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 KERR COUNTY COMMISSIONERS COURT Emergency Session Thursday, September 30, 2004 7:30 p.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas PRESENT: PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ~I 2 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 I N D E X Date Taken 1.1 Consider and discuss temporary continuation of Lease Agreement by and between Hill Country Juvenile Facility Corporation and Kerr County 1.2 Consider and discuss temporary continuation of Operating Agreement between Kerr County and Kerr County Juvenile Board --- Adjourned PAGE 3 3 25 3 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 On Thursday, September 30, 2004, at 7:30 p.m., an emergency meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Let me call to order the special emergency meeting of the Commissioners Court of Kerr County posted for this time and date, Thursday, September 30th, at 7:30 p.m. The first item on the agenda is consideration and discussion of temporary continuation of a lease agreement between the Juvenile Facility Corporation and Kerr County. I'm going to go ahead and call the second item, too, because they're kind of both melded together, and that's consider and discuss a temporary continuation of the operating agreement between Kerr County and the Kerr County Juvenile Board, both of those relating to the Juvenile Detention Facility. Late this afternoon, there was a proposal made by the counsel representing the trustee under the trust agreement relative to the bonds issued by the Hill Country Juvenile Facility Corporation. By virtue of the notification which was necessary under the lease and operating agreement documents to provide to the trustee as a result of the passage of the Kerr County budget and the Kerr County Juvenile Board budget, which nonappropriated funds 9-30-04 emg 4 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 for the lease payments under the -- under the lease agreement, that triggered an automatic termination of the lease, effective -- the lease and the operating agreement effective as of midnight tonight. The trustee was concerned, by having the facility placed in the trustee's hands -- and you'll see one document there from the counsel representing the trustee -- that they cannot lawfully operate that facility. They don't have the appropriate licenses -- obviously, they don't have the appropriate personnel, but they don't have the appropriate licenses to do that. That being said, the proposal was subsequently made after they did their research that they could not lawfully operate it, and they thought that an abundance of caution required that there not be a lapse between the time that the agreement was made and the actual lease termination, which would be midnight tonight; that there was a compelling need that we merely extend the documents under which we have been operating for some time, the lease agreement and the operating agreement, for an additional period of one month. The document which was proposed -- it's on the letterhead of the Bank of New York -- is a letter agreement which simply says that, that we will continue to operate. I would point out that I mentioned to the counsel for the trustee that I was concerned that the Juvenile Board 9-30-04 emq 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 had no funds with which to operate that facility except those which were generated by the facility itself in the way of income from its operations, and I did not want the -- the Board to be responsible for any deficiency in operational expenditures -- operation requirements which were not able to be met with the revenue that could be generated. A review of the documents indicates that, in both cases, the lease agreement -- and I've talked with bond counsel about this, and he's comfortable with this position; that it extends only to appropriated revenues. That is our obligation. And, of course, in -- in terms of -- of what the County, in its budget, appropriated, we did not appropriate it, so we would not have that obligation. That would be under Section -- I believe it's 10.03(d) "From and to the extent of appropriating funds" is -- is the language on continued operation. You have basically that same language in the operating agreement. So, the proposal before the Court right now is to, number one, extend the lease agreement under its current terms for a period of one month, and the second item is to extend the lease -- the operating agreement with the Juvenile Board for a period of one month. This -- these same agreements are on agendas for meetings to be considered by the facility corp. and the Juvenile Board, respectively, as soon as the Court takes whatever action it deems 9-30-04 emg 6 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 22 23 24 25 appropriate. COMMISSIONER WILLIAMS: What is this 6 p.m. deadline, Judge? JUDGE TINLEY: The 6 p.m. deadline, I've already talked to him about that, and I told him that we could not meet that deadline, and he said -- and I explained to him that we had to post an emergency meeting, and he's expecting to hear from me as to the result of this meeting at approximately 8 o'clock tonight. JUDGE PROHL: We still haven't answered the question about the operating funds. I mean, Tommy's not here. Do we have enough funds, either in reserve or being generated, to pay the overhead to run that facility for 30 days? JUDGE TINLEY: I can't answer that question, but in both cases, the requirements -- JUDGE PROHL; My question is, is the trustee going to pick up the deficiency? JUDGE TINLEY: The trustee -- the trustee's income consists of $1,250 a year for acting as a conduit for the funds, solely. JUDGE PROHL: About like what we've got. COMMISSIONER WILLIAMS: $1,250 what? JUDGE TINLEY: A year. The trustee acts as a conduit for the funds that are paid, and then it distributes 9-30-09 emg 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 the bondholders. COMMISSIONER WILLIAMS: $1,250 for this service? JUDGE TINLEY: Mm-hmm. But the proposal is essentially just the documents under which we've been operating, to extend them for one month. That's -- COMMISSIONER WILLIAMS: I thought I understood Mr. Tomlinson, Judge Prohl, to say to the Court the other day that he believed he could make the October 1 and the October 15 payroll. Was I -- did I hear correctly? COMMISSIONER LETZ: Yeah, he said that. And he -- but the issue came really whether he can make the October 31st payment. JUDGE PROHL: Yeah. You don't -- yeah, you've got two weeks there that you don't have covered, is the problem. And so the issue is going to be -- is whether or not the County's going to appropriate two week's worth of overhead to meet the obligation. I don't have a problem entering into an agreement, because I think it helps everybody, get us down the road and see what the options are. But I certainly think there needs to be some clarification as to where the funds are going to come from to be sure that our employees are paid through end of the month. I mean, I think employees got bills that need to be paid, and that's -- you know, and I'm -- we haven't been in 9-30-04 emg 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 on these meetings, but a couple things -- I read what's in the press. See, you've got to understand, this is not a management issue, whether this place was mismanaged or not. This is purely state funding matters that caused us to get here, and I don't -- I know Buster's talking about whether the Juvenile Board ought to be -- stand up and be responsible for it. You know, let's get it clear that there's three factors that -- that put us where we are, and that's the reason we have to talk about those issues. And one factor is the doubling of the requirement of the staffing that was done in September of last year, which instantly caused a $212,000 deficit, even if we were full. We can't control that. Has nothing to do with management. Secondly, they cut us the $20 a day for Level 5 children. That cost us twenty -- about $29,000 a month, give or take a little bit. Nothing we can do about that. And the third thing was they took the 12 units away from us that, if full, would cost us another $19,000. The fact was, we were losing $44,000 a month plus a $212,000 deficit on the other end that we couldn't do anything about. So, I have a problem with -- I want to be sure the perception -- COMMISSIONER BALDWIN: Is that what your comment was when I walked in the room? I've been pointing fingers and you don't like it? Is that what you said? Is that what you mean? 9-30-04 emg 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 9 JUDGE PROHL: That's what I -- COMMISSIONER BALDWIN: I can tell you, Karl, this thing has rapidly been pointing toward this Commissioners Court, and I don`t like that at all. I don't know where your problem is, but -- JUDGE PROHL: Just want to be sure -- COMMISSIONER BALDWIN: -- stick it out there. Don't bring it here to this Court. JUDGE PROHL: I just want everybody to understand where the problem is that we -- you know, we've all been in this together from day one. You know, y'all were Commissioners; you voted on this thing. And there's been a County Judge participate in every meeting we've ever had, a representative of Commissioners Court. And whether -- whether it be the Juvenile Board -- but my point is -- ar facilities board, my point is, there's not a lot we can do, and I just want to be sure that everybody understands that; that it's not a management question. It's a state funding question. And now we're down to the question of whether or not the Commissioners are going to appropriate funds to manage -- pay for the operation of the facility for a period of two weeks. Because -- COMMISSIONER BALDWIN: That's not what we're in here for. JUDGE PROHL: I think it is. 9-30-04 emq 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 COMMISSIONER BALDWIN: I think that's what -- JUDGE PROHL: That's what -- if we approve this agreement, which you're being asked to do -- COMMISSIONER BALDWIN: Well, I think we've been doing that. I mean, we've been sending money out there. COMMISSIONER WILLIAMS: Well, I think that's an issue that has to come before this Court in its next regular meeting, as to whether or not we're going to appropriate the continuing operational funds, and if so, how much and for how long? And I think I, for one, and others are going to want to ask the question of the operation -- of the operators of the center, how can expenses be curbed? What can we expect in revenues? What can we expect in other -- other things that help stabilize this thing other than the taxpayers' support through tax funds? And I think we're legitimate in requesting -- asking those questions. I was called at night after I got this; talked for 30 minutes to a constituent -- hardline constituent. All of us in this room know who this person is. I had a hard time explaining why it wasn't Commissioners Court that made this -- why we made this decision, and having only received this issue at the eleventh hour, and why we didn't do something different than what we did. So, you know, I think Commissioner Baldwin's right. There's a whole -- the hot potato's laying right 9-30-04 emg 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 square in the middle of this desk, and people don't understand the ramifications of the whole thing or how it got here. JUDGE PROHL: Well, and I appreciate that. The thing is that when -- it wouldn't have mattered particularly if it had been six months ago, which -- you know, it accelerated so quickly. COMMISSIONER WILLIAMS: I understand. JUDGE PROHL: Faster than was anticipated. But we'd still be in the same position, still have the same deficits that were talked about, 'cause there's nothing Commissioners Court could have done about it either, unless you appropriated, and that creates a liability. And -- and so, the way it's been structured, there is no liability, and so -- so, you know, it's -- but my point -- what you're talking about, I agree with you; we have to work this out. But my point is, if you approve this and we have a shortfall after the 15th of the month, that -- that's what I'm talking about. Are we -- are we going to be liable for that shortfall for that last two weeks? That's what I'm talking about. When I say "appropriate," I'm not talking about a long time; I'm talking about operating -- appropriating just sufficient funds to pay our bills for the last two weeks. COMMISSIONER WILLIAMS: I would be of a mind-set, Judge, to do that, but I would need to know what 9-30-09 emg 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 12 that's all about. JUDGE PROHL: And we don't know. COMMISSIONER WILLIAMS: I don't think anybody tonight is prepared to tell us what that's all about. COMMISSIONER LETZ: I think part of the problem has been -- this goes back ever since we set this up, the Commissioners board has been kept in the dark. We have never had any idea what the budget is out there. We've asked, and this is way before, you know -- JUDGE PROHL: This was Judge Henneke; this goes all the way back. COMMISSIONER LETZ: Bob Denson. It was Bob and Fred. And, you know, we've asked questions. I ask questions during the budgets about, you know, well, how do we handle -- where's the Juvenile Board budget? What's all that mean? "Here's the bottom line. Y'all don't need to worry about it." You know, and that's pretty much what we were told for six years. And then it came back; we were -- financing came along two -- two years ago, and we signed some -- we passed some resolutions, and then we were in the dark again, other than there's an expansion going on out there, and i.t was going to be a great deal. And I think the frustration this Court has -- I think all of us have -- is that -- up here is that, you know, August is the first time we really hear there's a big problem, and then we really -- 9-30-04 emg 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 it's the end of September till we start dealing with it. And it's -- you know, and we are the ones that -- you know, we're -- the Court's in the paper all the time, not the Juvenile Board, 'cause we have to deal with it. Y'all deal with it, too. I don't know why -- but it's a -- JUDGE PROHL: We've had our share of press, thank you. Believe me. COMMISSIONER LETZ: And there are lingering -- you know, you say it's not management. I have no reason to think that there is or has been any kind of management issue, but the public thinks there's a management problem out there, or was. And I don't know -- that's a perception that I've had to deal with; I've had a lot of people call me. So, I think -- you know, and I -- my answer is, I don't know. I have -- I've never looked detailed at any of those records. But I think that's a lot of history, really. It`s not that -- I mean, I think we're all very frustrated up here that it's landed in our laps. I guess y'all are frustrated as well because of lack of control over state issues. But I think, you know, there is a sense of frustration from three of the Commissioners. I don't know -- Commissioner 4's been quieter; he hasn't been involved a long time with this, but I think he's been frustrated as well. But, going to this issue, I mean, I agree with what you were saying, that -- I mean, if we agree 9-30-04 emg 14 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 -- and as I read this, and I just read it real quick a few minutes ago, what we're doing is just putting a moratorium on doing anything. We're not transferring -- JUDGE TINLEY: We're keeping the existing agreements in effect by which COMMISSIONER LETZ: For 30 days. JUDGE TINLEY: -- the facility was operated, and the pass-through facilities corp. to Kerr County lease, and operating agreement with the Juvenile Board. We're keeping those in effect. COMMISSIONER LETZ: And -- but it has nothing to do with any bond payments. JUDGE TINLEY: No, no, no, no. COMMISSIONER LETZ: This is the operations. JUDGE PROHL: This is just -- yeah, this is just operating. COMMISSIONER LETZ: Well, then, the question that you have, Karl, is that who's going to pick up the slack? Because I think -- I don't think anyone wants to not be able to pay employees and not pay our jailers, so someone's got to pick up that slack if there`s a shortage sometime during this 30-day period. COMMISSIONER WILLIAMS: This satisfies -- see, if I'm correct, Judges, this satisfies the technical requirement of the bond documents that, effective 12:01 9-30-09 emg 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 15 tonight, the key does, in fact, get turned and locked; is that correct? This would keep it operating -- open and operating for 30 days, so as not to throw juveniles out on the street or their counties into chaos as to what to do with those juveniles, et cetera, et cetera; am I correct? JUDGE PROHL: Right. JUDGE TINLEY: Yeah. That -- it would solve the problem. And the obligation of both the County, under the lease, and the Juvenile Board, under the operating agreement, the -- the obligation is to the extent of the appropriated funds in each case. That's the limitation, and that's the only limitation we've got. But I wanted -- I wanted you folks to know that I made it very, very clear to the trustee that -- that the Juvenile Board had no funding available to it except -- and the Juvenile Board, of course, is responsible for the operation under the operating agreement. Only the funds that were generated by the facility were the only funds that the Juvenile Board had available to it. I was concerned about any deficiency that might be generated in operational expenses. Whether we set it off out there in the future to deal with later, that's fine. I just wanted the trustee's counsel to be very, very aware that the Juvenile Board did not have that ability to take care of any deficiency. COMMISSIONER LETZ: I think the reality -- 9-30-04 emg 16 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 TINLEY: That he very clearly understands it. And -- and that's a fact of life, and that's where we are. COMMISSIONER LETZ: And the trustees told you they don't have any money, either. So, the only person that has any money is the County. COMMISSIONER WILLIAMS: And they don't have a license to operate. Judge, does your -- in your discussions with the trustee today, the bond trustee, did you gain anything from him that would lead you to believe that there is a willingness on his part to represent the bondholders to try to restructure this debt? JUDGE TINLEY: I think they want to explore any and all reasonable possibilities to get this thing resolved. I don't think there's any question. He said -- he said that it got dropped in his lap yesterday. I think he talked to the -- our bond counsel once yesterday. He called me this morning; I talked to him for the first time at approximately 10:30. In fact, when we had our meeting set for 10:30 and I was late a few minutes, that was why; I was talking to him. And he said he had some legal issues to look into. That's what the copy of a letter from -- from Vincent Elkins is about. And then, when I talked to him late this afternoon, that's when he came up with this proposal. 9-30-04 emg 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 17 COMMISSIONER BALDWIN: Karl, do you -- do you say that -- I thought I heard you say this, but I'm not sure; I want to be clear about this. By us approving these two documents, does that commit the County to the funding in the latter part of October? JUDGE TINLEY: I don't see it as doing at that at all. JUDGE PROHL: No, you have to appropriate. No. COMMISSIONER BALDWIN: Okay. JUDGE PROHL: Doesn't do that. COMMISSIONER BALDWIN: I couldn't see how, but -- JUDGE PROHL: No. I -- I'm just concerned about it. COMMISSIONER BALDWIN: Well, I am too. JUDGE PROHL: I think that question will come up, and I just -- plant the seed. COMMISSIONER BALDWIN: Well, I think -- you know, I think this Court's going to do whatever we can reasonably, you know, that -- to help. I think. I'm -- I'm not going to speak for these other guys, but I certainly think that we would take a look at everything. COMMISSIONER WILLIAMS: I've said all along, I think we should find every avenue to restructure the debt 9-30-04 emg 18 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 and try to salvage it. If we're ready for a motion, Judge, I'll give you a motion. JUDGE TINLEY: All right, I'm ready. COMMISSIONER WILLIAMS: Let me make certain I understand what we're doing. We are -- we are agreeing to extend the lease agreement; is that correct? JUDGE TINLEY: On -- on the first item on the agenda. COMMISSIONER WILLIAMS: The agreement. Extend the lease agreement. JUDGE TINLEY: To have a continuation of the existing lease agreement between Hill Country Juvenile Facility Corporation and Kerr County for an additional month until November 1, 2004. COMMISSIONER WILLIAMS: Thank you for framing the motion. That would be my motion. COMMISSIONER BALDWIN: Second. Second, yes, sir. JUDGE TINLEY: Any question or discussion on the motion? COMMISSIONER LETZ: Question. Do you want to cite the way it was worded in the -- the Bank of New York about the moratorium, and cite the section? I mean, 'cause to me, it's not an extension; it's a moratorium under -- it's taking an option under, evidently, Section 10.03(c). 9-30-04 emg 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 19 I mean, I don't know if there's any difference, but it's -- 'cause they -- we're doing it under the -- we're exercising a provision of the agreement, as I read their letter. JUDGE TINLEY: Do you want your motion to -- COMMISSIONER WILLIAMS: Let me -- JUDGE TINLEY: -- to include that? COMMISSIONER WILLIAMS: Let me take a look at it real quick. JUDGE TINLEY: Okay. COMMISSIONER BALDWIN: Are you the County Attorney tonight? JUDGE TINLEY: Why not? COMMISSIONER LETZ: While he's -- COMMISSIONER WILLIAMS: Well, no -- well, no, I don't. Because if you read on in that sentence, it says we accomplish that moratorium with a lease and operating agreement to remain in effect. So, in effect, we are extending the lease agreement. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: That's all we've got to reasonably want to do. JUDGE TINLEY: The moratorium is on the transfer of the possession and control, which would automatically be triggered -- COMMISSIONER WILLIAMS: As a result of our 9-30-04 emg 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 "' 2 4 25 action. JUDGE TINLEY: -- per provisions of that lease agreement by virtue of the notice that I've given. COMMISSIONER WILLIAMS: Correct. My motion stands. JUDGE TINLEY: Any further question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) MR. EDWARDS: All apposed, same sign. (No response.) JUDGE TINLEY: We now have the second item on the agenda; essentially the same motion, but only with respect to the operating agreement between Kerr County and Kerr County Juvenile Board, to continue that agreement in effect until November 1, 2004. (Low-voice discussion off the record.) COMMISSIONER WILLIAMS: Are we talking about a -- what period of time are we talking about in 1.2? Just that consider and discuss temporary continuation of operating agreement between Kerr County and the Juvenile Board for "a period"? JUDGE TINLEY: Same period of time. COMMISSIONER WILLIAMS: For a period not to exceed? Or -- 9-30-04 emg 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 COMMISSIONER BALDWIN: November 1. COMMISSIONER WILLIAMS: -- up to and including, or what? JUDGE TINLEY: Until November 1, I think is the language that we -- that we used. COMMISSIONER WILLIAMS: For a period of 30 days. COMMISSIONER BALDWIN: Through October -- COMMISSIONER WILLIAMS: October 30 or 31? JUDGE TINLEY: 31 October. COMMISSIONER WILLIAMS: 31? JUDGE TINLEY: I think the other motion was until November 1. COMMISSIONER LETZ: I think that the -- the funding issue really needs to be somewhat resolved here, because from a -- the operating standpoint, I don't know how, if we're -- with all our vendors, if we have accounts with them or cash up front or -- or how we're operating right now. But, you know, there needs to be -- we're going to have to start -- someone's going to have to commit to pay those bills. COMMISSIONER BALDWIN: Would the -- would the bills be October 15 or November 1? COMMISSIONER WILLIAMS: I thought I understood -- 9-30-04 emg 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 COMMISSIONER BALDWIN: When do they come due to be paid? COMMISSIONER WILLIAMS: I thought I understood Mr. Tomlinson to say he could make the mid-month payroll and the end payroll. He thought they could scrape together the end one; he's got accounts receivable coming in, so forth and so on. There are still some reserves to draw down, but very few. Is that correct? JUDGE TINLEY: That's correct. COMMISSIONER WILLIAMS: So, the likelihood that -- that the Juvenile Board would come to Commissioners Court for some additional funding is, I would say -- COMMISSIONER LETZ: Good. COMMISSIONER WILLIAMS: -- pretty real. Pretty real likelihood. COMMISSIONER BALDWIN: But not tonight. COMMISSIONER WILLIAMS: Not tonight. JUDGE TINLEY: No. No, that -- we're not to that issue yet. But -- COMMISSIONER LETZ: But if we -- JUDGE TINLEY: But the extent of Kerr County is only as to appropriated funds, and the obligation of the Juvenile Board under the operating agreement also is only as to appropriated funds. That's the language in both cases. COMMISSIONER BALDWIN: I move for approval of 9-30-04 emg 23 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 Item Number 1.2. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for extension of the operation -- operating agreement between Kerr County and Kerr County Juvenile Board until November 1st, 2004. Any question or discussion? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. There's no further business on the agenda, so I will declare the meeting adjourned. COMMISSIONER LETZ: Judge, before we go, just one quick comment on this. How do you -- just -- if I can kind of get my brain wrapped around this thing, how are we going to proceed? I mean, who is -- is it the Juvenile Board or is it Commissioners Court, or are we jointly going to be trying to figure out -- holding each other's hand for the next month? Who is going to deal with the trustee, try and figure out the plan? I mean, who's doing what? JUDGE TINLEY: I don't think we've got a plan yet. We just know that they're willing to -- to sit down and work with us to try and find some solutions. COMMISSIONER LETZ: But, I mean, by what we 9-30-04 emg 24 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 just did, we give everything back to the Juvenile Board. And I just don't want to get in a situation -- JUDGE TINLEY: We're the only ones that can operate it. COMMISSIONER LETZ: Right. JUDGE PROHL: Well, but -- but I think, from -- from discussions as to how the -- if there's refinancing or whatever's going to occur, it has to be Commissioners Court. We don't have any authority to deal with that. And so I think it has to be a combination of everybody working together jointly to try to come up with what's best for the County, for the juveniles, and for everybody. And -- and, I mean, I don't -- I don't see how either one entity can do it by themselves, because we just -- you know, you have to have that overlap of knowledge. And I think -- you know, I think the ball is basically in the trustee's hands to -- to get ahold of the bondholders; say, "Okay, what are you guys willing to do? Let's all come to the table and see what is viable." Because the Juvenile Board has to be charged with running the facility, at least from the paper standpoint. They have to be involved in it from that standpoint. Structuring and financing is going to be Commissioners Court, as I see it. COMMISSIONER LETZ: What about the other entities that are involved, such as K.I.S.D.? I mean, I 9-30-04 emg 25 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 presume that they're -- JUDGE PROHL: We11, you understand what they propose. JUDGE TINLEY: Let me go -- let me go ahead and -- we can qet in some discussions otherwise, but we need to get these other ends of it knocked down, if you don't mind. COMMISSIONER LETZ: Okay. JUDGE TINLEY: We've run a pretty tight deadline here. Did I call for adjournment of the Court? COMMISSIONER WILLIAMS: You did for Commissioners Court. (Discussion off the record.) (Commissioners Court adjourned at 7:57 p.m.) 9-30-09 emg 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 STATE OF TEXAS ~ COUNTY OF KERR ~ The above and foregoing is a true and complete transcription of my stenotype notes taken in my capacity as County Clerk of the Commissioners Court of Kerr County, Texas, at the time and place heretofore set forth. DATED at Kerrville, Texas, this 5th day of October, 2004. JANNETT PIEPER, Kerr County Clerk Kathy Ba 'k, Deputy County Clerk Certified Shorthand Reporter 9-30-09 emg ORDER N0.28860 EXTEND LEASE AGREEMENT BETWEEN HILL COUNTRY JUVENILE FACILITY CORPORATION AND KERR COUNTY On this the 30th day of September 2004 upon motion made By Commissioner Williams, seconded by Commissioner Baldwin the Court unanimously approved by a vote of 3-0-0, to extend the lease agreement between Hill Country Juvenile Facility -- Corporation and Kerr County for an addition month until November 1, 2004. ORDER N0.28861 EXTEND OPERATING AGREEMENT BETWEEN KERR COUNTY AND KERR COUNTY JUVENILE BOARD On this the 30th day of September, 2004 upon motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 3-0-0, to extend the operating agreement between Kerr County and Kerr County Juvenile Board until November 1, 2004.