>~ 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COURT Regular Session Monday, September 12, 2005 9:00 a.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas v CS" 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. 9 1 --- 2 3 4 5 5 7 8 9 10 11 12 .--. 13 14 15 16 17 18 19 20 21 22 23 24 25 2 I N D E X September 12, 2005 Visitors' Input Commissioners' Comments 1.1 Consider/discuss accepting maintenance of Scenic Ridge Road upon completion of construction that meets county standards 1.2 Announce October as Texas Archeology Month in Kerr County 1.4 Consider/discuss authorizing Kerrville Area Chamber of Commerce to coordinate Kerr County Sesquicentennial Celebration in combination and consultation with Commissioners' Court, Historical Commission, and representatives of cities and towns within the county 1.3 Approval for League of Women Voters to use a District Courtroom for voter education the evening of September 20, 2005 1.11 Consider Final Plat of River Road P.anch, Pct. 9 1.13 Set a Public Hearing for Revision of Plat for The Reserve of Falling Water Lots 34-37 1.5 Public Hearing for Revision of Plat for Whiskey Ridge Ranches, Section 2, Lots 17 & 18, Pct. 3 1.6 Consider Final Revision of Plat for Whiskey Ridge Ranches, Section 2, Lots 17 & 18, Pct. 3 1.14 Consider a Resolution of non-compliance pursuant to 3.04 of Kerr County Subdivision Rules and Regulations to be posted in the Deed Records 1.7 Public Hearing for Revision of Plat for Kerrville Country Estates Section Two, Lot 34A, Pr_t. 1 1.8 Consider approval of Final Revision of Plat for Kerrville Country Estates, Section Two, Lot 34A 1.9 Public Hearing for Revision of Plat for Mosty Pecan Grove, Vol. 7, Page 295, Pct. 2 1.10 Consider Revision of Plat for Mosty Pecan Grove, Vol. 7, Page 295, Pct. 2 1.12 Consider letter to Headwaters Groundwater Conservation District concerning compliance to Kerr County Subdivision Rules and Regulations 1.15 Consider/discuss procedures for the paying and reporting of expenditures involving penalties, fees, interest, or other costs associated with late payment or other administrative system failures 1.18 Consider Interlocal Agreement between Kerr 911 and Kerr County 1.16 Consider/discuss, take appropriate action on Library Contract with the City of Kerrville PAGE 4 11 16 35 36 43 45 47 49 49 50 55 56 57 58 61 63 69 72 1 2 3 9 5 6 7 8 9 10 11 12 ^- 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X (Continued) September 12, 2005 PAGE 1.17 Consider/discuss, take appropriate action on Animal Control Services Contract with the City of Kerrville 92, 227 1.19 Consider authorizing expenditure not to exceed $5,000 for Professional Services to meet the requirements of TWDB for Regional Wastewater Facilities Planning Grant for Center Point 99 1.20 Consider appointing a Board of Directors for over- sight of Kerr County Juvenile Detention Facility 103 1.21 Consider adopting Policy and Procedure Manual for Kerr County Juvenile Detention Facility 107 1.22 Consider/discuss, take appropriate action to reaffirm County's support of development of the Hill Country Shooting Sports Complex 113 1.23 Consider/discuss, take appropriate action on FY 2005-06 budget 122, 235 1.24 Consider/discuss, take appropriate action on the organization of Maintenance Department 228 1.25 Reports from the following departments: Information Technology 239 Road and Bridge 246 Facilities and Maintenance 253 4.1 Pay Bills 258 9.2 Budget Amendments 262 4.3 Late Bills 273 4.4 Approve and Accept Monthly Reports 274 5.1 Reports from Commissioners/Liaison Committee Assignments 275 --- Adjourned 276 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~ 23 24 25 4 On Monday, September 12, 2005, at 9:00 a.m., a regular 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: Good morning, ladies and gentlemen. Let me call to order this regularly scheduled meeting of the Kerr County Commissioners Court scheduled for this date and time, Monday, September 12th, 2005, at 9 a.m. It's just a bit past that now. Commissioner Williams, you are up this morning. COMMISSIONER WILLIAMS: Will you please rise and join me in a word of prayer followed by the pledge of allegiance. (Prayer and pledge of allegiance.) JUDGE TINLEY: Thank you. At this time, if there is a member of the audience or the public that wishes to be heard or to tell us something that's on their mind that doesn't relate to a specific agenda item, feel free to come forward at this time. If you are wanting to speak on an item that is a listed, specific agenda item, we'd ask that you wait until that item is called, and then you'll be recognized, and in that event we'd ask that you fill out a participation form. The forms are at the back of the room, or should be. If not, if you'll give us a holler, we'll get ~?-i_-as C J 1 .'- 2 3 9 5 6 7 8 9 10 11 12 -- 13 14 15 16 17 18 19 20 21 22 23 24 25 some ba~~k there. It's not absolutely essential that you do that; it just helps me to not miss you when that agenda item comes up. But at this point in time, if there's any member of the public that wishes to be heard on any item that is not listed as a specific agenda item, feel free to come forward at this time. When you come forward, if you would, if you'd give your name and address so that the reporter can take that down. MS. HOLEKAMP: I'm Wanda Holekamp, 121-A Barnell Road, Comfort, Texas. I'm here to speak on behalf of the FCS agent position, the County Agent for Kerr -- for Kerr County, whom we haven't had one for over a year, and we're sorely missing the leadership that this person provides for the people -- members of the Education Extension Association, as well as the youth of this community. We need that position. There's another function this position serves, and it's for those people who fall -- do not have health insurance and are not covered by other plans of insurance. It does a lot of work for nutrition and for helping those people manage their lives and to live a better life, and I feel that this County needs to support those people as well as the position. And -- and so far as cost of the position, it's only -- the County only pays a small part of that salary, so I wish you would consider retaining that position. Thank you. e-iz-os 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 JUDGE TINLEY: Thank you, Ms. Holekamp. Is there any other member of the audience or the public that wishes to be heard on any item? Please come forward, ma'am, and if you'll give your name and address? MS. LINDNER: My name is Ruth Lindner, and I'm from Comfort. I live at 314 Holiday Road, and I'm here to speak on the same issue that Wanda Holekamp is. I was born in Kerrville, I graduated from Tivy High School, I went to Schreiner for a year, and then I went to the University of Texas where I received a Bachelor in administration -- Business Administration, BBA degree, and I married Harvey Lindner from Comfort. We lived in San Antonio for a long time, and I taught school for 20 years, and then I'm now a retired teacher, and I'm still interested in education, not just for myself; for my family and for the community. I feel that one of our big goals on the nationwide level is to promote good health and teach us to not just eat a good diet, but to exercise so that we are healthy people. We have a big, wonderful program in Medicare, but it's going to flounder with all of our obese people in the United States, and we need to address the issues that are in our county. We should look at Louisiana. Some of us have watched on TV what was going on. They were given money to build a safer town for New Orleans. They spent the money on other things, and because of that, they got flooded in a G- 1 2- 0 5 1 ~° 2 3 9 5 E 7 8 9 10 11 12 -~ 13 14 15 16 17 18 19 20 21 22 23 '° 2 4 25 very bad way, and it had something to do with decisions that were made by their leaders. And I think we should learn from that, that we need to make the right decision, keep someone in the position of County Agent who serves the community, not just these clubs that we belong to. I'm a member of the Cypress Creek Club and have been for 22 years, and my interest in the club is not just to have a good time. We are an education organization and we do wonderful things. And when I say "wondertul things," the healthy aging conference that was held the past three years; we had it here in Kerrville, then we had it in Fredericksburg, and this year we had it again in Kerrville, and the County Agents in Fredericksburg and Kerrville were the ones who organized it and put it on. It was very worthwhile. It was for the community, not just for a few select people, but it certainly was helpful. And recently we had this appear in the Express News, and it has to do with children, teaching them the right foods to eat and how they can live their lives so that they will be healthy when they get older, when they're adults and when they're senior citizens. We have lots of senior citizens here in the Hill Country. We have a lot of senior citizens in Kerrville, and we want to have healthy people as young people grow up and get older. We all need to address that, and we feel that Amy Chapman did a good job y-~z-a, 8 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 in that position, and I assumed that you all were going to replace her. And I would be happy if you hired he r_ back. But I don't like to hear that you've decided not to hire someone in that position, that you could use the money for a better purpose. I don't think you could use it for a better purpose than to have someone in this position. Thank you. JUDGE TINLEY: Thank you, Ms. Lindner. Is there any other member of the public or the audience that wishes to speak on a specific agenda item that is not listed as a specific agenda item? MS. CALCOTE: Yes, sir. JUDGE TINLEY: Ms. Calcote? MS. CALCOTE: Y'all probably don't want to see me. I'm Hazel Calcote, 1701 Calcote Road, Kerrville, and I've lived here 54 years. Love it, and I'll die fighting every last one of you for it. And first I want an answer from y'all; I got a question. Why have you all not hired someone to replace Amy? I just learned it's been nearly two years since we've had a female County Extension Agent. Why are you-all's requirements more important or better than A & M's supervisory district's recommendation? Is y'all's agenda 36-24-36? Why haven't you hired something? Can you answer that, sir? JUDGE TINLEY: Well, we're not permitted on this portion of the agenda to interact. We're certainly a-zz-o5 9 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 willing to listen to anything you have to say. When it comes up for that specific -- when that specific item comes before us, of course, we'll enter into discussion and dialogue and be happy to talk with you about that specifically at that time, but on this portion of the agenda, we are privileged to listen but not respond. MS. CALCOTE: Okay. That's your Fifth Amendment, in other words. JUDGE TINLEY: Pardon? MS. CALCOTE: That's your Fifth Amendment, in other words. JUDGE TINLEY: I -- in a sense, Hazel, that would be correct. MS. CALCOTE: Yes. JUDGE TINLEY: In this portion. MS. CALCOTE: Okay. JUDGE TINLEY: Now, later on, if we get into a specific item dealing with that, we don't have that Fifth Amendment available to us. MS. CALCOTE: Okay. Just at some point in time, I want y'all to answer my questions. Not -- in a courtroom, not on a corner somewhere. And the next thing is, I'm here for the kids. I've always loved kids and horses, in that order, and I want to know why we don't have this female County Extension Agent. Because, granted, we've a-lz-os 10 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 got a super good male Extension Agent who takes care of the ag part, but you all don't realize -- if you've never been in 9-H, you have no concept of how much you learn from it. The female teaches the girls and any boys that are interested gardening, home economics, cooking, sewing, home beautification, nutrition, whole ball of wax. And I'm interested in saving kids, not waiting till they get in trouble and then try to bail them out of the trouble or retrain them, because some kids, it's so imprinted, you don't get them retrained. And, as I understand, y'all didn't want to hire one of them. One of the reasons was that you didn't have enough money in the budget. Prune juice! I suggest that each one of you all, Judge included, deduct an amount from your salaries each month to pay an Extension Agent to make up the difference. As I understand, you only pay 25 percent -- the County only pays 25 percent of her salary anyway, and you all wouldn't miss enough to give her a salary so we can hire one, and so I'm asking all of you to try to help us save kids. If we just save one, we've saved a lot of money. So, please -- immediately, tomorrow, quick -- hire a new County Extension Agent. If Amy -- get her back or someone. And you all were elected to represent your constituents, and not each other. Thank you. JUDGE TINLEY: Thank you, Ms. Calcote. Is there any other member of the audience or the public that ~-12 n5 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Zl ~~ 23 24 25 11 wishes to be heard concerning a matter that is not a listed agenda item? Seeing no one else coming forward, we will move on. Commissioner Williams, what do you have for us this morning? COMMISSIONER WILLIAMS: Nothing right now, Judge. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: I'll address all threw of the ladies that spoke a little bit just briefly on this. AUDIENCE: There's more of us here; we just didn't speak. COMMISSIONER LETZ: As I said, the three that spoke. We have been tryinq to fill that position. We have not had what we felt was a qualified candidate up till now, and I don't know that we have one right now. The last -- I think we -- is it one we've turned down, Judge? Is that correct? Two? But there were -- I mean, we have looked at quite a few, and for reasons of not suiting our community, not living in the community, we didn't think it was a good match. So, we have tried to fill that up until the current time. And the decision last week was to not cancel the position, but just not fill it for a while, and I certainly will reconsider that. I think that the budget will be on the agenda several more times this month, and that change can be made to try to hire someone right now, but that's 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 12 kind of where we are. It's not that we have not. For the last year, we have tried to fill it. We just haven't been able to find a qualified candidate that everyone agreed with. And I when I say "everyone," I mean the Court, other representatives out at the Extension Office, and also the district -- I guess district administrator, whatever, Mrs. -- JUDGE TINLEY: Mapston. COMMISSIONER LETZ: -- Mapston out of Uvalde. We've discussed it several times. So, that's on that issue. And I had another issue that I forgot what it was; I got sidetracked. COMMISSIONER BALDWIN: Your bridge? COMMISSIONER LETZ: Thank you, sir. The Hermann Sons Bridge is open right now for traffic. The official opening will be on the 14th at 10 o'clock in the morning. We will have -- not done it in a long time -- the first Commissioners Court posted meeting at that location. We won't be deliberating anything, but we will be meeting, and we'll officially open it at that time, and the Court will be there. We invited some representatives from the Kendall County Commissioners Court as well, and some other people that had some involvement in getting that project underway, including TexDOT, contractor, and others. That's all I have. ~-tz-us 13 1 2 3 4 5 6 7 8 9 10 11 12 13 19 1J 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Got some good rain out in west Kerr County yesterday and the day before, and we had -- had brush fires, so rain is timely. I've got a different view on that County Agent position. I don't think it's proper use of county taxpayer funds to fund that. That -- that teaching nutrition and house beautification and how to set a pretty table and those sort of things are not hot on my list of priorities, and I would prefer that we not fund it. That's all. COMMISSIONER BALDWIN: Are you saying that you're not willing to give up some of your salary? COMMISSIONER NICHOLSON: Oh, for something else, but not for that. JUDGE TINLEY: Anything else? COMMISSIONER WILLIAMS: Ms. Calcote has her hand up. JUDGE TINLEY: Anything else? Commissioner 1? COMMISSIONER BALDWIN: No, sir, I don't have anything, other than I watched a lot of great football over the weekend. Man, fun time. Fun time, beginning Friday in San Angelo with our fighting Tivy Antlers. Had a great weekend. Great weekend. That's all. JUDGE TINLEY: Okay. We've had a couple -- couple of the members of the Court weigh in and waive their 9 _ _ G 5 14 1 2 3 4 5 H 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Fifth Amendment. Are you wanting to waive someone else's Fifth Amendment, Ms. Calcote? MS. CALCOTE: No, sir. I would like to answer his question. May I do that? JUDGE TINLEY: Well, we're -- MS. CALCOTE: Add on to the end of my speech? JUDGE TINLEY: We're already finished with that portion of the agenda. And what I'm about to say may be of some interest to you. I suspect that -- as I indicated, we've had at least two members of the Court that have waived their Fifth Amendment privilege that was open to them in the visitors' section of the agenda. I suspect that that and a number of other items may come up during our budget discussions later on today, since we do have a general budget section. I -- I think I'm already on record as being somewhat in support of that FCS position, and as recently as last week, I was in conversation with Ms. Mapston concerning an applicant that we have been discussing. As Commissioner Letz said, there have been several applicants, and for one reason or another, they were not thought to be the proper fit, but that's not something that's been left by the wayside. With regard to the issue of economics concerning that position, I'm not sure which one of you ladies mentioned it, but we only -- the County only pays a portion of that position. It's something less ~ i_ cs 1 .,~ 3 4 G 6 7 8 9 10 11 12 -~-. 13 14 15 16 17 18 19 20 21 22 23 "` 2 9 25 15 than 50 percent. I'm not sure it's 25; may be closer to somewhere between 30 and 40 percent, but the bottom line is we only pay a portion of that, and it's less than 50 percent. The other thing that I would note from an economic standpoint is, one of our largest employee costs, of course, is our health insurance, health benefits program. We do not fund the health benefits portion of that employee, so we also save those funds. With regard to potential benefits from the -- from the FCS position, I think -- I think we stand every chance -- in fact, a probability that we will make up those funds by savings in our Indigent Health Care program, by virtue of the educational services that are provided by that position, and which educate folks that are susceptible to a number of different conditions, Type 2 diabetes and things of that nature, so that, properly edu~~ated, those costs can be held down rather than them utilizing the emergency room and the Kerr County treasury to take care of their health insurance costs. But I suspect that issue will be debated some more later on today when that -- when that issue comes up. So, if you'd like to stay around and participate in that, Ms. Calcote, or any of the rest of you ladies, why, we invite you to be here. I would note that it is listed as pretty close to the tail end. In fact, it may y-~>-ns 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 be after lunch. It's either going to be late this morning or after lunch, one or the other. That's the best guidance I can -- I can give you at this point. It's listed as Item Number 23. So, let's move into the agenda, if we could, and Item 1, consider, discuss, and take action on the County's acceptance of maintenance on Scenic Ridge Road upon completion of construction that meets county standards. Commissioner Nicholson? COMMISSIONER NICHOLSON: I want to introduce Mr. Johnson, who is a representative of the residents on Scenic Ridge Road. MR. JOHNSON: Thank you. COMMISSIONER NICHOLSON: What do you want us to do, Mr. Johnson? MR. JOHNSON: Commissioner, what we'd like to do is just have a resolution or statement from the Commissioners Court that, upon reconstruction of this roadway to county standards, meaning the -- I think it's 20-foot-wide road base, 16-foot-wide travel lanes, the 4-inch crown, the typical country lane county standards for the roadway itself, that the Commissioners Court agrees that upon the property owners financing and providing that reconstruction of the roadway, that it then be accepted by the County for maintenance. COMMISSIONER BALDWIN: We did not do that in 9 1 J O 5 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 17 our previous conversation? COMMISSIONER NICHOLSON: Mr. Baldwin, in our previous court order, we -- we said yes, if you'll bring it up to county standards, we'd like -- we'll accept it, if it passes the inspections and all. At that time, we asked for a 40-foot right-of-way. COMMISSIONER BALDWIN: I see. COMMISSIONER NICHOLSON: And what we see now is that's not practical. COMMISSIONER BALDWIN: I see. COMMISSIONER NICHOLSON: 40 foot would put the right-of-way almost on the corner of -- of the foundation of a couple of the houses. And it was originally accepted as a 30-foot right-of-way, so we're proposing to -- to confirm that a 30-foot right-of-way, 4 foot on either side and 16-foot pavement, is sufficient. And they correctly point out that the feeder road for this is also a 30-foot right-of-way road, so it's not in any way changing traffic patterns or inhibiting egress and access. So, I make that motion, that we -- that we will, upon inspection, accept Scenic Ridge Road for county maintenance once it's brought up to county standards as a 30-foot right-of-way road. COMMISSIONER BALDWIN: I second that motion, but I'd like to have a comment from Road and Bridge. y i~~ ~;5 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 ~5 18 COMMISSIONER NICHOLSON: Yes. JUDGE TINLEY: We have a motion and a second. Questions or comments? Discussion? MS. HARDIN: The only comment I have is that in the past, when we did West Hi-Line, we made those people on West Hi-Line do 40 feet. The road didn't necessarily take up the whole 90-foot right-of-way, but the right-of-way was dedicated by each -- property owners on each side. COMMISSIONER BALDWIN: And that's in the same neighborhood, is it not? MS. HARDIN: Same subdivision. COMMISSIONER WILLIAMS: And it was a 40-foot right-of-way? MS. HARDIN: Yes, sir. COMMISSIONER WILLIAMS: What's being proposed here is a 30-foot right-of-way; is that correct? MS. HARDIN: That's correct. COMMISSIONER LETZ: I'm not real familiar with, I mean, the terrain out there. Never been on the road. But the reason for 40-foot right-of-way is not the road; it's the maintenance of the road. And if there's -- even if you can't get it on the whole road, any part of that road that -- where, you know, it's possible to, you know, get to 40 foot, it certainly is preferable, just because it does cause a lot of, you know, drainage and other issues, q-i~-o 19 1 J 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and that's the reason for the 40 foot. The road wouldn't have to change as long -- I mean, the road -- the same requirements. But the other question I had, Truby, is, as I read on this list, there's six families. Is that country lane? Or is there -- is that -- what's the cutoff for country lane? I know there's a number. MS. HARDIN: 15. COMMISSIONER LETZ: Okay, so it meets that. That was my only comment. We need to look at the terrain. COMMISSIONER NICHOLSON: Commissioner, if we could fit a 40-foot right-of-way in there, I think that's what we ought to do, even though it comes out off of a 30-foot right-of-way, but it just can't be done. It wouldn't have any use. You'd have your equipment up there against a house. COMMISSIONER LETZ: You get up next to a house? I mean -- COMMISSIONER. NICHOLSON: At 40 foot. COMMISSIONER LETZ: At 40 foot. MS. HARDIN: Are you talking about doing the road in the existing footprint it has now? Or with the cul-de-sac at the end? Or -- MR. JOHNSON: May I respond to those? We're talking about the roadway as it is now. The property owners that I represent abut the road on the side. They don't have ~ -~'~s 1 'Y" 2 3 9 5 6 7 8 9 10 11 12 m-- 13 14 15 16 17 18 19 20 21 22 23 24 25 20 any capacity to require or suggest or participate in a -- an extension of the road into what's Lot 6 now at the end of the road. They're asking the Commissioners to -- let's keep this discussion to accepting the existing roadway. We're not setting out a new county road. The subdivision standards were already dealt with back in '79 when this plat was accepted and dedicated roadway was made, so that's -- it's not extending the road. The platting may be something that needs to be done, but that's for the owners of Lot 6 to do. That's not a part of this offer -- presentation. All we're asking is that the existing right-of-way, existing road, if we reconstruct it, be accepted for maintenance. We're not laying out a new road, and so the elements that are in the statutes about roadway width for right-of-way or drainage or all of those things are all part of the subdivision process. We're not in the subdivision process. We're just asking for an acceptance for maintenance. We're asking to allow the continuation of the You know, there's the legal that we're not laying out a subdivision, but the three practical are, it's off an existing 30-foot road and -- and maintained county roadway, Caitlin Drive, so this is no wider, no narrower, just the same as Caitlin, which is already a county-maintained road. Second, where the houses are -- and 4- 1 G- i 5 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ c L 23 24 25 they've been there for a long time -- to go 40 feet would put right-of-way right up against the corner of one -- at least one and very close to one other of the houses, and it's just not a practical, safe thing to do. And I guess the -- and the third element is, this is only 575 feet long. We're not talking about a road that goes over the hill and back down and up and, you know, serves large acreage. None of these lots is larger than about ~ or 3 acres, and the smallest is a little over 2 acres, but it's -- this is a short road. It's already an et:isting, accepted public roadway with houses that have been there for a long time. We're asking that it be limited -- that this part of this process be limited to just reconstructing the roadway and accepting it for maintenance. COMMISSIONER LETZ: There's -- this is a dead-end road? MR. JOHNSON: COMMISSIONER MR. JOHNSON: COMMISSIONER around when we have a maint MR. JOHNSON: It's a dead-end. LETZ: There's no cul-de-sac? No. LETZ: How's the County turn liner on that road? Well, if we were designing a new road that -- COMMISSIONER LETZ: We are, in my opinion. MR. JOHNSON: Well -- ~~ ~a-n~, zz 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER NICHOLSON: Mr. Letz, the -- MR. JOHNSON: It's an existing public right-of-way. It was accepted by the Commissioners in '79. That's, you know, the -- you can't -- I don't think there's a requirement that when the roadway design requirements change, that you can go back in history and tell everybody else they have to change their roadway or they're not valid any more. So that's -- COMMISSIONER NICHOLSON: The Lot 6 issue I see as a separate issue. It's certainly connected to it, and I'm asking Road and Bridge, with the help of the County Attorney, to notify the owners that subdivided Lot 6 without approval that they have to come into compliance, and at that time, when they -- when they do that, we'll want to look at -- at their subdivision and determine what they need to do about either roads or cul-de-sacs. COMMISSIONER WILLIAMS: Well, that's a concern, because we have -- we have a similar one that's goinq to be -- is on the agenda for reconsideration, and one of those considerations in that was creation of a cul-de-sac at the end of a 30-foot right-of-way for the purpose of turning around emergency vehicles and maintenance vehicles. So, it is -- it is a concern. COMMISSIONER LETZ: I just think it .all needs to be dealt with at one time. I mean, I just -- I think ~-iz-~„5 z3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that this is going totally contrary to where the County is trying to go if we accept a road that -- you know, that this county would not build if it was, you know, building a road itself. And that's kind of the general standard, is that we don't want to require any developer or any individual to construct a road to a higher standard than the County. But the standard of the road is -- to me, is the cul-de-sac, right-of-way, and things of that nature. Right-of-way, we have given variances on for reasons like this, and I don't have any problem with that. But you know, a cul-de-sac is pretty important from an emergency standpoint and vehicle standpoint, and also from a maintenance standpoint. I mean, if we get a maintainer or chip spreader down there, what do you do, I mean, if you can't turn it around? I just think that issue has to be resolved. The rest of it, I can -- as long as it's built to the standards I think they're proposing, I can go along with it. COMMISSIONER NICHOLSON: I think what I need to do is to withdraw my motion and ask Road and Bridge and the County Attorney to -- to take whatever steps are necessary to -- to cause the Lot 6 subdivision to be brought to the Court for approval. MS. HARDIN: Our instructions from the Court are to go back to December 11th of 2000 for plat -- this lot was divided in the early '80's under family members. 9-12-~~5 29 1 2 3 4 5 E 7 S 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 COMMISSIONER WILLIAMS: Meaning? MS. HARDIN: Meaning that we don't -- we're not -- y'all said you weren't going to go back and do any replatting or have the County Attorney look into anything that was platted before December 11th of 2000. COMMISSIONER LETZ: People on Lot 5 aren't willing to work with y'all? MS. HALL: No, sir. COMMISSIONER WILLIAMS: Are they local? Are they there, or just a vacant lot, or what's the status of the property? MS. HALL: I live on Lot 6. COMMISSIONER WILLIAMS: Pardon? MS. HALL: I live on Lot 6. MS. HARDIN: There's two ladies here that live -- MR. JOHNSON: Ms. Green and Ms. Hall. MS. HALL: There are two roads that have been maintained by the County, Looker and Hi-Line, that don't have turnarounds. COMMISSIONER BALDWIN: And you have -- I may have missed something, so if I accuse you of something, forgive me, but you have an illegal piece of property? MS. HALL: I don't know that. COMMISSIONER BALDWIN: Well, if you do, ti-1~-us 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 you're in trouble. MS. HALL: I will see to that. COMMISSIONER BALDWIN: Okay. MS. HALL: 'Cause I am not aware of that. We just moved there in April. COMMISSIONER BALDWIN: Lines are out in the county right-of-way and those kinds of things? Or what is the problem with Lot 6? COMMISSIONER NICHOLSON: Lot 6 -- COMMISSIONER BALDWIN: And not being able to put a cul-de-sac there? MS. HALL: We would allow emergency vehicles to turn around and use it; fire trucks, ambulances, anything like that. I mean, it's open for emergency vehicles. It's just not part of the road. It comes up to our property, but it's definitely used for emergency vehicles. COMMISSIONER BALDWIN: What is the -- let's see. 1980 -- '70 -- '89. Was it '89 when the road was adopted? Is that -- MR. JOHNSON: No, '79. COMMISSIONER BALDWIN: '79. MS. HARDIN: Before there -- there were no subdivision rules in place in 1979. COMMISSIONER BALDWIN: I can't remember. if that's something I did or not. What is the distance? What s iz-~~ , z6 1 2 3 4 5 5 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 29 25 is the distance of the road? COMMISSIONER WILLIAMS COMMISSIONER BALDWIN: MS. HALL: 575 feet. COMMISSIONER BALDWIN: gets to Lot 6. 500-some-odd yards. 500-something feet? So, it stops before it COMMISSIONER NICHOLSON: It stops at Lot 6. And Lot 6 has been subdivided, and I don't know -- is it one or more properties? MS. HALL: It's two. But if we put it up to standards of 30 feet, it would be at our front door. We could not get in our door; the road would be right there. MS. GREEN: I'd like to speak to that if could, please. I'm the other owner. JUDGE TINLEY: We need for you to identify yourself -- MS. GREEN: Okay. JUDGE TINLEY: -- if you wouldn't mind, please, ma'am. Come forward. MS. GREEN: Sure. Thank you. JUDGE TINLEY: Give your name and address, please. MS. GREEN: Carol Green. It's 114 Scenic Ridge Road West. My husband is George Green, and we're the owner of the other two lots. The Halls own two lots and we v-!_-os L 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 own two, and in what you're calling Lot 6. And first I'd like to say that the reason we bought the property -- and I think it was in December -- was for the privacy that it offers, and we're not willing to call that a cul-de-sac. It's not a cul-de-sac. It's a private drive for two residents. And if emergency vehicles need to enter there to turn around or to service somebody else, we're not opposed to that, but it is private property, and -- and we really don't want to give up that privacy and have everybody coming in and circling in that -- what is being called cul-de-sac, because it comes right up past my front door. You know, and the reason we bought the property was for privacy. COMMISSIONER LETZ: I guess -- you know, I understand your willingness to let people do it, but if the County goes up there and turns around, we're trespassing. That's my problem, is that it's a trespass issue. I mean, unless you go out there and give permission; I guess we could do it. MS. GREEN: It's my contention that there are a number of other streets that have the same situation that they have on Scenic Ridge Road West, and they manage quite well. And I don't know of any reason why we should be -- feel inclined to have to do that, when privacy is really what we came here for, and we like the place. And one neighbor has already been forced to move because of the 9 - '.. ' - U 5 28 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 hassle over this. Judy Kinsman, I'm sure you all remember her. But she just couldn't take the hassle any longer, so she moved away, and -- and the Halls bought her plar_e. But we don't intend to move, but we don't want to give up our privacy either. COMMISSIONER LETZ: Question. And -- I mean, the map I have is pretty basic. Lots 2A and 3B, would they be willing to give up property for the cul-de-sac? Or is it not possible on those two lots? MS. GREEN: They're further up the street, right? Do you have the owners' names? COMMISSIONER NICHOLSON: Palmer and Furr. MS. FURR: I'm Mrs. Furr. COMMISSIONER NICHOLSON: You're up toward the -- MS. GREEN: My husband and I really don't care whether the County takes over the street or not. We'd actually just as soon they didn't, because there are only six of us on that street, and we're all our age or older, and we really don't have a lot of traffic in there. There's no big parties, there's not a lot of -- of traffic of any kind in there, and any vehicle that came in there to service that road could easily back out. And we have had concrete trucks; we've been making a garage, and the Halls are making a garage. We've had big concrete trucks, big 18-wheelers y-ia-os 29 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 unload loads of rock and that sort of thing. They have no problem negotiating the -- the turn, which is our front yard. And we're not opposed to people doing that for an emergency, and we'd be willing to sign and write up to that. COMMISSIONER LETZ: 2A looks like it's Palmers, and 3B is Mr. Alford and Ms. Mefferd. Are they here? MR. JOHNSON: Yes, I'm here representing trie Alford and Mefferd -- COMMISSIONER LETZ: Would they be willing to give up -- or can they physically give up enough property to put the cul-de-sac back more on their property? MR. JOHNSON: No. Both those houses are close enough that -- those are the two houses that -- and particularly the Palmers -- that would make it extremely difficult for it to even be 40 feet wide rather than the er.isting 30 feet wide. MS. GREEN: Really, the best thing for people to do is just leave that street maintained by the people, and for the same amount of money that we could bring it up to county specs, spend that money to bring it up to specs, and the thing will last 25 more years. It's been there for 25 or 30 years now, and has never had any maintenance of any kind on it, to my knowledge. Maybe I'm wrong. But the street is still passable. It is now in dire need of repair. -t u4 30 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But if we're going to have to bring it up to specs, why don't we just do that? Leave everything like it is, and let's all stay happy. COMMISSIONER BALDWIN: I agree with you. However, I'm going to leave my second to the motion in place. MS. GREEN: Could you repeat that second motion for us? I don't remember exactly what that was. COMMISSIONER BALDWIN: I don't remember exactly what it was either. (Laughter.) MS. GREEN: Sorry. COMMISSIONER BALDWIN: It was to approve the agenda item. COMMISSIONER NICHOLSON: It's to approve acceptance of the road for county maintenance upon inspection with a 30-foot right-of-way. MS. GREEN: But then later, you're going to come back when the County's in a position to maintain that, and the County's going to discuss to replat 6, and they're going to ask for that to be a cul-de-sac, and we're very much opposed to that because it would take away what we bought the property for, and -- and that's my position. COMMISSIONER WILLIAMS: You are Lot 6; is that correct? MS. GREEN: Yes, sir, I own E and a quarter 9- 1 7 n 5 31 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 acres in Lot 5. COMMISSIONER WILLIAMS: From the little plat diagram I'm looking at, that's about a 10 and three-quarter acre piece of ground. MS. GREEN: The entire plat is. COMMISSIONER WILLIAMS: But_ what you're telling us is that you're close to the property line? Is that what you're saying? MS. GREEN: Well, the road dead-ends into the front of my property line. COMMISSIONER WILLIAMS: Yeah, that's what I'm seeing. MS. GREEN: You call it a cul-de-sac, but it never has been a cul-de-sac. You couldn't even hardly get around that when we moved here, and we've widened the street around, you know, for our own use and the Halls. COMMISSIONER NICHOLSON: Commissioners, the county surveyor is also here, and I know he's intimately familiar with that. He and I have been out there three or four times, I think, so if you need any confirmation about the physical characteristics of the road and community, he can give them to you. COMMISSIONER LETZ: I guess -- I mean, you kncw, I don't want to come across as being hard-nosed, but I understand the people want the -- you know, or may want the ~ i -un 1 2 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7~^ 23 24 ~5 32 county road, but with that comes some standards. And you all can't meet those standards. And I -- you know, it seems that your proposal makes the most sense to me, is to upgrade the road and leave it private -- leave it a public, but a privately-maintained road. MS. GREEN: Just curious. If we're going to have to spend the money anyway to bring it up to specs, why not just spend it and keep it -- COMMISSIONER LETZ: My standpoint is, it's a precedent. On any given situation, I can rationalize and justify making a waiver, but what I look at is that the -- we're opening the door for next time, and next time the road's 1,000 feet and there's a cliff at the end of it or something. I mean, you just get in a situation that you can't turn emergency vehicles around and things happen. And -- and we can't say yes here and then arbitrarily say no sometime else. MS. GREEN: Another problem that we have on our lot is that the prior owner built a road from our place down the hill to Roddy Tree Bed and Breakfast, and a lot of the people in the community are familiar with the road. It's now ours and it's private, and we don't want people goinq through. And, true, there's a fence at the end of it down at Roddy Tree, but if people can come around that cul-de-sac and it becomes public, it just makes that a iz-oe 1 2 3 4 5 b 7 8 9 10 11 12 13 19 15 16 17 lfl 19 20 21 22 23 24 25 33 wide-open for people to see that road, and they just go right through our property and have to turn around down at the fence. So, there's another issue we face. COMMISSIONER WILLIAMS: Help me understand one thing, just -- I'm sorry, Jon. I'm looking at Article 2 of the -- of the document that was prepared. I believe you prepared it. Three, tour, five -- six property owners. You're listed as one of them, as an applicant. Is that correct? MS. GREEN: I'm sorry? MR.. JOHNSON: They had signed the petition that was in the backup materials. That's the reason they're listed there. There was a petition; I think it's Er>hibit A. MS. GREEN: On that petition, I think in signinq it, we indicated that we did not want the cul-de-sac made public; that it was not a cul-de-sac, MR. JOHNSON: Yeah. And this application doesn't -- it's just asking about the existing county road of Scenic Ridge Road as it exists. We're asking that it be accepted for maintenance upon reconstruction, Sut there's a petition in Exhibit A that's signed by all six of the abutting property owners. COMMISSIONER WILLIAMS: I see that. MR. JOHNSON: Including the Halls and the Greens. ~-1,-n; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZU 21 22 23 24 25 34 MS. GREEN: Since that time, we found that it's opened a whole new bag of worms that was not presented to us with the original things. And the way it's developed, we're not interested in having the County take over the road and have to change everything. We'd like to just leave it the way it is. COMMISSIONER WILLIAMS: So, then, you really -- you're telling me that you and your husband, as property owners in Lot 6, are -- are withdrawing your support of the petition for county maintenance? MS. GREEN: Yes, sir, that's correct. COMMISSIONER WILLIAMS: That's correct? MS. GREEN: That is correct. JUDGE TINLEY: Commissioner, let me see where you are exactly. I -- I understood you as having withdrawn your motion? COMMISSIONER NICHOLSON: I'm not going to vote for my own motion. Should I withdraw it? (Laughter.) JUDGE TINLEY: Did you not indicate you were withdrawing your motion? COMMISSIONER NICHOLSON: Yes, sir. JUDGE TINLEY: Okay. Okay. COMMISSIONER LETZ: I guess the other -- it's just a -- I just read the original court order that was referred to. My understanding of our subdivision rules and ~,-ia-o5 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 35 state law is that onr_e that plat gets revised, it's under the rules at that time. If that -- if Lor 6 has been divided, we're under current rules, not the rules of '79. MR. JOHNSON: Well, but we're not replatting -- this is not an application for replatting. COMMISSIONER LETZ: But it needs to be, because those lots have been divided. MR. JOHNSON: Well, our property owners don't have any rapacity to control whether or not they replat Lot h. We're just asking that this be accepted for maintenance. COMMISSIONER LETZ: Okay. MR. JOHNSON: And, you know, there's documentary evidence that it was already accepted for maintenance when the plat was done, but we don't want to -- you know, we don't want to get into that. We -- we're willing to pay for it, recognizing the County's tight on money right now. But once it's reconstructed, we'd like it to be listed as a county-maintained road. COMMISSIONER NICHOLSON: I don't think that's going to happen, Mr. Johnson. JUDGE TINLEY: Thank you, sir, Does any other member of tkie Court have anything further to offer on this? If not, we'll move to a highly controversial item; Item Number 2, consider, discuss, and announce October as Texas Archeology Month in Kerr County. Commissioner '? :_-..s 1 3 4 5 6 7 A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 36 Baldwin? COMMISSIONER BALDWIN: Thank you. As you notice in the letter in your backup, they simply ask us to announce October as Texas Archeology Month in Kerr County, and I move to do so. COMMISSIONER LETZ: Second, COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Third. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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. COMMISSIONER BALDWIN: Kathy, you would send the court order to these folks? Thank you. JUDGE TINLEY: We`11 move to Item 3, consider, discuss, and -- e::cuse me. We have a timed item for 9:45; it's slightly past that now. We'll move to Item 4, consider and discuss authorizing the Kerrville Area Chamber of Commerce to coordinate the Kerr County Sesquicentennial Celebration in combination and consultation with Kerr County Commissioners Court, Kerr County Historical ~;_i__~~ 37 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 Commission, and representatives of the several cities and towns within the county. I put this on the agenda at the request of representatives of the Chamber of Commerce and Mr. Joe Herring, Jr., who is with us here today. Mr. Herring? MR. HERRING: Hello. JUDGE TINLEY: Good morning, sir. MR. HERRING: My name is Joe Herring, Jr. I reside here in Kerrville. As you know, the county will have its 150th birthday in 2006. I serve on the Board of Directors of the Kerr -- Kerrville Area Chamber of Commerce. A group of us formed a task force to see if it would be appropriate for the Chamber to produce an event celebrating the 150th birthday of the county. I prepared a handout for you guys. Is that enough, guys? COMMISSIONER BALDWIN: Thank you. Joe, does this mean that we all need to grow our beards? Say yes. I'm wanting to, and I need a reason to do it. MR. HERRING: That is one of the events that's been discussed, a beard growing contest. COMMISSIONER BALDWIN: I see. MR. HERRING: However, our board has not voted to have this event. We felt it was probably more appropriate to come and ask you, before we plan anything, if y'a11 had something planned. And if you do not have ~-i_ os 38 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '0 21 2 2 23 2q 25 something planned, maybe then we could qo ahead and produce such an event. JUDGE TINLEY: Essentially, you're here asking if it would be appropriate from our viewpoint that you guys take the lead in it? MR. HERRING: Correct. But I don't think we want to expend a lot of time and effort if y'all are planning something too. I think one event's probably appropriate, and not several. COMMISSIONER WILLIAMS: We've had a lot of discussions about it in the past, and -- and we've set the date with General Schellhase, who heads the Historical Commission. MR. HERRING: Who's here. COMMISSIONER WILLIAMS: Had an outline of some plans. We thought the plans were good, but the problem, where we got hung up, was who was going to lead the event -- lead the effort, and funding for the effort. So, it -- at this point, I think it would be safe to say it has sort of floundered. MR. HERRING: Yes. We -- as you've seen, we have done some initial just research. The actual event is in January. However, during the 1956 centennial celebrations, they celebrated in April, merely because the weather is usually better in April than January. We would i_ ue 39 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 propose something similar. I've talked with Clarabelle. I'm afraid I haven't talked with General Schellhase about dates, but researching the community calendar, we feel an April date might be appropriate for such a celebration. COMMISSIONER WILLIAMS: The date -- the April dates were set by the Court at the recommendation of, I believe, the Historical Commission, I think for the reason you just noted; it ties to what happened 50 years ago. MR. HERRING: Correct. COMMISSIONER WILLIAMS: In terms of the celebration time. MR. HERRING: It could be a lot of fun. The event could be a lot of fun, but I think we're at an awkward point. Do we proceed? If -- if y'all are going to do something, we don't want to step on your toes. If you're not going to do anything, I think we're willing to jump into the -- COMMISSIONER WILLIAMS: I can clear that up for you right quick by offering a motion that you folks be -- take over the development and everything that's associated with the sesquicentennial. MR. HERRING: I intended to introduce the President of the Kerrville Area Chamber, Brian Bondy. COMMISSIONER WILLIAMS: Before I get a second, why don't you do that? 9-.~- 5 40 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER LETZ: Second. MR. HERRING: Only other comment I'd make is, we don't anticipate this being a Kerrville event. This is a county event, and so we will be actively seeking partners in the other chambers and in the other communities of our county. However, it ought to be a lot of fun. COMMISSIONER LETZ: Appreciate y'all takinq that on. MR. HERRING: Sure. JUDGE TINLEY: I have a motion and a second for approval of the agenda item for the Kerrville Area Chamber of Commerce to take the lead, as it were, as listed on the agenda. COMMISSIONER WILLIAMS: Mr. Bondy may have some comments. MR. BONDY: No. I think the bottom line from our perspective, and with the -- any of the organizations in the county, is we only turn 150 once, and it's a great opportunity for many organizations to come together and put something together. What that is at this point is really too soon to tell, but with -- with at least an initial step from -- from you all, we can get into that mode really quickly and put something together. MR. HERRING: Right. We do not have authorization from our -- our board yet, so we're -- we're U-lz-ns 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 G1 ~~ 23 ~4 25 41 doing this and then getting authorization. COMMISSIONER WILLIAMS: Do you want us to give you a qualified approval? MR. HERRING: PSo, no, I want to you say go. COMMISSIONER WILLIAMS: That's what we're saying. JUDGE TINLEY: Personally, I appreciate your willingness to take the lead in this thing. COMMISSIONER WILLIAMS: I do too. JUDGE TINLEY: Because it's needed. And, as ~ Mr. Bondy said, you only turn 150 once, MR. HERRING: That's right, COMMISSIONER LETZ: Comment before we vote on that. General Schellhase? You like this approach? GENERAL SCHELLHASE: You bet. COMMISSIONER LETZ: The general, as I'm sure you -- I don't know if you've talked to him, but he's done a lot of work on this and has a lot of information, which I don't know if y'all are -- certainly, I'm sure you can -- MR. HERRING: The initial letter to Judge Tinley said we would work in consultation with the Historical Commission. I've already contacted every historical commission in the state and every main street program in the state to find out what they've done in their communities. 42 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 29 25 COMMISSIONER, WILLlAM5: We thank you for stepping forward. MR. HERRING: You're welcome. There was a vote, then? COMMISSIONER LETZ: There will be. JUDGE TINLEY: Will be. Any further questions or comments? Mr. Emerson? MR. EMERSON: I have one comment. I don't think the wording on your agenda item allows you to take a vote. JUDGE TINLEY MR. EMERSON: doesn't say take action. MR. HERRING: date. Authorizing? Consider and discuss It Maybe I can do that at a future COMMISSIONER BALDWIN: Sure, that will be great. COMMISSIONER WILLIAMS: We'll put it back on for the 22nd; it will happen. MR. HERRING: Do I need to return on the 22nd? COMMISSIONER WILLIAMS: No, you do not. COMMISSIONER NICHOLSON: What does "authorizing" mean? COMMISSIONER LETZ: I guess -- I think he's 9-i2-u5 43 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 ~5 saying because it says "discuss authorizing," as opposed to saying just authorizing. COMMISSIONER WILLIAMS: He likes the ]anguage, "and take appropriate action." I found that out. I'll have it on for the 22nd, Joe, and it will -- it will take place. MR. HERRING: Our next Chamber board meeting is not till October, so -- COMMISSIONER WILLIAMS: Okay. Be plenty of time for that. DODGE TINLEY: Mea culpa. I'm the one that gave the language for the agenda item. My apologies, gentlemen, MR. HERRING: I used to make agendas. I understand. JUDGE TINLEY: The next item that we will go to is -- let's go back to 3; consider, discuss, and approval for the League of Women Voters to use one of the District Courtrooms for voter education on September 20th, 2005, in the evening. Ms. Pieper? MS. PIE PER: Well, gentlemen, the League of Women Voters evidently want to do a voter education, and they need a place to do it at, so they have called and checked. The courtroom is available that evening, and they want to start at 7:00, I`m presuming they're wanting it a v-~~-os 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 little bit early to set up registration or whatever. I'm not real sure. I did receive their agenda today, and it seems like I'm most of their agenda. With the -- the process of provisional ballots and voter ID and just voter education stuff. So, I'll be here to open the building or -- of course, it will probably be open at that point, but I'll also be here to close. COMMISSIONER BALDWIN: Question. Is it just for the League of Women Voters, or is it going to be open to the community? MS. PIEPER: I think it's open to the community. COMMISSIONER BALDWIN: And have you cleared this through the -- or someone has cleared this through the court coordinator? MS. PIEPER: Yes. COMMISSIONER BALDWIN: I move for approval. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? 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.) „ ,~__,, 45 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 JUDGE TINLEY: The motion does carry. MS. PIEPER: Thank you. JUDGE TINLEY: Let's move on down to -- looks like -- I don't see -- is Mr. Motheral going to be present, Ms. Hardin? MS. HARDIN: No, sir. JUDGE TINLEY: Let's move to Item 11, consider final plat of River Road Ranch in Precinct 4. Ms. Hardin? MS. HARDIN: And all of you know Mr. Odom is on vacation this week. He approved all of the plats before he left, and actually signed them. Any questions? COMMISSIONER BALDWIN: Help me understand. I see this cute little map here, but I'm not real -- I'm not real positive I know where this is. MS. HARDIN: It's on Hunt River Road, Mr. Chapman's property. COMMISSIONER BALDWIN: Mr. Chapman's property? MS. HARDIN: Mm-ham. COMMISSIONER BALDWIN: Oh. COMMISSIONER NICHOLSON: This is a case where he transferred ownership of one of the lots, and it's not quite a relative relationship, and it's cleaning that up. MS. HARDIN: He gave one lot to a relative. ~-iz o~ 46 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 ~0 21 22 23 24 25 The next lot he gave to a godchild, and so that triggered a replat, and he's come back to try to clear that up. COMMISSIONER BALDWIN: I know exactly where it is. Used to -- the Marlboro horse used to live there. COMMISSIONER LETZ: This is the one -- as I recall, we looked at it and made a bunch of changes to try to get it into compliance. MS. HARDIN: Yes, sir. COMMISSIONER WILLIAMS: The gentleman was it before, wasn't he? COMMISSIONER BALDWIN: No, not Mr. Chapman. COMMISSIONER WILLIAMS: Somebody was. MS. HARDIN: Pardon? COMMISSIONER WILLIAMS: Somebody was in on this before. COMMISSIONER LETZ: Mr. Motheral was here, I believe. MS. HARDIN: vacation today too. COMMISSIONER COMMISSIONER it, they have done everythi MS. HARDIN: they need is their signs. COMMISSIONER Bruce Moth WILLIAMS: NICHOLSON: ~g we asked Their road LETZ: O.S =_ral. He's on I remember it. I -- the way I see them to do. is completed. All .S.F. has approved it? ~~-iz-os 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 zz 23 24 25 MS. HARDIN: Yes, sir. All fees are paid and all. COMMISSIONER NICHOLSON: Where in the process - - this is final pla t approval? MS. HARDIN: Yes, sir. COMMISSIONER NICHOLSON: I move final plat approval of River Road Ranch in Precinct 4. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? All in favor of that motion, signify by raisin g your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: That motion does carry. Let's move to Ite m 13, if we might. Set a public hearing for the revision of plat for The Reserve of Falling Water, Lots 34 through 37, as set forth in Volume 7, Page 215, Plat Records, lo cated in Precinct 3. MS. HARDIN: The only thing I have on that is the little -- the sketch that ynu have, but really, all we need today is to set the public hearing for the next -- COMMISSIONER LETZ: You're not really changing -- you're just changing the configuration of lots y i_-o= 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 around that cul-de-sac. MS. HARDIN: Right. My suggestion for the court order date -- I mean for the public hearing was October the 24th at 10 o'clock. Is that okay, Kathy? COMMISSIONER LETZ: So moved. COMMISSIONER BALDWIN: Second. JUDGE TINLEY: Motion made and se~~onded to set a public hearing for the revision of plat for The Reserve of Falling Water, Lots 34 through 37, for October 24th -- at 10 a.m.? COMMISSIONER LETZ: Yes. JUDGE TINLEY: Any question or discussion on the motion? 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.) JUDGE TINLEY: That motion does carry. I will now recess the Commissioners Court meeting and I will open a public hearing for the revision of plat for Whiskey Ridge Ranches, Section 2, Lots 17 and 18, located in Precinct 3. (The regular Commissioners Court meeting was closed at 10:00 a.m., and a public hearing was held in open court, as follows:) 9 1 ? U 5 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 c~ 2 23 24 25 P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public that wishes to be heard concerning the revision of plat for Whiskey Ridge Ranches, Section 2, Lots 17 and 18, located in Precinct 3? (No response.) JUDGE TINLEY: Seeing no one seeking recognition or coming forward, I will close the public hearing for the revision of plat for Whiskey Ridge Ranches, Section 2, Lots 17 and 18. (The public hearing was concluded at 10:01 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And I will reconvene the Commissioners Court meeting and call Item Number 6, Item 6 being consider the final revision of plat for Whiskey Ridge Ranches, Section 2, Lots 17 and 18, located in Precinct 3. MS. HARDIN: This is Mr. Lindley's homestead. He's just asking that the two large lots be put into one, which is 146 acres. COMMISSIONER LETZ: Move approval. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. Any question or discussion? COMMISSIONER BALDWIN: Comment. I really 9-l:'-n5 50 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 14 19 20 21 22 23 24 25 thought maybe somebody'd be in here from the shooting facility to oppose that. That's a joke, Judge. JUDGE TINLEY: Just couldn't resist. COMMISSIONER BALDWIN: Sut wouldn't it be a classic? JUDGE TINLEY: Any other questions or comments? 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.) JUDGE TINLEY: That motion does carry. Let's move to Item Number 19, if we might, consider a resolution of noncompliance pursuant to Section 3.04 of the Kerr County Subdivision Rules and Regulations to be posted in the Deed Records of Kerr County. Yes, ma'am? We're catching you unprepared, 'cause I'm jumping around like a kangaroo? COMMISSIONER LETZ: Which one are you on? JUDGE TINLEY: 19. MS. HARDIN: This property is off of Town Creek Road. I'm still not quite sure whether it's in 1 or 3. I was going to go back and look at a map, but forgot. The first call we had on this was from Gary Kersey. The second call we had on it was from Environmental Health, for whether or not it met the current subdivision rules. I gave 9-i.-as 51 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- asked Mr. Emerson to look at it, and he suggested that we put it on the agenda for today. COMMISSIONER LETZ: Can you -- can somebody explain? MS. HARDIN: It is a family division of property; however, it is five lots, not four lots, as the subdivision rules say it should be, and there's no road to access the properties. COMMISSIONER LETZ: I think this is a case that -- I mean, it's state law. That exemption is under state law, and which we adopted, and I don't see how we can -- COMMISSIONER BALDWIN: What exemption? COMMISSIONER LETZ: Well, if you divide it under family members, it's four or fewer parts. This is more than four. And also, the road issue would trigger platting even if it was four, in my opinion. But, I mean, I think the exemption that they're seeking, they didn't fall under that exemption, so I would think it needs to be platted. And the -- and the road -- there's a road that was built or not built? MS. HARDIN: No, there's a driveway that meanders through it. I think there's a little drawing back in the packet -- looks like this -- that a surveyor has done. q-i~-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 COMMISSIONER LETZ: When was this done? MS. HARDIN: I'm not really quite sure. This one says July 25th of this year. However, some of the division goes back to earlier, but I'm not sure of the exact date. COMMISSIONER shows August of '95. COMMISSIONER MS. HARDIN: down here that -- on this 1 date on it. Do you know? MR. VOELKEL: WILLIAMS: We11, this diagram NICHOLSON: Yeah. And then there's another one ittle one that I can't read the I don't know where the property is. MS. HARDIN: Okay. MR. VOELKEL: Not familiar with it. MS. HARDIN: Delgadillo property off of Town Creek. MR. VOELKEL: No, ma'am. COMMISSIONER LETZ: I mean, it's -- to me, it's pretty straightforward. I mean, if there's -- they need to plat it and they need to provide a -- you know, road to county -- to subdivision standards to access all the lots. MS. HARDIN: Okay. Would you like to speak? MR. EMERSON: Just to state you have the same ~3-i: os 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 ~~ 23 24 25 problem on this agenda item that you did a couple items ago. I don't think you can pass an order under the wording. MS. HARDIN: I thought I worded it the way you asked me to. I'm sorry. COMMISSIONER LETZ: Well, I mean, we can still discuss it and give direction. But I don't -- I think it's got to be brought into compliance. COMMISSIONER BALDWIN: Well, there are definitely -- let's see, there's one, two, three, four, five lots there. They're definitely all family; there's no question of that. MS. HARDIN: It seems to be. I haven't talked to all of the family. The people that called t_o ask if it met approval was a lending institute that was selling it to another person with the same last name. COMMISSIONER NICHOLSON: I don't think you need a court order to -- to administer the subdivision rules. You tell them they have to come into compliance. COMMISSIONER LETZ: And even -- I mean, the issue on the road, you'd have to -- they can't divide it and not give access, even if it's to a family member. COMMISSIONER WILLIAMS: That's what it looks like. That's what it looks like. COMMISSIONER LETZ: Even if it was four people, you can't get to the back lots. There's no road to ~-iz os 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 it, so they still -- I mean, because -- MR. EMERSON: If I can clarify, the court order itself is not for enforcement of the subdivision rules, ner_essarily. The court order is to place notice in the public records that these lots are not in compliance with the subdivision rules, and then we'll proceed on from there. JUDGE TINLEY: As proposed, it would not be. MR. EMERSON: Correct, or as it exists. I mean, I'm no t sure how much of this has taken place. JUDGE TINLEY: Okay. COMMISSIONER LETZ: I think we can do that, but I think if the lending institution asks for us to sign off on it -- is that what you're -- MS. HARDIN: No. We -- we've notified them that it was not in compliance. COMMISSIONER LETZ: Okay. MS. HARDIN: But Mr. Emerson asked that we put this res olution to put in the Deed Records. COMMISSIONER LETZ: Okay. We'll put it back on and say " consider and take action to approve resolution." COMMISSIONER BALDWIN: See, actually, I agree with Number 4. I don't think that any action is required. COMMISSIONER LETZ: I don't either. COMMISSIONER BALDWIN: Subdivision rules are 9 1 2 O S 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 ~~ 23 24 25 there, and life goes on. COMMISSIONER LETZ: I think what the County Attorney is saying is just to put the lenders and everyone else on notice that it's not -- COMMISSIONER BALDWIN: I understand, to make it cleaner. COMMISSIONER LETZ: But just put it back on. JUDGE TINLEY: Anything further on that particular item from anyone on the Court? If not, we will move to Item Number 7. I will recess the Commissioners Court meetinq and open a public hearing for the revision of plat for Kerrville Country Estates, Section Two, Lot 34A, located in Precinct 1. (The regular Commissioners Court meeting was closed at 10:05 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the public who wishes to be heard concerning a revision of plat for Kerrville Country Estates, Section Two, Lot 34A? (No response.) JUDGE TINLEY: Seeing no one rising to be recognized or otherwise come forward, I will close the public hearing for the revision of plat for Kerrville Country Estates, Section Two, Lot 34A, and I will reconvene the Commissioners Court meeting. U 1 L i i 5 56 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2q 25 (The public hearing was concluded at 10:06 a.m., and the regular Commissioners Court meeting was reopened.) JUDGE TINLEY: And we will move to Item 8, which is consider approval of final revision of plat for Kerrville Country Estates, Section Two, Lot 34A, located in Precinct 1. MS. HARDIN: This is -- go ahead. MR. VOELKEL: I just want to make one comment, and especially for Commissioners Baldwin. This is an ETJ plat, so we have already been to the City of Kerrville. The Planning Commission has approved the replat. And, for Mr. Baldwin, his neighbor is Von Evans, just so you'll know that. COMMISSIONER BALDWIN: Thank you. Tell me about Zone X. MR. VOELKEL: You see that on there somewhere? Zone X means that it's outside of the 100-year floodplain. COMMISSIONER BALDWIN: Okay. MR. VOELKEL: It's in areas of 500-year or greater. MS. HARDIN: That's on the hill, correct. MR. VOELKEL: Well, this one's actually kind of down in the bottom, but it is out of the floodplain. S 12 os 57 1 L 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: Move approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of the agenda item. 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.) COMMISSIONER NICHOLSON: No, I was voting for, Judge. JUDGE TINLEY: Okay, I thought you were. I will now recess the Commissioners Court meeting and open a public hearing for the revision of plat for Mosty Pecan Grove, as shown in Volume 7, Page 295, Plat Records, located in Precinct 2. (The regular Commissioners Court meeting was closed at 10:08 a.m., and a public hearing was held in open court, as follows:) P U B L I C H E A R I N G JUDGE TINLEY: Is there any member of the publi~~ that wishes to be heard with respect to the revision of a plat for Mosty Pecan Grove as shown in Volume 7, Page 295 of the Plat Records, located in Precinct 2? (No response.) JUDGE TINLEY: Seeing no one seeking ~-i~-us 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 58 recognition or ~~oming forward, I will close the public hearing for the revision of plat for Mosty Pecan Grove, as shown in Volume 7, Page 295 of the Plat Records, located in Precinct 2, and I will reconvene the Commissioners Court meeting. (The public hearing was concluded at 10:09 a.m., and the regular Commissioners Court meeting was reopened.) DODGE TINLEY: Item 10, consider revision of plat for Mosty Pecan Grove shown in Volume 7, Page 295, Plat Records, located in Precinct 2. COMMISSIONER BALDWIN: Can't do this one either. COMMISSIONER WILLIAMS: What? COMMISSIONER BALDWIN: Let's see. J.J. Lane. Where have I heard that before? COMMISSIONER WILLIAMS: Been here before. What do you got, Mr. Voelkel? MR. VOELKEL: What we've got on this plat, of course, you all remember this. When we -- the original plat was approved with different lot sizes, and what we've done for this replat is to move the lot line between the two lots. There are still two lots, but I'm making Lot Number 2 a larger tract. And what we have done, with some direction from the Court on previous meetings, we have added 10 feet v iz us 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 59 of additional right-of-way off of this property off of both Lots 1 and 2, so that J.J. Lane, even though it's still a private road, will now be a 40-foot right-of-way, as opposed to a 30-foot right-of-way. COMMISSIONER WILLIAMS: Move approval. COMMISSIONER LETZ: Can't. Doesn't say it. It says "consider." County Attorney's been -- it says consider; it doesn't say -- MR. EMERSON: I think you're stuck again. COMMISSIONER BALDWIN: I want to say something about that. I appreciate Re r, doing that. We need to -- we need to clean our act up, and I appreciate him holding our feet to the fire on this issue. Although we don't like it at all. You need to understand that. COMMISSIONER LETZ: Only -- I don't disagree with that. I do differ with Rex a little bit about the word "consider." I think "consider" leaves room to move, but he gave us a memo and took the dictionary definition and all that, but that's tine. We can come back and do them, then. MS. HARDIN: I apologize; I didn't know there was a memo. MR. EMERSON: Sounds like what I need to do is send it to all the department heads, too. JUDGE TINLEY: A standard inquiry, "You didn't receive the memo?" ~ iz us 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARDIN: No. JUDGE TINLEY: Anything further to be offered by any member of the Court on that agenda item? COMMISSIONER WILLIAMS: Just let me say for Don's benefit in the back, this is a language problem; has nothing to do with -- with the -- the matter in terms of its approval or disapproval. It's following the law in terms of how we style agenda items, and we'll correct that at the next meeting. MR. VOELKEL: Excuse me, sir. Does that mean it will not be approved for two more weeks? Is that -- COMMISSIONER WILLIAMS: Yes, sir. MR. VOELKEL: Okay, I just need to know. I think they have a closing set up for this week. That will probably, then, have to be postponed. I think they were waiting for the replat to be finalized to transfer the title of the property. COMMISSIONER WILLIAMS: I understand. MR. VOELKEL: Okay. COMMISSIONER WILLIAMS: When is the closing? MR. VOELKEL: I was under the understanding it was this week. I'll have to check on that. COMMISSIONER WILLIAMS: Do you know, Don? MR. EICHLER: Hasn't been finalized, but tentatively set for Friday. U-1z-..5 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -~ 23 24 25 COMMISSIONER WILLIAMS: It's a tentative date? Can it be -- could it be rescheduled? MR. EICHLER: I'm sure it can. You'd have to talk to the title company. COMMISSIONER WILLIAMS: I apologize. There was a styling -- MR. VOELKEL: Just trying to get some clarification. So, we'll come back for approval in two weeks? JUDGE TINLEY: Yeah, second meeting. MR. VOELKEL: I'm going to leave these with you, if that's all right. JUDGE TINLEY: Anything further from any member of the Court on that particular agenda item? Let's move on to Item 12, consider a letter to Headwaters Groundwater Conservation District concerning compliance to Kerr County Subdivision Rules and standards. MS. HARDIN: I'm sorry, what number? DODGE TINLEY: 13. COMMISSIONER LETZ: 12. JUDGE TINLEY: EYCUSe me, 12. MS. HARDIN: I'm totally lost here. Have we already done -- we've already done 13. COMMISSIONER LETZ: No, we did 14 -- we did 13. This is 12. 9 i2-U5 62 1 3 4 5 E 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 L 2 23 24 25 MS. HARDIN: Oh, okay. We've had several calls from the employees of Headwaters, and Gordon Morgan called and asked if we would write a letter stating what it is that the Commissioners Court would like for them to do when they find a property that is in noncompliance. So, I drafted this letter as an idea, and I'm hoping for any suggestions you might have. COMMISSIONER LETZ: I think we're in the same situation; we can look at it and discuss it, but we can't vote on it. MS. HARDIN: That's fine. MR. EMERSON: I'm not sure Ms. Hardin's looking for a vote. If I understood correctly, she's looking for a little guidance. MS. HARDIN: Looking for direction, whether this is what you would like for me to -- COMMISSIONER BALDWIN: So, what I'm picking up from the letter is that we're not asking them to deny any permits or do anything other than to notify the County of a problem? MS. HARDIN: Yes, sir, that's it. COMMISSIONER BALDWIN: That's what I like. COMMISSIONER LETZ: And that's what we have -- what I think our intent is, is that we want to be notified of it, but we don't want to stop development, stop 4 1 ~ - n 5 63 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 '0 21 22 23 24 25 wells. I think we're getting on shaky ground -- or they are if they start denying permits. COMMISSIONER. BALDWIN: Yeah, absolutely. MS. HARDIN: So the letter is -- COMMISSIONER BALDWIN; I like the letter. MS. HARDIN: You like the Letter? Thank you very much. JUDGE TINLEY: I think one suggestion. The next-to-last paragraph dealing with the deed, supply a copy of the deed. May be difficult to supply the original. MS. HARDIN: Okay. JUDGE TINLEY: Anything further from any member of the Court on that particular agenda item, Item 12? Let's move to Item 15, if we might, consider and discuss procedures for the paying and reporting of expenditures involving penalties, fees, interest, or other costs associated with the late payment or other administrative system failures. Commissioner Nicholson. COMMISSIONER NICHOLSGN: What I'm seeking here is a -- it says a court order; I might not have the right language. What I'm seeking here is to either discover that there's a process in place to keep these kinds of errors from occurring in the future, or that we establish one. And then the second thing I'm looking for -- I don't think Tommy's here -- is to learn whether or not there are y-iz-~~s 64 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 other opportunities to make these same kinds of errors in our county government pay -- system of paying. What we have is a -- we have a series of four errors. It started back in 200?, I think it was -- yeah, January 2002, that resulted in payments Erom Kerr County in excess of a total of more than 52,000 that were neither budgeted nor approved as an I expenditure. And you get to that by the -- by the penalties or interest or late fees or whatever it is; it's simply an add-on to the payments that you're already making in the retirement fund, so it seems to be a loophole in the process of checks and balances on -- on spending. And what I see is that it occurred in January of 2002, and I presume the only officials that were aware of them were the County Judge and the Treasurer, And I don't know what action they might have taken, but it occurred again the same month, so if they took any -- or next month, so if they took any action, it was ineffective. And, again, neither the Auditor or Commissioners Court were aware of it. Occurred again later in September of 2002, so three times that year, the same mistake being made, and apparently not learning much from it. It occurred again in 2005, and it came to the attention of the Auditor and the Court at that time. So, what I'm asking is that -- two things. That we get a court order that instructs paying officials to notify the County Auditor when a -- when a procedural failure e-~a-os ti5 1 0 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 occurs and spends money that's not authorized. And I'm also asking the County Auditor to tell us if there are any other situations in the bill-paying process where payments can be made without either being budgeted or having the prior approval of the County Commissioners Court. COMMISSIONER BALDWIN: Let me ask you a question. Who would you be ordering to report to the Auditor? COMMISSIONER NICHOLSON: Whoever has the information. Whoever causes the error to occur and an expenditure to be made. COMMISSIONER BALDWIN: Well, okay. I agree with you. I'm -- I can't quite see how that completely works, but in prior -- prior to this -- you're talking about in 2002. I never received any notification of anything wrong; I can tell you that. Now, I think in your notations here, the County Judge received a copy, and I'm assuming that the County Judge automatically receives a copy from the agency or -- retirement agency, whoever it might be, but I don't know that the Commissioners receive -- I have not, or the Auditor. But I -- so, in -- in this case here, you're saying that a court order would order the County Treasurer to notify the Auditor when there's late fees or any -- any kind of change in the budget issue? COMMISSIONER NICHOLSON: Yes, sir. And `+-11-~ S 66 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 potentially any other official who could -- I don't know if it would be the Tar. Collector/Assessor that's making payments to the state, or Environmental Health that makes payments. Any other situation -- similar situated issue would be reported. COMMISSIONER LETZ: I think -- I mean, I think I don't have any problem with -- the Treasurer is here. But, procedurally, it seems to me that the Treasurer and/or the Auditor -- no disbursal is made from any county funds without their approval. I mean -- COMMISSIONER BALDWIN: Both of them. COMMISSIONER LETZ: Both of them. COMMISSIONER WILLIAMS: That was the case here; there was no expenditure from -- direct expenditure from county funds. It was a penalty levied by T.C.D.R.S. against our account, so there wasn't -- it wasn't something that turned up on the bill list. I understand where you're going, Commissioner, and I'm -- I don't have any problem with it, but this is the result of -- this is a little different than the Auditor coming and reporting a late bill to Bank of America and interest penalty for which he has to draw down, for example. COMMISSIONER NICHOLSON: All I'm saying is that other officials may have occasion that a similar kind of error could create the same situation. I don't know l - 1 _' - i ~ 5 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. This may -- this may be the only -- COMMISSIONER LETZ: Sheriff has a comment. SHERIFF HIERHOLZER: You do have that occurring, and some of it, gentleman, I -- my secretary agrees, there needs to be a solution to this, because we have cutoff dates for bills to be turned in to the Auditor, and if a bill comes in right after that date, then it's the next time before it comes up, and it's going to be a little over a month before that bill actually comes up on the agenda to be paid, at which time it's already late and you may incur late fees. We have had that happen on telephone bills and on gasoline bills, to where it didn't get -- get through there, and that does occur. And I don't -- with the schedule of events, the way they -- the Court and Auditor schedule things -- 'cause Mindy's got to have time to get all the bills entered. COMMISSIONER LETZ: But in those situations, though, the bills -- even though there may be a late fee, they're still presented to the court. SHERIFF HIERHOLZER: The bills are presented, but there's still a late fee that the County's paying. And it's kind of bad when you get a call from the gas company saying why haven't they gotten paid yet. COMMISSIONER LETZ: Right. SHERIFF HIERHOLZER: They look at -- well, ~,-iz-ua 68 1 3 4 5 E 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 it's because of the date it came in. COMMISSIONER NICHOLSON: Is this worded in a way that we can get a court order? JUDGE TINLEY: County Attorney is shaking his head. COMMISSIONER LETZ: No. JUDGE TINLEY: If I understand you, Commissioner, what you're -- where you're going is, any time there's any sort of an administrative fee or penalty or surcharge imposed, irrespective of whether or not it takes a direct expenditure of funds or whether or not it's charging on something that's in existence, the Auditor needs to be informed of it? COMMISSIONER NICHOLSON: Yes, sir. JUDGE TINLEY; Okay. COMMISSIONER NICHOLSON: That`s based on a system we've got that says if you make a $5 expenditure that's not budgeted, you got to bring it in here and get approval for it, and I don't think we ought to be making $2,000 expenditures. COMMISSIONER WILLIAMS: I don't disagree with that. DODGE TINLEY: You'll -- you'll place that on the agenda? COMMISSIONER NICHOLSON: Yes, sir, for the y-iz-os 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 '~ 23 24 25 third time. JUDGE TINLEY: With appropriate action language? COMMISSIONER NICHOLSON: I'll be back, and if I'm nor on my deathbed, I'll be in here and present it again. JUDGE TINLEY: Okay. Let's go to Item 18, if we might. Consider approval of the interlor_al agreement between Kerr 9-1-1 and Kerr County. I gather the -- the approval aspect of that agenda item will allow us to go forward; is that correct, Mr. County Attorney? MR. EMERSON: Yes, sir. JUDGE TINLEY: Pardon? MR. EMERSON: Yes, sir. JUDGE TINLEY: I thought I'd go there first, rather than wandering through the woods and finding out that we had to come back. COMMISSIONER BALDWIN: We11, this -- JUDGE TINLEY: Mr. Amerine? COMMISSIONER BALDWIN: This is -- yeah, I'll -- Mr. Amerine, start walking this way. MR. AMEP.INE: Okay. COMMISSIONER BALDWIN: The -- we've been back and forth with -- with the County Attorney a couple of times. Mr. Amerine wrote up an agreement, and -- and Rex -i,-us 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 70 worked on it and came back, and we worked on it and went back, and now this is the -- the one that has been approved by both parties. And it's -- it simply says -- bottom line is that 9-1-1 will continue their services and act basical]y as our agent at no cost. And it looks like a good agreement to me. Mr. Amerine? MR. AMERINE: I think you said it as well as I could. It's essentially -- COMMISSIONER BALDWIN: I'm not sure about that. MR. AMERINE: Well, thank you. It's essentially just an agreement that states what we've currently been doing on behalf of the county for rural addressing since the effort started in earnest in 2003. What our concern was, as I stated last time I visited with y'a11, I think the interlocal agreement does the appropriate legal transfer of authority from the county Road and Bridge down to our organization. And we did adopt quite a bit of language from the version that the County Attorney put out. For instance, if the Court decided to come to 9-1-1 for a special project, then that language is in there for sitting down and setting up a special agreement compensation, if it was due. So, I -- I'll answer any questions about the agreement, if you have any. But -- COMMISSIONER WILLIAMS: I just have one. 3- 1 G- n 5 ~1 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 '1 22 23 24 25 MR. AMERINE: Yes, sir? COMMISSIONER WILLIAMS: Is the Force Majeure clause new, or was that in there in the old agreement? MR. AMERINE: We never had an agreement prior to this one being proposed. COMMISSIONER WILLIAMS: Then it's good to have a Force Majeure clause in, based on what we know that can happen and is r_urrently happening. MR. AMERINE: Right. COMMISSIONER LETZ: I move approval of the agreement. COMMISSIONER BALDWIN: I second the motion. JUDGE TINLEY: Motion made and seconded for approval of the agreement. Any question or discussion? COMMISSIONER BALDWIN: I just want to make a comment, Judge. This is one of those issues, or one of those areas in government that we need to remember where we were three or four years ago and where we are today. We have come light-years. Mr. Amerine and his board has brought -- brought the 9-1-1 system into compliance and where we're supposed to be, and -- and just a tremendous amount of distance that we've come in the last few years, and I wanted to say thank you to Mr. Amerine for that. COMMISSIONER WILLIAMS: Well, I would certainly echo that, with thanks. -ice ~5 ~2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 JUDGE TINLEY: Any further question or discussion? 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.) JUDGE TINLEY: That motion does carry. We're about to 10:30, so why don't we take a recess for about 15 minutes. COMMISSIONER WILLIAMS: Works for me. (Recess taken from 10:26 a.m. to 10:43 a.m.) JUDGE TINLEY: Okay, let's come back to order, and back in session at our Commissioners Court meeting. We will go to Item 16; consider, discuss, and take appropriate action on the library contract with the City of Kerrville. Commissioner Nicholson? COMMISSIONER NICHOLSON: Looking for my library contract. I met with the Interim City Manager and the Assistant County -- Assistant City Attorney and the Library Director, and we talked about some issues, and then I believe the Assistant City Attorney and County Attorney got together and redrafted a contract that -- that approved -- that would meet their approval as to form, and we got those contracts this morning. And they don't -- I'm 4 iz u~ 73 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 talking -- I said "contracts." I'm talking about library, and then later we'll talk about Animal Control. The library contract doesn't appear to contain the provisions that we approved. For example, I don't find the $6,000 administrative fee in Item 6. I find that 50 percent payment, but -- MR. EMERSON: Talking about the library or Animal Control? COMMISSIONER NICHOLSON: Oh, I'm sorry, I got that on the wrong page. COMMISSIONER LETZ: The wrong contract. COMMISSIONER NICHOLSON: Here's library, okay. Changes from what we talked about earlier that have to do with the constitution of the Library Advisory Board. I think we talked about a commissioner and a councilman and seven members, and now this has got a commissioner and a councilman and five members. I'm okay with that number. The -- the earlier contract that we drafted and approved said that the at-large members -- that is, the members other than the councilman and commissioner -- would be nominated by the councilman and commissioner and submitted to the two government bodies for approval. And this one has -- we talked about these issues. I didn't necessarily agree to it. It was -- it was on the table when we quit talking. Two board members shall be residents of Kerr County and ~-iz-o e. 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 shall be appointed by the Commissioners Court. I'm a little sensitive about that language. Maybe I know what it means, but -- but everybody that lives in this county are residents of Kerr County, including the City Councilmembers and the people that live in -- in Kerrville. If they mean by that language that they shall be residents of Kerr County and not reside in the city of Kerrville, then that's a little bit different thing. COMMISSIONER LETZ: I think the -- that language needs to be cleaned up on C and D, 'cause I agree with that. And based on the -- you know, the way I look at it, I really think it should be switched a little bit based on that, because, I mean, I -- it's almost like it's forcing the Commissioners Court to not pick residents of the city of Kerrville, and I disagree with that, because there's -- I mean, just by the way it's broken out, I think the Commissioners Court's probably responsible for three members and the City two, because our constituency is far larger than theirs, and ours are also the City's. But, anyway, it's not -- COMMISSIONER NICHOLSON: I have constituents in the city limits of Kerrville that I might want to nominate. COMMISSIONER WILLIAMS: Well, the history of it is that that has happened. 9-1_'-~5 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Riqht. COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: But it's just the way it's worded. I think it needs -- the distinction should be more -- you know, I'd like to try to get a resident from the county and a resident from the city, but -- as opposed to who appoints them. MR. EMERSON: May I comment on that one point? The reason the wording says Kerr County is that leaves it wide-open to anybody in Kerr County. COMMISSIONER NICHOLSON: You could read it that way. But very often, Rex, when we talk to -- they talk about their constituents and our constituents. And they don't have any constituents that aren't constituents of one of these four Commissioners. COMMISSIONER WILLIAMS: Also, another question comes to mind, Commissioner -- and I don't know if it was referenced in your discussions, but historically, that advisory board has had one person who represented the Friends of the Library organization. Would it be your understanding, then, that -- that that would be one of the City's three appointments, or what do we know about that? COMMISSIONER NICHOLSON: Nothing. COMMISSIONER WILLIAMS: Just curious. COMMISSIONER LETZ: Was there a reason in u i ~ o s ~6 1 2 3 4 J 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your discussion why the City felt they should have three appointees and the Court two? COMMISSIONER WILLIAMS: 'Cause they own the place. COMMISSIONER NICHOLSON: I don't think that was in our discussion, but that's probably a good assumption. COMMISSIONER WILLIAMS: That would be the only reason I could offer. COMMISSIONER LETZ: I have not read through it as thoroughly as I should have, but the question I have is -- I know at first, the operational expenses were split fifty-fifty. Does it address non -- or I guess capital improvement-type items, repair or things of that nature, as to how they should be paid for? Because -- MR. EMERSON: Paragraph 8. COMMISSIONER NICHOLSON: Eight? COMMISSIONER LETZ: Eight. MR. EMERSON: Yes, sir, the last sentence. COMMISSIONER WILLIAMS: Which was a bone of contention, I always thought. I'm glad that's clarified. 'Cause we were -- in the past, we have provided 50 percent or more of elevators to go in a building that is not owned by Kerr County. We have provided significant funding for air-conditioners to cool a building that doesn't belong to y i~-~~~ 77 1 2 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kerr County, so I'm glad that's clarified. COMMISSIONER LETZ: Do we have a budget? COMMISSIONER NICHOLSON: Yes -- oh, no, we don't have a budget. We have budgeted an amount of money. COMMISSIONER LETZ: Right. I mean, and I'm wondering -- I mean, historically, they have put capital items in their budget that we've paid for. COMMISSIONER NICHOLSON: I asked that question, and yes, there are some capital items. It may not be important to us, since we've specified how much we're going to pay. COMMISSIONER LETZ: Well, but -- and that gets me to the point of, this contract kind of undoes that because we've specified an amount. But the contract says we pay halt of the operation expenses without any input into it? COMMISSIONER COMMISSIONER COMMISSIONER provide that we pay half. COMMISSIONER COMMISSIONER COMMISSIONER pay an amount approved by t COMMISSIONER WILLIAMS: Excluding capital. LETZ: Excluding capital. NICHOLSON: This does not LETZ: Yes, it does. WILLIAMS: No, it doesn't. NICHOLSON: It provides that we ~e Commissioners Court. LETZ: No, it says in Paragraph 9 11 n 5 78 1 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9, the parties agree that the proposed operational expenses for fiscal year shall be divided -- or evenly divided between the parties. COMMISSIONER NICHOLSON: That's unacceptable. COMMISSIONER WILLIAMS: It goes on to say, and shall determine amount that each party shall budget. COMMISSIONER LETZ: Well, that's contradictory, then. COMMISSIONER NICHOLSON: Yeah, it's contradictory. JUDGE TINLEY: Let me throw out something else here. By implication, I think in Paragraph 8, where it excludes capital expenses for the library, are there any other expenses that would not fall under either operating or capital expenses for the history center? Cause -- COMMISSIONER WILLIAMS: History center? JUDGE TINLEY: Why do we even mention the history center in here? COMMISSIONER WILLIAMS: 'Cause there's personnel costs there, Judge, and that's never been a part of the library, as such. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That's an extra -- the funding for which came about totally out of the realm of either budget, I believe. And there are -- there are 9-1 OS 79 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 personnel expenses in the day-to-day operation of that history center. COMMISSIONER LETZ: But -- and this is why I have a problem with never having a budget from them that we can look at. The -- as I understand it, the library manager oversees the history center. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER LETZ: But yet we're asked to pay half of that salary, you know. I mean, this contract, to me, is meaningless until we can get a copy of their budget. COMMISSIONER NICHOLSON: Well, another thing I object to is the -- COMMISSIONER WILLIAMS: Good point. COMMISSIONER NICHOLSON: -- bylaws. They're weak. They're so weak, you might as well not have an advisory board. What we approved and what we intend is the Library Advisory Board, rather like the Airport Board -- not the same, but same direction -- will provide oversight of the operations, and it would be at the strategic level; planning, budgeting, policies, not day-to-day operations or scheduling of people to work or anything like that. But that -- and that the Library Board will develop the budget as part of their strategy and policy planning, and present it to the -- to the governing bodies. e-i -us 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 ~l 22 ~3 " 24 ~5 COMMISSIONER LETZ: I mean, I kind of like that direction, but I think -- beyond that, I think if you -- well, I'd like to get to that, where the board is directly in control. I think there's an intermediate step, if the City's willing to go down there, and they may not, is to do it more like the -- have a management agreement between the library and the City, and the City provides the services. And this -- I'm not so sure that's really real helpful. I think the advisory board needs to have, certainly, some budget input. COMMISSIONER WILLIAMS: Well, that's a point I wanted to raise, too. The language change is intended to -- to deal with a concern that the Commissioner raised and I raised in the past, but it really doesn't, because historically, the Library Advisory Board has never been a part of the budget process. That was nanalea -- tnat nas been handled directly between the Library Manager -- Director, whatever he's called, and a representative of City staff, Finance Department. And the Library Board is "hear no evil, see no evil, do no evil." They don't know about it until -- in the past, they never even saw a copy of it, so we're gaining on it in that regard, and I've seen a copy of it, but it's all eY post facto, all after the fact. COMMISSIONER NICHOLSON: Commissioner, what I hope to see is that we would establish this new Library G ~_-ns 81 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 29 25 Advisory Board, and it would be staffed with people who care about literacy, but also care about good business practices. And the next budget period, before this time next year, they would have participated with -- and that includes a Councilman and a Commissioner -- participated in the budget process and would have a budget ready for us and the City Council that they can defend and rationalize. COMMISSIONER WILLIAMS: I'm with you. It's an improvement; there's no question about it. I'm not beinq critical. It is an improvement in that regard. I'm just saying, historically, it's never happened that way. COMMISSIONER NICHOLSON: No, you're right. COMMISSIONER WILLIAMS: And Article 10 takes care of until we get all of the events -- everything worked out, some of the sticking points, 'r_ause that keeps the old budget in place until a new one is drafted -- approved. COMMISSIONER LETZ: I mean, I guess, you know, my biggest concern is not -- it's -- you can't look at this document without looking at the budget with it. Because I need -- I mean, you just have got -- I've got to see how they're dividing things out, based on working with the City on some other contracts recently as to how they're proportioning their costs, what they're considering operational costs. And until -- you know, I really think it almost has to be -- has to be a part of it. a-iz-os 82 1 2 3 4 5 6 7 8 9 10 ]1 12 13 19 15 1F 17 18 19 20 21 22 23 24 25 MR. EMERSON: May I provide some insight on discussed between Ilse Bailey and myself, was that it was our understanding, through direct and indirect communications, that the County was going to budget 300,000, period, despite the fact that the City wanted 400-something, and this contract was created basically blind to this year's budget. Now, it does allow specifically for next year, that your library board, which theoretically would have a councilman and a commissioner on it, would provide input to the budget itself. And that budget that's -- that's prepared in cooperation with the Library Director is what would be presented to City Council and the Commissioners Court. So, you will have direct input into next year's library budget based on this contract, but where you are right now is you're kind of stuck under the old contract that was originally formulated in 1991. COMMISSIONER LETZ: So -- so there's no reason to approve this budget. I mean, I guess we could do this after October 1st, 'cause then it's for the next year. MR. EMERSON: You mean this contract? COMMISSIONER LETZ: It has nothing to do with the current -- with the operation of the 'OS-'OF year. It -- I mean, with the -- I guess the development of the '06 -- the budget for '05-'06, but it doesn't go into how the -_~-ns 83 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 '06-'07 budget will be put together. MR. EMERSON: The contract does. The old one doesn't allow for that. COMMISSIONER LETZ: Right. MR.. EMERSON: But you're either approving this money under the old contract or a new contract. COMMISSIONER LETZ: But it seems -- MR. EMERSON: I don't think you can just gratuitously give the City $300,000 without having some kind of formal arrangement. COMMISSIONER NICHOLSON: We11, I agree with that. In fact, if we don't have a contract, I don't think we should make our first monthly payment. I may also say that in my conversations with the Interim City Manager, our approach to saying the library may be too expensive and we need to analyze those costs may be taking place. He told me he was considering recommending to the City Council that they set a $600,000 budget, and the Library Manager find a way to meet that budget. COMMISSIONER LETZ: I guess I'm -- I'm a little confused now as to this contract doesn't -- is not for the '05-'06 budget? COMMISSIONER BALDWIN: Yes. MR. EMERSON: Yes. COMMISSIONER WILLIAMS: It is. -i.-os 84 1 .... 3 4 5 6 7 8 9 10 11 12 "'~ 13 19 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: As proposed. COMMISSIONER LETZ: I've never seen that budget to start with. And based on the way I read it, it's contradictory, because it talks about us paying half of the operational costs, and yet we've -- because we had to move on with our budget process, and we haven't received anything from the City, we just blindly budgeted 300,000. Well, that's potentially contrary, and I don't see how we can enter into a contract that says we're going to pay half of the operational costs when we don't even know what the operational costs are, and our budget's set. MR. EMERSON: The only other -- other than what I just told you, the only discussion we had to that effect was I specifically asked, if -- if the Commissioners Court approves 300,000, and their operational budget is signifi~~antly more than that, is the City going to immediately start screaming "breach of contract"? And for that, I was told no, that they were -- they were under the understanding that the County was going to budget 300,000 maximum, period, and similar to what Commissioner Nicholson just told you, that the City was going to budget accordingly and basically tell the library to deal with it. COMMISSIONER LETZ: Well, why don't we add a paragraph in here that says that? That says that for the '05-'06 year, the County's budgeting this, you know, a-1_ US 85 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 300,000. The City's going to budget whatever they're goinq to budget. And then, for future years, it's handled under the, you know, terms of Paragraphs 8 and 9. COMMISSIONER WILLIAMS: It does seem in Paragraph 9, Rex, the second -- the second sentence in that paragraph, is -- is in conflict with the first sentence. COMMISSIONER NICHOLSON: Yes. MR. EMERSON: Are you talking about in Paragraph 9? COMMISSIONER WILLIAMS: Yes, sir. The first sentence says, We agree the proposed operational expenses for the upcoming fiscal year shall be evenly divided between the parties, and this shall determine the amount of each party's budget and so forth. Then it goes on to say, second sentence, The County's approved budgeted amount shall be paid by Commissioners Court -- blab, blab, blab -- in 12 equal installments. MR. EMERSON: Correct. COMMISSIONER WILLIAMS: We could approve less than -- than what is half of the budget. As a matter of fact, we probably have. MR. EMERSON: That's correct. COMMISSIONER WILLIAMS: Or are about to. Which suggests to me that sentence two is in conflict with the intent of the first sentence. -1~-u 86 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EMERSON: All sentence two designates is how you're going to pay your budgeted amount. Instead of one lump sum, you're paying in one-twelfth each month. COMMISSIONER BALDWIN: Yeah, it's the first sentence. MR. EMERSON: The first sentence? COMMISSIONER LETZ: The problem. COMMISSIONER WILLIAMS: But it's the first three, four, five, six words, "the County's approved budgeted amount." That's what gets me. The County's approved budgeted amount. Then it tells how we're going to pay it. That can be in conflict with the first, because it's not -- may not be 50 percent of what's been sent to us. COMMISSIONER NICHOLSON: The problem is, Commissioner, the second sentence is my language, and the first sentence was superimposed on it. COMMISSIONER WILLIAMS: So -- COMMISSIONER NICHOLSON: The first sentence determines -- the first sentence determines how much is budgeted by each. COMMISSIONER BALDWIN: Right. JUDGE TINLEY: And that shall determine the amount budgeted. COMMISSIONER LETZ: I mean, I like the direction we're going. I'm not trying to throw a roadblock ~~-i~-as 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~~ up; I'm just trying to get the language to work. COMMISSIONER NICHOLSON: No, it's not a simple contract. Again, I saw it this morning, same time you did, and I want to go back and address the -- the issue of not having a budget. The fact that we haven't seen a budget is not an indication of negligence on the part of the County. We -- as you recall, we offered to follow the contract where -- where a County Commissioner gets together with the Library Director and develop the budget. They said no, we're not going to follow the contract. That was followed up by the Library Board trying to be more proactive and help out, writing a letter to the City and saying the City and the County need to get together as required by the contract, and we'd like to participate in that and help you out. That was rejected also. So, both us and the Library Board have made a good effort, going back over several months, to try to develop a contract that we could -- I mean a budget that we could look at and understand. COMMISSIONER LETZ: I guess I look at it -- until the City is willing to give us a copy of the budget, we're -- we won't fund it. We can't blindly just put money out when we don't have a contract and when we don't have a budget. I mean -- COMMISSIONER WILLIAMS: Well, we can approve a number in our budget, but just not make any payments until ~ i. -~,s 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 88 we get this thing set. COMMISSIONER LETZ: And we've done that based on the, you know, best information we had, which was none. COMMISSIONER BALDWIN: Well, but the first sentence in Number 9, though, won't -- won't fly -- COMMISSIONER LETZ: Right. COMMISSIONER BALDWIN: -- with that. COMMISSIONER LETZ: That's why I said -- COMMISSIONER WILLIAMS: That's my problem. COMMISSIONER LETZ: -- we need a new paragraph for this year, and then this is a contract for future budget years. COMMISSIONER BALDWIN: How can do you that? How can you plug in that one year number and then remove it after the -- MR. EMERSON: We can add a qualifying paragraph for this year only. COMMISSIONER BALDWIN: Okay, that's what we want to do. COMMISSIONER WILLIAMS: What is the termination clause of the existing contract? Current one that we're operating under. MR. EMERSON: Let me find it in here. It shall continue automatically for each successive year unless either party gives notice in writing by June lst of any year y iz o= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 89 that they want to terminate the agreement at the end of the then current year or renegotiate said contract. COMMISSIONER LETZ: And that notice was given, correct? Yeah, notice was given by the Court. COMMISSIONER NICHOLSON: They quarrel with the form that we gave it a little bit, but it was given path forward on this. COMMISSIONER LETZ: I have a question on that, before we get -- Rex says we haven't given notice. MR. EMERSON: I don't think the letter that was sent would hold up if it went to litigation for notice. COMMISSIONER LETZ: For what reason? MR. EMERSON: It's not specific. Let me find it in here. COMMISSIONER BALDWIN: Did you write the letter? MR. EMERSON: No. COMMISSIONER WILLIAMS: Whoa, whoa, whoa. Which letter are we talking about, the one you sent? Commissioner? COMMISSIONER NICHOLSON: I think it's a letter from Judge Tinley. COMMISSIONER WILLIAMS: 'Cause we sent one -- we sent one two years ago, and then another one. MR. EMERSON: Well, if you want to get into y-~_-n~, 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 technical legal terms, the problem you get into, and we haggled over this for a while, is we went back and forth on letters that went out two years ago, the material breach of contract with Ron Patterson's letter, but didn't -- they basically have an argument that we waived it when we turned right around and funded the agreement again. COMMISSIONER LETZ: I guess -- I mean, I -- you know, I'm frustrated that the City doesn't -- is not -- I see no attempt from the City trying to work with the County. We want to fund a library. We want to have a library, but the City won't give us the basic information that we require under Open Records requests, which I think is a ridiculous way for us to have to operate with the City, is to file Open Records requests, and I don't want to go down that road. I mean, I don't know -- I don't understand why we're having a problem on this contract. We want to fund it. We want input. We want to know what's going on. We want to have a contract. We want a library, but the City says no, basically. I'm just -- I don't understand. COMMISSIONER NICHOLSON: How -- let's talk about path forward. I don't see that we need to take any action on this contract we negotiated. Further action is needed to clean up this contract to bring it up to being acceptable to us, and to have a budget that we can look at in connection with approving it. So, it seems like the path o i? o= 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 91 forward is more negotiations. COMMISSIONER LETZ: And the c opy -- and, Rex, is there a formal way that we should request the budget? Maybe we haven't done that properly up till now. MR.. EMERSON: I think you've requested it every way short of standing on your head. COMMISSIONER LETZ: I thought we had. I just wanted to make sure that we 've requested the budget properly. COMMISSIONER BALDWIN: Commissioner, have you seen their budget, the City's library budget? COMMISSIONER NICHOLSON: No. At a meeting of the Library Advisory Board maybe three months ago, the -- after they refused to follow the contract and meet with us, the Library Director handed out a work -- a stack of 45 or 50 pages of worksheets that the City hadn't seen. It wasn't complete, didn't have any rationalization or anything. So, that's what I've seen. Doesn't have any totals on it. I can't tell you without going through 50 pages of information and total it up how much money we're -- COMMISSIONER LETZ: Was there a cost-of-living adjustment and things of that nature included in it? COMMISSIONER NICHOLSON: No. COMMISSIONER LETZ: So you have not seen a 9-iz-ns 92 1 L 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 l7 18 19 20 21 ?? 23 2q 25 budget. COMMISSIONER NICHOLSON: No. COMMISSIONER BALDWIN: General Schellhase, how in the world does the taxpaying public keep from getting outraged over this? I mean, how does -- GENERAL SCHELLHASE: Commissioner, why are you asking me? COMMISSIONER WILLIAMS; 'Cause you live next door to the library. COMMISSIONER BALDWIN: Because you live next door to the library. (Laughter.) Thank you, Bill. JUDGE TINLEY: Does any member of the Court have anything further to offer in connection with Item 16? Let's move to Item 17. Consider, discuss, and take appropriate action on the Animal Control Services Contract with the City of Kerrville. COMMISSIONER BALDWIN: This is kinder and gentler? COMMISSIONER WILLIAMS: Must be. COMMISSIONER NICHOLSON: Marginally. I've got at least -- and, again, I saw this the same time you did this morning, so I haven't studied this as carefully as I'd like to. I immediately see two issues. Under Paragraph 6, I can't tell what the administrative costs are in that number. I think the $136,000 and change is the 60 percent. 9-i~-o~ 93 1 3 9 5 6 7 8 9 10 11 l2 13 19 15 16 17 18 19 20 21 22 ~3 24 25 MR. EMERSON: They're built in. MS. MITCHELL: They're built in. COMMISSIONER NICHOLSON: They're built into that? MR.. EMERSON: Yes, sir. COMMISSIONER NICHOLSON: Okay, that satisfies that. And then under -- I think it goes under Part 5, the contract -- draft contract we submitted for approval had at least two things in it that are no longer in here. One is that we're not going to pick up -- provide dead animal service in the city of Kerrville, and the second thing is it excluded some provisions of their animal control order -- they don't call it an order. What do they call it? COMMISSIONER BALDWIN: Ordinance. COMMISSIONER NIr_HOLSON: Ordinance that we were not going to administer. MR. EMERSON: The exclusions are still there. It's just they've changed all their ordinances, and it's in l.b. Instead of stating numbers, it says except chickens, pigeons, livestock, and rabbits, which is the same animals that were in the exclusions. COMMISSIONER NICHOLSON: Where is it? Onder S.b.? MR. EMERSON: l.b., front page. COMMISSIONER NICHOLSON: Did you tell me they -~~ us 94 1 3 4 5 6 7 8 9 10 11 1 L 13 14 15 l6 17 18 19 20 21 22 23 24 ~~ L J approved a new ordinance? MR. EMERSON: That's what I was told, is that their new ordinance was Chapter 18, and that was the corresponding reference. COMMISSIONER NICHOLSON: Okay. That refers to a document that's been in existence for a year or so and hasn't been approved. There's a whole lot in there that we're not going to -- to enforce. They got pooper-scooper laws; they got all kinds of issues that we're not -- not staffed to enforce, so I don't think this -- I don't think Part 1 is sufficient, either. It doesn't include the dead animal issue. COMMISSIONER LETZ: How many dead animals do we pick up in the city? MS. ROMAP~: I didn't bring that with me, but -- COMMISSIONER LETZ: I mean, just a ballpark. MS. ROMAN: We don't pick up any in the county, all -- any and all dead animals. I can't give you the exact amount; I didn't bring that with me. Rex, I faxed that to you the other day. Do you, by any chance, have that with you? MR. EMERSON: I think it's 365. MS. ROMAN; It was in the 300's. COMMISSIONER LETZ: Are those mostly big y-ZZ-~,J 95 1 2 3 4 5 6 7 8 9 10 11 1L 13 14 15 l6 17 18 19 20 21 22 23 24 ~5 animals or little animals? MS. ROMAN: Large animals, deer. COMMISSIONER LETZ: I guess -- you know, I really don't have a problem, unless -- Janie may have a problem with picking up dogs, cats, small animals, but I think there's another issue when you get into wild animals. It's one thing picking up pets, another thing picking up wild animals. Pets, I can see that as being a part of this department, but this is not a wildlife department. It's a -- it's -- basically, it's a -- COMMISSIONER WILLIAMS: So you want language that says "domestic animals"? COMMISSIONER LETZ: I mean, if they took it out altogether, I would say -- to me, that makes a lot more sense. I mean, I just think that -- COMMISSIONER NICHOLSON: Commissioner, with me it's a matter -- I agree with you on the big animals; we don't need to be lifting or handling those, bur it's a matter of how you operate more efficiently out in the county. We got Road and Bridge, we got TexDOT out there doing these kind of things. In the city, they've got the Road Department that ~s around the city all the time. It's a burden -- time-consuming burden on us to go out and look for these, to even pick up these small animals, but I'm good to go either way. -__-ns 96 1 2 3 4 5 F 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: I mean, it's not that big of an issue if it's just a little bit of domestic animals. I notice -- I still have the safety and the health concern, some of those concerns, but also, you know, the City seems to pretty much go along with the rest of our modifications. COMMISSIONER NICHOLSON: Are you okay with that, Janie? MS. ROMAN: That's fine. Because the majority of domestic animals are -- are pets, what we normally do is we normally -- if they're the property owner's pet, then it's their responsibility to dispose of the animal, not ours. COMMISSIONER LETZ: Is that the city's ordinance, o r is that just our policy? Or is it -- MS. ROMAN: That's been the -- the agreement between the -- I mean, it's not in the ordinance, but that's an agreement that we all came to years ago. COMMISSIONER LETZ: We probably ought to -- that ought t o be addressed. I mean -- MS. ROMAN; That -- COMMISSIONER LETZ: -- in the contract, ii seems to me. MS. ROMAN: I just don't see picking up dead animals as a Rabies and Animal Control issue. Our main priority is rabies and animal control. A dead animal does -ice-o, 97 1 2 3 4 5 6 7 8 9 1U 11 12 13 14 15 16 17 18 19 20 <1 ?3 29 25 not fall under that. COMMISSIONER LETZ: That's true, too. MR. EMERSON: Just need your guidance on what the limits are going to be. COMMISSIONER WILLIAMS: Say it again? MR. EMERSON: Need to know, I mean, if we're not picking up any dead animals. Are we not picking up nondomesticated dead animals? COMMISSIONER LETZ: I guess the -- COMMISSIONER WILLIAMS: I'd like to know what we have done in the past. JUDGE TINLEY: Ms. Roman? MS. ROMAN: I did speak with Ilse Friday, as a matter of fact, and she told me that that was not an issue; that they had someone that would -- that was willing to pick up dead animals, period. COMMISSIONER NICHOLSON: And that was my understanding also. COMMISSIONER LETZ: Okay. Then take it out of the contract. I think Janie's right that that's not a function -- it's not a purpose of the Animal Control Lepartment. I think that's very valid. MS. ROMAN: Believe it or not, it does take up a lot of our time. A whole lot of our time. COMMISSIONER NICHOLSON: We're stretched 98 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 21 22 ~3 29 25 pretty thin on time. We got a lot of territory to cover. And it seems that, as a matter of efficiency, they could handle this issue easier, less expensively than we can, and down the road we won't have to be adding trucks and staff to take care of them. COMMISSIONER LETZ: It seems that the only issue other than that, then, is the -- the ordinance -- well, we don't -- even if they -- I guess you need to find out if Chapter 18 on l.b., if that's been approved by Council. But we're not required to do anything else under that. I mean -- MR. EMERSON: It's easy enough to go back in and take the specific language out of the old ordinance and just put that in there as exclusions. And it's -- I don't mean this bad, but it's their problem to relate it to the correct ordinance. COMMISSIONER LETZ: I guess what I'm saying is that if they have adopted a new ordinance and their intent is that we enforce that ordinance, we need to know what that ordinance says. Because iE there's things that -- as Commissioner Nicholson is saying, that we need to do, that's not contemplated under our agreement. So if they're referring to -- you know, but I think that that needs to be understood by both sides, as to what ordinance -- COMMISSIONER NICHOLSON: Yeah. 9-1~' U5 99 1 7 3 4 5 6 7 8 9 10 11 12 13 ]4 ]5 16 17 18 19 20 L1 L L ~3 ~4 25 COMMISSIONER LETZ: -- they've approved. COMMISSIONER. NICHOLSON: Okay. So we're sort of in the same place on this contract with the other one. We need further discussions and negotiations. COMMISSIONER LETZ: But we're a lot closer on this one. This is basically -- COMMISSIONER NICHOLSON: Yeah, just got the one issue. COMMISSIONER LETZ: -- just one issue. COMMISSIONER NICHOLSON: So, the scope of our servLCes. COMMISSIONER LETZ: Scope of services, exactly. JUDGE TINLEY: Any other member of the Court have anything further to offer on that particular item? Let's move to Item 19, consider, discuss, and take appropriate action to authorize an expenditure not to exceed $5,000 for professional services to meet the requirements of Texas Water Development Board for a Regional Wastewater Facilities Planning Grant for community of Center Point. Commissioner Williams. COMMISSIONER WILLIAMS: Thank you, Judge. As I noted in my agenda item statement to the Court, our first application for T.W.D.B. was not funded because, essentially, they ran out of funds in the small communities -~_ os 100 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Gc ~3 24 25 and the hardship programs, and the Texas Legislature has not refunded those two programs or given authorization to fund those two programs for the next biennium. Where that puts us is applying for revolving funds. And, basically, the sense of all that's included in the -- in the backup material, but the one that's entitled Page 1 of 4, Texas -- T.W.D.B. Regional Water Supply and Wastewater Facilities Planning Program, that's in the back part of your handout, and the Water Development Board does offer grants to political subdivisions of the state for studies and analyses to evaluate and determine the most feasible alternatives to meet regional water supply and wastewater facility needs. What we have before us is a need to go forward with preliminary planning and -- and design, engineering and design and all that stuff, a lot of which was done for us in the original application by Tetra Tech on a pro bono basis. As I noted to you in the statement, the amount of the work that was done had a value of about $7,200. The rules have changed, however, for the application, and it now requires that we have an engineer's seal, and my understanding from most engineers, you do not get that seal without -- without some support -- financial support for them to do that. And a lot of other things are included in it, and I'm asking the Court to help me move this forward for a second application to the T.W.D.B. -iz-us 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 L 1 G 2 23 29 25 Last month, about the third week of last month, I met with representatives of the T.W.D.B., and they encouraged us to come back with this application, 'cause this is the beginning of the new biennium and they have plenty of funding, and they like the project. And the amount of dollars that we're asking for in terms of a grant is about $62,000, and in terms of their budget and their ability to fund, that's a piece of cake. But I have to get certain things done. The County doesn't have the ability to do these things; it requires an engineer's seal, et cetera, et cetera, et cetera. And that's what this is all about, COMMISSIONER BALDWIN: Is -- is this the only step that we will -- that we participate in financially? COMMISSIONER WILLIAMS: This is the only step at this juncture. This gets our application before us. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: So that we know what the scope of the project is and what the overall costs are going to be. I'm not as}:ing for anything beyond what's necessary to get the application back to T.W.D.B. COMMISSIONER BALDWIN: And -- COMMISSIONER NICHOLSON: It's $5,000 budgeting? COMMISSIONER WILLIAMS: Up to $5,000. COMMISSIONER NICHOLSON: Do we have the ~-~^-os 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 ?3 24 25 budget? COMMISSIONER WILLIAMS: It is -- it is -- there are funds available in 10-401-486 under Professional Services -- I believe Nondepartmental, Tommy? And in the current budget. COMMISSIONER LETZ: This is a -- this comes under our current budget? COMMISSIONER WILLIAMS: Yes, sir, comes under the current budget. COMMISSIONER LETZ: I have -- as it turns out, the former project manager for Region J has just moved into this department and is going to be handling this, and he -- he sent me an e-mail, unsolicited by me, that he is looking forward to working with us on this project. COMMISSIONER. WILLIAMS: I met with him -- COMMISSIONER LETZ: I think that's a good indication. COMMISSIONER WILLIAMS: He was one of the three people we met with, and he was very forthcoming that he thought it was a good project. COMMISSIONER LETZ: So -- COMMISSIONER WILLIAMS: I would move approval of the budget request for expenditure of up to $5,000 for a design of preliminary engineering to satisfy the requirements of a second application to T.W. D.B. for funding a-iz n~, 1 2 3 4 5 E 7 8 9 10 11 1L 13 19 15 16 17 18 19 FO 21 22 23 29 25 103 for the Center Point wastewater project. COMMISSIONER NICHOLSON: Second. JODGE TINLEY: Motion made and seconded for approval of the agenda item, the expenditure not to exceed $5,000. 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: The motion does carry. COMMISSIONER WILLIAMS: Thank you. JUDGE TINLEY: We'11 move to Item 20, consider, discuss, and take appropriate action to appoint a board of directors for oversight of the Kerr County Juvenile Detention Facility, as provided for in Human Resources Code, Title 3, Facilities and Services for Children, Chapter 63, Residential Facilities for Certain Delinquent Children, Paragraph 63.004, Eoard of Trustees, Single-County Facility. Commissioner Williams. COMMISSIONER WILLIAMS: As the Court remembers, in a special session with the Juvenile Probation Board, we had agreed that our operation of that facility would come under Title 3, Chapter r3 of the Texas Human Resources Code. That code, as I have provided to you, requires certain actions by Commissioners Court, one of ~-lz-~;s 104 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 which is to appoint a board of trustees. That board of trustees can be either the Commissioners Court, minimum of five, or it can be, I think, a combination of Commissioners Court and persons from the general electorate, or it could be up to nine people, all of whom are not members of Commissioners Court. My personal preference would be for it to be a board either solely of Commissioners Court, or adding some members of the general public to assist us in that action in governance required. The board makes rules to govern, and it holds special meetings. It's subject to the provisions of the Open Records and Open Meetings Act. The board of trustees is responsible for the administration of the facility. The board of trustees shall develop policies consistent with the rules and regulations and standards of the Texas Juvenile Probation Commission. The board may appoint advisory committees if it determines to do that. The board shall appoint the e..ecutive director of the facility, and et cetera, et cetera, et cetera. COMMISSIONER LETZ: Has the County Attorney looked at all this? MR. EMERSON: From -- I'm sorry, I came in halfway through. From what perspective? COMMISSIONER LETZ: Well, from the standpoint of is this the -- is this what we need to do, or is this an option for us to do that we need to get to? 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~5 105 MR. EMERSON: To appoint the trustees? COMMISSIONER LETZ: Yes, appoint the trustees and -- MR. EMERSON: I think you need the trustees. The question is whether it's just purely Commissioners Court, Commissioners Court and community, or a combination thereof. COMMISSIONER BALDWLN: Personally, I think we need to appoint the Commissioners Court, and let's watch this thing as it unfolds for a few months before we make any kind of change at all. COMMISSIONER LETZ: I agree totally. I think that for this first year, we definitely -- maybe beyond that, but I think it's -- COMMISSIONER WILLIAMS: No, I'm cool with that. I think that's fine. COMMISSIONER LETZ: Only question is, and I don't -- I don't see how it would be a conflict. Is there any conflict, Judge, that you see serving on this board and the Juvenile Board, potentially? I mean, it doesn't seem that there's a conflict, but -- JUDGE TINLEY: Certainly, with regard to the policies and procedures, I know there's a requirement that the Juvenile Board approve those, and presumably that'll be the same one coming before the Court. -12-'.i5 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 ~1 22 23 24 25 106 COMMISSIONER LETZ: Seems to me it's good to have a person on bcth. 7 mean, to me, it's a positive to have -- JUDGE TINLEY: I haven't really -- I haven't really -- don't really have a definitive answer one way or the other, commissioner. COMMISSIONER LETZ: Obviously -- JUDGE TINLEY: I can't, off the top of my head, think of something that would pose a conflict, but that's not to say -- I haven't tried to think through every reasonable contingency or alternative. COMMISSIONER LETZ: Well, I think that the -- the law wouldn't allow for something that would put you in conflicting roles, 'cause, obviously, the law requires you to be on the other board, so I would think that they have thought that through. DODGE TINLEY: I'm not willing to engage in that assumption, Commissioner, but you may. COMMISSIONER WILLIAMS: It would be your -- be your sense, Mr. County Attorney, that if the Court approves naming itself as the board of trustees, five members, if, at some later date, we decided we wanted to add to that board, that would be an appropriate action? MR. EMERSON: Yes, sir. COMMISSIONER WILLIAMS: Okay. I would move -1~-u°, 1 2 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 107 that Commissioners Court approve the members of the Court as the board of trustees for the Juvenile Probation Facility, as provided in Chapter 63.004 under Title 3, Human Resources Code of the State of Texas. JUDGE TINLEY: You said probation; did you mean detention? COMMISSIONER WILLIAMS: Detention. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Yes, sir, thank you. COMMISSIONER LETZ: Second. JUDGE TINLEY: We have a motion and a second. 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: The motion does carry. Let's move, if we might, to Item 21, consider, discuss, and take appropriate action to adopt a Policy and Procedure Manual for the F:err County Juvenile Detention Facility as provided in Human Resources Code, Title 3, Facility and Services for Children, Chapter E3, Residential Facilities for Certain Delinquent Children, in Paragraph 53.009. COMMISSIONER WILLIAMS: I spared the county the expense and you the trouble of reading this voluminous e-~z-us 1 _ 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 2p 21 22 23 ` 24 25 108 document, which is entitled "Kerr County Policy and Procedure for the Kerr County Juvenile Facility." It is in place. It is a document that was put together, and I believe blessed by the Juvenile Probation Board; has already been. Under the Human Resources Code that we're operating under now, we are required Lo have in place a -- a policy and procedure manual. For the Court's benefit, this is a living document. It can be changed, amended, added to, taken away from at any time the board of trustees, you know, deems -- with the Facility Administrator, deems it appropriate to do so, forwarded and approved to -- sent up to the Juvenile Probation Board for its consideration, and then on to the T. J.P.C. for its consideration as well. So, what we're doing now is just putting in place -- with the Court's approval, we're putting in place what exists, the policies and procedures that exist, so we can continue to operate under the policies and procedures. If we determine at a later time that amendments are necessary by reason of circumstances or changes in T.J.P.C. procedures or whatever, whatever, we can amend it accordingly. So, I would move that Kerr County Commissioners Court adopt the existing policy and procedure manual for the operation of the Kerr County Juvenile Facility. COMMISSIOPIER 41ICHOLSON: Second. 5-iz-ue 109 1 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: Motion made and seconded for approval -- COMMISSIONER WILLIAMS: Do you want to read the -- JUDGE TINLEY: -- of the agenda item. COMMISSIONER BALDWIN: Not right now. JUDGE TINLEY; Adoption of the existing policies and procedures for the Kerr County Juvenile Facility. Any question or discussion? COMMISSIONER. NICHOLSON: Question. Appreciate your not asking me to read that, Commissioner Williams. Do you have a feel for whether or not that's a -- pretty much of a template policy guide that would be rather 1Lke the other 51 in the state of Texas? COMMISSIONER WILLIAMS: I think the Judge could better handle that question, Commissioner. JUDGE TINLEY: Basically, these have been adopted by the Juvenile Board. There's an annual requirement that the Juvenile Board approve the policies and procedures in place for the facility. And your specific question, I would answer yes; it's very much a template, because you've got quite a large number of standards and policies and procedures and regulations that have been issued by the Juvenile Probation Commission that control these various policies, so it's basically a takeoff on -- to y-i^ r,s 110 1 2 3 4 5 F 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 incorporate all of those. COMMISSIONER NICHOLSON: Thank you. COMMISSIONER BALDWIN: This is an annual -- an annual event? JUDGE TINLEY: The Juvenile Board is required by statute to annually approve the policies and procedures of the facility. COMMISSIONER BALDWIN: Okay. And now we're required to, being -- COMMISSIONER WILLIAMS: The board of trustees. COMMISSIONER BALDWIN: -- trustees? COMMISSIONER WILLIAMS: I believe we would be required annually, or at the very least, any amendments to it. What's your thoughts, Mr. County Attorney? MR. EMERSON: It doesn't specify a time frame, but I would presume annually would be in the best interests of the facility. COMMISSIONER BALDWIN: And this particular document that's laying before us is the present document that you all have approved for this coming year? JUDGE TINLEY: No, it was approved last January. It is in place now. It's the current version that's in place right now. COMMISSIONER BALDWIN: Okay. And when -- e-i~-nti 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 G 23 24 25 111 when is that annual time up? JUDGE TINLEY: January. COMMISSIONER BALDWIN: So, we -- JUDGE TINLEY: So, come next January, it will be before the Juvenile Board again for consideration and approval. COMMISSIONER WILLIAMS: And it will be back before Commissioners Court, acting as a Board of Trustees? COMMISSIONER LETZ: Right. COMMISSIONER WILLIAMS: First. COMMISSIONER LETZ: If there's a change to it, it would have to come before us, too. COMMISSIONER WILLIAMS: Sure. COMMISSIONER LETZ: Or recommended change. COMMISSIONER BALDWIN: But if there's not a change, will it come before this Court? JUDGE TINLEY: That's a question of the County Attorney, whether or not -- I'm not sure Chapter 63 requires that -- that there be an annual approval. COMMISSIONER BALDWIN: I'm just trying to figure out what we're doing in the loop here. I rani quite see that. COMMISSIONER LETZ: I think, clearly, that if there's a change to it, we have to get back in the loop at that point. If there's not a change, there wouldn't be. y-iz-u~ 112 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 we may want to recommend a change, in which case, then it goes back up to the Juvenile Board. So -- COMMISSIONER BALDWIN: And then did I hear you say that after it's approved here in the county, then it goes to Austin for their sign-off? JUDGE TINLEY: Any changes in the policies and procedures must be submitted to T.J.P.C. for approval. COMMISSIONER WILLIAMS: 63.009 says, "The board of trustees shall develop policies consistent with the rules, regulations, and standards of T.J.P.C." Doesn't say it has to be done every year. Just says you have to put it in place. COMMISSIONER NICHOLSON: I think what I'm hearing is we're doing it now for the first time; we're approving the existing document. First time it's got our approval. And then if there -- in the future, if any changes are proposed, that would have to come back to us for reapproval. COMMISSIONER WILLIAMS: That's my understanding, Commissioner. 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.) JUDGE TINLEY: All opposed, same sign. n 12-P~5 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 29 25 113 (NO response.) JUDGE TINLEY: The motion does carry. We'll move to Item 22, consider, discuss, and take appropriate action to reaffirm Kerr County's support of the development of the Hill Country Shooting Sports Complex, and the funding to provide -- to be provided by the Kerrville Economic Improvement Corporation and Texas Parks and Wildlife. I put this on the agenda in conjunction with Commissioner Williams. The Kerrville Economic Development Foundation, as some of you may be aware, last week issued -- unanimously issued -- their board did -- a statement of support for that shooting sports center operation out there, and the E.I.C. funding which was approved by the Kerrville Economic Improvement Corporation, after E.I.C. approved their funding and sent the matter forward to City Council for the Council's -- City Council's consideration of the contract to handle the administration of that funding, it was announced that Texas Parks and Wildlife had approved a grant for -- my recollection, as well as Commissioner Williams', is $300,000 of that project. And Commissioner Williams and I believe that, based upon some things that have occurred during the interim period of time since the initial approval of that $200,000 by the Kerrville Economic Improvement Corporation, that it would be appropriate to come back to this Court for a reaffirmation of the support that this Court was required 9-1L US 114 1 2 3 4 5 5 7 8 9 ]0 11 12 _. 13 14 15 16 17 18 19 20 21 22 ~' 3 ~° 2 4 25 to give in order for the shooting complex -- shooting center to even ma}:e the application to the Economic Improvement Corporation. And that's why it's before you here today. COMMISSIONER LETZ: The comment I'd make is that I still support the facility, though it's in my precinct, and there are a lot of concerns by neighbors of that facility of how the impact's going to be. And I don't want to withdraw my support that I've given, because I think it's good for the community, but before I'm going to go further, I want to see -- and I've talked to Jack Burch about it; I know what his plans are. I'd like to see a plan before us in writing as to what the -- exactly that facility's going to be used for. There's a lot of -- and I think it's more for the pubic. There's a lot of -- I hear a lot of things from -- and phone calls to me that are not what Mr. Burch has told me, though these people tell me that's what they've been told by various people, who-knows-who, and I'd like to know really what the -- see a written plan, which we've never really -- there's no reason for us to get it up till now, as to what the scope of the facility is. I know that they're going to have some Olympic trials there, which I think is very good for our community. But I've also heard that he wants -- you know, this is not from him, but from others; that his long-range plans are putting in a Thunder Ranch-type operation, which I'm not so 9-12-OS 115 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 ~5 sure that is -- it's not what I had envisioned earlier. He's told me it's not his immediate plans to do anything like that, but I really would like to see a -- because of the amount of focus. And I will say, it's not one or two people that have complained about the facility; it is a large number. And I think that it's appropriate to see exactly, in writinq, what the scope of that facility long-term is. COMMISSIONER NICHOLSON: I've gotten -- I had conversations about this more than I would have expected. I thought it was a -- when we voted for it back in July, I thought it was a slam-dunk. It brings good business into Kerr County, and it's economic development. I've gor the same concerns you just expressed that are coming from -- from constituents -- some of them are your constituents and some of them are mine -- and about noise and about pollution. And I've also got -- heard considerable expressed about using public funds for a private enterprise. Now, that -- using E.I.C. money is not my business; I know that. But state and city funds that are being derived from taxpayer dollars are being put into a -- a for-profit operation. Those two things together makes this issue trouble me a little bit. COMMISSIONER WILLIAMS: Well, the -- the Economic Improvement Corporation, which authorized the ~ - L ~ - , ~ 116 1 2 3 4 5 6 7 8 9 10 11 1z 13 14 15 16 17 18 19 20 21 ,~ 23 24 25 expenditure of $ 00,000, one hundred in each of two years, this year and the next year -- those are 4B sales tax dollars which are specifically designated for economic improvement or economic enhancement, and that's what the statement of support -- reaffirmation of statement of support is predicated on, is the economic development that this project -- the positive economic impact that this project has for Y.err County and the City of Kerrville. I've not heard what you might have heard Commissioner, in terms of the replication of a Thunder Ranch. COMMISSIONER LETZ: I don't think that's true. That's not the reason for my questions here. I just -- Mr. Burch told me that's not his plan, and I believe him. I just think that -- you know, I just -- you know, originally this came before us, and I still think it's a good idea. It's good for the community; it's good for the youth of Kerr County to have a shooting place, but it is not -- there are -- there is a down side to it that I didn't envision early on. And I think that I -- you know, that it's appropriate for the Court to know, at least, what the -- in writing, what the plan for that facility is, which we've never been given. And I just think that -- you know, I just think that it's a -- what I would like to see. And I -- unless there's something that really jumps out at me, I would still be in support of it. y-i_ os 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2L 23 24 25 117 But -- you know, and I've talked to -- like I say, I've talked to Mr. Burch numerous times and offered to help in any way I can. I've also talked to numerous residents in the area and offered to help them, and I think -- and I have encouraged the two sides to get together, you know, to accommodate each other as much as possible. That may not be possible, and that's not my business here or there. But I think the -- you know, that it is -- if we're going to, you know, go back out again and give support, I'd like to know what we're supporting, and right now I don't really know in writing what the plan for the facility is, other than what I've verbally talked with Mr. Burch about. JUDGE TINLEY: Sheriff, you had a comment? SHERIFF HIEP,HOLZER: Only comment -- I can't Ranch-type deal, whether it be open to the public. A lot of the Thunder Ranch-type talk, I know, probably comes from agencies such as ours or the police department, 'cause both our agencies use that range out there for yearly qualifications and needing every-siY-month qualifications. And a lot of the talk about that is the Thunder Ranch-type concept for qualifying law enforcement officers, okay? Not necessarily for -- open to the public. They had some setups out at Thunder Ranch which made qualifications a lot better and training a lot better for law enforcement officers. e ~_-ns 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, both the County and the City do pay for qualifications or qualifying officers out there for the biannual training that we have, but I haven't heard of a public-type Thunder Ranch like they had. But when people talk about Thunder Ranch, especially in our area, they talk about the type of facility they had for law enforcement. COMMISSIONER LETZ: I just think -- I mean, I think that the -- obviously, there has to be a written plan; you can't get grants without written plans. COMMISSIONER WILLIAMS: I was going to ask, would you like to see what was presented to Texas Parks and Wildlife? COMMISSIONER LETZ: I'd just like to know the plan for the facility, you know, what -- what the scope is. I mean, it's -- I hear a lot, but I don't know the -- I don't know what the plan is. I've never asked Mr. Burch for it; I'm sure he would give it to me. I had no idea this was going to be put on the agenda, that we give our support for it. All of a sudden, it's back on the agenda again, and, you know, because of the concern in the community on both sides, you know, I think that we should have, you know, what -- know what we're supporting. COMMISSIONER BALDWIN: Well, I -- as I read the agenda here, it's to reaffirm our support of the development of the shooting sports complex. Now, what he y ,=_n= 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 119 has in mind to do out there long-range I have no idea, but the way I understand it, what I'm supporting is moving toward this Olympic issue, this shooting -- the contest; the actual shooting contest, and I'm in support of that. I -- I think it's a little bit goofy here that we're asking to support the Kerrville E.I.C. issue, but I, as a Commissioner, am in support of what I know is going on out there. Now, if he moves toward a Thunder Ranch, I don't care. That's his business. That's his property. And I -- then it becomes a civil issue, I think, between whoever. So, as far as I'm concerned, I'm willing to vote for this agenda item today. Vote for it. COMMISSIONER LETZ: I mean, the Olympic thinq, from what Mr. Burch has told me, that's, like, once every two years, you know, and that's a small part of his plan. COMMISSIONER BALDWIN: I'm telling you what I think I'm voting on here. COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: General Schellhase, do you have any comments about the -- COMMISSIONER BALDWIN: The library. COMMISSIONER WILLIAMS: -- the -- not the library. (Laughter.) About some of the environmental issues that have been raised? 9-i~-us 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 120 GENERAL SCHELLHASE: As you know, this was brought before the U.G.R.A. Board in July. We appointed a special committee to take the hearings and listen to the input, of which I chaired that committee. We did do that. The issue initiated as noise. It came before the board as a pollution issue, because the noise issue didn't go anywhere. The people in Whiskey Ranch Valley tried to get the people south of I-10 involved from a pollution standpoint, because that's where the water flow goes. It turns out we had a benchmark in there. In March, water tests were made on both of the outflow areas from the rifle range. There was no detectible lead or arsenic in the water. We made additional tests in early September/late August, again found no traceable amounts of lead or arsenic, and took the position that U.G.R.A. has no opposition to what's going on, found no pollution. However, we'll continue to monitor the water from both of these outlets over the next several years, four times a year, to determine if there's any pollution generated. We were told by Mr. Burch that he is installing settlement ponds from the outflow of his operation leading into both of these waterways to collect any sediment that might generate a deterioration in the lead -- separation of lead from arsenic that might settle into the sediment, so I think he's doing his due diligence in that area. Thank you. JUDGE TINLEY: Any questions? ~-i,-us 121 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~? 23 24 25 COMMISSIONER WILLIAMS: I offer it as a motion, that we reaffirm our support. COMMISSIONER BALDWIN: Second. DODGE TINLEY: We have a motion and a second. I assume to reaffirm in accordance with the statement of support attached? COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Okay. I have a motion and a second. Any questions or comments? COMMISSIONER LETZ: Only comment I'll make is that -- you know, is that I'm being forced to vote against something that I'm ir. favor of because I don't have the information that I've requested. COMMISSIONER WILLIAMS: Well, I'd like to just offer that we should invite Mr. Burch here, and provide us with -- provide us with whatever it was that he provided to the E.I.C and to the Texas Parks and Wildlife so that the Court knows exar_tly what it's all about. JUDGE TINLEY: Any further question or comments? All in Eavor of the motion, signify by raising your right. hand. (Commissioners Baldwin and Williams voted in favor of the motion.) JUDGE TINLEY: All opposed, same sign. (Commissioners Letz and Nicholson voted against the motion.) a-;--~s 1~2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Z3 24 25 JUDGE TINLEY: Vote's two to two. The Chair votes in favor of the motion. Let's go to Item 23, unless you want to come back to that item. What's the Court's preference? Try and hit 23 or 24 before noon? COMMISSIONER LETZ: Well, 23 -- I mean, you can call it. I mean, I think the next one's probably -- we may need to go into executive session. JUDGE TINLEY: Let's go ahead and take up Item 23, consider discuss and take appropriate action on Fiscal Year 2005-Oh budget. COMMISSIONER LETZ: This, I mean, is a preliminary comment. My preference probably would be to come back and do this after lunch, but I put it on the agenda because we had a marathon meeting last week when we went through a lot of things. We were trying to get the budget dollars to a point that we could settle on a tax rate, which I think we did, but there's things that we left undetermined. We have requests from a number of departments about change -- merit changes and -- you know, that are fairly plain, or in salary. There are some -- I haven't gone back through all of my notes, but there may be some other equipment and things left a little bit unanswered, and I just thought that we ought to -- you know, I just put this on the agenda so that we could, as much as anything, get on the -- find out what the Court's plan is for finalizing a -ia-us 123 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 ~~ 23 29 25 budget so we don't end up in a situation, like we have in other years, when something comes to be expended and we didn't adjust the budget. That's the only reason I put it on the agenda. I really -- if we want to go through it now, we can. I'd really rather wait till after lunch. We're going to be back; I think we can do it at 1:30. COMMISSIONER NICHOLSON: I do too. I'd like to wait. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: And on that subject, I'd like to ask Tommy, do we have a current budget summary? MR. TUMLINSON: No. The -- the Treasurer is working on the position schedule, and we can't finalize that worksheet until that's done. COMMISSIONER NICHOLSON: The last one I have doesn't include some of these changes that we made in that marathon session; it doesn't have a proposed tax increase in it. COMMISSIONER LETZ: I think it had a bigger tax increase than the one -- that had a two -- Tommy, the one you have has a 2 percent increase? JUDGE TINLEY: 2-cent. COMMISSIONER LETZ: 2-cent. We approved a one and three-quarter. JUDGE TINLEY: Okay. 9- 1 2- U 5 124 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 <0 21 22 23 24 ,~ LJ COMMISSIONER BALDWIN: One question I have is -- and I'd like to have this number so I could chew on it with my cheeseburger. The figure -- the shortfall figure before we started eliminating positions and raising taxes, what was that figure? Does anybody -- surely there was something. There was a piece of paper, much like what -- like that piece of paper right there. COMMISSIONER LETZ: There probably is one, but it will be the one before this one. This one has a 2-cent tax increase. This is -- COMMISSIONER BALDWIN; I understand. But it would be -- I would thinY it would be one of those documents. COMMISSIONER LETZ: I don't know that there is one that had everything in it before. COMMISSIONER WILLIAMS: I don't think there is. JUDGE TINLEY: Well, it didn't have the COLA's in there, for example. It wouldn't have had the COLA's. COMMISSIONER. WILLIAMS: Didn't have juvenile. COMMISSIONER LETZ: We don't have one that_ has -- COMMISSIONER BALDWIN: Really accurate number? [A - i _ - U ~ 1~5 1 2 3 4 5 5 7 8 9 l0 11 12 13 14 l5 16 17 t8 19 20 21 G <. 23 29 25 COMMISSIONER LETZ: -- an accurate number. JUDGE TINLEY: No, I don't think so. COMMISSIONER BALDWIN: Okay. COMMISSIONER NICHOLSON: Just as a general observation, while you're having your cheeseburger, trying to make some sense of what's happened over the past few weeks, what I see is that we -- we got a substantial amount of new revenue, tax revenue and non-tax revenue, from -- and most of it coming from higher appraisals. And -- and we lost 140,000 due to enacting the senior and disabled thing, and 190,000 is not anywhere near the volume of the new tax dollars that we had coming in. And even with that, even with a lot of new tax dollars, more new tax revenue, we couldn't -- and working on the cost side of it pretty vigorously, we couldn't -- couldn't make a budget work without a tax increase. That's just -- it's hard for me to understand that. COMMISSIONER LETZ: I think the issue -- you have to go back to the Juvenile Detention Facility. I mean, the -- it's -- what drove this was our reserves getting lower than I was comfortable, and that goes back to the -- largely to that facility. I mean, that's -- you know, the -- the tax freeze and other things, I mean, those are certainly -- when you start getting into a bind, every penny starts counting a whole ]ot more than when you have a 30 -- y t~ os 1 2 3 4 5 E 7 b' 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 <5 126 have a 30 percent reserve. You can be a lot more, you know, lax. And -- which isn't good, but it's just what happens. When you get down to below a 20 percent reserve situation like we found ourselves, you have to start looking at every penny really closely, and that's where I think we found ourselves this year. And I think, you know, the -- you know, I'm sure we all read things in the paper that have been critical of some of our decisions. I think the one I take the most offense to is the fact there's some implication by some of them that we didn't care about the employees. And that bothers me, because I think that anyone that comes to this Court ever in that area, that's the furthest thing from the truth. This Court, more than any court that I've been on, has fought for the employees. We've given them raises across the board where we can, COLA's that are -- that are real COLA's, as opposed to picking an arbitrary 2 percent number that didn't usually meet. We`ve tried to eliminate the lower pay grades where possible and push people up. I think we've done that county-wide. We certainly have done it in the Sheriff's Department. We've done it -- which has been a tremendous improvement; there's no more turnover of deputies. And 1 think -- so I think that -- you know, that this Court has done a great job in looking after the employees. And 9-12-OS 127 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 that -- and doing that is also part of the reason we got into trouble. We establ5shed a longevity policy and other policies that we've stuck by our guns to help existing employees. Yes, it meant that this year we had to do a little bit of trimming, but -- and that's unfortunate. Certainly, I don't think any of us enjoy saying that we have to lay off a person in this department or that department. But I think, overall, this Court has done a great job that -- I'm very happy to be part of looking after our employees and helping them on the financial side. COMMISSIONER NICHOLSON: I want to comment again about what almost seems to be a gender warfare going on out in the community about the over-65 tax freeze. I'm reminded again that almost nine out of ten of the voters that voted in that referendum said yes, we want a tax freeze for seniors and disabled. And nine out of ten, there's qot to be old people and young people voting for it, poor people and rich people. So, I wonder when -- where -- at what point in a representative government you say we're going to ignore the will of nine out of -- of nine out of ten people and not do what they want us to do. And the other thing I want to say about it, it will -- it will become more money, but the $140,000 is not -- not a small amount in our budget, but it's not the main source of our budget ills this year. COMMISSIONER BALDWIN: I want to comment on g-iz-ns 12R 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 25 that. You remember we had a Commissioners Court meeting that called -- to call the election. And we had that, and it was almost like a hearing kind of a thing. COMMISSIONER NICHOLSON: Lot of people showed up. COMMISSIONER BALDWiN: Lot of people showed up. Not one person here under E5 to speak against that thing. Not one. COMMISSIONER NICHOLSON: That's right. COMMISSIONER BALDWtN: And we go to the people to vote, and very, very few people under 65 voted on the issue. So, to answer your question, at what point, as a representative government, do we say no? In hindsight, if I had the opportunity again, I would vote no. COMMISSIONER NICHOLSON: I know you would. COMMISSIONER BALDWIN: That would never, ever reach the -- the public to be able to vote on that thing, in my opinion. COMMISSIONER LETZ: I think the -- you know, on that point, I thin Y. -- you know, personally, we need to quit talking about it. Whar_'s done is done. I think that the -- you know, and we did it. Sut I think that the -- the argument that I had back at that time that I would put forward -- I know nine out of t_en voted for it, but wha*_ they voted for was to put it to aii election. They didn't _l_~,t 129 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 vote for the freeze. And that's the point that I tried to raise, and I think it should have been a county-wide election. I think it likely would have passed; I don't think it would have changed the results, but I think it would have given -- put it on the forefront more than it was. And -- you know, but we did it. We got to move on. We've made, you know, unfortunately, bad decisions at times, and we just move forward. I think that's one of them that, whether you think it's bad or not, it's done. Let's go. COMMISSIONER WILLIAMS: Only comment I would have, and I didn't even deal with that, is I think you're right; we've stretched that one about as far -- rubber band's about to break. But the reality is, in past budgets, it wasn't -- our past budgets have not been balanced against the ad valorem and the non-tax revenue. They've been balanced knowing that our reserves were sufficient to create a balanced budget for purposes of moving forward in our nest fiscal year, and that our -- historically, there is always sufficient within the reserves not used up in the budget year, and it comes out at the end of the year the same or a greater amount of reserves. What happened this past year was that the Juvenile Detention Facility, which was not included in our budget, provided us with about 800,000 or more dollars worth of red ink that we had not budgeted for, and that is the difference really in terms of where we were y-iz ~s 130 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last year with a tax rate -- with no tax increase into the rate -- no increase into the rate, as opposed to this year. JUDGE TINLEY: Okay. Why don't we be in recess till 1:30. COMMISSIONER WILLIAMS: Two people with their hand up. MR. TOMLINSON: I was just going to make a comment that we do need to have -- there needs to be a public hearing on the budget, and it needs to be the same day as the -- as you adopt the tax rate. So, to move backwards 10 days from the right day, we need to finalize the proposed -- COMMISSIONER WILLIAMS: Didn't we set those dates? JUDGE TINLEY: No, that was on the tax rate. We got time to do that. MR. TOMLINSON: Yeah. JUDGE TINLEY: We got time to do that. SHERIFF HIERHOLZER: The only comment T'd like to make, because -- and the reason I'd like to make this now is I do have a funeral I have to go to at 2:00 that I may not get back. I just would like for the Court -- after we went back and after the decisions last week, in trying to work a patrol schedule and that, I didn't mind giving up the three, or even the one other one that's on 9- 1 ~ U S 131 1 L 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ?? 23 24 25 military, nonfunding, but I would truly like the Court to reconsider the two other patrol deputies when you finalize this budget. I don't like going down to any shifts that I could end up with only three working, and if two of those positions were back, I wouldn't have to do that. And I would just like -- that would still cut four employees out of i_he Sheriff's Office, but I would just like the Court to reconsider that so we can effectively cover the county. JUDGE TINLEY: We'll be in recess -- SHERIFF HIERHOLZER: I'll try to be here, but I may not be. JUDGE TINLEY: We`ll be in recess till 1:30. (Recess taken from 11:58 a.m. to 1:34 p.m.) JUDGE TINLEY: Okay, let's come back to order to our Commissioners Court meeting of this date. We were in recess for lunch to resume at 1:30. It's a bit past that now. We're back on Item 23, consider and discuss and take appropriate action on Fiscal Year 2005-06 budget. I have a number of items earmarked to go through, and -- COMMISSIONER BALDWIN: Judge, before you get into that, can I say something right quick? JUDGE TINLEY: Surely. COMMISSIONER BALDWIN: There was -- don't call me Shirley. There was several items that we had y .~ us 132 1 0 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 misworded and couldn't take care of today, and it's -- and some folks' business hinges on that, and I was wondering if we could call a new meeting with these particular agenda items on it either Friday, or we're in here Monday anyway. Monday would be a good time to do it. Just put together a rnini Commissioners Court meeting and take care of those items so these people can do their business and go on down the road with their life. JUDGE TINLEY: Right after we broke for lunch, I asked the County Attorney if it would be inappropriate to -- since we're going to be here, for example, next Monday, to have an agenda of the Court -- a special agenda of the Court itself, and the response I got was that as long as it's properly posted 72 hours, he saw nothing to prevent that. If there's a posting before whatever time Friday you want the meeting, before that time tomorrow, it could occur on Friday. I'm scheduled to be out at a county judge's meeting this Friday. COMMISSIONER BALDWIN: Let's just do it Monday. JODGE TINLEY: Okay. COMMISSIONER BALDWIN: We're ~n here at 10 o'clock -- scheduled in here at 10:00 on something; I can't remember what it is. COMMISSIONER LETZ: Tax rate. a z-..s 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 JUDGE TINLEY: Tar rate. COPIMISSIONEP. BALDWIN: Tax rate, yeah. And so we can come in a few minutes before and -- JUDGE TINLEY: Start at 9 o'clock and start putting these items on, and there may be some additional items that we have to take a look at. COMMISSIONER. BALDWIN; I'm sure there is. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: Appreciate the Commissioner bringing it up, but I think the Court ought to be aware, there are some inconsistencies in what we did today in terms of some of the -- a couple of the stylings. COMMISSIONER BALDWIN: True. COMMISSIONER WILLIAMS: We approved a couple that the styling was not totally to the County Attorney's satisfaction, and we rejected one that we'd already conducted -- or didn't reject it; we just didn't take any action on one where we'd already conducted a public hearing and knew what that was all about, so we were a little inconsistent. COMMISSIONER NICHOLSON: The reason we slipped those in is to check and see if Rex was going to sleep through the meeting or be awake. COMMISSIONER WILLIAMS: Oh, I see. And he did. v-i~-us 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 2~ COMMISSIONER BALDWIN: And we got him. COMMISSIONER WILLIAMS: He did. Well, Don, do you want to say anything? MR. EICHLER: Just tell me what day. COMMISSIONER WILLIAMS: Pardon? MR. EICHLER: Just tell me what day y'all are going to -- COMMISSIONER WILLIAMS: Next Monday. COMMISSIONER BALDWIN: 9 o'clock. COMMISSIONER WILLIAMS: It'll be on that agenda, styled correctly. MR. EICHLER: All right. And the notice in the paper will be worded correctly? COMMISSIONER WILLIAMS: Don't need a notice; we already went through the public hearing. MR. EICHLER: Okay. All right. JUDGE TINLEY: Okay, let me start hitting, if I might, some of these individual items. We had a -- the need for a reader-printer under the County Clerk's budget. That's going to be on Page 5 and 6. Ms. Pieper, is that under 569, Operating Equipment? Is that included there? MS. PIEPER: I believe it was under 570, the Capital Outlay, sir. JUDGE TINLEY: 31 August, it's not included On the run that I have dated Were those figures included 9-i~-us 135 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Z4 25 in -- or taken into account? I think it would have been a total of $3,400. It was $250 a month for 12 months, plus a $400 maintenance factor, and that would have made $3,400. Was that included in the -- in the run that was made? MR. TGMLINSUN: I don't remember. I'm not sure. I remember that discussion, but I don't -- COMMISSIONER N7CHOLSON: What are we doing here? MR. TOMLINSON: I thought we were going to have a lease on that. JUDGE TINLEY: Yes. MR. TOMLINSON: I don't think it is. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: Are we going back through the budget to audit it to see that the changes we made were included? JUDGE TINLEY: Well, that's part of what we're going to do, yeah. COMMISSIONER NICHOLSON: What are you looking at? JUDGE TINLEY: I'm looking at a run dated 31 August that the Auditor provided to me, and I've got several pages tabbed that I think there are outstanding issues on. COMMISSIONER WILLIAMS: Do we have that same run? Or is that -- 9-ia ~;~ 136 1 G 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONEP, LETZ; Is it that run right there that Commissioner Baldwin has? Is that -- JUDGE TINLEY: What's the date in the upper right-hand corner? COMMISSIONER BALDWIN; August 9th. JUDGE TINLEY: No. COMMISSIONER WILLIAMS: I don't have that. COMMISSIONER LETZ: That's all right. COMMISSIONER WILLIAMS: August 9th. COMMISSIONER NICHOLSON: I got 18 July in my book. COMMISSIONER LETZ: 1 have no problem -- I mean, that's the most recent run, and I -- that needs to be in the budget. MS'. PIEPER: That kind of worries me. Now I'm worried, what else is not going to be in there that I'm expecting? JUDGE TINLEY: Well, the reader-printer that we talked about, I think the consensus was during the workshop that we need to -- MS. PIEPER: Right. JUDGE TINLEY: -- add that in. Okay, I just wanted to confirm that. COMMISSIONER WILLIAMS: What was the cost of that again? y-iz os 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 c 2 23 24 25 JUDGE TINLEY: 3,400. That includes a maintenance factor of 400 on it. COMMISSIONER WILLIAMS: I agree, it ought to be in there. JUDGE TINLEY: Okay. COMMISSIONER LETZ: And based -- one comment in general. I think every elected official needs to look at their budget after Tommy runs his next run and make sure that things are in there. I mean, that's just a notice to everyone that a bunch of them were in the audit. JUDGE TINLEY: The Nondepartmental, and that's on -- well, if y'all don't have the run, it doesn't make any difference what page it's on, does it? COMMISSIONER NICHOLSON: Tab 2. JUDGE TINLEY: Nondepartmental, it was brought to my attention that 9-1-1 postage was not included in that. Ms. Mitchell mentioned that. COMMISSIONER LETZ: Correct. And also some office supplies, additional, I think, for the last mailout were not included. COMMISSIONER NICHOLSON: Why are we paying for 9-1-1 postage? COMMISSIONER LETZ: This is the final mailout for addressing that we approved -- or discussed in -- I guess we approved to do it about a month ago, just to go to i;-os 1 2 4 5 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 _^1 22 23 24 25 138 the final -- final time that the County's going to try to get people to get a 9-1-1 address. COMMISSIONER BALDWIN; There's still several hundred -- or a couple hundred folks out there that have not responded at all, and we're going to take one more shot at it. But I don't -- COMMISSIONER NICHOLSON: That's a good thing to do. COMMISSIONER BALDWIN; I don't remember the cost. COMMISSIONER LETZ: lt's -- I believe that $723.80 is the amount. I have $225 for envelopes and $500 for postage. $725. JODCE TINLEY: So, you need about $750 -- additional $750 in the -- COMMISSIONER LETZ: $500 for postage and $25C in office supplies. COMMISSIONER NICHOLSON: Not a lot of money, but there may be a principle involved. We have the duty or the authority to name roads. We don't assign addresses. COMMISSIONER LETZ: I believe that we have the authority -- the duty and responsibility for addressing, not 9-1-1, MS. PIEPER: Yes. COMMISSIONER NICHOLSON: House numbers? 5-iz-ns 139 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ; Yeah. That's the County's -- that's the County's authority. We've given it to 9-1-1 and they've done it. COMMISSIONER NICHOLSON: Okay, I'm wrong. COMMISSIONER WILLIAMS: So, postage is going to be added. How much? COMMISSIONER. BALDWIN; $750. JUDGE TINLEY: Total of $500 postage, $250 office supplies. COMMISSIONER WILLIAMS: Okay. JUDGE TINLEY: Okay. Information Technology, the -- the title cf the specialist -- the manager needs to have his employee deleted out of there, But in doing so, the consensus of the Court seemed to be that -- that he needed to be brought up to the 42, 42,5 range. That was the understanding Commissioner Nicholson and I had when we gave the info to the Auditor for the run. COMMISSIONER NICHOLSON: I thLnk he should be paid more like other senior -- not other; he should be paid more like senior elected officials. That's going up to around 45 or so, thousand. So, stepping him up to 41 or 42, something like that, would at least be directionally correct. COMMISSIONER LETZ: What's the current salary? s;-iz-vs 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 l~ 18 19 20 21 22 23 24 25 140 COMMISSIONER NICHGLSON: 35,181 plus COLA. JUDGE TINLEY: Mm-hmm. COMMISSIONER WILLIAMS: Well, 36,181 included the COLA from the past budget year. COMMISSIONER NICHOLSON: Okay. COMMISSIONER WILLIAMS: So, I agree with you. I think his performance merits consideration. So, what's the number? COMMISSIONER LETZ: 42. COMMISSIONER. NICHOLSON: Yeah. JUDGE TINLEY: 42 even? Or whatever's in that range for -- do we even want to -- MR. TOMLINSON: The note that I have that I received at the last meeting was 42,5, and that's in the budget, COMMISSIONER LETZ: It's in there? JUDGE TINLEY: That's already there? COMMISSIONER WILLIAMS: How does that work out in the grid, Barbara? MR. TOMLINSON: He's not. COMMISSIONER WILLIAMS: He's not. COMMISSIONER LETZ: Not in the grid. COMMISSIONER WILLIAMS: Not in the grid. MS. NEMEC: When you give us these amounts, are we supposed to add the cost-of-living? Or that's just 141 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 the new amount, and that includes -- COMMISSIONER LETZ: I think it's the new -- my feeling is this is the new amount; that's the amount for this year. COMMISSIONER NICHOLSON: Put 92,5 in. DODGE TINLEY: Okay. Let me -- I think we added him in the summary. Let me make sure that we've got the two different categories of Court-appointed criminal and Court-appointed civil in both the 216th and 198th. MR. TOMLINSON: They're in there. JUDGE TINLEY: They're in there. They're in the summary, I know. MR. TOMLINSON: They're in the budget. DODGE TINLEY: Okay. Okay. COMMISSIONER NICHOLSON: On those two, we also reduced the amount for special trials? MR. TOMLINSON: That's in there, too. COMMISSIONER NICHOLSON: Okay. COMMISSIONER WILLIAMS: It's in the current summary? DODGE TINLEY: Okay. I think the special trials was reduced all the way down to -- what, 10,000 in the 198th? MR. TOMLINSON: 10,000. JUDGE TINLEY: And 50 in the 216th? i_ ~~s 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER NICHOLSON: Yes. MR. TOMLINSON: No. SHERIFF HIERHOLZER: I think it was opposite that. MR. TOMLINSON: It's 10 in the 216th, and I think we left the 198th like it was. COMMISSIONER LETZ: Fifty, because it was felt that the Seard trial had a -- not much of a likelihood to come to -- correct? MS. UECKER: We should know pretty soon, because Feaselman's been reset for the first week in November, I think. COMMISSIONER NICHOLSON: Well, we can't wait till then. We have to do something now. MS. UECKER: No, but what I'm saying is we should know early in the budget year whether or not that's goinq to be sufficient or not. JUDGE TINLEY: Okay. COMMISSIONER NICHOLSON: Or too much. MS. UECKEP.: Or too much, yeah. COMMISSIONER NICHOLSON: I'm worried about the too much. JUDGE TINLEY: Let's keep rolling through here. COMMISSIONER NICHOLSON: I've got a question y-~~-us 193 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on 216th District Attorney. Probably pass that on, Judge. JUDGE TINLEY: Mm-hmm. COMMISSIONER NICHOLSON: Page 22 on mine. Tab 8. It appears to be an increase from a hundred -- I mean from 93,000 to 134, and I don't remember getting an answer why that's increased so much. MR. TOMLINSON: I know one reason. He's added -- he's added an assistant prosecutor, another assistant prosecutor. COMMISSIONER NICHOLSON: Wrong direction. MR. TOMLINSON: That's not totally all our cost, though. That -- his -- his office expenses are partially paid by the State, and partially paid -- well, they're paid by all four counties in the district. COMMISSIONER NICHOLSON: We -- here we are trying to squeeze every penny out of this budget we can, and we've qot him going up $40,000 a year in our costs. MR. TOMLINSON: What he told me was that in an effort to try to get some cases over with, and in a relatively real time, that he needed another prosecutor. That's what he did. He added -- COMMISSIONER BALDWIN: Well, you could add -- MR. TOMLINSON: We got problems with people in the jail, and that was his answer. COMMISSIONER BALDWIN: You could add 25 9-iz-os 144 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 attorneys, but if you don't have judges sitting here hearing them, it doesn't do anything. MR. TOMLINSON: Well, he -- I mean, he's got as many cases in Kendall County as he does here. That's one of the problems; he's got so many -- four counties. He has a heavy case load. COMMISSIONER WILLIAMS: What's our percentage share in a situation like that? MR. TOMLINSON: It's based on the '90 -- I mean on the 2000 population. COMMISSIONER BALDWIN: Ours is major. COMMISSIONER LETZ: Ours is a majority. COMMISSIONER WILLIAMS: Yeah. MR. TOMLINSON: About 45 percent. COMMISSIONER WILLIAMS: 45 percent? Okay. MR. TOMLINSON: Yeah, about that. COMMISSIONER NICHOLSON: I'd be inclined to say no. COMMISSIONER LETZ: I mean, I think it -- I would agree with Commissioner Nicholson that it's hard to approve them when we're forcing staff reductions elsewhere, and I don't know the reason. I mean, I know the reasoning; you just told it. But, I mean, I think that there's -- just hiring a prosecutor isn't going to solve the problem of getting things through the courts. I agree with what y iz o~ 145 1 2 3 4 5 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Commissioner Baldwin said on that. So, unless there's a real plan to move cases through the courts, it doesn't make a lot of sense just to hire another prosecutor. MR. TOMLINSON: I don't think it's fair to say no without hearing from him. COMMISSIONER LETZ: Well, that's what I'm saying; I agree. COMMISSIONER BALDWIN: Well, we're here. MR. TOMLINSON: Well, he hasn't been asked to come, either, that I know of. COMMISSIONER NICHOLSON: He could have sent a piece of paper in and explained it. JUDGE TINLEY: Would you go get the big book, the big thick one that's on the table there? If you'd bring that to me, I think we'll see what the backup is. That would show that. COMMISSIONER BALDWIN: Judge, are we at 198th or 216th? COMMISSIONER LETZ: 216th. JUDGE TINLEY: 216th, yeah. COMMISSIONER LETZ: 198th isn't increased -- I mean, not substantially. A couple thousand. COMMISSIONER BALDWIN: I thought Junction was 198th. JUDGE TINLEY: It is. -1'_ OS 146 1 2 3 4 5 H 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: It is. MS. UECKER: It is. 216th is Gillespie, Kendall, Kerr, and Bandera. COMMISSIONER BALDWIN: Yeah. You said Kendall; you didn't say Kimball. I'm sorry, I misunderstood you. JUDGE TINLEY: They've got lots of seizures going on up in Kimble County. COMMISSIONER BALDWIN: Little different story over there. JUDGE TINLEY: While we're waiting on that, on Health and Emergency Services, I looked at those numbers on the EMS contract, and that's $200,157. That includes our First Responder and Medical Director and all those other -- have you got that correction made? Okay. MS. MITCHELL: Is this the one you're talking about? It's got backup in there behind Tab 8. JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: The facilities lease, medical director, and First Responders, correct? COMMISSIONER LETZ: Yes. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: But that doesn't include first -- the First Responder budget. JUDGE TINLEY: Ten, four. ~-1~-os 147 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 I9 20 21 22 23 29 25 COMMISSIONER BALDWIN: It does? JUDGE TINLEY: It's about $10,400, and that's part of it. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: It's all part of that $200,000 figure. COMMISSIONER WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: Not -- not just the director's salary, but his little breathing apparatuses and those things that we pay for? COMMISSIONER WILLIAMS: Equipment. JUDGE TINLEY: I don't think there's any equipment in there. The funding request that we received was broken out as operational, medir_al director, lease expense, half of an ambulance, and First Responder. All of the First Responder was charged to us, and that was 10,400 and change, as I recall. COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: That's correct. JUDGE TINLEY: All of that was rolled into the $200,157. COMMISSIONER WILLIAMS: What is that, under County-Sponsored? COMMISSIONER BALDWIN: Probably. JUDGE TINLEY: This isn't going to work, ~, iz ns 148 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because that doesn't have that large increase in it. I need that great big book. MS. MITCHELL: You've got two other ones in there. COMMISSIONER LETZ: 198th. JUDGE TINLEY: No wonder. COMMISSIONER WILLIAMS: Here it is. COMMISSIONER BALDWIN: Yeah, this thing. Is this in here? COMMISSIONER WILLIAMS: I think so. (Discussion off the record.) MS. MITCHELL: These are the only two left. JUDGE TINLEY: You got it. Bingo. It shows a -- almost a doubling of the assistants, and it shows a -- an additional secretary, it looks like, from what I'm looking at here. COMMISSIONER WILLIAMS: Where are we now, Judge? JUDGE TINLEY: 216th D.A. COMMISSIONER LETZ: 216th. COMMISSIONER NICHOLSON: So -- COMMISSIONER LETZ: We pay 41 percent of this budget. COMMISSIONER NICHOLSON: We're not hiring another prosecutor? We're hiring another clerk? s iz ~~s 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 JUDGE TINLEY: Both. COMMISSIONER LETZ: Both. COMMISSIONER NICHOLSON: Hiring a prosecutor -- JUDGE TINLEY: And a clerk, yes. Now, the -- the V.A.W.A. grant was just approved, Violence Against Women Act, and we qot notification of that -- actually, last week we got formal notification, as I recall. That is a $70,000 grant. If I'm not mistaken, that is a Kerr County grant alone. MR. EMERSON: Correct. JUDGE TINLEY: And has nothing to do with the other counties. Those cases could be cases in the 216th, the 198th, or Kerr County Court at Law. That prosecutor -- and it was specifically primarily for the purpose of hiring an additional prosecutor. Do you remember the exact number, Rex? 70,000 is what comes to my mind. MR. EMERSON: 70,000-something. I don't remember the exact number. JUDGE TINLEY: Yeah. COMMISSIONER NICHOLSON: So, there -- he's got an '04-'OS estimated actual of 230,000. He's requesting 360,000, so about a 60 percent increase, total budget. COMMISSIONER LETZ: Are you saying, Judge, that the -- the Kerr County portion of that amount can come ~-iz-as 150 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 out of this grant? JUDGE TINLEY: The additional prosecutor, I know, can come out of it. And I don't know about the support services. That will be dependent upon the actual requirements of the grant. MR. EMERSON: It depends on what Mr. Curry wants to use that additional prosecutor for. The grant covers Kerr County only, not the other three counties of his office. And it's also limited to the scope of the cases that the Judge discussed. So, if he's wanting a prosecutor for all of his cases, that won't work. MS. UECKER: Would y'all like for me to call him, ask him to come over if he's in his office? JUDGE TINLEY: I think it may be appropriate to hear from him, sounds like. MS. UECKER: Okay. COMMISSIONER BALDWIN: Judge, I need to clarify the First Responder issue, please. What I'm hearing you say is you rolled the -- all the First Responder stuff is rolled into the -- the new city EMS contract. COMMISSIONER LETZ: The City rolled it into it, we didn't. JUDGE TINLEY: Mm-hmm. COMMISSIONER LETZ: The summary sheet they gave us, they had the Eirst Responder -- e-i~-vs 151 1 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: But we have a separate budget for First Responder that we do. COMMISSIONER LETZ: But that money -- doesn't that money go to the City's employee? COMMISSIONER BALDWIN; No, I think -- where's the Auditor's office? I think that on the -- on this First Responders' county budget is -- you know, the flashlights, the fibrillators and those kind of things that we purchase, he purchases it and then sends -- sends the bill in to your office. So, that's a separate thing. MR. TOMLINSON: Well, that's been true in the past, but I understood that -- that this -- that the City included all the expenses associated with the First Responders into one amount. COMMISSIONER WILLIAMS: Here's what -- COMMISSIONER BALDWIN: Okay. COMMISSIONER WILLIAMS: -- was requested of us. County subsidy for Medical Director, 9,040; County subsidy for EMS lease, 6,000; County subsidy for -- for operations, 136,000; County subsidy for equipment replacement, County First Responder program, 10,780. COMMISSIONER BALDWIN: I guess it -- let's see. We pay -- we pay half -- a percentage of his salary. COMMISSIONER WILLIAMS: Right. MR. TOMLINSON: Yeah, it's included in that 9 1~-05 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1ti 17 18 19 20 21 22 23 29 25 list. COMMISSIONER WILLIAMS: Yeah 9,040 each for the Medical Directors' salary. COMMISSIONER BALDWIN: Not Medical Director. COMMISSIONER LETZ: First Responder salary. COMMISSIONER BALDWIN: First Responder Director. COMMISSIONER LETZ: What was the number you're looking at? COMMISSIONER BALDWIN: 5,540 bucks. COMMISSIONER LETZ: Is there a salary item there? COMMISSIONER BALDWIN: No. COMMISSIONER WILLIAMS: Not for -- there's nothing on this thing I'm looking at for 5,000. COMMISSIONER BALDWIN: No, it's oxygen refills, portable radio, that kind of stuff that we purchase every year. COMMISSIONER LETZ: Yeah. I think Commissioner Baldwin's right; I think that equipment's in a different item. COMMISSIONER BALDWIN: This is a county -- county budget. JUDGE TINLEY: I'm looking at two different entries on ours dealing with First Responders. One is v-iz-us 1 2 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 153 Coordinator, and that estimated -- the amount budgeted for this year was 9,675. That may be where the 10,7 comes from. Then there's a separate item, First Responders Expenses, and we budgeted just a little over $3,000 last year. COMMISSIONER. BALDWIN; I think that is correct, and it's gone to 5,5 -- 5,500. JUDGE TINLEY: And that 5,500 I don't think is in this budget. It's not rolled up into this. Now, the -- this 10,780 is, 'cause it's within the 200,157. COMMISSIONER. WILLIAMS: Mm-hmm. COMMISSIONER BALDWIN: I agree. JUDGE TINLEY: So, what I'm hearing from you is we need to add 5,500. COMMISSIONER BALDWIN: $5,540 is the -- is the budget that he turned in. JUDGE TINLEY: Okay, 5,540. COMMISSIONER WILLIAMS: Is that Tab 25 we were looking at a while ago? COMMISSIONER BALDWIN: Yes, sir, the very last -- it's the very last -- COMMISSIONER WILLIAMS: 5,540? COMMISSIONER BALDWIN: Yeah, that's it. DODGE TINLEY: The adjustment on the Environmental Health employees, that adjustment's been made? Okay. The Animal Control kennel worker was added if we went q-iz-n~, 154 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 ~5 to five? MR. TOMLINSON: I took -- I took one out. COMMISSIONER. LETZ: Well, I think we should add the -- Animal Control should stay unchanged, 'cause it appears the City's going to execute the contract, so the employment out there should remain unchanged. COMMISSIONER WTLLIAMS: That's what we indicated; three employees if no contract, five if there was a renewal of the contract. Is that right? COMMISSIONER LETZ: Or close to renewal. JUDGE TINLEY: Yeah. COMMISSIONER NICHOLSON: So, what we know now is that_ there's a high, high chance we're going to have the same five people, so we just need to -- JUDGE TINLEY: My point -- my point was, the kennel worker never got into the recommended line for some reason, and there's only four on the run I'm looking at. Did that increase to five? 'Cause I know when I -- when we were computing the number, their 60 percent -- MR. TOMLINSON: Whatever the Court has is what the Treasurer put on the -- on the position schedule. COMMISSIONER LETZ: Barbara, how many do we have? MR. TOMLINSON: My note said to take two out of Animal Control. 9 __-u5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 155 COMMISSIONER LETZ: Riqht. And that's right, but we're adding those two back in today. COMMISSIONER. WILLIAMS: And you'll have to round the revenue back into non-tax, the value of the contract. COMMISSIONER LETZ: Animal Control contract. Which is -- JUDGE TINLEY: 136. COMMISSIONER LETZ: -- 136, whatever it is. MS. UECEER: Judge? Mr. Curry is in a Grand Jury; he said he'll be down as soon as he finished his witness. JUDGE TINLEY: You're showing, Ms. Nemec, five? MS. NEMEC: Five. JUDGE TINLEY: In Animal Control, a total of five? MS. NEMEC: Yes. JUDGE TINLEY: Okay. Then we have that -- COMMISSIONER NICHOLSON: That's what it should be. JUDGE TINLEY: Okay. County-sponsored. You have Water Development included? MR. TOMLINSON: Yes, I do. JUDGE TINLEY': The KCAD contract, based upon 9-i?_n, 156 1 L 3 4 5 5 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 ~, 23 24 25 the proposed numbers that they gave us? Okay. City fire contract, are you showing that at 125? I don't suppose anybody else has heard anything from them? COMMISSIONER WILLIAMS: Nope. JUDGE TINLEY: One can always hope. COMMISSIONER BALDWIN: Try and be funny. COMMISSIONER WILLIAMS: We can reduce it. JUDGE TINLEY: Library is 300. Okay. Eliminated the additional deputy from Courthouse Security. Okay. Page 58, I think. Agriculture Extension Service. The run I have, I assume, has been adjusted in the Agent's Salaries. What about the part-time salary? Is that still in there? Both of those are out? MR. TOMLINSON: Both of them are out. JUDGE TINLEY: Okay. COMMISSIONER LETZ: I'd like to look back at the -- the agent position. DODGE TINLEY: Glad you brought that up, Commissioner. COMMISSIONER LETZ: I think that it's -- you know, it's one that we pay -- we get a big bang for our buck with that funding, being -- whatever, 30 percent of that salary. I'd like to add that back in. COMMISSIONER BALDWIN: What -- do we have a number? -1~-us 157 1 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 Ll 2~ 23 29 25 JUDGE TINLEY: Well, it would put it back up to 31,370. COMMISSIONER N7CHOLSON: That's about -- COMMISSIONEP, WILLIAMS: Current 15,860 up to -- COMMISSIONER NICHOLSON: It's about $16,000 more than it was last year, because the position's been vacant. COMMISSIONER WILLIAMS: My note says the Stare pays 70 percent of that and the County pays 30 percent of that; is that correct? JUDGE TINLEY: And the other aspect of that is we do not pay any of the insurance costs on that employee. State picks that up. So, from an economic standpoint, that position maY.es a whole lot more sense. COMMISSIONER WILLIAMS: I'm fine with it. COMMISSIONER. BALDWIN; I'd like to see the person be put back in, but not the secretary. COMMISSIONER LETZ: I agree, not the secretary. COMMISSIONER BALDWIN: The short person or whatever that is. JUDGE TINLEY: FCS position is what you're talking about, Family and Consumer Science. COMMISSIONER BALDWIN: Mm-hmm. ~~-1~-iis 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 ~l 22 23 24 25 COMMISSIONER WILLIAMS: Mm-hmm. JUDGE TINLEY: Okay. MR. TOMLINSON: I took it out of the last one. COMMISSIONER WILLIAMS: Pardon? What, Tommy? MR. TOMLINSON: I said I just took it out this morning. COMMISSIONER WILLIAMS: I guess you have to plug it back in. JUDGE TINLEY: Those are the primary ones that I -- I just wanted to touch base on. Others may have some others. COMMISSIONER. NICHOLSON: I've got some more. COMMISSIONER BALDWIN; Well, we've got the D.A, here now. JUDGE TINLEY: Oh, yeah. Mr. Curry? MR. CURRY: Yes, sir. I'm sorry, I was right in the middle of something. JUDGE TINLEY: The Commissioners had some questions about the pretty wide variance between your last year's budget and your proposed budget for the coming year. It appears as though the big items are that you're hopeful of bringinq on a new assistant prosecutor, as well as a new secretary; is that correct? MR. CURRY: Yes, sir, that would be ~~-iz-us 159 1 3 4 5 6 7 8 9 10 11 I2 13 14 15 16 17 18 19 20 21 23 24 25 substantial. JUDGE TINLEY; Were you -- were you hoping to use the V.A.W.A. grant funds for that purpose? MR. CURRY: No. Actually, at the time I based that, I didn't think we were necessarily going to get the assistant; that was all done beforehand, so it was not based on that. It was just a straight assistant situation. We -- our docket has just blossomed, as the Court's probably aware. We -- we're just really inundated, and that was the purpose of that. COMMISSIONEP, LETZ; Is there a way to use thar_ grant to pay -- can you organize your office such that that person would handle those particular cases? MR. CURRY: I don't believe so. The -- we've kind of split that up. It's really just a -- a fairly limited use person for that. In fact, I'm -- we haven't met yet, actually had our little final meeting on it, but I suspect a large portion of that's going to be in the family violence area for the -- a lot of the misdemeanor cases and some felonies, but divided between the two courts, so it's not going to be a -- you know, a real major -- of great major assistance that we would really need. If it was one person for one court, it would be, but that's not the way it's going to be lined up. And it's for the limited types of cases, which will keep that person busy, but it's not 3-1~'-GS 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the -- the problem that we're really having. JUDGE TINLEY: That money's going to be expended generally for prosecutors and whatever other purposes are authorized in both the 198th and 216th, only in Kerr County? MR. CURRY: Yes, sir. JUDGE TINLEY: As well as the County Attorney's office? MR. CURRY: Correct. JUDGE TINLEY: In Kerr County. So, that V.A.W.A. money of some 70,000, you were -- you have a better handle on that figure? My -- my recollection, it was 70,000. MR.. CURRY: It's about /1. 'That's what 1 understood, 71,000. JUDGE TINLEY: That 70,000 will be applied against the collective Kerr County budgets of those three offices, will it not? MR. CURRY: That's correct. COMMISSIONER LETZ: Is there -- I mean, Bruce, I'm sure you're aware of the tight situation we're in. MR. CURRY: I was reading that with concern. COMMISSIONER LETZ: Is there -- I mean, is there any way that we could, in your -- reduce that? Or 9 ~_ i i 5 161 1 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 ~0 21 23 24 25 reduce the clerical assistant or, I mean, anything we can do to -- MR. CURRY: Yeah -- yes. I mean, actually, you know, we -- if we didn't increase that, I've been operating with basically the staff for 20 years. We've never really increased since the task force came in, and I think that was '97, if I recall. And so, you know, we could continue to do it. We're just really getting engulfed. It's just one of those problems. You know, could I do a part-time person? I don't know. I've never had much luck with part-time, to be honest. But, you know, that's a possibility. Could our current secretarial staff handle that? I should bring Ms. Brown up here to talk with you. COMMISSIONER BALDWIN: No. No. (Laughter.) MR. CURRY: It might be -- JUDGE TINLEY: The threat will be enough to hold off most of these folks. MR. CURRY: The economics of it, I don't -- I don't know. I mean, I -- but that was -- that's the problem. COMMISSIONER LETZ: In my mind, it's -- I understand the need, but it's a bad year -- MR. CURRY: Yeah. COMMISSIONER LETZ: -- to implement it. And if we could defer it a year, you know, or go part-time, that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ZO 21 22 23 24 25 162 certainly would be -- make it easier, in my mind. MR. CURRY: I'd certainly be willing to do either of those -- I mean, try them. 'Cause I understand the situation you're in. I -- I'm hopeful that this would eliminate a lot of our problems, and whether it's this year or ner.t year or partially, I -- be helpful in any event. But -- COMMISSIONER LETZ: I mean, I -- you know, I mean, you know your business certainly a lot better than I do as to whether it's better to defer it or try part-time. I mean, I don't know if it's -- if part-time doesn't work very well, no reason to throw money away, but if you think you can, you know, improve your backlog -- MR. CURRY: I -- well, to be honest with you, I'd really rather defer it between those two, 'cause I -- that's just a personal thing. I've never had -- you know, you qet some person in, and that might work great, and then if it didn't, you know, it might create more problems than it solves, but that's it. COMMISSIONER WILLIAMS: Bruce, I'm not sure I understand what the grant's going to be used for. Will you explain that a little? MR. CURRY: The V.A.W.A. grant? COMMISSIONER WILLIAMS: Yes, sir. MR. CURRY: That's going to be for violence -~~-os 163 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 against women. And I -- I foresee it to be primarily these cases where a spouse beats up another spouse, that type of family violence-type cases. It could include sexual assault cases, but most of those involve children, basically, and as I understand it, that grant will not cover it. I wish we could utilize it; that would make a difference, but we can't, so it's going to be mostly family violence. COMMISSIONER WILLIAMS: So, on the -- on the family violence type, it will pay for a prosecutor? Is that what you're telling me? MR. CURRY: The grant? COMMISSIONER WILLIAMS: Yes. MR. CURRY: Yes. Yes, sir. COMMISSIONER WILLIAMS: Okay. MR. LORRY: There is no support staff, as I understand it, for that, but the -- it's a prosecutor. And I believe there's -- office space has been provided, as I understand -- MR. EMERSON: Correct. MR. CURRY: -- for the prosecutor in the County Attorney's office, who will be -- if I can twist his arm, he'll be administering it. So -- but that's what it's limited to, those types of cases. Fairly -- fairly limited. Probably a little more flexibility, actually, in the County Attorney's office, but I'm not certain. But from our a-iz us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 169 standpoint in the district court, that's what it would be. COMMISSIONER LETZ: Is there a way that -- I don't know -- I'm having a hard time understanding how this grant is going to -- one, I guess it's not directly related to the budget, but say you have a -- you have a case that would qualify under the grant. Do you just bill the hours out of a current attorney, or do you have to hire a separate attorney? How does that -- what -- you or Rex; I don't know who to ask the question to. I mean, can you take one of your current attorneys and say they could bill a certain -- be reimbursed a certain amount of time -- dollars, I guess? MR. CURRY: I would think it would just be this new attorney that would be -- I don't think there's a billinq situation involved. It's just a -- this person would -- COMMISSIONER LETZ: So, a new attorney's hired that will work through all -- MR. EMERSON: The application on the grant was for a new position, and that's -- with that understanding, that's what the grant was approved on. And there were -- if I'm not mistaken, and I'm shooting off the top of my head, between sexual assaults and assault, family violence type cases, I think there were about 130 cases last year. COMMISSIONER LETZ: So, the grant will -iz os 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~, 23 24 25 155 indirectly help, but not directly, 'cause you can't -- it doesn't replace what you're asking for, but indirectly may help. MR.. CURRY: It -- yeah, there is a certain amount of that. And we're just hoping the three prosecutors can get together and coordinate and cooperate, and I don't think that'll be a problem, but it will be diluted somewhat. JUDGE TINLEY: I think you can designate prosecutors, but not require them to be full-time. And I would recommend that you not specify someone as 100 percent, because the first time you do that and you have a need -- you've got someone out of the office temporarily and you need to have that prosecutor fill in for somebody, you're immediately out of compliance with your grant. And what you may want to do is consider a partial percentage designation of several prosecutors, maybe somewhat in proportion to those kind of cases that they already handle now, and you've got yourself a good deal more wiggle room when it comes to staying in compliance with the grant that way. I think Mr. Emerson is noted as project director, so I think it's going to flow through his office, if -- if I understand this correctly. But it's for the benefit of the prosecution of all cases in Kerr County of this type. The amount -- the total amount that we're getting from the grant is just under $71,000. 9-1z-n5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 166 COMMISSIONER LETZ: But what -- I mean, what I'm hearing, though, is that Bruce is willing to defer the additional staff on his department until next year, we can look at it. And I know there's a Sheriff back there that would like to get some of this money, if we're freeing up -- MR. CURRY: He left before I could -- COMMISSIONER LETZ: Oh, he left? JUDGE TINLEY: I think when Mr. Curry mentioned that Ms. Brown may be over, he decided to leave. (Laughter.) COMMISSIONER BALDWIN: I may go with him. I've been through that one before. COMMISSIONER NICHOLSON: Thank you for your help, Mr. Curry. We need help. JUDGE TINLEY: Would -- would Ms. Brown -- would Ms. Brown give us the same answer with regard to the additional staff? COMMISSIONER LETZ: Don't ask the question. COMMISSIONER NICHOLSON: You're selling beyond the close. JUDGE TINLEY: I see. I've got myself protected; at least I inquired. COMMISSIONER NICHOLSON: Okay, let's go on. COMMISSIONER LETZ: Thank you, Bruce. MR. CURRY: Thank you. 9-12-OS 167 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER WILLIAMS: Thank you, sir. COMMISSIONER BALDWIN: I've got a couple issues. DODGE TINLEY: Go. COMMISSIONER BALDWIN: Thank you. I wanted to talk just a minute about the Juvenile Detention Facility. Our -- we set the budget based on the number of kids that we're going to have out there, and what I'd like to see is, at our next meeting, I'd like to see our Facility Director come to this Commissioners Court and set some goals of what she intends to do as far as numbers out there. I'd like to see her set goals for every quarter, every three months, to -- I don't know what numbers it might be; that would be her choice. But how many kids that she would have within three months and how many kids are going to be out there within six months, et cetera and so forth. And I'd like to see not only the number that she sets, but a couple of little items under that, how she's going to achieve that number. As an example, you know, I'm going to have "X" amount of kids out there in 90 days, and I want to put together a flyer of some sort that lists all of our things that we do at this facility and mail it to every person that -- every county or every -- whoever she deals with, probation officers or whoever, those kinds of things. A letter from the Commissioners Court saying, "We welcome you; please come 9-12-OS 168 1 2 3 4 5 E 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in," whatever -- whatever those little steps that it would take to achieve that number. And that's -- and I'm not -- I'm not trying to ding her or cause her any more trouble. That would help her. Setting goals is always a good -- a good thing to do, and I -- I'd like to see that. COMMISSIONER LETZ: I agree with that. I think it's also good -- I think we need to keep that facility in front of us all year. COMMISSIONER BALDWIN: Yeah, absolutely. COMMISSIONER LETZ: And I think I -- when you said quarterly, I recommend we do it_ with her -- currently, every other month she's coming before us now. I'd rather do it every other month. COMMISSIONER BALDWIN: I would prefer it every other month, but I didn't want to put a load on anybody. COMMISSIONER LETZ: But I just think we incorporate it into her every-other-month report, 2 o'clock report to us. COMMISSIONER BALDWIN: Just COMMISSIONEF. WILLIAMS: Well, I agree. I think we need to hear that in terms of goal setting or reporting and the status where we are, and what's in the conduit and how we're going to get them in. I agree. I think right now she's at about 73 percent, and we were i_-~,5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 169 talking about budgeting at 80 percent, so she's getting kind of close. JUDGE TINLEY: By setting benchmarks -- by her setting benchmarks, we are also able to see where we stand in relation to those benchmarks. COMMISSIONER BALDWIN: Absolutely. JUDGE TINLEY: I think that's very critical. COMMISSIONER WILLIAMS: True. DODGE TINLEY: Because if -- if we're materially short of those benchmarks, we may want to be considering what action we need to take. COMMISSIONER BALDWIN: Absolutely. COMMISSIONER WILLIAMS: Exactly, I agree. COMMISSIONER BALDWIN: That's exactly what I was thinking about. You know, if a basketball team gets in the dressing room and goes out on the court to play ball and there's no goals out there, the game's not played. So, you know, you got to set goals and you got to have goals, and I think in county government, this is a perfect place to apply that. And it would be healthy for her, as well as us being able to keep an eye on it as well. So -- COMMISSIONER WILLIAMS: I agree with you. COMMISSIONER NICHOLSON: So, you're the liaison, so you're going to fix that? COMMISSIONER BALDWIN: Well, I thought I was u-1= os 170 1 2 3 4 5 5 7 8 9 10 11 1G 13 14 15 15 17 18 19 20 21 ~~ 23 24 25 liaison by court order. I haven't talked to the woman in a long, long time, so I think Mr. Williams can be able to handle that. COMMISSIONER NICHOLSON: We don't need to -- COMMISSIONER WILLIAMS: We'll work it out. COMMISSIONER BALDWIN: I wanted to talk about the Sheriff's deputies, where we are in that. How many did we lay off, and is there any way to put anything back on? Or did we do that this morning? COMMISSIONER LETZ: I believe there's two actually gone. One was an unfilled position. COMMISSIONER BALDWIN: So there's actually just one? COMMISSIONER LETZ: Two -- no, there's actually two. COMMISSIONER BALDWIN: Well, the unfilled -- COMMISSIONER LETZ: Well, I don't mean unfilled; I mean the military leave one. The military leave one, we're not -- it's there, but we're not funding that one. So, there's two -- SHERIFF HIERHOLZER: Right. COMMISSIONER LETZ: -- deputies -- patrol deputies. SHERIFF HIERHOLZER: You had four, gave us one back with the cut in laptop computers, so we were two 3-i_ us 171 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 patrol short. COMMISSIONER NICHOLSON: But no one's leaving the payroll? SHERIFF HIERHOLZER: One is -- one position -- no, because I had an opening in the jail. But he is getting a -- COMMISSIONER LETZ: Well, one spot, 'cause you have an open spot. No one's leaving the payroll, but there's two less patrol deputies. COMMISSIONER NICHOLSON: No involuntary termination; we're just moving deputies. COMMISSIONER BALDWIN: Okay, that's what I was looking for. You happy with that? SHERIFF HIERHOLZER: No. COMMISSIONER LETZ: No. SHERIFF HIERHOLZER: The only part I'm not happy with is cutting it down to where we're going to have three officers patrolling 1,100 square miles. I'm not happy with that. If I've got an officer out west -- and I tried to explain some of this. If he's out west on a call, and the officer out east is on a call -- on a family violence call, which are very common, then the guy in central, if you only have three, is already backing up the guy out east, so that guy west, if he gets a family violence call, he is on his own. DPS doesn't work 24-hour shifts any more in this y-~_ os 172 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 county. They haven't for years, okay? That one man out west is goinq to be by himself. COMMISSIONER BALDWIN: You realize that -- COMMISSIONER WILLIAMS: Out west, or anywhere? SHERIFF HIERHOLZER: Huh? COMMISSIONER WILLIAMS: Out west or -- SHERIFF HIERHOLZER: Out west, or if the shifts -- you know, depending if it's a guy out east, okay, and the guy on the west has a call that's family violence. As y'all have seen, two officers go on family violence. They're just too dangerous if you don't. Then your central guy has to go back up the one out west, which leaves the guy east totally by himself. COMMISSIONER LETZ: Whichever way, if you have two family violence calls, you don't -- SHERIFF HIERHOLZER: At one time. Or, like, this morning early, there was a wreck on -- on lb North, okay. Ended up taking four officers, 'cause it was before daylight, and we had to have red lights out there for traffic control. This was before 6 o'clock. I don't -- I just can't -- the chief and I have sat down and -- and I know, you know, some people think we have too many employees or whatever, but I honestly sat down, gentlemen, and tried to loo}: at this, and there is no way around that it's going ~~-iz us 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 29 25 to put three officers on the road at times, and I just do not think that's appropriate for this county. COMMISSIONER BALDWIN: Rusty, I remember going through budgets a long time ago when Sheriff Greeson was here, and I can't tell you how long ago that was, but it was a long time ago. And he did exactly that; he had three men cover the entire county. Sometimes two. SHERIFF HIERHOLZER: When I took office, there was a lot of times that there was three, and this Court assisted us in getting it taken care of where we didn't have those problems. And -- and I -- COMMISSIONER BALDWIN: How much has the population grown in the last 10 years? SHERIFF HIERHOLZER: A lot, especially out in the county. Used to be city population was more than county. As we all know, in the last census, the county's population is more than the city, and a lot of their shifts are seven per shift. COMMISSIONER LETZ: I'm inclined to try to fix that. I think we found some money through the District Attorney's office by cutting out two people there. And I know my colleague in Precinct 2 is getting ready to hit me, so I'm going to duck when I say this, but if we go to Page 102, Parks, can we look at that budget again? COMMISSIONER WILLIAMS: What tab are you in? ?-~_-us 174 1 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Tab 2. COMMISSIONER WILLIAMS: Well, I'm of a mind to fix it, okay? I think the Sheriff has made a compelling case, and I'd like to see it fixed. Now, the question is, how do we fix it? COMMISSIONER LETZ: Right. And I'm wondering if there is anything in the Parks budget, which is primarily Flat Rock. COMMISSIONER WILLIAMS: Let's see what we qot. COMMISSIONER LETZ: Due to some improvements -- COMMISSIONER WILLIAMS: We can probably cough up 25,000. Will that help? COMMISSIONEP. LETZ: How about -- COMMISSIONER WILLIAMS: We got to do a bridge there. COMMISSIONER LETZ: Oh, we reduce that to 35,000. COMMISSIONER WILLIAMS: SHERIFF HIERHOLZER: If figured back in the overtime increase, can take that back out, part of that. about that. that's right. 25, so Mm-hmm. y'all had already you can take -- you Remember, we talked COMMISSIONER WILLIAMS: So we just -- we just 9- 1 Z U 5 175 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 funded one of them. COMMISSIONER LETZ: So, we take out -- COMMISSIONER WILLIAMS: Take the 25,000 out of Parks. COMMISSIONER LETZ: Parks goes to 35,000. COMMISSIONER WILLIAMS: All right. Just leave enough money there to do the bridge. COMMISSIONER LETZ: 102, Tab 2. COMMISSIONER WILLIAMS: I'm looking for it. Yeah, we'll give back 25. And the overtime factor? Do you remember what that was? SHERIFF HIERHOLZER: We were adding 20,000 to the deputies and 10 -- or 20,000 to the jail and 10 to the deputies. So, it was 10 to the Sheriff's Office 20 to the jail. COMMISSIONER LETZ: Why were we adding to the jail? SHERIFF HIERHOLZER: Because without the deputies, we were going to have to have a whole lot more jailers doing hospital guard duty and everything else on top of all that. COMMISSIONER LETZ: So you could add back 30,000. SHERIFF HIERHOLZER: Yes. If Tommy had already added that into that, you can take that and add it 9-12-GS 176 1 2 3 4 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back, so we can get back to trying to rover it a lot better. COMMISSIONER WILLIAMS: Okay. SHERIFF HIERHOLZER: 'Cause right now, the Sheriff's Office overtime is 15, I believe, Judge. And -- JUDGE TINLEY: Jail shows 15. SHERIFF HIERHOLZER: Sheriff's was -- we may have upped it. JUDGE TINLEY: Sheriff is -- if I can find it here. COMMISSIONER WILLIAMS: Well, between that and what we got from the District Attorney and the overtime -- JUDGE TINLEY: 20,000 at the Sheriff, I believe is what I'm showing. 15 and 20, jail and Sheriff. SHERIFF HIERHOLZER: Leave it at 15 and ^0, and not add the additional y'all talked about the other day. Is that what we did? I thought it was 13 and 16 last year. I don't have my budget printout with me for last year. JUDGE TINLEY: Well, this is after 31 August that this run was made. SHERIFF HIERHOLZER: Okay. It was 15 and 20. JUDGE TINLEY: Did we add some to -- COMMISSIONER NICHOLSON: Yeah, I've got it here somewhere. JUDGE TINLEY: -- jail or Sheriff overtime? ~-~s-us 177 1 2 3 4 5 6 7 8 9 10 11 1 13 14 15 16 17 18 19 2 V 21 G 23 '' 4 25 COMMISSIONER LETZ: I thought it was at 30; 20 and 30, I thought we added. MR. TOMLINSON: Well, at the last meeting before this one, you added ~0 and 10. SHERIFF HIERHOLZEP.: That's right. COMMISSIONER WILLIAMS: How much? COMMISSIONER LETZ: 20 and 10. COMMISSIONER WILLIAMS: 20 and 10. 20 to the Sheriff's and 10 to jail. MR. TOMLINSON: No, it was the other way around. COMMISSIONER LETZ: 20 jail, 10 Sheriff. JUDGE TINLEY: So, we're going back to 15 and 20. MR. TOMLINSON: It never has been added yet. So -- JUDGE TINLEY: Okay. COMMISSIONER WILLIAMS: That do it? COMMISSIONER LETZ: And with those other reductions, that basically pays for those two deputies. COMMISSIONER NICHOLSON: I worry about three on a shift too, Rusty, and that -- it's too big a county to do it right that way. But, again, we're going the wrong direction. We're an expensive, overstaffed county, and we're -- ~-1~-r~s 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G S SHERIFF HIERHOLZER: I understand your feelings, but we have still lost three actual positions, four on top of it, and all the cars that you're -- in just this one budget. COMMISSIONER WILLIAMS: Tell the Court why we can't use a warrant deputy? SHERIFF HIERHOLZER: The warrant -- my problem with warrant deputies is -- as I've tried to explain the other day, warrant deputies entail our outside work program officer, okay? He's part of that division. The civil deputy is overloaded, and we're all trying to serve civil, all right? Charlie Witt, who is supposed to be a warrant, is making a lot of T.D.C. transfers and helping civil. George McHorse is the other warrants. He is making a lot of the court duties and warrants, and Crimestoppers he's got as part of his bailiwick, and civil, because we just have too much. And then the last warrant is Carroll Schultz, who is averaging right now anywhere between 6,000 and 10,000 miles a month transporting inmates. Because what we do in this county, unlike all those other ones, is all our warrants that are entered in TCIC and NCIC, the state and national computer if we're capable, and then they get arrested and we go serve them, we have to go pick them up. That takes a warrant officer to do that transport. Those other counties, a lot of what you see, they don't enter y-1~-~'S 179 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 warrants in those national and state computers, just because they don't have the manpower to go pick them up or spend that time, so they don't do that. So, some of those may have 5,000 warrants outstanding. We have 2,000 as it is, and that's all deputies trying to serve them. They're all entered in our system, but we try and keep some specifically serving them, and other ones are on the road all the time trying to bring them back. COMMISSIONER LETZ: Rusty, the only thing that I'll ask is that, since you're able to keep four deputies on patrol if we add these two back in, and we're going to keep one spot in the -- one position, but not fund it, the military leave position, at some point when we -- when that is decided that person is not coming back, that position gets deleted. SHERIFF HIERHOLZER: I agree. I have no problem with that. COMMISSIONER NICHOLSON: Rusty, the one function you have that seems to me like it's not essential, that wouldn't -- if you eliminated, wouldn't be much noticed, is the D.A.R.E. position. SHERIFF HIERHOLZER: I think the D.A.R.E. position is a very important position, now more than ever, 'cause we did away with all the S.R.O.'s, and our one D.A.R.E, officer teaches all the school districts inside -iz-us 180 1 °° 2 3 4 5 6 7 8 9 10 11 12 ---- 13 14 15 15 17 18 19 20 21 ~~ L L 23 °° 2 4 25 Kerr County, whether it be the city of Kerrville, Ingram, Hunt, Divide, Center Point, and that's teaching young kids the drug resistance and that, which I think is very important, and I know the members of this audience have kids that have gone through that program. And I just -- you know, that program, except for the salary -- and that's a very expensive program, because all the workbooks, just like textbooks and that, every bit of that stuff is always paid for by total donation. The car she's driving is paid for by seized money. The only thing that entire position costs this county is that one employee's salary, and I think that's an investment that is very good overall to the entire county for our kids. I know my kids went through it when they were younger, and I just think it's an important position. And then, during the summertime, that position is used to help do female transports, so it's not like they're off -- we don't pay that position any overtime, although there's a lot of it during the school year, because they do do functions with those kids and evening functions and that. And what we do is that that's the only position in the Sheriff's Department that actually builds up comp time. They get the comp time, then, during the summer; they take it all off then. We use them for transports. COMMISSIONER NICHOLSON: Okay. SHERIFF HIERHOLZER: But the military ~_i~-n=, 181 1 L 3 4 5 6 7 8 9 10 11 l~ 13 14 15 16 17 18 19 40 ~1 22 [~ 3 24 25 position, I agree with you, Jonathan, that we'd eliminate a position if that would come back. COMMISSIONER NICHOLSON: Let's look at the District Clerk's pages there. I got Page 24 under Tab 9. District Clerk made a case that her employees are largely underclassified; that the 12's ought to move to 13's, and the 13's ought to move to 14's to be comparable to the same level of qualifications in other departments. Have we disposed of that issue? COMMISSIONER WILLIAMS: I don't think we did. JUDGE TINLEY: No. COMMISSIONER LETZ: I wasn't sure if it was just in her department or the overall situation. MS. UECKER: No. No, it was in the County Clerk's, Tax Assessor, and whatever office position had 12's and 13's. COMMISSIONER LETZ: How many do we have in that category, Barbara? MS. NEMEC: Which one, 13 or 12? COMMISSIONER LETZ: Twelve. MS. NEMEC: Whole bunch. (Low-voice discussion off the record.) MS. NEMEC: About 16. MS. PIEPER: I have seven 12's in my office alone. -1,-0, 182 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 L 23 24 25 MS. NEMEC: Okay. Ms. Rector has six 12's and two 13's. Jannett, you said you have seven? MS. PIEPER: I have seven 12's and I have -- and one 13. MS. NEMEC: And then Linda's office has three 13's. COMMISSIONER NICHOLSON: That's -- I don't think we can deal with that this year. That's too many reclassifications. COMMISSIONER WILLIAMS: We could deal with it by virtue of future hires, however, if, as, and when we have any. COMMISSIONER LETZ: That's not fair. JUDGE TINLEY: No, that would not be fair. If we do it with some future hires, we're obligated to those comparable employees that are already on staff; it would be necessary that we do that then. COMMISSIONER LETZ: I mean, one office that I would be more inclined to try to help this year would be the County Clerk; she gave up an employee. And I think we have shown a record of allowing that, so if there's a way to make some adjustments there or change -- obviously, you have to change responsibilities around. I don't know that we can address that with all your staff this year, but if you change responsibilities around, I think there is an adjust 9 iz us 183 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 -- you know, an appropriate adjustment of one or two people, possibly. And that's what we did with the District Clerk several years ago when she reduced staff. So, if you can come back to us with that, look at how you reorganize -- MS. UECKER: No, you gave that money to the Sheriff, remember? That's what's you told me you were going to do, but the Sheriff got the money. SHERIFF HIERHOLZER: I qot Bruce's. COMMISSIONER WILLIAMS: You look upon the Sheriff as just a big sponge? COMMISSIONER NICHOLSON: Yeah. MS. UECKER: Yeah. (Discussion off the record.) COMMISSIONER LETZ: But that can be done possibly after budget. SHERIFF HIERHOLZER: They consider me a leech. JUDGE TINLEY: Do you want us to take a vote in this room, Sheriff? SHERIFF HIERHOLZER: No. JUDGE TINLEY: I didn't think so. COMMISSIONER WILLIAMS: Just a little levity, Sheriff. MS. UECKER: Well, and I think that situation, Commissioner Nicholson, has -- affects a couple v-I~-us 189 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 of people in R.usty's staff as well. SHERIFF HIERHOLZER: Yeah, the 12 and that would. MS. UECKER: The 12's. COMMISSIONER LETZ: We just don't have the budget to do it. COMMISSIONER NICHOLSON: Can't deal with it this year. MS. UECKER: What about the merit increases? I had asked for a merit increase. When will we know what the numbers are in our budgets so we can go back and look at them and see what -- COMMISSIONER LETZ: Probably after today, Tommy will make a run sometime middle -- end of the week. I imagine Tommy would like us to quit making these changes before he makes the final run. MR. TOMLINSON: Already killed about siY or eight trees. MS. UECKER: So, does that mean we're not going to add my merit increases at all? Or -- COMMISSIONER LETZ: I think there's likely no increases, other than people who are changing responsibilities and things of that nature. Jannett may have some because of reduction in staff. COMMISSIONER NICHOLSON: Quick question on e i_ os 1 G 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 185 J.P, budgets. I have some notes here that -- something about software maintenance; that shouldn't be budgeted, because it's paid for out of the -- COMMISSIONER WILLIAMS: Which tab are you on? COMMISSIONER BALDWIN: 10. COMMISSIONER NICHOLSON: 10, Page 20. MR. TOMLINSON: That's dealt with. COMMISSIONER LETZ: You've taken care of that? COMMISSIONER NICHOLSON: That's been dealt with? Okay. County Treasurer's office. COMMISSIONER BALDWIN: Commissioner, would you help us? COMMISSIONER NICHOLSON: Sorry? COMMISSIONER BALDWIN: Do I have to research down here? COMMISSIONER NICHOLSON: I mean Tab 13. COMMISSIONER BALDWIN: Thank you. COMMISSIONER NICHOLSON: Item 37, there was some question about the group insurance, 20,907, being a very high number compared to 11,000 last year. COMMISSIONER WILLIAMS: Mm-hmm. MS. NEMEC: That was because I was asking for insurance coverage for my part-time person due to another person having insurance. However, I haven't discussed this y-i.~-ns 186 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 with my part-timer, but being that we're in the budget crunch that we are, and being able to save her position, I don't think we need to discuss that. We'll just drop it back to two. COMMISSIONER NICHOLSON: So you essentially don't have any changes in the personnel costs, except escalation? MS. NEMEC: Right. COMMISSIONER BALDWIN: By definition, a part-time person -- the reason that they're part-time is because they don't get benefits. MR. TOMLINSON: I'll -- COMMISSIONER BALDWIN: Wait just a second, Tommy. MR. TOMLINSON: Well -- COMMISSIONER BALDWIN: Wait just a second. Let me ask the question. MR. TOMLINSON: Okay. COMMISSIONER BALDWIN: Or let her answer the question. Isn't that -- isn't that right? I mean, that -- if you work under 19 hours, you don't get benefits. MS. NEMEC: My part-timer doesn't work under 19 hours. She gets retirement benefits. She is part-time full-time. COMMISSIONER BALDWIN: I see. Okay. So -- 5-1%-us 187 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~, 23 ~4 25 yeah. COMMISSIONER LETZ: Forgot about that category. COMMISSIONER BALDWIN: Forgot about that one. MS. NEMEC: Right. JUDGE TINLEY: On the insurance regs, is not the break at 30 hours a week? MS. NEMEC: 32. JUDGE TINLEY: 32 now? MR. TOMLINSON: Let me answer the confusion here. I am that person that she's talking about. COMMISSIONER BALDWIN: Oh. MR. TOMLINSON: But when I was hired in 1990, that was part of the consideration upon which I was hired, that I would go to work part-time for insurance, so that's -- that's part of my salary. COMMISSIONER NICHOLSON: Tommy, we made a good decision back there, and I'm glad you've been around. MR. TOMLINSON: So, I mean -- so, I mean, when the Judge -- when I was appointed in 1990, I was appointed as a part-time, and that's never changed. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: I'm on Page 21 -- Tab 21, Page E2. Environmental Health. We had a request there for additional staff and additional pay, and I think 9-iz-..s 188 1 L 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 z2 23 24 ~~ L J what we decided was to stay with the same staff, and the pay changes would be the cost-of-living increases only. JUDGE TINLEY: That's my understanding of where we are. COMMISSIONER LETZ: Correct. COMMISSIONER WILLIAMS: So, on our Inspector's Salaries, that goes away? COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: Yeah, no new staff. COMMISSIONER NICHOLSON: And then on the next page, Page 63, there was some question about the capital outlay. My note says, "Need to lease a four-wheel drive, but wait till next year." So, does that $3,600 go to zero? COMMISSIONER LETZ: Yes. COMMISSIONER NICHOLSON: Okay. Boy, you guys are answering my questions -- JUDGE TINLEY: Yeah, it's in here. COMMISSIONER NICHOLSON: -- expeditiously. That's all. JUDGE TINLEY: Your turn. COMMISSIONER LETZ: I've done most of them. Only two that I have -- I hate to bring up the library again, -- COMMISSIONER WILLIAMS: We got some information on it. y - l ? _ ~ ~ 189 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER LETZ: -- but we have a budget. Though I might note it came from the City of Kerrville legal department, which I don't know that they can make budgets, but I presume it's an accurate budget. It came from Ilse. As I look at this, they are asking us -- well, they don't break it out in a way that I can -- they don't really break it out. COMMISSIONER WILLIAMS: They don't. COMMISSIONER LETZ: They don't break it out according to the contract they sent to us. The front page is a summary page, but it includes capital expenditures. It includes, I think -- I don't know how they're breaking out certain salaries, whether -- that are oversight over things that we're not paying for. So, I really -- I see the number, but I'm not sure that it -- I don't see how it equates to the contract they sent. COMMISSIONER WILLIAMS: Well, I have some of your same concerns, and I had highlighted a few things before we gave Dave a copy, and he hadn't even seen it. But some of the ways they categorize some of this stuff is kind of -- it's not instructive; let me put it that way. It is difficult. But under Maintenance Repairs, we got Building and Structures. Building and Structures is 35 thousand, five. Under Miscellaneous Services, we have something listed as Special Services, which I don't understand. Under -1~-ns 190 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 -, ~~ Capital Outlay is -- we have books and records, which I don't understand. Somebody help me. COMMISSIONER LETZ: Anyway, I think that -- I'm really bringing it up as much for Rex, 'cause I guess Rex and Dave are the two that are trying to negotiate the contract. I mean, if I was to open it up, look at this budget, on the front page it says Expenditures, and it says Operating Expenditures, and then it says $901,000. But as I qo back through here, there's a whole lot more than operating expenditures in Operatinq Expenditures, such as capital expenditures. So, I mean, I'm still -- I'm at the same loss I was at this morning; just now I have numbers in front of me to make me more confused. COMMISSIONER NICHOLSON: What would be really helpful is, like, everybody else outside of our government that wants us to share funds with them, if they'd come in here and ask us for what they want and tell us why they need it. I'd like to see the Library Director come in here, just like other -- COMMISSIONER BALDWIN: I would too. COMMISSIONER LETZ: So, anyway, that's -- COMMISSIONER BALDWIN: Is there a reason we can't do that? JUDGE TINLEY: Commissioner Letz might enlighten you. ~-iz-os 191 1 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~1 22 23 24 25 COMMISSIONER BALDWIN: That rule is just for Letz. COMMISSIONER LETZ: You all can talk to City staff; I can't. COMMISSIONER BALDWIN: I'm going to. COMMISSIONER WILLIAMS: Well, in the good old days, we used to have joint meetings in which those department heads would be available to answer questions. COMMISSIONER LETZ: Anyway, so I just brought the library up because we did get -- I didn't want it to be misreported that we never had received a budget. We have received a budget; it's just that it doesn't coincide with the contract. COMMISSIONER NICHOLSON: I think Rer, and I can deal with the contract issues along the lines that you advised us this morning, but I would like to see somebody from the City explain the budget. COMMISSIONER LETZ: The other two items that I have, one is a general item. I thought long and hard about trying to bring this up again, and I decided I'll -- I don't hate the knowledge that -- to discuss all this for this year's budget, but 1 would like to look at, in all departments that are elected -- or run by an elected official, what things those offices are dciny that are not statutory. And I'm thinking of passports, I'm thinking of 9- 1 ~- U S 192 1 ._ 2 3 9 5 E 7 8 9 10 11 12 -- 13 19 Z J 16 17 18 19 ~0 21 22 23 ""` 2 4 25 personnel, I'm thinking of Law Library. I'm thinking -- I don't know if Jannett does any or not. Because I do think there is a -- manpower and dollars to be saved by consolidating some of these functions. And I think -- you them, because no one -- that just was the way it was done. And I don't know how much time is really being taken up by these jobs, but I'd like to get from those departments -- and there may be some others -- sometime, you know, before we forget about it, or before I forget, which will probably be the next couple of months, exactly what we're talking about personnel-wise. And the City, if there are savings that can be done by consolidating and moving some of these things -- and Rex is looking into, I know everyone is quite aware of, an Attorney General's opinion that says that Commissioners Court, once we approve a budget and personnel for a department, we can't change that during the year. But that probably -- Rex is looking into it, but it may not cover nonstatutory functions. So, those changes can be made possibly during the year, if needed. COMMISSIONER BALDwIN: That's an excellent idea. And I remember, a week or two ago, Commissioner -iz-us 193 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 ~3 24 25 think that's a fantastic idea. If we could start, like, in March or April, start dealing with these issues, and just let the -- and then just let it draw us right into the budget process. COMMISSIONER LETZ: Pushes it off three or four months longer than T wanted. COMMISSIONER BALDWIN: We can start it off any time you want to. I don't know what off-season is exactly. I mean, I know there's a draft in there somewhere. COMMISSIONER LETZ: And the other point I have is that -- it's on a note from the Judge related to Ms. Mitchell's, I guess, level. There was a -- at one point, when her -- two-step increase? JUDGE TINLEY: Yes. COMMISSIONER LETZ: It was a two-step increase that was contemplated when there was an adding of a supervisory position, which did not happen. However, we did at least -- at the moment, we have added more responsibility to that position, being booking and things of that nature. I don't know how that equates, but I think we need to decide what that -- what that does to that salary position. COMMISSIONER BALDWIN: Well, you're talking about added -- COMMISSIONER LETZ: Added work. COMMISSIONER BALDWIN: -- added duties, added G iz ~~ 194 1 2 3 4 5 E 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 ~3 24 25 work. Are you talking about the booking -- COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: -- issue? I'm still not convinced that we're going to do that. I mean, are we going to do that? Bring the booking to the Commissioners Court? COMMISSIONER WILLIAMS: Well, I think we ought to have a little talk about whether it is advisable to do that. COMMISSIONER BALDWIN: That's exactly what I'm saying. It's easy for you to say. I just think that we need to talk abcut it. Is that -- is that the right thing to do? Is there a better way? COMMISSIONER LETZ: Well, I think the -- 1 mean, from my view, if it's going to stay a county responsibility, it's what needs to be done. The other topic that has been floated is to pui it with Convention and Visitors Bureau, and I'm a little uneasy putting that over there at this time. I think that, you know, it's kind of -- that has not run smoothly for several years. COMMISSIONER WILLIAMS: What hasn't? COMMISSIONER LETZ: Booking and rental of that facility hasn't probably run smoothly since I've been a Commissioner. But I just think that it's -- by pushing it off on another agency when it's still our responsibility, 9-1-os 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 <0 21 22 23 29 25 I'm not sure that's the way to do it. COMMISSIONER WILLIAMS: Well, recognizing that there are a lot of details that have to be worked out, and I acknowledge that, I advanced that idea, because, first of a11, we talked about getting it out of our house. We've got a big house here. And, secondly, if we're going to do that, why not consider putting it in somebody's house who deals with booking facilities and knows what comes to town and wants to come to town, or into the county or into the city in terms of meetings and other things? So, it seemed to me that it was a pretty good fit. Now, I recognize there are a lot of details we'd have to work out; what would b2 expected -- what we would expect and what, in return, would, for example, C.V.B, expect? I would hasten to say right now that, first of all, the C.V.B. has not taken an action approving doing this, but I have had a discussion, as has Commissioner Baldwin, with Sudie Burditt of C.V.B., and there's interes*_ in that. But there are a lot of details that have to be worked out. COMMISSIONER BALDWIN: Basically, we would be -- the way I see it, we would contract with them, and they -- they take some of the money off, so they're paid to do -- do the booking. COMMISSIONER WILLIAMS: And there are a couple ways to address the finances, yeah. We could either a-_.-us 196 1 2 3 4 5 6 7 8 9 10 11 1~ 13 14 15 16 17 18 19 20 21 G t L3 24 25 -- either do it by a contract or a flat fee to do the booking, or they can take a piece off the top of the rental, right off the top, whatever rentals there are. There's a lot of ways to skin this cat. COMMISSIONER LETZ: Well, I just -- COMMISSIONER BALDWIN: You may be right. COMMISSIONER LETZ: I mean, this is just a -- COMMISSIONER. BALDWIN: I czrtainly have opposed that in years past. COMMISSIONER WILLIAMS: I think it falls, Commissioner, in the same category that you're talking about in terms of other synergies or -- or abilities to -- to limit our growth, and look at ways to save in terms of manpower and expenses. It probably requires us to decide we want to sit dcwn and talk about it and engage C.V.B. in a discussion to see whether or not they would like that idea, approve that idea, and what conditions they might want to att_ar_h to it that may or may not be acceptable to us. COMMISSIONER LETZ: I guess what I have -- my concern is at the moment, all of a sudden, we put that facility -- well, one, Convention and Visitors Bureau, is it independent? My boy-dummy question. COMMISSIONER WILLIAMS: Yes, it is. COMMISSIONER. LETZ: But the money comes from the city primarily. 9 iz ~,_ 197 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 COMMISSIONER WILLIAMS: St comes from bed tax, period. COMMISSIONER LETZ: From bed tax, okay. So, they're funded by the bed tax. COMMISSIONER WILLIAMS: Right. COMMISSIONER LETZ: And I'm not -- I think there's just too much to work out. i would rather bring it up here, say that's where it's going. If we decide to move it later during the year, we can move it later during the year, you know. I have a hard time understanding -- I don't -- you know, maybe I'm really wrong on this, but I just don't see that this should take that much time, that we should pay someone a whole lot in an outside contract to do it, or to give them a percentage of it. It doesn't make a whole lot of sense to me. I'm not real sure how that whole department, then, interacts with our Maintenance Department that has to do all the setup and cleanup and all that. All of a sudden, we're having our staff reporting to another agency. COMMISSIONER WILLIAMS: Well, you're making a strong case to leave it alone. COMMISSIONER LETZ: No, I don't think it belongs in Maintenance. COMMISSIONER BALDWIN: I had two concerns. One was the same as your first one that you didn't quite get v-iz-~,s 198 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 LS to, and that is, is the Contention and Visitors Bureau -- are they an arm of the City? And I don't want the City in that facility out there, involved in it in any way, unless they want to rent it. COMMISSIONER. LETZ: Or give us money. COMMISSIONER BALDWIN: Huh? COMMISSIONER LETZ: Or give us money. COMMISSIONER BALDWIN: Or give us money, which they had the opportunity a couple years ago and chose not to do. Or -- and, I mean, let's face it. If -- if we contracted with C.V.B., they're going to be back within less than a year telling us that we have to have a $5 million facility; it's just not good enough. And that's a natural thing, and it's the truth, but they're going to be in here saying that. So, you know, that's two negatives, far as I'm concerned. But the positive -- two positives is, the headache gets away from here, and number two, they are professionals and they can book the thing and -- and do it right, and do a bang-up job of it, and -- COMMISSIONER LETZ: Do they book anything else? COMMISSIONER BALDWIN: -- make more money. I have no idea. COMMISSIONER WILLIAMS: Pardon? COMMISSIONER LETZ: Are they responsible for 9-1.:-114 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?? 23 24 25 any other facilities? COMMISSIONER WILLIAMS: Not that I'm aware of. COMMISSIONER LETZ: Well, I mean, I don't -- I don't know that they do it right, then. I guess my point is, they don't have a track record any more than -- COMMISSIONER BALDWIN: Well, but they're ~n the business, though, is what I'm saying. COMMISSIONER WILLIAMS: Their track record is the number of heads they put in beds every year. COMMISSIONER BALDWIN: Yeah. COMMISSIONER WILLIAMS: That's their track record. COMMISSIONER NICHOLSON: I'd like to keep it -- COMMISSIONER WILLIAMS: The number of meetings that come to town. COMMISSIONER NICHOLSON: I'd like to keep it in-house for now COMMISSIONER BALDWIN: That's a deal. Anyone want to move it to Commissioners Court? Okay. Kathy, good luck. Now, do we have to get back to her salary thing? That's really where we are, isn't it? COMMISSIONER LETZ: We started out -- JUDGE TINLEY: That's what got us here. y-,_-ue. 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER WILLIAMS: First one of you guys that says, "Where's Ms. Mitchell?" and the answer is, "She's out at the Ag Barn," just remember this discussion. COMMISSIONER BALDWIN: Well, y'all had on the table there, I think -- I somehow slept through this part, but you had two steps or something. COMMISSIONER LETZ: I don't recall that conversation, but that's what the note said from the Judge. But I might have slept through this. rOMMISSIONER BALDWIN: Oh, this is a Judge deal. Well, let him handle it, then. What do you want to do, Judge? Make a motion. JUDGE TINLEY: The reason it's on there is prior -- prior to the run being made a week ago last Wednesday, I guess -- last Wednesday, when there were some adjustments being made for the run, it was anticipated at that time there were going to be a number of functions -- personnel functions out of the Treasurer's oYfice moved upstairs. Based upon that, and Commissioner Nicholson and I were unlucky enough to remain behind for a few moments for lunch, so we got tasked with giving the instructions to the Auditor. Because of the supervisory duties that were going to be placed on her, and there was discussion of that on that basis, we had instructed a two-step increase to be placed for her. And if there's going to be any additional 9 1?- 1: S 201 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 duties, you know, the Court's got to decide what it's going to do, but it sounds to me like there's going to be some additional duties. COMMISSIONER WILLIAMS: Absolutely, there is. COMMISSIONER LETZ: I would say -- what's a two step -- that would go from a what to a what? What's -- where are you now? MS. NEMEC: Well, in the old schedule, so yoL got to add 3.2 to that -- COMMISSIONER LETZ: Right. MS. NEMEC: -- right now she's a 19-6, which is 30,310. A two-step is 31,845, plus add 3.2 percent to that. COMMISSIONER LETZ: My question was, if we -- and this just makes -- I don't understand what was done by the Judge, you know, on that two-step. If we added -- and we're not doing this, so y'all settle down out there. If we added supervisory responsibilities, wouldn't you change it, like, to a 20 or something? MS. NEMEC: 19 is supervisory responsibilities. MS. uECKER: It is supervisory. COMMISSIONER LETZ: You just go up on -- MS. NEMEC: That is a chief deputy; you have people under you. ~~-IZ-as 1 2 3 9 5 h 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 L5 202 MS. PIEPER: My chief deputy supervises l~ people. COMMISSIONER LETZ: Okay. Well, that's what was done, then. JUDGE TINLEY: Okay. Well, I was just telling you what the rationale was. And there was -- there was discussion about if those -- if those functions were moved and placed under -- under her oversight, and with an additional employee, there was discussion about additional compensation being given to her, so that was the reason that was done. COMMISSIONER LETZ: Okay. COMMISSIONER BALDWIN: Okay. Is she going to have someone to supervise? COMMISSIONER LETZ: No. JUDGE TINLEY: No, not now. It was after that the decision was made that that -- that would not occur; at least those functions would not occur. COMMISSIONER BALDWIN: Okay. JUDGE TINLEY: Personnel functions. COMMISSIONER BALDWIN: What do we do, then? What's your -- what's your recommendation we do with the -- JUDGE TINLEY: Well, if she's going to have some additional duties, but not -- but not all of those, we may need to maybe consider a one-step. Or if there's going 9-12-05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 203 to be none, we need to put her back where she -- where she is now, I would say. COMMISSIONER WILLIAMS: I'm going to ask a question of Mr. Holekamp. Are you back there, Mr. Holekamp? MR. HOLEKAMP: Yes, sir, I am. COMMISSIONER WILLIAMS: Reasonably, what amount of time every week does the individual in your department spend with respect to booking our facility? (Discussion off the record.) MR. HOLEKAMP: My best estimation, what I've logged in several weeks of monitoring it, approximately 24 to 25 hours. COMMISSIONER WILLIAMS: 24 to 25 hours spent. MR. HOLEKAMP: Dedicated to booking, answering responses, writing contracts, because you also have the Union Church. COMMISSIONER WILLIAMS: Right. MR. HOLEKAMP: And you make contacts at least twice for every event, whether it be beforehand to show it, and then the -- to decide whether they should pay and return keys and that sort of thing afterwards. We get feedback from everybody as to, you know, if the event -- event went well or they had problems and that sort of thing. So, it'll range between 20 and 24 hours, I would say, probably realistically. And that's -- a lot of that time is that 9 12 OS 1 2 3 4 J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 204 time you spend in a vehicle going out there and doing all these things. That's where the time comes in. If they were out there, they probably would -- probably save five hours or so out of the whole thing. COMMISSIONER WILLIAMS: Okay. Well, I can tell you right now, I'm not in favor -- I'd like to see Ms. Mitchell get an additional salary, but I'm not in favor of adding 20 to 25 hours of work to her already extended workload. COMMISSIONER LETZ: I think something's not being done right if this takes that much time. MR. HOLEKAMP: Well, I don't know. Okay. All right, go ahead. COMMISSIONER LETZ: I guess -- I mean, it doesn't -- the contracts -- you know, granted, maybe part of the problems are, you know, that we don't have a good contract and a good price -- a good schedule that we're working on. But does the current person show it all the time? They don't use any of the staff that's out there working? MR. HOLEKAMP: If they're available, we will, yes. COMMISSIONER LETZ: And there's not somebody out there a majority of the time at that facility? MR. HOLEKAMP: Well, yeah, but they may be on y-i~-os 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~0 21 22 23 24 25 2os a tractor or -- or -- well, like today, they're changing out a bunch of sprinkler heads. So, I mean, it's -- COMMISSIONER LETZ: I think it's -- it gets into scheduling. I mean, people want to look at a facility -- MR. HOLEKAMP: Mm-hmm. COMMISSIONER LETZ: -- but can't they say, okay, we're going to show it from this time -- you know, they just have to make it. I can't show up at whatever the place is in -- the Taylor County facility just unannounced and expect to see it, unless I've got a Commissioner with me. MR. HOLEKAMP: No, they normally call and set it up. But a lot of the people that use our facility are working people, and they like to do it during lunch or 5 o'clock or whatever, because it's -- like, for a private party or whatever. We're -- I feel like we're in the people business, or we try real hard to accommodate. Union Church especially; those are people who are either getting married or that sort of thing, and they want to look at the facility and decide whether that's going to be suitable for them. So, there's some time that's -- you know, and like I had said, we could probably shave some time off of that, but I really think, since we're in the public business, I don't think we can say, well, I'm going to only show it, you know, y-iz-os zo6 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 tomorrow afternoon between 3:00 and 5:00 or whatever. I -- I think that we've really tried real hard to accommodate people, and maybe we've spoiled them too. I don't -- you know. COMMISSIONER LETZ: Yes -- yeah. Maybe that's the best way. I just think that we'd be more structured in that, because if we're spending that much time for the revenue we're getting, that's not -- we're doing a poor job of managing. MR. HOLEKAMP: Well, yeah. But, there again, is -- is there's -- quite a bit of the time is spent with 4-H lining up stuff with them, their events and that sort of thing, too. So, how do you -- you know, maybe that's poor planning on our part, but I feel like that that's our responsibility, to work with these people. Now, if you -- if you choose not to, you know, go to that much trouble for the -- for the people that want to use the facility, that's fine. We'll do whatever we're directed. But -- and I want to change horses here. Y'all -- y'all are aware that last Tuesday y'all approved a 48-bed facility for the juvenile detention. With that, when I got my budget, there was a position -- a maintenance person over there. I'm going to take that one out, and I'm going to try to do within our -- our means. That's going to save 20,000, 25,000, something like that. We're going to give it a try. I think we can do 207 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 >> 23 24 25 it. But all elected officials and all department heads are going to have to understand, there is going to be somewhat of a lag time between accomplishing after notification of things that they wish. Because right now, we -- we pride ourselves on our response time, but it probably will not be quite like it was because I'm going to be so scattered out. 'Cause that facility is going to require 24 hours, 7 days a week, maintenance person available to them. So, I -- I hope y'all understand that we -- we cut one position out of Maintenance in the budget. And -- COMMISSIONER LETZ: Cutting a second one? MR. HOLEKAMP: No, this is the one that I'm cutting. COMMISSIONER NICHOLSON: That feels right to me. And I agree with you, your folks do a really good job of janitorial work and maintenance, and we can tolerate just a little bit less than that. MR. HOLEKAMP: I appreciate that. COMMISSIONER NICHOLSON: They do fine work, and if they can keep -- keep at it 90 percent or 80 percent, that's good enough. MS. PIE PER: But I don't -- but to go along with -- you know, with the -- you know, to go back to the barn somewhat, one of the problems we're going to run into there is -- is people out there are going to have less time v lz ns 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 zz 23 29 25 208 being there. If we -- as far as setups and that sort of thing, that's going to take longer if you only have one man out there, so the turnaround may be affected somewhat. Currently, I have two people that are pretty much there. COMMISSIONER BALDWIN: Thank you. What I -- I never have understood is, you have an employee that is maxed out with their work, and you start talking about bringing on a new load, and so you offer that person... If they're maxed out, what difference does an amount of money have to do with it? See, I don't -- I never have been able to get my brain around that. So, bringing -- bringing that function up to the Commissioners Court and then paying our administrative assistant more money to handle that, I don't -- I just don't see how it works. COMMISSIONER WILLIAMS: I don't either. COMMISSIONER BALDWIN: When she's already -- COMMISSIONER NICHOLSON: Maybe this ought to be part of our off-season work. COMMISSIONER BALDWIN: I think it is. I think it is. JUDGE TINLEY: Everybody ready to go to off-season? COMMISSIONER NICHOLSON: I'm sure Commissioner Letz is. COMMISSIONER BALDWIN: What time do we kick 9- 1 2- O S 1 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 209 off? COMMISSIONER LETZ: I think we'll be discussing the same thing next year, but that's fine. COMMISSIONER BALDWIN: We might. Well, we have to find a solution. COMMISSIONER LETZ: I think this changes the Maintenance situation, then, too, because the -- in our plan, that was freeing up that person to do -- that position; not the person, but that position, to be a maintenance person, and that person is now going to be doing something else. COMMISSIONER BALDWIN: I think your next agenda item is when we'll have a long visit about that. COMMISSIONER LETZ: I think it's still -- MS. DECKER: Make I make one comment when you're done? JUDGE TINLEY: When we're done? MS. DECKER: Yeah. JUDGE TINLEY: Okay. Have we got any more on the -- on any more of the budget items that we need to -- COMMISSIONER BALDWIN: I have one thing that I -- I want to go bark to the Juvenile Detention Facility and this issue of, does the Kerr County taxpayers pay for transporting kids from one county into ours and then back home again? Where -- where did we land on that? 5 . _ ~ 5 210 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 L 1 22 23 24 25 COMMISSIONER WILLIAMS: I think she told us that only under very extenuating circumstances does she do that. COMMISSIONER BALDWIN: Well, I have heard her say -- at least I heard her say -- that, no, we don't do that at all, and then I turn around last week and heard her say that only when they need help will we do it. I just wanted to know, are we going to pay for transporting their kids or not? Just a yes or no deal. COMMISSIONER WILLIAMS: I agree with your point, and I think we ought to establish a policy where, extenuating circumstances or otherwise, the sending county pays freight. The sending county pays the freight. COMMISSIONER BALDWIN: I agree 100 percent. COMMISSIONER WILLIAMS: And I think it's something we need to take up with Ms. Harris. COMMISSIONER BALDWIN: Okay. COMMISSIONER LETZ: And that's a contract and an operation issue that comes under the -- doesn't really affect this year's budget, but it does need to be discussed. COMMISSIONER BALDWIN: It's just -- I just don't think that we've really got to the bottom of that. JUDGE TINLEY: Are we through with the budget items? COMMISSIONER WILLIAMS: I have a couple ~-zz-os 211 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ '3 29 25 housekeeping, just so my notes reflect whether or not we dispatched -- got rid of them or not. We talked about -- as we have in the past, we've always accepted the State's mileage figures -- state and/or fed. And Ms. Mitchell confirmed today that the State Comptroller's office now is at .405; is that correct? MS. MITCHELL: 40.5. COMMISSIONER WILLIAMS: And that would be our mileage reimbursement fee for mileage outside the county, correct? Secondly, we talked about mileage allowances inside the county going from one to one-fifty. Did we ever dispatch with that? COMMISSIONER LETZ: Mileage allowances. COMMISSIONER WILLIAMS: We did dispatch -- MS. MITCHELL: Y'all said you were going to go with whatever the state -- the Judge said whatever the state mileage was going to be, that's what you were going to go with. COMMISSIONER WILLIAMS: I'm talking about in-county allowance. COMMISSIONER NICHOLSON: I don't think we did, Commissioner. And I think, really, the only significant issue is the J.P.'s. Should we -- should we raise the part of their salary that's related to the -- what used to be $1,200 a year? Which -- ~i-iz-u. 1 2 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 212 COMMISSIONER WILLIAMS: Which is part of their salary. COMMISSIONER NICHOLSON: Raise? COMMISSIONER WILLIAMS: Raise. Well, that applies to more than just J.P.'s. Some of us use our vehicles extensively. That's the reason I raised the question, did we dispatch with it. COMMISSIONER NICHOLSON: Do you know how far it is from here to Garven Store? COMMISSIONER BALDWIN: It's more than a one-day deal. COMMISSIONER WILLIAMS: Not more than one tank of gas, right, Commissioner? COMMISSIONER BALDWIN: But I think we ought to leave that at the 1,200 that we'd rolled into the salaries. COMMISSIONER NICHOLSON: Okay. JUDGE TINLEY: On the -- on the reimbursement, are we just going to tie that to the state, period, with the exception of lodging, which will be actual out-of-pocket per receipt? Whatever the state does, we just float with it? COMMISSIONER LETZ: Yes. COMMISSIONER BALDWIN: That's what I want to do. 9 1' O S 213 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 WILLIAMS: We float with the lodging, and we had a per diem allowance. COMMISSIONER LETZ: We have a per diem and use the state mileage. JUDGE TINLEY: Per diem mileage, and the state has an $80 -- $85, I think, limit on lodging. But heretofore, we have provided whatever the actual is, based upon the receipt that you turn in, that's the reimbursement rate. COMMISSIONER WILLIAMS: The State's in a better position to drive that wagon than we are in hotels across the state where our meetings are conducted. JUDGE TINLEY: So, it's lodging, actual receipt; meals, per diem as per state; mileage reimbursement as per state. Okay. COMMISSIONER NICHOLSON: Got one more that needs some clarification. On the -- on the library contract budget, we're going to invite the City of Kerrville to come try to give us some answers to our questions? COMMISSIONER BALDWIN: I think that's a great idea. COMMISSIONER NICHOLSON: When would that be that we ask them to do that? COMMISSIONER LETZ: Monday. JUDGE TINLEY: 19th. 9 l J U S 214 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 ~~ 23 24 25 COMMISSIONER NICHOLSON: And that's one issue. And then, on cleaning up the two contracts, library and animal, me and the County Attorney are going to ask the City to sit down with us and -- and resolve the unresolved issues that we took note of. MR. EMERSON: I may be able to shed some light on that. I talked to Ilse Bailey about the Animal Control contract, and what we agreed to was she said just go ahead and change all the exclusions back to the old article numbers, because technically, their new ordinance doesn't kick in until tomorrow, if they're going to approve it at tomorrow's meeting. So, we can go back and change the exclusions back exactly the way they were. Then it's up to the City to roll them over to their new numbers. And as far as the no dead animal pickup, they were in full agreement on that. So -- COMMISSIONER NICHOLSON: I'm going to want to see what they approve tomorrow, because there may be a need for more exclusions than the ones we earlier enumerated. For example, I saw in that order -- not order. What do you call it? COMMISSIONER BALDWIN: Ordinance. COMMISSIONER NICHOLSON: Ordinance, that it was a violation to be walking your dog on a leash and not have the materials in your possession needed to clean up ~-i~-o=, 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 215 after them, and we're not going to enforce that. So -- COMMISSIONER LETZ: Well, but I think what I heard Rex say, if we approve the concept in form, or not -- in content today, then we're under the old rules. Is that what you just said? If we approve it today, that we're under -- MR. EMERSON: Basically, we'll have all the exclusions that were in the previous ordinances. And then, that way, we'll have a contract in place and, theoretically, they can approve it and budget it tomorrow. COMMISSIONER LETZ: That would be another contract, and then just have to authorize, you know -- COMMISSIONER NICHOLSON: Okay. COMMISSIONER LETZ: -- the County Attorney and Commissioner 4 to make sure the verbiage is correct. COMMISSIONER NICHOLSON: Again, they can choose to come in and talk about the budget or not. Actually, it's kind of a moot point, since were not going to pay what they're asking in any event, but I would like answers. COMMISSIONER LETZ: We don't know what they're asking, though. COMMISSIONER NICHOLSON: I would like answers, and Rex and I are going to clean up the language. Okay. 9 iz ~~s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 216 JUDGE TINLEY: Okay. COMMISSIONER LETZ: Hold it. Re::, do we need to go back to -- should we go back and approve the Animal Control contract, then, today? Or is it okay just to leave it the way it is and -- MR. EMERSON: I think it would facilitate things if you could approve it, but if Commissioner Nicholson's not comfortable with the language, then -- COMMISSIONER LETZ: Well, I mean, I think we can approve it based on you all agreeing -- subject to the County Attorney and Commissioner 9 agreeing to the language. COMMISSIONER NICHOLSON: Let's do that. COMMISSIONER WILLIAMS: Can we do that for both of them? COMMISSIONER NICHOLSON: Just Animal Control. The language on the agenda item allows approval, so I'll move that we approve -- COMMISSIONER LETZ: Got to go back to that agenda item. COMMISSIONER WILLIAMS: I'll second that. JUDGE TINLEY: Whoa, whoa, whoa, whoa. Let me first -- first do the cleanup on this -- this agenda item. Are we through with budget items here? MS. UECKER: I just have a comment. JUDGE TINLEY: I tell you what. Let's take a i_ us 217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~? 23 24 25 15-minute recess, and we'll come back then, 'cause I need to give her a rest. Let's take a 15-minute recess. (Recess taken from 3:13 p.m. to 3:30 p.m.) JUDGE TINLEY: Okay. Let's come back to order. We were in recess for about 15 minutes. COMMISSIONER LETZ: Judge, before we leave the budget, -- JUDGE TINLEY: Okay. COMMISSIONER LETZ: -- two things. I would like to bring up a conversation with department heads and elected officials during the break. One, the Road and Bridge budget, if Len, when he is back in town, can -- they really want this dump truck that we cut out of the budget. I said if they can find other areas they would rather cut 52,000 out of their budget, they can make that swap, and -- as long as it doesn't affect any roads in my precinct. COMMISSIONER NICHOLSON: That'll work. COMMISSIONER BALDWIN: Should enhance your roads. COMMISSIONER LETZ: So, no, I don't want any roads in my precinct being cut to get that dump truck. COMMISSIONER WILLIAMS: That might help your two roads. COMMISSIONER NICHOLSON: Judge, I've got one ~ iz os 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 218 update, just to make sure everybody's on the same page. Me and the County Attorney, working at the speed of lightning, faster than a speeding bullet, have arranged with -- informed the City that if they want to explain the library budget, they can do that next Monday morning between 9:00 and 10:00, and we've asked the City to arrange to meet with us to work out the details on the two contracts. That's where we stand. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: Okay. COMMISSIONER WILLIAMS: One final note. COMMISSIONER LETZ: Wait, wait, before you get back over to that one. So, Tommy, is that -- you'll listen to Leonard's -- if he can come up with a way to -- and if he can -- and it can be done as a budget amendment; doesn't have to be done -- the dollars aren't going to change. MR. TOMLINSON: I'd just as soon leave it like it is. COMMISSIONER LETZ: Handle it as a budget amendment or whenever. The other item is that we mentioned with the County Clerk, cutting that one position, that it will require some adjustments, or should require some adjustments in her staff. And I just recommend that we let her add one step to whichever employee she feels is going to a i_ us zl9 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be impacted by that reduction in staff, and that she can just get with the Treasurer and get that worked out there. One step to one employee. COMMISSIONER BALDWIN: That's a fair trade. COMMISSIONER LETZ: Okay. MS. UECKER: Can I make a comment? Just -- JUDGE TINLEY: Yes. COMMISSIONER LETZ: You've been trying for a long time, Linda. MS. UECKER: I could -- no, I'm not going to touch your sensitive spot today, okay? (Laughter.) Look at -- I'm not going to get that stuff on my hands. COMMISSIONER WILLIAMS: What stuff? COMMISSIONER LETZ: I don't think you want to go there, Bill. MS. UECKER: Look at my budget. COMMISSIONER WILLIAMS: What tab are you? MS. UECKER: I have no idea. I don't even have it with me. COMMISSIONER NICHOLSON: District Clerk, 9. COMMISSIONER LETZ: Nine. MS. UECKER: I just want to call to your attention -- look at deputy clerks. COMMISSIONER BALDWIN: Seven. MS. UECKER: Look at last year's actual. i~-os 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~ L L 23 24 25 COMMISSIONER LETZ: Last year's? Or this year's? MS. DECKER: Or this year's actual. COMMISSIONER LETZ: Estimated actual? COMMISSIONER NICHOLSON: 153,448. MS. UECKER: And what's requested? COMMISSIONER LETZ: 187,001. MS. UECKER: Well, that was -- that includes some -- a merit, and that includes the COLA and everything. But look at -- see, this year's is down from last year's. Do you see that? COMMISSIONER LETZ: The original budget was 196 for this year? MS. UECKER: Right. COMMISSIONER LETZ: Is that the number you want me to say? MS. UECKER: That's the number I want you to say. I just want to call your attention to that fact, and it hasn't been mentioned, but my Deputy Clerks line item is down a position. Also -- COMMISSIONER LETZ: Why didn't you tell us that before? MS. UECKER: You had the dang budget. COMMISSIONER NICHOLSON: I gave you a gold star; it's right here. - i 2 0 5 221 1 2 3 4 5 6 7 8 9 10 11 12 ]3 14 15 16 17 18 19 20 21 22 23 24 25 MS. [DECKER: I know. But what I'm trying to get at is, certain people get more gold stars for doing the same thing. DODGE TINLEY: I gave you a gold star, too. MS. UECKER: You did? Well, in going back to the statutory duty, Jonathan, I have no problem with that, but if you're going to look at the statutory duties of the elected officials, let's make it all department heads. Let's make it the whole county. No, I don't have to do passports. But, as Glenn said, we're in the people business, and we have flowed that right into our office very smoothly without an increase in duties, but I don't have a problem giving it up. But, like I said, we're in the people business -- that's what Glenn said. We're here to provide a service to the citizens. I don't know who's going to do it. I don't care. The Law Library, I'd give you that in a minute. I'll give you that in a flash, 'cause that is a pain in my rear. But just to remind you, that money can't be spent for anything else. COMMISSIONER LETZ: Sure. It's just -- the only thing I'm. looking at -- there may not be a way to save anything. It's just, overall, it seems that some of these functions, if there's a way to consolidate some of them, it's good to do it. If there's not, there's not. MS. UECKER: Well, if you're going to try to ~-iz-us 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ;2 ^^<3 24 25 eliminate statutory duties, though, I mean, you might think about booking. You might think about airport. You might think about all kinds of things. COMMISSIONER LETZ: That's not eliminating; we just may consolidate where they're being done. Because, obviously, things that are -- you're required to do by statute, you have to do that, or someone in that position. But some things are flexible as to where they're done. MS. DECKER: Now, there is -- the Government Code, I think it's 51.086, does provide for the District Clerk to do passports. It's not statutory; that's right, but it does provide that the District Clerk can assess a fee. And even on the passport applications, it specifies that that fee goes to the District Clerk. Now, I know Thea collected it. How legal that was, I'm not sure. Don't care, as long as we got the money. But -- so -- COMMISSIONER LETZ: You get the money even if someone else collects it? Boy, that's a good deal. MS. UECKER: I don't know. That's fine with me. But I just wanted to call your attention that my deputies line item is, in fact, down. COMMISSIONER NICHOLSON: Thank you. COMMISSIONER LETZ: And the only comment I'll make, 'cause ha]f positions or part-time positions are not ideal, in my mind. I think, you know, they work out U-iz-os 223 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sometimes, just because they work out best, you know, to make adjustments. And it just looks to me, between -- if there's a way that we can -- we can get rid of several halftime positions and create a full time, it can -- I don't care what department some of these things go into. It's just a matter of what's the best way to do it. MS. UECKER: Let me add to that, that this year I don't have a part-time any more. I've given that one up, too. So -- and because of -- of some of the plans that we implemented last year, I was able to do that, with the Court's help. And I've already met with Jonathan and The Software Group, and -- not Jonathan. You're Jonathan. John Trolinger. And, you know, we're excited about doing some wonderful things for very little money. I mean, I'm really excited about getting it done. So it looks like, you know, we're going to go forward. So -- COMMISSIONER LETZ: That's the intent. MS. DECKER: Bye. JUDGE TINLEY: Thank you. COMMISSIONER WILLIAMS: My turn? COMMISSIONER LETZ: No. Either yours or -- JUDGE TINLEY: Miguel? MR. ARREOLA: Yes, sir. Yes, just a quick question. I want something clear to me. On my inspector's salaries, what's the last number -- what's the number we u i~~-ns 229 1 2 3 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 have there? COMMISSIONER LETZ: No change. MR. ARREOLA: It's no change from the year -- current? Okay. COMMISSIONER NICHOLSON: 3.2 percent, same people. MR. ARREOLA: Same people? Okay, great. Thank you. JUDGE TINLEY: Okay. We're through with budget? COMMISSIONER WILLIAMS: No. No, not yet, I want to take another run at this booking thing. And there's a position involved in booking right now. I want you guys to think about a half a position added in Commissioners Court, and that half a position could take care of the grunt work with respect to booking, be of assistance to the administrative assistant in terms of telephone, filing, and so forth and so on. Add half a position, and see where that takes us. The actual showing of the facilities can be split -- if it's the Ag Barn, there's usually somebody out there. Is that right, Glenn? MR. HOLEKAMP: Yes, sir. COMMISSIONER WILLIAMS: If it's the Union Church, that might require this individual to make a trip to Union Church or something like that. So, half a spot, 225 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 assist Ms. Mitchell in doing that. Ms. Mitchell would handle the contracts and so forth, and the records, and this person would do the actual showing, telephones, clerking. COMMISSIONER LETZ: That may work. I mean, I think it solves the problem of -- I mean, it looks like we have half a person or a part-time position, which I don't like, doing this somewhere. Where it's done right now, it's ether Maintenance or up here. It's still not my ideal way to handle all this organization, but -- COMMISSIONER NICHOLSON: I can support that. And we -- in our off-season work, we might even find a way to do it a little differently and add on or whatever. COMMISSIONER WILLIAMS: Exactly. But that would be a -- that would be a net gain of a half spot, and 1 think Ms. Mitchell will be entitled to some bump up for supervisory responsibilities as well. COMMISSIONER LETZ: I'd have to look at job descriptions, exactly how all that works. I mean, I don't -- I'm not sure that requires an increase. But, anyway, we can discuss that or look at the job descriptions, and that can be done. COMMISSIONER WILLIAMS: Where are you, Commissioner? COMMISSIONER BALDWIN: I'm at the point where we're trying to fix one thing and we're creating a problem -iz-os 2^6 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 LL 23 24 25 in another area. We're talking about adding a half a person to our staff, and then adding mere salary to the administrative assistant to run that thing. I mean, I -- what are we fixing here? What is it that we're actually fixing? Where's the problem that we're fixing with that? COMMISSIONER LETZ: Well, we're freeing up a full-time person in Maintenance. COMMISSIONER BALDWIN: I understand. I mean, just -- what we're fixing is moving the booking. We feel like that that is in such horrible condition that we need to move it up here? And we're going to create a half a spot, and then -- I mean, I don't see what we're doing here. COMMISSIONER NICHOLSON: Commissioner, I see that we have a little more -- somewhat more than a full-time job now. It's just too dif{icult chasing all the -- the different things that she has to do. She's very often the courthouse receptionist, directing people, answering calls, all these sorts of things. We also have a problem with booking, so we can solve those two problems with -- with the addition of a halftime person. COMMISSIONER WILLIAMS: That's a suggestion. COMMISSIONER LETZ: Why don't we go on into the discussion on Maintenance, which it just flows right into. JUDGE TINLEY: Let me first inquire if we G-1L--S z27 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 need to address the Animal Control contract, or whether that's -- we want no formal action right now? We're going to let you guys do your work? Or do we -- are we looking for approval of the contract subject to some final adjustments to be worked out by Commissioner Nicholson and the County Attorney? COMMISSIONER LETZ: I'm willing to go -- I'm at the point we can go ahead and give -- I'll make a motion to approve. JUDGE TINLEY: Wait a minute. Let me get back to it, okay? Let me recall Item Number 17 on the agenda; consider, discuss, and take appropriate action on the Animal Control services contract with the City of Kerrville. Okay. COMMISSIONER LETZ: I'll make a motion to approve the content of the Animal Control contract with the City of Kerrville per our discussion this morning, subject to Commissioner, Precinct 4, and the County Attorney resolving some language issues, and authorize County Judge to sign same. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to conditionally approve the agreement subject to adjustment. Any further questions or comments? All in favor of the motion, signify by raising your right hand. 5-i'-05 228 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 <<1 22 23 29 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. COMMISSIONER LETZ: Got one done. JUDGE TINLEY: Let's now go to Item Number 24; consider, discuss, and take appropriate action on the organization of the Maintenance Department, with possibility of executive session, depending upon the content. Commissioner 3. COMMISSIONER LETZ: I put this on the agenda largely because of the potential change of who's doing the booking for the Ag Barn. And it -- it seems to me that part of the goal that I had in recommending some of the changes that we still are discussing are to improve, really, the efficiency in that department, and basically get something that doesn't, to me, take maintenance out of Maintenance, and allow the person that has to do that work now to be doing, you know, full-time maintenance work. And my -- and that's kind of where 7 was. I'd like to hear from the Maintenance Supervisor if that makes sense, if he agrees or disagrees. And I guess I'll say one more thing. I don't see -- with the size of staff and what the staff does, as I understand it, I don't see the reason to have an oYfice person besides yourself in the Maintenance Department. I -iz-,,,s 1 2 3 4 5 6 7 8 9 10 11 12 "' 13 14 15 16 17 18 19 20 21 22 23 24 25 229 think we ought to be able to have everyone out in maintenance responsibilities. I think we're -- you know, this is -- well, that's my feeling. Am I off base, in your Mx. nVLKKAMY: Well, no. No, I -- well, I understand what you're saying. The only thing is, is when you -- when we started acquiring all of these different facilities to, so to speak, manage, we're constantly dispatching people to different places. I don't -- I don't think you can do it with voicemail. Somebody has got to answer the phone and make a decision on repairs. And I'm going to use the Sheriff's Office for an example. We're required, when water is flying, somebody go. We don't know who's going to be available to qo, so I really think that -- I think we would really lose a whole lot of productivity if we didn't have somebody coordinating the efforts of maintenance, whether it's delivering bores of paper, which we do; we deliver license plates to Ingram. I mean, we do it on a day that we do custodial work over there, but there's constantly requests for repairs. Someone is goinq to have to take those requests. And I differ with you -- you know, and I'll be willing to -- to work with the Court as far as sharing the -- an employee or something to accomplish what Kathy's dilemma is in answering phones. Booking could be under her; I mean, that's not a problem. 5-iz-us 1 3 9 5 6 7 8 9 10 11 12 °°- 13 19 15 16 17 18 19 20 21 22 23 "~ 24 25 230 But I think Maintenance is going to have -- to have a need of, say, 14, 15 hours a week to answer the phones so I can go check on facilities like the jail, juvenile detention. You know, that is another one. We got major issues there to get cleaned up and straightened up, and as long as the Ag Barn is under Maintenance, that requires people to call plumbers, electricians and that sort of things. Who's going to do that? I mean, that is my question. Someone is going to have to do that. The -- the on-site guys -- and I work with a P.O. system, a purchase order system. The reason I do it is -- is because you -- I have a real problem giving people blank checks with county funds. Employees are that; they're employees, and I prefer not to say, "If you need an electrician, call him and tell him he can work as long as he wants." I mean, somebody has got to make a decision, and that's what I'm there for. Now, the -- you know, if the Court chooses to change that where there's no -- nobody that makes those decisions, so be it, you know. That -- that's y'all's call. COMMISSIONER LETZ: I look at it, I guess, is that -- I mean, most people know that trying to catch me on my phone here is about impossible, but on my mobile phone, I conduct county business and other business all day long on that, and all night when I'm, you know, still in the city area. I think -- I don't see why a system can't be set up -iz-us 231 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 where P.O.'s are used. I don't think you need to change the system; that seems to be working. But things can be done in the office part of the day, and then use your -- use the cell phone almost exclusively as a contact to the community and to your department and to elected officials. I just think that you, obviously, have headed that department as head. You need to be, however, at those departments at least part of the day. MR. HOLEKAMP: That is correct. COMMISSIONER LETZ: And I think that -- and I still think you should be the person to have responsibility as to calling electricians, or say, "Don't call an electrician; send so-and-so over there." MR. HOLEKAMP: Okay. COMMISSIONER LETZ: But I think it can be done, you know, through cell phone type work, as opposed to having a person at a desk. And I think as short-staffed as we are in Maintenance, or as we made you -- have made you become in Maintenance, that the more people we can have doing maintenance, the better. MR. HOLEKAMP: I agree with that. No, I'm not going to argue. But, there again, as I was going to stand here and make the -- the offer, if -- if the Court needs some assistance with clerical work, we'd be more than willing to -- to help out at, you know, 50 percent of the 9-i,-us 232 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 time, 60, whatever the Court chooses. But I will say, and I've said it before, is I think that personal touch is going to be very difficult to replace if you're -- if you're showing people the facility and that sort of thing. I think part of the booking, whoever is in charge of that -- I'd kind of like to give it away, but I think that we -- we really need to stay in touch with those public. We've increased the usage of that facility, and we've done it because we're treating pretty much everybody pretty nice. Maybe we're doing too much; I don't know. COMMISSIONER LETZ: Well, it could be that we may be -- and I think this will be a wise thing, is to have -- clearly, you need a contact person in your department in addition to yourself as to -- so it's not just anyone's call when something's -- MS. HOLEKAMP: That is correct. COMMISSIONER LETZ: A chain. And I think that that person would be the contact that -- or, you know, a day in advance to show the Union Church or Ag Barn or whatever, and say -- you know, let them schedule it themselves to a degree. But -- and it's -- the other part of it, of sharing a position, I just don't know that. I mean, that's something that I don't -- MR. HOLEKAMP: I made that offer, you know, if you chose to put -- working under y'all's authority, but ca-i~-os 233 1 3 4 G J 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 2 1 22 23 24 25 I would say that Ms. Mitchell would have a very difficult time under her current conditions to be able to do that booking and what she currently does, because I've seen it's pretty busy up here. And I -- you know, I'm making that offer to help if it's -- you know, is feasible for y'all. COMMISSIONER LETZ: Okay. MR. HOLEKAMP: It wouldn't create another halftime position. It would be -- COMMISSIONER LETZ: Right. MR. HOLEKAMP: And supervision of that person, that wouldn't be an issue for me. COMMISSIONER WILLIAMS: How can you make that offer? Are you making that offer predicated on not losing another person off your staff? MR. HOLEKAMP: Well, I already gave you that one yesterday -- I mean this afternoon. I'm already having to double up on my maintenance people. COMMISSIONER WILLIAMS: I'm talking about the booking function, and offering some assistance like you just offered. MR. HOLEKAMP: Mm-hmm. COMMISSIONER WILLIAMS: That would be predicated on not losing another member of your staff; is that correct? MR. HOLEKAMP: No, sir. I -- I'm not going ~~-iz vs 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 to take back what I gave you this afternoon. COMMISSIONER WILLIAMS: Okay. MS. HOLEKAMP: No, I don't operate that way. I am going to tighten the belt. We're going to make it work. I -- I may be coming back to you for overtime money, because if it doesn't work, overtime is going to be a problem with these people that are, like, in jail and detention. That's an unknown. I will tell you, the detention facility has got some ills that need to be corrected, and it's going to take me probably 30 to 60 days to get a handle on them, so I would appreciate some patience with that. And it's dollars -- COMMISSIONER WILLIAMS: Okay. I just wanted to understand what you're saying. MR. HOLEKAMP: Yeah. But, no, I'm not -- I still -- that position that I had there, that goes away. And -- COMMISSIONER WILLIAMS: Okay. MR. HOLEKAMP: -- then I'm still offering. But I'd prefer to retain some, because we do some clerical stuff that -- and phone answering, like I was trying to explain. That sure would be nice if I had some help with that. COMMISSIONER LETZ: Okay. That's all I really had. I'm not sure I know any more. Q-tz-o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 235 JUDGE TINLEY: Anything further with regard to Item 24? COMMISSIONER LETZ: I mean, not really on 24, but I guess going back to the -- the budget item, I think we -- the issue is still unresolved. I mean, I think we need to decide today. Either we're going to leave booking where it is or we're going to bring it up here. JUDGE TINLEY: Let me recall Item 23; consider, discuss, and take appropriate action on Fiscal Year 2005-06 budget. Okay, we're back in that mode now. COMMISSIONER LETZ: And it can be done now, or it can be done through budget amendments later; it doesn't make any difference from my standpoint. COMMISSIONER WILLIAMS: Mr. Tomlinson? JUDGE TINLEY: Mr. Auditor? MR. TOMLINSON: Well, I would suggest that you -- that you still have the opportunity at the budget hearing, when the budget's adopted, to make any changes to the budget that you want to do at that time. I would like to see us put this budget -- this proposed budget to bed by Wednesday. JUDGE TINLEY: By when? MR. TOMLINSON: By Wednesday at the latest. JUDGE TINLEY: Do we need to formally adopt a proposed budget? 9-12 US 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: There is -- JUDGE TINLEY: Or approve a proposed budget -- MR. TOMLINSON: There needs to be -- JUDGE TINLEY: -- at that point, and get it on file before we can do the formal adoption, which we can also do on the 30th? COMMISSIONER BALDWIN: Yes. MR. TOMLINSON: Well, you don't have to -- you don't have to officially vote on a proposed budget. And I think the statute says that the County Judge shall post a budget -- a proposed budget for -- I think it's 10 days. JUDGE TINLEY: Ten days. MR. TOMLINSON: Ten days prior to the adoption of the budget. So, any time between the time it's filed and when it's actually adopted, you have opportunities to suggest any amendments that you want to make. The only stipulation is that those amendments have to be -- have to become part of the budget, so you have to be -- they have to be -- those amendments have to be itemized within t_he body of the budget. But do you have an opportunity -- JUDGE TINLEY: My thinking was that we -- it may not be necessary. I may be being repetitive, but I was just making some notes for the 19th, would be to approve a proposed budget on the 19th. At that point, it'll be filed, 9- 1 2 ~ 9 237 1 2 3 4 5 6 7 8 9 10 11 1 G 13 19 15 16 17 18 19 20 21 22 23 24 25 and then on the 30th, when the final actions are taken with respect to the tax rate, and ha ve the actual adoption take place then. Is there anything wrong with that timetable? MR. TOMLINSON: No. JUDGE TINLEY: I s ther e any lack of notice that I'm not including in that, that I need to include? MR. TOMLINSON: I can' t -- 10 days is all I know -- I'm sure of. JUDGE TINLEY: Okay. That's my understanding, that -- actually, I don't think we need to have formal court action to approve the proposed budget. MR. TOMLINSON: No. JUDGE TINLEY: But -- COMMISSIONER LETZ: But the -- I mean, if we did it on the 19th, on Monday, how long is it goinq to take you to get it printed? Don't you have to have ~t available 10 days? MR. TOMLINSON: Mm-hmm. COMMISSIONER LETZ: I don't know why we just don't do it today. I mean, it's on the agenda. DODGE TINLEY: We could. COMMISSIONER WILLIAMS: We could. I don't know why you can't, either. COMMISSIONER LETZ: That way it can be out to the public and they can look at it. If we want to -- it's a v-i~-os 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 proposed budget; we ran still make a few minor changes if we need to, or we can do it through budget amendments after the budget starts. COMMISSIONER NICHOLSON: That's good. Move to approve the budget with the changes that we've noted today. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval of the budget, subject to the changes being implemented that we've noted today. Any questions? MS. UECKER: How do we know what those -- how do we know what that's going to be? MR. TOMLINSON: Well, I'll send everybody a page of the final number. MS. NEMEC: And I'll send everybody their own position schedule. COMMISSIONER LETZ: And then if there's something wrong, there's still time during that -- between now and Monday, probably, really to do it, or we can do it during the 10-day period. We can still make the correction. JUDGE TINLEY: Mr. Holekamp? MS. HOLEKAMP: I just have a comment. And I -- and as I've said numerous times, I work at the pleasure of the Court. But if we're going to chop any more positions and it goes in effect October 1, I'd sure like to be able to ~-i n= 239 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 tell somebody they won't have a job, because we're two weeks away. So, please, we've got to treat these people, I mean, fairly. COMMISSIONER BALDWIN: I agree. JUDGE TINLEY: Any further question or discussion on the motion on the floor? 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. Let's go to the 2 o'clock item. Reasonably timely. Reports from departments. I.T., Mr. Trolinger. MR. TROLINGER: Afternoon. I have submitted to each of you a written report bimonthly from July 11th through September 12th. Just a couple of highlights. We brought the 198th District Attorney's local office online this morning, actually, so they're going to be able to access the County's database, the jail records, the person's records and whatnot. So, we'll get them -- we'll get them started on some training. We've reconfigured the County Clerk's office counter operation. Looks pretty good. I think all the people that sit there and have to -- have to print and run to the printer now versus -- or not run to the printer now versus having to print jobs at their desk, 9-]2-u5 240 1 2 3 4 F 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they're going to improve some things, and Jannett's also done some things with her seats, or is getting ready to do things with her seats, which is going to make it much better also. So, definitely some good things happening this past two months with efficiency. Last little piece is we installed a driver's license reader for jail visitation. A little bit more accurate -- well, some accuracy improvements, and hopefully some speed improvements for the visitors at the jail. And converted the fingerprint system communications from a dedicated line -- expensive dedicated line, and rolled that into the cable modem that we had provided him, his dedicated Internet connection. If y'all have any questions, I'll be glad to answer. COMMISSIONER LETZ: What's the timetable for the new software, or new computer system? MR. TROLINGER: I'm sitting down with the -- with the contract people tonight at dinner, and in the morning, I expect we'll be able to present to the County Attorney the contracts, so it will be ready to be signed on October 1st. And pending that scheduling, we anticipate for the Tax Office and for financial will probably be after the end of January; probably February lst timeframe will be the initial -- that's because we want to push them past the tax season and the forms and whatnot. For the courts package, ~-1,-os 241 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 the most expensive and the largest, I'd like to get a scheduled date as soon as possible, and that's all based on a signed contract. So, that's why I want to have those contracts ready for you, so we can get a person scheduled to assign -- you know, a time slot basically assigned to us from Software Group for the Courts Odyssey package install. COMMISSIONER LETZ: Is there anything noticeably going to be different with the new system? Like, Jannett's people, are they going to be getting different computers or PC's or anything? Or, I guess, how is it going to -- or is it basically going to be run off the same PC's that are everywhere? MR. TROLINGER: For the majority of the cases, the same equipment, with some peripheral changes; some printers, some scanners are going to change. The largest departments, the Clerk's and the Sheriff's Office, we've gotten them up to the point where their hardware already -- since February, we've gotten everything in place, so they've got new computers; they've got the hardware they need. I took into account a couple of places where it was I've got that calculated so that it'll all come together when Odyssey is installed. COMMISSIONER LETZ: When will we -- when will be your best guess as to when the Courts package will be up 9-1^-OS 1 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 292 and running? MS. UECKER: Gosh, training will be -- MR. TROLINGER: February-March. Spring, completely. And that includes the jail, Sheriff's Office, the Clerk's offices, District Attorney's, because I'm bringing them into this picture too, and the J.P.'s. There's a lot of people involved. But it all hinges on getting that -- getting that slot reserved. COMMISSIONER BALDWIN: You say you're cutting a deal over dinner? MR. TROLINGER: We're going to review the contracts and make sure each one of the line items are correct as we discussed; make sure that, for instance, the Sheriff's computer-aided dispatch is included. And then we're going to have that in a form so that all of those pieces -- tax, financial, and courts -- all look similar, so that when the County Attorney reviews it, it's a simple process for him to give feedback, so when he does give that feedback, it applies to all three. There's three separate contracts, and we can get the process moving to streamline the process. COMMISSIONER BALDWIN: Be careful letting Software, Inc., buy you dinner. MR. TROLINGER: Yes, sir. COMMISSIONER BALDWIN: Be careful about s-iz-as X93 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 takinq gifts. MR. TROLINGER: Yes, sir. MS. NEMEC: John? Could you update the Court on what we're going to do with direct deposit and what timeframe, just to have it on the record, please? MR. TROLINGER.: Okay, sure. Direct deposit, I was asked to look at the automated -- automated data processing -- the direct deposit issue. Currently, with the Legacy system, we have not purchased the module that's required to do the -- the automated clearinghouse -- the piece that lets us send payments electronically through the fed. In lieu of purchasing that, installing that, I'm recommending that we wait until we install the new software package. In the new financial package, that will -- that will be built-in, and the Treasurer's office will receive training at that time. But that will be after -- after January 31st. COMMISSIONER LETZ: After January? MR. TROLINGER: Yes. MS. NEMEC: And that we'd have to purchase twice. MR. TROLINGER: Otherwise -- I'll give you a quote. What was it, $1,500? MS. NEMEC: I think so. MR. TROLINGER: Relatively not a large 9-11-US 244 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 amount, but it's $1,500 that we would spend and then throw away within a few months. COMMISSIONER LETZ: Okay. JUDGE TINLEY: So, it's going to be a short delay to really implementing that because of the wasted expenditure for a short period of time. MR. TROLINGER: Correct. And I expect with the Legacy system, if I placed the order with Software Group right now, it would be two months before we had that installed. It would be the end of November in any case, just the scheduling issue that they have in training and implementation. So, you know, by the end of November we'd install it, and then by the end of January, we're putting in a new software system that covers the -- covers that. COMMISSIONER WILLIAMS: Are you going to get an ironclad implementation schedule from these people? MR. TROLINGER: Yes, and I have the preliminary step-by-step. It's a thick document, and it outlines each and every step and package with sign-off at the bottom of each page. Software Group's got a very detailed plan. COMMISSIONER WILLIAMS: Okay. COMMISSIONER LETZ: Who executes the contract? You, Judge? JUDGE TINLEY: I assume so. Contract's first a-iz-os 1 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 295 got to go to the County Attorney, and then it will come back here for final approval. MR. TROLINGER: My plan was -- on the contracts was to just to make sure -- I was going to go with Software Group, then bring it to Linda, Jannett, the Sheriff, the Auditor, the Treasurer, et cetera, to make sure that all the pieces -- the data conversion and whatnot were in the contract, that we had everything covered before giving it to the County Attorney, and then it would come to the -- to the Judge. COMMISSIONER LETZ: All right. JUDGE TINLEY: Anything else for the I.T.? MS. UECKER: I don't know if Jonathan even knows this or not, but effective September the 1st, we quit using the expensive receipts. We're just doing plain paper receipts, and we're not even keepinq one. We're just running a report and getting the amount off of that rather than buying the expensive computer receipts. COMMISSIONER LETZ: Are you talking to this Jonathan or that Jonathan? He's not Jonathan. MS. UECKER: Well, I don't even know if he knows that we did that, but you might -- MR. TROLINGER: Yeah, September 1st -- COMMISSIONER WILLIAMS: Got your John's mixed up. 0 12-OG 246 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TROLINGER: September 1st, the District Clerk's Office came off the expensive receipts and went to plain paper for receipts. And the County Clerk's office is doing the same; they're in that process right now. Thank you. MS. UECKER: He just looks like a Jonathan, doesn't he? (Laughter). JUDGE TINLEY: Road and Bridge. MS. HARDIN: Would you pass these out? COMMISSIONER WILLIAMS: Just what we need, more stuff to read. (Discussion off the record.) MS. HARDIN: Since the last report, the first list that I have here are the roads that have been paved since the last bimonthly report, Ranchero Road being the most fun. Goat Creek Cutoff is being done today, as we speak. And all of these on the list should be done before the end of September. Elm Pass should be done next week. The stripers will be here next Monday to stripe Ranchero, Goat Creek Cutoff, and Scenic Valley Roads. Does anyone have any questions about the paving? COMMISSIONER WILLIAMS: I guess there are no roads in Precinct 3? COMMISSIONER LETZ: Three's in very good shape. 9-1:-OS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 ~~ GG 23 24 25 247 COMMISSIONER BALDWIN: Both of them. MS. HARDIN: We cut them all out when the budget went. COMMISSIONER NICHOLSON: When does Canyon Springs Ranch get finished up? MS. HARDIN: They're going to go from Goat Creek Cutoff to Elm Pass, and then from Elm Pass they will be going there, so probably by middle of next week. COMMISSIONER NICHOLSON: I think you ought to pass Elm Pass and go directly... I won't get so many phone calls. MS. HARDIN: On the subdivision plats, one of those changed this morning. The Mosty Pecan Grove won't be done until the 19th. We still have four subdivisions that still need the final -- finals on them. That's where we marked it with "N. F." We're waiting on -- three of those are in Precinct 2, and then we still have the one in Precinct 4, which was that subdivision that had not been done. COMMISSIONER WILLIAMS: What's with the school? Another house there or what? MS. HARDIN: We haven't heard anything more from them sinr_e the preliminary plat, so we're still waiting on that to be finished. COMMISSIONER WILLIAMS: Ledgestone is the one 9 12 US 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 248 on 27 coming for final? MS. HARDIN: Right. COMMISSIONER WILLIAMS: Is that correct? MS. HARDIN: Correct. And then the Waugh Acres, they were supposed to do a floodplain study, and we do not have that back. And the one out in Precinct 4, that Heavenly Acres on Harper Valley Road, all of the landowners were scattered all over the United States, so it's taking them longer than the 90 days that we gave them to come back with the signatures. And the next page, the list is for the floodplain permits. We still have several of those pending. COMMISSIONER NICHOLSON: What's Truett Airhart? What does he need? MS. HARDIN: He's doing a remodel on his property, so we're waiting for them to complete the -- the remodel so that they can do an elevation certificate on the finished job. COMMISSIONER NICHOLSON: I didn't know about that. Can you -- you need a construction permit out in the county? MS. HARDIN: Yes, sir. COMMISSIONER LETZ: In the floodplain. MS. HARDIN: In the floodplain. COMMISSIONER NICHOLSON: Oh, in the floodplain. ~-i.-us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 299 MS. HARDIN: These are all floodplain permits. COMMISSIONER NICHOLSON: I know where it is. MS. HARDIN: Okay. We'll move on to the employees. We have no new worker's comp claims in the last two months. COMMISSIONER BALDWIN: Yea. MS. HARDIN: Yea. We did have one man out with an emergency appendectomy. We did -- and we had -- we lost one retiree, Archie Koennecke, who was Doug's father, passed away on August the 18th. We've had no new insurance claims -- well, we had one where gravel was coming out from underneath the tailgate of a dump truck and damaged a car. COMMISSIONER WILLIAMS: What was the car doing underneath the dump truck's tailgate? MS. HARDIN: It was one of those little, bitty -- what are those? Mini Cooper? It was a Mini Cooper, and it was too close to the tailgate. JUDGE TINLEY: Dumped a load and gone. MS. HARDIN: We did have some -- on September the lst, there was some new laws that came out that our -- some of our employees were concerned about, about the tarping of dump trucks, so I called Travis Hall and asked him if this pertained to us, and he could not -- he couldn't give me a definition until he went to his class to find out 9-i~-os zso 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 how he was supposed to interpret the laws. So, in the meantime, I called Mindy, who was -- for insurance purposes, and she talked to TAC legal, and they said that we were not a commercial entity, so we did not have to tarp our trucks. We have 11 dump trucks that are not tarped. Those of certain sizes have tarps on them, and they were sold to us that way. I guess what we're asking the Court is, would you like for us to consider tarping those 11 trucks, or do we want to wait until we hear from the -- from Mr. Hall? COMMISSIONER LETZ: Wait till we hear from Mr. Hall. COMMISSIONER BALDWIN: Wait till you hear from Mr. Hall. JUDGE TINLEY: And if you don't like what you hear him say, you can tell him what TAC said. MS. HARDIN: Okay. JUDGE TINLEY: Say he's obviously wrong; go back again. COMMISSIONER LETZ: Go back to school. MS. HARDIN: Okay. I just wanted to point that out. Ranchero Road was a very difficult road for our guys to pave. And you gentlemen drive it every day, so you know what the traffic's like. It was done without any incidents. The constable came -- two constables came and helped us the first day, and the Sheriff's Department did ~,-i% 05 zsl 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 come the second day and gave several tickets. It turned out very well. And -- COMMISSIONER NICHOLSON: What was happening there? MS. HARDIN: The only -- pardon? COMMISSIONER NICHOLSON: What was happening there on Ranchero? What -- what kind of violations were occurring? MS. HARDIN: Speeding, no seat belts. COMMISSIONER NICHOLSON: Okay. Okay. MS. HARDIN: And then on Goat Creek Cutoff, when we were getting ready to do that last week, we had to call the Sheriff's Department, 'cause a gentleman threatened to kill our guys if they touched his driveway. COMMISSIONER WILLIAMS: So, what was the final disposition? COMMISSIONER BALDWIN: We didn't touch his driveway. MS. HARDIN: Didn't touch his driveway, but we did send a deputy out. SHERIFF HIERHOLZER: There was a couple Road and Bridge workers that left. (Laughter.) COMMISSIONER NICHOLSON: Smart employees. COMMISSIONER WILLIAMS: Tough work. First thing, they're going to be looking for combat pay here. y iz-ns 252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. HARDIN: If you get a call about a driveway that didn't get done, it was probably that one. COMMISSIONER NICHOLSON: For the information of the rest of the Court, you got a copy of a letter from a landowner in Y.O. Ranchlands complaining that he thought some unauthorized development was going on out there. And that's nothing new; we dealt with that before. COMMISSIONER BALDWIN: I was shocked. COMMISSIONER NICHOLSON: And I sent him a response, said we'll look into it again, and he'd get an answer when I got one. Truby is working to find out the details on it, so that's where that stands. MS. HARDIN: We went back and pulled the information. The gentleman who's doing -- selling the lots had a letter in 2001; he had another determination in 2004, that if he sold the property in the same configurations that he bought them, that they did not have to plat. And, so, I have a call in to the surveyor who's doing the work for him and asked him to draw me a picture, so when I have a picture of what the plat looks like, then we can set up a meeting with the Commissioner and the County Attorney. COMMISSIONER LETZ: Isn't the issue, though, they're putting in roads? MS. HARDIN: But there was an easement road there at that time. 9-12-CS 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: Right. MS. HARDIN: Is my understanding. COMMISSIONER LETZ: Some type of road. MS. HARDIN: But I don't have -- COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: We don't know the answer to that. MS. HARDIN: We don't really know the answer, but we are working on it. COMMISSIONER NICHOLSON: There's obviously a feud going on, and it's kind of -- you can't trust what you hear from either side. COMMISSIONER LETZ: I like this report. MS. HARDIN: Thank you very much. COMMISSIONER LETZ: The format. COMMISSIONER WILLIAMS: It's good. Thank you. MS. HARDIN: Thank you. JUDGE TINLEY: Yes, thank you. Facilities and Maintenance. We've heard about you upside, downside -- MR. HOLEKAMP: Probably heard enough. JUDGE TINLEY: -- sideways, every which way. MR. HOLEKAMP: I have a real brief one. In the month of September, the barn was booked 14 days; Union Church, six. And those 14, that is not counting setup and 9-iz-os 254 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 tear-down; those are actual days that somebody was in the facility renting it -- well, and 4-H. Wait a minute, not all rental; it was some 4-H stuff. And in the month of October, we're scheduled for 16 days in the barn, and I think Union Church is going to be about six. COMMISSIONER LETZ: What are they using Union Church for mostly? MR. HOLEKAMP: Okay, I figured somebody was going to ask me that. We do weddings, and I see where we got a baby shower coming up. And the -- Schreiner College calls it, like, Partners in Ministry; there's a group. And the biggest problem with Union Church -- and I'll just kind of give you -- it's not a problem, but it's a -- it's one of those things that you have to check on quite often, is the -- that when they use it, they don't turn the thermostat back, so we have to go over there the next morning or whatever and check that thermostat, see if it's sitting on 68 still. They just leave it at -- you know. And I'm -- I'm kind of hard-headed about that; I think that's a waste of money. COMMISSIONER LETZ: Can't we put one of those lockbox -- MR. HOLEKAMP: Yes, sir, we could. COMMISSIONER LETZ: Might be a way just to -- I mean, obviously -- e-iz-us zss 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 L 23 24 25 MR. HOLEKAMP: Yeah, we could. COMMISSIONER LETZ: Long as they can get to it to shut it down so it's not -- MR. HOLEKAMP: Well, I understand. We just haven't done that sort of thing. We were hoping that honesty would -- and common sense would prevail, but it doesn't always work that way. We've got several projects that we're fixing to start on, and I have some -- somebody said about goals earlier in court; I think Buster. I've got a goal that we have this space downstairs in that hallway, in that open space, to have it looking like something other than a basement by early voting. I think that's a lofty goal on my part. I've got the -- I've got the ceiling the and the floor tile, and I'm going to try to work them out of this year's budget, and then the scheduling of trying to get people to do it, it's going to be from there on. But I do have a goal of trying to get that accomplished, and there's a bunch of air conditioning duct work that'll go along with it, and lighting, a lot of electrical that -- we don't see it when you walk in there because it's already lit, but that cannot be moved down. So, that's a goal that I have. And I'm hoping in -- and the main reason I've been using my -- my statf and trustees is because contractors are really cost-prohibitive nowadays. It has gotten to where if I go out and try to get a bid on something, I can expect 60 to -iz us 256 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65 percent of that bid being labor. COMMISSIONER BALDWIN: Sure, if they have time to do it. MR. HOLEKAMP: If you can even get them to call you back, right. And I well understand, you know, that's good for our -- our community if they're busy, but it really makes it tough to -- to get things accomplished. But that is a goal right now for early voting -- have it done by beginning of March. COMMISSIONER BALDWIN: That's a good goal. MR. HOLEKAMP: Any questions? JUDGE TINLEY: Thank you. MR. HOLEKAMP: Thank you. MS. PIE PER: Glenn, I have early voting starting October 24th. MR. HOLEKAMP: Well, that's for this election. I said primaries, didn't I? MS. PIEPER: Okay. MR. HOLEKAMP: I meant primaries. COMMISSIONER LETZ: You said early voting, but we'll go -- MR. HOLEKAMP: I meant primaries in March -- isn't that March? COMMISSIONER BALDWIN: All right, let's cut his salary. 9-~: us 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PIEPER: They start February 20th. MR. HOLEKAMP: February 20? JUDGE TINLEY: Okay. Do we have anything to go into exec utive session about now? Okay, let 's -- MS. NEMEC: Judge? JUDGE TINLEY: -- talk about the bills. MS. NEMEC: Judge? JUDGE TINLEY: I'm sorry. MS. NEMEC: Ms. Uecker left, but she informed me that she -- as she told y'all, that she had cut a position and was moving those duties up to one of her other employees, a nd wanted to know if she could do a s Ms. Pieper is doing and giving her that one-step increase. JUDGE TINLEY: I sure think she ought to be here to ask for it if she's that interested in it. COMMISSIONER LETZ: I think the answer is yes. MS. NEMEC: So, should I go ahead and include that? COMMISSIONER LETZ: That's fine. Fine in my opinion. COMMISSIONER WILLIAMS: It's a last-minute adjustment? MS. NEMEC: Yes, sir. MS. PIEPER: I have another question on that. 0-12 ns 258 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: Uh-oh. Get Linda Uecker back down here. MS. PIEPER: Well, if our gas allowance is going to go up -- the only time I put in for reimbursement on gas is just when I go to conferences. When I travel to the county or bank or, you know, voting places, I never put in for that, but for my conference line items, I do. I seek reimbursement for my mileage, so I just kind of wonder -- and I think Linda Decker's the same way, and I just wonder if we need to kind of up that amount a little bit. COMMISSIONER LETZ: I mean, I'm -- I do -- I think most of the Court does the same way. I think I'd rather -- rather than try to change all those line items, let's just see how we go through the year. MS. PIEPER: Okay. COMMISSIONER LETZ: And if we get a little bit short, we can do a budget amendment, if that's the reason. Hopefully fuel prices come down. MS. PIEPER: Okay, that sounds good. JUDGE TINLEY: What a dreamer. COMMISSIONER LETZ: Yeah. Maybe they will. Probably overestimated this year. JUDGE TINLEY: Okay. I guess we're down to the approval agenda. Mr. Auditor? COMMISSIONER LETZ: Move we pay the bills. ~-_~-r~, 259 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 WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded to pay the bills. Any question or discussion? COMMISSIONER BALDWIN: Is there any indigent health care in here? DODGE TINLEY: Yes. COMMISSIONER BALDWIN: I can't seem to find it. JUDGE TINLEY: I'd say there is. MR. TOMLINSON: No, we didn't have -- we didn't have any COMMISSIONER WILLIAMS: Didn't have any? COMMISSIONER BALDWIN: Well, I want to ask a question about paying indigent health care bills, anyway. Who sets -- who actually sets the criteria for paying for indigent health care? MR. TOMLINSON: The State of Texas. COMMISSIONER BALDWIN: Does the State of Texas actually say that we will cover undocumented aliens? MR. TOMLINSON: I don't know -- I don't know the rule on that one. COMMISSIONER BALDWIN: That's what I'm talking about, is those kinds of criteria. MR. TOMLINSON: I don't know -- I don't know the criteria for qualification. v-iz-os z5o 1 Z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: I had -- the reason I'm asking -- I'm not fussing or complaining or anything. I've just heard about another county that the Commissioners Court actually sets the criteria of what kind of individual qualifies. COMMISSIONER LETZ: As I understand it, I thought it was -- Sid Peterson was doing that for us. MR. TOMLTNSON: Well, they are, but there's a set -- there's a set of regulations that they have to follow. COMMISSIONER LETZ; Right. And I don't know what those regulations are, but, I mean -- COMMISSIONER BALDWIN; And that's set down by the State, I'm sure. MR. TOMLINSON: Yeah, COMMISSIONER BALDWIN; Yeah. COMMISSIONER WILLIAMS: They just follow state rules when an applicant shows up, right? MR. TOMLINSON: And it`s the same -- they also set the -- the amount that we pay for certain medications, surgical procedures. That -- that is actually the most difficult part of -- of administering the Indigent Health Care program. COMMISSIONER BALDWIN; Yeah. MR. TOMLINSON: 'Cause each and every drug 261 1 L 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and each and every procedure that's allowed has -- has a price attached to it, and we -- we can't pay more than what that price is. There's -- so -- and, as a matter of fact, there's some -- there's some cases that -- I don't know how current this is, but I have seen at times where we've paid actually more under the State's rules than was actually billed. COMMISSIONER LETZ: Doesn't surprise me. COMMISSIONER BALDWIN: And they set things, too, like -- I mean, part of it would be, you know, to see if a person's been through Medicaid/Medicare before it ever arrives at Indigent Health Care. MR. TOMLINSON: I think that that's -- that's the real reason that we have contracted with Peterson Hospital to do -- to do that, is that they -- they know all -- I mean, they have a way to know if -- if the applicant has already been through Medicaid or Medicare or any -- any other -- any other benefits that are available to them before they actually go on the Indigent Health Care rolls. I mean, that would be difficult for someone, you know, in the courthouse to -- that kind of information would be hard to obtain. So, in my -- in my mind, I think that's a plus for -- for us that we have somebody that's already in the social services business -- COMMISSIONER BALDWIN: I agree. ~+-ice-us 262 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: -- to do this qualification part of the system. COMMISSIONER WILLIAMS: I agree. COMMISSIONER BALDWIN: My only -- I agree with that 100 percent. I can't imagine one of us trying to figure all that out. But I'm concerned about the undocumented alien thing, if we're required -- MR. TOMLINSON: I don't -- I don't know the regulation. COMMISSIONER BALDWIN: I'm going to continue looking into it, see if I can come up with it. JUDGE TINLEY: Any further questions 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: The motion does carry. Budget amendments. Budget Amendment Request Number 1. MR. TOMLINSON: Okay. Number 1 is for the Courthouse and Related Buildings. The request is to move $2,023.31 to Utilities, 1,314.23, from Leasehold Improvements and 709.08 into Repairs -- from Repairs and Maintenance. COMMISSIONER LETZ: So moved. a iz c5 1 2 3 4 5 6 7 8 9 10 11 1G 13 14 15 16 17 18 19 20 21 ~~ 23 24 25 263 COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval. 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: The motion does carry. Budget Amendment Request Number 2. MR. TOMLINSON: That's from the District Clerk. Her request is to transfer $38.11 from her Part-Time line item, $30 into Conferences and $8.11 into Employee Training. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER WILLIAMS: Second. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? 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. Budget Amendment Request Number 3. MR. TOMLINSON: Number 3 is from the Sheriff y-~.:-us 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L G 23 24 25 for the jail, to transfer 12,000 trom Jailers' Salaries to Utilities and $203.48 from Capital Outlay to Operating Equipment. COMMISSIONER WILLIAMS: Move to approve. COMMISSIONER LETZ: Second. JODGE TINLEY: Motion made and seconded for approval. Any question or discussion? COMMISSIONER NICHOLSON: Just tell me again, Rusty, how we got $12,000 in Jailers' Salaries we don't need. SHERIFF HIERHOLZER: I had openings. COMMISSIONER NICHOLSON: Same answer as last time. Thank you. SHERIFF HIERHOLZER: They won't be there long. We about filled all but two now. JUDGE TINLEY: Any -- any other questions or discussion? COMMISSIONER BALDWIN: Actually, I think the real question is, how did we underbudget utilities in everything? COMMISSIONER WILLIAMS: Yeah. COMMISSIONER BALDWIN: See, there's $14,000 right here. COMMISSIONER NICHOLSON: Oil and gas prices, maybe. 9 iz-u~ 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 17 18 19 ~0 21 22 23 24 25 COMMISSIONER BALDWIN: Maybe. COMMISSIONER LETZ: Propane. It's high. SHERIFF HIERHOLZER: It did go up in the budget from year before last to this year; we added a certain percentage, Tommy and I did, and now at the end, I -- all I can say is gas and oil -- they haven't changed anything out there. It's got to be just the cost. COMMISSIONER BALDWIN: $19,000 in these two offices. DODGE TINLEY: Any other questions or comments? 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. Budget Amendment Request Number 4. MR. TOMLINSON: Okay. Number 4 is for the 216th and the 198th District Courts. The first part is for the 198th -- I mean the 216th court, to transfer 11,184.10 from Special Trials, 198.10 to Office Supplies, 10,846 to Court-Appointed Attorneys, and $140 to Court Transcripts. Bottom half of that is for the 198th court. The request is to transfer $538 from Special Trials, $338 in Interpreters and $200 in Special Court Reporters. -i~-os 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER LETZ: So moved, with a comment. COMMISSIONER NICHOLSON: Second, with a comment. JUDGE TINLEY: Motion made and seconded. Questions or discussion? COMMISSIONER LETZ: My comment is, is this a typo under the interpreter? Shouldn't that be 10-436? MR. TOMLINSON: Well, actually, no. I -- that 434 department is for jury -- juries. COMMISSIONER LETZ: Okay. MR. TOMLINSON: That Interpreters line item is in that jury department. COMMISSIONER LETZ: Okay. COMMISSIONER NICHOLSON: Same comment as before. It's just awfully dangerous to have these big pots of money laying around that are easy to tap. COMMISSIONER LETZ: We'll find out what happens when we don't have them, 'cause we don't have them in this year's budget. COMMISSIONER WILLIAMS: Stay tuned. JUDGE TINLEY: Any further question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) i JUDGE TINLEY: All opposed, same sign. ~-,z-us 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 5. MR. TOMLINSON: Number 5 is for the County Clerk. She's requesting a transfer of $750 from Software Maintenance to Lease Copier. COMMISSIONER WILLIAMS: So moved. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? 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: Motion does carry. Budget Amendment Request Number 6. MR. TOMLINSON: Number 6 is for Rabies and Animal Control. The request is to transfer $10.77 from Office Supplies to Lease Copier. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) e-ia-ns 268 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE TINLEY: All opposed, same sign. (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 7. MR. TOMLINSON: Number 7 is from the Sheriff for the jail and the Sheriff's Department. He's requesting a transfer of 2,165.12 from Jailers' Salaries, 47.30 into Office Supplies, 407.85 into Vehicle Gas and Oil, 1,702.98 to Operating Supplies, and $6.99 to Radio Repairs. For the Sheriff's Office, he's requesting a transfer of 6,722.26 from Deputies' Salaries, 309.90 to Operating Expenses and 6,412.36 to Vehicle Gas and Oil. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Any questions or comments? COMMISSIONER BALDWIN: Question. Vehicle Gas and Oil. We'll do it again at the end of this month? SHERIFF HIERHOLZER: Did you cover enough to go through the rest of it, Tommy? Or is it just for this bill? MR. TOMLINSON: I -- I think so. We -- SHERIFF HIERHOLZER: Estimate what that will leave. Our monthly bills in gas and oil for the Sheriff's Office is -- last month was almost 9,000. y-ia-oa 269 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. TOMLINSON: I don't think we did budget for nett month, no. So, this is -- SHERIFF HIERHOLZER: We'll do it one more time. MR. TOMLINSON: This is for just this bill. SHERIFF HIERHOLZER: We'll go through it one more time. DODGE TINLEY: Any further questions or comments? 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. Budget Amendment Request Number 8. MR. TOMLINSON: Okay. Number 8 is for Nondepartmental. We need to transfer $600 from the Computer Telephone line item to the Pauper Burial. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? All in favor of the motion, signify by raising your right hand. (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. n is os z7o 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 (No response.) JUDGE TINLEY: The motion does carry. Budget Amendment Request Number 9. MR. TOMLINSON: Number 9 is a request from Judge Brown to transfer 85.67 from his Telephone line item to Office Supplies. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Move to approve. COMMISSIONER LETZ: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? 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: Motion does carry. Budget Amendment Request Number 10. MR. TOMLINSON: Okay. Number 10 is for the Auditor's office to transfer $500 from Part-Time Salary line item to Office Supplies. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: Motion made and seconded for approval. Any question or comment? All in favor of the motion, signify by raising your right hand. a ~_-u5 271 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (The motion carried by unanimous vote.) JUDGE TINLEY: All opposed, same sign. (NO response.) DODGE TINLEY: The motion does carry. Any further budget amendments? MR. TOMLINSON: I have one. You don't have Number 11? JUDGE TINLEY: I don't. COMMISSIONER LETZ: No. MR. TOMLINSON: I guess they didn't make copies. Number 11 is for the Treasurer's office and -- and the Auditor's office. The Treasurer is requesting an addition of 3,166.63 for her Part-Time Salary line item, with $190.56 from Postage, $500 from the Telephone line item, $140 from the Lease Copier line item, 936.98 from Conferences, $124.07 from Capital Outlay, and 1,275.02 from my -- from the Auditor's Part-Time Salary line item. COMMISSIONER BALDWIN: Move for approval. COMMISSIONER WILLIAMS: Second. JUDGE TINLEY: Motion made and seconded for approval of Budget Amendment Request Number 11. Any question or discussion? COMMISSIONER BALDWIN: Yeah. How did that happen? MS. NEMEC: How did -- that we need part-time 9 - 1 ? - 0 S z7z 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l -~ 23 24 25 money? COMMISSIONER BALDWIN: Yeah. MS. NEMEC: Is that what -- okay. I had told the Court several times throughout the year that that was going to happen with our training, you know, with my new employee coming in in January. We just got behind, and Jackie had to work extra hours. And then she also had some vacation accumulated from last year that she hadn't taken, and she took vacation, and so I knew I was going to be short. COMMISSIONER BALDWIN: So it's very likely this kind of thing wouldn't happen next year? MS. NEMEC: No. As a matter of fact, I said whatever vacation she's qot has to be taken within the budget year so that, you know, if there is a chance that she needs to work over, then it won't impact us this bad the way it did. COMMISSIONER BALDWIN: And there won't be any training with new employees. MS. NEMEC: Yeah. Yeah, everything is smoothing out in the office, and things are getting better, so she hasn't had to work the overtime any more. And I don't see it happening. I had offered for -- instead of it coming out of the Auditor's office, to come out of my salary line item, but they saw that they had money in that, so they <~ iz os 273 1 2 3 4 5 H 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 suggested that. JUDGE TINLEY: Any other questions 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: The motion does carry. Do we have any late bills? MR. TOMLINSON: I have one. It's for $23,900 for postage in the Tax Office. COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. JUDGE TINLEY: I assume you need a hand check to U.S. Postmaster? MR. TOMLINSON: Yes. JUDGE TINLEY: All right. Motion made and seconded for approval of late bill and hand check, $23,900 for Tax Office to the U.S. Postmaster. Any question or discussion? COMMISSIONER BALDWIN: It'd just be stupid of me to ask if that's a budgeted amount. Of course, I'm -- if I were going to ask it -- which I'm not, but if I were going to, is that a budgeted amount? MR. TOMLINSON: Yes. 9-12-OS z~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 COMMISSIONER BALDWIN: Thank you. JUDGE TINLEY: Any further questions 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: The motion does carry. I don't see any monthly reports here. COMMISSIONER WILLIAMS: Good. JUDGE TINLEY: Do we have any reports from any of the Commissioners in connection with their liaison assignments? COMMISSIONER BALDWIN: No. JUDGE TINLEY: Let me get back to the reports section. COMMISSIONER BALDWIN: I see JUDGE TINLEY: I've been tendered reports from Justice of the Peace, Precinct 3; Justice of the Peace, Precinct 2; County Clerk, with a notation, "August, General Fund"; Sheriff's, with a notation, "Civil"; and Justice of the Peace, Precinct 1. Do I hear a motion that these reports be approved as presented? COMMISSIONER LETZ: So moved. COMMISSIONER NICHOLSON: Second. ~-iz na 275 1 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: Motion made and seconded for approval. 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: The motion does carry. We're back to the reports from the Commissioners and their liaison assignments or otherwise. Commissioner Baldwin? COMMISSIONER BALDWIN: No, sir. JUDGE TINLEY: Commissioner Williams? COMMISSIONER WILLIAMS: I've been too busy with budget. I don't have anything, Judge. JUDGE TINLEY: Commissioner Letz? COMMISSIONER LETZ: Two things. One -- COMMISSIONER BALDWIN: No. COMMISSIONER LETZ: -- remember to come to Hermann Sons Bridge Wednesday morning, and two, now that we have budget, I think, behind us, I can concentrate on Subdivision Rules and get those up here very soon. SHERIFF HIERHOLZER: What time is that Wednesday? COMMISSIONER LETZ: 10 o'clock in the morning. COMMISSIONER WILLIAMS: We got the governor (a-1?-q5 276 1 2 3 4 G 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming. MS. PIEPER: Where is everybody going to park at? SHERIFF HIERHOLZER: That's what I want to know. COMMISSIONER LETZ: You won't have any deputies down there to direct traffic? SHERIFF HIERHOLZER: I will have somebody down there. COMMISSIONER NICHOLSON: I got a budget meeting tonight at the Hunt Methodist Church, and you're all invited. COMMISSIONER WILLIAMS: Man, you're a glutton for punishment. COMMISSIONER BALDWIN: I think I'll pass. JUDGE TINLEY: Any other reports from elected officials? Department heads? Any other business? We stand adjourned. (Commissioners Court adjourned at 4:47 p.m.) ~a lz us 1 G 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 z77 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 21st day of September, 2005. JANNETT PIEPER, Kerr County Clerk BY: __~(_ ~~ ___ _______ Kathy Ban k, Deputy County Clerk Certified Shorthand Reporter ~-i~-os ORDER NO. 29355 ANNOUNCE OCTOBER AS TEXAS ARCHEOLOGY MONTH IN KERB COUNTY Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the announcement of October as Texas Archeology Month in Kerr County. ORDER NO. 29356 APPROVAL FOR THE LEAGUE OF WOMEN VOTERS TO USE ONE OF THE DISTRICT COURTROOMS FOR VOTER EDUCATION ON SEPTEMBER 20, 2005 Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz. The Court approved by record vote of 4-0-0 to: Approve the League of Women Voters to use one of the District Courtrooms for voter education on September 20, 2005. ORDER NO. 29357 APPROVAL OF FINAL PLAT FOR RIVER ROAD RANCH, PCT. 4 Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the final plat for River Road Ranch, Precinct 4. ORDER NO. 29358 SET PUBLIC HEARING FOR OCTOBER 24, 2005 AT 10:00 A.M. TO APPROVE REVISION OF PLAT FOR THE RESERVE OF FALLING WATER Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court approved by record vote of 4-0-0 to: Set a Public Hearing for October 24, 2005 at 10:00 a.m. to approve the revision of plat for The Reserve of Falling Water, Lots 34-37, Vol. 7, Page 215-217, Precinct 3. ORDER NO. 29359 APPROVE FINAL REVISION OF PLAT FOR WHISKEY RIDGE RANCHES Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson. The Court unanimously approved by vote of 4-0-0 to: Approve the final revision of Plat for Whiskey Ridge Ranches, Section 2, Lots 17 & 18, Precinct 3. ORDER NO.293 60 APPROVAL OF FINAL REVISION OF PLAT FOR KERRVILLE COUNTRY ESTATES Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court approved by record vote of 4-0-0 to: Approve final revision of Plat for Kerrville Country Estates, Section Two, Lot 34A, Precinct 1. ORDER NO. 29361 APPROVAL OF INTERLOCAL AGREEMENT BETWEEN KERB 911 AND KERR COUNTY Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Interlocal Agreement between Kerr 911 and Kerr County. ORDER NO. 29362 AUTHORIZE EXPENDITURE FOR PROFESSIONAL SERVICES TO MEET REQUIREMENTS OF TWDB FOR REGIONAL WASTEWATER FACILITIES PLANNING GRANT Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court approved by record vote of 4-0-0 to: Authorize an expenditure not to exceed $5,000 for Professional Services to meet the requirements of TWDB for a Regional Wastewater Facilities Planning Grant for the community of Center Point. ORDER NO.293 63 APPOINT BOARD OF TRUSTEES FOR KERR COUNTY JUVENILE DETENTION FACILITY Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court approved by record vote of 4-0-0 to: Appoint Commissioners Court as members for the Board of Trustees for oversight of the Kerr County Juvenile Detention Facility, as provided for in Human Resources Code, Title 3, of the State of Texas. ORDER NO. 29364 ADOPT POLICY AND PROCEDURE MANUAL FOR KERR COUNTY JUVENILE DETENTION FACILITY Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Nicholson. The Court approved by record vote of 4-0-0 to: Adopt and put in place, current Policy and Procedures Manual as provided in Human Resources Code, Title 3, State of Texas (that has already been adopted by the Juvenile Board in January, 2005), to be determined at a later time if Amendments need to be made. ORDER NO.29365 APPROVE REAFFIRMATION OF SUPPORT OF DEVELOPMENT OF THE HILL COUNTRY SHOOTING SPORTS COMPLEX Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court approved by record vote of 3-2-0 to: Approve and reaffirm Kerr County's support of the development of the Hill Country Shooting Sports Complex. ORDER NO.29366 APPROVE ANIMAL CONTROL SERVICES CONTRACT WITH THE CITY OF KERRVILLE Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court approved by record vote of 4-0-0 to: Approve Animal Control Contract as to content per discussion, subject to Commissioner Nicholson and the County Attorney resolving language issues and authorize County Judge to sign same. ORDER NO.29367 APPROVE FY 2005-06 BUDGET Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz. The Court approved by record vote of 4-0-0 to: Approve the FY 2005-06 budget with changes as noted today. .,_ ORDER NO.29368 CLAIMS AND ACCOUNTS Came to be heard this the 12th day of September, 2005, came to be considered by the Court various Commissioners Precincts, which said Claims and Accounts are: Accounts Expense 10-General $ 116,929.27 14-Fire Protection $ 11,891.55 15-Road & Bridge $ 51,032.16 18-County Law Library $ 2,652.50 19-Public Library $ 26,944 08 20-Road Districts $ 9,055.08 21-Title IV-E/AACOG Grant $ 2,126.45 ._ 26-JP Technology $ 228.99 31-Parks $ 170.00 76-Juvenile Detention Facility $ 7,688.60 Total $ $228,718.68 Upon motion made by Commissioner Letz, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to pay the claims and accounts. ORDER NO.29369 BUDGET AMENDMENT COURTHOUSE & RELATED BLDGS. Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-510-440 Utilities 10-510-470 Leasehold Improvements 10-510-450 Repairs & Maintenance Amendment Increase/QDecrease + $2,023.31 - ($1,314.23) - ($709.08) ORDER NO. 29370 BUDGET AMENDMENT DISTRICT CLERK Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-450-485 Conference 10-450-216 Employee Training 10-450-108 Part-Time Amendment Increase/()Decrease + $30.00 + $8.11 - {$38.11) ORDER NO.293 71 BUDGET AMENDMENT COUNTY JAIL Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-512-440 Utilities 10-512-104 Jailer Salaries 10-512-569 Operating Equipment 10-512-570 Capital Outlay Amendment Increase/QDecrease + $12,000.00 - ($12,000.00) + $203.48 - ($203.48) ORDER NO. 29372 BUDGET AMENDMENT 216`" DISTRICT COURT 198`" DISTRICT COURT Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description Amendment Increase/()Decrease 10-435-310 Office Supplies + $198.10 10-435-402 Court Appointed Attorneys + $10,846.00 10-435-497 Court Transcripts + $140.00 10-435-417 Special Trials - $($11,184.10) 10-434-496 Interpreters + $338 00 10-436-494 Special Court Reporters + $200 00 10-436-417 Special Trials - ($538.00) ORDER NO. 29373 BUDGET AMENDMENT COUNTY CLERK Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-403-461 Lease Copiers 10-403-563 Software Maintenance Amendment Increase/QDecrease + $750.00 - ($750.00) ORDER NO. 293 74 BUDGET AMENDMENT RABIES & ANIMAL CONTROL Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-642-461 Lease Copier 10-642-310 Office Supplies Amendment Increase/()Decrease + $10.77 - ($10.77) -- ORDER NO. 29375 BUDGET AMENDMENT SHERIFF'S DEPARTMENT COUNTY JAIL Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Amendment Expense Code Description Increase/QDecrease -^ 10-512-310 Office Supplies + $47.30 10-512-330 Vehicle Gas & Oil + $407.85 10-512-331 Operating Supplies + $1,702.98 10-512-453 Radio Repairs + $6.99 10-512-104 Jailer Salaries - ($2,165.12) 10-560-330 Operating Expenses + $309 90 10-560-331 Vehicle Gas & Oil + $6,412.36 10-560-104 Deputies Salaries - ($6,722.26) ORDER NO. 29376 BUDGET AMENDMENT NON-DEPARTMENTAL Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-409-404 Pauper Burial 10-409-420 Telephone, Computer Amendment Increase/()Decrease + $600.00 - ($600.00) ORDER NO. 29377 BUDGET AMENDMENT COUNTY COURT @ LAW Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Nicholson, seconded by Commissioner Letz, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-427-310 Office Supplies 10-427-420 Telephone Amendment Increase/()Decrease + $85.67 - ($85.67) ORDER NO. 29378 BUDGET AMENDMENT COUNTY AUDITOR Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-495-310 Office Supplies 10-495-108 Part-Time Salary Amendment Increase/()Decrease + $500.00 - ($500.00) ORDER NO. 29379 BUDGET AMENDMENT COUNTY TREASURER COUNTY AUDITOR Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously approved by vote of 4-0-0 to transfer the following expense codes: Expense Code Description 10-497-108' Part-Time Salary 10-497-309 Postage 10-497-420 Telephone 10-497-461 Lease Copier 10-497-485 Conferences 10-497-570 Capital Outlay 10-495-108 Part-Time Salary Amendment Increase/Q Decrease + $3,166.63 - ($190.56) - ($500.00) - ($140.00) - ($936.98) - ($124.07) - ($1,275.02) ORDER NO. 29380 LATE BILL TAX ASSESSOR/COLLECTOR Came to be heard this the 12th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 to issue a hand check in the amount of $23,900.00 payable to United States Postal Service. Amendment Expense Code Description Increase/()Decrease 10-499-309 Postage + $23,900.00 Postage (for mailing statements). ORDER NO. 29381 MONTHLY REPORTS Came to be heard this the 13th day of September, 2005, with a motion made by Commissioner Letz, seconded by Commissioner Nicholson, the Court unanimously approved by vote of 4-0-0 the following monthly reports: J.P. #3 J.P. #2 County Clerk -August -General Fund Sheriff's -Civil J.P. #1