1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 KERR COUNTY COMMISSIONERS COORT Special Session Thursday, September 29, 2005 4:00 p.m. Commissioners' Courtroom Kerr County Courthouse Kerrville, Texas TYC Request to House Juveniles at KCJF PRESENT: PAT TINLEY, Kerr County Judge H.A. "BUSTER" BALDWIN, Commissioner Pct. 1 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 DAVE NICHOLSON, Commissioner Pct. 4 ~I NI 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On Thursday, September 29, 2005, at 4:00 p.m., a special meeting of the Kerr County Commissioners Court was held in the Commissioners' Courtroom, Kerr County Courthouse, Kerrville, Texas, and the following proceedings were had in open court: P R O C E E D I N G S JUDGE TINLEY: Okay, let me call to order, if I might, this special meeting of the Kerr County Commissioners Court scheduled for this date and time, Thursday, September the 29th, 2005, at 4 p.m. It is past that time now. The agenda item for this afternoon's meeting is to consider, discuss, and take appropriate action to accommodate the Texas Youth Commission's request to house juvenile residents at Kerr County Juvenile Detention Facility on an emergency basis for up to six months, on a minimum three-month basis, at a per diem rate of $95, and approve a plan of action. Ms. Harris? Well, we don't have a podium over here, but you can -- MS. HARRIS: That's okay. COMMISSIONER WILLIAMS: We can get it. MS. HARRIS: That's all right. JUDGE TINLEY: I think we got a table right there that we've been using for juvenile hearings. Tell us in a nutshell what we got. MS. HARRIS: Well, I got a phone call Monday from a TYC representative. The 350-bed unit in Beaumont 9-'9-US 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 [. L 23 24 25 suffered some hurricane damage, and they had to move out their residents and they had to place them immediately in different TYC units across the state. I think I mentioned this before, that the Legislature passed a law this year that TYC-owned and operated facilities, they had to be to at 97 percent capacity before they could contract beds out to other facilities. Well, all the TYC units are full, and so they are looking for additional contract beds to put displaced residents from this Beaumont unit. So, they called me Monday, wanted to know if I would be interested in housing 24 kids in that new building, and I said I sure would. And so that's whenever I contacted Commissioner Williams and let him know that they were interested. Two TYC representatives came Tuesday, and they took a tour of the building to make sure that it would be in compliance with their standards, and it is. And they talked to -- talked about not treatment plans, but case plans, and if they thought that I could get it together and come up with a temporary fir, to get the kids in, and then we'd have time to tweak programs or tweak -- COMMISSIONER WILLIAMS: Services. MS. HARRIS: Services, thank you. I'm -- I'm a little brain-dead. Tweak services as we go along. So, I put a plan of action in about what would be my probability of hiring part-time people. I don't feel that it would be 9-'a-us 4 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~ 23 24 ~5 prudent at this point in time to have full-time staff in that facility until we see how long this is going to be. It will be a minimum of three months up to six months. I had three more TYC representatives in my office this afternoon, and they have taken a more extensive look at the damage that was in that unit, and the roof caved in. So -- COMMISSIONER WILLIAMS: That takes care of three months, doesn't it? MS. HARRIS: Yes. So, it could be longer. They were very pleased with the facility. They were very pleased that it's single cells. They were very pleased about the security that we can offer. And they did not indicate -- they did not indicate if they would be extending this beyond six months, if it goes to six months. I'm -- I'm hoping that it will, but they did not indicate that, 'cause they don't know at this point in time. They have kids spread out everywhere. So, what I -- what I put together that I believe that your -- I don't -- does everyone have a copy of this, Commissioner Williams? COMMISSIONER WILLIAMS: I think we all have copies of it, the work statement and -- MS. HARRIS: Yes. COMMISSIONER WILLIAMS: -- pro forma. MS. HARRIS: Now, the statement of work is what I created Monday night that I had to submit to TYC in ~_~~-os 5 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 2L 23 24 25 order for them to construct a contract. COMMISSIONER BALDWIN: Question. In order for them to construct a contract? Is that -- is that the reason -- I see in your notes here that you sent -- you faxed it to Mrs. Gloria -- MS. HARRIS: Yes -- I e-mailed it. COMMISSIONER BALDWIN: So they could put together a contract. MS. HARRIS: They sent me a boilerplate contract that I gave Mr. Emerson to look over. And they wanted to make sure in my statement of work that I would be able to provide services. That is outlined in the contract. COMMISSIONER BALDWIN: Okay, I understand. MS. HARRIS: And the security, yes, sir. COMMISSIONER BALDWIN: Thank you. MS. HARRIS: Yes, sir. So, once the statement of work was sent in -- and I had to send in several attachments, like copies of the certification, copy of our fire marshal inspection and things of that nature, copy of liability insurance. Once I sent all the attachments with the statement of work, then they packaged that up with the contract and they hand-delivered it to central office in Austin, and they just hand-delivered the finished product contract to me about 15 minutes ago, where they plugged in the name and the address and so forth and e-29-n=. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ~l 22 23 24 25 all that. COMMISSIONER WILLIAMS: If you know, does this draft that they sent back accommodate whatever -- MS. HARRIS: Yes. COMMISSIONER WILLIAMS: -- the County Attorney had -- MS. HARRIS: Yes. COMMISSIONER WILLIAMS: -- on his mind? MS. HARRIS: What they plugged in in the finished copy was -- was that they are contracting with Kerr County, they're going to house kids in the Kerr County Juvenile Facility, dates and addresses, is what they plugged in that contract. They didn't change anything else. They didn't do anything else. COMMISSIONER WILLIAMS: Okay. MS. HARRIS: Anything different from what Mr. Emerson saw. COMMISSIONER WILLIAMS: Okay. COMMISSIONER NICHOLSON: Are these children that would come here, are they -- is their status in the criminal justice system the same as the children that we currently have here? MS. HARRIS: No, sir. Texas Youth Commission is the prison system for juveniles, so these are kids that may have been in a placement like ours and were not 7 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 successful, and then their probation departments sent them to the -- to TYC, Because TYC can house first-degree felony children and they can house kids up to the age of 21. So -- COMMISSIONER WILLIAMS: What type of MS. HARRIS: Life skills, group therapy. And the group therapy is going to be conducted by my juvenile detention officers. They already do that with our post kids and our pre kids; they're going to do that -- do the same kind of group with the TYC kids. Life skills, we already teach life skills to our pre's and post. We're going to be teaching the same life skills to the TYC kids. And the case managers -- the part-time case managers that I have in this would be doing those life skills classes. I was going to offer -- the case managers can also teach chemical dependency education groups, and I was going to offer that, which I still am, but I got a phone call from Hill Country Council on Alcohol and Drug Abuse this morning, and evidently she had read the newspaper article, and they have been given some funding to -- to provide chemical dependency education to displaced hurricane victims, and these TYC kids qualify. So, HCCADA is going to come out and do a chemical dependency education group with these kids. COMMISSIONER NICHOLSON: Are these children y_?a ~~s 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l~ 20 21 22 23 24 25 all male? MS. HARRIS: Yes. They're all male, yes, sir. COMMISSIONER WILLIAMS: How about staffing? How are you going to get staffing? MS. HARRIS: I -- I needed to upgrade my -- or increase my part-time pool anyway, so we're going to hire part-time personnel, part-time J.D.O.'s for the TYC kids, and part-time case managers, and then my shift supervisors are already in place. But, obviously, we don't have enough staff. It'll take 12 J.D.O.'s and 4 control people part-time over there. Obviously, we don't have those personnel hired at this point in time. So, I got together with my shift supervisors, and we constructed a temporary schedule for my full-time staff; that instead of working 6a to 6p for four days and off three days, and coming back and working 6p - Fa for four days and so forth and so on, like their rotating schedule is now, we divided -- we divided up into two sets of teams. Remember, I've got eight shift supervisors, so four shift supervisors and their teams are going to work strictly 6a to 5p, and the other four shift supervisors and their teams are going to work 6p to 6a. That, and we have -- we do have some existing part-time people. That's going to allow us to run both buildings and stay within ratio. By q-^a-us 9 1 2 3 4 5 h 7 8 9 10 I1 12 13 19 15 16 17 18 19 20 21 22 23 24 25 doing that for -- I put in -- I put in this proposed proposal some overtime, and I put in there three weeks worth of overtime. That will give me time to get part-time people hired, trained, and certified. As a matter of fact, we've really good part-time prospects from yesterday. And -- and due to phasing out the post females is going to create four full-time positions that I would be doing away with, that I would be laying off, and a couple of those female J.D.O.'s have indicated that they would like to stay on as part-time, so that -- that will help. That will help. So that's -- that's my game plan. COMMISSIONER WILLIAMS: What about the K.I.S.D. component? MS. HARRIS: They're fine. I've met with Mr. Schwartz twice, and he has met with the teachers, and the teachers gave me an educational schedule today, 'cause I told them, you -- you give me what you can do during the daytime academically for the TYC kids and I'll build a daily schedule around what you can do. 'Cause they had a conference period that they're going to be coming over and they're going to be teaching the TYC kids. And the expelled student -- the K.I.S.D. expelled student is still in the mix as well, and that K.I.S.D. student will be getting his education over in the old building rather than the new y-zti 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 24 25 building, as he originally was. COMMISSIONER LETZ: Let me see if I understand. On the staffing side, by going into the teams you outlined, you're going to be able to have some experienced full-time people on both sides and part-time people on both sides? MS. HARRIS: Exactly. Exactly. Because the -- the part-time people have to have 40 hours of OJT plus 90 hours of classroom instruction for their certification, so it allows me to have seasoned staff in both buildings to do the OJT in both buildings, and then what I'm going to do is I'm going to swap it, because I want everybody cross-trained in both buildings. So, that's the game plan. COMMISSIONER LETZ: What if -- well, two questions. The 24 residents is guaranteed? 24 residents? MS. HARRIS: Getting 23 tomorrow by noon. COMMISSIONER LETZ: And if they -- say you do it for four months, and in four months they say, "We got the Beaumont facility fixed quickly; we're pulling out." What does that do to these numbers? We just lay off all the staff? MS. HARRIS: Just lay off all the staff, 'cause they're all part-time. 'Cause I'm not putting any full-time staff on, because I don't know how much longer v ~~~ vs 11 1 3 4 5 6 7 8 9 10 11 1L 13 14 15 16 17 18 19 20 ~l ~~ 23 24 25 past three months that they will -- will keep these kids there. So, that's why I don't want any full-time staff, so they're there all part-time. COMMISSIONER NICHOLSON: Are they guaranteeing us three months? MS. HARRIS: Yes, sir. COMMISSIONER NICHOLSON: What can go wrong? COMMISSIONER LETZ: Yeah. COMMISSIONER WILLIAMS: I don't know. Roof could blow off of our facility. COMMISSIONER LETZ: If they guarantee three months, there's -- one of the worst-case scenarios are you're looking at about a $100,000 profit -- I hate to use the word "profit" -- on this facility. And -- MS. HARRIS: And please let me clear this up. I'm going to make this statement in open court to clear this up. It is not a profit. COMMISSIONER WILLIAMS: Right. MS. HARRIS: It is not a profit. It is money that we will be receiving for services that will help to decrease the deficit, but not eliminate it. COMMISSIONER WILLIAMS: It's excess revenue over expense, Becky? MS. HARRIS: Yes. COMMISSIONER BALDWIN: Becky, your words ~ _U os 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here -- you're a prophet. MS. HARRIS: Yes, I know, for this little group of numbers. COMMISSIONER NICHOLSON: That means she's a profit prophet. COMMISSIONER WILLIAMS: She's a prophet; she can see down the road. MS. HARRIS: And we are providing therapy. COMMISSIONER BALDWIN: Why is she doing that to you? COMMISSIONER WILLIAMS: Looks like you may have asked some questions earlier. MR. MACCROSSAN: I think the questions I asked Monday were maybe answered. COMMISSIONER BALDWIN: Therapy? MS. HARRIS: We are providing therapy. JUDGE TINLEY: Ms. Harris, you said 24 residents, and they're bringing 23 tomorrow? MS. HARRIS: Yes. JUDGE TINLEY: When's the other one going to show up? MS. HARRIS: Probably pretty quick. Victoria facility took a large majority of TYC's pregnant females, and they're still in the process of shuffling kids around. While they were in my office a little while ago, from some -~~-n5 13 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 other facility -- I don't know from where -- Victoria received four more pregnant females, so Victoria's contract beds are nearly full. And one of the representatives indicated to me -- he said, "You may get that 24th one Monday. You may get the 24th one Tuesday," he said, "because we're still trying to get these kids settled all over the state." JUDGE TINLEY: But that extra bed will be filled? MS. HARRIS: Yes, sir. JUDGE TINLEY: Quickly? MS. HARRIS: That's the indication that I'm getting, yes, sir. COMMISSIONER LETZ: Will these residents ever have any interaction with the other residents? MS. HARRIS: No, sir. No, sir. I called T.J.P.C., because the one classroom that's in the annex building that K.I.S.D. instructs the preadjudicated kids, I called T.J.P.C. to see if there were any restrictions to see if I was going to have to move that classroom setting over to the old building. There is no sight and sound restrictions with T.J.P.C. with these kids. However, it would not be beneficial to anyone to let those kids interact in any way, so the way that I have the schedule for the old building and the schedule that I have for the TYC kids, ~ ~ q n 5 14 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 there will not be any problem, because the only time that the TYC kids would ever be in the old building is during mealtime -- since there's no kitchen in the annex, is during mealtime. But I've got that schedule worked out by which we will feed our post kids and pre kid, and then we'll take the TYC kids over there, so they won't be in there at the same time. JUDGE TINLEY: What is the status of these particular TYC residents? MS. HARRIS: The indication that they gave to me is that these kids were in -- they have a phase system; that they were in the last -- they were in the upper levels of their phase system, and they were in a transitional living program at the Beaumont unit. So, these kids are not first degree felony axe murderers and rapists and things of that nature. These are -- JUDGE TINLEY: Pre-release? MS. HARRIS: I believe so. I believe so. Now, they have not used the term "pre-release" to me, but I believe that that's what they are. They -- these kids have been sleeping on the gym floor for almost a week; it'll be a week -- it was last Saturday -- in the Giddings unit. And they've been sleeping on the floor in the gym since last Saturday, and have not given any -- haven't had any problems out of these kids. 3-z9-ue 15 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 COMMISSIONER WILLIAMS: That's where they're coming from, is Giddings? MS. HARRIS: Yes. Yes, they're Beaumont kids, but they're coming from the Giddings unit. The kids that went to Victoria, they were telling me, also were Beaumont kids that they sent to Victoria, and they didn't have any problem with them when they got there. COMMISSIONER BALDWIN: Judge, is this contract with the State of Texas, or is it with Jefferson County? Or -- JUDGE TINLEY: We're contracting with Texas Youth Commission MS. HARRIS: With the Texas Youth Commission. COMMISSIONER BALDWIN: Which is the State of Texas, I understand. JUDGE TINLEY: Mm-hmm, yeah. In essence, yeah. Agency of the State of Texas. COMMISSIONER BALDWIN: Yeah. So, what we're talking about here -- if you don't mind, let's rush on down to the bottom line. COMMISSIONER WILLIAMS: Sure. COMMISSIONER BALDWIN: We're talking about you're wanting us to give you $209,790 for a six-month period. Is that what you're asking for today? MS. HARRIS: Yes, sir. And then, in turn, I 9 _ti-vs 16 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 will pay you $410,400 through TYC. COMMISSIONER BALDWIN: Yeah. I'm not -- I just want to know what we're going to do here today. MS. HARRIS: Yes. COMMISSIONER BALDWIN: How -- COMMISSIONER LETZ: What we're -- those -- the expenditures is part-time. If something happens and the kids leave or are here for a day for whatever reason -- MS. HARRIS: Right. COMMISSIONER LETZ: -- it's not -- I mean, it's not a -- MS. HARRIS: COMMISSIONER are $2,000 or $3,000. COMMISSIONER COMMISSIONER today and quit Monday, we'r bucks. There was -- NICHOLSON: The start-up costs LETZ: That we won't get back. NICHOLSON: So, if we start up going to be out a few thousand MS. HARRIS: Because upgrading the radios was approximately 1,000, because the reception between the two buildings was not very good. COMMISSIONER BALDWIN: And you're going to have probably -- you know, I don't know; your office is in that building, and we do have a couple of classrooms and that kind of thing, but I don't think we've ever really lit 9-a9-os 17 1 2 3 4 5 ti 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 L 2 23 24 25 the place up, so you're talking about a couple of thousand dollars for electricity, probably. MS. HARRIS: That's true. COMMISSIONER BALDWIN: Do we have money in an electricity budget to pay for that, or do we need to add on here? Or -- MS. HARRIS: Well, to tell you the truth, the budget that I -- that I gave you for this next fiscal year I took from historical electrical bills over this last year, and since the classroom is in the back of that annex building, it is past the secure area, then lights and air conditioning and heating have been used all year long, and so I felt like that that gave us a pretty good indication of what the utility costs would be, and I had incorporated that in my 'OS-'06 budget. COMMISSIONER WILLIAMS: In terms of cash flow, how do you -- you bill them monthly? Weekly? How do you do it? MS. HARRIS: Monthly, just like we do the counties. COMMISSIONER WILLIAMS: On a monthly basis? MS. HARRIS: Yes, sir. COMMISSIONER WILLIAMS: So, the reality is we're only fronting six weeks. By the time you get to turn-around time, it's only six weeks, and revenue starts ~-~G-o~ 18 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 coming back? MS. HARRIS: Yes, sir. COMMISSIONER BALDWIN: Okay. Today being September the 29th, where do we get $209,790? COMMISSIONER LETZ: Well, that was my question. Is the -- is the juvenile facility being run as a separate entity? And if -- I mean, or is it just -- does the -- if there is excess revenue over expenditures out of this, I don't see that that ever gets -- it just gets put in with the overall pot out there. COMMISSIONER BALDWIN: If it starts tomorrow. COMMISSIONER LETZ: And no additional -- COMMISSIONER BALDWIN: The 1st, I mean. COMMISSIONER LETZ: And if this comes close to happening, you know, working out, the revenue's going to be in there. We will never have to put in any additional money; we just use the current budget line items, except we have to do a -- COMMISSIONER NICHOLSON: Yeah, I see it -- if, by some windfall, we got a full house of these children, you know, overnight, this would be the same situation. We'd have a little more costs and twice that much income coming in. COMMISSIONER LETZ: 'Cause we're not authorizing any expenditure until -- you know, today. I see ~~ z9-n, 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 L4 25 we're authorizing the contract. COMMISSIONER WILLIAMS: Comes out of the regular budget right now. COMMISSIONER LETZ: Comes out of the regular budget. COMMISSIONER BALDWIN: That is in place today? COMMISSIONER WILLIAMS: Yes. JUDGE TINLEY: Mm-hmm. COMMISSIONER BALDWIN: Or Saturday? COMMISSIONER LETZ: Well, I don't think they're going to be hired today, are they? MS. HARRIS: No, sir. COMMISSIONER BALDWIN: So -- COMMISSIONER LETZ: I see what you're saying. I mean, from a budget-year standpoint, I guess if you -- COMMISSIONER BALDWIN: Well, which brings up another question, is this -- this payroll issue tomorrow. What happens -- I know that's not an agenda item, but it's got to be addressed, and it's a part of the moneys that we're sending out there. Is there not a payroll problem out there tomorrow? MS. HARRIS: About the overtime? COMMISSIONER BALDWIN: No, paying your staff. MS. HARRIS: Oh. 9 2 9-(I 5 ~0 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: You don't know anything about that? MS. HARRIS: I'm not aware -- I didn't know there was a problem. JUDGE TINLEY: The Auditor indicated to me, I believe yesterday, he -- he was going to make the necessary arrangements so that that could be handled. MR. EMERSON: Hate to be a party pooper, but it's not on the agenda, guys. COMMISSIONER NICHOLSON: You were right. COMMISSIONER LETZ: We couldn't do a payroll adjustment if we wanted to. COMMISSIONER BALDWIN: Okay. They're not going to get paid tomorrow. End of statement. COMMISSIONER WILLIAMS: I guess the Auditor -- well, we can't talk about it. We'll talk about it later. MS. HARRIS: This is the first I've heard that there's a problem. COMMISSIONER WILLIAMS: I don't know. COMMISSIONER BALDWIN: Can't talk about it. JUDGE TINLEY: Can't talk about that there's not a problem, right? Okay. COMMISSIONER LETZ: Well, I guess my question goes back to this. Is the -- COMMISSIONER BALDWIN: You're right. y-~9-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 zl COMMISSIONER LETZ: Is the -- does the Auditor have this set up as a self-contained entity? Does the -- I mean, does the revenue go into the general fund, or does the revenue go into the fund for the Juvenile Detention Facility? That's my question. Because we're going to have to do a budget amendment -- if it goes in the general fund, the revenue, then we have to do a budget amendment of 209 -- COMMISSIONER BALDWIN: I think -- COMMISSIONER LETZ: -- thousand at some point. If it's a self-contained fund, we will never have to do a budget amendment. COMMISSIONER BALDWIN: I think the County Auditor has the Juvenile Detention Facility sitting out there all by itself in a -- a whole separate deal away from the rest of it. COMMISSIONER WILLIAMS: I asked him to budget for the revenue side as well. COMMISSIONER LETZ: Both sides. COMMISSIONER BALDWIN: We have asked him to track the thing pretty close, and he did that for that reason. MS. HARRIS: And so this would just be considered as per diem revenue, just as if we had another county. JUDGE TINLEY: Mm-hmm. 9-24-n5 22 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 COMMISSIONER NICHOLSON: Yeah. COMMISSIONER LETZ: And -- COMMISSIONER NICHOLSON: That's the way I'm looking at it, just the same as we just got 24 more children tomorrow. COMMISSIONER WILLIAMS: That's right. COMMISSIONER NICHOLSON: Of any kind. JUDGE TINLEY: Sure. COMMISSIONER WILLIAMS: That's right. That's the way I see it. COMMISSIONER LETZ: All we're doing is authorizing the contract. I don't see that anything from a budget standpoint takes place today. COMMISSIONER WILLIAMS: I don't either. JUDGE TINLEY: As though we were approving another contract with a third-party county and they were going to place two kids the middle of next week. MS. HARRIS: Right. COMMISSIONER WILLIAMS: You're confident you can pull this off? MS. HARRIS: Yes, sir. JUDGE TINLEY: Mr. Holekamp? MR. HOLEKAMP: Yes? JUDGE TINLEY: You've got a maintenance function to do out there. Are you up and ready to go? ~_;~-o~, 23 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. HOLEKAMP: Yes, sir. And the only thing I ask for is patience and understanding, not only from Ms. Harris, but from the Court. Some of my people may start grumbling a little bit, because they'll be outside of the scope of their normal responsibilities, because I'm going to have to shuffle maintenance into custodial, custodial into maintenance, and we're going to do probably a lot of shuffling with people to accomplish it. We're working on getting the -- some areas secure for TYC, and I'm going to try to have them completed by noon tomorrow for acceptance. So -- but I'm not asking for additional staff; what I'm asking for is patience. My people are -- are going to be confused at first, because I'm moving them around to different places, but -- MS. HARRIS: And my staff are willing to help. My night shift shift supervisors can clean, and which they -- MR. HOLEKAMP: And I appreciate that. MS. HARRIS: And they do that anyway, 'cause they've been doing that. But -- and taking out trash and things of that nature, and so my night shift can -- can do that. MR. HOLEKAMP: And I appreciate that. So, that was the only statement I had, is that if y'all hear some grumblings, it's frustration primarily. v-a os 24 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 JUDGE TINLEY: Just adjustments being made? MR. HOLEKAMP: Yes. JUDGE TINLEY: Okay. Any -- any issues that the TYC people required with regard to the facility that -- that are unresolved or that you see a problem with? MR. HOLEKAMP: We're -- we're completing the, I think, rec yard this afternoon, securing some wire -- some chain link fence that was on the loose side that they possibly could crawl up and push and crawl out. And things that were brought to our attention yesterday, and I believe those are going to be -- if they're not completed this afternoon by 5:00, they will be completed in the morning first thing. So -- MS. HARRIS: Okay. MR. HOLEKAMP: -- I think we'll have those. Now, as far as the interior, I haven't -- I got no report that we were out of compliance based on their -- MS. HARRIS: They were fine. They -- I had two, three -- I had four TYC representatives that have been through the facility twice, and nothing in the interior. MR. HOLEKAMP: Okay. MS. HARRIS: Nothing. COMMISSIONER WILLIAMS: Has Mr. Odom begun that work that we expect out there today on the water -- MS. HARRIS: No, sir. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER BALDWIN: Not an agenda item. COMMISSIONER WILLIAMS: That's a question regarding operations. JUDGE TINLEY: Plan of action. COMMISSIONER WILLIAMS: Action plan. COMMISSIONER BALDWIN: This is to approve the contract. COMMISSIONER WILLIAMS: I would move, Judge, that Kerr County -- that Commissioners Court approve the contract with Texas Youth Commission for the placement of 24 youth for a minimum of three months at a per diem rate of $95. MS. HARRIS: And before you vote, let me also clarify, the reason why TYC agreed to pay us the higher per diem that they allow, the $95 a day, is because they understand that the County is going to be out some start-up costs, and that the kids are receiving treatment. Now, -- COMMISSIONER BALDWIN: They should pay more. COMMISSIONER NICHOLSON: Mr. Attorney? MR. EMERSON: I need to make y'all aware of some minor contract issues that Becky already knows about that I sent over to her. There's a fairly large number of certifications that had to be provided to the State in here, and we need to make sure we get those in or we have the ability to get them in, because if we don't, there's v-'S-us 26 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 administrative civil penalties in here that they'll charge us. So, y'all just need to be aware of that, and I guess if Becky needs help, she may come hollering for it. COMMISSIONER WILLIAMS: Those will be things between you and Ms. Harris to provide and make sure they're attached. MR. EMERSON: There's nothing I have to do with it; it's just certifications of everything from asbestos to -- MS. HARRIS: And I've done that. MR. EMERSON: -- insurance to medical to you-name-it. COMMISSIONER WILLIAMS: Okay. COMMISSIONER BALDWIN: So, just send those forms in. MS. HARRIS: Yes. Yes, I've already taken care of the asbestos. MR. EMERSON: I have not seen any of the exhibits attached to this contract, so I don't know if Becky has or not. MS. HARRIS: I haven't seen the exhibits either. MR. EMERSON: I've seen the boilerplate, but seen nothing of the exhibits. MS. HARRIS: The -- the asbestos, the ~~-z9 us z7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 L S liability insurance that they require a copy of that, I sent to them. The certificates from TYC and from the Juvenile Board certifying the building, I sent them copies of that. They did not ask for the architectural barrier letter that I have. They may later. But the -- the statement of work and the attachments that I sent to the statement of work -- with the statement of work sufficed with TYC's' central office in constructing the contract, so if there's any extra things or additional things that I need to supply, they will -- they will let me know. But they know this -- like, certificates, T.J.P.C. and the Juvenile Board certificates, that's all the -- the certificates that a T.J.P.C. facility has. MR. EMERSON: All I -- JUDGE TINLEY: I think what Mr. Emerson was referring to, in the contract itself, there are certifications as to E.E.O.C., franchise taxes -- MS. HARRIS: I took care of that yesterday, too. JUDGE TINLEY: -- H.I.V., communicable diseases, HIPAA compliance, all -- MS. HARRIS: Mm-hmm. JUDGE TINLEY: -- on and on and on it goes. You are in and will continue to be in compliance with all of those various -- MS. HARRIS: Right. g-~~g-ns 28 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: -- regulatory requirements? MS. HARRIS: The franchise tax letter, Tommy sent me a letter -- the Auditor sent me a letter yesterday stating that, this being a county entity, it does not pay taxes. I faxed that to them yesterday. I took care of that. The HIPAA laws, TYC knows that since we are a T.J.P.C. certified facility, the confidentiality laws, HIPAA laws, things of that nature, already apply to us. We already adhere to those. MR. EMERSON: They may already know it, Becky, but you need to send them a certification, because that's what the contract says. MS. HARRIS: Okay. Well, a certification is probably going to be in the form of a letter, because there is no HIPAA law certification. MR. EMERSON: Right. JUDGE TINLEY: Even if it's nothing simply more than a letter that says, "As specified in contract dated so-and-so, please be advised that Kerr County and the facility is in compliance with all the matters as specified in Section 2, Paragraph 1 through 6," or whatever. MS. HARRIS: Right. JUDGE TINLEY: "If you need anything further, please specifically advise me in writing as to what that need might be." G v us z9 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. HARRIS: Okay. JUDGE TINLEY: Shift it. COMMISSIONER LETZ: I think it -- I mean, it would -- I haven't looked at the contract. There's a bunch of them. I recommend, even if you've sent some of them, you send them all again at one t ime, as, "Here are all the certificat ions under the con tracts," and let Rex ma ke -- you know, look through them just to make sure that -- MS. HARRIS: That's fine. COMMISSIONER LETZ: -- we're meeting the terms. MS. HARRIS: I can do that. JUDGE TINLEY: We -- we don't want them to come back, obviously. MS. HARRIS: Right. And a T.J.P.C. representative is going to come to the facility every week. They told me that this afternoon. JUDGE TINLEY: Great. MS. HARRIS: So, as -- as we get into this, after the dust settles, you know, I will -- they will tell me, okay, Becky, we need a copy of this or we need a copy of that. So -- JUDGE TINLEY: Okay. I have a motion. I don't recall that I have a second. MS. THOMPSON: No second. 9 2'i-OS 30 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 COMMISSIONER LETZ: Second. JUDGE TINLEY: I have a motion and a second for approval of the contract. Any question or discussion? I assume that the motion includes authorization -- COMMISSIONER WILLIAMS: Authorize County Judqe to sign the same, right. JUDGE TINLEY: All right. COMMISSIONER WILLIAMS: Yes, sir. JUDGE TINLEY: Any further 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. Thank you, ma'am. MS. HARRIS: Mm-hmm. COMMISSIONER WILLIAMS: Good luck. MS. HARRIS: Thank you. JUDGE TINLEY: We have nothing -- no further agenda items or matters to consider, so we will stand adjourned. (Commissioners Court adjourned at 4:37 p.m.) e ~s-os 31 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 15 17 18 19 20 21 22 23 24 L S STATE OF TEXAS COONTY 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 4th day of October, 2005. JANNETT PIEPER, Kerr County Clerk Kat y B ik, Deputy County Clerk Certified Shorthand Reporter - _ n ~ 5 ORDER NO.29411 APPROVE CONTRACT BETWEEN TEXAS YOUTH COMMISSION AND KERR COUNTY JUVENILE FACILITY Came to be heard this the 29th 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: Approve the Contract with the Texas Youth Commission for the placement of 24 youth at the Kerr County Juvenile Facility for 6 months at the rate of $95 per day, and authorizing County Judge to sign same.