C" ~ 1 SPECIAL COMMISSIONERS' COURT AGENDA MONDAY, AUGUST 30, 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 30, 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 regular agenda. I. CONSIDERATION AGENDA: (Action may be taken on Items listed below) 1.1 Consider and discuss presentation by Kerr County Third-Party Administrator regarding health insurance costs. 1.2 Consider and discuss approval of Kerr County Budget for Fiscal Year 1999-2000. pq ,.,led 4~ ~ of A.D. 19.E JANNEIT PIEPER, KERB CO ERK TiYE~/~ 1.3 Consider and discuss status of burn ban. ~~,~%,~ o~~,, ay. 1 ±MA GARET A. BARGEE, Deputy CLOSED MEETING A closed meeting may be held concerning the following subject(s): II. EXECUTIVE SESSION: This meeting is authorized by Title 5, Chapter 5 51, Government Code and Title 5, Chapter 552, Government Code. 2.1 (551.071(1)(A)) Consultations with Attorney (County and Civil Attorney) OPEN MEETING An open meeting will be held concerning the following subject(s): III. ACTION AGENDA: 3.1 Action as may be required on matters discussed in Executive Session. a 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 1 2 3 4 5 6 7 8 9 10 11 12 13 Y. - 14 15 16 17 18 19 20 21 22 23 24 25 3 !-.. . 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Monday, August 30, 1999, at 9:00 o'clock a.m., a Special Session of 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 30th, 1999. We'll call to order this special Commissioners Court session. At this time, any visitor wishing to speak on an item not listed on the regular agenda who's completed a form for consideration is invited to come forward and speak. Is there anyone here who wishes to speak on an item that's not on the agenda? Seeing none, we will move on. Do any Commissioners have any comments this morning? Buster? COMMISSIONER BALDWIN: No, I'd better not, not in the public setting. JUDGE HENNEKE: Larry? COMMISSIONER GRIFFIN: None for me. JUDGE HENNEKE: Commissioner Williams will not be with us today. His stepbrother died of a heart attack last night. He's gone to be with his family and deal with that situation, so our thoughts and prayers go with him, and we'll miss him this morning. Do you have anything you want to comment on this morning, Jonathan, on a general basis? COMMISSIONER LETZ: No, sir. JUDGE HENNEKE: We'll go to the consideration 4 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 agenda, then. The first item is consider and discuss presentation by Kerr County Third Party Administrator regarding health insurance costs. Tommy? MR. TOMLINSON: This is a subject that we discussed at the last meeting, and I think the one before that, as to -- and I think it's especially important, before we put our budget to to bed, to -- to hear from our Third Party Administrators as to what -- what they expect our health insurance premiums look like for next year and talk a little bit about the renewal. I think there are some items they want to talk to us about regarding that. And, in general, for -- for the Court to -- to understand where our dollars go, as far as our plan. So, without any further explanation from me, I want to introduce Ray Bothwell. He is here from our third -- from Employee Benefits. Also with us is Bryan and Curtis Finley, our representative -- our agent from Kerr County. JUDGE HENNEKE: Yes. MR. ROTHWELL: I'm Ray Bothwell, and I represent Employee Benefit Administrators out of San Antonio. And, we've been the Third Party Administrator for the Kerr County health and life program for the last couple years. I'd like -- since there's a couple of new folks on the Court, or at least one -- two present, the Judge and Commissioner Griffin, we're a fully-funded, partially self-insured health insurance ..-. 5 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 program with Kerr County, and I'd like to kind of walk you through a couple minutes on what that means. When we say "fully-funded,}' it's become funded at the maximum recommended level, based on the numbers we get from the reinsurance folks that we go out for bids from. What it says is that, in effect, it's a fully-insured insurance program. The funding of it happens to be a little bit different. Rather than sending 100 percent of your premium money off to an insurance company every month, you send it to a third party administrator. Part of the fund is kept here in the county, and we buy reinsurance with it, we pay our administrative expense with it, and we pay your claims with it. Hopefully, under this program, there's a reserve left over, and I'll go into that with you in just a few minutes. But, there's two components -- or really three components of your health insurance program. We go out and we shop the market for a premium cost-specific reinsurance. What that says is that, for any county employee or dependent that has a claim exceeding $25,000, if it's $25,001, the $1 over $25,000 is paid by an insurance company. 50, the County effectively funds through their monthly contribution the first $25,000 of claims for any one specific person. After that, it's a reinsurance level. We also buy a reinsurance for the aggregate, an annual maximum for your entire program, and we go out and shop that. Those two come together, 6 i._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 II 16 17 18 19 20 21 22 23 24 25 usually from one supplier or from one insurance company. So, we buy two kinds of insurance from you -- for you. We shop it every year. This year we sent it out to six reinsurance companies, and I do not have all of my prices back yet. I wasn't aware we were going to have this meeting until last Thursday. But, later this week, I expect to get two or three more proposals in. I'm going to go over the current one, because it happens to be from the current carrier on a renewal basis. The third component we have is administrative expense, what we charge you to handle your program, from the billing to the claims payment to the customer service to negotiating rates with -- with hospitals and/or P.P.O. networks, Preferred Provider Organizations. Locally, we use the local network, Greater Hill Country Health Care Alliance, which is the local hospitals in Kerrville, Fredericksburg, and Llano, and the majority of the local doctors. There are a few doctors in town and in Fredericksburg that are not in that network, but, for the most part, they all are. So, we keep everything as local as we can. If you're outside of San Antonio, you're in a different P.P.O. network that works well and accepts your employees' I.D. card. With that in mind, does anyone have any questions before I give you a handout and we go over some numbers and structuring? COMMISSIONER BALDWIN: Ray, when you -- you just 7 ~... - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 22 23 24 25 got through saying if you're outside the San Antonio area. Are we in the San Antonio area? MR. ROTHWELL: No. When you're outside of the Kerrville area, in San Antonio or Houston or Dallas. COMMISSIONER BALDWIN: Okay. Okay. MR. ROTHWELL: Or Boerne. COMMISSIONER BALDWIN: I misunderstood you, sorry. MR. ROTHWELL: So, we have the local network for all. That's called the Greater Hill Country Health Care Alliance. Used to be Peterson -- P.H.R.O., Peterson Hospital Regional Organization, or something like that. Fredericksburg had a like organization. A couple years ago, they joined together with Llano also, and it's now called the Greater Hill Country Health Care Alliance. And, we -- we have a direct contract with them, not just for Kerr County, but for some other business that we do. Outside of this area, we're currently using a network called National Health Care alliance, and all of the hospitals in San Antonio and the majority of the doctors in San Antonio belong to that one. Same thing in Houston and Dallas. So, we pretty much have the, quote, network coverage almost anywhere you are. On top of that, we overlay a -- a network called Foremost Select, and that's a catastrophic network. They have contracts with -- with about 275 hospitals nationally. They're considered to be centers of .-. 8 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 excellence: Anderson, Mayo, Dallas, Baptist, San Antonio, for heart transplants, neonatals, burns, severe -- severe kind of things. So, network-wise, we've got your programs well-oiled, I would say, would be a way to say that. Okay. If there are no questions, I'll kind of go over where we stand -- where we stand and why with -- with your current program. This top sheet -- and I'd Like to walk through these pages with you kind of one at a time. The top sheet is a quarterly report. This is through the tenth month. It's a quarterly report that -- that we provide your -- your county on a quarterly basis. And, basically, what this -- this is kind of an outline of just claims. The top little section, at the beginning of the year, when we enrolled your program this last year for renewal, we said we might expect 5619,064 in claims. It was on a paid basis. So, it was bringing in claims prior to last November and going through this -- this October. Going down the page, on the left-hand side, the little block just says we've got 188 single employees and 48 dependent units of some kind. Those can be employee children, employee spouses, or employee families enrolled in your program. The -- and I apologize for the two blocks that aren't printed out completely. On the right-hand column, the little minimum attachment point, and the next one is true attachment point. The words didn't print out and I didn't notice that until I had left my 9 1 office the other day. Through ten months, we're saying your 2 attachment point was $467,000. Down at the bottom section is 3 I actual claims paid. 11/1/98 through 8/1/99, we've paid 4 I $483,000 of claims -- right at $484,000, actually. Then the 5 ~; next line, you'll see specific claims, $86,162. That's that 6 ~ specific program that we buy. Any -- any employee that has 7 claims greater than $25,000 is paid by the reinsures. So, 8`, we've taken out the $86,000. That's $86,000 above the 9 I $25,000 on one or more employees. I think there happens to 10 be four, maybe, in here that work towards that $86,000. 11 So we've got $397,000 of claims. You'll see your true 12 attachment point was 467. We've got $15,000 paid outside the 13 stop loss, and the next page will kind of explain that. But 14 we have six employees -- six retired employees over age 65 on 15 the county program, and we pay those -- those claims 16 secondary to Medicare. So, we've got six folks on the -- on 17 the program that Medicare is primary, and -- and your plan, 18 your county plan, is secondary. And that $89,263, in 19 parentheses, it says that we're currently running $84,000 20 under the true attachment point of $467,000, so your plan, 21 quote, has a reserve of $84,000 in it through a 10-month 22 period. That's what that first page tells you. Second page 23 is just a highlight, on a monthly basis, of those Medicare 24 folks. And the third page gives us a picture of where we're 25 going on a renewal basis, renewing with the current carrier. 10 ..~- - 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 Now, we were asked to -- to try to get a two-month extension to get your plan to a January anniversary date. When we went out to our current carrier -- the only person you can get an extension like that from is your current carrier -- the current carrier would not do it. And the reason they wouldn't do it is the spec claims of $86,000 verses $105,000 of income -- of premium income the carrier gets for that -- for that spec insurance. We know that -- or we believe at the end of this two months, we're going to be at or exceed 100 percent of our spec premium level that the reinsures has of about $105,000. We're currently at 86. Those spec claims are still going during this month, and we anticipate them to continue next month. We don't think there's any new people coming in on a spec basis. There's no indication of it, but that doesn't mean it's not going to happen. But -- but the folks that are in the current -- current spec program are continuing. We'll continue to get claims on them, and for this reason, the reinsures elected not to extend, but did elect to give us a 14-month contract. Now, I'll back up and tell you we sent this out to six -- six reinsurance companies, and we only use A or better companies. Four of them have -- two of them have declined to bid because of the spec claims level and the unknown nature of whether they're going to continue into the future period or not, so they -- they declined. I've got three bids that I 11 1 °"! expect to get back this week, Wednesday or Thursday. And, as 2 "I' soon as I get those back, I'll bring those back through 3 ~J Barbara and Tommy to -- for y'all's benefit. I really don't 4 ~ expect them to be any better than the rates I have. I think 5 II these rates are -- are extremely good from a renewal 6 standpoint, and we'll walk through that in just a few 7 minutes. 8 But, I did -- I did three layouts here on this page 9 where you could compare the current rates on a 12-month 10 ~ contract to the renewal rates on a 12-month contract on the 11 left-hand side of that, and a 19-month contract going over on 12 the ri ht-hand side. You'll see that your current rate is i g 13 ~ $236 for an employee, and then renewal rate is $257 for an 14 I` employee. That's about an 8 percent increase. Medical 15'r~ trends are running at about 11 percent. The reason we've got 16 ' the rate as good as we did is because we will not -- do not 17 expect, nor really think there's a possibility of going over 18 the annual attachment point this year. We're just -- we're 19 $85,000 under it now; we've got two months going forwards. 20 We're just not going to see that point. So, that's one of 22 the reasons we got that type of a renewal rate. 22 The three components that we talked about earlier, laid 23 out on that sheet, are your two insurance numbers at the top, 24 the spec premium, and the aggregate premium. Let's go to the 25 14-month column and you'll see that's a $47.41 number for an 17_ 1 2 3 4 5 k r 6 7 8 9 10 11 i 12 ! 13 j 14 15 16 17 18 19 20 21 22 23 24 251 employee only, versus a $36.16. Now, remember, we're going '. than 12 months so if ou want to com are 14 months rather y P the 36 to the 43 on a 12-month contract, it's -- the numbers 1 are -- are where you can compare those. That's about a 30 i percent increase in the spec rate. We'll see that on the !, next page, where I've got it broken down a little differently for you. But, it's a -- but it's a 14-month program, as opposed to 12. Again, the numbers are small. The administrative costs at $14.50; you'll see that that's down, on the next page, or you can look at the top, by 35 cents. The admin cost is down. The funding claims, funding number is where your real dollars are, and that's a product of utilization. The more the program is used, the more dollars spent for claims, the higher that funding number is. To remember my earlier term, "fully funded, partially- self-funded program." So, you can really think of this as a fully-insured program. That's what it is. You've got a guaranteed maximum amount of dollars you're going to spend. They're laid out down at the bottom of that page. The fixed costs, specific and ag insurance and administrative expense, fixed costs for the year for a 14-month period, claims funding, fixed cost for the year. Bottom line, annual maximum. Only thing that's not in those numbers are those Medicare -- those six Medicare secondary employees. They're paid outside the stop loss. They're not included in your 13 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 annual aggregate. Anyone have any numbers on those -- any questions on those pages -- on those numbers? COMMISSIONER LETZ: What are the -- the E.O., E.C., E.S., and E.F.? MR. ROTHWELL: Employee Only, Employee Children, Employee Spouse and Employee Family. You know, let me -- Commissioner Letz, let me explain or comment on that, since you've asked that question. When we get -- when a reinsures gives us numbers, they give us numbers in two categories. They give us an "employee only" number and an "employee dependent" number, so we have two numbers to start with on that funding, on that attachment point; we have two numbers to start with. When we start breaking that back to an employee child, employee spouse, and employee family number, we have -- in that case, we have $711,227 down at the bottom. That is the annual attachment point for claims. That's a number we have to -- we have to tie back to. That's the -- that's what we tie to to make it a guaranteed maximum dollar. So, when we take that employee dependent number that they've given us and we go back to a child rate, a spouse rate, and a family rate, we have to raise that employee dependent number to -- to get down to a -- to a 307, in this case, for a child, and a 399 for a -- for a spouse. The number, as I recall, was $403 or $406, but to get -- to spread that number back to 20 employees with children and 10 employees with 14 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 spouses, versus only eight with families, that family number goes up a little -- a little more, probably, than -- than on a normal distribution. Eight families is a -- is a little bit lower than normal, versus ZO children or 10 spouses. So -- so, that family number gets exaggerated just a little bit when you tie back to that bottom number. COMMISSIONER LETZ: To make sure I'm reading this right, 188 of the County employees are only the employee? MR. ROTHWELL: That's right. There is 188 folks that have elected to to have employee -- employee-only coverage, mm-hmm. COMMISSIONER LETZ: And, under the employee children, is that children or child? MR. ROTHWELL: There's 20 employees with one or more children. COMMISSIONER LETZ: One or more? MR. ROTHWELL: Uh-huh. And then ten with only one spouse. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: How many with more than one spouse? MR. ROTHWELL: I don't know, Fred. I would never try to figure that out. The next page kind of gives you a breakdown. One of the things that Tommy asked me to do in discussing this was to really point out for you where the dollars are spent, and your dollars are spent in the claims. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 Secondary dollars are spent for the reinsurance you buy for that protection, and then the admin cost is a fairly insignificant piece of the total. Comparing your current rates, this is the total with a 12-month and a 14-month contract. Percentage-wise, you can see that there's -- there's virtually no change going across. The specific and aggregate doesn't change; that's a fixed number. And the claims funding, I've presented this with a claims-funding-only number of a 5 percent increase in employee, up to -- graduated up to a 14 percent increase for families. But, that's a layout of disbursing the dollars that -- that the County forwards to us for handling the program on a monthly basis. One thing that's not laid out in here, and I was rather surprised when I looked at the numbers -- in fact, I had the reports run twice 'cause I didn't believe them. Your -- your prescription costs, pharmacy card, verses your total claims is about 18 percent. I thought that was so Iow -- I mean, it's high. It's high, but it's lower than almost any other group we have. Most of the business we have are 22, 23, up to 50 percent medical claims versus Rx claims, and you're running at about 18 percent, $72,000 through ten months of -- and you don't see that on your numbers anywhere. $72,000 of -- of Rx payments versus $397,700 of claims. It's about 18 percent. That's a really low number. National average is 16 1 ~ about 17 percent. Three years ago it was 12 or 13 percent. 2 ~ It's up. It's the most alarming number, prescription cards, 3 to all insurance companies today. Its the one that's getting 4 the most visibility by all insurance companies. And it's 5 6 7 8 9 10 11 12 13 14 15 16 17 f 18 19 20 21 22 23 I 2 4 I' 25 beginning to be one of the largest components -- single components of an insurance premium, the Rx card and how it's treated. So, anyway, that was an interesting number that I found going through it. The last page is something that I want to visit with you i in a couple of different ways about. We put a lab card in place a little prematurely, some folks thought, in the County program during this last year. When we put it in, there was -- there was really no facilities in Kerrville to handle the :- lab card, and we only have it currently in Kerr County. We're introducing it, within the next two weeks, in a couple of other doctors out here. But, after some of your employees started showing their lab cards in the doctors' offices and a number of calls to my office -- and some of them weren't real nice, but that's okay, too -- one of the labs in town contracted with Lab One. The lab -- and I'm not sure of the name of it, but it's the lab down in the Family Practice building. There's basically three labs in town; Guadalupe Physicians, there's one at Family Practice, and there's one in the hospital that does this kind of work. Lab One is a program designed to save money. It's a 17 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 national program, at no cost to the local providers. You go in, you show your lab card. If it's used, the County employee pays zero, nothing. The bill comes through your claims payments, just like the Rx bill. And, this year -- and I don't remember the month, Barbara, that we really put it in, but it was late. It was February or March, as I recall. There was about 163 usages. There's been 23 doctors. The total cost of those 163 usages without the lab card was $4,935; that's based on a national average. We paid -- or you paid $1,736, for a savings of $3,199 on 163 usages. That represents about 35 or 36 percent of the County's usage of laboratory, okay? We did verify these top three users. The numbers down at the bottom of $44.50, $76, and $39.50 are within less than a dollar of the current rates in all three labs here in town. So, that says to us that the prices that we're paying for those top three of $850, $1,790, and $499 are valid, meaning the overall savings of $3,199 is -- it's a statistical valid number. And, what we'd like to do is have the folks from Lab One come in and do an education program, at least for your supervisors. We'd like to be able to touch base with most employees. It's a 20- to 30-minute meeting, in groups, to where we can really make them aware, because we believe this can be a substantial savings to the Kerr County program. JUDGE HENNEKE: Is there an extra charge for the 18 1 2 3 4 5 6 7 8 9 10 11 12 13 , 14 15 ,' 16 !, 17 'I 18 19 20 21 22 23 24 25 lab card? I don't understand why not everybody has one. J MR. ROTHWELL: Pardon? I JUDGE HENNEKE: I don't understand why not everybody has one. COMMISSIONER BALDWIN: We do. MR. ROTHWELL: Everybody for the -- in the county does have one. JUDGE HENNEKE: Okay. '' MR. ROTHWELL: Every employee in the county on the county insurance program has a lab card. 4' JUDGE HENNEKE: They're just not using them? Is that what -- MR. ROTHWELL: Yeah. You know, like I said, there's 23 doctors that have used this program once or more, one time or more during this period from March or April through -- through the current period. If you walk into a doctor's office and they're going to do blood work or -- or some kind of lab test and you give them the lab card, the only place they can send you to have it done is the lab that's down in the Family Practice building and get in this program. COMMISSIONER BALDWIN: Family Practice is the one with the contract? MR. ROTHWELL: Yes, that lab down there. And, they've got a -- I've been told they've got a sign in their 19 11 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 window, "Lab One" -- or "Lab Co.," I think it may say, "Provider." I really do believe and encourage y'all to -- to ` work with us on letting the folks from Lab One come in and do~ an education period with your employees. I think, going forward for the next time period, it can be a real substantial savings to you. And, as we find things like that, as we work with programs like that, we introduce them into our groups. We have this in a number of our groups now, and hopefully by the end of this next year will have it in virtually all. Some areas -- in some of the rural areas it's not a practical thing to do. But, here it is. That's the layout of your program. The -- the numbers, for renewal purposes, as we see them right now with your current carrier are displayed for you under the 12- or 14-month -- it's my understanding you'll go to a 19-month to get to a January date. Later this week, I should have some additional numbers. As soon as I get them, if they're better than these or worse than these, I'll provide those to -- to Barbara and to Tommy and to the Finley agency to share with you. COMMISSIONER LETZ: Do you have a summary of our current coverages, exactly -- exactly what each employee gets? MR. ROTHWELL: Uh-huh. I mean, I have -- do you have one of these? Are you in on the program? 20 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 COMMISSIONER LETZ: Yes, I probably have one, but I'm just -- I mean, basically, I think one of the things that we talked about looking at this quarter is figuring out exactly what our coverage is and making sure that's exactly what we want and -- MR. ROTHWELL: Okay. I'll tell you that your program is not -- it's a real good, solid program. It's not -- I wouldn't consider it a real flamboyant, Cadillac kind of program, nor would I consider it a lower-end Chevrolet program. I think it's a good, solid health insurance program. There's a couple of things that are probably not used effectively in it. It has a $200 annual preventive physical program that we don't see, as administrators, used probably as much as it should. I mean, it allows every employee to go have a physical; it's paid for 100 percent, up to $200 a year. We don't see that used, probably, as much as it could. And, again, if we do the education thing with Lab One, we'll incorporate some of those kind of things into some of that kind of conversation with your employees. COMMISSIONER LETZ: That physical is in addition to the -- I mean, it doesn't deduct, but it doesn't go against that? MR. ROTHWELL: No, it's a flat $200, 100 percent paid. COMMISSIONER GRIFFIN: I did mine in January right 21 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 after I took office. It's a good deal. MR. ROTHWELL: It's an excellent deal, and I would encourage every person to take advantage of that. MS. NEMEC: I think we have a real good program, and that's just a problem that a lot of employees either don't read this, or read it and don't understand it. So, if we were to have them come in and explain it, I think they would benefit a lot from it, and so would Kerr County and the savings that we would get in the long run. MR. ROTHWELL: Yeah, I think it's something -- I don't know how that was done when this was installed a couple-three years ago, but it's something that we try to do with all of our new business. And often, with renewal business, if there's going to be some benefit changes, we come in, we have employee meetings or just -- you'll schedule meetings, 30-, 45-minute meetings, 25 to 30 people at a time, where we can go over in detail and answer questions and cover those kind of things. COMMISSIONER LETZ: Barbara, can you give me another copy of that, please, of that handout on -- MS. NEMEC: Yes, I'll get you one. COMMISSIONER LETZ: So I can go over the coverage. MR. ROTHWELL: It also -- the first two or three pages is just a summary of the benefits schedule, and -- and it's -- as good as you can lay out insurance stuff, I think 22 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 it's laid out fairly clearly. COMMISSIONER GRIFFIN: Yeah, it's pretty straightforward. MR. ROTHWELL: I will tell you this, that as an administrator of your plan, we work for y'all; we don't work for the insurance companies. We represent Kerr County. We think we do a superb job. I don't believe we have any unhappy Kerr County employees, as it relates to us handling their benefit program. I think Barbara hears about the ones we have. I know we get a lot of compliments through the -- through the course, which is unusual for health insurance. And, if we buy health insurance and don't get more dollars paid than we're paying in premiums, we're often unhappy with it. But, we -- we do -- we know we've saved you money through your administrative side through the way we handle your claims, and it hasn't been to the detriment of your employees. We pay the benefits per the benefit design of your plan. The renewal process, we bid it every year. We bid it last year with six or seven carriers. We've bid it this year with six carriers. So, the things that you bid, if you were to go out for bid, would be exactly what we do. You would be bidding another -- another administrative cost. And, you rarely find an administrative cost lower than $14.50 with any T.P.A. So, that's where we stand with your program. We're 23 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 pleased to be g'all's T.P.A. We'd like to get to you sign a 10-year contract with us, but that's probably not practical. But, anyway, that's where we are. If there's any questions, I'd be glad to cover those with you. JUDGE HENNEKE: Since we're doing this in a budget context -- MR. ROTHWELL: Mm-hmm? JUDGE HENNEKE: -- what is the -- what is the bottom line impact to this coming budget year? Tommy, have you got anything on that? MR. TOMLINSON: Well, I anticipated that question. JUDGE HENNEKE: That doesn't surprise me. MR. TOMLINSON: Approximately $50,000. If you go -- if you go with the 12-month contract for Employee Only, the difference between the current -- between the current funding level and -- and the proposed renewal is approximately -- it's about $20 per month per employee that's covered, so that would -- roughly, that would be around $50,000. JUDGE HENNEKE: 14-month, it would be ba MR. TOMLINSON: JUDGE HENNEKE: MR. TOMLINSON: JUDGE HENNEKE: About $50,000. If we went with a sically the same, correct? Right. Well -- Because the difference is the -- On an annual basis. For an annual basis. 6 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 , 20 21 22 23 29 25 24 MR. ROTHWELL: But, Judge, bear in mind that as you go forward, we've got an eighty -- $84,000 of your money that we're not spending through ten months. JUDGE HENNEKE: But, we're doing the budget. MR. ROTHWELL: Yeah. JUDGE HENNEKE: And, we've got to put in the budget -- MR. ROTHWELL: The maximum. JUDGE HENNEKE: -- the dollars that we're going to spend on health insurance. So, if we're in the magnitude of $50,000 short, then I think Tommy's going to tell us we're going to have to alter a portion of that. COMMISSIONER GRIFFIN: That's not worked into these numbers. MR. TOMLINSON: That's not in that number. COMMISSIONER GRIFFIN: Yeah. JUDGE HENNEKE: Okay. Bryan, do you or Curtis have anything to add? MR. BRYAN FINLEY: The only comment that I'd like to add is that we've been in business for 45 years and worked with a lot of third-party administrators, and directly with a lot of insurance companies, and I can honestly say that the service that is rendered by E.B.A. to your employees is the best that we have ever experienced. The claims payment is the most timely that I have seen. We've worked with these 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 guys -- Dennis Burkholder, the head of the company, and I go back probably 12 to 15 years, and he is probably one of the best negotiators I have ever run into when it comes to lining up insurance companies to do business with and -- and extracting from them, as Ray has indicated here, very favorable rates. We've appreciated getting to work with your people, both on an administrative level, and those that have had some minor claims problems call our office, and we've been able to resolve them almost instantly. But, we hope that we would have the opportunity to continue for some period of time. JUDGE HENNEKE: Thank you. Barbara? MS. NEMEC: I'd just like to say that before we went with this third-party administrator, insurance was almost a full-time job in my office, and it was to the point where I was going to have to hire an employee just to take care of insurance and insurance problems and questions and all that. And, since we went with them a couple of years ago, they handle everything. It's just unbelievable, the service that we get from them, and I just want y'all to know that. And, our employees are happy, as they say. There's a few problems, but, I mean, those are minor, and it's just a matter of the employee or the doctor getting the right paperwork. It's nothing that they've done. So, they're great. 26 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: Okay. Mr. Auditor, what do we need to do as far as our budget? MR. TOMLINSON: Well, I think we can approve tt~e proposed budget as it is, and then, when we actually adopt the budget, we can -- we can adopt the budget with these numbers in it by -- by special Court Order. In other words, we can pass an order increasing the proposed budget by that amount, and it will be a part of the -- that will be a part of the budget. COMMISSIONER LETZ: Why don't we just adjust it now? Why -- why put out a budget that we know we're not going to -- MR. TOMLINSON: Well, your numbers you have in front of you are -- well, they don't reflect this at all. And -- and what you vote on -- unless you vote to approve it with a condition that we do add it today. MS. NEMEC: I think another reason is that he is -- there is still some more quotes that are going to come in Wednesday. They may be lower. There's a chance that they may be lower. MR. ROTHWELL: Right. COMMISSIONER LETZ: We don't have a precise number on anything we go out for capital items on. We're going off the best guess on computers and everything else. I would rather get the budget as close as we can right now and adjust 27 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 it pennies or a few dollars later. MR. TOMLINSON: If you want to approve the -- these numbers with that condition, then we can go back in and redo it. COMMISSIONER LETZ: It just seems cleaner to me to get it as close as we can. COMMISSIONER GRIFFIN: Are you saying do it by order now? JUDGE HENNEKE: No, he's saying today, before we approve the budget, let's amend the numbers and just agree among ourselves that we're going to add in the magnitude of -- we'll probably just add $50,000 to the current budget for purposes of covering health -- COMMISSIONER LETZ: Health insurance. JUDGE HENNEKE: Anticipated increases of health costs. And then, when we get exact numbers, then if we get it before we adopt the budget, we can adopt the budget with the exact number. COMMISSIONER LETZ: Right. JUDGE HENNEKE: Which will take a Court Order. But, I think what Jonathan's saying today is very appropriate. Let's give the public, when we approve the budget, the real magnitude of what we're going to be spending. COMMISSIONER LETZ: So at least I know I'm not ~8 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 losing my mind. JUDGE HENNEKE: You didn't have to say that. COMMISSIONER GRIFFIN: That will work. That will work. JUDGE HENNEKE: Anything further? Ray, thank you. MR. ROTHWELL: Thank you. JUDGE HENNEKE: We appreciate it. Bryan, Curtis, thank you all. That you for coming in this morning. COMMISSIONER LETZ: Where does take us with the -- I guess the consultant was more for the other insurance, Tommy? MR. TOMLINSON: In my mind, it was. I think -- I think that that's -- those are two entirely different fields., I don't know if you -- health insurance is so specialized that I don't know if you -- I don't know if you can really find anybody that was -- had that broad of base. I mean, as far as being able to handle P and C -- COMMISSIONER LETZ: Right. MR. TOMLINSON: -- effectively. And, then -- and also include a health insurance figure. COMMISSIONER LETZ: Larry, I think it was you that brought up another meeting about looking at our coverages, just to make sure it's exactly what we want. Are we going to do that? Or maybe it wasn't -- I thought we said -- COMMISSIONER GRIFFIN: That wasn't me. 29 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: I thought we said at one of the previous meetings to look at what our medical coverage is to the employees and see if that's exactly what we wanted. JUDGE HENNEKE: I think that's appropriate, but I think we're, once again, bumped up against a timeframe which doesn't allow us to do it before this renewal. It has to be ~' in effect. The expiration date is at the end of October. COMMISSIONER LETZ: That's something we can i certainly do at our next round with it, but I don't know that we've ever really changed it. That's how you -- to me, how I you make the change in dollars to the County, up or down, is based on what we're providing the employees. JUDGE HENNEKE: I agree. COMMISSIONER LETZ: Whether you, you know, increase i the deductible, decrease the deductible, or add some of these ~' i other options. '' JUDGE HENNEKE: What we might look to in the coming year is to get a -- really, an employee committee together, headed by our Treasurer and perhaps one member of the Court, but get two or three employees scattered throughout the County system to take a look at what we have and make recommendations as to what they would like to see, if any changes are necessary. COMMISSIONER LETZ: And work, maybe, with Mr. Finley as well, as to where we can make -- I mean, if we, you 30 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 know, went to -- stop loss to $30,000, versus $25,000, what that would do, or drop it, you know, instead of change it, where you make it up to them to get the big impact on the costs. All right. ~ JUDGE HENNEKE: The next item is Item No. 2, which i is consider and discuss approval of the Kerr County Budget for Fiscal Year 1999-2000. Y'all have a printout of the budget. You also have a summary sheet from Tommy, which reflects the -- the status of the budget on an overall basis. I~ I JUDGE HENNEKE: At this time, do you have anything k you want to give us in overview, Tommy? MR. TOMLINSON: Well, no. I just want to say -- COMMISSIONER GRIFFIN: Could I ask a procedural question? Do the general provisions get approved separately f or as part of the budget? JUDGE HENNEKE: Part of the budget. MR. TOMLINSON: Part of the budget. ~I COMMISSIONER GRIFFIN: Part of it. So, it just takes one approval? MR. TOMLINSON: One approval. COMMISSIONER GRIFFIN: Okay. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Did you have any questions on the general -- COMMISSIONER GRIFFIN: No. I just wondered if we 31 1 2 3 4 5 6 7 E 8 9~ 10 11 I' 12 13 14 15 `'~ 16 i 17 18 19 20 21 22 23 24 25 had to address that separately. JUDGE HENNEKE: We'll let Tommy make it -- MR. TOMLINSON: Well, first of all -- I mean, I wanted, you know, y'all to -- to review this -- the numbers carefully, because we're not perfect and we can -- we could have left something out, you know. COMMISSIONER GRIFFIN: I'm shocked. MR. TOMLINSON: You know, we make mistakes, and so in reviewing this many numbers, it's difficult to make sure i that -- that they're all exactly right. So, you know, I did want -- I do want you to do that between now and -- and when we adopt the budget. To the best of my knowledge, everything is there that we -- that we tentatively approved. The summary page reflects the total of the -- each fund. And, I don't -- I left it on my desk. The the tax revenue column is -- is as a result of the proposed tax rate on this sheet that I gave you, so -- and that -- and that also reflects the same -- the same tax rate as to last fiscal year. So, those tax revenue numbers are -- are a product of that rate. COMMISSIONER LETZ: Are we leaving the tax rate -- last year, it seems, we adjusted it; we took some from Road and Bridge and put it into General. Are we doing that again this year anywhere or -- MR. TOMLINSON: I left -- I assumed that we would; I left it as-is. I mean, that's still a consideration, if 32 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 you -- COMMISSIONER LETZ: So, there's -- MR. TOMLINSON: -- if you want to. ~, COMMISSIONER LETZ: Just divided the same way between those two? MR. TOMLINSON: Right, that's exactly what I did. The -- the nontax revenues, I looked at those numbers again through mid-August. They still -- they still look, to me, R that that's what -- that's close to what we're going to have. The expenditure column came -- came off of the budget that you have, with the resulting fund balance of three million, one for the general M and O tax funds, and a million, five in Road and Bridge. I think that's -- I think that's sufficient, in my mind. It's between three and four months' operating capital. Any questions about that? The -- one of the requirements of the -- legal i requirements is to include a summary of your debt to show the1 maturities and the rate and the debt -- and payment schedule of each debt that you have. That's -- that's in your -- that' will be in the budget. I have listed a -- made a schedule of and explained the capital and expenditures for each department telling what -- what each item is, and the amount that was budgeted for that item. And then Barbara has gone through the payroll system and has -- has included a position schedule off of each position and the level of that position 33 1 2 3 4 5 6 7 8 9 10 11 12 13 ~' 14 15 16 17 I 18 ' 19 20 21 22 23 24 25 and the amount paid for that position for every -- every position in the county. So, all that is also in the budget. ~I Now, I think that's -- besides the general provisions, that pretty much sums it up. COMMISSIONER LETZ: I have a question. And I'm looking at or comparing the same sheet done from last year, I guess. I don't know if it's -- it's a mid-year one or it's an original one. But, why is the estimated fund balance so much higher? I mean, during this year, the construction I should be paid off. It's like -- what I'm looking at, maybe,` is the total on the General Fund, or -- or the total -- MR. TOMLINSON: For the end of this year? COMMISSIONER LETZ: Well, end of this year versus the end of next year. To me, it should be going down, because of the -- ICI MR. TOMLINSON: Well, it did. COMMISSIONER LETZ: Well, what I'm looking at -- look at General Fund, 9/30/99, estimated balance of -- I guess this is before the bonds were put in. This would be last year's before we got the bond money, so it's $495,000. MR. TOMLINSON: Yeah, that was -- that's right. COMMISSIONER LETZ: The difference is -- but at the end of next year, is it going to be -- I mean, after we pay off the construction, is it still going to be $2.5 million as a fund balance? 34 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 MR. TOMLINSON: Well, no, it would be 3.1. COMMISSIONER LETZ: Well, 3.1. MR. TOMLINSON: Right. COMMISSIONER LETZ: That's after we've paid off all the construction? MR. TOMLINSON: Yes. COMMISSIONER LETZ: I'll have to get with you as to why these numbers are so different from last year and this year. MR. TOMLINSON: We can go through that. COMMISSIONER LETZ: I mean, it's double; I don't see why -- why it should change that much. MR. TOMLINSON: Well, we didn't have the bond proceeds at the beginning of '98-'99. COMMISSIONER LETZ: Right. But I'm looking at -- I guess what I'm looking at is before last year's. It shows a fund balance of $1.5 million on this sheet, which is from last year. I'll get with you later. MR. TOMLINSON: Okay. COMMISSIONER LETZ: As to why there's such a huge difference. JUDGE HENNEKE: Fortunately, in a positive way. COMMISSIONER LETZ: Well, that's true. But I'm still trying to figure out why. MR. TOMLINSON: Well, I'll have to admit that -- 35 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 that in revenue projections, I am -- I'm conservative, and I think we need to be conservative on the positive side, and so I -- I think we -- as far as nontax revenues, we've had a better year than -- than what we've projected in the budget. COMMISSIONER LETZ: On the settlement from the -- the tobacco, or the tobacco settlement money, it's put in for the coming-up year into the General? Or is it going into -- MR. TOMLINSON: It shows up in the General Fund, right, in the fund balance of the General Fund. COMMISSIONER LETZ: The General? MR. TOMLINSON: Yes. COMMISSIONER LETZ: Is it -- or do you know yet? Does that money have to be used in a certain fund, or can it be used anywhere? MR. TOMLINSON: Could be anywhere. COMMISSIONER LETZ: Okay. JUDGE HENNEKE: Any questions on any of the specifics? Any comments? MS. NEMEC: Judge, when are y'all going to set holidays? COMMISSIONER GRIFFIN: Say again? JUDGE HENNEKE: The holidays are in the General Provisions. MS. NEMEC: Okay. So, do I have those? JUDGE HENNEKE: They are just -- they are the same 36 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 holidays that we adopted last year at this time, adjusted fore the change in the year. MS. NEMEC: Okay. JUDGE HENNEKE: For instance, Christmas and New Years are on a Saturday this coming year, so the holiday would be the day before. It would be the 24th, in the case of Christmas, and the 30th -- or 31st in the case of New Years. But, otherwise, they are the identical holidays we have this year, simply adjusted for -- for one year later. And, I apologize for not getting those out earlier, but it kind of slipped up on me. I didn't realize until Friday that that was part of what I needed to do. MS. NEMEC: I know last year the Court wasn't too happy with some of us because we complained about some of the holidays after they were adopted, and they said we should have done it before, so we were going to have a chance to look at them this year. But, we still have that chance? JUDGE HENNEKE: Yeah. We're simply approving the budget today. MS. NEMEC: Right. Once it's -- JUDGE HENNEKE: We adopt it on the 13th of September. So -- MS. NEMEC: Okay. We'll have time to look at it. JUDGE HENNEKE: If anyone wants to take a closer look at that, we certainly welcome your input. 37 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 LETZ: While I'm looking at holidays, Veteran's Day is a Thursday holiday. Has it always been actually on the Veteran's Day? JUDGE HENNEKE: Federal holiday. Veteran's Day is actually on November 11th, whenever that is. MR. TOMLINSON: That's right. JUDGE HENNEKE: That's the only non-weekend holiday I think we have in this schedule -- or non-Monday holiday. COMMISSIONER LETZ: Monday or Friday. JUDGE HENNEKE: Monday or Friday, except for Thanksgiving. COMMISSIONER LETZ: Well, July 4th is a -- JUDGE HENNEKE: And July 4th. COMMISSIONER GRIFFIN: Could I back up just a second and ask a question? Did all of the nontax revenue fees that we've talked about at various times through budget workshops and all, have those all been adjusted? Like, for example, the Justice of the Peace fees and the -- I know the Sheriff had something -- there was some fee that was -- that we adjusted. MR. TOMLINSON: We -- COMMISSIONER GRIFFIN: That's all reflected on the revenue side? MR. TOMLINSON: As far as projections. COMMISSIONER GRIFFIN: Yeah, okay. 38 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 BALDWIN: Judge, I have one comment on our General Provisions. If you would -- I'm sure everyone's aware of this, but I just want to bring it up one more time and see if we can't get real clear in our minds how this works. In Section 2, line item transfers and budget amendments. I want to read that whole paragraph there, if you`d allow me, please. "No elected official or department head may expend funds or commit to expenditure of funds by purchase order from a budget line item unless there are sufficient funds available. If a budget amendment is necessary to provide sufficient funds to a line item, the amendment must be approved by the Commissioners Court PRIOR" -- big, bold letters, underlined -- '}PRIOR to an expenditure or execution of a purchase order. The elected official or department head must appear before the Commissioners Court and the agenda request must be supported by sufficient written documentation to support the transfer or amendment." Now, that's a -- this is a document that we're going to -- that we've already adopted, and we're going to vote to adopt again, and I take that kind of serious. And, the reason that these things -- these words were built-in there is to -- to encourage all of us to really pay attention to our budget as we're going through the year; that if we see that -- at any time, that we're going to go over budget, that 39 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 we need to sit down and talk about it. That's what's behind all of this, is we need to talk about it and see if we can't work out something instead of lust going out and purchasing items, and then good old Commissioners Court is going to come along and break the budget for us later on. Gentlemen, we vote on this and we adopt this document and, to me, that's very, very serious. So, if we're not going to live up to this, let's take this out. If we're going to live up to it, let's talk about it and get serious about it. COMMISSIONER LETZ: Commissioner, are you suggesting that we have at times approved things after it's been done? COMMISSIONER BALDWIN: Yeah. Well, I -- there's kind of a clue in there somewhere. MR. TOMLINSON: I'd like to add something -- something to that. Getting a purchasing person will eliminate a lot of those things. I mean, if that person and my office work together and -- and there's a focal point on -- on where the acquisitions are together, then that -- that person knows that there's not -- none of those line items we're purchasing will be -- COMMISSIONER LETZ: I don't think there's a problem in that area. I think it's going to conferences, then coming back for approval, and things of that nature, or other line items like that. I mean, if my memory -- I don't remember 40 1 2' 3' 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 too many cases where we buy mata_rials without having money in the budget. Usually we do other things without money in the budget. But, I think Commissioner Baldwin is correct. COMMISSIONER GRIFFIN: This one specifically refers to purchase orders, and if we want to include that we'd have to change the language, I think, the way I read it. JUDGE HENNEKE: No, it says -- COMMISSIONER GRIFFIN: Expend funds or commit the expenditure of funds by purchase order. JUDGE HENNEKE: Well, I think that's a term that -- basically, anything we buy is pursuant to a purchase order, whether it be services or widget. COMMISSIONER GRIFFIN: I would certainly hope that if we put in a purchasing agent system, that a lot of these problems go away, because I know the way it works in the State, for example, the purchasing agent has to certify that the funds are available when the purchase is made. And, if they're not there, it gets kicked back to the person who originally made the purchase order and you can't spend the money; you've got to come to the Court for an amendment. COMMISSIONER BALDWIN: The theory needs to stand or go, regardless of who's in charge and who's monitoring the thing. COMMISSIONER GRIFFIN: Sure. COMMISSIONER BALDWIN: That's my point. I don't 41 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 care whether we have a purchasing agent or Tommy's the guy or you're the guy. So, you know, whoever. It just needs to be done. We need to keep an eye on our budget. And, of course, as Jannett Reno would say, "The buck stops here." Of course, that doesn't mean anything to her, but it does -- it does to us. And -- JUDGE HENNEKE: Anyone have any specifics they want to ask about? COMMISSIONER BALDWIN: We're going to live by this? If we vote on this, I think that we need to get firm with it. COMMISSIONER LETZ: Specifically relating to what Tommy's talking about, or going back to some of the budget items, I mean, I would like to revisit some of the stuff in the wish list and a few others so we know what we're spending money on. JUDGE HENNEKE: Okay. Now's the time. COMMISSIONER LETZ: Okay. Two things. You know, looking at this, and looking at the reserve funds that -- for what we're spending, I would like to do some sort of a small tax decrease. We are -- I guess a couple of things. We had decided previously, before this Court -- this new Court came in, we were going to keep the money from the tobacco settlement aside for capital project-type of things, and we're not doing that; we're spending that money. And, I think that we're getting into a situation, in my mind, of 42 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 while we're relying on that in our operating budget, that we're basically going down the road and, you know, I guess, basically spending too much money. I think we have approved basically every request that has come in from every department; certainly, the majority of them. And, I just would like to at least put on the table giving a small tax reduction. I mean, it's a -- you know, we have been -- we're i fortunate this year. We have a lot of funds coming in from road growth and economy and building, and, you know, the reserve funds are still very strong. Tommy said we have, you ~ I know, three to four months' reserve. That's -- I'd just like to look at the -- I guess, where we're spending our money one', more time, especially on the wish list, I guess, as it's been termed, and see if there are some things that -- if we absolutely need all those, and if those are the right numbers on all these. You know, going down, some of these are increases and decreases. I'm just looking at the bottom page. This is the sheet that came from the Judge with the Judge's July 23rd memo. This is one I get called on all the time, on horse stalls. Are we going to do them or not? They need to know or they're going to sell them all. We have -- we're not doing them right now, as I see. JUDGE HENNEKE: At the last meeting, we added 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 $5,000 into the budget for COMMISSIONER LETZ: Chutes, stalls, and all that. But, I mean, is that all we're going to -- are we not going to buy the chutes? I don't see us doing any long-term planning with the Ag facility property, for one. You know, we've talked about a little bit of money out there, but, you know, we -- that is not enough money to accomplish what we have said we want to accomplish. $5,000 is not going to be enough to accomplish the chutes and stalls. Tables and chairs are elsewhere, so -- JUDGE HENNEKE: But, Jonathan, at the last meeting they said they were not willing to sell us the chutes. COMMISSIONER LETZ: No, they said that they -- at this time, they need direction from the Court. This Court needs to decide so we can make them an offer. JUDGE HENNEKE: No, that -- what was said at the last meeting was they didn't want to sell the chutes. COMMISSIONER LETZ: They said -- that's true, they said they would prefer not. But, Bill's and my comment was that we would prefer the County did. COMMISSIONER GRIFFIN: We can't buy them if they don't want to sell them, can we? COMMISSIONER LETZ: But we can't make an offer until I have the approval of the Court. We haven't offered them -- there's no money in the budget. 44 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 JUDGE HENNEKE: It was in the list. There was $10,000 in the list when we came together last time for chutes. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And when someone made the representation that the chutes weren't for sale, we took that $10,000 and turned it into $5,000 to buy stalls and $7,000 for volunteer fire departments. So, the money was there for '~ i the chutes and, under someone's representation, it was taken II out. You know, the money for the tables and chairs has I, always been in there. II COMMISSIONER LETZ: Right, I agree. JUDGE HENNEKE: And it is in there now. COMMISSIONER LETZ: Okay. Well, I mean, that's -- you know, if that's what we're going to do, fine. But, it's the -- the representation made by Bill and I when we were here -- at least, you know, he was at the meeting -- was that he would -- and I told the Livestock Association that we, the County, preferred to buy the chutes, but we don't have any money to do it. They said they would prefer not sell to them, and it was worked out that we could probably handle the purchase -- or their concern, which was to make sure the County kept them under a contract with the County, which, you know, is going to be worked anyway. JUDGE HENNEKE: Then I heard incorrectly, because 45 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what I heard at the last meeting was that the chutes were not for sale, and so we ought to use that $10,000 to buy some stalls and for volunteer fire departments. COMMISSIONER GRIFFIN: Can we back up just a j minute? I'm having trouble understanding what the purchase of chutes or stalls has to do with lowering the tax rate. COMMISSIONER LETZ: Well, I want to make sure that what we're spending money on in here is exactly what is a priority, because if there's -- if, you know, it's not a priority, I think we should lower the tax rate. COMMISSIONER GRIFFIN: So, you're saying we should cut out the chutes and stalls? Is that going -- COMMISSIONER LETZ: I'm just going through the priority list. I don't recall if we've ever really gone through this, you know, other than just looking at this list and, you know, saying that's it from a priority standpoint, and I think it's important. You know, we've gone through and looked at these, you know, but I don't recall the Court ever looking at, long-term, what are we going to do with the Ag Barn. Are we going to set aside money to try to do some construction out there? I don't recall us looking at some of these bigger projects, how we're going to pay for them down the road. JUDGE HENNEKE: That -- I recall us talking at the last meeting about one -- at the last meeting, about wanting 46 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 to do a long-range plan for the Ag facility. Also, if you'll go back and look at the Permanent Improvements out-year budget, I've put $50,000 in next year's budget for permanent improvements to the Ag facility, which would be based on, hopefully, a long-range plan that we would adopt in this fiscal year. But, what I did was I went out and established my marker for the Ag facility, $50,000 in permanent improvements for Budget Year 2000-2001, which was based on the supposition that we would do a long-term plan for the Ag facility this year. COMMISSIONER LETZ: Okay. I just wanted to -- I get calls all the time on this stuff, and people are trying -- you know, wondering what we're going to do. I say I can't answer it; we haven't done the budget yet. JUDGE HENNEKE: That's the way that I have it game-planned. I thought that's the way I'd laid it out, was that let's do the plan before we encumber the funds. But, I've established a marker of 550,000 for the next budget year to do permanent improvements at the Ag facility. COMMISSIONER LETZ: Okay. Well, then, I'll -- you know, we will -- I guess, in our mind -- or I guess when Bill and I visit with the Stock Show Association, we'll tell them to keep the chutes and we're not interested in them. JUDGE HENNEKE: But, see, there's the fact that, at the last meeting, someone -- and I don't remember who it was 97 I 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- said the r_hutes are not for sale. Let's take the money we had in the budget for chutes and use it for something else. Because if you go back and look at the last list we had, there was -- COMMISSIONER LETZ: Right. JUDGE HENNEKE: -- $10,000 for chutes. COMMISSIONER LETZ: Okay. But, I mean -- but that's a question I have, 'cause that -- JUDGE HENNEKE: Okay. COMMISSIONER LETZ: I don't think, you know, they -- the comment was made, they don't want to sell the chutes. But, the second part of that sentence was, we want to buy it and we think we can handle that through a contract. JUDGE HENNEKE: Okay. Well, that's the part that -- COMMISSIONER LETZ: But, anyway, the other part. And, there is a -- I guess, from a -- I don't hear anyone else on the Court saying anything; no one is interested in doing a tax reduction if possible. So, if I'm the only one, it's not going to go anywhere with that, anyway. I just think I would rather give some of the funds back rather than, you know, do everything on the wish list. JUDGE HENNEKE: Well -- COMMISSIONER GRIFFIN: We haven't done everything on the wish list. 48 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 JUDGE HENNEKE: There's $375,000 of things that i were requested that are not funded in the far right column. COMMISSIONER GRIFFIN: Philosophically, let me make a statement. I think that -- I think that what we're looking at here is what level of comfort on conservatism and planning' do you want to -- do you want to incorporate in our budget i process? For example, we have -- we see projected revenues that look very good, because the economy's strong, tax base is broadened, or at least increased in value. But, I -- I ~ know the interest rates went up a tick last -- or this month. They may go up a tick next month. i My question is that there probably is a day of reckoning.; i and, boom. And, I don't mind some conservatism. I would ~ rather end up with money in the bank at the end of the year that we give back, with the understanding that we -- we really can identify funds that we may not have to have to run the county. So, I -- to me, it's just a level of comfort on conservatism. And, I don't think that, with the reserves we're projecting right now and with the funding that we've done, that we have funded anything that shouldn't be funded, and we haven't projected too big a -- a balance at the end of the year. And, so, to me, it's -- this is a conservative approach. I like it. I would rather do that and then, when we know we've got enough money -- and I don't know what that is -- to lower tax 49 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 rates, then we do it at that point. But, I don't think now is the time to Lower tax rates. I would rather have a surplus in the funds that we can make that judgment on later. That's just a philosophical point of view, by the way, and if somebody can convince me otherwise, I always -- like I say, I'd like to see my taxes go down too, but I don't think this is the time to do it. COMMISSIONER BALDWIN: I don't think you ever reach that -- you ever reach that comfort level, because you don't ~ know that, you know, whether it's three months' operating funds that we're -- I've sat at this table and argued for 30 days over whether it should be four months or five months of operating funds. So, you don't -- you know, that's just III something that Tommy's landed on, and so I don't think you ever reach that comfort level of, "Gosh, we can give back to I' the community." But, you know, at some point -- I agree with Commissioner Letz, at some point in all of this -- I mean, things are pretty doggone nice, and we're taking pretty good care of our -- our employees, and things are going well in Kerr County, and -- and it would -- it would be nice to give something back to the community. I don't know if it's now or next year, though, either. I don't know when that time is. COMMISSIONER LETZ: It's never easy, never a good time to do it. I recognize that, but I think that just -- you know, we're doing a lot. And, I'm not talking about a 50 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 huge decrease; I just think it's a small -- I mean, you know, half a cent, a cent, something, like, in that area, you know. I think we have the money. And, that's just, you know, my feelings. JUDGE HENNEKE: I don't think anyone would argue with the concept of reducing taxes, and I'm optimistic we can do that in a year or two, because we are able to fund a substantial amount of services and improvements this year without a tax increase. And, as we look forward, some of those requirements will not be with us going forward for next year. The overrun on the annex is going to be, hopefully, a one-year shot, which will free up right at a quarter million dollars for tax relief on other government services. But, I think the bottom line is that we're charged with funding county government, and I don't think the level that this budget proposes is, in any way, shape, or form, extravagant. I'm sure I could go around the the room and ask people, and they'd find it a little bit underfunded, but that's probably the proper creative tension between us and our other elected officials and department heads. And, I think everyone has done a good job and come to a position of -- of a budget that I think we can all represent. COMMISSIONER BALDWIN: Judge, I do have a specific question, if you don't mind. It may be for one of these police officers back there that are radio nuts -- 51 1 2 I 3 4 51 61 7 I 8 9 10 11 12 13 14 15 16 17 18 ~' P 19 20 , 21 22 I 23 24 25 radio-minded people, excuse me. The way -- and the way I see it, are we putting $200,000 in the budget to start the upgrade on the S.O.'s radio system? JUDGE HENNEKE: We're actually putting in $150,000. COMMISSIONER BALDWIN: 150, three times? JUDGE HENNEKE: That's kind of what we looking at. COMMISSIONER BALDWIN: Kind of what we're planning, putting $150,000 a year. JUDGE HENNEKE: This is my number, and it's based on the fact that I believe $150,000 will fund what we have for this year. And, by the time we're done with that exercise, we'll know exactly what we need in future years. COMMISSIONER BALDWIN: I don't have any problem with the number. I understand it's probably -- could possibly be even more than that. JUDGE HENNEKE: Yes. COMMISSIONER BALDWIN: What I'm wondering is, what -- do y'all know what we're going to get with our money? Are we going to be able to communicate statewide? Will we be able to communicate with fire departments? Does anybody -- Charlie, do you or anybody know? DETECTIVE HICKS: I believe we -- if we go with Project 25, we'll have that capability. COMMISSIONER BALDWIN: Capability of what? DETECTIVE HICKS: To talk to fire departments. And 52 1 2 3 9 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D.P.S., which is, in my mind, the biggest thing, because they're a State agency. COMMISSIONER BALDWIN: And this $150,000 that we're putting in this year to head toward that, I mean, we're talking about Project 25, are we not? COMMISSIONER GRIFFIN: Yes. COMMISSIONER BALDWIN: Are we specifically moving in that -- COMMISSIONER GRIFFIN: Yes this is the -- COMMISSIONER LETZ: Yes. COMMISSIONER GRIFFIN: This is the real solution to the problem. And it's -- COMMISSIONER BALDWIN: Until next time. COMMISSIONER GRIFFIN: No, but it's a 3-year -- COMMISSIONER BALDWIN: Yeah, I understand. COMMISSIONER GRIFFIN: It's a 3-year deal. JUDGE HENNEKE: There's a rider in the current appropriations bill in the State which my recommendation is going to be that we follow, which says that all equipment purchased must be compatible with the standards which Project 25 is putting forward. And, I think it would be foolish for us to do anything different than that. COMMISSIONER BALDWIN: Oh, I'm -- yeah, I agree 100 percent. MR. ODOM: Does that include us, too? We have to 53 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 be compatible? COMMISSIONER BALDWIN: That's a good question. MR. ODOM: We're low frequency, they're high frequency. JUDGE HENNEKE: We're going to work towards everyone being, at least to a certain degree, able to communicate back and forth. We -- you know, the guy out on your truck out on the road may not need to be able to talk to j the Sheriff's Department, but you guys certainly do at a supervisory level. MR. ODOM: I need to talk to the S.O., anyway. JUDGE HENNEKE: So, that's part of the global ~ perspective, absolutely. COMMISSIONER LETZ: Two more specific comments. One, it's listed under the Maintenance Department clerk, a salary of $21,500. I was looking through that. That seems really high for a clerk. JUDGE HENNEKE: That's everything. MS. NEMEG: That's a 12-1. It's 12-1, $16,757. JUDGE HENNEKE: With alI the benefits. COMMISSIONER GRIFFIN: That's all the benefits and the FICA and -- JUDGE HENNEKE: And if that's high, then it will be adjusted, but that's what was represented. MR. TOMLINSON: It's in there as actual cost. 54 1 2 3 4 5 6 7 8 9 1.0 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 That's the way it's in the budget. COMMISSIONER LETZ: Okay. So, it's not just salary. Another question. The signs are under Special Projects in Road and Bridge? JUDGE HENNEKE: Correct. COMMISSIONER LETZ: That's just one I think we need to really hold off on. We need to put it in the budget right now, but remember, until after our Wednesday meeting, I still have a real question whether that's, to me, the best way to go, is changing all the names in the county of every county road. If we don't change every county road name, we won't need that money there. JUDGE HENNEKE: Certainly. COMMISSIONER LETZ: I still haven't understood why we need to do that. COMMISSIONER GRIFFIN: We have discussed -- or I've discussed with Mr. Odom and with 911 the possibility that next year, the only signage changes we might have to address are the duplicate names. That would be a relatively small number. COMMISSIONER LETZ: Right. I~ COMMISSIONER GRIFFIN: Of signs. We probably would want to do that even if there wasn't a 911 program. COMMISSIONER LETZ: Sure. COMMISSIONER GRIFFIN: And so that may be the only 55 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 hit for next year, but I think we need to leave this money in the budget for now. We can always, you know, not do that and spend a lot less money or maybe none of that particular pot, and I think we need to talk with 911. And, I'm still hoping that somewhere, somebody remembers that in this courtroom, more than one year ago, that somebody said that 911 was going to pay at least part of the signage cost. And, I haven't had time to go ask all the right questions yet on who said that. COMMISSIONER BALDWIN: Commissioner, I can remember that, if it's necessary. I have a great memory. COMMISSIONER GRIFFIN: We may need a little firmer reference than that. But, anyway -- COMMISSIONER BALDWIN: Okay. COMMISSIONER GRIFFIN: So, I think the comment's a good one, and maybe we'll get some clarification Wednesday night on this. But -- but, I think we will probably do less rather than more signage for next year's budget. JUDGE HENNEKE: Okay. MR. TOMLINSON: I'd like to say one thing about -- about fund balance, and it's something that sometimes is overlooked. We have -- there's people in the private sector that have purchased Kerr County debt based on -- based on a strong balance sheet and our ability to collect taxes, and I -- I think it's -- and because of our strength and the reserves, we got -- we always get a favorable rate. 56 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 COMMISSIONER GRIFFIN: Excellent point. MR. TOMLINSON: And, I think that it's our -- this Court's duty to maintain that balance sheet for that reason. JUDGE HENNEKE: I agree. COMMISSIONER LETZ: I agree with that. I -- my comments were if we can look at the -- the purchasing that we have built into the budget and find a way to cut some of that out and give a tax decrease, I'd be in favor of it. But, evidently, you know, there's not much interest in going through the budget again, so we won't do that. JUDGE HENNEKE: I have just a couple specific items, Tommy. On the County Judge budget, 105, we have a State supplement of $15,000. That's $10,000. And, I find the $2,500 for Lions Park out in Center Point included in -- under County-sponsored activities, Line 427, and also in Parks, under 487. COMMISSIONER GRIFFIN: Do you have a page reference on that? JUDGE HENNEKE: Page 58 and 104. I want to make sure that it's clear that that's only one $2,500. MR. TOMLINSON: It's in there twice? JUDGE HENNEKE: Yes, it's in there twice. And, the other thing is, I'm sure it's in here, but I didn't find it in my review. I wanted to make sure that we had the six lease cars for the Sheriff's Department. I'm not sure where 57 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that would be. MR. TOMLINSON: Yes, they are. JUDGE HENNEKE: Good. I just didn't find them. I know it's in here. MR. TOMLINSON: They are. JUDGE HENNEKE: Those are the specifics that I had in my review of the numbers, compared to the numbers that were from earlier. COMMISSIONER GRIFFIN: What should that number be under, the Lions Park? JUDGE HENNEKE: Should be under Parks. COMMISSIONER GRIFFIN: Yeah, that's what it sounds like, it should be under Parks. MR. TOMLINSON: I don't know why I got it in two places, but -- JUDGE HENNEKE: Take it out of the County-sponsored) and put it in Parks would be my -- my belief. COMMISSIONER GRIFFIN: Yeah, Parks. COMMISSIONER LETZ: On the elected officials' salary, do I have that sheet in here? MR. TOMLINSON: No, there's -- I didn't -- I didn't include that. It shows what -- what each elected official's salary is in the schedule, but it doesn't show what the increase is. JUDGE HENNEKE: It is reflected in the numbers. 58 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 COMMISSIONER LETZ: It's in the numbers. COMMISSIONER GRIFFIN: It's in the numbers. COMMISSIONER LETZ: My question goes back to -- I hate to pick on the Judge, but it's the Judge's salary a little bit. I understand -- and I think part of this is trying to reconcile that the State is now paying a good portion -- or $10,000 -- not a good portion, but $10,000 of your salary, and that we should really look at that, whether to adjust his salary from the County or not. You know, to me, you should. And, I'm lust -- you know. I think that your salary is approaching $50,000 when you include that supplement on top of the County salary, which is -- is fine as a total salary, but I don't know why we should isolate the two. I think we should look at your salary combined, since '~ that's how you get paid. JUDGE HENNEKE: I don't have a problem with that. I'm not trying to hide at all. MS. NEMEC: It says it on the position schedule. COMMISSIONER LETZ: Right. If the policy increases it under the feeling that the Judge needs to be the highest paid of the elected officials, for the most part -- JUDGE HENNEKE: With several exceptions. COMMISSIONER LETZ: Well, yeah. But, I mean, the County Attorney's an exception, because he also has a State supplement; his salary is pretty much dictated a lot by the 59 1 I State. 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: And County Court at Law. COMMISSIONER LETZ: Well, right. Anyway, I just -- you know, just wanted to make sure that you want to be paid that much. I mean, it's a large increase, the two of them combined, in my mind. JUDGE HENNEKE: That's true. As the Judge -- COMMISSIONER GRIFFIN: It's still probably a significant percentage below like jobs and responsibilities in the private sector and other areas of government. COMMISSIONER LETZ: What this -- MR. TOMLINSON: It's likely that could be said of every elected official in the county. COMMISSIONER GRIFFIN: I think that's true. JUDGE HENNEKE: That's why we plan to take a good top-down look at that in the coming year. I'm glad Judge Sagebiel did it first. He caught more of the heat than we will. COMMISSIONER BALDWIN: Yeah. JUDGE HENNEKE: Any further questions or comments? COMMISSIONER BALDWIN: Judge, I have one more comment. We have a distinguished gentleman in our audience, Dr. Morgan, former County Commissioner in Precinct 1. And, I remember, years ago, Dr. Morgan and I were working on the library budget together, and we tried in our minds and worked 60 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 and worked and worked, tried to figure out a way to put a cap on the County's share. And, at that time the County's share was $190,000, if I remember correctly. And, we worked and worked to try to put a cap on it. Commissioner, it has gone to $354,000 in that short period of time. So, you have a nice time out there, and if you can figure out how to cap this thing, please come back. That's all. MS. PIEPER: Judge, when y'all approve the budget, the Court needs to set a fixed price in case some -- the public wants to purchase a copy of it from our office. JUDGE HENNEKE: What's been our history of that? COMMISSIONER BALDWIN: $1,200. JUDGE HENNEKE: Is that a motion, Commissioner Baldwin? MS. PIEPER: I don't know about the fixed price. I'm supposed to charge a dollar per page, and when it's this thick and I say that to somebody, they're going to faint. JUDGE HENNEKE: What have we done before, $25 or $10, or -- do you recall, Jonathan? COMMISSIONER LETZ: I don't recall. JUDGE HENNEKE: Anybody recall? MS. PIEPER: Five. COMMISSIONER LETZ: Five or ten. JUDGE HENNEKE: I'd say $10. (Discussion off the record.) 61 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 MS. PIEPER: But, it would be best if y'all set a fixed price on the book, and then maybe a price per page in case somebody wanted to come in and get just a couple of pages. JUDGE HENNEKE: Okay. COMMISSIONER BALDWIN: Yeah, that would be good. JUDGE HENNEKE: $10 for the whole thing, and $1 a page for anyone who wants just a few pages. COMMISSIONER BALDWIN: I agree with that. JUDGE HENNEKE: Okay. I think we're at the stage -- Mr. Motley? MR. MOTLEY: Yeah. Is this open -- I guess this meeting is preparatory to another meeting where we're going to talk about different requested items and different department budgets? Or -- I mean, is there going to be another meeting? JUDGE HENNEKE: No, this is it. MR. MOTLEY: Well, are the revenue figures that we were awaiting, are they in? Do we know what the figures are, the official figures? JUDGE HENNEKE: Yes. MR. TOMLINSON: Yes. MR. MOTLEY: Well, I'm not real sure where I stand in my particular department about my requests. I don't know that I know. 62 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: Well, the Court did not see -- chose not to fund the additional position, if that's what you're asking for or asking about. MR. MOTLEY: And is there an opportunity to discuss that at this point? Or -- JUDGE HENNEKE: We can discuss that at this point. Or we have -- have to actually, formally adopt the budget, which we'll do September 13th, and at that time, according to Tommy, we can amend our approval, our budget as approved, if we need to. But, this is -- COMMISSIONER LETZ: This is the time. JUDGE HENNEKE: This is the time. MR. MOTLEY: I really, I guess, repeat what I've already said to the Court about, you know, my perceived need for the position in our office. And, I know we've made it a -- if not annual, a nearly annual request, every year, every budget hearing. I mean, and we are experiencing very substantial increases in case load or types of cases heard. And, as I said, it was, I believe, a 79 percent increase total in the things we do since 19 -- well, over the last seven fiscal years. And, it was at some point during, I believe, December of '95, we lost, you know, a third of our attorney staff. And, this year, with the regular session of Legislature, there are many new responsibilities that are being placed on 63 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 our office, and there are new responsibilities placed on the office outside of this legislative action, but a number of new offenses. We are now, by law, required to do civil representation of the U.G.R.A. and their civil enforcement actions, as well as there's a requirement under Open Records for us to have civil responsibility on cases. There is -- as I've said, the increases overall are, you know, somewhere around 9 and 10 percent a year, if you average them out. I don't see any changes in that; we're growing about 9 percent per year. And, this is an item that I have come to the Court perennially about, and I really feel like the need for another assistant is there in our office. And, I -- maybe the way to approach it might be to ask of the Commissioners if they have any questions of me, or something about -- perhaps you have a doubt about the need for it, and I can answer those questions, because -- well, it's -- COMMISSIONER BALDWIN: David, I've always felt like that if -- if your office -- and I've said this to you and I've said this in open court. If your office handled, like, -- hold on, I got a cramp, sorry -- handled the civil work that we create, man, I'm all in favor of you having another person there. I just -- and, to be honest with you, I simply -- I mean, nobody here -- well, Fred might understand what y'all do, but, I mean, how in the world are we supposed to know what do you? There's no way we can know what you do. 69 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 But, I do know that -- I know that we pay out a lot of money to another attorney to handle all of our civil work, and I think, personally, that you're the office that needs to be -- want to be doing that. MR. MOTLEY: We really had no -- we really had no part in the decision -- COMMISSIONER BALDWIN: I understand. I'm not -- MR. MOTLEY: -- to handle it the other way. JUDGE HENNEKE: We're not throwing rocks, anyway. MR. MOTLEY: No, I'm just telling you that that was not part -- that's where we lost that third attorney, but we didn't have any part in that. No real consulting about it. Just that's the way it was going to be done. And -- COMMISSIONER BALDWIN: Well, I don't know about it; I wasn't here on that, either. MR. MOTLEY: But, let me explain that. I think that the position is merited by workload, regardless of whether that work is done. In that position, the workload, as I estimated in the Commissioners Court, is not a full-time position amount of work. So, I mean I think it's there. The last time we had somebody doing work, they spent about a third to 90 percent of their time on Commissioners Court work, and so that left us 60 percent more of an attorney to do other general things. And, when we lost the whole attorney and the money for the whole attorney, we lost more 65 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 didn't just lose the civil representation that the Commissioners Court Lost; we lost the rest of that attorney and the other duties that they fulfilled in our office. And, it's been a hard hit for us to absorb. And, I just don't see anything other than more increases in work and such on the horizon. There are 31 new misdemeanors this year that we will now have. There are a lot of -- you know, I guess you'd kind of call them -- well, I don't know what to call them, other than they're just more responsibilities. The Child Protective people -- most counties in the state are represented by either a County Attorney or a District Attorney. We are one of few areas where they do not do that. Well, they are seeking at this time to bring us into sort of compliance with the other areas and get us to be doing the child termination cases. These are not like D.W.I. things; these are high-level litigation, thick files, a lot of work, a lot of time spent doing them. That's not yet come to pass, but I'm just saying that it's -- it's on the horizon. And, if we try to plan our expenditures and do the 3-year plan, and we know our postage is going up .22 a stamp and all that stuff, I don't see why it is that we can't look at the increase that we have seen in case load and workload in our office and try to respond to it, because we have -- we've gone down 33 percent in our attorney representation and 66 1 2 3 4 5 ~~ 6 I' 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 our workload or our ability to work in our office, while the work and the type of work and the variety of work is increasing very regularly. And, there comes a point where I -- you know, I don't know exactly what we're going to do about it. This year, the Legislature has mandated that we appear in each and every session of justice court. We have tried to do that in the past. We did regularly do it when we had a third attorney, and we tried to do it on an as-needed basis when we lost that attorney. Now we're going to be required to be in a courtroom whenever they have court. As a matter of fact, it is illegal for a J.P. to conduct a case on their own without an attorney there. So, that's another change in law, and somebody's going to have to be there. And, for us to not consider that and not respond to it, to me, is not being -- I don't know, I don't think we're being realistic as far as what we're being asked to do with what we have at this point. And, I really feel like there is meritorious argument for the third attorney at this time. I feel like I have asked for it, as I said, in the past, you know, virtually every year. I have copies of my old memos and things like that, and I've asked for it, and it's -- we had a third attorney since 1988. We had one for six years and then lost that position in '95, and the workload has done nothing but 67 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 increase. If there's any among you that have any question or can, you know, ask something of me that might clear up something in your mind that's holding you back from this specific expenditure, rather than just a general desire to keep the budget down -- and I understand that, but if there's something specific about this that is lacking in your information, if you ask me, I will be, you know, happy to try to answer you. COMMISSIONER BALDWIN: David, would you take all the Commissioners Court civil work and -- and answer opinion -- give us opinions and all? MR. MOTLEY: Well, you know, that's part of what I ~ do anyway. COMMISSIONER BALDWIN: Yeah, some, but not the civil stuff. MR. MOTLEY: No. COMMISSIONER BALDWIN: Just -- I'm going to say it again. If your office was willing to do that, I'm in favor of it. That's all I'm saying. We've had this conversation, and you -- MR. MOTLEY: We've done this -- COMMISSIONER BALDWIN: -- you really haven't answered that. MR. MOTLEY: We've done it in the past. We've done it in the past. 68 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 BALDWIN: I know you have in the past. MR. MOTLEY: Although, on the civil work, our office technically would be able to charge extra fees for doing the work, we've never charged any money. We've never lost any case. We've never had anything but a good result, and you can check that if you want to. We've -- you know, we haven't had any bad results. I'm not sitting here telling you that in high-level, complex litigation or something that's specialized, that we don't recommend outside counsel, because we obviously do if we're not able to do anything that might come along. But, for most routine legal work -- and we have handled it in the past and, I think, really did a good job. As far as the opinions that we've rendered to the elected officials and department heads, that's required by the Constitution, and I believe we've endeavored to do that, and as -- you know, as quickly as we can. But, part of our problem, again, is that they may not be as timely as the Commissioners Court would like to receive them, but it's -- often there are other things that are just more pressing than -- than that at the moment; we just have other things we have to do. So, that's a factor in having somewhat of a delayed response on those items that we are doing and have continued to do. COMMISSIONER GRIFFIN: David, when does that new 69 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 mandate for covering the justice courts go into effect? Is that September lst? MR. MOTLEY: Tomorrow. COMMISSIONER GRIFFIN: September the 1st? MR. MOTLEY: Yeah, tomorrow. And, I also want to mention one other thing that I think might be an important factor, at least for this year. The individual that I'm considering for the position is somebody who is not currently licensed, will not receive a law license until probably April or May, meaning that the figures that I've estimated for that whole package would be 50 percent reduced because that person would not be drawing that sort of salary unless and until they become licensed. So, although it appears on the budget as, I don't know, $45,000 or $93,000, whatever it is, in actuality for this '99-2000 fiscal year, it would be approximately half that. And, again, I don't know if that makes -- of course, that also begs the question, what would it be in 2000-2001? You'd be asking for that -- we'd be asking for that full deal. But, as far as this year, it's approximately half that, about -- I put a pencil to it here a minute ago -- about $21,000 and something. So, it -- I don't know that that's anything that could possibly make a difference, but I really feel that this is something that we need and have needed. I'm an active member of the District and County 70 1 2' 3 i 9' 5i 6 7' 8 9 ~: 10 11 12 ~I 13 11 14 15 16 17 18 !. I9 20 21 22 23 24 25 Attorney's Association, and I look at other offices of my size and smaller. And, staff-wise, I think the case load all the way around merits it. So, I -- again, I would -- I think if we cut that line item to about $21,612.50, assuming that the FICA and retirement are, you know, uniform and will be consistent if this salary were half a year. But, anyway, I do -- I would like to answer questions, or if you have concerns about it, as I said, specifically related to this and not to an overall desire to keep the budget in line -- I share that with you. But, as far as this particular deal, if you have questions, I'd like to answer them to you -- or for you, because it sounds like I think this is going to be my last opportunity to do this. COMMISSIONER LETZ: David, I guess I'll go back to Buster's -- I'm not sure I heard an answer. If you got another person, would you be willing to take on all the Commissioners Court civil work that's currently going to Tom Pollard? MR. MOTLEY: You know, let me -- yeah, but let me answer it this way. We did it before. We did it. COMMISSIONER LETZ: I know you did it before, but I'm already -- I don't know whatever happened on another court before I was around, and then you didn't do it. MR. MOTLEY: Well, let me explain. We did -- y'al] didn't quit having us do the work because we quit doing it. 71 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 We quit doing the work because y'all decided -- some of you, the predecessor court, decided somebody else could do it and thought there would be a savings. JUDGE HENNEKE: We're not concerned with what happened four years ago. MR. MOTLEY: Well, I'm trying -- JUDGE HENNEKE: The question that's been put directly is, if you got the third position, would you take over all the work that's now going to Tom Pollard? And, to my knowledge, you've never answered that question. MR. MOTLEY: Well, I said yes just a moment ago. Yes, I have no problem with that. JUDGE HENNEKE: Okay. MR. MOTLEY: And, I don't -- I don't understand why there's any mystery about it, because we did 100 percent of it before. JUDGE HENNEKE: Well, that was before, David, and the question has been asked of you several times. MR. MOTLEY: Mm-hmm. JUDGE HENNEKE: And, until 45 seconds ago, we've never -- I have never heard a yes or a no. MR. MOTLEY: Well, there has not been much in the way of discussion about this possibility, about us doing the work. My assumption is that the Court's happy with the arrangement they have. I'm not trying to beat somebody out 72 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 of_ their work or whatever it is they're doing. I want the Court to be pleased. What I was trying to say was that, regardless of whether we did this civil work for the Commissioners Court, we have a gaping hole in our ability to do the work that we are doing. We will do the work and we ~' have no problem doing the work. We had no problem doing it before. And, I tell you, if you'll check, I think you'll see what I'm saying is correct. The cases were handled well. There was no -- I don't think anybody can come up with any case that we ever handled, and charged zero fee for, where the County was not successful in their position. That's all I'm saying. So, yes, we're going to do it, but I'm telling you that I feel the need is there, regardless of whether the Commissioners Court chooses to continue with the arrangement they have with their outside counsel. COMMISSIONER LETZ: I guess -- I mean, I was looking to see if what we currently have budgeted -- I think it's $25,000 for professional services, and that pretty much is Tom Pollard, is it not? JUDGE HENNEKE: Yes, for the most part. COMMISSIONER LETZ: We don't have any other things to come out of that item. You know, I don't have -- I don't know why the arrangement ended up the way it is. I do know in the past few years we've had a tremendous amount of civil litigation, and it probably worked very well to have outside 73 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 help, because I don't think the County Attorney's office could have handled the amount of detailed work that we were doing for -- because of the major lawsuits we had pending. But, I have no objection of -- as long as there's an assurance that we get timely responses from the County Attorney of what Commissioner Baldwin suggested, of switching our civil work to the County Attorney's office again and providing an attorney for that. The dollars -- there's a switch there, really, of -- you know, and if that person, then, when there was some -- you know, I guess he could certainly be used by the County Attorney for any purpose he needs, as long as we get our requirements fulfilled timely; that's my only concern. Doesn't make any difference to me whether we have a contract out or use the County Attorney's office to get that done. JUDGE HENNEKE: Well, we have to understand that this essential switch you're talking about from one budget to the other would be for this year only, and after that it would go up. Once the gentleman was licensed, his salary would have to go up. COMMISSIONER LETZ: Correct. COMMISSIONER GRIFFIN: I think this -- you know, I'm -- I was not aware of this mandate from the Legislature about covering justice courts, the County Attorneys presence. And that, to me, seems to be a significant driver 74 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 at times, because you've got to -- the justice courts have to meet, and covering four justice courts with -- well, you can probably do it with three people easy enough if you had to. Covering the four justice courts in three different places, it seems to me there's a good chance that two is -- is a little slim. JUDGE HENNEKE: Well, let me ask, is it your intent that none of your attorneys in your office have any outside practice? MR. MOTLEY: Can you repeat that, please? JUDGE HENNEKE: Would it be your intent that none of the attorneys in your office would have any outside practice, then? MR. MOTLEY: No, not necessarily, it wouldn't. I would not want them to have an outside practice that interfered with the time requirements it took to do their job, and I would not want them to have an outside practice which interfered ethically with any aspect of their job. But, if -- maybe what you're asking is what sort of outside practice is there now, and I can say there's just practically none. My understanding is there's no -- nothing in the Personnel Policy that would prohibit it, but the lawyers would have to live up to what ethical -- live up to whatever ethical standards there are, as far as creating a conflict of interest, which is one of the prohibiting factors for 75 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 somebody having an outside practice. JUDGE HENNEKE: Well, I understand that, but one of the things I would want to have assurance on is that the extra attorney would not be -- not necessarily structured, but one effect of the extra attorney would not be to free up MR. MOTLEY: No. JUDGE HENNEKE: -- either the existing attorneys or the new attorney to increase or -- or have a private practice which would impact on the time -- MR. MOTLEY: Well, I appreciate that JUDGE HENNEKE: -- of the County. MR. MOTLEY: I'm sure I share that concern. JUDGE HENNEKE: To me, someone who takes the job as an attorney -- full-time attorney with the County needs to give the County the first crack at their services repeatedly, constantly. And, I say that as one who's in the practice of winding down and doing away with my private practice, because its time demand is such that -- the competition is such that you cannot maintain an outside practice and give the County's work the attention that it deserves. MR. MOTLEY: I'll tell you that there's never been a problem allocating all the time the County had. Me personally, I've been in this position for 10 years and I have had no outside practice. I've drafted wills for family 76 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 members and I've drafted a single legal document for somebody and didn't even charge them for it, so that's the sum total of what I've done outside of the court -- outside of my office in 10 years. When you say "outside practice," I'm talking about -- you might be referring to, as you're saying, you have a regular place where you're going and trying to wind down practice and such as that. Outside practice, in our situation, might be assisting on a case here and there. But, I -- JUDGE HENNEKE: Well, but assisting on a case here and there, I mean, you can't assist on a case and not be available to do one of the dockets. MR. MOTLEY: No, absolutely not. Absolutely not. And, I don't think there's anything like that that has happened. That would be contrary to my wishes in the office, as well. We're not having problems that I'm concerned about with people devoting adequate and full time to the County; that's not a problem. The problem is sort of on the other end of the deal, is that people are putting in overtime and weekend time and nighttime and late time to try and get by with the duties that we have now. JUDGE HENNEKE: What's the wish of the Court? COMMISSIONER GRIFFIN: I think with the -- with the understanding that the civil work comes back under the County's direct responsibility in the County Attorney's 77 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 office is enough to convince me that we ought to go ahead and add another -- the other attorney at the budget numbers we just discussed for this year, with the understanding that it will go up the following year. But, you know, we'll have to review that. JUDGE HENNEKE: Well, is it your suggestion -- COMMISSIONER GRIFFIN: We do that in every department every year, anyway. JUDGE HENNEKE: Is it your suggestion we offset what we have in Professional Services? COMMISSIONER GRIFFIN: Yes. JUDGE HENNEKE: We have to be careful with that, because we have an ongoing lawsuit. COMMISSIONER BALDWIN: Yeah. JUDGE HENNEKE: Which we don't know where we're going with that one at this point. COMMISSIONER GRIFFIN: Right. MR. MOTLEY: Let me also mention, again, that as far as this third attorney, prospectively, as far as us assuming control of this department or whatever there -- this litigation or whatever it is you're talking about in Commissioners Court work -- JUDGE HENNEKE: We would not switch you. MR. MOTLEY: No, what I'm saying is that we're not II' in a position to be running with three attorneys until this 7a 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 other individual receives confirmation of a successful Bar Exam and is sworn in. He is functioning -- JUDGE HENNEKE: Then you're not really talking about anyone until next June. MR. MOTLEY: My understanding is that -- JUDGE HENNEKE: When does he take it? Will he take the February Bar? MR. MOTLEY: He will expect results -- JUDGE HENNEKE: When will he take the Bar? MR. MOTLEY: The first one after he graduates in December. JUDGE HENNEKE: So, he'll take the February Bar, which means he'll be licensed in May. MR. MOTLEY: That's what I was saying, about April or May is my estimate, so about a half a year. JUDGE HENNEKE: So, June is when he'll be -- MR. MOTLEY: That may be. JUDGE HENNEKE: -- be licensed. I took the February Bar. MR. MOTLEY: That's just -- it's just my -- and this was just my guess; I'm saying approximately a half year. JUDGE HENNEKE: Third of the year. June, July, August, September. We're talking about a third of the year. MR. MOTLEY: Okay. Well, if that's when it happens, that would be a third. Anyway, I will tell you that 79 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 just feel like the need is there. COMMISSIONER GRIFFIN: What if we did this, Judge? What if we -- can we -- can we fund that one-third or whatever it turns out to be in the budget for this year, leave the -- leave the outside coverage just as it is, and with the understanding that that's -- that the following year, the outside coverage would be covered, and we would hope that it would be settled by then. We'd have to look at that, of course, but my -- my thinking would be that the following year, then, there would be no outside coverage and that we would expect the County Attorney's office to handle all of our -- our legal work. JUDGE HENNEKE: So, you're talking about adding $14,000 to the County Attorney's budget for this year, which is approximately a third of what he requested? COMMISSIONER GRIFFIN: Right. JUDGE HENNEKE: On a full-year basis. COMMISSIONER GRIFFIN: Can we handle that -- JUDGE HENNEKE: With the understanding that all the Court's civil work would come in in the following budget year. COMMISSIONER GRIFFIN: Yes. JUDGE HENNEKE: And that anything further would have to be -- understanding that if anything significant came in in the interim, then it would go to the County Attorney, 80 1 2 3 4 5 6 7 a! 9 10 11 12 13 19 15 16 17 18 19 ZO 21 22 23 24 25 I because we don't want to get in a position again where we've got someone outside working on something significant and we can't switch. COMMISSIONER GRIFFIN: Right. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: That's close. I'm concerned about having enough money to -- in case something else happened, to go outside. JUDGE HENNEKE: Well, we've got -- COMMISSIONER GRIFFIN: But we're not changing that for -- JUDGE HENNEKE: In the coming year, we're okay. COMMISSIONER BALDWIN: I understand. We're not lowering it. JUDGE HENNEKE: I understand that. COMMISSIONER BALDWIN: And, we probably -- that particular lawsuit, I understand, we need to make kind of some decisions on that, anyway. JUDGE HENNEKE: We're going to have that on the agenda. I'm going to look at how long the agenda is for the 13th, and if we don't mind staying -- COMMISSIONER BALDWIN: We're probably going to know from that kind of where we are. COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: Okay. Yeah, cool. 81 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 LETZ: But any new litigation that's started would go to the County Attorney this year? COMMISSIONER GRIFFIN: This coming year. JUDGE HENNEKE: Because we don't want to be in a transition. COMMISSIONER LETZ: Right. MR. MOTLEY: I think we can accommodate that. COMMISSIONER BALDWIN: You think we can, David? We need to know. JUDGE HENNEKE: Well, I think what I might suggest we do is -- I mean, if it's the decision of the Court to go ~~ ahead and add that 514,000 to the County Attorney's budget, but ask the County Attorney to give us a written -- perhaps a written plan by the 13th? MR. MOTLEY: Written plan by what day? I'm sorry. JUDGE HENNEKE: September 13th. MR. MOTLEY: And when you say "written plan," you're talking about how things will be shifted from -- JUDGE HENNEKE: We want the benefit of your thoughts on how, basically, you're going to take over the civil work in the -- not necessarily to the extent you can inl I the coming year, but certainly in the following fiscal year, !, when you have this individual full-time, that all the civil work will be handled. So, with that, we should have no II i outside legal expenses except for extraordinary events, such 82 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 as a major lawsuit, which we need to go outside for. I'd like to have some -- COMMISSIONER GRIFFIN: I would say -- JUDGE HENNEKE: -- assurances there as to responsiveness and timeframe, because it's going to involve contract reviews. I mean, right now, when the construction contract came in -- well, that was actually for Recor, but when the construction contract -- when the contract came for in for Leonard's Caterpillar, it required approval by the County's attorney, which is something we sent to Mr. Pollard to do because it was a civil matter. We need to know we're going to have a responsiveness level to that. And I'm not saying you wouldn't do it, but I'm lust saying I want you to think about it, because that's one of the additions. COMMISSIONER GRIFFIN: David, if I might interject, I think what we're talking about is -- because I think it would help all of us on the Court, too, particularly those of us who are not in the legal profession, just to sort of have an idea of what I would call your "work plan." In other words, how you would break up amongst the staff who does what, how you cover it, or extraordinary things, if something pops up. I don't even know what those might be, a hearing at the hospital or something. Just sort of how do you -- it's a general work plan, because I don't understand -- I can intuitively understand some functions of the County 83 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 government, but when I get to the legal side, it's a little out of my expertise. So, I'm just saying -- MR. MOTLEY: Sure, that would be fine. COMMISSIONER GRIFFIN: Who, what, when, and how you're going to transition that over the next couple of years. MR. MOTLEY: I think we can do that. (Discussion off the record.) JUDGE HENNEKE: Okay, we'll come back at 11 o'clock. Kathy needs a break, so we'll take a break. {Recess taken from 10:50 to 11:00 A.M.) JUDGE HENNEKE: Court will now resume session. It's 11 o'clock on Monday, August 30th. When we adjourned, I believe Mr. Odom had his hand up. I don't know if that was to ask for a recess or -- MR. ODOM: That was one of them. I talked to -- I thought Commissioner Griffin was going to beat me, but I -- I think part of the questions I really had were answered while we were on break there, and part of them had to do with Capital Outlays and the timing of this. Can I assume that I would go with Capital Outlays at this point just like I regularly have without this Purchasing Agent situation? JUDGE HENNEKE: Yes. MR. ODOM: Because part of this -- I need to make 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 the orders, acid I've got 30 days. I need to put this order in for those trucks and use -- and we'll go by State purchasing, so that's the best bid we can get. Same thing Austin gets. JUDGE HENNEKE: That takes us out of competitive bidding requirement. I might ask you to check with Houston/ Galveston area government -- MR. ODOM: Pardon? JUDGE HENNEKE: You might check with Houston/ Galveston area of governments, see what they can do. So, I -- Jonathan? COMMISSIONER LETZ: Just a comment. I mean, wherever you get them the cheapest. I know Leonard usually uses State purchasing and gets them amazingly cheap. COMMISSIONER GRIFFIN: I suspect once we get the purchasing process set up, that that one area, particularly Capital Outlay, of equipment like you use probably won't change much, 'cause that purchasing agent's going to go the same people exactly. MR. ODOM: Well, I do have some reservations, let's say, not from the purchasing agent situation, but on our daily operations and how we go about doing this, for maintenance particularly, with the purchasing agent. So, there are some questions I would like to be able to address to the Court for your consideration. 85 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 MR. JOHNSTON: Parts. MR. ODOM: Parts. JUDGE HENNEKE: When we get to the point where we're setting up the department, we'll have a full series of meetings as to how it's going to work. I mean, what the Purchasing Department does on something like that will basically be to go out and -- and acquire the contract. COMMISSIONER GRIFFIN: Yeah. Once the contract's written, they don't interfere with your making buys and all of that. It's just -- MR. ODOM: Sure. You're saying the percentage off of that . JUDGE HENNEKE: Oh, they will make the buys for you. It's like we explained to the other elected officials on their office supplies. The Purchasing Department's responsible for making those buys under the contract that has been signed, so they'll handle your department unless there's unusual circumstances. And we're also -- we're around. So, we're looking at putting it in place by this time next near to try tc~ give us four, five, maybe six monthss to get all the bugs worked out before it becomes effective. MR. ODOM: And I'm sure there will be some things we have to work out about the time. I don't show a profit; I show it by time. And, delayed time, just for a little part to get out, means that I've got man hours I've lost, so -- I 86 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 only have 3-man crews. JUDGE HENNEKE: We understand. MR. ODOM: Those are the things I wish you to consider when we do talk about that. COMMISSIONER LETZ: It's going to take a lot of effort -- MR. ODOM: I think it's a good concept. JUDGE HENNEKE: Thank you. COMMISSIONER LETZ: -- on this. And, Leonard asked me, and I think I told him correctly. Everything on the Capital Outlay, with the exception of this wish list stuff, was approved, correct? JUDGE HENNEKE: Correct. COMMISSIONER LETZ: Was in the budget. JUDGE HENNEKE: Correct. And you could be -- well, that's good. .-. COMMISSIONER LETZ: That's what I recall. JUDGE HENNEKE: Unless there is any further discussion at this time, I think we're at a point where we would entertain a motion to approve the budget, with the additional $14,000 for the County Attorney and the $50,000 for quarterly insurance, set a price of $10 for the full budget with the County Clerk's office, and $1 a page for whoever wishes to purchase less than the full package. COMMISSIONER LETZ: On the -- going back to the 87 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 County Attorney COMMISSIONER GRIFFIN: And the General Provisions are included the that. JUDGE HENNEKE: And the General Provisions, Capital Outlays, and the Employees' schedule. COMMISSIONER LETZ: Going back to the County Attorney and the civil attorney, do we need to keep the $25,000 in Professional Services during this year, when some of that work will go to the County Attorney, or can we reduce -- offset part of that $14,000, maybe go down to, like, $15,000 or $20,000 for Professional Services? JUDGE HENNEKE: Well, typically, I would say yes, we could and should. The problem is, we're in this lawsuit. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And that $25,000 will get chewed up in about a week if we ever had to actually go into high gear on that. COMMISSIONER LETZ: Right. JUDGE HENNEKE: And, so, if we want to do that, I'm willing to do that, 'cause I don't think that's going to happen, but we have to be prepared to find it from somewhere else. COMMISSIONER LETZ: I think the -- JUDGE HENNEKE: Prudence may be lust to leave it where it is. We may know -- we may have a better idea about 88 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 it. COMMISSIONER GRIFFIN: And hopefully we won't have to spend it. COMMISSIONER BALDWIN: I'd rather leave it there, 'cause we don't know what's going to happen. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: I think we'll know more on the 13th, the decisions we make on the 13th. JUDGE HENNEKE: We'll have an opportunity to make a decision on that. Do I hear motion to that effect? COMMISSIONER GRIFFIN: So move. COMMISSIONER BALDWIN: I second it. JUDGE HENNEKE: Moved by Commissioner Griffin, seconded by Commissioner Baldwin, that we approve the budget as presented, with an additional $14,000 for the County Attorney's office to hire a third attorney effective next June, and an additional $50,000 for employee health benefits. Motion includes approval of the General Provisions, the Capital Outlay, and the Employee Pc~sitivn sched~~le, anc~ als~~ sets a price of $10 per copy for the full budget from the County Clerk's office, or $1 a page for those individuals who wish to purchase only selected pages. COMMISSIONER BALDWIN: Is that the motion? JUDGE HENNEKE: Well, that's what you seconded, Buster. 89 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 BALDWIN: Lord God. JUDGE HENNEKE: Any further discussion? I could have charged somebody $50 for that if I was a private attorney. COMMISSIONER BALDWIN: We can make money out of these motions. JUDGE HENNEKE: If there's no further discussion, 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 carried. The only other item we have on the budget is to extend the burn ban which is currently in effect. I've placed that on the agenda so that it will take us to our next regularly scheduled meeting; we won't have to have a meeting in the interim to extend the burn ban. COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE HENNEKE: Moved by Commissioner Letz, seconded by Commissioner Baldwin, that we extend the burn ban, until September 13th. 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. 90 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 (No response.) JUDGE HENNEKE: Motion carries. Unless we have any further business to come before us, we stand adjourned. COMMISSIONER BALDWIN: Amen. JUDGE HENNEKE: Thank you. (Commissioners Court adjourned at 11:10 a.m.) STATE OF TEXAS I COUNTY OF KERB I 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 8th day of September, 1999. JANNETT PIEPER, Kerr County Clerk BY : ' ~~~ Kathy a ik, Deputy County Clerk Certified Shorthand Reporter ORDER H0. 25990 APPROVAL OF PROPOSED KERR COUNTY BUDGET FOR FISCAL YEAR 1999 - 2000 On this the 30th day of August 1999, upon motion made by Commissioner Griffin, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3-0-0, the Proposed Kerr County Budget for Fiscal Year 1999-2000 as amended with an additional 514,000.00 for the County Attorney's Office to hire a third attorney effective next June, 2000 and additional 550, 000.00 for Employee Health Benefits. The motion included approval of the General Provisions, the Capital Outlay, and the Employee Position Schedule and also sets a price of 510.00 per copy for the full budget from the County Clerk's Office and a 51.00 a page for those individuals who wish to purchase only selected pages. ORDER N0. 25991 APPROVAL TO EXTEND BURN BAN On this the 30th day of August 1999, upon motion made by Commissioner Letz, seconded by Commissioner Baldwin, the Court unanimously approved by a vote of 3-0-0, extending the burn ban through September 13, 1999.