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 KERR COUNTY COMMISSIONERS COURT Special Session Monday, August 29, 2005 1:30 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 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 I N D E X August 29, 2005 PAGE 1.1 Consider and discuss establishing Family Protection and Child Abuse Prevention funds and setting fees as authorized by SB-6 to be paid to such funds 3 Consider and discuss establishment of policy specifying amounts to be paid to Kerr County jurors under various circumstances and authorize amounts of cash on hand to be maintained by Clerks for payment of jurors 6 Consider and discuss formation of EMS Advisory Committee, appointment of members of Committee, designation of general areas of responsibility of Committee and issue invitation to City of Kerrville to jointly participate with Kerr County in working with and providing information to Committee 11 Consider and discuss authorizing construction of new kennel/operations building at Animal Control Facility with construction costs to be paid by private anonymous donor, authorize County Attorney to prepare Memorandum of Understanding containing construction specifications, fundinq requirements and other appropriate conditions; and authorize Road and Bridge to perform initial site work for building site 15 1.5 Consider, discuss, and take appropriate action on Frontera Telecommunications, Inc. Contract 19 1.6 Consider, discuss and take appropriate action, including amending and establishing deadlines for acceptance, on proposed Animal Control Contract with the City of Kerrville 39 Consider, discuss and take appropriate action, including amending and establishing deadlines for acceptance, on proposed Library Contract with the City of Kerrville 47 --- Adjourned 52 3 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 On Monday, August 29, 200, at 1:30 p.m., a special 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: Okay. Let me call to order, if I might, the special meeting of the Commissioners Court scheduled for this date and time, Monday, August the 29th, 2005, at 1:30 p.m. It's a bit past that now, so we'll move directly into the agenda. First item on the agenda is to consider and discuss establishing Family Protection and Child Abuse Prevention funds and setting fees as authorized by Senate Bill 6 to be paid to such funds. The District Clerk brought this matter to our attention. MS. UECKER: And the problem was, the previous meeting is -- I think I didn't have the wording right to request the Court to take some action, so this would correct that, and I'm asking the Court, in ~~onsideration of Senate Bill 6, to first of all, establish the -- a Family Protection fund, set a fee not to exceed $30, and this fee is to be charged on all divorces and all annulments. Half of that fund remains with the county, and because the Court maintains these funds and manages them, I don't know if you -- if it's the Court's pleasure to designate an agency or just wait until they come and request H '_U U5 4 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the money. I -- I don't know how you want to handle that. COMMISSIONER BALDWIN: Linda, what -- why would we want to send some of the money to -- to another county? MS. UECKER: Because -- of course, that's what the piece of legislation says. It doesn't say "thou shalt." It says that it can be used for any one of those. And I suspect that it's because some of the agencies in Kerr County actually, benefit adjacent counties. So if, say, for instance, Gillespie County uses the -- an agency in Kerr County, their money can be used -- in other words, a Kerr County agency can go over there and request funds under this fund from Gillespie County if -- you know, if we service them, which we do in many cases. COMMISSIONER BALDWIN: Who would make that decision? I mean, this comes under Commissioners Court? MS. UECKER: I don't know. The bill does not -- the bill doesn't say. All it says is the Commissioners Court manages these funds. There's two funds that are going to have to be established, one for family protection and the other one just for child protection. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: The adjacent county -- we use Gillespie as an example -- might use an agency here in Kerr County that serves multiple hill country e .n o=, 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 counties. MS. UECKER: Right, mm-hmm. COMMISSIONER WILLIAMS: Can they likewise -- they likewise do the same thing and put this on their additional fees? MS. UECKER: They have to. It's required. COMMISSIONER WILLIAMS: They have to? MS. DECKER: Mm-hmm. COMMISSIONER LETZ: I make a motion we establish a Family Protection fund pursuant to SB-6 and establish the fee at $30. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for the establishment of a Family Protection fund and the setting of a fee of $30. Any question or discussion on the motion? 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. COMMISSIONER LETZ: Now, Judge -- now I'll make a se~~ond motion. I'll make a motion to establish a Child Abuse Prevention fund pursuant to SB-6 and set the fee at $100. a-_a-a~ 1 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 COMMISSIONER BALDWIN: Second. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded to establish a Child Abuse Prevention fund, and the fee be established at $100 on any conviction. Any discussion or question? 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. The next item that we have is consider and discuss establishment of a policy specifying amounts to be paid to Kerr County jurors under various circumstances and authorize amounts of cash on-hand to be maintained by clerk for payment of those jurors. MS. UECKER: This -- this was also brought up at the last meeting, and you actually entered an order establishing a reimbursement. I think we either need to rescind that order or clarify it some way so that it reflects that those jurors that actually are requested to report to serve as prospective jurors, they still get the $5 a day. And I think probably Commissioner Letz commented on that the last time, and only those that are selected -- report and are actually selected -- in other words, actually e an os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ ^3 24 25 7 sworn, whether it be the six in County Court at Law or the 12 in District Court, they are to be paid the $15 for the first day and the $40 for each day thereafter. I think that impact is much less than what maybe I had led you to believe, and I apologize for that. COMMISSIONER LETZ: What did we do at the last meeting? MS. UECKER: You set the fee to be -- for those that reported on the first day at $6, and those that were selec ted at $15, and t hen $40 for everybody thereafter. But the -- that second day, that needs to be clarified, that even if -- for instance, if they don't actually complete selection of a jury panel o n the second day, they don't get the $40. They still get $6 until they' re sworn in. COMMISSIONER BALDWIN: I agree. I don't think that they're selected until they' re seated. And 40 bucks -- COMMISSIONER LETZ: But, just to clean it up, how hard is it to find that court order? COMMISSIONER BALDWIN: I got it. Court Order 29326. MS. UECKER: Whatever the Court's pleasure is on that. I just wanted to make -- COMMISSIONER BALDWIN: That's that one that we did last time. a-zu-o~ 1 4 5 6 7 8 9 10 11 12 13 14 15 1ti 17 18 19 20 21 -, 23 24 25 8 COMMISSIONER LETZ: So, you're going to make a -- MS. UEChER: -- make sure it's clear. COMMISSIONER BALDWIN: I can do it like -- I move that we rescind Court Order 29326 and adopt the recommendation of the District Clerk. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for rescission of Court Order 29326, and move to adopt the recommendation of the District Clerk with regard to the payment of jurors as outlined in the agenda request? COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: All right. Any question or discussion on that motion? All in favor of the motion, signify by raisinq your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The second part of that agenda item deals with the amount to be kept on-hand by each of the respective clerks. MS. DECKER: Right. JUDGE TINLEY: Is action of this Court required on that, Ms. Decker? COMMISSIONER WILLIAMS: Let me relate to the a-_ - 9 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court and to the District Clerk what the Auditor told me at the conclusion of the previous meeting. He -- he recalled that we had, in fact, set up those petty cash funds for these purposes, and we had never established any ceiling, so they're in place. MS. DECKER: Okay. COMMISSIONER WILLIAMS: And it's up to you folks to tell him, or tell whomever what you believe is required, and do the appropriate accounting for reimbursement. MS. DECKER: The reason I had put this on here is because the Court -- at the time we initiated the cash-pay jury plan, that amount was actually in that plan. So, you know, if y'all are comfortable with, you know, us making that decision, that's fine. COMMISSIONER WILLIAMS: We believe there was never a ceiling established, and that it's between you and whomever. MS. DECKER: No ceiling, but an amount was put in that -- in that plan. COMMISSIONER WILLIAMS: Okay. Well, if you think it needs to be changed, we can change it. MS. DECKER.: up to y'all. I don't -- COMMISSIONER WILLIAMS: My only other question I have is, are you satisfied that these numbers 3_ ~_~~ 10 1 2 i 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 will hold? MS. DECKER: It just -- 7 think so, yes. I talked to the County Clerk, I talked to the J.P.'s, and they all assured me that this was -- this would be sufficient. I had some doubt about the J.P.'s, but they tell me it'll be okay, and I think we'll be okay. COMMISSIONER. WILLIAMS: We can always change it. I would move that we set the jury cash fund cash on-hand in the following amounts: For the District Clerk, $6,000; for the County Clerk, $2,500; for J.P. courts, $500. COMMISSIONER BALDWTN: Second. JUDGE TINLEY: Motion made and seconded for setting the cash balances for jury payments as specified in the motion. Any question or comment? All in favor -- MS. DECKER: The reason -- Judge, the reason I think that this is probably proper is because I'm going to need something to go to the County Treasurer to say, "Give me some more cash." So -- COMMISSIONER WILLIAMS: Okay, that's fine. JUDGE TINLEY: I think that's what you're fixing to get. MS. DECKER: All right, good. JUDGE TINLEY: Any other questions or comments? All Ln favor of the motion, signify by raising your right hand. y LU-US 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~G ~~ 11 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Thank you, Ms. Uecker. Ner.t item is consider and discuss formation of an EMS Advisory Committee, appointment of members of the committee, designation of general areas of responsibility of committee, and issue invitation to the City of Kerrville to jointly participate with Kerr County in working with and providing information to the committee. Commissioner Baldwin. COMMISSIONER BALDWIN: Thank you, sir. Judge, I'm just going to start this by making a motion that we form an EMS Advisory Committee, and we'll appoint the members of that committee consisting of James A. Murphy, Joe Herring, Jr., Walter Schellhase, Gordon Morgan, and Ray Lehmann. The general areas of responsibility of the committee is as follows: The Commissioners Court desires to maintain a very high standard of medical care and service in Kerr County. The Commissioners Court further believes, to the extent possible and practical, that the EMS service provided in Kerr County should strive to be financially self-sustaining. With these goals in mind, an assessment of the following items by the above-appointed committee will be of great service to the residents of Kerr County. 1 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 12 Number 1, assess function and viability of an emergency service district, county-wide ESD including the City of Kerrville, a county-wide ESD excluding the City of Kerrville. Number 2, review and make recommendations on the billing system and the rate structure under the current EMS contract with the City of Kerrville. Number 3, review and make recommendations on collection system under the current EMS contract with the City of Kerrville. Number 4, review and make recommendation on an equitable funding formula between the City of Kerrville and Kerr County for funding any financial shortfall under the current EMS contract. Number 5, review and make recommendation on other EMS issues that affect quality of service, cost-effectiveness, or other matters that may improve the EMS service in Kerr County. The committee's to report back to Commissioners Court no later than March 1, 2006, with its findings. COMMISSIONER LETZ: Second. COMMISSIONER BALDWIN: Wait a minute. COMMISSIONER LETZ: Oh. COMMISSIONER BALDWIN: And -- and in that motion, I'd like for us to send an invitation to the City of Kerrville t_o jointly participate with the Kerr County Commissioners Court in working with and providing information to the committee, and I would assume the County Judge would send a letter to that effect to the powers that r.-ru-os 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 13 be, the brethren across the river. COMMISSIONER LETZ: Now I'll second. JUDGE TINLEY: That was a motion? COMMISSIONER BALDWIN: That was a motion, yes, sir. JUDGE TINLEY: All right, thank you. Motion and second. Any question or comment? COMMISSIONER WILLIAMS: Well, I'd like to ask the Commissioner if we could make just a couple modest alterations. Under Number 1, you have A and B. I'd like to establish a C, that it -- that would instruct our committee to examine alternative service options. COMMISSIONER BALDWIN: That would be fine. COMMISSIONER WILLIAMS: And under 2 -- the language is "examine alternative service options." And under Number 2, we talk about "review and make recommendation ~n the billing system." I'd like to offer "make recommendation on claims coding, billing system, and rate structure." Claims coding. COMMISSIONER BALDWIN: Very good. COMMISSIONER LETZ: That's good. Fine. COMMISSIONER BALDWIN: Any other whining? COMMISSIONER WILLIAMS: That's it. COMMISSIONER BALDWIN: Commissioner 4? COMMISSIONER NICHOLSON: Yeah, this is a s-zo-ns 14 1 2 3 4 5 F. 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~~ 23 24 ~~ really good charter. If that committee could bring those five studies and recommendations to us, they'd be really providing a valuable service. One other thing for consideration; Commissioner Baldwin and I qot a letter from Kenneth Wood, the president of ESD Number 1, offering his -- or their -- or somebody from the fire department's help in examining at least one of these questions, and that's question number one, I think, about the ESD's. I would like to -- I would like for this committee, if they choose to serve, to invite Kenneth Wood and Corky Nelson, the president of ESD Number 2, to participate with them in examining the options for forming additional or wider ESD's. These two ESD's are really doing a good job. They're running the west well, and they -- I think they would not be part of the problem; they'd be part of the solution if they were invited to participate. COMMISSIONER BALDWIN: You want to include them in the committee? Or do you want to say that they're available to the committee for advice? COMMISSIONER NICHOLSON: Commissioner, I think they -- their input would be only on question number one, so I would just ask that the committee invite them to participate in that part of the study. COMMISSIONER BALDWIN: I'll take care of that. -?~;-' 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 b' 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Just use them for a resource. COMMISSIONER LETZ: I think the committee -- I hope they go well beyond their five members and get a lot of input from other people on different questions. That can really help them a lot, I think. COMMISSIONER BALDWIN: I will see that they qet those names. COMMISSIONER NICHOLSON: Thank you. JUDGE TINLEY: As amended -- that amendment is acceptable to you -- COMMISSIONER BALDWIN: Yes, sir. JUDGE TINLEY: -- Commissioner Baldwin? All right. As amended, do we have any further questions or comments on the motion? 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: The motion does carry. The nett item on the agenda is to consider and discuss authorizing construction of a kennel/operations building at the Animal Control facility, with construction r_osts to be paid by private, anonymous donor; authorize the County Attorney to prepare a Memorandum of Understanding containing H ~ J X15 1 ~, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ;3 ,_. ~ 4 25 16 construction specifications, funding requirements, and other appropriate conditions; and authorize Road and Bridge to I put this Commissioner Nicholson is aware of -- point, has indicated a willingness to prepare and pay for the cost of a new kennel facility out at the Animal Control facility, and I wanted to get a preliminary green light, as it were, from the Court. I understand there are certain hoops that are going to have to be jumped through. We're going to have to make sure that any legal requirements for the construction be properly accomplished, that certain assuran~~es be put into place for the funding; that if there was any partir_ular specifications that have to be put into place, under state law or otherwise, building permits and so forth. But I wanted to -- to get a preliminary -- preliminary approval from the Court to move forward on this, subject, of course, to these other matters being attended to. With regard to the initial site work for that building site, the initial indication I have is that it may take appror,imately 150 cubic yards of fill, which is not a great deal. But, here again, we qot a lot of preliminary things to get out of the way. I just wanted to bring this so that we can get the 1 .` 2 3 4 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 23 29 25 17 Court's preliminary action on it, and I assume the Court's interested. Especially can't beat the cost. COMMISSIONER LETZ: This is the -- I mean, I'm certainly in favor of this. If I ever meet this person, I'll thank him. But the -- just as the first step, I'd like to get -- basically, to get the ball rolling, tell the individual that we're willing, we're interested, and that way we can get some drawings in or some -- a proposal as to what the plan is before we say yes, we want to do this. I mean, I think we really need to look at what the proposal is before we say yes, we're going to do it. JUDGE TINLEY: Well, you'd need -- as I see it, you'd need at least two things; a proposed Memorandum of Understanding on how these things are going to be accomplished and the various requirements and specifications and responsibility, as well as the -- the proposed site plan and plans for the facility itself. COMMISSIONER LETZ: Well, the site plan, that could be part of the Memorandum of Understanding, I would think. So, I mean, I think what we're doing right now is just approving a Memorandum of Understanding and authorizing Commissioner 4 and the County Attorney to bring that back to the Court at some point. JUDGE TINLEY: Like I say, I was just initially wanting to get the Court's willingness to proceed Y, -.' 0- ii .. 18 1 2 3 9 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 ~~ ~3 24 25 on this as a matter of principle. COMMISSIONER. NICHOLSON: I make a motion that we authorize the County Attorney to prepare a Memorandum of Understanding containing construction specifications, funding requirements, and other appropriate conditions to -- in connection with the construction of a new kennel and operations building. And that the -- I would ask the County Attorney to bring that MOU back in a regular Commissioners Court meeting so that we can authorize and give the -- a green light to proceed. COMMISSIONER LETZ: Second. COMMISSIONER NICHOLSON: And I want to also say that, you know, I really appreciate this kind of help, and -- and as we work through it, we ought to do everything we can do to make sure we don't bog it down in the bureaucratic government process and discourage this donor. JUDGE TINLEY: That was why I wanted to kind of get the ball rolling today and went ahead and put it on today's agenda. COMMISSIONER NICHOLSON: You got it rolling. COMMISSIONER LETZ: You'll be the contact person? You -- I mean, you're the one? (Commissioner Nicholson nodded.) JUDGE TINLEY: Anything -- any other question or comments on the motion? H-,u-ps 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~, 23 24 ~5 COMMISSIONER BALDWIN: I just want to make a comment, that I also appreciate it, and this is exactly the way these things are supposed to work. The donors -- the private sector step up to the plate and help as they can, and that's exactly the way it's supposed to work. COMMISSIONER WILLIAMS: Sounds like a good offer to me. JUDGE TINLEY: Any other question or comments? 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. We'll move on to the next item on the agenda. Consider, discuss, and take appropriate action on Frontera Telecommunications contract. I believe, Commissioner Baldwin, you placed this on the agenda. COMMISSIONER BALDWIN: Yes, sir, I did. DODGE TINLEY: Okay. COMMISSIONER BALDWIN: Going over the -- the contract, there was a couple things that jumped out and jumped off the page, at the County Attorney as well, and I've put a copy of those two pages in your -- in your backup. And it may be just -- may be just verbiage, and I a-~a- , 20 1 i 9 5 6 7 8 9 10 11 12 13 14 15 16 17 1S 19 20 2l 22 23 24 ~5 don't think I'm reading this wrong, but after visiting with the I.T. guy last week, I feel a little bit better, but I hope we can have a -- have a conversation just to clear it up. But it clearly says in here that nonavailable -- or traditional 9-1-1 dialing service -- 9-1-1 dialing is not supported and will not work from the service. Does it or does it not? MR. TROLINGER: It does not. COMMISSIONER BALUWIN: Okay. If I'm sitting at my desk in my office and my ingrown toenail starts throbbing, can I pick up my phone and dial 9-1-1 and get an ambulance here? MR. TROLINGER: Yes, same as today. No change. COMMISSIONER BALDWLN: Okay. Well, tell us how that works, then. MR. TROLINGER: Because the long distance service, instead of dialing 9 as you do now to get an outside line, then your number, and then your code, the users will now instead dial 7 and 7 to get an outside long distance line, so there's no confusion from old to new. The only difference is, for long distance, a long distance caller will have to dial 7 on the handset. COMMISSIONER WILLIAMS: Instead of dialing 9? MR.. TROLINGER.: Correct. H-~~~-us ~1 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER WILLIAMS: So, what do we do right now? We dial 9 to get out for any purpose? MR. TROLINGER: Yes. COMMISSIONER WILLIAMS: What's going to happen thereafter? COMMISSIONER LETZ: We dial 9 to get out for local and 7 to get out for long distance. MR. TROLINGER: 9 for local, 7 for long distance, and the 7-7 service does not have 9-1-1. COMMISSIONER WILLIAMS: And what about operator intervention? MR. TROLINGER: There is not a dial zero for operator, but there is a -- dial the area code and 555-1212 for information. MR. HUNT: Or 9-0. MR. TROLINGER: Or 9-0. And, by the way, Frontera is represented here. David Hamlyn, I asked him to come in, and Curtis -- MR. HUNT: Curtis Hunt. MR. TROLINGER: Curtis Hunt is here from Frontera. COMMISSIONER BALDWIN: Okay. Would you -- the minutes are not ready for me to read yet; they're not printed out, and so I'm working off of memory here. And I want you to go a little bit further and explain what I think a-gin-n, ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .5 I heard you say, something about voice-over ID. What -- what -- tell me what voice-over ID is. MR. TROLINGER: David or Curtis, do you want to efplain that, please? MR. HUNT: You'll let me do that? MR. TROLINGER: Yes, sir. COMMISSIONER BALDWIN: You have to remember, now, Curtis is one of my constituents, so I'm going to be easy here. MP.. HUNT: That'll be a first. COMMISSIONER BALDWIN: Yeah. MR. HUNT: I thank the Court for allowing -- I have some drawings here for you, if the Court would allow me to hand these out. COMMISSIONER BALDWIN: Sure. COMMISSIONER WILLIAMS: Sure. MR. HUNT: I noticed you didn't have a chalkboard. I wouldn't even think about a -- let me keep one. COMMISSIONER WILLIAMS: I'm sorry, Commissioner. COMMISSIONER BALDWIN: That's all right. (Discussion off the record.) MR. HUNT: I'm really surprised that we can get telephone calls across the nation the way it is today, v-~~~-os 23 1 2 3 4 J F. 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~2 23 24 25 but we're able to do it. What -- if you notice in the drawing, there's a little blue box in there called Frontera VOIP Equipment. That is a little ATA box. It's a terminal adapter, and that is the only equipment that we have had to provide for this -- for this operation. The green box there is your present key system that you have. It's working right now. And, as you notice over here, the county courthouse end user, as he places a call through that green box, which is the key system that the courthouse has right now, as you call 7-7, it is routed over to our VOIP terminal adapter. That is then sent through the Kerr County Courthouse fire wall equipment and out to the public switch -- or, excuse me, the public Internet, and it goes to our switch in Dallas and is then sent out over the long distance network. That path is how your 7-7 long distance goes. And, if you notice, it's going over -- over an IP network that's out there. Now, everybody draws these IP networks like it's a cloud, but it really is a network out there, but it's just like a -- like any other connection. But this happens to ~~onnect to our -- either our Dallas switch or our Albuquerque switch; we have them in two different places. That is how your 7-7 long distance goes. We're calling it voice-over IP because it's the IP protocol that's going out over the Internet. It's voice 3-_. ",- ~4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l 22 ~3 2q 1'S over the Internet. All of the rest of your services, your dial 9, your 9-1-1, your 9-1-plus -- if you still dial 9-1-plus, you're going to go our of whoever your long distance carrier is coming out of your local telephone company. We have not disturbed that. This gives you an option to useless, expensive long distance, so that's how this works. COMMISSIONER BALDWIN: Well, today it goes out over telephone lines. A long distance call would go out over telephone lines? Is that -- MR. TROLINGEP.: Yes, it does. MR. HUNT: You may not know, okay? I'm going to tell you that coming out of your local telephone company, you may not know how t_hat's going out. It could be going out over VOIP, it could be going out over telephone lines, could be going out -- you don't know how your long distance carrier is carrying it. COMMISSIONER BALDWIN: Okay. So, my next question is a moot point, then, of how reliable is Internet -- is the Internet to -- to travel the phone call? MR. HUNT: We're usinq it all over this -- the Texas/New Mexico/Oklahoma territory, and it's -- it's the way it's going. I don't know -- it's not 100 percent, but y'all have been using it for a while. Now, there's going to be snme problems; no doubt that there will, just 25 1 2 3 4 J 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 21 22 23 24 25 like there always is. But we've -- COMMISSIONER BALDWIN: Well, you know, just -- this is boy-dummy here you're dealing with. It seems to me that sometimes we get -- we get tangled up because of the lack of enough Internet service that we have here, and adding long distance calls on it, I mean, what -- what would happen if everything filled up -- that's my term, "filled up" -- the Internet tilled up around here, and somebody's in the middle of a telephone call? MR. TROLINGER: Right. Basically, if our bandwidth is -- is maned out, if we used all our bandwidth, the -- the telephone calls get something called quality of service. Basically, it's a way to let the telephone call have the priority over the Internet web page. COMMISSIONER BALDWIN: Uh-huh. COMMISSIONER LETZ: How likely -- I mean, how often is our bandwidth going to be full? Isn't that a problem right now? MR. TROLINGER: It is not. That's been resolved. COMMISSIONER LETZ: Been resolved. It was a problem, though? MR. TROLINGER: It was. We had a -- basically a home DSL modem, fairly fast speed. Now we have a much larger cable modem that gives us the opportunity to a-~_-n~, zE 1 3 4 5 6 7 8 9 10 11 1 13 14 15 15 17 18 19 20 21 22 23 24 ~5 use a service like voice-over IP. COMMISSIONER WILLIAMS: This gentleman mentioned that Frontera provides VOIP in Texas, New Mexico, I believe -- Oklahoma, did you say? MR. HUNT: Yes, sir. COMMISSIONER WILLIAMS: What happens if we dial 7-7 for a long distance call to, for example, Washington, D.C.? MR. HUNT: That's on -- if I may, that is on -- that's on -- you see the purple -- the blue switch up there at the top where it says "VOIP long distance platform"? COMMISSIONER WILLIAMS: Yes, sir. MR. HUNT: Okay. That public switch network, that's going out to the world from our switch in Dallas and our switch in -- in Albuquerque. We use multiple carriers up there; we use people like AT&T, MCI, Sprint. We use a multitude of carriers that take the call from there on out to the world. COMMISSIONER WILLIAMS: So, it may not be VOIP? MP.. HUNT: No, I -- the VOIP I'm talking about are the people that use this service, like the Court here is going to be using it. Does that make sense? You're like a user here, and that -- but we can -- we can place e-_ -_~ 27 1 2 3 4 5 5 7 8 9 10 11 12 I3 14 15 16 17 18 19 .0 21 22 23 29 ~5 calls anywhere in the world out of our Dallas switch. We have multiple carriers to get that out, international carriers as well as national carriers out of both of our switches for delivering the traffic. COMMISSIONEP. LETZ: What -- and he may be boy-dummy; I'm boy-dummy 2 when it comes to this stuff. Quality -- is the quality of the call -- is it going to sound like it currently does when we're using our -- MR. HUNT: Have y'all used it? MR. TROLINGER: For about a month, and I have had complaints when I changed the network configuration, and I'm working with David to resolve that. We've got that on the -- MR. HUNT: Any time that you turn up a new service, it takes some tweaking up, if you will, between the -- the firewalls and the local area network, because this is riding on the County's local area network, so we have to work very closely with your I.T. people in making sure that there's enough bandwidth there. But where we're using it throughout the country, there hasn't been a problem. COMMISSIONER LETZ: I guess my other question is, this looks incredibly complicated for a phone call just to get from here to Washington, D.C. MR. HUNT: Thank you. COMMISSIONER LETZ: Is it really that n-z~,-„ 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1F 17 18 19 20 21 22 23 24 25 complicated? Is this what really is going on now and we just don't know it? MR. HUNT: Yes, it's going on now. This is -- we have -- we own a telephone company down in South Texas, and this is what we're doing there with our local telephone company. So, this is the -- this is where it's going. One thing I will say is that the cellular has lowered the bar on the quality of service, and this is better than cellular. COMMISSIONER LETZ: I hope so. COMMISSIONER WILLIAMS: I have one additional question. Somebody said this is -- is this a replacement service for what we currently have, or is this in addition to what we currently have? MR. TROLINGER: For the courthouse, I see it replacing all long distance. COMMISSIONER WILLIAMS: It is a replacement service? MR. TROLINGER: But we still have the option to dial 9 and use the KT long distance if -- COMMISSIONER WILLIAMS: Now you've confused me. Is it a replacement service or it is an additional service? MR. HUNT: I'd say it's additional. MR. TROLINGER: It is additional. a-z~~-us 29 1 2 3 4 5 b 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 MR. HUNT: Because you have an option. MR. TROLINGER: Right. We don't have to turn off one or the other; we have both. COMMISSIONER WILLIAMS: So we can do -- dial 9 and a 1 and we'd be on SBC's net, or whomever's net that KTLD -- MR. TROLINGER: Correct. COMMISSIONER WILLIAMS: -- contracts with? MR. TROLINGER: Correct. COMMISSIONER WILLIAMS: Or we can dial 7-7 and we can qo out through the Frontera blue box connecting to some other -- MR. HUNT: That's right. COMMISSIONER WILLIAMS: -- colored box? COMMISSIONER BALDWIN: Through the clouds. MR. HUNT: Through the clouds. COMMISSIONER WILLIAMS: Somewhere in cyberspace. Okay MR. TROLINGER: And the only thing I have to add -- is there another question? COMMISSIONER BALDWIN: One more question, and this is it. Do we have a broader hand today than we did with KTC? MR. TROLINGER: Yes. COMMISSIONER BALDWIN: Okay. a zu-os ~n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L2 23 24 25 MR. TROLINGER: Only other thing I'd like to say is the -- what I believe initially started this was the billing and auditing issue of the KTLD's long distance bill. It basically put our Auditor's office under a lot of pressure -- a burden, actually -- to distribute the cost to each user, each department. And Frontera's worked with us to design the billing exactly the way it -- the Auditor's department needs it so that they're back to a streamlined, more efficient operation there. COMMISSIONER LETZ: Question I have before we, I quess, move nn with this is, we have -- it's styled to accept basically the Frontera contract, but what I'm also hearing is that we need to also have the KTLD contract approved, because we need to have -- if you're going to dial 9 to get out that way, we need to have a contract for that service as well, correct? MR. TROLINGER: Yes. COMMISSIONER WILLIAMS: Anybody else want to weigh in on this? MR. TROLINGER: Well, I think it might be a legal consideration for the County Attorney, because we -- we received bids for long distance service, and we accepted a bid for long distance service. COMMISSIONER LETZ: We frequently accept multiple bids. R ~ 11 `. 31 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 2 J MR. HUNT: Excuse me, but we gave you an option in there. MR. TROLINGER: For the land lines, right. (Discussion off the record.) MR. TROLINGER: Well, the only question I have is, since we accepted a bid -- a bid for long distance service, do we have to use that bidder's service, or can we continue with the existing contract from KTLD? COMMISSIONER WILLIAMS: I think that's sort of what I was driving at a moment ago. MR. TROLINGER: That's what I don't know. SHERIFF HIEP.HOLZEF.: My understanding, the Sheriff's Office, we're going to have to have KTLD, because this will not give us but one long distance line under this service. MR. TROLINGER: Initially. SHERIFF HIERHOLZER: Okay. Which would have to have us -- we have two different services totally. The only other concern, if we add additional lines for the Sheriff's Office under this service, then your bandwidth is not wide enough, and the next step up on the bandwidth is an additional $350 a month, give or take a few dollars, that will be required out of the Sheriff's Office budget or county budget to pay for additional bandwidth. Then you're going to have the $350 a month additional bandwidth charge, - ~ - U J 32 1 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 10 19 20 21 ?~ 23 24 25 and still end up with KTLD service. MR. TROLINGER: I've looked at the network layout and done some application engineering work over the weekend. This basic diagram is really good, and it will become much -- it's much more complicated in detail, but I've looked at a way to use our existing dedicated line from the Sheriff's office to carry some of that traffic to -- to make up the difference on -- COMMISSIONER WILLIAMS: Don't look at me, Sheriff. SHERIFF HIERHOLZER: Don't look. MR. TROLINGER: It's a little complex. SHERIFF HIERHULZER: I'm very concerned about our long distance service that we have out there and having to go to different ones, and then, if we go to this, the additional cost it's going to require. I'm concerned whether it's going to be enough to support the training facility stuff that we're looking at with AACOG. Right now -- and I don't know enough about the broadband, but right now I have some serious questions whether we're going to have our -- the same type of service that we have right now to be able to make long distance. COMMISSIONER LETZ: It seems to me this Frontera proposal will save us money, but I think we need the backup with KTLD. You know, if -- you know, if it's a 8 - U - ~ i 5 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 quality issue or if it's a bandwidth issue, whatever the issue, we need to gave a backup, and I don't see a problem with us, subject to the County Attorney looking at the contract, accepting both contracts. We do that frequently. MR. TROLINGER: Curtis might have an answer for you. MR. HUNT: The -- the other option -- we had an option -- was it Option A and B or Option 1 and 2? MR. TROLINGER: Yes, A and B. MR. HrJNT: I don't remember which it was. The other option that we had in our proposal was that we can provide you, by -- and, actually, it's an agreement -- a contract we have with Sprint to where, when you dial a 9 and a 1, that call then would -- we would pick it up out of the Kerrville Telephone Company office, and Sprint, in effect, would deliver that call for us. We would then include that in our billing back to the County. So, there were two options. One was -- one was the 7-7-1-plus r_all. The other one is the -- the conventional 9-1. See, 'cause you have to pick -- right now you pick to KTLD when you dial a 9 and a 1. You're picked to Kerrville Long Distance, and it ships out on Kerrville. We're saying we change that pick to where, when you dial a 9 and a 1, it goes out over Frontera, but it's actually out over the Sprint network. We have a contract with Sprint nationwide to use that. Does that make e .u-..s 34 1 3 4 5 6 7 ft 9 10 11 12 13 14 15 15 17 1 ki 19 20 21 22 23 29 5 any sense? That was an option that we -- you know, that leaves you your two different -- your two different paths out of here, completely separate, and yet the billing, which is very important to the accounting group, the billing will all be done in one bill. COMMISSIONER LETZ: What's the cost of the -- of that service? MR. TROLINGER: You were at 7.5 cents. MR. HUNT: 7.5. SHERIFF HIERHOLZER: .75. MR. TROLINGER: I'm sorry? MR. HUNT: Seven and a half cents. MR. TROLINGER: Seven and a half cents per minute. JUDGE TINLEY: That's not my recollection. My recollection was that the standard were -- MR. HUNT: I'm just the owner of the company. JUDGE TINLEY: -- five cents and four and a half cents, is my recollection. MR. TROLINGER: Right. Option A of the Frontera bid was for 4.5 cents per minute with no line charges, and using the voice-over IP. Option B from Frontera was that they could also provide us Sprint long distance on the existing lines, but at 7.5 cents per minute. COMMISSIONER WILLIAMS: Which is two and a g-fin-U5 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2U 21 22 23 29 25 half rents higher than Kerrville -- KTLD. MR. TROLINGER: Correct. So I thought this was the best of both worlds. We'd have the -- the inexpensive long distance voice-over IP, and we could move the courthouse users over to that, resolve the billing issue, and then as a backup, we still have an inexpensive service by dialing 9 with KTLD. COMMISSIONER BALDWIN: Let me make a run at this thing. We have -- and I made the motion last meeting to approve the contract with Frontera, and -- but the County Attorney needed to sign off on it first, and are you ready to do that? You still -- MR. EMERSON: On the contract? COMMISSIONER BALDWIN: Yes. MR. EMERSON: No, sir. I had some concerns that I passed back to John and the Judge to communicate and try to work out. COMMISSIONER BALDWIN: So we're not ready to do that. But I think the question here today is, let's assume that all goes well and we approve the contract with Frontera. Can we automatically keep the contract with KTC at the same time? MR. EMERSON: I think the answer to that depends on how the proposal was put out for bids, and I don't know if it was put out as an exclusive provider e-z~, ~ , 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 ~4 ~5 proposal or just a wide-open offer. I don't know the answer to that. COMMISSIONER LETZ: We can check that between now and our nett meeting when we finally wrap all this up. JUDGE TINLEY: You know, the County Attorney's still got some requirements, and so I'm not sure we're in a position to take final action right now anyway. COMMISSIONER BALDWIN: No, we're not. I just said that. My only concern was -- was the 9-1-1. Are we going to be able to get an ambulance over here? They may not run to a county facility; I don't know. COMMISSIONER WILLIAMS: You can stand out on the corner and let them pick you up. COMMISSIONER BALDWIN: Yeah. COMMISSIONER NICHOLSON: Don't call them, Commissioner; we lose $200, $300 on every run. (Laughter.) COMMISSIONER BALDWIN: Okay, I'm going to shut up before y'all jab them to death. That was my concern, was the 9-1-1 service and the zero -- the operator service. MR. HUNT: Commissioner -- COMMISSIONER WILLIAMS: I want a clarification on one other thing that's been bandied around here a little bit. Mr. Trolinger, you keep ma}:ing reference to billing issues. What is -- what are the billing issues? n-z~-~~ 37 1 2 3 4 5 E 7 8 9 10 11 1G 13 14 15 16 17 18 19 20 21 22 ~3 24 25 How are they being improved by Frontera, or how have they failed to be improved by KTLD? Could you enlighten us on that, please? MR. TROLINGER: Yes. KTLD changed their billing system from the existing or previous KTC -- KTLD billing to Valor Communications billing system. The first bill came in -- where normally we might receive a dozen, two dozen pages, the first bill came in at, I believe, around 300 pages. Each individual call was specified. The Auditor's office then had to qo and tabulate each one of those for each department. COMMISSIONER WILLIAMS: No wonder he was so unhappy. MR. TROLINGER: We worked with -- and the Auditor and I think Commissioner Baldwin worked with -- with the local KTC office to try to get that billing corrected and get it to the point where it was before, and -- COMMISSIONER BALDWIN: And they did. They corrected everything that we asked them to correct. MR. TROLINGER: Okay. COMMISSIONER BALDWIN: Going to tell the truth here today. MR. TROLINGER: Okay, I didn't know that. I thought -- the latest bill that I looked at, it was just for approval, but it still was not -- ~n n 3b 1 7 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 l~ 20 21 22 23 24 25 COMMISSIONER BALDWIN: No, they corrected absolutely everything and then lowered the price, but go ahead. MR. TROLINGER: Okay. And somewhere -- somewhere before the correction was made, obviously, this Notice of Publication went out for soliciting bids for long distance. Frontera's solution was to install a test system of two lines here at the courthouse, and one just did get installed at the Sheriff's Office, and to take that information to use as an example billing statement to the County. The Auditor's office received that, gave Frontera some feedback. Frontera changed it exactly the way that the Auditor's office had requested it, and they're happy with the Frontera billing. COMMISSIONER BALDWIN: What was your question? COMMISSIONER WILLIAMS: I think I heard you -- MR. TROLINGER: So, basically -- basically, we went through a process where Frontera -- where they accommodated us, and the Auditor's office is happy with the -- COMMISSIONER WILLIAMS: So, the bottom line is, if I understand correctly, based on what Commissioner Baldwin said, there are no billing issues that remain; is a-zn-n=. 39 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that correct? MR. TROLINGER: Sounds -- yes. COMMISSIONER BALDWIN: That is corre~~t. JUDGE TINLEY: Anything further on this from any member of the Court? COMMISSIONER BALDWIN: No, sir. JUDGE TINLEY: Let's move on to the next item. COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Consider, discuss, and take appropriate action, including amending and establishing deadlines for acceptance on proposed Animal Control contract with the City of Kerrville. COMMISSIONER NICHOLSON: I'm going to talk in a minute about bringing the contract to a conclusion, but Commissioner Letz has got some information about how we can follow the pattern that's being used elsewhere to get all of our costs in the contract. COMMISSIONER LETZ: What I -- both the airport and, I presume, the EMS -- though I was never given that information, but I -- I know the airport, a percent of the Human Resources Department is attributed to that project or that budget at the airport, and it's rightly -- it should. I have no problem with the way it was done in the city. County has never done that. We have never attributed R 2 [) U S 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 a portion of our Au~4itor's office and Treasurer to any of our contracts. But I thought that if we're going to -- you know, we ought to treat each other equally. That's what I keep hearing from the City. So, I made an attempt to do that. Now, in the backup, I looked at it two ways. The first page is administrative costs for Animal Control using budgets. I took the total Animal Control budget, and that's -- I believe I used last year's numbers. Took their total budget divided by the County's total budget and came up with that budget is 1.22 percent of our total budget. And then I multiplied -- then I took the next -- say, County Auditor, Treasurer, Maintenance Supervisor, I took the Auditor's Department budget -- or I shouldn't say I did; I should say Kathy did -- Treasurer's budget, and then the Maintenance Supervisor's, only not his whole budget, 'cause the rest of Maintenance is figured in already. That came out to $309,620. Multiply that by that 1.22 percent and you get $3,077 -- or $3,777. And then the lower part, I took the Animal Control budget, and where it says Commissioners Court, 3,772,000, that's the budgets that report straight to us -- and that doesn't look right on that. Those are budgets that report straight to us. Did the same math, came out to 5.57 percent of their budget kind of was directly under us compared to other departments that report straight to the e .u ~~~ 91 1 3 9 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 Court. I took Commissioner Nicholson's salary, the Court Administrative Assistant salary, and came out to $70,166, and multiplied it by the percentage and came to $3,908. Those are the components that come in that, to me, should be added to the cost of that. And then 60 percent of that total, if that's the breakdown we're using in the contract, I believe attributed to the City. And the other part, the second page is the same calculation using number of employees as opposed to dollars, and came out with a higher group of numbers. But, I mean, it's the same basic calculation. COMMISSIONER BALDWIN: Can you back up just a second? Back on Page 1, you said something about 60 percent right at the end. What -- COMMISSIONER LETZ: The current contract that I believe was sent over to the City or that we've discussed is that 50 percent of the Animal Control budget is for work being -- or percent, I guess, of the work is done in the city. COMMISSIONER BALDWIN: Oh, I see. COMMISSIONER. LETZ: And we're -- on an equitable breakdown, it came out that they would fund 60 percent of the cost. Therefore, they would -- if we add these numbers or the Page ? numbers into the total administrative costs, 50 percent of that total would then be a-za-us 42 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 added on top of their actual budget numbers. COMMISSIONER BALDWIN: So the question is, are you going to use the budget or number of employees? COMMISSIONER LETZ: Or something in between. I mean, those are just two -- you know, and I didn't want to really belabor this in great length to try to figure out exactly how many employees. We didn't figure in Jannett's time to go back and count court orders and all that. I'm not going to get into that kind of detail. But this is a pretty good idea looking at both dollars and employees. And I think it is -- you know, technically, right now we're spending all of our time on it on the Court, but Commissioner Nicholson is liaison, so I just attributed that time, so I'm being very conservative in my numbers, in my opinion. COMMISSIONER WILLIAMS: On each of these pages, there are two different formulas? Or do we add these two numbers together? COMMISSIONER LETZ: You add the numbers in bold together. COMMISSIONER WILLIAMS: I see. Okay. COMMISSIONER LETZ: And I don't have a calculator here. I should have done that, I'm sorry. COMMISSIONER WILLIAMS: Judge has got his magic machine there. e .o-os 43 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: On the first page, it would be 3,777 plus 3,908. JUDGE TINLEY: And then a 60 percent factor? COMMISSIONER LETZ: Well, what's the total? COMMISSIONER WILLIAMS: And the answer is? JUDGE TINLEY: I'm figuring the 60 percent. First one was 9,511. The second one is 7,351. COMMISSIONER NICHOLSON: It doesn't take 50 percent of those. COMMISSIONER LETZ: Yeah. COMMISSIONER NICHOLSON: Do you? Okay, qo ahead. COMMISSIONER WILLIAMS: The total on the first page is 63-something? COMMISSIONER LETZ: First -- JUDGE TINLEY: First page, 9,611. Second page is 7,351.80. COMMISSIONER BALDWIN: That's at the 60 percent. COMMISSIONER LETZ: Like I mentioned in court, I didn't think these were going to be huge numbers one way or the other, but I -- you know, I think it's appropriate to do it this way. COMMISSIONER NICHOLSON: It's consistent with other practice. H-°~~-os 44 1 3 4 5 6 7 8 G 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Consistent with our other contracts. But I don't really have any strong preference as to which form you use. JUDGE TINLEY: An average of those two numbers is 5,981.40. Rounded off -- COMMISSIONER WILLIAMS: That's on Page 2? JUDGE TINLEY: An average of the two numbers, of the two 60 percent numbers. COMMISSIONER WILLIAMS: Oh. COMMISSIONER LETZ: That's fine. COMMISSIONER WILLIAMS: What's the first one? JUDGE TINLEY: 4,511 is 60 percent on the first page. 60 percent of the second number is 7,351.80, and then if you take an average of those two, it comes out 5,981.40. $6,000? COMMISSIONER WILLIAMS: Thank you. COMMISSIONER NICHOLSON: Okay. I'm going to make a motion that will include that. COMMISSIONER LETZ: Which one? COMMISSIONER NICHOLSON: $6,000. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: On June 27th, we sent a proposed contract to the City of Kerrville with the -- including them paying their fair share of the h0 percent rate, and we have not had a response on that. And then in a e .o-~~s 95 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 G1 22 23 24 e~ 5 minute, we'll talk about the library contract. We need to nail that down so we can finish our budget. We need to know if we're going to run an Animal Control facility only for the county outside of Kerrville, or for the -- for the entire county. So, I'm going to make a motion that we amend the contract that we offered in a letter dated June 27, to amend Paragraph 6(a) to include 60 percent of the budgeted Animal Control expenses plus $6,000 for administrative expenses, and give the City of Kerrville until 5 p.m. July the 7th -- COMMISSIONER LETZ: July? COMMISSIONER NICHOLSON: I mean September 7th, to make a decision on the contract. COMMISSIONER LETZ: Is that -- what day of the week is that? COMMISSIONER NICHOLSON: A Wednesday. JUDGE TINLEY: I don't think -- COMMISSIONER LETZ: They won't meet -- JUDGE TINLEY: They won't meet before then. MS. MITCHELL: Second Tuesday. JUDGE TINLEY: They meet the second Tuesday. COMMISSIONER BALDWIN: What does that have to do with it? COMMISSIONER NICHOLSON: We're having a meeting this afternoon. I'll -- are we going to be okay 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 2.3 24 25 waiting another week to -- to have the numbers we need for our budgets on that and the library contract? COMMISSIONER LETZ: I mean, I think so. I mean, I -- COMMISSIONER NICHOLSON: Okay. Let me change that to the -- the deadline to be September the 14th at 5 p.m. That's a Wednesday. JUDGE TINLEY: Okay. COMMISSIONEP. LETZ: Second. JUDGE TINLEY: Motion made and seconded. Any question or comment? All in favor of that motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) COMMISSIONER LETZ: I'll just make a brief comment on that, and I think that's being extremely generous. I mean, I think the City, as I understand, has voted on their budget, and I think it's kind of odd they haven't told us what they're doing. The press is saying they have not voted on it. Well, either way, I mean, I think this is still -- this has been -- they've had this before them for months. JUDGE TINLEY: Anything else on that particular agenda item? Let's move to the last item for a ~~~_~,5 47 1 _ 2 3 4 5 6 7 8 9 10 11 12 .- 13 14 1J 16 17 18 19 20 21 22 23 ~". 2 4 2 J today, consider and discuss, take appropriate action, including amending and establishing deadlines for acceptance, on proposed library contract with the City of COMMISSIONER NICHOLSON: I'm going to try to be real brief on this. Two-minute tour of the history of the last two years on the library contract. June 18, 2009, Commissioner Williams got a letter informing the County that the City wouldn't -- would not be meeting with us to discuss joint contracts in general, and the library contract in particular. On May 6th, 2005, I sent a letter to Antonio Martinez, the director of the library, asking him to set a meetinq with me to comply with the contract in existence that requires that the library director and a -- a member of Commissioners Court appointed by the Court meet together over the details of the library. On May 18, Judge Tinley got a letter from the then City Manager saying that they didn't intend to conduct such a meeting; they didn't intend to comply with the ~~ontract. On June 24, the Library Advisory Board Chairman, Mr. Randall Johnson, wrote the Interim City Manager asking a representative of the City and the County meet with the Library Board and discuss the budget. I responded I thought that was a good idea; I was ready to meet, and the Library Board didn't get a response from the City on that offer either. b - 2 u ~~ 5 4R 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 So, the last action that was taken was in the -- on behalf of this Court. In our last budget meeting, we penciled in an amount so we could keep our budget process going. We penciled in an amount of $3,000 -- I mean $300,000. Today, I talked with the City Manager's -- Interim City Manager's secretary. He and I have a meeting on Friday to discuss the budget. I don't know if that includes discussions of the contract or not, but anyhow, they've had the contract in-hand since June 27th. And I propose and make a motion that we set a deadline of September 14th at 5 p.m. on our offer for a library contract. COMMISSIONER BALDWIN: Is that the only thing in your motion, is the deadline? COMMISSIONER NICHOLSON: Yeah. COMMISSIONER BALDWIN: I'll second that. I think you're being very generous with this time frame, but -- COMMISSIONER LETZ: Well, I think on -- on this one, you know, I have no problem with having the contract by that date, but I don't know what difference it makes currently. I mean, but the -- I think the expenditure is -- I think the amount that we set at our last meeting is the amount we're going to fund the library. They need to adjust their budget accordingly. __ n~ 99 1 2 3 4 5 6 7 8 9 10 11 1`G 13 14 15 16 17 18 19 ~0 21 72 23 24 GS COMMISSIONER NICHOLSON: I'm thinking, Commissioner, that probably we should not be making -- sending funds to the City without a contract. COMMISSIONER LETZ: I would agree -- I agree with that, and that's something they need for the contract for that reason, but I think that the amount that -- I mean, their lack of giving us any information, you know, I stand by the amount that we penciled in for the budget, I think, which was -- and I can't remember what it was. COMMISSIONER NICHOLSON: 300,000. COMMISSIONER. LETZ: 300,000. COMMISSIONER WILLIAMS: Your motion was to set a deadline for them to respond to us? COMMISSIONER NICHOLSON: Yes. I'm not proposing any changes in the contract, just saying we need to know by the 14th of September whether or not we've got a contract. COMMISSIONER WILLIAMS: Would it be fair -- well, I guess it would be fair. To-date, you have received no budget numbers, no printout, nothing that indicates what the operating categories and expenses are? COMMISSIONER NICHOLSON: Commissioner, some time ago I attended a -- like, six weeks or two months, an advisory board meeting where a -- you know, 45, 50 pages of budget preparation documents were handed out. At that time, a . .,-0 50 1 2 3 9 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 they hadn't been submitted to the City. No -- no recap or totals or anything like that. So, no, that's the only thing. I've got nothing from the City. COMMISSIONER WILLIAMS: Thank you. COMMISSIONER LETZ: I mean, I think the -- I don't think them just signing off on the contract -- I mean, I'm not sure where we are versus -- you say the same contract we currently have. Well, they haven't lived up to that contract, so I'm not willing to sign that contract until they start -- I mean, why should we sign a contract and then have them not follow it? They haven't followed it in -- I've been a commissioner nine years. Nine years, they haven't followed the contract, so why should we sign the same contract again? It just makes no sense to me. COMMISSIONER WILLIAMS: Well, we asked to renegotiate that contract, I think, over two years ago. COMMISSIONER LETZ: Well -- COMMISSIONER NICHOLSON: Commissioner, it's a good question. There might be one reason for signing the new contract, and that's because the proposal we made would be -- would have the opportunity to bring better governance to the library. That would be that -- that board that's created a little bit like the Library Board. It's got some specific authorities and responsibility. That's -- that's all that would be new, as far as I know. 5_?n u_ 51 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: I mean, I want to have a contract and I want to fund the library, but I see no point in -- you know, and I think the only leverage we have is our funds. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: And that doesn't appear to be very much. COMMISSIONER NICHOLSON: No, it doesn't. COMMISSIONER LETZ: So, I -- you know, until, you know, I get an indication from City Council that they're going to make their City staff live up to the contract, I'm not willing to approve that contract. And -- you know, so I think that should be what you need to convey at your meeting with the City Manager -- or Interim City Manager, that I think we're at a point that City Council has to say, "We are going to direct our staff to live up to the terms of this contract," and then I'll go along with it, 'cause I believe those folks. But, so far, I see no reason to enter into a contract with them under the same scenario we have for past years. COMMISSIONER WILLIAMS: Well, I think it's safe to say that there's a willingness on the part of the Court -- most of the members of the Court to fund that library, but I don't understand the unwillingness to be communicative about it and to forward the document, or to ~_,n-os 52 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 sit down and negotiate the changes that are necessary. DODGE TINLEY: Anything further? COMMISSIONER NICHOLSON: No. All we're doing at this time is setting a deadline. COMMISSIONER LETZ: And -- COMMISSIONER NICHOLSON: And I'll communicate the -- COMMISSIONER LETZ: And also, I'd also communicate the amount that we're budgeting, and we don't see that changing, possibly. JUDGE TINLEY: Anything further? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) DODGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Anything else to come before the special meeting? COMMISSIONER BALDWIN: See you Wednesday. DODGE TINLEY: If not, we will adjourn that meeting. And why don't we take about a 10-minute break here, and we'll come back and do our workshop here in -- it was scheduled for 2:00; we're running about 30 minutes behind. (Commissioners Court adjourned at 2:33 p.m.) q - ~ n - ri 5 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 STATE GF 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 Y.errville, Texas, this lst day of September, 2005. JANNETT PIE PER, Kerr County Clerk BY: -~~~r~"SE~ -- - Kathy Ba ik, Deputy County Clerk Certified Shorthand Reporter n-zo-o~, ORDER N0.29345 ESTABLISH FAMILY PROTECTION FUNDS Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Set the Family Protection Fund fee at $30.00 to be charged as an additional fee on the filing of all divorces or annulments. ORDER NO. 29346 ESTABLISH CHILD ABUSE PREVENTION FUND Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Set the Child Abuse Prevention Fund fee at $100.00 to be charged on any conviction of sexual abuse of a child. ,., ORDER NO. 29347 SET AMOUNT TO BE PAID TO KERR COUNTY JURORS Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Rescind Court Order No. 29326 and adopt the recommendation of the District Clerk with regard to payment of jurors as follows: Set the fee paid to jurors at: $6.00 per day for the first and any other day required to report as a prospective juror. $15.00 for the first day, including the day the panel was sworn ,_ but did not hear testimony; and $40.00 per day for the second and each additional day served thereafter. ORDER N0.29348 SET AMOUNT FOR JURY CASH ON HAND FUNDS Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Set cash on hand amounts for jury funds at $6,000.00 for the District Clerk, $2,500.00 for the County Clerk and $500.00 for JP courts. ORDER N0.29349 APPOINTMENT OF MEMBERS TO EMS ADVISORY COMMITTEE Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: To appoint the following as members of the Committee consisting of James A. Murphy, Joe Herring, Jr. Walter Schellhase, Gordon Morgan and Ray Lehmann pursuant to amended draft memo. ORDER NO. 29350 PREPARATION OF MEMORANDUM OF UNDERSTANDING FOR CONSTRUCTION OF ANIMAL CONTROL FACILITY Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Authorize the County Attorney to prepare a Memorandum of Understanding containing construction specifications, funding requirements, and other appropriate conditions in connection with the construction of a new kennel and operations building, and bring back Contract to Court for authorization. ORDER N0.29351 AMENDMENT OF ANIMAL CONTROL CONTRACT WITH CITY OF KERRVILLE Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Amend the Animal Control Contract with the City of Kerrville which was offered June 27, 2005, including Item #6A to include sixty (60%) percent of the budget expense and six thousand ($6,000.00) dollars Administrative expense to be paid by the City of Kerrville, and to set a deadline of 5:00 p.m. on September 14, 2005 for the City of Kenville's response to same. ORDER N0.29352 ACCEPTANCE OF PROPOSED LIBRARY CONTRACT WITH THE CITY OF KERRVILLE Came to be heard this the 29th day of August, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Set September 14, 2005 at 5:00 p.m. as the deadline for the City of Kerrville to respond regarding the proposed Library Contract.