates, but I think it may be something we want to discuss at that time. If the candidates want to go ahead and submit a resume at this point, I don't really have a problem with that. And, since the Sheriff has requested, I think for good reason, that we act in a hurry on this, I don't have a problem with going ahead and letting those come in right now. On that -- that's, I guess, what I have to say on that issue. On the selection process, I'd like to get a little bit more 9a 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 into that as to I think certain think resumes would need to come in to the Judge. But, beyond -- how are we going to -- to go through the review process? Are any people outside, like district judges, involved at all, or do you have anything on how are we going to, I guess, review it, and when are we going to make the decision? JUDGE HENNEKE: Well, I thittk the decision -- the decision, we should shoot for the first meeting in September, which I believe is the 13th. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Which gives us three weeks from today. I'm not sure I want to involve the district judges on a formal basis as selecting the Sheriff. I think anyone's free to consult with them or anyone else they want, but I think the decision lies with us. You know, we can have a committee of two. If we have any more than that, we fall under the Open Meetings Act; we have to post meetings and all that. COMMISSIONER LETZ: Right. JUDGE HENNEKE: I think that probably the best thing to do is that, when the applications come in, the resumes, simply make them available to everyone. You know, we can discuss them among ourselves so long as we don't have a quorum. Anyone's free to consult anyone as to how they feel this election process -- I mean selection process -- I 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 29 25 mean, how the candidates stack up. I mean, I certainly intend to talk to people around the community as to the qualities of the people that are -- that are interested in the interim job. COMMISSIONER BALDWIN: Judge, I highly recommend that we go and visit with either the district judges or the D.A.'s or whoever might be -- particularly as non-attorney people. That just -- it has just cleared up so many things for me, just in my -- JUDGE HENNEKE: Well, you're welcome to do that. The question is, will we make it a formal process? COMMISSIONER BALDWIN: Absolutely not. JUDGE HENNEKE: If we make it a formal process, then we have to have open meetings and we have to consider -- COMMISSIONER BALDWIN: No. JUDGE HENNEKE: So, I would encourage everyone to talk to whoever you feel comfortable with as far as the merits of the -- of the people who come forward. As far as the candidates issue is concerned, I think that we ought to stay with our positioning procedure. If we select someone who is an announced candidate, there is no way you can get around the fact that the perception is going to be you're making an endorsement, and that person is going to have a 6-, 7-month head start on everybody else because they're going to be out in the community as the Sheriff. 100 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 And, while I'm sure that no one would ever do this, there is going to be a perception, regardless of who we appoint, if they're a candidate, that at least one decision they make during the interim process, during the time they're interim, is going to be based on political evaluations and not law enforcement evaluations. I know it's not true; we'd never appoint anybody who'd do that, but I guarantee you that they're going to make at least one decision in this 6-, 7-month period where somebody's going to say they did that because of X, Y, or Z. And, I don't think, when you get into law enforcement in particular, that you want to set yourself up for that kind of second-guessing. When the person is elected, they get enough of that the way it is. So, I think that, unless we have no candidates who are not -- have no applicants who are not candidates that we're willing to appoint, that we should not open the pzocess up to candidates. COMMISSIONER WILLIAMS: I would agree with that, Judge. I think voters are entitled to a level playing field when it comes to making a decision for a permanent replacement for Sheriff Kaiser. And, one way that you make the playing field unlevel is to give someone a distinct advantage. And, I -- I concur with your thoughts. COMMISSIONER BALDWIN: Judge, we have the chief law enforcement officer of this County sitting here. I wonder if 101 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 -- do you mind if he -- JUDGE HENNEKE: No, I don't mind at all. Mr. Sutton, do you have something to offer? One of the chief law enforcement officers. COMMISSIONER BALDWIN: One of the two, that's right. MR. SUTTON: One of them. I'd like to remind this Court that each of you promised your constituents that you would do the best lob when you took office as Commissioners and County Judge, and I've heard you this morning wrangle over machines for the Sheriff's Office and for the Clerk's office. Well, what we're talking about here is one of the most important governmental positions of a county, and that's a sheriff. It's not lust administrative duties of filing deeds or filing divorce suits. It is something that is a very integral part of this community, law enforcement. And, to simply say that you may refuse -- tell the public that you're going to refuse to consider a person who may be the best qualified simply because they're a candidate doesn't make any sense, and that's the public perspective. You're going to get into politics on this thing. If you don't choose the best, then it's politics because you didn't. You're going to have it both ways -- politics both ways. But, I urge you to do what's best for Kerr County and what's best for law enforcement. Pick out the best person that 102 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 applies fox the lob. If you pick out someone who is a declared non-candidate today, once they take the oath of office, they can run; there's no way you can stop it. It is illegal to even consider that, because it's a violation of their oath, whether it's appointed or elected, to promise anything as a result of the appointment. JUDGE HENNEKE: That's right, Mr. Sutton, but there's nothing to stop us from unappointing them as soon as they become a candidate, and I guarantee you I would bring that to this Court in a New York minute. MR. SUTTON: Well -- JUDGE HENNEKE: If someone stands in front of me and tells me they're not going to be a candidate, and as soon as they're appointed, or at any time in the process, they become a candidate, I will put -- I will call a special meeting to unappoint this person. MR. SUTTON: Judge, I don't know the procedure for unappointments; I have not looked that up. COMMISSIONER GRIFFIN: Sir, with the pleasure of the Court, in the interim appointment -- MR. SUTTON: Well, I don't know how that works, to be quite honest with you. But, also, there's no such thing an a caretaker Pope, and there should not be a caretaker Sheriff. We need to get someone actively involved in that office, whether they be a candidate or not. I urge you, 103 1 2 3 4 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 please, do not make that a maior part of your consideration. JUDGE HENNEKE: Thank you. MR. SUTTON: Thank you. JUDGE HENNEKE: Anybody else? COMMISSIONER LET2: My comment is, I think I prefer to leave it open to everybody. But, it's hard -- until you know who's applying, it's hard to say one way or the other. If we -- you know, if there's candidate or a -- a person applies for the position that is very well-qualified, you know, that -- that kind of -- that sways me one way a little bit. But, if there's something that I -- if I think the best person is one of the candidates, you know, that kind of sways me a different way, and I hate -- if we're going to be on a rushed schedule, I hate to preclude or make that decision now. I'd rather open it up and see who applies, and then make that decision based on the applicants. And, I think it should be a consideration, but I don't know that I want to say that they can't be. JUDGE HENNEKE: What are you suggesting? That we take -- we allow anyone who wants to apply to apply, but that we consider first the applications of people who are not candidates, and if we find them lacking, then we consider the applications of people who are candidates? COMMISSIONER LETZ: I don't think you should put a precondition one way or the other. I think it should lust be 109 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 legitimate -- it should be part of our decision process if they are a candidate or not and just, you know, bring that up at that time. I mean, in our own minds, if we think it's -- you know, it's an issue to me or to you or to someone else, it's part of the decision for that individual. COMMISSIONER GRIFFIN: And that would -- that would work in that -- and we may not all agree, but it would still affect who you would be in favor of -- of selecting. It wouldn't hurt anything taking the applications, is what you're saying. COMMISSIONER LETZ: Right. COMMISSIONER GRIFFIN: Is that correct? COMMISSIONER LETZ: Correct. And then -- you know, but I'm -- I'm not saying there is going going to be a preference or a nonpreference for those individuals. They're just applicants. And, in my mind, it's probably a little bit of a negative on the candidates, you know. Hut, if -- you know, that may be -- that may be enough -- or the individual may be enough to outweigh that decision. I mean, I may say, "Well, I'd rather not, but this person is a good applicant," or the best applicant, in my opinion, and based on that, you know, be behind that individual. JUDGE HENNEKE: I just will repeat that I think it's a mistake, and I'm not in favor of opening up the application process to candidates, because I think that, 105 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 having been a candidate, their focus is on being a candidate, 'cause they want the job for four years. They don't want the job for 7 months, they don't want the job for 15 months; they want the job for four years. COMMISSIONER BALDWIN: Are we supposed to accept the resignation of the Sheriff today? JUDGE HENNEKE: Yes, we'll accept the resignation of the Sheriff today, effective September 30th. COMMISSIONER GRIFFIN: That we do have to do that as a -- JUDGE HENNEKE: I think we just have to acknowledge it. I don't think we have to do it formally. The Sheriff has resigned effectively September 30th. That is legitimate. COMMISSIONER WILLIAMS: I'd like to move we accept the resignation of Sheriff Kaiser, effective September 30, with regret. COMMISSIONER GRIFFIN: And I will second that, and say that -- I'm sure we'll have other opportunities to repeat this, but she's done a great job, and -- and the citizens of the county owe a lot to her, and we want to express that gratitude the best we can. COMMISSIONER BALDWIN: I third the motion. Echoing what has been said here, I'm just -- I'm sorry that she's not here so that we can say thank you to her. I don't know that there will be another opportunity. I would hope so, but -- 106 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 gentlemen, take to your boss "thank you," from me, anyway. JUDGE HENNEKE: Moved by Commissioner Williams, seconded by Commissioner Griffin, that we accept the resignation of Sheriff Kaiser effective September 30th, with regret. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: We will -- we need to deal with this issue of candidates or not. COMMISSIONER GRIFFIN: How we accept applications. JUDGE HENNEKE: Yes, whether we accept applications from candidates or whether we exclude candidates. COMMISSIONER BALDWIN: We need to accept applications from candidates. JUDGE HENNEKE: Is that a motion? You move that we open up the process to candidates? COMMISSIONER BALDWIN: I don't know that we need a Court Order, but if that's what it takes, it certainly is. JUDGE HENNEKE: I'm -- you had a Court Order with the County Clerk. COMMISSIONER BALDWIN: I move that we open up -- JUDGE HENNEKE: You had a process. COMMISSIONER BALDWIN: -- the selection process and 107 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 include candidates. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved and seconded that the process of selection of interim Sheriff include persons who are announced candidates. Moved by Commissioner Baldwin, seconded by Commissioner Letz. Any further discussion? COMMISSIONER GRIFFIN: Yeah. I would want to clarify in that, that there is nothing -- if we accept applications of candidates -- if we were to accept applications of candidates, there is nothing that implies that -- that candidates would have any better chance than anyone else. COMMISSIONER BALDWIN: Absolutely not. No, sir, I just want them on the table so we can evaluate them along with everyone else, in case this is the best thing for this county's future. That -- if that person is in there, I can lay my ego down and select that person. COMMISSIONER GRIFFIN: Well, I don't have any qualms about that. I just want -- I just want to make sure that if we do that, that there is no -- there is no implied advantage to being a candidate or a non-candidate. JUDGE HENNEKE: Well, the -- you better take your phone off the hook between now and September 13th, then, 'cause if you don't think that the political drums are going to be beating on behalf of one individual or another -- 108 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMI3SIONER GRIFFIN: Oh, yeah. COMMISSIONER WILLIAMS: Already are. JUDGE HENNEKE: -- then you're -- COMMISSIONER BALDWIN: Too late to take the phone off the hook. COMMISSIONER GRIFFIN: Yeah, that's right. COMMISSIONER BALDWIN: At my house. COMMISSIONER GRIFFIN: At my house, too. But I would also hasten to add that I don't know how much good that's going to do anybody, in my mind. So, you can save yourself a phone call. I'm going to look at the resumes. COMMISSIONER BALDWIN: Absolutely. Good. Good point. JUDGE HENNEKE: Any further discussion? If not, all in favor, raise your right hand. (Commissioners Baldwin, Letz, and Griffin indicated by raised hand that they were in favor of the motion.) JUDGE HENNEKE: All opposed? (Commissioner Williams and Judge Henneke indicated by raised hand that they were opposed to the motion.) JUDGE HENNEKE: Motion carries, 3 to 2. Okay, the next item is 2.15, which is on the budget. I'd like to ask that we defer this until the end, if we can. It's going to be a rather lengthy discussion. COMMISSIONER GRIFFIN: And, Judge, while you were 109 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 out, we had folded 2.5 in with that same discussion. JUDGE HENNEKE: Yes, Commissioner Williams passed me that note. Next item is 2.16, which is consider and discuss application by Guadalupe-Blanco River Authority to sell water from Canyon Lake anywhere outside G.B.R.A.'s 10-county statutory district. This was brought to my attention by several holders of water rights in Kerr County. They are concerned about this portion of G.B.R.A.'s Water Rights Amendment Application which gives them the authority to sell water from Canyon Lake outside of G.B.R.A.'s 10-county statutory territory, which would encompass Bexar County. This fs the kind of a public policy issue that I think the Court needs to be aware of and discuss and appropriately take a position on, which is why I bring it before us for your thoughts and consideration. Anyone have any questions? COMMI3SIONER BALDWIN: Yeah. Judge, is this what we would consider an inter-basin transfer? JUDGE HENNEKE: Well, it's not an inter-basin transfer because, technically, an inter-basin transfer is where you take the water right from, say, the Guadalupe River and you transfer that water right to the San Antonio River. COMMISSIONER BALDWIN: Okay. Then, this is different from that? JUDGE HENNEKE: This is different from that, but it 110 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 accomplishes the same thing without having to go through all the hearings and the hoops and the rigamarole. I don't know what Region J has -- whether they've considered this or -- COMMISSIONER LETZ: This is the first I've, you know, seen it. I was not aware that this was present. We haven't -- and part of it is probably through the S.B. 1 process; we're really more working within our region, as opposed to inter-region. You know, that's an item to be discussed later this week as to that. We need to get those discussions going. I was not really aware of this, I guess. JUDGE HENNEKE: The offending paragraph is Paragraph 4 on Page 2. COMMISSIONER LETZ: Has -- I mean, I don't know if it's relevant or not, but has U.G.R.A. had any position on this that you're aware of? JUDGE HENNEKE: Not that I'm aware of. I visited with Jim Brown, and he wasn't sure what they were going to do about this. COMMISSIONER LETZ: I mean, regardless of what their position is, my position would be I think they need to keep their water in the basin, because that increases our chance of getting some in Kerr County. JUDGE HENNEKE: I agree. I mean, we all understand that the only source For additional surface water is basically to get a subordination agreement from G.B.R.A. to 111 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 use more of the water which rolls through Kerr County. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And if they have the ability to encumber that water for San Antonio -- and let's make no bones about it, that's what they had in mind -- we don't have it. COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: Which leads me to ask the question, Judge, if this contemplates a sale of acre feet of water, how do we distinguish this? It seems to me to be something that we don't want to do because it works against the ultimate -- our ultimate purposes of maybe adding to our diversion rights out of this river before it gets to Canyon Lake and depletes any possible diversion rights we might have. How do we offset -- how do we balance these two things? COMMISSIONER LETZ: I think -- I mean, ultimately there is going to -- this issue will have to be addressed in the regional -- the water plan. And, Canyon Lake is designated as a special resource for Region J, so, I mean, I know -- I have a hard time seeing how the Water Development Board -- other than the fact it's not got a whole lot more power than we do. But, I mean, I think it's, you know, contemplated that the water in this basin should stay in the basin, and I think that the Water Board or Development Board 112 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 realize that this was the only option we had was Canyon Lake, and I think that we just definitely need to oppose this, and -- you know, G.B.R.A. giving the water, basically, to the highest bidder. That's what we're trying to do. This will be, you know, brought up at some point, and probably as a -- you know, through arbitrators between Region J and Region L. It's going to be one of the fundamental issues. I think we need to do everything we can as a county to weigh in on the side that we do not want G.B.R.A. selling water outside of our basin to San Antonio. COMMISSIONER WILLIAMS: Of course, we're already doing it. COMMISSIONER LETZ: Right. Any more. COMMISSIONER WILLIAMS: Yeah. JUDGE HENNEKE: Yeah, any more. COMMISSIONER BALDWIN: That's what this is. This is in addition to what? To what they already have there involved with S.A.W.S. and all that? JUDGE HENNEKE: They're coming in the back door of the contract with S.A.W.S. They sell the water in Kendall County, who then turns around and sells it to S.A.W.S. This takes away the middleman. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Flat down the pike. COMMISSIONER BALDWIN: Okay, I'm against it. What 113 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 else do we need to decide? COMMISSIONER GRIFFIN: My question is, what can we do -- what can we do that most forceably gets us on record as being against it? JUDGE HENNEKE: Well, I think what we should do is -- is if the Court is so disposed, is adopt an order opposing this request and direct the County to file a protest -- a request for a contested hearing opposition with the T.N.R.C.C. COMMISSIONER GRIFFIN: So moved. COMMISSIONER BALDWIN: Second. COMMISSIONER WILLIAMS: Well, let me see if we can throw in a little amendment here. An opposition in conjunction with U.G.R.A., and we can go to them and do the same thing. JUDGE HENNEKE: Let's do our thing. We'll give it to U.G.R.A. and see what they want done. COMMISSIONER BALDWIN: Yes, let them be in conjunction with us. JUDGE HENNEKE: Motion has been made by Commissioner Griffin, seconded by Commissioner Baldwin, that the Kerr County Commissioners Court oppose the application by the Guadalupe-Blanco River Authority to sell water from Canyon Lake outside of the G.B.R.A.'s 10-county statutory district and direct the County Judge to file a protest and 119 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 request a hearing with the Texas Natural Resources Conservation Commission. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried. by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. Okay. Item No. 17 is -- we're not ready for that yet. I'm going to pull that one off the agenda. Item No. 18 is from the Sheriff's Department, consider and discuss request for increase in civil fees. The Sheriff wasn't able to be here. I don't know if you want to consider this without a recommendation from her or whether we want to table this and get a schedule from her. COMMISSIONER WILLIAMS: She's making a recommendation, Judge. JUDGE HENNEKE: She's making a recommendation. COMMISSIONER BALDWIN: Let's see. In '98, we increased it from -- I think a S35 jump or something like that. Tommy, do you remember? MR. TOMLINSON: No. COMMISSIONER BALDWIN: And then this request is -- well, no. $100? JUDGE HENNEKE: What she's asking, I think, is to take the fee for executions, Writ of Executions and Order of 115 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 29 25 Sale to $200, and Writs of Attachment, Garnishment, Sequestration, and Possession to $100, I guess. COMMISSIONER BALDWIN: From $95 to $100? JUDGE HENNEKE: Mm-hmm. And fees for service of subpoenas, citations, and summons to anywhere from $50 to $75, depending on what you're sending. Basically, everything that's $95 she wants to raise up to a maximum of $75. The first one through 7, 8, 9, and 10, she'd like to take up to $200. And, Writs of Attachment, Garnishment, Sequestration, and Possession, which would be 11, 12, and 13, take up to $100, I guess. Is that the way everyone else sees it? COMMISSIONER BALDWIN: Okay. Notice of Citation -- COMMISSIONER WILLIAMS: I'm having a hard time figuring it out. COMMISSIONER GRIFFIN: Would we have time to ask for a less -- what we think the fees -- what the Sheriff would like to recommend that the fees for each of these be? COMMISSIONER LETZ: Riqht. JUDGE HENNEKE: That was kind of where I was heading. Can we ask her, as opposed kind of the generic request, that she redo her schedule with the dollar figures inserted that she thinks are appropriate. COMMISSIONER GRIFFIN: Yes. JUDGE HENNEKE: Shall we we do that and bring it back? 116 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Thank you very much. COMMISSIONER LETZ: Judge, can I quickly go back to 2.17, regarding the manufactured homes? Under the law, we have to set a public hearing for that one. Is it possible to set the hearing, do you think, at our next Commissioners Court meeting? JUDGE HENNEKE: Yes. I think it will be -- I think at our next Commissioner Court meeting, we'll have something we can -- COMMISSIONER LETZ: But., I mean, do we have to have a Court order to set that as a public hearing, as opposed to an agenda item? It says -- I was reading the law -- after -- public hearing after notice was published in the newspaper, which is more than we do for a Commissioners Court meeting. So, can we, I mean, set the public hearing today? JUDGE HENNEKE: Well, the problem with setting a public hearing is you have to publish what you're going to have a hearing on, the actual ordinance. COMMISSIONER LETZ: Right. But we could have a proposal before we go out to the public on them. JUDGE HENNEKE: Yeah. But I think the way you do that is the Court adapts the proposal, then -- COMMISSIONER LETZ: And then you do the hearing. JUDGE HENNEKE: And then you adopt the ordinance, so -- 117 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER GRIFFIN: You can do that next time. JUDGE HENNEKE: Yeah. COMMISSIONER LETZ: Okay. All right. JUDGE HENNEKE: Next item is Item No. 19, consider and discuss approving Memorandum of Understanding between Kerr County and Hill Country Council on Alcohol and Drug Abuse, Inc., and authorize County Judge to sign same. COMMISSIONER BALDWIN: So moved. COMMISSIONER LETZ: Second. JUDGE HENNEKE: Moved by Commissioner Baldwin, seconded by Commissioner Letz, that we approve the Memorandum of Understanding between Kerr County and Hill Country Council on Alcohol and Drug Abuse, Inc., and authorize County Judge to sign same. Any further discussion? In not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. We have one more agenda item which we could take up before lunch. Tommy? MR. TOMLINSON: This is back to the -- to the fees on the Sheriff. JUDGE HENNEKE: Uh-huh. MR. TOMLINSON: And this is lust a thought. I wonder if there's any -- anything that might require the 118 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Court to make that change before September the 1st. COMMISSIONER BALDWIN: Now, I was thinking the same thing. Seemed like there was something the re. MR. TOMLINSON: I mean, this is probably brought about by some legislative change. JUDGE HENNEKE: Yeah, but it's effective September 1, so if we don't make them before September 1st, it just means they're effective later -- no, they're effective January 1st, according to the Sheriff's write-up. MR. TOMLINSON: Okay. JUDGE HENNEKE: Fees are effective -- COMMISSIONER LET2: January 1. JUDGE HENNEKE: January 18. COMMISSIONER LETZ: It says '99, though. COMMISSIONER BALDWIN: Yeah. The court -- the old '98 court order was to the -- JUDGE HENNEKE: Oh, but, the first paragraph says requesting the Commissioners Court to increase these fees effective January 1, 2000. MR. TOMLINSON: Oh, okay. I just remembered that sometimes that does happen. JUDGE HENNEKE: Yeah, sometimes that happens. I don't think this case is one of those. MR. TOMLINSON: Okay. JUDGE HENNEKE: The other item which we could take 119 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 ZO 21 22 23 29 25 up is the extension of the burn ban. My recommendation is that we extend the burn ban for two weeks, if we can. If we don't get any rain in those two weeks, it's probably going to necessitate a special meeting, but at that time we should be able to go under the new law and extend it for a greater period than two weeks. I don't think -- there's be been no rain that I'm aware of, Buster. COMMISSIONER HALDWIN: No, there's not, but it's coming, though. COMMISSIONER LETZ: So moved. Extend it for two weeks. COMMISSIONER GRIFFIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Griffin, that we extend the current burn ban for a period of 19 days from today's date. Any further discussion? If not, all in favor, raise your right hand. (The motion was carried by unanimous vote.) JUDGE HENNEKE: All opposed, same sign. (No response.) JUDGE HENNEKE: Motion carries. At this time, let's stand in recess until 1:30, at which time we'll take up 2.15 as well as 2.05. (Discussion off the record.) (Recess taken from 11:50 a.m. to 1:30 p.m.) lzo 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: It's 1:30 on Monday, August 23rd, and we'll reconvene this Special. Session of Commissioners Court. I do want to backtrack on one issue, which is the appointment of the interim Sheriff. It was pointed out to me by a member of the audience that we actually failed to give a deadline and to describe what we would like to have submitted, so I don't know if we need a formal order on that or not, but I would like to suggest September the 3rd, and have a letter indicating their willingness to serve as interim, along with a resume. Does that meet with everyone's approval? COMMISSIONER WILLIAMS: Is it our intention to take the issue up on the 13th? JUDGE HENNEKE: Yes. COMMISSIONER LETZ: Yes. JUDGE HENNEKE: How does that timeframe work out? COMMISSIONER LETZ: That's good. That gives us -- COMMISSIONER BALDWIN: 5 o'clock? JUDGE HENNEKE: 5 o'clock on September the 3rd. A letter addressed to me indicating their willingness to serve in an interim capacity. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And a resume outlining their qualifications. COMMISSIONER LETZ: And anything else they want to 121 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 submit. JUDGE HENNEKE: Yes. Then I'll have those copied and they'll be available for everyone Tuesday, since Monday's a holiday. Okay? COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER GRIFFIN: Very good. JUDGE HENNEKE: All right. With that cleanup, let's move onto Agenda Item 2.15, which is to consider and discuss status of the budget and schedule for adoption of the budget and set a tax rate -- setting of tax rate. I think Paula's going to join us shortly; I think she said she would. MR. TOMLINSON: Yeah, she told me she was. JUDGE HENNEKE: To give us some indication as to what is required. While we're waiting on her, does anyone have any comments on the July 23rd memo that I distributed to the members of the Court? COMMISSIONER BALDWIN: Judge, I have another question outside of that, lust real quick. I have obviously been in a coma again for a while, but what did we do with the Appraisal District budget? What did we do? Did we approve it7 Did we -- JUDGE HENNEKE: We haven`t approved it yet, because I just got it, too late to put on this agenda. COMMISSIONER BALDWIN: If we -- if we don't do anything, it's automatically approved? 122 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Well, if a majority of the taxing jurisdictions approve the budget, it's approved. COMMISSIONER BALDWIN: It's approved. And, if we don't do anything, that's an affirmative vote? JUDGE HENNEKE: If we cion't do anything, we don't do anything. It's not counted as as an affirmative vote, the way I understand it, but if the majority of taxing jurisdictions approve the budget, it's approved. We can disapprove it, and if a majority approve it, it still goes into effect. COMMISSIONER LETZ: What was the increase: JUDGE HENNEKE: It's minor. It's, like, 52,000. COMMISSIONER BALDWIN: They took away -- they added to it and took away from other places. Pretty good budget. JUDGE HENNEKE: Yeah. COMMISSIONER LETZ: They stay very consistent. It's interesting that Kendall County thinks that Kerr County's on the wrong -- does not follow the statute on when they do their budget. JUDGE HENNEKE: Really? How's that? COMMISSIONER LETZ: They think -- it's very clear to Kendall County that that budget should be done in March. JUDGE HENNEKE: One of us is real wrong, and I'm not sure which one it is. COMMISSIONER LETZ: They say that the Property Tax 123 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 Code spells out the process, and that that is not what they're doing in Kerr County. I've never -- I don't have a position -- JUDGE HENNEKE: Those people are obviously adversely affected by being too close to -- COMMISSIONER LETZ: To San Antonio. JUDGE HENNEKE: -- to San Antonio. (Laughter.) COMMISSIONER GRIFFIN: One thing we might talk about in a minute, Judge, is that -- do we have some -- do we have a date for sort of our next workshop, budget workshop, that we might -- I mean, irrespective of all the steps we have to qo through? JUDGE HENNEKE: That's part of what we need to talk about. Do we need to have a workshop? COMMISSIONER GRIFFIN: Or are we lust ready to go ahead -- JUDGE HENNEKE: The way I understand the process is -- and I'm sure Tommy will lump in here -- is we have to approve -- we have to approve a budget, set a public hearing, and have a public hearing on the budget, public hearing on any elected officials' salaries that we adjust, adopt the budget, and then have a public hearing on the tax rate, set the tax rate, file the budget. Is that -- MR. TOMLINSON: That's pretty much it. 129 1 2 3 9 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: Is that pretty much it7 MR. TOMLINSON: Yeah. COMMISSIONER GRIFFIN: I was thinking of folding in this 2.5 issue that we discussed this morning, that we deferred. JUDGE HENNEKE: Yes. COMMISSIONER GRIFFIN: Probably ought to do that at whatever our first -- about the group health insurance. We probably ought to do that at our first budget -- our next budget get-together, whether that's a workshop or an official Court session or whatever. JUDGE HENNEKE: So, I don't know whether we need to have another workshop, per se. I mean, that's up to us. We can talk about anything we want to today. We're not limited to anything. COMMISSIONER LETZ: My -- I guess the first part, I guess, to go through your memo on the twenty -- this is August -- it says August 12th. I'm confused on a point. And, some of the -- if some of this stuff can get cleared up, I may say if we do, we don't need a workshop. Under Item 3. JUDGE HENNEKE: Right. COMMISSIONER LETZ: Where it says, Tommy protects Fund Balance of such-and-such, and gives us a surplus of $691,957. And, then, in the item -- in 4. JUDGE HENNEKE: Mm-hmm. 125 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: Is that -- you refer to that, I guess, as "excess" fund balance. JUDGE HENNEKE: Right. COMMISSIONER LETZ: I guess my -- my question comes in that we're -- or what you're talking about is spending $462,000 of our excess fund balance? JUDGE HENNEKE: Of the $641,000, yes. COMMISSIONER LETZ: Right. JUDGE HENNEKE: So, we would add to the fund balance if we only spent what I'm suggesting, an additional $180,000. COMMISSIONER LETZ: But is -- my question, which goes to Tommy, is that a deficit budget or a surplus budget over what we are doing -- I mean, I thought -- what is our current fund balance, I guess, is the question. MR. TOMLINSON: Well, it would -- I'm projecting it to be -- well, for the General Fund, is it's $289,000, on the fourth page. It's hard to compare, because there's 181 -- a million-eight fund balance that's related to the bond proceeds or the -- COMMISSIONER LETZ: Mm-hmm. COMMISSIONER WILLIAMS: To what, Tommy? MR. TOMLINSON: To the proceeds of the tax note for the remodel job. So, you'd have to -- you have to take that out to -- so, if you look at the top line where most of the 126 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 expenditures are -- COMMISSIONER LETZ: Right. MR. TOMLINSON: -- that's where the majority of the fund balance is. So, that's what we're going to start with, I think. COMMISSIONER LETZ: What was our beginning balance last year? I guess what I'm looking at, if we spend that much of the surplus, are we essentially doing deficit spending? MR. TOMLINSON: Well -- COMMISSIONER LETZ: Based on expenditures? MR. TOMLINSON: On this budget, yes, we would be, by about -- I don't know. Well, again, I'd have to take out the expenditures for the remodel to tell you -- to say that for sure, but you look at the revenues for the General Fund, you have about S10 million in revenue. COMMISSIONER LETZ: Yeah. MR. TOMLINSON: And if you take out that 52,125,000 of permanent improvements, then you get to nine -- S9 million-eight. So, in round numbers, if you -- if you spent more than S200,000 of the -- of the surplus figures, you'd be close to a deficit spending, yeah. But, I don't -- the way I look at it, you don't want to tax for -- for -- to obtain surplus if you don't need it. COMMISSIONER LETZ: Right. 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: So, the column on the right, I think, in my opinion, is the minimum we could go to. COMMISSIONER LETZ: Right. JUDGE HENNEKE: But, as we talked about, it's the minimum you're comfortable with. MR. TOMLINSON: Right. JUDGE HENNEKE: It meets all the standards of your -- MR. TOMLINSON: Right. JUDGE HENNEKE: -- your profession and -- MR. TOMLINSON: So, that's kind of a benchmark, I would call it, as to -- COMMISSIONER WILLIAMS: This 2.984? MR. TOMLIN3ON: Right. JUDGE HENNEKE: Right. What I suggest in my memo would actually take that up to 3.16. COMMISSIONER LETZ: Right. MR. TOMLINSON: Yes. COMMISSIONER LETZ: But, I guess what's I'm trying to find out is, if we -- although a lot of yours are one-time items, I guess, or -- JUDGE HENNEKE: Yeah. COMMISSIONER LETZ: I want to make sure we don't get in a position where we're spending more -- where our balance - - our fund balance is going in a downward -- 128 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: No. No, that's not the case, for sure. We're -- we were lower at the beginning of this year than -- than we are now. COMMISSIONER LETZ: Okay. That's -- MR. TOMLINSON: I can't -- I don't remember exactly what it was. I don't have that with me right here, but I -- I'm sure of that. COMMISSIONER LETZ: And the additional money that we, I guess, set aside from the tobacco settlement, that $400,000, that's in that surplus number? MR. TOMLINSON: Yes, it is. COMMISSIONER LETZ: Is that included in there? MR. TOMLINSON: Yes, it is. COMMISSIONER LETZ: So, essentially, if we're going to end up with $200,000 surplus above the minimum, we're using up about half of that money, then? JUDGE HENNEKE: That's right. MR. TOMLINSON: That's right. COMMISSIONER LETZ: On this -- JUDGE HENNEKE: And, basically, if you wanted to, you could say we're using that for that. MR. TOMLINSON: Yeah. JUDGE HENNEKE: We'll make that equation, because we are taking about $225,000 to use for courthouse -- COMMISSIONER LETZ: But this -- yeah. I guess, you 129 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 know, it's -- if we were going to, at some point, spend this out at the airport and try to reserve some money, we're spending that money. You know, maybe it's the right thing to do. I'm just saying if we're talking about doing golf course renovation or helping with the sewage line to the airport, that money is being used for this stuff, then, instead of keeping it aside for that permanent structure. JUDGE HENNEKE: That's right. We're making a decision to go ahead and tap into that at this time. COMMISSIONER LETZ: To use that now, as opposed to -- okay. COMMISSIONER GRIFFIN: What do we need to do first? JUDGE HENNEKE: Well, Paula's here now. If we want to, we can let her talk to us about requirements and timing. So -- MS. RECTOR: Okay. Y'all been talking about the budget? JUDGE HENNEKE: Just kind of starting to get into it. MS. RECTOR: Okay. Okay, the first step in getting the tax rate adopted is that, if you're planning on adopting a rate that's going to raise more revenue than the preceding year -- which, even if we stay at the current rate, it's going to generate more revenue; the only rate that won't will be the effective rate that's published -- you'll need to 130 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 schedule a meeting and take a vote on the proposed rate. And, I'm assuming that the next Commissioners Court date, I think, which is September the 13th, that that should probably be on the agenda at that time. JUDGE HENNEKE: Mm-hmm. M3. RECTOR: And, after you take your record vote, then I need to know immediately who's voting for, against, abstaining, who's present, who's not present. Then I publish the first quarter-page ad in the newspaper, which is the Notice of Public Hearing on the tax increase. Okay. Then you have to hold your public hearing, and I need to have at least 7 days before the public hearing to get that notice published. And then we're looking at a kind of a tight timeframe where the Court probably will need to have some additional meetings in order to get this accomplished because of the timeframe involved. After your public hearing on the tax increase, then you will announce at that hearing the meeting to adopt the tax rate, which is no less than 3 and no more than 19 days from that date, and then I go into publishing my second quarter-page ad. And, then you will meet to adopt the tax rate. You can adopt the budget and the tax rate on the same day, but it has to be done in two separate meetings. You'll have to open your meeting for adoption of the budget, close your meeting, and then open your meeting for adoption of the 131 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 tax rate, but it can be done on the same day. But, the budget will need to be placed on file, I'm sure y'all know, in the County Clerk's office for a certain period of time before you can can adopt the budget. And then, if there's any increase in elected officials' salaries, that will also have to go to a public hearing on elected officials' salaries, so that all of that needs to be taken into consideration in planning the dates. But, I have to comply with the Truth in Taxation calendar, as far as getting my notices published and the meetings -- the public hearings and then the meeting to adopt the tax rate. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Step 1 was adopt a proposed rate? MS. RECTOR: No. You discuss the proposed rate in a Commissioners Court meeting. COMMISSIONER BALDWIN: On September the 13th. MS. RECTOR: You vote on that proposed rate. It's not the adoption; it's a vote on ff you're going to consider adopting that rate. Okay? If you're going to consider adopting the current rate. COMMISSIONER BALDWIN: Mm-hmm. MS. RECTOR: Then, whoever is voting for it, I need to know who's voting for the proposed rate, who's voting against it. And, you're not adopting the rate; you're just 132 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 voting for or against the proposed rate. COMMISSIONER BALDWIN: Okay, that's fine. And then Step 2 is hold a public hearing? MS. RECTOR: Right. At the time that you take your vote on the proposed rate, you will set your date and time at that meeting -- at the Commissioners Court meeting, will set your date and time for your public hearing. COMMISSIONER BALDWIN: Uh-huh. MS. RECTOR: Okay. I need to have at least seven days before that public hearing to publish the first quarter-page ad. COMMISSIONER BALDWIN: Right. And, this public hearing is to hear the public on this rate that we -- MS. RECTOR: On the proposed rate. COMMISSIONER BALDWIN: -- agree with or not agree with? MS. RECTOR: It's just a discussion of the proposed rate, but it has to be done in a public hearing. COMMISSIONER BALDWIN: And -- okay. You used the word, though, tax increase. Public hearing on tax increase. MS. RECTOR: That's the -- that's what the notice is called. COMMISSIONER BALDWIN: Oh, okay. COMMISSIONER GRIFFIN: So, it may not be an increase, but that's what we call it anyway. 133 .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MS. RECTOR: Right. It -- well, in essence, it is. Even if we adopt the same rate, it's going to be an increase in revenue. It's a tax increase. It's not a tax rate increase, but it is a tax increase. COMMISSIONER WILLIAMS: Because evaluations -- MS. RECTOR: Because evaluations are up. COMMISSIONER BALDWIN: I understand that. I understand that, but I'm not sure who -- if Mr. Jones down on West Water Street is going to understand that whenever he reads it in the paper, that we're going to adopt -- COMMISSIONER GRIFFIN: Tax increase. COMMISSIONER BALDWIN: -- a tax increase. MS. RECTOR: Well, in the notice that I publish, it has -- and I don't know how many people really pay attention to these notices in the paper. COMMISSIONER WILLIAMS: There are one or two out there that do. MS. RECTOR: There are some people out there. What I -- I have to do a comparison of taxes from last year to this year, even with the same tax rate, because the valuation is up. What that rate generated this year versus what that same rate's going to generate on the increased value of this COMMISSIONER WILLIAMS: Didn't you just do that? MS. RECTOR: No. What I published was the next year. 139 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 effective and rollback rate. COMMISSIONER WILLIAMS: I got you. MS. RECTOR: But this is what the first quarter-page ad looks like here. COMMISSIONER WILLIAMS: Now, do you run it just one time? MS. RECTOR: I run it one time, yes. COMMISSIONER WILLIAMS: It has to run one time seven days before the public hearing? MS. RECTOR: That's correct. COMMISSIONER WILLIAMS: Okay. MS. RECTOR: And then at that public hearing, then you set your date and time to adopt your tax rate, and then I publish no less than 3, no more than 14 days from that date, this notice to the public. COMMISSIONER GRIFFIN: So, on the 13th of September, you actually -- you could print the first one as early as the 19th, right? If you had it really together? COMMISSIONER WILLIAMS: Mm-hmm. MS. RECTOR: Depending on when you set your public hearing. COMMISSIONER GRIFFIN: Yeah. MS. RECTOR: Yeah, as long as I have seven days to publish. COMMISSIONER WILLIAMS: So, if we set a public 135 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 hearing for the 21st and you had it in on the 14th -- MS. RECTOR: Yeah. As soon as the meeting's over and I get the vote in, I'll just plug it in, and then I can have that ad ready. The only things that -- that we need to keep in mind is that the newspaper sometimes has a hard time getting these notices in on a particular day. They may be Eull. COMMISSIONER WILLIAMS: You can reserve space in advance, though. MS. RECTOR: That doesn't always work, I've learned in the past. COMMISSIONER GRIFFIN: If we did it on the 13th and we had the space reserved, there's no reason we couldn't go ahead and publish on the 19th and start that clock running. MS. RECTOR: I can get the notice to the paper on the 13th as soon as the meeting's over and I have the information. I can go ahead and get it prepared and take it to the newspaper, and then -- I can call them in advance and tell them that this is coming, and we would like to reserve a space for a quarter-page ad in their paper. I can do that. JUDGE HENNEKE: And we could have the public hearings, one on the elected officials' increases, if that's where we go, and on the tax increase on the 21st. MS. RECTOR: Mm-hmm. Now, the sooner we get this -- 136 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: And then have a meeting to adopt the tax rate. MS. RECTOR: No less than 3, no more than 14 days from that day. JUDGE HENNEKE: Yes. MS. RECTOR: Because then my -- my clock starts ticking, as far as what I need to do on my end to get the tax statements prepared, and it usually takes me -- if I don't have a problem, it usually takes me about three to four weeks from start to finish. JUDGE HENNEKE: Mm-hmm. MS. RECTOR: 'Cause it's -- we have to load all that into the computer. It takes several days for all of that information to be loaded and have my statement tapes printed and then send those off to the printer. JUDGE HENNEKE: So, we conceivably could then adopt the tax rate at our regular scheduled meeting on the 26th if all that fell into place? MS. RECTOR: Right. Just have your public hearing in between there, in between the 13th -- JUDGE HENNEKE: Have the public hearing on the 21st or 22nd. MR. T0MLIN30N: You could have the public hearing on the budget. MS. RECTOR: Yeah, you've got to have your public 137 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 hearing on the budget. COMMISSIONER WILLIAMS: 27th. It will be the 27th. JUDGE HENNEKE: What's that, our next regular meeting? COMMISSIONER WILLIAMS: Yeah. You're meeting on the 13th. Fourteen days later is the 27th. First meeting's the 13th. JUDGE HENNEKE: Right, 27th. Right, okay. MS. RECTOR: To adopt on the 27th? JUDGE HENNEKE: Right. MS. RECTOR: Is that what you're saying? JUDGE HENNEKE: We adopt the budget first. MS. RECTOR: Right. JUDGE HENNEKE: Then we adopt the tax rate at that meeting. We have to have the budget on file for 15 days at the County Clerk's office before we can adopt ft, which backs us up to the 12th, which means we'd have to have a meeting sometime between now and the 12th in order to approve the budget. MR. TOMLINSON: Right, the proposed budget. JUDGE HENNEKE: File it at the Clerk's Office for at least 15 days before we can actually adopt it. Okay. How does that sound for everyone so far? COMMISSIONER HALDWIN: Sounds pretty good to me. COMMISSIONER WILLIAMS: Those dates are okay. I'm 138 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 not sure about this meeting that you're just now talking about so we can get the budget to the Clerk. I've got a few days out of town that week. JUDGE HENNEKE: To vote on the rate, 9/13; publishing hearings, 9/21, and vote on adopting the rate -- COMMISSIONER GRIFFIN: Budget. MS. RECTOR: Need to adopt the budget first before you -- JUDGE HENNEKE: I'm doing this one first. Then we back up -- from 9/26, we have to go back 15 days, which would be 9/11, so sometime before 9/ 11 we have to meet to adopt the budget -- approve the budget, so that it can be with the County Clerk's Office 15 days. Okay. So, that's the timetable we need to work on now, is approving the budget before 9/11 -- on or before 9/11. So, the issue I bring is, do we need to meet in a workshop or another forum next week, and then have another meeting to adopt the budget? Or, what would be everybody's -- COMMISSIONER GRIFFIN: Well, I think we can -- I think we can go straight to a meeting to adopt the budget. I think we know where the issues are. If we can get the -- you know, get all of these last things worked into a budget that we can all look at. JUDGE HENNEKE: We have the rest of this afternoon, till 3 o'clock, to hash out any budget issues we want to. 139 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 I'm -- I'm open to suggestions at this time, whether we feel like we need another workshop meeting in order to go over more fully budget issues, and then -- doesn't have to be a workshop; we could just schedule another meeting, the intent being to hash out issues and adopt the budget. But, I think Tommy has to have the ability to print whatever we hash out, don't you, before we adopt it? Or -- MR. TOMLINSON: Well, I just need probably a day and a half to -- to load all the numbers and print out a budget that we can file. JUDGE HENNEKE: Okay. MR. TOMLINSON: And, so, probably two -- you know, two full days to allow us to -- to load the budget and print before we can actually -- COMMISSIONER WILLIAMS: How about next Monday? JUDGE HENNEKE: I'll be here. What is that? COMMISSIONER WILLIAMS: 30th. JUDGE HENNEKE: 30th. COMMISSIONER GRIFFIN: Could the process be that -- that you, Fred, would take what we had before, your budget numbers, and redo those sheets? Is that how we would physically work that? JUDGE HENNEKE: I'm open to -- are you talking .~.^ department by department, or -- COMMISSIONER GRIFFIN: Right. 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE HENNEKE: -- simply overall? I don't know if Tommy's got all those loaded in or not. COMMISSIONER GRIFFIN: I'm just trying to think it out. MR. TOMLINSON: I have the budget loaded as was recommended at the last budget workshop. I don't -- I don't have anything in it that's -- JUDGE HENNEKE: Off of the wish list? MR. TOMLINSON: -- that's on the wish list. JUDGE HENNEKE: Basically -- basically, if you look at my memo dated August 12th, Tommy's loaded everything into the budget except what starts with -- COMMISSIONER LETZ: Item 4? JUDGE HENNEKE: -- Number 9, and the additional $20,000 give-back money to the Sheriff, which was inadvertently left out. So, he's got everything else in II there. All of what I called, in my July 23rd memo, required stuff is loaded into the budget. MR. TOMLINSON: Right. COMMISSIONER LETZ: I guess my only question is -- and I'm -- I don't know, really, how I do -- maybe, hopefully, the Judge has a better list than I kept on the wish list. You know, as to what was not included on your wish list. I mean, what items -- JUDGE HENNEKE: Every request for funding is in 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 this memo, the July 23rd. Do you have a copy of that? COMMISSIONER LETZ: I've got one in my office. JUDGE HENNEKE: Everything that was -- all the money was that requested by anyt~ody for anything, to the best of my ability, is on this piece of paper. COMMISSIONER LETZ: A1.1 right. JUDGE HENNEKE: And, everything under what is called Required Increases is already loaded in the budget, so we have -- then we have other costs -- then we have Additional Costs and Not Prioritized. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And, what I attempted to do in the -- my memo of August 12th was to go back and fund the things under Additional Costs that I prioritized. In other words, my priorities. COMMISSIONER LETZ: Right. JUDGE HENNEKE: So, everything in the far right column, for the most part, has not been addressed. I did go back and add the Region J administrative money, because that -- you and I talked about that after I did this. So, that's -- COMMISSIONER LETZ: Well, there -- JUDGE HENNEKE: -- that's on here. COMMISSIONER LETZ: This was that $5,000 that we put in the budget. This -- this is not in addition to that. 142 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE NENNEKE: No, no, no. It's -- COMMISSIONER LETZ: It's redundant. JUDGE NENNEKE: The number that's in here, the August 12th memo, is the real number that you gave the me, the 39 -- COMMISSIONER LETZ: $3,910. JUDGE NENNEKE: Whatever it is. We would have to address the hard core -- the fix for the Y2K problem at the Sheriff's Department, and this -- the suggestion was raised during our break that -- and I have a call to the Sheriff, that if she's comfortable enough with having enough surplus in her jailers' salaries, you might go ahead and fund that this year, with the understanding that we'd have to spend the money. We can't 3ust earmark it; we've got to actually spend it. But, that's -- that's an issue that we can look at. COMMISSIONER GRIFFIN: If we -- I'm trying to think of the fastest way to get us something that we can judge on, as far as the budget is concerned. If -- if you took this memo and -- and we can certainly scrub on this now, as Fred says, if we want to. But if we took this memo, accounted for the Sheriff's computer impact and anything else we might need to hash out, and Tommy could get that loaded, then -- on top of what he's already done, then you should have a budget, right? That we can -- JUDGE NENNEKE: Yeah. If we can -- if we can come 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 to any agreement on -- on numbers or dollars that are at issue today, then Tommy can go turn it around; he could have new budgets in time, probably, for a discussion a week from today. And -- MR. TOMLINSON: Yeah. The only -- the only slow part of this is going to be the salaries. JUDGE HENNEKE: Yeah. MR. TOMLINSON: 'Cause we'll have to calculate the benefits based on the salaries, so we'll have to get the salary of the new rate structure from your office. JUDGE HENNEKE: Yeah. MR. TOMLINSON: And then we'll go in and calculate the social, FICA, and retirement, and apply that to all the salaries, county-wide. So, that -- that takes some time. JUDGE HENNEKE: Do you think it's reasonable, though, that if -- if we -- when we finish today, we have a pretty good idea where we want the numbers to be, that you could have something to us by a week from today? MR. TOMLINSON: I think so. If we -- if we can get those salary numbers -- Thea's not here today, is she? JUDGE HENNEKE: She's not here this week or next week. But, these -- the instructions were, for people who gave merit increases, they were supposed to include the FICA and the benefits in their recalculations, so they should be in here. 194 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: I'm talking about the COLA. JUDGE HENNEKE: The COLA, that's an across-the-board? MR. TOMLINSON: Yeah. COMMISSIONER LETZ: What was the percentage on the COLA? JUDGE HENNEKE: Two and a half. COMMISSIONER LETZ: Two and a half percentage? MR. TOMLINSON: That is -- that is something I'd like to have clarified on the -- on the COLA and the merit. If we want -- if we want to do the COLA first, and then -- and then put the merit on top of the -- of the new rate structure, is that the way we work it7 JUDGE HENNEKE: I think that's the appropriate way to do it, to give everyone the across-the-board, and then, for the people who are being awarded merit, then they get the merit. MR. TOMLINSON: Okay. JUDGE HENNEKE: Is that everyone's -- COMMISSIONER LETZ: I agree with that. COMMISSIONER GRIFFIN: Mm-hmm. COMMISSIONER WILLIAMS: Yeah, I'm okay with that. COMMISSIONER GRIFFIN: You don't want to give a COLA on the raise they lust got. COMMISSIONER WILLIAMS: I don't know how anybody 195 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 else feels about the merit -- I mean, about the COLA, itself, but I'd like to have a little discussion on the 2.5 versus 3 percent. JUDGE HENNEKE: Let's hold -- COMMISSIONER WILLIAMS: Given what -- you don't want to talk about that? ~~ JUDGE HENNEKE: No, let's hold off for just a few minutes. Let's do process before we do numbers. COMMISSIONER WILLIAMS: Okay, the process. JUDGE HENNEKE: What I'm get getting the sense of -- and I don't want anybody to walk away scratching their head -- is we're going to come back again a week from today. Do you want to come back a week from today in a workshop setting, with the understanding that sometime later next week, we would have a special meeting to actually adopt -- approve the budget? I keep getting "approve" and "adopt" mixed up. Approve the budget. Or, do we want to set a week from today for the -- for when we're actually going to approve the budget, which will then be printed and filed with the Clerk and will be the basis for all that follows after, the tax rate, the -- all those things. COMMISSIONER GRIFFIN: Can we -- could we just schedule a meeting for a week from today, review the budget numbers we have at that point, and make changes if required? I mean, this -- in a regular session, just like we are now, 196 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 make changes as required, 'cause I think those will be small, nothing big, and then adopt that budget? JUDGE HENNEKE: Yeah. COMMISSIONER BALDWIN: Have the ability to adopt the budget? COMMISSIONER GRIFFIN: Have the ability to adopt the budget at the same time. We can start at 9 o'clock or some good hour where we can spend the day, if necessary. COMMISSIONER BALDWIN: 9:30. JUDGE HENNEKE: We post for that just like it's posted today. If we want to do that today, we can do that today. I just want to get a sense of the -- COMMISSIONER LETZ: Right. JUDGE HENNEKE: -- whether we ought to have another meeting to really massage the numbers and think about it and come back, or whether we're ready, a week from today, to approve the budget, which is to set it in -- pretty much in stone, because it's going to be printed, filed with the County Clerk for anybody to get, and becomes the basis for the tax. COMMISSIONER GRIFFIN: If we do that a week from today, based on the fact that we rework -- figure some numbers, get them to Tommy so he can give us some -- JUDGE HENNEKE: We have to do that today? COMMISSIONER GRIFFIN: Yes. 147 1 2 today. 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: We pretty much have to do that COMMISSIONER GRIFFIN: That's right. JUDGE HENNEKE: Okay. All right. So -- COMMISSIONER LETZ: Before we get -- now, on Monday -- next Monday, though, we can still make some adjustments. JUDGE HENNEKE: Yes, but they're adjustments; they're not major decisions. COMMISSIONER LETZ: Right. JUDGE HENNEKE: We can't put off till then COLA or -- MR. TOMLINSON: Keep in mind, too, that you can -- you can still change it till the very last minute. JUDGE HENNEKE: Yes. MR. TOMLIN3ON: Even though -- even the day that you come in here to adopt the budget, you could change it. COMMISSIONER LETZ: Right. MR. TOMLINSON: Even after it's been published. COMMISSIONER GRIFFIN: Yes. MR. TOMLINSON: So, you're not absolutely locked in to -- to what you're going to approve on -- on the next meeting. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Okay. COMMISSIONER GRIFFIN: And I think we can do that 198 ,~ 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 -- if we do our job today, we can do that in one meeting next week and be ready to print a budget. COMMISSIONER LETZ: Right, I agree. JUDGE HENNEKE: Okay. Are y'all comfortable with that? All right, then. At that -- I just want to be sure that I'm clear. We're going to meet a week from today at -- 9 o'clock? What's the consensus? COMMISSIONER SALDWIN: 9 o'clock. COMMISSIONER GRIFFIN: 9 o'clock. JUDGE HENNEKE: With the goal of approving the budget on that date. We'll then meet on September 13th to vote on the tax rate, and Paula will take the results of that vote, publish it as soon as possible, and at that meeting we'll vote on the tax rate, we'll set a public hearing on the tax rate and on elected officials' increases for September 21st. September 21st we'll have a public hearing on elected officials and -- on the elected officials and the tax increase. Then, on September 26th, at our regularly scheduled meeting, we will vote to adopt a budget -- 27th. On the 27th we will vote to adopt the budget, and we will vote to adopt the tax rate. Are we okay, Paula, as far as you're concerned? MS. RECTOR: Mm-hmm. JUDGE HENNEKE: Tommy? MR. TOMLINSON: Mm-hmm. 149 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MS. RECTOR: I only have one -- one thing to say. The proposed rate, once it's voted on and I publish this first quarter-page ad, we're pretty much locked into that rate, so if y'all decide that that's not what you're going to go with, we have to start all over again. Just -- lust a little warning. That happened to me with another taxing jurisdiction. They came down to the very end where they went to adopt their tax rate and decided that they didn't need that rate, that they would lower it. So, we had to start the process all over again. COMMISSIONER GRIFFIN: I would make a suggestion; that on the meeting on the 13th, that we put this proposed rate vote number one on the agenda so that she -- so that Paula can make the deadline to the papers. JUDGE HENNEKE: It will be the first crack out of the box, absolutely. MS. RECTOR: Good. Good. JUDGE HENNEKE: Okay. COMMISSIONER WILLIAMS: Works for me. JUDGE HENNEKE: All right. Do we put that in the form of a motion? Schedule? COMMISSIONER GRIFFIN: No. JUDGE HENNEKE: Or do we need to? COMMISSIONER GRIFFIN: So long as it's in the minutes, do we have to? 150 1 2 3 4 Judge. 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: I don't think so. JUDGE HENNEKE: I don't think we do. COMMISSIONER LETZ: We can set the set schedule, JUDGE HENNEKE: We set the schedule. All right. Tommy, why don't you discuss the insurance with us. Do you want to do that right now before we start playing with the numbers? Or do you want to -- MR. TOMLINSON: Do what? JUDGE HENNEKE: You had wanted to talk about the -- the insurance. MR. TOMLINSON: Oh. I -- as we discussed this morning, I -- I recommended that we have -- that part of this meeting, maybe Monday or sometime, was a visit with our third-party administrator about health insurance costs, but we don't know what -- you know, right now, what -- what that's going to be. And, we don't have any -- it's not an absolute necessity, but I thought that, to educate the Court about health insurance, that in -- you know, it might be good to just hear from our administrator to know where the dollars are going. JUDGE HENNEKE: Are they anticipating an increase? MR. TOMLINSON: I -- I think that there may be -- they think that there is, maybe from 5 to 8 percent. JUDGE HENNEKE: Which affects the budget. 151 1 2 3 4 5 6 7 8 9 10 I1 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MR. TOMLINSON: Which affects the budget. JUDGE HENNEKE: Do we want to bring them in Monday at 9:00, and then have our budget then immediately after that? COMMISSIONER LET2: Yes, I think so. COMMISSIONER BALDWIN: Mm-hmm. JUDGE HENNEKE: Tommy, can you see if they can be here Monday at 9:007 MR. TOMLINSON: Sure. JUDGE HENNEKE: Tell them about a half an hour, max. MR. TOMLINSON: They agreed to do it and they want to do it, because they want to -- to tell the Court, you know, where our money's being spent as far as different aspects of the plan. JUDGE HENNEKE: All right. MR. TOMLINSON: I think that's a valuable -- COMMISSIONER GRIFFIN: Would we expect enough change there to affect the proposed tax rate that we're going to talk about next Monday? JUDGE HENNEKE: We're not going to talk about the tax rate next Monday. COMMISSIONER GRIFFIN: No, that's not till the 13th, I'm sorry. Well, it just affects the budget. MR. TOMLINSON: Yeah. Well, yeah, it would -- it 152 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 would only affect the budget. COMMISSIONER GRIFFIN: Which we'll do as quickly thereafter as we can. MR. TOMLINSON: It might have some effect on what you might decide to do with the rest of the wish list. JUDGE HENNEKE: Well, let's ask them to come at 9:00 on Monday, if they could. We'd like them here first so we can listen and then follow up on what we hear into the rest of our discussion. Okay? All right. Now we're down to numbers. COMMISSIONER GRIFFIN: Now that the easy part's done. COMMISSIONER LETZ: I just have a comment, and we really didn't talk about it at any period of time, but we did with regard to that one bill from Carl Williams this morning. We have not adjusted the travel allowance for any elected official in a long time, and I think that's something that -- that is -- a travel allowance, I think, you know, a number of elected officials get that. Those costs have gone up, and we're really -- if we're trying to make that really al travel allowance and expect these elected officials or department heads to use that money and budget internally for their car expenses and things, I think at some point we probably need to look at those travel allowances to make sure that they are adequate. I just -- just a comment that I 153 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 thought of after a discussion this morning regarding the blown or flat tine that Constable Williams had. COMMISSIONER WILLIAMS: I don't disagree with that. I think we've talked kind of around the issue also about constable cars. I'm not going to propose constable cars, but what I am going to suggest is somehow or another, we figure out how to adopt a policy that would enable constables who desire to acquire a car that may come out of the Sheriff's fleet to do so at a very low price. Nothing mandatory about them doing it, but making it available at a decent price once it comes out of the Sheriff's fleet, if there's anything left there in the car. If they want to do it, they can figure out how to do it out of their pocket. Not out of the budget, out of their pocket. JUDGE HENNEKE: Well, but they could use the money -- COMMISSIONER WILLIAMS: Well, they could take their travel allowance, if they wish to do so, and and buy a car for 500 bucks or 350 bucks or whatever, but I just think there needs to be some kind of policy that's not mandatory that they do that, but making it available if they desire to d0 50. JUDGE HENNEKE: I certainly don't disagree with what you're saying, Jonathan. We're going to undertake the position reclassification fn this coming fiscal year. I 154 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 think while we're at it, we ought to do the same -- take the same broad look at elected officials' compensation, so that this time next year, a year from now, we're folding it all in together. I think that would be a good -- a good timeframe within which to look at that. Now, at least one of the constables took the give-back money and put it in his travel allowance. So, they all had the opportunity to do that. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And one of them did. COMMISSIONER LETZ: Mm-hmm. Just -- I don't have a problem with doing it that way. It's nothing urgent, but I think it's -- when we're doing compensation, we really -- that's part of compensation for those that do use their personal vehicles. JUDGE HENNEKE: It is. Anything else? Bill, do you want to talk about COLA's? COMMISSIONER WILLIAMS: I was going to mention the COLA factor. I see you've got 2 1/2 percent plugged into it, and that breaks down to about $22,800 for each half percentage point. I noticed recently in the paper -- this was reported on June 30th -- where the cost-of-living Consumer Price Index for the previous 12 months, ending in May, for all items is 3.7 percent. When you give an employee a cost-of-living adjustment that's anything less than the published index, you, in effect, are perpetuating a decrease 155 1 2 3 9 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 in their purchasing power. You really are. COMMISSIONER BALDWIN: It's true, I agree. COMMISSIONER WILLIAMS: And I just -- you know, I think that 3 percent is not -- is something that we really ought to consider, as opposed to 2.5. Three gets us closer to the C.P.I.; 2.5 leaves you 1.2 off the published Consumer Price Index, and that's an erosion of their salary and their purchasing power. And, that's the point I wish to make. JUDGE HENNEKE: You think about another $22,000? COMMISSIONER WILLIAMS: Another $22,800 would get you 3, and it's not as bad an erosion as 1.2 is. It's half a point out -- or 7/10 of a point off. COMMISSIONER HALDWIN: It's still an erosion, though. COMMISSIONER WILLIAMS: It is an erosion. If you want to make it 3.7, I'll certainly back that thought, too. COMMISSIONER BALDWIN: Well, my priority is -- my number one priority is the employees and their salary and their take-home money and all that, and so I -- i had seen those numbers before, but I am certainly willing to rework those numbers. I'm going to tell you, I'm for the COLA going up. COMMISSIONER WILLIAMS: I think that's another point to consider. And, following up on what Buster is saying, you know, when we adjust these things fn terms of 156 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 cost of living, we would be naive to believe that the County employees don't look at other taxing authorities in terms of what they do for their employees. I realize that we're not letting -- we shouldn't be guided by or allow someone else to set our policy in terms of salary. But, again, as I say, they all look and they wonder why, if KCAD can do 5 and somebody else can do 9 or somebody else can do whatever, would it not be reasonable for this Court to consider the same approach. So, just add that onto my other argument. COMMISSIONER LETZ: In that area, I tend to agree, and I would be -- you know, we're lucky this year in that we do have funds. You know, we're probably luckier than we've ever been since I've been on the Court. The problem is, if we do COLA's, it impacts from now on. But, I gree with what Bill -- Bill and Buster are saying. You know, if we can get the 3.5, that would be good. That's still not gaining anything. And I think, also, it would -- probably, that is part of the reason we have -- a lot of the merit or give-back money or whatever you call it went to merit increases, because they're trying to catch -- some elected officials are probably trying to catch some of their people up, trying not to lose them. I think our employees, overall, have been probably underpaid, and are underpaid. JUDGE HENNEKE: That would be an initial $95,600, mas or menos, to take it from 2 1/2 to 3 1/2. 157 1 2 3 9 5 6 7 S 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Yes. And that's a good point, Jonathan, about retention, helping department heads and elected officials retain their employees. COMMISSIONER BALDWIN: Add how much? JUDGE HENNEKE: $95,600. COMMISSIONER WILLIAMS: $45,600. JUDGE HENNEKE: Based on what Bill said. That's not a precise calculation, because the $119,000 in there is not absolute. It's actually $113,790 or something. COMMISSIONER GRIFFIN: But it's in the neighborhood of 45? COMMISSIONER WILLIAMS: Yeah. COMMISSIONER LETZ: And, just looking back, that's not to say we can't find some of that money somewhere else in this. I mean -- JUDGE HENNEKE: Everything's open. COMMISSIONER LETZ: On the -- a question I had is on the Purchasing Department, $50,000 allocated. JUDGE HENNEKE: Mm-hmm. COMMISSIONER LETZ: Do we really know, is that just a wild guess number, or do we have a pretty good idea what it's going to cost? JUDGE HENNEKE: That's what I would consider an educated wild guess as to start-up costs. The idea being, asl we've discussed, is to try to find that person and hire him 158 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 sometime in the April/May timeframe so they can be on board, they can go through the budget process with us, we can get their department set up and be ready to operate on October 1, 2000, instead of hiring somebody on October 1, 2000, and having that three- or four-month lag time. 550,000, in my mind, is probably adequate to hire somebody for that part of the year, plus get them a secretary for half a year. COMMISSIONER LETZ: Have you had any thoughts on how we're going to go about doing this? JUDGE HENNEKE: My good friend, Mr. Williams, has some thoughts on that. COMMISSIONER WILLIAMS: I -- at the recent Post-Legislative Conference, I visited with the purchasing agents in their session. You stuck your head in. And then, after that session, while I didn't get a lot of light shed on anything except the law changes in that particular session, I asked -- I asked a couple speakers to provide me with all the information they could, essentially, which is being put into a manual that they're preparing on how to do -- how to set up a purchasing department. So, I -- I anticipate that's forthcoming. More importantly than that, I took the opportunity to qo to lunch with two or three of those purchasing agents that same day, and a couple good things came out of it. You know, I got a little feel for where the dollar bills might be, and I think if we appropriate the 159 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 $50,000 the Judge has plugged in here for half of a budget year, that would be sufficient to get us started. But, I thought one suggestion that came across the luncheon table was good, in that one of the purchasing agents said, Look for two things in terms of your search for people. Certainly, there would be some number two or number three people in larger departments that might interest you. But, he said, as you're getting started, you might want to look around and find -- he said, In your part of the country you might find this person -- a retired military person who was in procurement. And, that person, with the kind of experience that they would have had procuring for the military, would be an Ideal person to come in and help you set up, with all the rules and regs and so forth and so on. I thought that was a suggestion worthy of sharing with you. And, as soon as I get the packet of information from the -- I think it's Rita Holmes out of Ector County, I'll share that with you, as well. COMMISSIONER LETZ: I guess one of the things I was thinking of, it seems to me that we're -- I haven't heard from anybody, other than on this Court, that's really gung ho about this. I mean, I think we're pretty gung ho, but at some point we really need to go out to, certainly, Tommy and the Auditor's group, Road and Bridge, and some of the other departments to -- to make sure we're not creating something 160 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 that they don't want. You know, that's going to be overly cumbersome. It's -- I think it's important, whenever you do something like this, that you make the people that are going to be affected part of the solution so that they agree with it, and I just think we need to develop a procedure -- probably now is not the time to go into that, but, I mean start looking towards getting input and -- on how this whole thing is going to work, especially for helping it to be a success. Just a general comment. COMMISSIONER WILLIAMS: We certainly need to be players, because a Purchasing Department would be purchasing for law enforcement as well as R, and B and everything else. So -- COMMISSIONER LETZ: Inform everyone about it, just how it's all going to work. I believe the person has to work real closely with Tommy. COMMISSIONER WILLIAMS: Tommy and I have had some discussions about it going on. And, I'm not speaking for you or trying to put words in your mouth, but I think Tommy's having his -- he's not interested in expanding his department's role in that facet. Am I correct? MR. TOMLINSON: Right. You're right. MS. RECTOR: When you're talking of purchasing, are you talking about purchasing key items? Or purchasing anything that any of the offices may be needing, office 161 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 supplies? COMMISSIONER WILLIAMS: The Purchasing Department purchases everything. JUDGE HENNEKE: Kind of a requisition system. MS. RECTOR: I may not have a problem with key items, but just your day-to-day supplies might be a little cumbersome, like you say, having to -- COMMISSIONER WILLIAMS: They'll stockppile that kind of stuff. MS. RECTOR: I don't believe in stockpiling. JUDGE HENNEKE: It's a question of purchasing power, you know. We think we can get a better price on paper clips if we buy them in bulk rather than if we buy them, each department, individually. MS. RECTOR: Right. JUDGE HENNEKE: It's the Purchasing Department's responsibility to have them available for you when you need them, so the only change might be a simplified version of things. Instead of picking up the phone and calling Shamrock or Office Depot and saying, "I need a box of paper clips," you pick up the phone and call the Purchasing Agent and say, "I need a box of paper clips." COMMISSIONER GRIFFIN: Your account gets -- you know -- MS. RECTOR: Just like we do on the paper products. 162 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMI3SIONER GRIFFIN: Right. COMMISSIONER LETZ: Which is -- MS. RECTOR: They're purchased in quantity. COMMISSIONER WILLIAMS: When I say "stockpiling," I mean a Purchasing Department usually maintains a lot of those items that you're going to use frequently. MS. RECTOR: Right, like going to the store and buying it in the store. It will be our own personal store. COMMISSIONER LETZ: The purchasing -- the part of the lecture I listened to, their big push was using Office Depot, which we're using without a Purchasing Department, I mean, so -- I mean, there's an area there that -- they're pretty much saying -- COMMISSIONER GRIFFIN: But, if you'll look carefully at that little thing that comes out every so often, you'll also find that there are office supplies charged to Walmart -- COMMISSIONER LETZ: Right, we buy them elsewhere. COMMISSIONER GRIFFIN: -- Shamrock, you know, Eckerd Drug. COMMISSIONER WILLIAMS: Half a dozen different ones listed. COMMISSIONER GRIFFIN: And, the centralized procurement of that kind of stuff just means that you have a place where you warehouse common-use items, and you just go 163 9 c 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 in, get it when you need it, and you -- your account is charged for it. That's exactly what all of Austin -- if you can believe it, all of Austin, all of the State agencies, all of the offices in Austin are served out of one office supply centralized thing, and in a room that's probably as big as from that wall to the other side of the courthouse here, and they keep stuff stockpiled. COMMISSIONER WILLIAMS: You may have missed part of the discussion when you left, and I don't think -- if they -- I don`t know if they got to the discussion while you were there or if they came back to it, but part of that discussion had to do with whether or not it was legal for -- for them to piggyback that Office Depot bid off of Dallas -- Dallas' bid structure. They were piggybacking on top of Dallas, and there was a question as to whether or not that was kosher. COMMISSIONER LETZ: Right. Anyway, I just think in this whole area, we need probably a workshop or something to go over and explain to everyone what we're talking about, just so we get everyone going in the same direction. JUDGE HENNEKE: What I think the elected officials will find is it will free up some staff time. MS. RECTOR: `Cause we shop around. We -- JUDGE HENNEKE: Right. MS. RECTOR: -- use all the sale catalogs and order from the one that has the best price. 169 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: But you won't have to do that with a Purchasing Department because that's the Purchasing Department's responsibility, so you won't have to have someone who keeps all those catalogs, and, "I saw something about widgets in this one." MS. RECTOR: Right. Right. COMMISSIONER WILLIAMS: There's another factor, too. We talked about this one day in my early days on this Court. I thought that maybe there was a way around the Judge having to sit -- sit here and open all those bids. There is another way; the Purchasing Department can do that. Bids can be -- they're going to write the specs, they're going to put them out for bid, they're going to have the bids come back, they're going to open them, certify to the Court what the results of that is. That's another factor to look at. COMMISSIONER GRIFFIN: I think the $50,000 in the budget for an educated wild guess is good. I think that's right where it ought to be. COMMISSIONER LETZ: Going down, on G, was the -- I think this was something I probably, I think, brought up during the budget process. Additional lease of two cars per fiscal year to try to jump-start -- JUDGE HENNEKE: Yeah. That goes from the four that were in her -- COMMISSIONER LETZ: Right. 165 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: -- her request to six, which would be a third of the basic fleet. COMMISSIONER LETZ: Knowing that this probably is a one-time deal, because of the way the leases work, you know, once we -- it's not six every year. This is one-time, going to six the first year; then probably four in the future years. JUDGE HENNEKE: Well, if we -- that was the policy. If we're going to do three years on the road and then out, yeah, we'll do six every year, because that's basically 18 patrol vehicles. COMMISSIONER LETZ: If we do six every year, you end up with -- after three years, you're paying for three cars or -- you know, 'cause it's a 3-year term, so your third time, you wind up paying for 18 cars. COMMISSIONER WILLIAMS: Third year you're paying for -- COMMISSIONER LETZ: For 18 payments from then on. JUDGE HENNEKE: Yeah. MR. TOMLINSON: Yeah. You're paying for 18 COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER GRIFFIN: That's what you want to do, is level out the cost instead of having big peaks. COMMI3SIONER WILLIAMS: And three come out 166 e F E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 serviced. JUDGE HENNEKE: If you start with basic policy, we need to roll our cars over three years. Either we'll be paying 18 lease payments or we're going to be paying six full payments. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: My problem -- the concept was, since we're going to start this new policy, the first two years of it we're not going to be up to the full speed that we're going to be paying from the third year forward. So, we can pick a few more up in the early phases of it -- JUDGE HENNEKE: Right, yeah. COMMISSIONER LETZ: -- to balance it out. Start from year one, as opposed to going up and then leveling off at year three. That's -- you know, but anyway -- but, I mean, I don't have a problem with staying with the six for this year. We can also relook at next year if we need to. We need six this year. COMMISSIONER GRIFFIN: Yeah, we need six this year, no matter what. COMMISSIONER LETZ: On L, I don't know if that's a -- it's not an educated wild guess number any more, I don't think. I don't know what kind of number that is. JUDGE HENNEKE: That's a number that we were presented for these chutes. 167 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: I know. By me, I believe. JUDGE HENNEKE: Yes. COMMISSIONER LETZ: They don't want to sell the chutes, which is a problem right now. They want to sell the tables and chairs only. JUDGE HENNEKE: The tables and chairs were in Glenn's budget -- COMMISSIONER LETZ: Yeah. JUDGE HENNEKE: -- already, so these are already factored into Tommy's numbers. COMMISSIONER LETZ: Okay. The -- Bill and I tried to persuade them that they need to sell us the chutes, but I'm not sure we sold them on that. I guess we can leave that amount in there for the time being, but I'm not sure how good that number is. COMMISSIONER WILLIAMS: Coupled to that. also. tha number for Ag Barn chutes, we -- you're right, we don't know if that's valid or invalid. We also talked about acquiring the tables and chairs. JUDGE HENNEKE: That's already in -- that's already in Glenn's budget. COMMISSIONER WILLIAMS: That's in Glenn's budget? JUDGE HENNEKE: That's already accounted for. COMMISSIONER WILLIAMS: Okay. Okay. JUDGE HENNEKE: Capital budget. I think that was 168 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 the number one item for $5,000. MR. TOMLINSON: I kind of believe that the paving was in his budget, too. COMMISSIONER WILLIAMS: The what? MR. TOMLINSON: Paving. JUDGE HENNEKE: Paving? No, it wasn't. MR. TOMLINSON: No7 JUDGE HENNEKE: That was in the Extension part. COMMISSIONER GRIFFIN: Yeah. MR. TOMLINSON: I thought I remembered seeing it somewhere. COMMISSIONER WILLIAMS: Extension had it. COMMISSIONER BALDWIN: Extension Service. JUDGE HENNEKE: It's not in -- it was on their wish list. MR. TOMLINSON: I see, okay. COMMISSIONER LETZ: Go to Elected Officials' Salaries. COMMISSIONER WILLIAMS: Before we do that, can I ask one question about -- going back to your memo of earlier -- whatever it was, we had talked at great length about increasing the contributions to the volunteer fire departments. I see it didn't make the list. JUDGE HENNEKE: No, it's over here. It's on the non -- it's on the far right. 169 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: Well, it says, "Not Prioritized." I look at your new list here and it's not on the new list. JUDGE HENNEKE: That's right, because the new list -- the memo you have here, the one I dated, was the Prioritized list. It's not for the Not Prioritized list. COMMISSIONER WILLIAMS: Which means it's up for grabs. JUDGE HENNEKE: That's right. COMMISSIONER WILLIAMS: That's why I brought it up. JUDGE HENNEKE: Yeah, right. We'll get there, we'll just go the long way. COMMISSIONER WILLIAMS: Okay. JUDGE HENNEKE: All right. The additional funding for the volunteer fire department fs not included in the $462,000. Again, if that's something we want to contemplate, then we can stand up and do it. COMMISSIONER LETZ: To me, that's important. COMMISSIONER WILLIAMS: It is to me, too. COMMISSIONER GRIFFIN: Hefore we do that, though, since we're -- in trying to keep the running, sort of, total on what we're doing to things here, we still haven't addressed the COLA. JUDGE HENNEKE: Well, we did. We said we were going to add $95,600 to it. 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: Okay. So, that number goes up by $95,600, so now we're a little bit over half a million on this number. Okay, that's where we are now. Now we're talking about another addition for -- JUDGE HENNEKE: An additional seven. COMMISSIONER GRIFFIN: Volunteer fire departments, okay. COMMISSIONER WILLIAMS: That was the $7,000 item. JUDGE HENNEKE: Mm-hmm. Is there a consensus that we want to do that? COMMISSIONER GRIFFIN: Question. Tommy, we talked a little bit about the insurance consultant. Is that this Item J -- MR. TOMLINSON: That's the $5,000, yes. Item J, yes. COMMISSIONER LETZ: We may not need that. JUDGE HENNEKE: We may not need it, but I think we have to leave it in in case we do need it. We've got to have that expertise. COMMISSIONER GRIFFIN: If we, you know, didn't have it, I would be more prone to lust say throw in the seven grand for the volunteer fire departments. But, I mean, as long as we -- if we've got the money, I'm not against $7,000 i for the fire departments, either. JUDGE HENNEKE: If the Ag people aren't willing to 171 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 sell us the chutes, we can take that ten out. COMMISSIONER GRIFFIN: That's right. COMMISSIONER LETZ: I think that's one of those things I think we need to try to acquire. But, we could -- they'd probably agree, if we could even convince them to do it, to do it next year. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: So, we could knock it out this year and add it in fox next year, and come up with plus three out of this. COMMISSIONER WILLIAMS: Yeah, that's true. JUDGE HENNEKE: Want to do that? COMMISSIONER LETZ: We don`t have it budgeted, but we also -- COMMISSIONER WILLIAMS: See, you're going to take the tables and chairs off their hands now. That's not debated. That's part of the equation. COMMISSIONER LETZ: We also don't have horse stalls on here, which I think the agreement is we need to try to get some, but certainly not all. COMMISSIONER GRIFFIN: What if Item L became volunteer fire departments at $7,000? JUDGE HENNEKE: I think it can become volunteer fire departments at $7,000 and horse stalls for 53,000, and we end up at the same place. I don't know how many horse 172 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 stalls we can get for three, but I don't think we need all 100 of them. COMMISSIONER LETZ: And, I think everyone agrees we don't need a hundred, except the people that want to sell them. COMMISSIONER WILLIAMS: The question would be, do they want to sell part of them. COMMISSIONER LETZ: They said they would. COMMISSIONER WILLIAMS: And they haven't made a decision on the chutes -- I mean, on the pens, remember? (Discussion off the record.) JUDGE HENNEKE: We could go volunteer fire for seven and put five in there for stalls, and maybe they'd sell us 25 percent of them, 25 for $5,000. That raises the ante by two. COMMISSIONER LETZ: Okay. Ag Barn stalls, $5,000. Volunteer fire departments, 57,000. COMMISSIONER GRIFFIN: Take out Ag Sarn -- COMMISSIONER LETZ: Chutes. Then we'll try to negotiate that for next year. COMMISSIONER BALDWIN: Before we leave that list, what is -- refresh my memory on what Lions Park is. Is it the Center Point -- COMMISSIONER WILLIAMS: Center Point park, and it's named Lions Park. It is our park, and it's in desperate need 173 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 of some improvements. I'd ask for that to be considered. JUDGE HENNEKE: There's a lot of sentiment that we're spending 5180,000 on Flat Rock Lake. We've got to do something to the only other county park we have. COMMISSIONER LETZ: Bill, on that, is part of that -- any of that going to be, like, road barriers or fencing-type stuff? COMMISSIONER WILLIAMS: Well, it could be, Jonathan. I wanted to -- if we approve this, I want to have a little public meeting over there, an open meeting, and let folks give me some input as to how they'd like to see us improve that, to the tune of S2,500; what's important to them. COMMISSIONER LETZ: The reason I ask is, we're getting ready to go out for -- Road and Bridge is going to acquire all the materials we need for Flat Rock and then go out for contractor -- bid for contractors. We're going to -- COMMISSIONER WILLIAMS: Include it in that? COMMISSIONER LETZ: If we knew what we needed. It's going to be the same type items, cable, you know, guardrail-type deal. COMMISSIONER WILLIAMS: Personally, I'd like to see that, because that's part the of the problem over there, is cars lust come ripping in there from outside, off the road, and -- you know, and if we're going to put some tables in for 179 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 camping, barbecue pits or whatever, if we don't have those kind of barriers like we're talking about at Flat Rock, we're going to lose them quick. So, yeah, I think so. COMMISSIONER GRIFFIN: ¢uestion on the radio system, Item C. JUDGE HENNEKE: Mm-hmm? COMMISSIONER GRIFFIN: The 150, can that pretty well solve our problem, the short-term -- JUDGE HENNEKE: No, that would be the first installment on the 3-year -- COMMISSIONER GRIFFIN: Oh, the 3-year deal. JUDGE HENNEKE: The way I had it explained, we originally had 5200,000 when we talked about it originally. But, given the way the process is going, I think 150 would be plenty adequate for -- COMMISSIONER GRIFFIN: Hut, this gets our problem -- our immediate problem sort of -- JUDGE HENNEKE: I think what this -- COMMISSIONER GRIFFIN: -- in hand for the first year. JUDGE HENNEKE: What I think this does is it gets us a new system, designed and installed. But, we have to understand, we've got another couple years, probably, at the same lick in order to pay for it, you know. We've got good indications of support from -- of the cooperation from the 175 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 City, which I think would lower our unit cost, and I feel very confident we could get some local grant money to defray part of that, but you can't count on that. COMMI3SIONER LET2: Right. COMMISSIONER WILLIAMS: Would that cooperation that you're talking about, Judge -- is that in the form of their participating in the capital purchase or leasing space on the system from us? JUDGE HENNEKE: I think it's assisting in the capital purchase. In other words, we can get a better deal if we buy 180 units, as opposed to 70 units or 90 units. COMMISSIONER WILLIAMS: Would that cut our number down? JUDGE HENNEKE: I think it will. COMMISSIONER GRIFFIN: Good. COMMISSIONER BALDWIN: While we're backing up, can we back up a little bit further to Number 2? "Tommy believes there is sufficient surplus in the Road and Bridge Special Projects Fund to fund $50,000 of road signs." That's 911 road signs? MR. TOMLINSON: That's what we're talking about, yeah. COMMISSIONER BALDWIN: Yeah. And, how far will $50,000 go in that project? MR. TOMLINSON: Well, it would go a fourth of the 176 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 way. Isn't that what they told us? JUDGE HENNEKE: Yeah, it will go about 25 percent of the way, but it depends on how we cut the project. COMMISSIONER GRIFFIN: On our joint meeting on September the 1st that we're going to have with the 911 Board, I would hope that we can discuss same of this, and perhaps figure out alternatives, maybe, to changing all the road signs. It's something that Jonathan and I have talked about, and I don't know technically, in my recollection, exactly what it is, but that's one of the reasons we're going to ask, is that there may be some way that we can -- that we can get around this requirement for changing every sign. Now, it -- I'm not holding out a lot of hope; I think this is the way -- we leave it this way for now, but I'm hoping that we can come up with something that -- that is a little better than the current plan. I don't know that we'll get any satisfaction on that September 1st meeting, but maybe we will. COMMISSIONER BALDWIN: I had two questions in this particular item. One was exactly that, and I'm not so totally convinced that we need to be funding that, anyway. But -- COMMISSIONER GRIFFIN: That's another item for diSCU55iOn. COMMISSIONER BALDWIN: Yes, absolutely. I think we 177 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 should have that discussion again. I really and truly do. COMMISSIONER GRIFFIN: Good, maybe somebody can help me on that. I understand that at one time in a court session here, like, a year or two ago, that there was -- on the record, there was something said about 911 doing the positive assignments. Do either of you remember that? COMMISSIONER BALDWIN: I remember that discussion happening more than one time, but I don't remember what finally came out of it. COMMISSIONER GRIFFIN: I would sure hope that we can maybe do some research and find out what was said. COMMISSIONER BALDWIN: Yeah. I know that they purchased the sign machine and that kind of thing, and that may be all there was to that. COMMISSIONER LETZ: They purchased the sign machine and bought the initial amount of tape and metal pieces. COMMISSIONER GRIFFIN: I think we should leave this the way it is for now, but I'm hoping we can make it better. COMMISSIONER BALDWIN: If you look at just one more point, that how long and how much has 911 been taxing the community? A long time, a lot of money. A hell of a lot more money than we have. Okay, that's all I'm going to say !, about that. But, this -- this Special Projects Fund is -- to me, see, my problem with this is that Road and Bridge is -- until just recently, is the only department in county 178 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 government that has any kind of plan, long-term plan down the road. And, just off the top of my head, I can think of two large protects that they have planned; one -- two of them next year. One is Sheppazd Rees Road, and one's somewhere out -- out west, they've got a big protect to do. And, I'm wondering, tapping into this much money out of that fund, how does it affect their long-term plan? Have we even talked to them about it? I have. They're not real happy. COMMISSIONER GRIFFIN: Well -- COMMISSIONER BALDWIN: I lust think -- I Lust think, not only as a courtesy, but we need to rethink that just a little bit, of just automatically going in and pulling it out of the only department that has actually planned for the future. I mean, that Lust doesn't make sense to me. COMMISSIONER WILLIAMS: To muddy up the water a little bit more, while we're on that subject -- COMMISSIONER BALDWIN: Okay. ~-- COMMISSIONER WILLIAMS: -- I'm looking at the memorandum from the early -- first memorandum or whatever in July, and LL under Road and Bridge, $139,000 for signs. Now, how does that $50,000 square with $134,000, or vica-versa? JUDGE HENNEKE: The 139 was half of what they said it was going to take, the cost to do it, if we did it in two equal years. COMMISSIONER WILLIAMS: Well, that's the end of the 179 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 budget -- JUDGE HENNEKE: But I got to the 50 because, given the state of the discussions about the 911 project renaming, I don't think we're going to be anywhere near to starting redoing road signs for a long time. COMMISSIONER WILLIAMS: Well, then, my question is, is the $139,025 in the budget enough? JUDGE HENNEKE: No. COMMISSIONER WILLIAMS: Because it's under the Required Increases column. JUDGE HENNEKE: No, it's not. That's why I highlighted it on this memo, that that's what it was. COMMISSIONER WILLIAMS: Okay. You took out the 139? JUDGE HENNEKE: Took out the 139, reduced it to 50. Tommy said he thought there was sufficient excess in Special Projects; they could be funded out of that. Now, if there's not, we need to move it or we need to decide whether we even want to budget for it. COMMISSIONER LETZ: I would probably budget it. Now, where it comes from, I share Buster's view to a point, because I think that that Special Projects -- I don't know if there's any legal requirement where that money gets spent, but if, you know, it's -- I think the intent of it is that it should go on road projects, and I -- it's kind of stretching 180 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 it for signage. But, there may be funds somewhere else, or where we could -- you know, it needs to be done. It needs to be in there where it comes from. COMMISSIONER BALDWIN: Well, I just happen to know -- you know, like the Sheppard Rees project, we've been working on it for about a year and a half now, and, I mean, we're down to -- we're communicating with M.H.M.R. in Austin about them giving us some property; we're that far into this thing, with engineers that have been on the project, and -- I mean, we've done -- we've actually -- we already have expense involved in it. r JUDGE HENNEKE: You came up with that suggestion. Do you need funds for Sheppard Rees and all those other ones? MR. TOMLINSON: Well, those projects are already in the budget; I mean, two -- like, 5270,000 for next year. But, what I was looking at was the fact that we -- that four years ago -- five years ago, the Court decided to accumulate a substantial amount, I'll put it that way, for this High Water Bridge project, thinking that -- that there would be a -- would be maybe a half a million dollars expenditure in relation to that project. From what we're hearing from -- from TexDOT, it won't be close to that. I'm projecting that we'll have 5649,000 surplus in that account at the end of 2000. So, my idea was that, if we're looking for a place to take that amount, that would be the only place I would see to 181 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 take it. I mean, the operating -- Road and Bridge operating budget does not have -- does not have enough surplus to take money from. COMMISSIONER BALDWIN: If we want to say that we're taking it from the High Water Bridge project, I don't have any problem with that whatsoever. MR. TOMLINSON: Well, that's -- COMMISSIONER BALDWIN: None. MR. TOMLINSON: That's what this $699,000 is for. COMMISSIONER BALDWIN: Yeah, I agree with that, and I had forgotten about that. We started building it years ago. MR. TOMLINSON: Yeah. COMMISSIONER BALDWIN: But we don't know what that thing is going to be; it changes every time they come in here. JUDGE HENNEKE: Does that allay some of your concern? COMMISSIONER BALDWIN: Yes, it does. I feel a lot better. JUDGE HENNEKE: That's why we ask. COMMISSIONER BALDWIN: Of course, we're not going to do the western end of the project. You fight for your own down there. COMMISSIONER GRIFFIN: Well, they'll call you. 182 ,~- 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 They'll call you, anyway. JUDGE HENNEKE: Anything else? Anything else? COMMISSIONER LETZ: Salaries. JUDGE HENNEKE: Salaries. COMMIS3IONER LETZ: Where do you come up with these 3ust arbitrary -- just curiosity. JUDGE HENNEKE: Well, it's -- again, it's educated arbitrariness. One of my philosophies is that the salary structure of an organization needs to reflect that the top people get paid the most, and so I -- you know, we've given merit raises, we've given cost-of-living increases. We need to keep an elected official, basically, where they make at least as much as their deputies, if not a little bit more. And, so, I did some adjustments based on that, and probably to maintain roughly the same difference between the clerk category, Paula and Jannett and Barbara and Linda and the Sheriff, and then the J.P.'s had asked for a $600 increase each for their work doing the probable cause hearings at the hospital. So, rather than giving them just that $600, I went ahead and gave them $827, whatever it is, to bring them up -- this $727 to bring them up to $25,000, and then I gave -- I offered -- I suggested a raise for myself, again, because I think that the County Judge really ought to make as much as any of the other elected officials, if not a little more, State supplements to the contrary. And that's -- you know, 183 1 2 3 4 5 6 7 8 that's lust my winging it. And, challenge by anybody. COMMISSIONER BALDWIN: proposing for you, does that inc 510,000 State supplement? JUDGE HENNEKE: No, it anybody -- that's open to That 538,000 that you're Jude the State's -- the does not include State 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 supplement. COMMISSIONER BALDWIN: It would go to 98? JUDGE HENNEKE: It would be 48 in my pocket, yeah. One thing you've got to remember about the State is the State giveth and the State taketh way, praise be the State. COMMISSIONER WILLIAMS: Sometimes the State mandates and the State doesn't totally pay, as the school boards can tell you right now. JUDGE HENNEKE: Another thing about that ten is it's paid from fees. There are fees that that are levied to court costs -- to cases that are filed. COMMISSIONER BALDWIN: Oh, I don't oppose those. You know, it went up five the time before -- the year before, and ten this time. I don't oppose that at all. COMMISSIONER WILLIAMS: If our plan is to look at all elected officials' salaries in terms of a global study, or at least a statewide study, and be prepared to address the issue next year -- is that what I'm hearing you suggest? JUDGE HENNEKE: Then why these little adjustments la4 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 now? COMMISSIONER WILLIAMS: Well, no, I wasn't going to ask it that way. I was going to say -- okay. But, I am curious as to the percentage -- how you arrived at some of the percentages. JUDGE HENNEKE: I didn't do percentages on the elected officials. I just -- I eyeballed them and I said, you know, the Sheriff has been making about $3,000 more than Paula has. She needs to be making at least this much in order to be the -- the leader of her department, which she is anyway. But, by rights, she deserves that, and so I moved the Sheriff up in order to maintain, roughly, approximately the same decision which obviously had been made by the previous Court, that the Sheriff should make that rough increment more than anyone else does. And, it's not rocket science. It's -- COMMISSIONER WILLIAMS: No, I know. I worked the percentage up; I can see it wasn't. JUDGE HENNEKE: But, what I think it is, I think it's a fair interim step. COMMISSIONER LETZ: I don't have any problem with it. I'm -- not that I don't want you to get paid anything, Fred, but it's -- you know, to me, you have to look at your State supplement as part of your salary. I think it ought to be reflected more clearly as such, anyway. 185 r 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: Well, I -- this is what the County pays me. COMMISSIONER LETZ: Right. And -- COMMISSIONER BALDWIN: So we can probably drop the County's portion back to 28. (Laughter.) JUDGE HENNEKE: That you can't do. You can't not give the increase. COMMISSIONER BALDWIN: Nice try, huh? JUDGE HENNEKE: Nice try. COMMISSIONER BALDWIN: Listen, that would look good in the paper. MS. LAVENDER: I think so, too. COMMISSIONER GRIFFIN: I like the idea of trying to get this tidied up. You know, how many steps we need to get all this done right, I don't know, but -- but there has been sort of a high-five over years past just thrown up, 'cause that's way the system gets done. There's been some raises and there have been some -- and then we put the COLA's on it and across-the-board raises and a few merit raises. But, I -- I don't have any problem with anything of these numbers. None of these people are overpaid at the rate that's in the right-hand column. COMMISSIONER WILLIAMS: That's correct. They're all underpaid. 186 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER GRIFFIN: They're all underpaid, even if we gave them all the raises that are reflected. So, I don't have any discomfort at all, or -- and if somebody wants to pick on me politically, they can do that, 'cause it won't bother me, 'cause these people still aren't getting paid enough. The question is, how do we -- this is part of the solution, and then there ought to be some more solutions downstream, as we've talked about, next year, to look at a reclassification and look at elected officials at the same time and say -- you know, because there should be a hierarchy in the salary structure in any business or government entity or whatever. So, I think this is a step in the right direction, myself. JUDGE HENNEKE: Again, my idea is that this is -- this coming budget will really be a personnel budget year. We want to classify it as that, where we're going to reclassify all the positions, we're going to set the salaries accordingly, and we're going to do -- I'd like to do the same thing for the elected officials, go out and do the study. I know you did a study two years ago. We need to go back and do that. We need to do it right, come in with all the data and comparisons so that everybody's comfortable with where we end up, to the extent they can be comfortable. Everybody is always going to feel they're underpaid. But -- COMMISSIONER LETZ: Does this -- the new number in 187 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 the right-hand column, what about the COLA? Is that coming -- elected officials that are getting adjustments don't get a COLA, or they get that plus a COLA? Or -- COMMISSIONER WILLIAMS: I say everybody gets a COLA. JUDGE HENNEKE: What's happened in the past? I mean -- MS. RECTOR: Elected officials got the across-the-board plus -- if the increase was for elected officials. JUDGE HENNEKE: I don't know. I'm going on historical experience; I don't know. COMMISSIONER LETZ: Elected officials have always gotten a -- whenever you make an adjustment upwards, a lot of times that takes the place of the COLA, and I -- just so that Tommy knows when he's calculating. You know, it doesn't make any difference to me. MS. RECTOR: Then, again, it goes to the same thing of it getting out of balance, where you're giving this group this and that group that. COMMISSIONER LETZ: Right. I mean, the numbers won't look all nice and neat after we do a COLA. JUDGE HENNEKE: Only thing the COLA -- COMMISSIONER BALDWIN: What you have to do is give everyone the COLA, and then give them the same dollar raises, laa 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 29 25 which won't end up at the same neat little -- COMMISSIONER LET2: Right, zeros. JUDGE HENNEKE: Zeros. I kind of like zeros. I guess I can't get there from here. COMMISSIONER LETZ: But it's -- I mean, I think it would -- what you've done is what needs to be done to keep -- keep the elected officials grouped as they have been. Whereas, the Tax Assessor, the District Clerk, the County Clerk are all at one level and, for whatever reason, the Sheriff's at a different level and Commissioners are at a different level. Judge and J.P.'s, I think, were pretty much good -- I guess the way it's laid out, I don't have a problem with it, so -- I agree, most of the salaries are probably a little bit low. But, I don't have any problem with what you recommended here in doing a COLA and, again, give that dollar increase on top of the COLA. JUDGE HENNEKE: Any questions about that or anything else? Did we beat this horse to death? COMMISSIONER GRIFFIN: I think maybe, on that one, you might want to apply those COLA's and then see what it does to those numbers in the left-hand column when you make that -- JUDGE HENNEKE: See those numbers a week from today. COMMISSIONER GRIFFIN: Yeah. 189 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 JUDGE HENNEKE: With the -- COMMISSIONER GRIFFIN: Maybe you want to punch those around a little bit by the same methods that you did before, which is sort of what -- what looks right and makes sense. COMMISSIONER BALDWIN: My only other question is, we're giving an elected official a raise. We don't even know who that elected official is. We're giving the Sheriff a raise and we don't even have one. JUDGE HENNEKE: When we -- COMMISSIONER LETZ: What is the position? JUDGE HENNEKE: I'm sure that increment will bring more people out of the woodwork. COMMISSIONER LETZ: The other thing, I think, that, you know, to me, we need to look at next year, the Commissioners are not getting an increase this year, which I think Commissioners are really paid fine; it's a part-time position. Hut, we need to -- I think, to just remember for our study in the future that they need to be included in this. JUDGE HENNEKE: Included in the study, absolutely. COMMISSIONER LETZ: In the process. Through that whole process. But, you know, I think the COLA is an adequate adjustment at this time. MS. RECTOR: Are you all going to go back and do 190 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 another study on salaries like was done in the past, where they went out and looked at counties of comparable size and -- COMMISSIONER LETZ: It's, I guess, expanding on what Larry started in the spring. And I got a lot of information from two years ago, when I worked on it, these comparable counties and looking at the salary levels. MS. RECTOR: Something I would be interested in -- this is just for my own information -- is in the Tax Assessor/Collectors' salaries, as to how many taxing jurisdictions that tax collector collects for, if they have consolidated collection. Some tax collectors in larger cities don't have near the amount of jurisdictions that I do, and they're being paid a lot more. They just collect for the County or they collect for the County and City. COMMISSIONER LETZ: Well, a lot -- JUDGE HENNEKE: I think we should try to compare apples to apples, to the extent we can. COMMISSIONER WILLIAMS: I think -- MS. RECTOR: 'Cause I'm not compensated for being the City of Kerrville's tax collector. I don't get compensated from the City for that. I don't get compensated from the City of of Ingram or the school districts, either. COMMISSIONER LETZ: Kendall County's getting ready to not even do the County's. 191 1 2 3 4 5 6 7 8 9 10 it 12 13 19 15 16 17 18 19 20 21 22 23 29 25 MS. RECTOR: I heard that. COMMISSIONER LETZ: Appraisal District's going to collect for the County. (Discussion off the record.) JUDGE HENNEKE: Tommy, did you have a question, sir? MR. TOMLINSON: Yes, on the radio system. JUDGE HENNEKE: Yeah. MR. TOMLINSON: We ought to actually have a line item, too, where we can -- JUDGE HENNEKE: Probably should. MR. TOMLINSON: To make it reflect -- JUDGE HENNEKE: Let's do that, if you could. That's a good suggestion, putting it in the Sheriff's Department budget, not the jail. MR. TOMLINSON: Right. JUDGE HENNEKE: Anything further? You guys are welcome to stay for my detention hearing, if you like. COMMISSIONER BALDWIN: I'll pass. (Commissioners Couxt adjourned at 2:55 p.m.) 192 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 2nd day of September, 1999. JAN~~NE,T//T PIEPER, Ke~rJr County Clerk BY: TV~~--~N/Ycty`, Kathy ik, Deputy County Clerk Certified Shorthand Reporter ORDER NO. 5964 CLAIMS AND RCCOUNTS On this the 23rd day of August 1999, came to be considered by the Court the various claims and accounts against Kerr County and the various Commissioner^s' precincts, which said Claims and Accounts ar•e 10-General Fund for S 76,403.38; it-Jury Fund for 51,242.50; 14-Fire Protection Fund for 54,928.00; i5-Road & Bridge Fund for 547,726.62; 21-C J D Fund for 52 ,48.00; 23-Juvenile State Rid Fund for• 5862.88; 50-Indigent Health Care Fund for^ 5449.45; 70-Permanent Improvement Fund for 534,727.10; 83-State Funded-216th District Rttor•ney F~_ind for 51,27488; 86-State F~.inded-216th District Probation Fund for- 53,417.56; and 87-State F~.inded Comm~.inity Corrections Fund for 51, 356.89. (TOTRL RLL FUNDS-5174,637.26) Upon motion made by Commissioner Griffin, seconded by Commissioner Lets, the Court unanimously approved by a vote of 4-0-0, payment of said Claims and Recounts as recommended by the Coi_inty Ruditor. ORDER N0. 25965 BUDGET RMENDMENT DISTRICT CLERK, On this the 23rd of Rugust 1999, upon motion made by Commissioner^ Let z, seconded by Commissioner^ Griffin, the Court unanimously approved by a vote of 4-0-0, tr-ansferring $273,07 from Line Item No. 10-450-216 Employee Training to Line Item No. 10-450-309 postage and transfers^ing X134.00 from Line Item No. 10-450-461 Lease Copier to Line Item No. 10-450-309 postage. ORDER N0. X5966 PUDGET AMENDMENT JUSTICE OF THE F'ERCE F'CT #~ On this the 3rd of August 1999, ~.ipon motion made by Commissioner Let z, seconded by Commissioner Williams, the Co~_irt unanimously approved by a vote of 4-0-0, tr^ansferring 848.50 from Line Item No. i0-457-485 Conferences to Line Item No. 10-457-SiD6 Ponds. ORDER N0, 259E.7 BUDGET RMENDMENT COUNTY RUDITOR 0n this the 23rd of R~.tg~_ist 1999, upon motion made by Commissioner- Williams, seconded 6y Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, transferring 4129.98 from Line Item No. i0-495-310 to Line Item No. 10-495-570 Capital D~xtlay and transferring: 479.5E from Line Item No. 10-495-499 Miscellaneous 47.00 from Line Item No. 10-495-457 Maintenance Contracts 4141. 4i from Line Item No. 10-495-2iE, Employee Training totaling 4227.97 to Line Item No, i0-495-485 Conferences. ORDER N0. x.°,968 BUDGET AMENDMENT NON-DEF'RRTMENTAL On this the "?,r^d of August 1999, upon motion made by Commissioner- Let z, seconded by Commissioner- Griffin, the Court unanimously approved by a vote of 4-@-@, transfer^r^ing 33,67@.@0 from Line Item No. 1@-4@9-48@ F'r•operty Insurance to Line Item No. 1@-4@9-4@1 Rutopsies and Inquest. ORDER N0. 259E9 BUDGET AMENDMENT COUNTY TREASURER On this the 23rd of Rugust 1999, upon motion made by Commissioner Baldwin, seconded by Commissioner- Let z, the Court unanimously approved by a vote of 4-0-0, transferring L300.86 from Line Item No. 10-497-1~B Par^t-time Salary to Line Item No. ifD-497-3~9 Postage and ISSUE HANDCHECK for- LATE BILL to Kerrville Postmaster^ #497, in the amount of ~330.0~D. ORDER N0. 25970 BUDGET AMENDMENT COUNTY JAIL On this the 23rd of Rugust 1999, upon motion made by Commissioner Let z, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, transfer-ring 57, 105.2 from Line Item No. i~D-512-104 Jailer- Salaries to Line Item No. 10-512-108 F'ar^t-time Salary and transferring a TOTAL of 52,027.38 from Line Item No. 10-512-103 Cooks to these Line Item Number^s/Descr^iptions: 5333.66 to Line Item No. 1m-512-112 Overtime 53.58 to Line Item No. 10-512-336 Indigent Care 5405.5,:, to Line Item No. 10-5i2-334 prisoner- Supplies 51,284.61 to Line Item No. 10-Si2-335 Prisoner Transfer ORDER N0. G5971 BUDGET RMENDMENT SHERIFF'S DEF'RRTMENT On this the '3rd day of Rugust 1999, upon motion made by Commissioner^ Let z, seconded by Commissioner^ Gr^iffin, the Court unanimously approved by a vote of 4-0-0, tr^ansferringg 51,117.75 fr^om Line Item No. 1a-560-457 Maintenance Contracts 53,911.5 from Line Item No. 10-560-480 Vehicle Insur^ance $3,~71.G0 from Line Item No. 1~-560-~07 Insur^ance- Liability totaling 58,300.00 transferred to these Line Items in these amounts, 5800.00 to Line Item No. 10-56G-31G Office Supplies 51, 500. 0a to Line Item No. iG-560-453 Radio Repairs 56,00G.00 to Line Item No. 10-560-454 Vehicle Repair^s and Maintenance ;~~~iCR hiU. c5'= c BUDGET RMENDMENT JUSTICE OF THE GERCE GCT#' On this the E3rd of Rugust 1959, upon motion made 6y Commissioner Lets, seconded by Commissioner^ Williams, the Court unanimously approved by a vote of 4-0-0, transferring $171.84 from Line Item No. 10-45E,-315 Books-Publications-Dues to Line Item No. 10-45E-310 Office Supplies. ORDER N0. 25973 BUDGET RMENDMENT COUNTY JRIL On this the 23r^d of August 1999, upon motion made by Commissioner^ Baldwin, seconded by Commissioner- Griffin, the Court unanimously approved by a vote of 4-0-0, transferr^ing ~6,927.G0 fr^om Line Item No. 10-512-103 Cooks to Line Item No. 10-012-112 Overtime. ORDER N0. 25974 LATE HILL RDVANCED FAMILY LAW CONFERENCE (8-15-19/99) EMIL KARL pROHL On this the 23rd of August 1999, upon motion made by Commissioner^ Let z, seconded by Commissioner Williams, the Coi_ir^t unanimously approved by a vote of 4-0-0, reimbur^sing expenses for the Rdvanced Family Law Conference, totaling $872.041 (hotel-8/15/99-$564.04, meals-4 days @ $35.04=$i44~.410 and mileage-60m miles x $. 28 per mile=$168.00>. ORDER NO. 25975 APGROVE AND ACCEPT MONTHLY REPORTS On this the 23rd of Rugust 1999, came to be considered by the Cour^t the various monthly r•epor•ts of Y.er•r County and Precinct Officials for• N.er•r County. Upon motion made by Commissioner Lets, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-~-0, that said reports be accepted and filed with the Co~.inty Clerk for future audit: District Clerk - Linda Uecker• Fees for July 1999 Kerr Coi.mty Clerk - Jannett Pieper Trust Fund Report/Fees - Month of July 30, 1999 Kerr County Clerk - Jannett p'ieper- Fees/General Fund JP #3 - Robert L. Tench ~ State Fees Report - Month of July 1999 JG #i - Vance R. Elliott State Fees Report - Month of July 1999 JG #2 - Dawn Weight State Fees Report - Month of July 1999 JG #4 - William E. Ragsdale State Fees Report - Month of July 1999 Kerr• Co~.inty Clerk - Jannett Pieper Fees Collected and Judgements Rendered Month Ending July 1999 Kerr County Clerk - Jannett Gieper Trust Fiend Monthly Report R11 Monies and Fees - Month Ending July 1999 ORDER N0. 2.°i97E gpGROVE FINAL F'LRT OF MOUNTAIN HOME OAI:S SUBDIVISION On this the 23rd day of Rug~_ist 1999, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0, the Final plat of Mountain Home Oaks Subdivision. ORDER N0. E5S77 EXTENSION OF THE pRELIMINARY PLAT OF SgDDLEWOOD ESTgTES, SECTION II On this the ^c3rd day of Gug~_ist i9S9, upon motion made by Commissioner Baldwin, seconded by Commissioner- Williams, the Court unanimously approved by a vote of 4-0-0, the extension of the preliminary Flat of Saddlewood Estates, Section II. (Extension to run thru March 9, 0~0~.) ORDER NO. 5978 ONE-TIME FUNDING OF ~5, Q100. Q~Q~ TO THE COURTHOUSE SQUARE HOLIDRY LIGHTING PR0,7ECT On this the ~~rd day of Rugust 1999, upon motion made by Commissioner Williams, seconded by Commissioner- Lets, the Court unanimously approved by a vote of 4-0-Q1, the one-time funding of SS,Q~00.Otn to the Courthouse Sq~_iar•e Holiday Lighting Project. DRDER ND. "°,979 REVISION OF SAFETY POLICY On this the "'~r^d day of q~.igust 1999, upon motion made by Commissioner Williams, seconded by Commissioner- 6r^iffin, the Cour^t unanimously approved by a vote of 4-0-0, appr^oving the revision of the safety policy. ORDER N0. 25980 .-~ RENEWAL OF LRW ENFORCEMENT LIABILITY INSURANCE On this the 23r^d day of August 1999, upon motion made by Commissioner Let z, seconded by Commissioner Griffin, the Cour^t unanimously approved by a vote of 4-0-0, renewal of the Law Enforcement Liability Insurance for^ another^ three to 15 months. ORDER N0. 5981 AP'P'ROVAL OF DESIGNA"PION OF LOLLING PLRCES FOR NDVEMBER ~, 1999, SPECIAL RMENDMENT ELECTION (AND ANY AND ALL FUTURE ELECTIONS) On this the card of August 1999, upon motion made by Commissioner Let z, seconded by Commissioner Griffin, the Coy"irt unanimously approved by a vote of 4-0-0, designating the following places for^ the General Election and combining 410 in with 404. Designation covers any and all futur^e elections: 10i Riverhills Mall, X00 Sidney Baker^ South, Ker^r•ville 2NE Methodist Church, Church Street, Center- Point 30J3 Cypress Creek Community Center, Stoneleigh Road, Center Point 4@4 Sunset Baptist Church, Hwy 41, Mountain Nome 4Q~5 Hunt School, #i Hunt School Road, Mountain Home 406 Hill Country Arts Foy"indation, Ingram 107 Turtle Creek Community Center, Upper Turtle Creek 3Qi8 Lane Valley School, Off Highway E7 East, Center Point 409 Divide Pr•esbyter-ian Church, Hwy 41 410 COMBINED with 4Z~4 S11 Motley Hills Baptist Chi_irch, cG01 Singing Wind, Kerrville 31c Zion Lutheran Chi"irch, 6c4 Parnett, Kerrville 113 Trinity Baptist Church, 800 Jackson Road, Kerrville 314 N,errville Municipal R~"~ditorium, 910 Main Street, Kerrville c15 Kerr County Extension Service Meeting Room, Hwy E7 East, Ker•rv i 11 e 416 Western Hills Baptist Church, X010 Goat Creek Road ERRLY VDTING: Ker-r• County Extension Service Meeting Room, Hwy ~7 East, I',errville ORDER N0. 25982 RF'F'OINTING ELECTION JUDGES RND RLTERNRTE JUDGES FDR ONE YEAR TERM PURSUANT TO SECTION 3.001 R 32.~D02 ELECTION CODE On this the 23rd day of Rugust 1999, upon motion made by Commissioner Baldwin, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-~d, appointing the following as Judges and Rlter^n ate Judges for^ the term of one year: PCT # JUDGE RLTERNRTE JUDGE 101 Margaret Moorman Maria Whitley 202 Margaret Higgins Nell Sevey 343 Lydia Rlbr^echt Margaret Mor•r•ies 4Q~4 Don Casteel Elaine Cast eel 405 Helen Morrow Richard Bar•ner- 406 Molly Blaisdell Richar^d Gore 107 Betty Str•ohacker F'atr•icia N.ing ~'` 308 LeRoy Pressler Diana Cushman 409 Lucy Dubuison Raynell Tomlin 410 ***Consolidated with F'ct #4iD4~** 211 Billie Meeker^ Lila Silva 312 Marie Weinbr•echt Raul Rr•r•eola 113 Jennie Mother•al Joan Evans 314 Deloris Posey Lila Castillo 215 Madeline Uecker• Cathy Ritter 416 Robert Rver•y Dawn Shaw Early Voting Ballot Board Stan Kubenka - Judge Rose St~.arges - Rlter•nate ORDER N0. e598~ APPOINTING COUNTING STRTION PERSONNEL F'URSURNT TO SECTION X7.001 On this the card day of Rugust 1'39'3, ~_ipon motion made by Commissioner^ Baldwin, seconded by Commissioner- Let z, the Court unanimously approved by a vote of 4-0-0, appointing the following: Counting Station Gresiding Judge - Jannett Pieper and Manager Tabulation Supervisor - Nadene Rlfor^d Assistant Tabulation Super^visor•s - Mindy Williams (r•~.in machines) - Brenda Craig Counting Station Clerks - Shelia Hr•and - Cheryl Thompson - Thea Sovil - Val Medr•ano ORDER N0. 25984 BUDGET RMENDMENT COUNTY CLERF: On this the 2~rd day of Rug~.~st 1999, upon motion made by Commissioner Williams, seconded by Commissioner Baldwin, the Cour^t unanimously approved by a vote of 4-0-0, transferring 8E,000.00 from Line Item No. 10-40~-•104 Deputy Salary and transferring 81,000.00 from Line Item No. 10-403-108 part-Time Salary totaling 87,000.00 to Line Item No. 10-403-570 Capital Outlay. (Purchase of engineer^ing copier^ to replace the blue-line machine.) ORDER N0. X5985 RCCEF'TED RESIGNATION OF SHERIFF KRISER On this the 3rd day of August 1999, upon motion made by Commissioner^ Williams, seconded by Commissioner Gr^iffin, the Court unanimously accepted by a vote of 4-0-0, the resignation of Sher^iff Kaiser-, effective 30 September 1999. ORDER N0. ~59BE AGGOINTING INTERIM ACTING SHERIFF On this the 2~r^d day of August 1999, upon motion made by Commissioner Baldwin, seconded by Commissioner Let z, the Coi_~r^t unanimously approved by a vote of 4-0-0, to accept resumes from individuals who ar^e candidates for the sheriff position and for consideration for appointment as the interim sheriff. ORDER N0. 25087 OPPOSITION TO GUADRLUF'E-BLRNCO RIVER RUTHORITY AOF'LICRTION TO SELL WRTER FROM CANYON LRt;E (ANYWHERE OUTSIDE GBRR'S TEN-COUNTY STATUTORY DISTRICT) On this the 23rd day of Aiag~.ist 1000, upon motion made 6y Commissioner- Griffin, seconded by Commissioner- Baldwin, the Court unanimously approved by a vote of 4-0-0, opposing the application by Guadalupe-Blanco River- Ruthor•ity to sell water- from Canyon Lake to anywhere outside GBRA's ten-county statutory district. ORDER NO, 25988 AGF'ROVE MEMORRNDUM OF UNDERSTRNDING BETWEEN f'.ERR COUNTY RND HILL COUNTRY COUNCIL DN RLCOHOL RND DRUG RBUSE, INC. On this the 23r^d day of August 1999, upon motion made by Commissioner- Paldwin, seconded by Commissioner Lets, the Court unanimously approved by a vote of 4-0-0, appr-oving the Memorandum of Under-standing between N.er^r County and Hill Country Council on Alcohol and Drug Abuse, Inc. and author-ized County J~.~dge sign same. ORDER N0. 25989 ApG~ROVAL TO EXTEND HNRN HRN On this the 23rd day of Rugust 1999, upon motion made 6y Commissioner Let z, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, to extend burn ban for another- 14 days. ,~ ~~ SPECIAL COMMISSIONERS' COURT AGENDA MONDAY, AUGUST 23, 1999, 9:00 A.M. COUNTY COURTROOM KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 THIS NOTICE IS POSTED PURSUANT TO THE TEXAS OPEN MEETINGS ACT. (TITLE 5, CHAPTER 551, GOVERNMENT CODE AND TITLE 5, CHAPTER 552, GOVERNMENT CODE.) This Commissioners' Court will hold a meeting at 9:00 A.M., Monday, August 23, 1999, at the Kerr County Courthouse in the Commissioners' Courtroom. CALL MEETING TO ORDER VISITORS INPUT • Citizens wishing to speak on items NOT listed on the regular agenda, please fill out form for consideration at this time. Citizens wishing to speak on items LISTED on the regular agenda, please fill out request form for consideration during discussion on that specific item. In order to expedite the flow of business and to provide all citizens the opportunity to speak, the Judge may impose a three (3) minute limitation on any person addressing the court. COMMISSIONERS' COMMENTS • Commissioners and/or the County Judge may use this time to recognize achievements of persons in their Precinct or to make comments on matters not listed on the regulaz agenda. I APPROVAL AGENDA: 1.1 Pay bills. 1.2 Budget Amendments. (County Auditor) 1.3 Late Bills. (County Auditor) 1.4 Approve and accept Monthly Reports. rwarS:.S:.+:~c~~1'V~ A_.D.ti ,iA~Yt)IElE&KENR~. TMIE~u,'ia7 ~ .a ~ GARE7A. BARBEE, DAputy II CONSIDERATION AGENDA: (Action may be taken on Items listed below) 2.1 Consider and discuss concept plan for Quinlan Creek Golf Resort, LTD, Precinct 3. (Commissioner Pct. #3/R.W. Carey/County Engineer) 2.2 Consider and discuss final plat of Mountain Home Oaks Subdivision, Precinct 4. (Commissioner Pct. #4/County Engineer/Rick Peny/Robert Blankenship) 2.3 Consider and discuss extension of the preliminary plat of Saddlewood Estates, Section II, Precinct #1. (Commissioner Pct. #1/County Engineer/Chazles Domingues/David Cummings, Jr.) 2.4 Consider and discuss cone-time funding of $5,000 to the Courthouse Squaze Holiday Lighting Project and other related items. (Commissioner Pct. #2/Al Donabauer) 2.5 Consider and discuss a workshop and date with our Third Party Administrator concerning our Group Health Insurance Plan. (Auditor) 2.6 Consider and discuss renewal of law enforcement liability insurance. (Auditor) 2.7 Consider and discuss selection process concerning a risk manager. (Auditor) 2.8 Consider and discuss revision of safety policy. (Treasurer) 2.9 Consider and discuss approval of designation of polling places for November 2, 1999 Special Amendment Election and Combine Precinct 410 with 404. (County Clerk) 2.10 Consider and discuss appointment of Election Judges and Alternate Judges. (County Clerk) z 2.11 Consider and discuss appoint Central Counting Station Personnel pursuant to Section 127.001, Texas Election Code. County Clerk) 2.12 Consider and discuss budget amendment request to move funds to Capital Outlay for the purchase of an Engineering Copier to replace the blue-line machine. (County Clerk) 2.13 Consider and discuss technical and budgetary issues regarding the computer network in the Sherili's department. (Commissioner Pct. #4) 2.14 Consider and discuss resignation of Sheriff Kaiser and procedure for appointment of interim acting SheriiT (County Judge) 2.15 Consider and discuss status of 1999-2000 budget and schedule for adoption of budget and setting tax rate. (County Judge) 2.16 Consider and discuss application by Guadalupe-Blanco River Authority to sell water from Canyon Lake anywhere outside GBRA's ten-county district. (County Judge) 2.17 Consider and discuss adoption of rules and/or regulations regarding manufactured housing rental projects. (County Judge) 2.18 Consider and discuss request for increase in civil fees. (Sheriff 2.19 Consider and discuss approving Memorandum of Understanding between Kerr County and Hill Country Council on Alcohol and Drug Abuse, Inc. and authorize the County Judge to sign same. (County Judge) 3 CLOSED MEETING A closed meeting will be held concerning the following subject(s): III. EXECUTIVE SESSION: This meeting is authorized by Title 5, Chapter 551, Government Code and Title 5, Chapter 552, Government Code. 3.1 (551.071(1)(A)) Consultations with Attorney (County and Civil Attorney) OPEN MEETING An open meeting will be held concerning the following subject(s): IV ACTION AGENDA: 4.1 Action as may be required on matters discussed in Executive Session. V INFORMATION AGENDA: 5.1 Reports from Commissioners. a ADDENDUM SPECIAL COMMISSIONERS' COURT AGENDA MONDAY, AUGUST 23, 1999, 9:00 A.M. COUNTY COURTROOM KERR COUNTY COURTHOUSE KERRVILLE, TEXAS 78028 II 2.20 CONSIDERATION AGENDA: (Action may be taken on Items listed below) Consider and discuss extending the Burn Bad. (County Judge) ~-~9EF~o. ~o~ JMNE7rVIEDEN,K CO Tp1E1~0,~~1)j Bl'• ~.~~r./poD~' Ma aREra s,4Ret~ t~prty